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HomeMy WebLinkAbout07-12-2005 Clerical CommitteeCLERICAL COMMITTEE MEETING JULY 12, 2005 @ 6:30 P.M. HISTORIC DEPOT 50 NORTH 4~ ommittee members in attendance: Aldermen Craig West, Larry Sazff, Les C lderman Kevin Meade was absent. ether Aldermen in attendance: Jim Hartford, Joe Berazdi, Rick Reed Eric Schenck. ethers in attendance: Mayor Rodney W. Heinze, City Clerk Nancy Whites, reasurer Kathleen A. Luker, City Attorney Jim Elson, Public Works Director C 'Brien, Maurer Stutz Inc. Keith Plavec, Police Chief Donald Edwazds, Fire Chief Ji tanko, Wastewater Supt. Joe Carruthers, Water Plant Supt. Greg Pollitt, Sys1 [aintenance Supt. Bill Terry, Street Supt. George Spahn, Zoning Officer Clark Wils ideo Services Joe Ginger. News media from Daily Ledger of John Froehling, Jom tar Brenda Bowen, and others in audience of Bill Davies, Lazrilyn Hoops, Jack Hall ; ave Bruketta. Finance Committee Alderman Les Carl, Chairman Bills. Motion and second by Aldermen Sazff/West, to send the bills to council for their consideration. Discussion. Several Aldermen ask for explanation of bills and the department heads answer their questions. Voice vote, motion carried unanimously. Treasurer's Resort. Kathy Luker city treasurer explained that the report is for 2 months. There is no report on budget spending yet as the Budgets for 2005 have not been turned in completely. Motion and second by Aldermen Sazff/West, to refer to council for their consideration. Voice vote, motion carried unanimously. Resolution for maintenance of streets & highways $250,000 MFT FUNDS. Motion and second by Aldermen West/Sazff, to refer to council for their consideration. Voice vote, motion carried unanimously. Municipal estimate of costs $209,825.29 and operations. Motion and second by Aldermen Sazff/West, the Municipal Estimate be referred to council for their consideration. Discussion. Maurer Stutz Inc. representative Keith Plavec mentioned that $5,000 is earmarked for street sweeping and also funding for the sidewalk project. Alderman Schenck asked about having more understanding of the process. Keith explained that the bid letting will be done in August and then sent to IDOT for their approval before the project can be awarded. Voice vote. Motion carried unanimously. Maintenance Engineering performed by consulting engineer $10,800.92. Motion and second by Aldermen Sazff/West, to accept the consulting engineers fee of $10,800.92 for maintenance engineering and referred to council for their consideration. Discussion. Keith Plavec said he had done a study for capitol improvement of the next few yeazs as Clerical Committee July 12, 2005 requested by Alderman Joe Berardi and Public Works Director Cliff O'Brien. Alderman Carl ask from Keith Plavec in the future, to have permission from the committee before doing any extra work. Voice vote, motion carried unanimously. Proposal river intake structure and Humping station. Motion and second by Alderman West/Sarff, to refer this issue to the council meeting for their consideration. Discussion. Alderman Berazdi thought this should come before the Public Works committee instead of the Finance Committee. Keith Plavec from Maurer Stutz Inc. mentioned that the $116,000 cost is not to exceed that amount. Voice vote, motion carried unanimously. HoteVMotel funds of $5.000 for Lake Development. Motion and second by Aldermen Sazff/West, to refer to council for their consideration. Discussion. Alderman Reed mentioned that the pavilion would be built on the old boat dock point. The building would be open air of 20x30 in size. There would be a grill, picnic tables, and electricity available also. Alderman Cazl said that $10,000 has already been allocated and $5,000 for brochures also allocated from the HoteUMotel Funds. Alderman Berazdi wanted to know why not use the funds from the campground? Greg Pollitt said the Lake Committee decided they wanted to use the HoteUMotel funds at this time and this is the direction the committee wanted to go. Alderman Reed reported that the committee wants to use the generated funds of the campground for improvements at the campground azea this fall. We are moving slowly on improvements as we don't want to deplete the account. Voice vote, motion carried unanimously. Revolving Loan Fund. Alderman Carl mentioned that he had two applications for using the funds. The first request is from