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HomeMy WebLinkAbout01-20-04 City Council Meeting Minutes A regular meeting of the Canton City Council was held on January 20, 2004 in the Council Chambers at the Historic Depot at 50 North Depot Road, Canton, Illinois. PLEDGE OF ALLEGIANCE OPENED THE MEETING, FOLLOWED BY THE INVOCATION GIVEN BY NANCY WHITES, CITY CLERK. Mayor Bohler asked for roll call at 6:30 p.m. Present – Aldermen Jim Hartford, Craig West, Larry Sarff, Les Carl, Mary Fillingham. Absent – Alderman Bob Molleck who is out of state, & Alderman Elny Harn, & Alderman Rick Reed. MINUTES OF JANUARY 6, 2004 COUNCIL MEETING. Motion and second by Aldermen Hartford/West, the minutes of January 6, 2004 be accepted and placed on file. Voice vote, motion carried unanimously. BILLS FOR DECEMBER. Motion and second by Aldermen West/Fillingham, all bills properly approved be paid, with the addition of a bill from Hocker/Fitzjarrald in the amount of $20,700 for the City’s Audit. Roll call. AYES – Aldermen Fillingham, Carl, Sarff, West, Hartford. NAYS – None. 5 AYES, 0 NAYS, 3 ABSENT. Motion carried. COMMITTEE REPORTS. Finance. Council Action Motion and second by Aldermen Carl/Fillingham, to approve the purchase of a portable interrogator for the Meter Department in the amount of $6,300.00, and from Badger Meter Inc. Roll call. AYES – Aldermen Hartford, West, Sarff, Carl, Fillingham. NAYS – None. 5 AYES, 0 NAYS, 3 ABSENT. Motion carried. Motion and second by Aldermen Carl/Sarff, the approval of the Meter Department renewing the Utility Service Agreements on the meter reading software (CONNECT) and the meter reading hardware (MINI MOBILE INTERROGATOR), in the amount of $3,200.00. Roll call. AYES – Aldermen Fillingham, Carl, Sarff, West, Hartford. NAYS – None. 5 AYES, 0 NAYS, 3 ABSENT. Motion carried. Alderman Carl mentioned that the suggestion from the Management Letter/Audited Financial Statement was of changing the date of the committee meetings. The Finance Committee meets on the second Tuesday and the Mechanical Committee meets on the fourth Tuesday at the present time. The recommendation from the auditor was to turn thnd them around. Finance on the 4 Tuesday and Mechanical on the 2Tuesday. Alderman Carl said that after the last committee meeting where this was agreed to make those changes, a couple of the employees came up with a better suggestion, and that is ndthrd having the Council meetings on the 2 and 4 Tuesday instead of the lst and 3 st Tuesday. And the committees would be Mechanical on the 1 Tuesday, and Clerical on the 3rd Tuesday. Alderman Carl felt this would solve the problem of not receiving our Finance Report. Motion and second by Aldermen Carl, to accept the recommendation with a Resolution being drawn with the recommended changes. Discussion. City Attorney Ron Weber mentioned that to do this change specifically of the Council meetings would require a new ordinance to be in place. The council meetings are set by ordinance. The committees could be changed more easily as along time ago were set by Resolutions passed in 1982 and confirmed in 1989. We would also have to give appropriate notice to the press that we are changing the format of our meetings. Ron Weber suggested the following…we ask the department heads and appointed officials to consider this change and spend a little time, and to prepare a memo to come back to committee. The reason is we would be changing the entire structure and there may be other issues that should be considered. Motion and second by Aldermen Carl/Sarff, to start the procedures to investigate changing the dates for the Council meetings and Committee meetings. Discussion. Alderman Sarff asked if there was already a motion on the floor before? Mayor Bohler 1 Council meeting January 20, 2004 said there was, but there was no second to the motion. Voice vote, motion carried unanimously. Motion and second by Aldermen Carl/Sarff, to approve the payroll service of the city’s to be done in-house for $2,000 for a payroll module and training from LOCIS. Roll call. AYES – Aldermen Hartford, West, Sarff, Carl, Fillingham. NAYS – None. 5 AYES, 0 NAYS, 3 ABSENT. Motion carried. Motion and second by Aldermen