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HomeMy WebLinkAbout03-13-2012 Clerical Committee Minutes CLERICAL COMMITTEE Tuesday March 13, 2012 7:45 p.m. Donald E. Edwards Way 50 North 4`h Avenue Canton IL 61520 Aldermen in attendance: Eric Schenck, Dave Pickel, Justin Nelson, Jim Hartford, Jeff Fritz, Gerald Ellis, Craig West, Jeremy Pasley, Aldermen absent: Staff in attendance: City Clerk Diana Pavley, City Attorney Chrissie Peterson, City Administrator Jim Snider, Comptroller Caty Campbell, Treasurer Nicole Marter, Police Chief Dan Taylor, Fire Chief Keith Frank, Interim Public Works Director Bill Terry, Joe Ginger Video Services. SRPED Mark Rothert In the audience: Phil Fleming News Media- John Froehling from Daily Ledger. Finance Alderman Craig West, Chairman BILLS Alderman West asked what the STS Services reflected on the bills list is for. The STS service is for the part time help for Attorney Peterson. Motion and second were made by Aldermen West/Pickel to send to council for consideration. The motion carried. TREASURER'S REPORT City Treasurer Nicole Marter reported: The statement of cash flow reflects the available cash at the end of February at 3.9 million dollars. This includes all funds, but that a significant portion of the funds are restricted. The Schedule of investments reflects the total investments at the end of the month were 5.6 million dollars. The budget comparison report reflects the general fund with a$25,228 loss at the end of February and a YTD loss of $122,099.00 The Water and sewer fund reflects a gain of $157,850.00 at the end of February and a YTD gain of $1,145,923.00. Since the completion of the treasurer's report Fuller's Jewelry has brought their loan current. Katy & Tory's loan was paid off in early February so it has been removed from the Treasurer's report. Motion and second were made by Aldermen West/Pickel to send to Council for consideration. The motion carried by voice vote and was unanimous. APPLE IPAD II PURCHASE City Administrator Jim Snider explained that he has obtained quotes for the purchase of IPADS for the aldermen and department supervisors. Below is a breakdown ofthe cost. $10,681.40 16 IPADs $6,075.00 Good Technology Enterprise Exchange (software that allows the IPADs to utilize Microsoft outlook $2,529.82 Timbuk Tech: Server to run Good Technology Software, Microsoft 2011 small business server CAL suite software and labor/support for installation. $1,159.99 Timbuk Tech: Material and labor to establish a wireless hotspot at the Depot $20,446.21 Total fixed investment cost Discussion took place regarding the difference between the IPAD2 and the new IPAD3's and the possible cost savings. The IPAD2's could drop in cost once the new IPAD's are released. The quote provided from CDW included tax so this amount would be removed from the total cost. The amount will be offset by our annual copy machine cost to produce the council packet, budget and reporting documents to the council in the amount of $3,000.00, not to mention the man-hours in copying the packets. If an aldermen is interested in purchasing their own IPAD's the cost would be for the machine alone. Attorney Peterson reminded everyone that the information on the IPAD's would not be exempt from FOIA requests. Motion and second were made by Aldermen Pickel/Fritz to send to Council for consideration. The motion carried by voice vote and was unanimous. ELECTRIC AGREGATION- CAROL FISHER W/AMEREN ILLINOIS Carl Fisher spoke about the electric aggregation. Deregulation started in 1997 and the State of Illinois decided to split the utility industry into two pieces. The electric utility that had power plants was drastically changed. The power plants on the supply side and the delivery were split into two different segments. Ameren Illinois became delivery companies to make sure poles are standing and lines are attached. The electricity fell on the consumer. It became the consumer's responsibility to find a supplier. This all began in 1997 and it took a ten year period before anything happened. In 2007 deregulation took full affect. Commercial customers saw suppliers wanting to sell them electricity while residential customers did not. Five years later residents are starting to see suppliers wanting to sell them electricity. As a delivery company Ameren Illinois is indifferent to this. Ameren does not make or lose money on supply, so they inform customers to educate themselves and find a supply option that will work for them. The electricity shows up on the Ameren bill, but it comes thru contracts that are not negotiation but Ameren passes them on at cost to customers. Three basic options are present. The first option is the default which is thru the state, the alternate suppliers that reach out to residents for solicit customers and the third option is a real time pricing plan. The actual price fluctuates based upon demand. Ameren offers real time pricing plans that are administered thru a third party agency called CNT energy that is billed on a customer's Ameren bill. Aggregation is a process that grew and pools customers and shop for a better price. The aggregation process is an option that customers should be educated on. Ameren will offer support with the education process of aggregation. The aggregation is an option for residents. People can opt in or opt out of the program. Citizens can vote for the aggregation on March 20, 2012 on the primary ballot. If a referendum passes the city board has the authority to