Jack Hall and David Bruketta. Their company is known as A to Z Risk Management Inc. located at 40 East Ash Street, Suite 40B, 646- 0986. The medical consulting 3`~ party administrator is a private start up of Illinois corporation located in Canton Illinois providing valuable and needed watchdog services to self-insured companies. Services provided include audits, procedural audits, eligibility audits and pharmacy audits of third party administrators. They aze asking for $66,000 and Alderman Carl said the figure discussed was $60,000. They would be tazgeting primarily school districts and municipal government, as its major source of revenue. There is no chazge until they prove the over payments. The mayor will be making appointments to the Revolving Loan Committee next week and then the committee will meet to consider the two requests for use of the $68,000 that is in the account. The Finance Committee wanted the council members to be awaze of this new committee and what their duties aze. The second request for funds from Revolving Loan fund to be considered by the committee is a new business of Cafe Europe located at 82 North Main from Rosolino Puleo and Brad Anderson. They aze requesting funds of $7,000 for an awning and making improvements to the building. Alderman Cazl mentioned that Lee has had a 2 Clerical Committee meeting July 12, 2005 revolving loan before and paid it off. Mayor Heinze said this was to be discussed in executive session, but after checking with legal council this has to be in open session with the financial sheets looked at confidentially. City Attorney Jim Elson mentioned under Il State Statute 71-G Records remind confidential, but the meeting however is to be held in open session. Mayor Heinze mentioned the Revolving Loan Committee members are appointed by him of 2 commercial loan officers, city attorney, mayor and a representative of the council. Alderman Carl mentioned the Resolution was passed in the last 4 years to form this committee. Motion and second by Aldermen Sarff/West, to refer to council for their consideration of seeking relief from an HHS Loan began in 1984 of $ million dollars and now the city owes $340,000. Voice vote, motion carried unanimously. Tif Loan. Alderman Carl stated that this fund was active some 8 years ago to loan funds to businesses. Council decided to discontinue doing this. Alderman Carl wants to know if the committee would be interesting in activating the account again. The funds would come from 4A TIF funds and to use for the other TIF fund of IH. There is a request to use these funds. Alderman Schenck like the idea to be used for on going businesses. Alderman Berardi wants to use funds for the Elm Street businesses. Alderman Carl is recommending to reinstate the program. Alderman Sarff wants to know why the program ended? Motion and second by Aldermen West/Sarff, to refer to council for their consideration. Voice vote, motion carried unanimously. The Finance Committee adjourned at 7:28 p.m. Legal & Ordinance Committee Alderman Kevin Meade, Chairman Alderman Sarff chaired the meeting in the absence of Alderman Meade the chairman. Officials refusal to enforce ordinances. Alderman Sarff asked for the city attorney to explained the protocal of complaints. Jim Elson mentioned that complaints for the Fire and Police Departments would go to the Fire & Police Commission and established by ordinances and State Statute. Alderman Berardi did not like the idea of people can't come to the meetings and speak about their problems. The people feel intimidated coming here and they should not be refused to come here to council and address the problems we are talking about. The aldermen should be coming here and saying we have problems. And, the mayor won't enforce the State Statute with Don Inmon. An up standing member of CADA and Chamber of Commerce can't speak before this body. City Attorney Jim Elson ask Alderman Berardi if tickets have been issued? Alderman Berardi called for point of order. I did not ask for an opinion, I'm asking a question. Jim Elson said he was not ~r° Clerical Committee meeting July 12, 2005 asking the question as he was not awaze of any tickets being issued. Alderman Sarff than asked the Police Chief Don Edwazds if tickets had been issued. Don said they have and aze pending before the court. Alderman Berazdi mentioned that 2 tickets had been issued, the person making the complaint also