Carl/Sarff, to allow the purchase for the fire department of 6 Breathing Apparatus and 6 spare air cylinders from Global/MES in the amount of $2,056.11. (The Fire Department received a federal grant for several items within the department. The full cost of the items is $18,504.99, and the grant is paying 90% of the price.) Roll call. AYES – Aldermen Fillingham, Carl, Sarff, West, Hartford. NAYS – None. 5 AYES, 0 NAYS, 3 ABSENT. Motion and second by Aldermen Carl/Fillingham, to seek bids for Diesel Exhaust Emissions Removal system for the Fire Department. Discussion. John Stanko said this is the second program contained in the federal grant funds and has to be done to be in compliance with the Department of Labor regulations, and the estimated cost will be $25,000. Alderman Hartford asked what is the city’s cost for this? Alderman West asked if this is just for the bidding? John Stanko, said that he is asking for the bidding process only, and it is estimated the cost will be $25,000. Roll call. AYES – Aldermen Hartford, West, Sarff, Carl, Fillingham. NAYS – None. 5 AYES, 0 NAYS, 3 ABSENT. Motion carried. Motion and second by Aldermen Carl/West, to waive the bidding process from Global/MES for purchasing the 6 Breathing Apparatus and 6 spare air cylinders in the amount of $20,561.10 (before the federal grant pays 90%). Roll call. AYES – Aldermen Fillingham, Carl, Sarff, West, Hartford. NAYS – None. 5 AYES, 0 NAYS, 3 ABSENT. Motion carried. Legal & Ordinance. Council Action None. Community & Industrial Development. Council Action None. Negotiations, Grievance & Personnel. Council Action None. COMMUNICATIONS FROM MAYOR BOHLER. Mayor Bohler asked for Rusty Graham Vice President of the Police Union to speak about the deferred Comp payments that were not deducted. Rusty Graham spoke about the several articles printed in the Journal Star concerning the Police Union, Public Works Union, Fire Department Unions, of the disagreement or the misunderstanding with the City about the mutual funds investments that are made. The Police Union had a meeting about a week ago. Other unions of the City did contact us about it, so we invited them to our union meeting. During the meeting it was discussed of all their options, and that was to file a complaint to get the ball rolling to get this corrected through the City. The meeting lasted about an 2 Council meeting 1-20-04 hour. During the meeting a couple people brought up a law suit or contacting an attorney. This was discussed approximately 5 minutes and everyone agreed that it was to premature at this point in time if this ever gets to that point, its way down the road, as we have several other options to go through with the City. After the meeting every one agreed we’re in agreement on this. I would like to point out the Deferred Comp payment the City pays in to, these mutual funds are not a contractual agreement. The only reason the unions were involved is because it represents the employees, and we have a base of organization for the employees to take their complaints to. The only thing that we were authorized to do as a union was our union attorney can not advise us in this while filing our complaint through the City. So we wanted to seek guidance from our members, would it be okay if we contacted a private attorney to get clarification on what steps we needed to take? And that was it! The only other thing we are allowed to do, is in two weeks have another meeting on the update of the complaint we filed, how we filed the complaint, who it was sent to, and what action was taken! Mayor Bohler asked Rusty – at any time were you aware that if any one in the union had contacted the City? Rusty, yes, we knew there was between three to four individuals that had spoken to you about this. But we were not aware of any action that had been taken. We ask if any follow up, and they said they had talked to the City Clerk’s office, the Mayor’s office and that you are aware of the problem and looking at options to deal with it. I have not heard anything since. Mayor Bohler asked Rusty – Did any of your union representatives, the president or yourself contact my office? Rusty said no, not that he was aware of, and Rusty said he was recently