pool the numbers and go out for the supply. If the referendum fails a city could still try an aggregation measure, however the residents would have to proactively opt into the program. If the referendum passes, residents can still opt out of the program, but if they do not opt out they automatically go into the pool for the supplier. WATER MAIN REPAIR No discussion necessary. The finance committee adjourned at8:17 pm legal & Ordinance Alderman Jeff Fritz, Chairman DISCUSS. CONSIDER AND VOTE ON AN ORDINANDE AMENDING TITLE 10 ZONING REGULATIONS. CHAPTER 15 (GENERAL PROVISIONS SECTION 10-15-24) SIGNS OF THE CANTON MUNICIPAL CODE Attorney Peterson explained that the Cities current zoning ordinance still prohibits political signs from being put up more than thirty-one (31) days prior to an election and requires the signs to be removed within forty-eight (48) hours after an election. As you may know, Illinois amended the State Statute (65 ILCS 5/11-13-13(12)) to eliminate a municipalities' power to prohibit political signs for a specific time period on residential property. The City can still have reasonable restrictions on size and location, but cannot limit how long a home owner leaves out their election signs. This went before the planning and zoning commission yesterday and received the option to forward to the committee. A few changes were made to the current ordinance to make the amendments discussed. Motion and second were made by Aldermen Fritz/West to send to Council for consideration. The motion carried by voice vote and was unanimous. DISCUSS. CONSIDER AND VOTE ON AN AMENDMENT TO THE NOISE ORDINANCE Attorney Peterson explained that the city has been working on the noise ordinance and comparing the city ordinance with the counties ordinance. Below is a copy of the proposed ordinance. It shall be unlawful for any person within the city to make, continue or cause to be made or continued, any loud, unnecessary or unusual noise which either annoys, disturbs, injures or endangers the comfort, repose, convenience, health, peace or safety of others, within the limits of the city. It shall be unlawful and a nuisance for any person to permit any noise as described hereunder to be made in or upon any house or premises owned or possessed by them or under their management and/or control. The following acts, without limitation, are declared to be examples of loud, disturbing and unnecessary noises in violation of this section: (A) Vehicles: 1. Horns, Signaling Devices: The sounding of any horn or signaling device on any automobile, motorcycle, or other vehicle on any street or public place of the city, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; the sounding of any such device for an unnecessary and unreasonable period of time; the use of any horn, whistle, or other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up. Authorized emergency vehicles may use warning sounds. 2. Engine Exhausts: The discharge into the open air within the city of the exhaust of any steam engine, gasoline engine, stationary internal combustion engine, or other kind or type of engine, motor boat, or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom. 3. Defect In Vehicle Or Load: The use within the city of any wagon, cart, automobile, truck, motorcycle, or other vehicle, so out of repair or loaded in such manner or with material of such nature as to create loud and unnecessary grating, grinding, rattling or other noises. 4. Loading, Unloading; Opening Boxes: The creation within the city of loud and excessive noise in connection with loading or unloading of any vehicle, or the opening or destruction of bales, boxes, crates, containers, or the like, without exercising reasonable care to limit such noise and to confine the same. 5. It shall be unlawful for a motor vehicle operator to play any radio or device capable of transmitting music or sounds from said motor vehicle in such a manner as to be plainly audible to any other person other than the player or operator of the device at a distance of twenty feet 120~)• (B) Construction, Repairing Of Buildings: The creation (including excavating), demolition, alteration or repair of any building within the city, other than between the hours of seven o'clock (7:00) A.M. and nine o'clock (9:00) P.M. on weekdays, except in case of urgent necessity in the interest of public health and safety, and then only with the requisite city permit, which permit may be granted for a period up to three (3) days while the emergency continues and which permit may be renewed for periods of three (3) days while the emergency continues. (C) Drums: The use within the city of any drum or other instrument or device for the purpose of attracting attention, by the creation of noise, to any place of business or entertainment or place of public assembly. (D) Heavy Equipment: 1. Pile Drivers, Hammers: The operation within the city between the hours of nine o'clock (9:00) P.M. and seven o'clock (7:00) A.M. of any pile driver, power shovel, pneumatic hammer, derrick or hoist, or other appliance, the use of which is attended by loud or unusual noises. 