received a ticket. Don Edwazds said this is pending before the courts and I'm in violation of the supreme court rules if I talk about this, and I'm not going to do it. Alderman Berardi then asked if there is any reason a citizen can't come here and complain about the way the situation was handled? Alderman Sazff said the court is above this body. We're doing all we can and some things we can't. You have to use the proper channels. Alderman Berazdi asked, where is this chain of command? The person making the complaint got a ticket. Alderman Sarff asked if the complaints aze in writing? Alderman Berazdi asked what is the procedure for a person to speak at our meetings. Mayor Heinze asked Alderman Berardi, do you agree that intimidation is not the way we conduct business here? Alderman Berazdi said he was not under investigation. Mayor Heinze said that he did not care if the person was chairman of the Chamber of Commerce or who they aze, as he has never turned anyone down that wanted to talk with him. Alderman Sazff said he did not believe officials aze not refusing to enforce ordinances. Mayor Heinze said that Don Inmon was suppose to be here and he is not. It is not a conspiracy to clean up their property. We are trying to do something. Mayor Heinze said he has something he is working on to help in this area and will share the information later on. Spending authority for department heads and mayor. Alderman Berazdi wanted to know what committee this ordinance was presented to? Mayor Heinze told Alderman Berardi the Legal & Ordinance Committee has reviewed the ordinance before being referred to the council meeting. This is the way it is done, and a letter was sent out to all Aldermen. Alderman Sazff said he had no problem with the mayor making emergency decisions and would rather have that done, then raising the limits. Mayor Heinze said it borders between emergencies or not getting it done. Freedom of Information Act fees. Alderman Berazdi mentioned that a citizen was charged a $20 fee from the police department. City Attorney Jim Elson thanked Alderman Berardi for bringing forth this issue as Jim said it is not legal and now the department is chazging $.75 a page. Don Inmon -Power Point presentation. This was removed from the agenda as Don Inmon did not come to the meeting. City Attorney Jim Elson remazked that his son James Elson 4 yeazs ago worked on this case and nothing was done in the last 4 years. Jim said he resubmitted the case for leave to reinstate and the meeting is set for July 20tH Jim reported that he and Fire Chief John Stanko talked with the insurance company and they reported that Don Inmon is having difficulty providing ownership of the trailers. Alderman Sazff mentioned to pursue action quickly. 4 Clerical Committee July 12, 2005 Attorney for IH Truck & Engine. The city has received proposals from Bell, Boyd & Lloyd LLC and Howazd & Howazd. City Attorney Jim Elson suggested the committee or special committee interview somebody from each of the two law firms. It is important they understand and should be asked! (1) Where would you file suit in this case? (2) How much travel would be involved? Alderman Cazl said the proper procedure is to Vandewalle & Associates and they should be there during the interviews. And we need to move funds from one TIF to another TIF before we can even do this. Alderman Berardi said TIF money is always going through our hands, this is just preliminary cost. Do we have to use Vandewalle & Associates to sit down with IH? City Attorney Jim Elson said that is why he suggested the interviews, these questions should be asked of these law firms. IH does want to sit down and negotiate. Alderman Sazff said our objective is to settle this, and the azea of technical law is to deal with this issue. And we should look at specialize legal help. Mayor Heinze asked Clazk Wilson to speak on this issue. Clark Wilson stated that in his opinion, this issue is of urgency. Our consultants came before you and mentioned the responsible parties are under the statute of limitations. IH called us and said they knew that demolition had taken place. The City has negotiated with staff based in Chicago. Vandewalle & Associates looked at this and made recommendations, and they desperately need the city to get IH on board, but not suing them. IH knows what they owe down here and it's our place to assure them what they need to do here. And in