voted within the last two weeks as Vice President. Mayor Bohler asked Rusty - in your professional opinion as Vice President of the union, if there was a concern, you would bring it to the City, or Chairman of Personnel, or to the Mayor’s office? Rusty, I feel it should be dealt with through the City before it reaches any other point. Mayor Bohler said he appreciates those city employees who came here tonight. When the situation was brought to my attention by the Police Chief it was forwarded on to the City Clerk and she immediately made sure this was paid. This was not intentional this was just an oversight. The City contacted Bruce Beal’s office to get him involved if there was any money due. The preliminary estimate from ING was $25 to $35 per employee. We want to make sure this is accurate before any money is paid back. My office wants a good relationship with the Police Department, and the City is going to take care of their employees. Motion and second by Aldermen West/Sarff, the appointment of Mark Pirtle to the Fire & Police Commission be confirmed effective immediately and to serve until May 1, 2004. Discussion. Mayor Bohler explained that John Davis is resigning to spend more time with his business. Voice vote, motion carried unanimously. Motion and second by Aldermen Sarff/Hartford, to accept from Vandewalle & Associates (V&A) the Agreement for 2003 IEPA Stipulated Grant for the Northeast Corner, Phase l: Agreement for 2003 USEPA Petroleum Assessment Grant: Agreement for 2003 USEPA Brownfields Assessment Grant: and Agreement for 2003 USEPA Clean-Up Grant for the Northwest Corner. Discussion. David Byerly the Economic Development Director for the City of Canton explained the need for approving of these documents. In review of the records, it was discovered that a formal agreement between the two parties had not been executed. They are needed to insure the City’s compliance with IEPA audit requirements. Roll call. AYES – Aldermen Hartford, West, Sarff, Carl, Fillingham. NAYS – None. 5 AYES, 0 NAYS, 3 ABSENT. Motion carried. 3 Mayor Bohler wants to discuss the salary increases for the Non Union and Appointed Employees in executive session under Personnel. OLD BUSINESS: ORDINANCE – AMENDING ORDINANCE NUMBER 959 ENTITLED, “AN ORDINANCE INITIATING AND COOPERATIVELY DESIGNATING AN ENTERPPRISE ZONE.” Motion Second reading, read by title. and second by Aldermen West/Sarff, the ordinance be placed on its passage. Roll call. AYES – Aldermen Fillingham, Carl, Sarff, West, Hartford. NAYS – None. 5 AYES, 0 NAYS, 3 ABSENT. Motion carried. Ordinance being # 1789. NEW BUSINESS: RESOLUTION - AMENDING A “COOPERATION AGREEMENT” BETWEEN THE CITY OF CANTON AND THE COUNTY OF FULTON, ILLINOIS. (Ameren/Cips resolution for expansion of the Duck Creek facility.) First reading, Motion read by title. and second by Aldermen Carl/Fillingham, the resolution be adopted. Roll call. AYES – Aldermen Hartford, West, Sarff, Carl, Fillingham. NAYS – None. 5 AYES, 0 NAYS, 3 ABSENT. Motion carried. Resolution being #3674. RESOLUTION – SUPPLEMENTAL FOR MAINTENANCE OF STREETS AND HIGHWAYS IN THE AMOUNT OF $15,000. (THIS IS AN ADDITIONAL AMOUNT TO COVER THE INCREASED MAINTENANCE COSTS.) First Motion reading, read by title. and second by Aldermen Hartford/Sarff, the resolution be adopted. Roll call. AYES – Aldermen Fillingham, Carl, Sarff, West, Hartford. NAYS – None. 5 AYES, 0 NAYS, 3 ABSENT. Motion carried. Resolution being #3675. RESOLUTION - REVISED MUNICIPAL ESTIMATE OF MAINTENANCE COSTS. (BULK ROCK SALT OF 267 TON $8,885.76 AND BANK CHARGES FOR WIRE TRANSFERS (2) AT $10 EACH.) First reading, read by title. Motion and second by Aldermen Sarff/West, the resolution be adopted. Roll call. AYES – Aldermen Hartford, West, Sarff, Carl, Fillingham. NAYS – None. 5 AYES, 0 NAYS, 3 ABSENT. Motion carried. Resolution being #3676. RESOLUTION – FOR EXPENDITURE/AUTHORIZATION OF MOTOR FUEL TAX FUNDS IN THE AMOUNT OF $26,850.81. (THIS IS A REQUEST OF IDOT TO EXPEND THE ADDITIONAL FUNDS NEEDED TO COVER THE FINAL COSTS FOR THE 2003 MAINTENANCE PROGRAM.) First reading, read by title. Motion and second by Aldermen Hartford/Fillingham, the resolution be adopted. Roll call. AYES – Aldermen