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Home My WebLink About12-21-2010 Council Meeting MinutesCity of Canton Council Meeting December 21, 2010 6:30 p.m. Canton Historic Depot Donald E. Edwards Way 50 N. Fourth Avenue, Canton, IL 61520 Aldermen in attendance: Craig West, Larry Sarff, Rick Reed, Eric Schenck, Jerry Ellis, Jorge Rivero, Dave Pickel, Jim Hartford Absent: None Staff in attendance: Interim Fire Chief Ernie Russell, Police Chief Dan Taylor, Attorney Chrissie Peterson, Treasurer Aaron Anderson, Mayor Kevin Meade, City Administrator Jim Snider, City Clerk Diana Tucker, Keith Plavec- Maurer and Stutz Engineering, ESDA director Phil Fleming Media in attendance: John Froehling, Canton Daily Ledger, Stacey Creasey, Fulton County Democrat Others in audience: Jay Smith, THE PLEDGE OF ALLEGIANCE OPENED THE MEETING FOLLOWED BY THE INVOCATION GIVEN BY JIM SNIDER, CITY ADMINISTRATOR ROLL CALL Yes No Absent Alderman West x Alderman Sarff x Alderman Reed x Alderman Schenck x Alderman Hartford x Alderman Pickel x Alderman Rivero x Alderman Ellis x CONSENT AGENDA Minutes of Council meeting held December 7th. 2010 Minutes of Clerical Committee meeting held December 14.2010 Motion and second were made by Alderman Hartford/Pickel to accept the minutes as presented and be placed on file. The motion carried by voice vote and was unanimous. BILLS Alderman Eric Schenck explained that an additional bill was brought to Council for consideration. The bill is for sidewalk improvement done on highway 78. The amount of the bill is $25,055.83. Motion and second was made by Alderman Schenck/Reed to accept and pay the bills as presented -including the additional bill for IDOT. ROLL CALL Yes No Absent Alderman West x Alderman Sarff x Alderman Reed x Alderman Schenck x Alderman Hartford x Alderman Pickel x Alderman Rivero x Alderman Ellis x The Motion Carried TREASURER'S REPORT Treasurer Aaron Anderson reported: Total balance between cash and investments is slightly over 12 million dollars. The general fund surplus is $220,000.00. The water/sewer surplus TYD is $1,131,000.00 Motion and second was made by Alderman West/Schenck to accept the Treasurer's Report as presented and be placed on file. The motion carried by voice vote and was unanimous. Finance Alderman Eric Schenck, Chairman ESDA Radio Purchase and Attachments Motion and second were made SchencklReed to approve the purchase from Ragan Communications new radios for the ESDA program in the amount of $3,906.30 from budget item 468. ROLL CALL Yes No Absent Alderman West x Alderman Sarff x Alderman Reed x Alderman Schenck x Alderman Hartford x Alderman Pickel x Alderman Rivero x Alderman Ellis x The Motion Carried Purchase of Spring for Fire Engine # 1 Alderman Schenck explained that the fire engine has one broken spring that needs replaced. If one spring is replaced, the spring on the other side must also be replaced. The springs were repaired and the actual cost was $3,800.00. 2011-2012 Budget Schedule City Administrator Jim Snider reported: The City is currently in the process of beginning the budget process. Jim will give a report at the January finance committee meeting on the revenue and expenditures for this year. A strategic planning session is held for February 5th at 9:OOam. A draft budget will be distributed prior to the meeting. Legal & Ordinance Alderman Dave Pickel, Chairman Canton Harvest Inn Redevelopment Agreement Mayor Meade explained that this agreement was distributed for review and will be further discussed at the next committee meeting. Community & Industrial Development Alderman .forge Rivero, Chairman Nothing for Council Action Negotiations, Grievance, & Personnel Alderman Larry Sarff, Chairman Nothing for Council Action MAYOR'S COMMUNICATIONS REMINDER OF WINTER SNOW PARKING REGULATIONS Mayor Meade reminded the public that a parking ban is effective when more than 3 inches is received. Citizens are reminded not to park on the city streets when a parking ban is in place. RESPONSE TO CITIZENS COMMENTS (ATTACHMENT) Mayor Meade stated that the City is looking into the cost of the water rates discussed at last week's meeting. Mayor Meade also wanted to address the comment made during last week's meeting regarding real estate taxes owed. Alderman Schenck received a legal opinion - at his own cost- from Miller, Hall and Triggs. This law firm is recognized as one of the experts in the area for municipal law. In the letter prepared by the law firm, it clearly states that nothing in the statute prohibits the aldermen from performing his/her duties during the time frame the alderman's property taxes were not paid. All duties performed by Alderman Schneck remain in full force. The following letter was requested to be placed on file: LAW OFFICES OF ROBERT C. HALL DENNIS R. TRIGGS " WILLIAM R. KOHLHASE PATRICK A. MURPHEY