HomeMy WebLinkAbout10-09-2012 Clerical Committee Minutes CITY OF CANTON
CLERICAL COMMITTEE
Tuesday October 9, 2012 6:30 p.m.
Donald E. Edwards Way
50 North 4`h Avenue Canton IL 61520
Aldermen in attendance: Dave Pickel, Justin Nelson, Jim Hartford, Jeff Fritz, Gerald Ellis, Craig
West, Jeremy Pasley, Eric Schenck
Aldermen absent:
Staff in attendance: Mayor Kevin Meade, City Clerk Diana Pavley, City Attorney Chrissie
Peterson, City Administrator Jim Snider, Comptroller Caty Campbell, Fire Chief Keith Frank,
Deputy Police Chief Rick Nichols, Public Works Director Bill Terry
Joe Ginger Video Services.
In the audience: Anne Mayes, Missy Towery,
News Media- John Froehling from Daily Ledger.
Finance
Alderman Craig West, Chairman
BILLS
City Administrator Jim Snider pointed out one expense which is a non-recurring item. The payment to
John Newburn Construction was for the work completed in the director's room of City Hall. The room is
complete and is being utilized for various meetings and training sessions.
Motion and second were made by Aldermen West/Pickel to send to Council for consideration.
The motion carried by voice vote and was unanimous.
TREASURER'S REPORT
The statement of cash flows reflects the available balance at the end of September at 3.4 million dollars.
The schedule of investments reflects the total investments at the end of September at 4.5 million
dollars. The budget comparison report reflects the general fund with a$195,233.00 month gain and a
$160,965.00 YTD gain. The Water/Sewer fund reflects a$293,658.00 gain and a$895,626.00 YTD gain.
The City received a disbursement for IL lobs Now Grant for $66,391.00. The City also received the last of
the major installments of the property taxes that were slated to be received.
Motion and second were made by Aldermen West/Fritz to send to Council for consideration.
The motion carried by voice vote and was unanimous.
2012 TAX LEVY
The Truth in Taxation Act provides that not less than 20 days before any taxing body makes its levy it must
determine how many dollars in aggregate property tax extensions will be necessary. If the amount
determined is more than 105% of the previous year's extensions plus any amount abated by corporate
authorities prior to the extension, an additional notice published in the newspaper and a public hearing are
required before the levy can be adopted.
Outlined below is the recommended levy for 2012. The overall increase is in line with the projected 2%
increase in the City's EAV for 2012. In other words, although the levy will increase by 2%, the increase will be
offset by the projected increase in the City's EAV. So a property owner would pay the same levy to the City if
said properry is assessed at the same level in 2012 as it was in 2011. I have provided comments on each of the
levy amounts listed below.
We would not have need for a Truth in Taxation Public Hearing and notice published unless we make
additional changes. Outlined below you can see the proposed tax rate computation for 2012 on an assessed
valuation of 112,604,622. The City's percentage of the total taxes for Canton citizens (9.6575) is 19%.
2012
TAX Proposed 2011 Lv. Ext. Max. Rate 2011 Rate
Corporate $ 28,931 $ 19,706 .25 .0175
IMRF $ 358,094 $ 325,540 none .2891
Fire Protection $ 161,025 $ 161,025 .150 .1430
Fire Pension $ 483,975 $ 483,975 none .4298
Police Protection$ 82,764 $ 82,764 .075 .0735
Police Pension $ 283,313 $ 283,313 none .2516
Cemetery $ 26,000 $ 26,012 .025 .0231
Audit $ 27,000 $ 27,025 none .0240
Liability Insurance $ 208,319 $ 208,318 none .1850
Civil Def. ESDA $ 3,600 $ 3,603 .05 .0032
Social Security $ 221,606 $ 221,606 none .1968
Workers Comp. $ 244,127 $ 244,127 none .2168
Total: $2,128,754 $2,087,014 1.8534
Subject to final recommendation from police and fire pension actuary report.
Summarv of chanees:
Corporate: Increase of $9,225 to reflect this line item's share of the estimated 2%
EAV growth.
IMRF: Balance of estimated 2% EAV growth placed under IMRF to absorb an additional $32,554 due
to an increase in the annual rate the City contributes from 11.4% to 12.56 for 2012. Applicable
employees contribute 4.5%.
Fire Protection: No increase on levy.