2. Blowers: The operation within the city of any noise creating blower or power fan, the operation of which causes loud disturbing noise, unless such blower or fan is muffled to deaden such noise. (E) Loudspeakers, Amplifiers, Paging Systems: 1. Sound On Streets: The playing, using, operating or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the producing or reproducing of sound which is cast upon the public streets of the city. 2. Restrictions Upon Hours Of Permitted Use: No machine or device specified in the foregoing paragraph shall be operated between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. from Sunday evening through Friday morning, and between eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M. from Friday evening through Sunday morning and on those evenings preceding national holidays and legal school holidays established by state law in such a manner as to be plainly audible at a distance of thirty feet (30') from the location of such set, instrument or device. (F) Radios, Televisions, Musical Instruments or Similar Devices, Time And Use Restrictions: The playing, using, operating or permitting to be played, used or operated, any radio receiving set, musical instrument, phonograph, tape, CD or MP3player, television receiving set or other machine or device for the producing or reproducing of sound between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. from Sunday evening through Friday morning, and between eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M. from Friday evening through Sunday morning and on those evenings preceding holidays as established by state law, loud enough to be clearly heard outside of the boundary of the property on which the sound is produced or reproduced. (G) Schools, Courts, Churches And Hospitals: The creation within the city of any excessive noise in the vicinity of any school, institution of learning, church, court or hospital, while the same is in use, which unreasonably interferes with the workings of such institution, or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed at or near such buildings indicating that the same is a school, hospital, court or church. (H) Hawkers, Peddlers: The shouting and crying within the city of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood. (I) Yelling, Shouting: Yelling, shouting, hollering, whistling, or singing on the public streets of the city, between the hours of eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M. or at any time or place so as to annoy or disturb the peace, quiet, comfort or repose of persons in any office, or in any dwelling, hotel or other type of residence or of persons in the vicinity, within the limits of this city. (J) Animals, Birds: The keeping of any animal or bird shut up or tied up in any yard, enclosure, stable, or other place within the city which, by frequently repeated barking, howling, crying, or singing causes frequent or long continued noise. (K) Interpretation And Legislative Intent: It is the intent of the Canton city council that the peaceful and quiet enjoyment of each resident's property, home, house, apartment and domicile be assured. Accordingly, this section shall be broadly interpreted to give force and effect to such section; specifically, no delineation of quiet hours in said section shall ever be interpreted as creating a right or immunity in any person to annoy, disturb, injure or endanger the comfort, repose, convenience, health, peace or safety of others by making, continuing or causing to be made or continued, any loud, unnecessary or unusual noise as aforesaid, even though such noise be made during nonrestricted hours. (Ord. 1191, 5-3- 1988) (L) Penalty: Any person violating any subsection of this Chapter shall, upon conviction or plea, pay a fine of not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00) for each such offense, exclusive of court costs. Motion and second were made by Aldermen West/Pickel to send to Council for consideration. The motion carried by voice vote and was unanimous. REQUEST BY CEFCU FOR USE OF PUBLIC PEROPERTY FOR A SPECIAL EVENT Attorney Peterson will contact CEFCU to see if they are still interested in information about a special event. Additional information will be brought back if CEFCU is still interested in the event. A RESOLUTION APPROVING AN ECONOMIC DEVELOPMENT SERVICES AGREEMENT BETWEEN THE SPOON RIVER PARTNERSHIP FOR ECONOMIC DEVELOPMENT AND THE CITY OF CANTON. Mark Rothert explained that this is the 7th annual agreement between the Spoon River Partnership and the City of Canton. The numbers have not changed from last year. The funds are divided between the general funds, the TIF fund, and the hotel/motel tax fund. Alderman Schenck explained that a section is in the contract regarding work orders for specific services that the partnership provides for the City should be utilized more. Motion and second were made by Aldermen Fritz/West to send to Council for consideration. The motion carried by voice vote and was unanimous. DISCUSS CONSIDER AND VOTE ON SETTING THE DATE FOR THE SALE AT PUBLIC AUCTION OF CERTAIN PERSONAL PROERTY OWNED BY THE CITY OF CANTON. Chief Taylor explained that an auction would take place at Gorsuch Auction House, 1004 South 4th Avenue on Sunday, March 18,1 2012 at 11:OOam and continuing until all items are sold or until bidding has terminated. Chief Taylor suggested passing the ordinance on the first reading due to the timing of the auction. EXHIBIT A CITY AUCTION ITEMS SUNDAY, March 18, 2012 at 11:00 a.m. GORSUCH AUCTION HOUSE, 1004 S. FOURTH AVE., CANTON, IL Police Department: 1.) One Handheld Scanner 2.) One Sirius Radio Receiver 3.) 