MICHAEL J. TIBBS RICHARD M. JOSEPH "' NATHAN R. MILLER JAY E. GREENING BCOTT A. BRUNTON JEFFREY E. KRUMPE MICHAEL A. KEETON MARK D. WALTON M. CURT RICHARDSON CHRISTOPHER D. OSWALD ROBERT B. MCCOY DARIN M. LAHOOD KENNETH C. BAKER JOSHUA D. HERMAN , KATHERINE L.3WISE JENNIFER KLEIN VANDEWIELE Mr. Eric Schenck Alderman City of Canton 229 N. Third Avenue Canton, IL 61520 MILLER, HALL &TRIGGS, LLC 416 MAIN STREET ROBERT HOLLIS MILLER (RET.) PAULA. LEWIS (RET.) THOMA9 R. DAMS (1852.2005) SUITE 1125 PEORIA, ILLINOIS 61602-1161 TELEPHONE: (309) 671-9600 TELEFAX: (309) 671-9618 WEBSITE: www.mhtlaw.com CHARLES H. YOUNG (OF COUNSEL) 'ALSO LICENSED IN FLORIDA "ALSO LICENSED IN DISTRICT OF COLUMBIA '•' ALSO UCENSED IN WISCONSIN December 16, 2010 Re: Review Of Illinois Municipal Code. Section 3.1-10-5 Qualifications: Elective Office Dear Alderman Schenck, Dlrott small: dsnnl>t.Mggs®mMlaw.com I have reviewed 65 ILCS 5/ Section 3.1-10-5 (b) and the allegations regarding your non-payment of property taxes on a rental unit between June 1, 2010 and October 1, 2010. It is my understanding that all outstanding property taxes on the rental unit were paid as of October 1; 2010 and that you are currently in full compliance with your taxes. After reviewing Section 3.1-10-5 (b) and the relevant facts it is my conclusion that nothing in the statute prohibited you from performing your authorized duties as an alderman during the applicable four month period between June 181 and October 1't. The law does not prevent you from remaining in your currently held office or carrying out your aldermanic duties if and when you have delinquent taxes. However, if you had continued to remain delinquent on your taxes, the State's Attorney's Office has the right to consider bringing legal proceedings to remove you from office. Only upon removal from office would your authorized duties as an alderman be severed. In addition, if you remained delinquent on your taxes at the time you were seeking re- election as a candidate you would be prohibited under the law from filing your candidacy. In conclusion, because your taxes were fully paid on October 1, 2010 and no legal action was sought or taken against you during the four month period, none of your aldermanic duties were effected during that time and thus, under the law, they remained in full force. Sincere) ~~ Dennis R. Triggs DRT/dml HOLIDAY HOURS-CITY HALL The City will observe the Christmas Holiday on Friday December 24th and the New Year holiday on Friday December 31St. LIQUOR LICENSE 7 out of 9 liquor license failed to comply during a recent alcohol compliance check. All of the packaged liquor stores passed. The people involved were issued tickets. The liquor commission will meet to see what penalty will be placed upon those that failed. JONES PARK Mayor Meade reported the Master Gardner's volunteered a total of 230 hours this year at Jones park. This is the highest number of volunteer hours since the program started. OLD BUSINESS: AN ORDINANCE APPROVING AND ADOPTING AN EXTENSION TO THE COMPLETION OF THE REDEVELOPMENT PLAN; PROJECTS; AREA AND OBLIGATIONS FOR TAX INCREMENT FINANCING (2ND READING) # 224 Motion and second were made by Alderman Schenck/Reed to approve the ordinance and place it upon file. ROLL CALL Yes No Absent Alderman West x Alderman Sarff x Alderman Reed x Alderman Schenck x Alderman Hartford x Alderman Pickel x Alderman Rivero x Alderman Ellis x The Motion Carried NEW BUSINESS: AN ORDINANCE AMENDING CHAPTER 11 (LAKE CANTON) OF TITLE 8 (PUBLIC WAYS AND PROPERTY) 1St reading ENTERPRISE DRIVE CULVERT REPLACEMENT BID RESULTS Keith Plavec reported that 8 bids were received for this project. The bids ranged from $298,000.00-$101,538.20 from Otto Baum. All of the 8 firms are IDOT qualified. Keith Recommends awarding the project to Otto Baum. The balance to date is $183,278.46 in the Industrial Park TIF. Motion and second were made by Ellis/Sarff to award the bid to Otto Baum in the amount of $101,538.00. ROLL CALL Yes No Absent Alderman West x Alderman Sarff x Alderman Reed x Alderman Schenck x Alderman Hartford x Alderman Pickel x Alderman Rivero x Alderman Ellis x The Motion Carried A RESOLUTION AUTHORIZING MEMBERSHIP IN THE MUNICIPAL (SELF) INSURANCE COOPERATIVE #3946 Motion and second were made by Aldermen Schenck/Sarff to approve the resolution and place in on file. ROLL CALL Yes No Absent Alderman West X Alderman Sarff X Alderman Reed X Alderman Schenck X Alderman Hartford X Alderman Pickel X Alderman Rivero X Alderman Ellis X The Motion carried ADJOURNMENT Motion and second were made by Aldermen Hartford/Pickel to close the public meeting and move to Executive Session for the purpose of discussing Police and Public Works Negotiation. The motion carried by voice vote and was unanimous. The etin was adjourned at 6: S Opm Diana Tucker City Clerk