Fire Pension: No increase on levy. (A levy increase is anticipated. However, the lllinois Department of
Insurance is not expected to provide an actuarial report by the Truth in Taxation Notice deadline of
early November. The City's pension board has been made aware of this situation.J
Police Protection: No increase on levy.
Police Pension: No increase on levy. (A levy increase is anticipated. However, the lllinois Department
of Insurance is not expected to provide an actuarial report by the Truth in Taxation Notice deadline of
early November. The City's pension board has been made aware of this situation. J
Cemetery: No increase on levy.
Audit: No increase on levy.
Liability Insurance: No increase on levy.
Civil Defense ESDA: No increase of levy.
Social Security: No increase on levy.
Workers Compensation Insurance: No increase on levy.
**********Levy amounts vs. extension amounts may vary when actual extension is computed by
the County***********
The schedule to address our tax levy will be as follows:
Tuesday, November 13, 2012 - Committee review and recommendation to the full
Council for action on the dollar amounts of the 2012 Tax Levy
Ordinance.
Tuesday, November 20, 2012 - First Reading of Tax Levy Ordinance at Council
Meeting.
Tuesday, December 4, 2012 - Second and Final Reading of Tax Levy Ordinance
Wednesday, December 5, 2012 - City Clerk files certified copy of Tax Levy
Ordinance with Fulton County Clerk.
DISCUSSION:
Alderman Schenck asked if the City could change the proposal from 102% to 104.50% to allow more
money to go the corporate tax to be used for capital expenditures. City Administrator Jim Snider
explained that he suggested a neutral levy that would not create an increase in the property tax from
the City.
Alderman Schenck further expressed the need to put money aside for capital expenditures. The council
continues to see items brought forward for large expenditures such as the recent request for a new
software program and City vehicles. The City continues to discuss where funds will come from for
repairing sidewalks, etc. The choices are difficult between cutting back on expenses or looking at
making small changes in the revenue streams to keep up with the expenses. The longer the City
procrastinates in these decisions, the more difficult it will be for the City to keep things in balance
between revenue and expenditures. The expenditures being proposed currently will impact this year's
budget along with next year's budget.
City Administrator Jim Snider explained that wages continue to go up and union negotiations continue.
The only area in the budget that can grow is in sales tax. It is not anticipated to receive a"burst" in sales
tax this fiscal year or next fiscal year. The only other area is to raise taxes or to look at cost savings with
man power.
Alderman Schenck further discussed the need for the street maintenance program. The City should
work on creating a capital budget to allow the City to maintain the street improvement program.
This will be brought back to the mechanical committee meeting for further discussion.
ENTERPRISE SOFTWARE PURCHASE
City Administrator Jim Snider explained that his recommendation was to have the City purchase the entire
module from Springbrook including the payroll module. The work session committee last week decided to
hold off on the payroll module and keep it with ADP. The following information was provided that outlines the
proposed plan for financing the software program without the payroll module.
The financial investment without the payroll module ($37,775 less) would be as follows:
Fund ~ ~~Allocation ~~pital Investment
General Fund ~ ~ ~~37.50% ~ $61,104~
_ . _ _ _ . _ ~ _ . . . _ _ , _
Water & Sewer Fund = 37.50% ~ $61,104
_ ~ _ ,_m ~ _
TIF ~ 25.00% ; $40,735
'~~Ttf~dl ~ 1~.~9b $162,~43
_
The annual maintenance portion would be reduced to $32,781.
$87,663 of this total expense will be required up front. Since this is a non-budgeted item, this expense
could be paid as follows: $46,928 GF Reserves and $40,735 TIF Reserves. The allocated balance
($75,280) would be budgeted and paid out of Water & Sewer Fund and General Fund over three years
(interest free).
ADP has given us a reduced discount from 20% currently to 33%. With this discount, the payroll services
we currently receive (weekly payroll) plus the addition of the GL interface, which would allow us to build
a report that would assist in recording the payroll into LOCIS or Springbrook, would be $22,285 versus
the $26,000 we paid last fiscal year. To go to bi-monthly payroll, with the same services, ADP has
quoted us $14,618.86. These proposals are good for 30 days (from 9/25/12). The proposal also states
that the pricing is good for 6 months or 180 days and that after that time ADP has the right to increase
prices at any time. The ADP price agreement to be for 2 years.
Alderman Schenck explained that the City should have a plan to live within our means. The more the
City deviates from this, the more difficult it is to get back on track.