those negotiations, what we can do to benefit Canton. All it is, is money! We have $600,000 clean up funds waiting for us. If we can use those funds and the allowable IH funds for further clean up, because on Second Avenue we have a Tier 1 level of contamination. These aze all environmental questions we need to ask. The Environmental Protection Agency and the US EPA is watching us. And they have told us for a long time, Canton is going to have to do something also. Status of lawsuit of trailer court. Alderman Berardi asked about the status of the trailer court behind the Motel Siesta and owned by Don Inmon. Has any legal action been done? No one was awaze of any. Neighborhood race track. Alderman Cazl said to Alderman Berazdi, people can get on the agenda for the committee's. Alderman Berardi said they were on the agenda last week and they were not allowed to speak. Lets just drop it! Tree crowing through property located on 11"' Avenue. Taken offagenda. Compost/Manure up against fence on West Elm Street. Alderman Berazdi commented that the citizen was told by a city official that nothing can be done, you will have to get an attorney. Alderman Berardi said I would think they would walk up and tell the citizen remove it, and you would have less problems! Alderman Cazl said this is not a violation, and why would a city official go up to the resident? Alderman Berazdi Clerical Committee July 12, 2005 mentioned that citizens aze afraid of retaliation. Mayor Heinze said this might be the time to set a meeting. Alderman Sazff sugested a town hall meeting. Alderman Berardi said he has 20 members already on this special committee that he has been working on. Mayor Heinze said he will call Alderman Meade to get a meeting date set. Alderman Cazl thought the mayor should make the appointments to this committee. General, specific, & additional duties of standing committees. Taken offthe agenda. Update on West Locust iunkyard. Taken offthe agenda. Pink Trailer located on Birch Street. Taken offthe agenda. The Legal & Ordinance Committee adjourned at 8:31 p.m. Community & Industrial Development Alderman Craig West, Chairman Update of Activities. The fireworks committee did a wonderful job and so did Tammy Reed in honoring the veterans and the servicemen. Vandewalle & Associates Agreement. Alderman Carl ask if the city is willing to use Vandewalle's Associates as the City's consultant for IH? We have $225,000 in the TIF fund and assuming Vandewalle & Associates fee would come from this fund. Alderman Sarff asked if Vandewalle & Associates had given the city anything of what the city would be looking at on annually? Jim Elson answered, the average has been around $45,000. Alderman Berardi mentioned that Congressman Lane Evans has reported the City would be receiving a grant sometime in September or October. Clark Wilson said the grant was applied for by Vandewalle & Associates. Alderman Schenck thought that it would be good to keep Vandewalle & Associates on boazd through negotiations with IH Truck & Engine. The Planning in the future is a separate issue. Motion and second by Aldermen Sazff/West, to retain Vandewalle & Associates under contract and have available at council meeting for the opportunity of funding and retainage. Voice vote, motion carried unanimously. Plaques for businesses. Alderman Berazdi had a plaque made up for the Sunset Manor for their addition to the Nursing Home. He paid for the plawues that cost him $20.00. Alderman Carl told Alderman Berardi he should be commended. Motion and second by Aldermen Sazff/Cazl, to proceed with the program outlined by Alderman Berardi. Discussion. Alderman Reed said his calls mentioned the cost would be too costly and who decides who gets the plaques? Mayor Heinze said the nominees would come to this committee. Voice vote, motion carried unanimously. 6 Clerical Committee July 12, 2005 The Community & Industrial Development Committee adjourned at 8:45 p.m. Negotiations, Grievance & Personnel Alderman Larry Sarff, Chairman No item was listed on the agenda, and there was no discussion held. The Executive Session for Negotiations, Grievance & Personnel for discussion of Loan Review was cancelled as the law requires the discussion to be held in open session, reported City Attorney Jim Elson. The Negotiations, Grievance 8c Personnel Committee adjourned at 8:46 p.m. Recording Secretary, ~~ ~~~~~ ~%~ Nancy Whites, City Clerk 7