Fillingham, Carl, Sarff, West, Hartford. NAYS – None. 5 AYES, 0 NAYS, 3 ABSENT. Motion carried. Resolution being #3677. RESOLUTION – VINE STREET BRIDGE OVER BIG CREEK IN THE AMOUNT OF $43,000. (THIS IS FOR THE CITY’S SHARE OF CONSTRUCTION COSTS.) Motion First reading, read by title. and second by Aldermen Sarff/West, the resolution be adopted. Roll call. AYES – Aldermen Hartford, West, Sarff, Carl, Fillingham. NAYS – None. 5 AYES, 0 NAYS, 3 ABSENT. Motion carried. Resolution being #3678. AGREEMENT – FOR PRELIMINARY/CONSTRUCTION ENGINEERING SERVICES FOR MOTOR FUEL TAX FUNDS FOR THE VINE STREET BRIDGE OVER BIG CREEK. (THIS AGREEMENT PROVIDES THE CONSTRUCTION OVERSIGHT.) Motion First reading, read by title. and second by Aldermen Sarff/Fillingham, the agreement be approved. Roll call. AYES – Aldermen Fillingham, Carl, Sarff, West, Hartford. NAYS – None. 5 AYES, 0 NAYS, 3 ABSENT. Agreement #3679. EXECUTIVE SESSION – PURPOSE OF NEGOTIATIONS, GRIEVANCE & PERSONNEL – POLICE CONTRACT – PERSONNEL – AND POTENTIAL LAWSUIT PERTAINING TO THE 457 DEFERRED COMP PAYMENTS. Motion 4 City Council meeting 1-20-04 and second by Aldermen Hartford/Fillingham, to go into executive session. Roll call. AYES – Aldermen Hartford, West, Sarff, Carl, Fillingham. NAYS – None. 5 AYES, 0 NAYS, 3 ABSENT. Motion carried. The regular scheduled council meeting convened into executive session at 7:01 p.m. The minutes of the executive session for Negotiations, Grievance & Personnel, Police Contract, Personnel, and Potential Lawsuit Pertaining to the 457 Deferred Comp Payments, are on file in the office of the City Clerk for review. The regular scheduled council meeting adjourned from the executive session at 7:43 p.m. to reconvene into open session. Those in attendance besides the elected officials were Vice President of the Police Union Rusty Graham, President of the Police Union Misty Holloway, Peoria Journal Star reporter Brenda Bowen. Motion and second by Aldermen Sarff/Carl, to approve the City of Canton 2003-2004 Salaries, and retroactive May 1, 2003. Roll call. AYES – Aldermen Fillingham, Carl, Sarff, West, Hartford. NAYS – None. 5 AYES, 0 NAYS, 3 ABSENT. Motion carried. Adjournment. Motion and second by Aldermen Hartford/West, to adjourn. Voice vote, motion carried unanimously. The regular scheduled council meeting adjourned at 7:45 p.m. _____________________________ Nancy Whites, City Clerk APPROVED:___________________________ Jerry M. Bohler, Mayor 5 PUBLIC HEARING JANUARY 20, 2004 @ 6:00 P.M. COUNCIL CHAMBERS - DEPOT TH 50 NORTH 4 AVENUE, CANTON, ILLINOIS PURPOSE OF THE PUBLIC HEARING – TO CONSIDER THE QUESTION OF WHETHER TO AMEND THE EXISTING BOUNDARIES OF THE CITY OF CANTON/FULTON COUNTY ENTERPRISE ZONE. Those in attendance were Mayor Jerry Bohler, City Clerk Nancy Whites, City Attorney Ron Weber, Economic Development Director David Byerly, Alderman Jim Hartford, Alderman Craig West, Alderman Larry Sarff, Alderman Les Carl, Water Superintendent Greg Polllitt, Public Works Director Clif O’Brien, Fire Chief John Stanko, Police Chief Donald Edwards, Zoning Officer Clark Wilson, Daily Ledger Representative Linda Woods, Democrat Representative Bill Mitchell, (the last two were newspaper reporters.) Joe Ginger’s video service, Kathy Lockenvitz., Roger Nelson Ameren Real Estate. (Alderman Mary Fillingham came in after the meeting ended.) Mayor Bohler acknowledged Kathy Lockenvitz of Ameren Services at 6:00 p.m. Kathy Lockenvitz, Business Development Executive Economic Development with Ameren Services conducted the Public Hearing and opened the meeting at 6:00 p.m. to allow any public comments. Kathy Lockenvitz asked three times if there were any comments? Those in attendance at the meeting did not make any comments each time Kathy asked. The Public Hearing closed at 6:03 p.m. Kathy Lockenvitz asked that the following letters of support be added to the Public th Hearing: Senator George P. Shadid who represents the 46 District; State Representative st Michael K. Smith from the 91 Representative District; Mayor Jerry Bohler from the City of Canton; David Byerly Director of Economic Development for the City of Canton. Recording Secretary, Nancy Whites, City Clerk City of Canton, Illinois 6