Comptroller Caty Campbell explained that she has found several deficiencies in the LOCIS program, and
feels it is a need in the finance department to get a better accounting program.
Alderman Pasley expressed some concerns regarding the need for additional staffing during the
conversion process. The conversion process itself will be a full time job, and if you shift people from
their regular duty to perform the conversion duties you will definitely need to hire additional people. If
the payroll module is delayed at this time, it would be two years before the city could change from ADP
to Springbrook.
Alderman Pasley explained that he does not see any advantages at all to switch from ADP to bringing
payroll in-house.
City Clerk Diana Pavley explained that by having ADP as the payroll provider it automatically eliminates
the need to have additional staffing. ADP provides staffing (free of charge) to become a backup person
in the event someone at the City is on vacation or out sick. The City simply sends the information to
ADP and they will process the payroll for the City. ADP has the staffing and provides the necessary
services to the City for not only payroll process, but for compliance, updates in the payroll law, IRS tax
filing, mandatory reporting needs and human resource services.
Motion and second were made by Aldermen West/Pickel to send to Council for consideration.
The motion carried by voice vote and was unanimous.
• Alderman Pasley asked to see a timeline on the amount of time it will take for the conversion.
• Alderman Schenck would like to see reductions in the general fund budget this year to help pay
for the expense.
WWTP AERATION BAY AIR PIPING REPLACEMENT
City Engineer Keith Plavec explained that a bid document was put together. Bid quotes are as follows:
GM Mechanical $7,460.00
Kemper $3960.00
The city has worked with Kemper in the past, and Keith is confident that they would be able to do the work
requested. The project would be paid from the bond funds.
Motion and second were made by Aldermen West/Fritz to approve the low bid from Kemper in the
amount of $3,960.00 and send to Council for consideration.
The motion carried by voice vote and was unanimous.
WTP CHLORINE BUILDING ROOM REPLACEMENT
Keith Plavec explained that Dean Construction provided a quote in the amount of $3,416.00
Motion and second were made by Aldermen West/Pickel to send to Council for consideration and have the
expense paid out of the water department operating fund by Dean Construction in the amount of $3,416.00.
The motion carried by voice vote and was unanimous.
USED FIRE TRUCK PURCHASE
Chief Frank requested the approval to purchase a fire truck to replace engine 2. The City has received a
10% down payment for the purchase of engine 2. The request is to purchase a fire truck for up to
$62,000.00.
Motion and second were made by Aldermen West/Pickel to send to Council approval of expenditures for up
to $62,000.00 to purchase a used fire truck.
The motion carried by voice vote and was unanimous.
CITY HALL ELEVATOR
The City received two separate quotes from Otis Elevator to provide a Lambda Entrance-Protection
Device in the amount of $2,595 and a quote for a Mechanical Door Restrictor (MDR) in the amount of
$3,565. We have had recent issues with the elevator at City Hall closing too quickly on people. Otis is
our single source provider for maintenance on the elevator at City Hall. FY 13 budget for building
maintenance under the Buildings and Grounds Budget is $13,500. We have spent a little under $3000
year-to-date. The request is to approve this expense of $6160.00.
This will be brought back to council for further consideration.
Legal & Ordinance
Alderman Jeff Fritz, Chairman
AGREEMENT WITH OWNER OF 42 WEST CHESTNUT FOR DEMOLITION AND TRANSFER OF OWNERSHIP
Attorney Peterson explained that this is a property that the City has been dealing with for some time.
This property is commonly called Ashwood's Pool Hall. The project started while Pekin was still doing
the building inspections. At that time it came to the City's attention that the building was in very poor
condition. The City has since had the building inspected by a structural engineer, and found that repairs
to the building would exceed $200.000.00. The building only has a value of less than $20.000.00. The
City filed suit against the owner of the building- Linda Ashwood. Linda has since come to the City and
wanted to discuss handing over ownership of the building in return for the City not pursing the
demolition case any longer. This would also foreclose the right to seek any personal judgment against
her for the cost of the demolition--- which is estimated at $50-60,000.00.
Attorney Peterson explained that the City has a couple of options. The City could proceed with the
demolition and then file a lien on the property for approximately $60,000.00. The City could foreclose
the judgment or seek a personal judgment against Linda Ashwood. After speaking with Linda Ashwood,
Attorney Peterson explained that she is not sure that this would ever be paid. Acquisition of the
property does fit into the long term downtown plan--- as far as having more parking in the downtown.