15 Bicycles 4.) Three Mini Cassette Recorders 5.) One 35 mm Camera Public Works 1.)Large Particleboard desk 2.)Small Particleboard desk 3.)L-shaped Wooden Desk 4.)Three Computer Monitors 5.)Two Printers 6.)One Fax Machine 7.)Eight Computer Keyboards 8.)One box misc. computer cords 9.)6.5 hp Duraforce self-propelledmower-2 cycle 10.)4.0 hp Ranch King 22" cut mower-4 stroke 11.)Case IH 245 tractor w/new battery 12.)Five forms-12"flex 13.)Old set of forks 14.)Tire Chains Grader 15.)Salt Spreader 16.)2 Ton Floor Jack 17.)Salamander Heater Fire Department 1.)IBM Thinkpad 760EL Laptop 2.)Toshiba 660 CDT Laptop w/charger and external disk drive 3.)Dell Trinitron 15" Monitor 4.)Dell E7705 15"Monitor 5.)HP Deskjet 500 serial printer 6.)HP C3980A Laser Jet Printer 7.)Eight keyboards 8.)Desktop computer-no memory 9.)Desktop computer cart 10.)Two sets of computer speakers 11.)Ten Blue Seria) Connections 12.)Three Interad floppy drives 13.)35' Serial Cable 14.)D-Link Broadband Router 15.)Three Internal CD Drives 16.)Three Computer Mouses 17.jEleven Power Cords 18.)Eight Serial Cords 19.)Two Outside Radio Speakers Citv Hall 1.)Fax Machine 2.)Computer Speakers 3.)Four Keyboards 4.)Two Computer Screens 5.)Computer Mouse 6.)Wall Clock 7.)Postal Scale 8.)Two Printers 9.)Paper Cutter 10.)Laminator 11.)Two Adding Machines 12.)Memory Binders 13.)Typewriter Motion and second were made by Aldermen Frtiz/West to send to Council for consideration. The motion carried by voice vote and was unanimous. DISCUSSION OF SPECIAL EVENT LICENSE TO CLOSE RIGHT OF WAY Attorney Peterson explained that a spreadsheet will be kept by the park custodian listing the park events. After each event she will follow up with the departments to track the time and costs associated with the events. The city contacted the insurance company and found that additional coverage could be purchased, but the types of events that insurance coverage could be purchased for would not be the types of events held in Jones Park. Most of the events looking for coverage on are excluded from the City's insurance as being able to be purchased. The city could require insurance for specific events not covered under the city's policy by the event holders. A final draft of the form will be brought back next week. INTEGRY'S PLAN OF GOVERNANCE/ELECTRIC AGGREGATION City Administrator Jim Snider explained that he is currently working with the City Attorney on a plan of governance for electric aggregation. Information will be provided later this week and discussed in more detail at next week's meeting. CITIZEN CONCERN City Administrator Jim Snider explained that he visited with an individual who lives off of West Walnut Street. A location just off of West Walnut Street (outside of city limits) is being considered for a cell phone tower. City Administrator Jim Snider said that a permit is not yet obtained from the county. Attorney Peterson suggested getting additional information for the airport and the hospital flight patterns. The City is following up on additional information. The legal and ordinance committee adjourned at 8:45PM Community & Industrial Development Alderman Jeremy Pasley, Chairman UPDATE FROM MARK ROTHERT SRPED EXECUTIVE DIRECTOR Mark Rothert reported that he has been working on the Our Town Grant. Mark Rothert further explained that he has had success working on some possible leads for retail businesses. BLACK CROW CANDLE FACADE REQUEST Attorney Peterson explained that she distributed information that MidAmerican National Bank submitted regarding a fa~ade request from Black Crow. Discussion took place that the bank was aware of the chain of title. Attorney Peterson will ask a bank representative to be at the meeting next week to discuss the request in more detail. The Community & Industrial Development Committee adjourned at 9:02.m. Negotiations, Grievance & Personnel Alderman Dave Pickel, Chairman Nothing for discussion. ADJOURNMENT Motion and second were made by Aldermen Hartford/Ellis to adjourn into executive session for the purpose of pending litigation. Motion and second were made by Aldermen Hartford/Ellis to return to open session for an announcement at 9:45pm. Alderman Fritz explained that it is his understanding with the City's litigation with Navistar that it has been learned that certain documents have been released to them by a former Alderman. Attorney Peterson explained that the City has been in the process of arbitration with Navistar for several months. The City is currently in the process of discovery and 28,500 documents were disclosed to Navistar by the City. Some of the discovery responses by Navistar were surprising. The City was given 259 pages of documents that Navistar identified as being provided by Joseph Berardi. The documents were not provided by subpoena. Of the documents provided by Joseph Berardi, these documents were found to have been marked attorney client privilege, attorney client work product or marked both. The City is currently working with the law firm Hinshaw and Culbertson to see what type of impact this will have on the arbitration. The City is requesting a protective order in the arbitration. Navistar is currently reviewing this to see if they will consent to as far as the documents marked attorney client privileged. Or attorney client work product. Attorney Peterson explained that this will result in additional costs to the City for the legal team to handle the situation and give advice on how to move forward with the arbitration. The documents marked confidential that was released by Mr. Berardi was dated 2006. Motion and second were made by Aldermen Ellis/Pickel to adjourn. The motion carried by voice vote and was unanimous. Diana Pavley City Clerk