Attached is a copy of the proposed agreement.
DEMOLITION AND PROPERTY TRANSFER AGREEMENT
THIS AGREEMENT made and entered into this day of , 2012, between
the City of Canton, an Illinois municipal corporation, (hereinafter referred to as the "City") and LINDA M.
ASHWOOD, 25580 N. Dog Patch Road, Ellisville, Illinois (hereinafter referred to as the "Ashwood").
Ashwood represents that she is the legal owner of the property known and called 42 W.
Chestnut Street, Canton, Illinois, and is duly authorized to enter into this Agreement with the City; and
In consideration of the City's forbearance from further prosecuting its cause of action (Case No.
12-MR-74 file in the Ninth Judicial Circuit, Fulton County, Illinois on June 20, 2012) against Ashwood; and
Further, in consideration of the waiver of Ashwood of her right to present defenses to resist said
cause of action; and
Further in consideration of the mutual covenants, agreements and stipulations of the parties,
the parties do hereby agree as follows:
1. Parties agree that the structure located at 42 W. Chestnut, in the City of Canton, Illinois, is a
dangerous and unsafe building as defined in Sec. 6-18-12 of the Code of the City of Canton
and Section 11-31-1 et. seq. of the Illinois Municipal Code (65 ILCS 5/11-31-1 et. seq.) and
that it is not economically feasible for Ashwood to repair said premises, which is legally
described as follows:
A part of Lot Number Sixteen 16) in Jones' First Addition; and a strip of surplus
land running along the South side of West Chestnut Street, known as the gore,
described as follows: Commencing at a point 8 inches North of the intersection
of the West line of an alley between Lots 16 and 15 in said Addition, and the
South line of West Chestnut Street, running thence South along the West line of
said alley 127.75 feet, more or less, to the South line of said Lot 15, thence West
23 feet, thence North to a point 23 feet West of the place of beginning; thence
East to the place of beginning, all situated in the City of Canton, in the County of
Fulton, State of Illinois.
ALSO:
A strip of land 2 feet wide off the East side of the center part of Lot 16 in Jones'
First Addition to the City of Canton, Fulton County, Illinois, and more particularly
described as follows: Beginning 23 feet West of the Northeast corner of said Lot
16, thence West 2 feet, thence South to the South line of said Lot, thence East 2
feet, thence North to the place of beginning, situated in the City of Canton,
Fulton County, Illinois.
TAX I.D. NUMBER: 09-08-27-412-003
COMMONLY ADDRESS: 42 West Chestnut Street, Canton, Illinois 61520
2. Ashwood agrees and consents to permit the City to enter upon the premises and demolish
or cause to be demolished the structure described in Paragraph 1 in the City of Canton and
County of Fulton, Illinois.
3. The City agrees to enter upon the premises and demolish or cause to be demolished said
structure.
4. That on DATE, the City obtained an order for the demolition of said structure.
5. That on DATE, the City demolished said structure.
6. That the cost to demolish said structure is estimated to be XXXX.
7. That pursuant to 65 ILCS 5/11-31(a) the City may recover the cost of the demolition,
including court costs, attorney's fees and other costs related to the enforcement of this
statutory section from the owner of the real estate as a lien upon the property.
8. The City is entitled to file a lien in the amount of XXX representing all cost of demolition,
court costs, attorney's fees and other filing fees.
9. In lieu of foreclosure of the lien and/or any judgment obtained as part of the lawsuit filed
(Case No. 12-MR-74), under Section 11-31-1 of the Illinois Municipal Code, Ashwood is
conveying the property to the City.
Motion and second were made by Aldermen Fritz/Pasley to send to Council for consideration.
The motion carried by voice vote and was unanimous.
OMA TRAINING
REMINDER
January 1, 2013 the online OMA training must be completed at the attorney general's website. The
certificate needs to be filed with the City Clerk.
RECIPROCAL REPORTING AGREEMENT BETWEEN THE SCHOOL. CITY AND STATE'S ATTORNEY
Attorney Peterson explained that within the last few years several changes took place regarding the way
the criminal law treats juveniles. The City has always had an agreement with the school district
regarding releasing information. The update to the agreement has been reviewed by the council for the
school district and the states attorney's office. The new policy designates who the liaison should be at
the school and the police department. The proposed agreement is attached.
WITNESSETH:
WHEREAS, the City and State's attorney have responsibility for law enforcement within a portion of the
boundaries of the School's district; and
WHEREAS, the parties have mutually determined that it would be in the best interest of the safety and
welfare of students of the School District to have a reciprocal reporting system regarding certain
offenses committed by students attending the School; and
WHEREAS, Section 10-20.14 of the lllinois School Code (105 ILCS 5/10-20.14) authorizes the School
District to establish and maintain a reciprocal reporting agreement between the School and the City
regarding the reporting of criminal offenses committed by students; and
WHEREAS, Section 107 of the lllinois Juvenile Justice Act of 1987 (705 ILCS 405/1-7) authorizes the City
to share law enforcement records with the School concerning a minor enrolled in the School who has
been arrested or taken into custody for certain offenses; and
WHEREAS, this Agreement is authorized by the Illinois Constitution of 1970 and the Intergovernmental
Cooperation Act, 5 ILCS 220/1 et. seq., providing for the execution of agreements and implementation of
cooperative ventures between public agencies of the State of Illinois; and
WHEREAS, the School and the City have reached an agreement concerning the protocol of reporting
criminal offenses committed by students to each other and wish to memorialize the terms of such
agreement herein; and
NOW, THEREFORE, in consideration of the foregoing, and the promises and covenants set forth
hereinafter, it is agreed as follows: 2
I. Statement of Purpose:
The School and the City recognize the need for educators and law enforcement officials to share
information within the bounds of a confidentiality requirement applicable to police officers and school
officials regarding activities of minor students, both in and out of school, so that they may work together
in as efficient manner as possible to prevent, eliminate and discourage acts of crime, violence and
intimidation.
For this reason, the School and the City, in cooperation with the States' Attorney, agree to and hereby
establish the following Reciprocal Reporting Agreement between the City's Police Department, as a local
law enforcement agency, and the School District regarding criminal offenses committed by students.
This agreement is entered into with the intent to reduce juvenile crime and to increase school safety by
promoting the exchange of appropriate information between the police and school officials in
compliance with the requirements of the Juvenile Court Act, the Illinois School Students Records Act,
and Sections 10-20.14 and 22-20 of the Illinois School Codes.
II. Cooperation:
A. Superintendent of the School will provide the City's Chief of Police with a list of administrators to be
contacted as needed. The list will contain regular and emergency telephone numbers and identify which
administrators are to be contacted for various types of problems and the order in which administrators
are to be contacted.
B. Chief of Police will provide the school district with a list of officers who have responsibility for
responding to school inquiries for information and providing general assistance. The list will contain the
school resource officer and two back-up officers. The list will also contain the officer's regular and
emergency telephone numbers and will identify which officers are to be contacted for various types of
problems and the order in which the officers are to be contacted.
C. The administrators on the school district's list and the primary and back-up police officials on the
Cities list will need to facilitate mutual cooperation as often as necessary.
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III. Reporting of Student Criminal Activities:
A. By the school district to police officials;
1. Except to the extent such report violates the Illinois School Student Records Act, 5 ILCS 10/1 et. seq.,
school officials will promptly report to police officials the activity of students who reside and/or attend
school in the City that involves or is suspected to involve:
a) Criminal gang activities;
b) Weapons such as guns and knives, explosives, impact devices or any item used as a weapon;
c) Sale of drugs and other intoxicants;
d) Possession of significant quantities of drugs or other intoxicants;
e) Fights or other violent activity which might reasonably carry over into the community;
f) All abuse, neglect, lockout and runaway situations;
g) Acts of vandalism;
h) Other activities involving students which threaten the safety of students or community members on
or off school property;
i) Any state or federal crime occurring or which has occurred on school property or at a school
sponsored event which might reasonably carry over into the community.
2. Where violence or other activity posses an imminent threat to the safety of students or community
members, relevant information will be shared as soon as possible; otherwise, the information will be
shared not later than two business days after the information becomes known to school officials.
3. When the activity or conduct of a school district student constitutes an eminent threat to the safety
of students or community members or the student or where information regarding the activity or
conduct of a
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school district student may assist in the protection or safety of school district students or community
members, information regarding such students' activities will be disclosed to the police department as
soon as possible provided, however, as such information becomes part of the students school record
under the provisions of the Illinois School Student Records Act, 105 ILCS 10/1 et seq., the school district
will not disclose the information from the students school records to the police department absent
specific written consent of the students parent/guardian (or the student if age eighteen (18) or older),
by an order of a court of proper jurisdiction or as otherwise permitted by law.
4. In accordance with Section 10/6(a)(6.5) of the Illinois School Student Records Act, and consistent with
Section IV of this Agreement, the school district may release student records or information to juvenile
authorities when necessary for the discharge of their official duties upon a request for information prior
to adjudication of the student and if certified in writing that the information will not be disclosed to any
other party except as provided under law or order of court. "Juvenile authorities" include probation
officers for the student authorized by the judge hearing the case, law enforcement officers and
prosecutors, and others as defined in Section 10/6(a)(6.5).
B. By Police Officials to the School District
1. Police officials will report to school officials the same type of information referenced in subsection A
above, within the same time frames, where the activity by students or others might reasonably carry
over onto school grounds of school sponsored activities.
2. As provided by Section 1-7(A)(8) of the Juvenile Court Act, police officials will report to school officials
within the time frames referenced in section A above and disclose the law enforcement records of a
minor enrolled in one of the school district's schools who has been taken into custody or arrested for
any of the following offenses or suspected offenses:
a. Unlawful use of weapons under Section 24-1 of the Criminal Code;
b. A violation of the Illinois Controlled Substances Act;
c. A violation of the Cannabis Control Act; 5
d. A forcible felony as defined in Section 2-8 of the Criminal Code, including murder, criminal sexual
assault, robbery, burglary, arson, kidnapping, aggravated battery resulting in great bodily harm or
permanent disability or disfigurement, and any other felony that involves the use or threat of physical
force or violence; or
e. A violation of the Methamphetamine Control and Community Protection Act.
3. As required by Section 22-20 of the Illinois School Code, police officials will report to school officials
whenever a student enrolled in one of the school district's schools is detained for proceedings under the
Juvenile Court Act or for any criminal offense or any violation of a municipal or county ordinance. The
report will include the basis for the detention, the circumstances surrounding the events which led to
the student's detention and the status of the proceedings. Police officials will periodically update the
report as significant stages of the proceedings occur in order to notify school officials of developments
and the disposition of the matter. All such reports will be kept in a secure location separate from the
student's official school record and will be used by school officials solely to aid in the proper
rehabilitation of the student and to protect the safety of students and employees in the schools.
4. In administering Section 22-20 of the school code and this agreement, law enforcement officials will
report conduct involving vandalism, violence, gangs, weapons, drugs, alcohol, runaways, family disputes,
abuse, any other offense as required by law, or an appearance in court as a juvenile or an adult for any
other offense other than minor traffic offenses. Police officials will share information with school
officials where student misconduct outside of the school is likely to be carried into school or school
activities, or have a significant impact on the safety and well being of students, staff and community
members associated with the schools.
5. Although the provisions of the Juvenile Court Act do not always apply to students ages 17 or older,
police officials will provide school officials with the same information regarding suspected criminal
offenses committed by students ages 17 and older as is reported for students included in the scope of
the Juvenile Court Act under this agreement. 6
IV. Confidentiality and Records
A. Content of Criminal Activity Information. All criminal activity information will include the names of all
involved persons, including school district students and minors, except in cases where the name of the
victim is protected under the Rights of Crime Victims and Witnesses Act, 725 ILCS 120/1, et seq., as
amended, or other applicable law.
B. Confidentiality of Law Enforcement Records and Criminal Activity Information. Any law enforcement
records subject to disclosure under this agreement will not be disclosed or made available in any form to
any person or agency other than as set forth in this Agreement or as authorized by law. Police officials
and school officials may develop procedures, as needed, to ensure such nondisclosure of criminal
activity information, except as may be authorized by law or set forth in this agreement. Such procedures
will be designed to also ensure that any criminal activity information is not available to other employees,
or any persons other than as authorized by this agreement or by law.
C. Illinois School Student Records Act. Section IV of this agreement is generally intended to satisfy
Section 6(a)(6.5) of the Illinois School Student Records Act, 105 ILCS 10/6(a)(6.5), which authorizes a
school district to release information to law enforcement officers and other juvenile authorities as
defined in Section 6(a)(6.5) when necessary for the discharge of their official duties prior to adjudication
of the student and upon written certification that the information disclosed by the school district will
not be disclosed to any other party, except as provided by law or order of court.
D. Not Educational or School Records. School officials will follow state and federal laws regarding
student records. Consistent with Section 10/2(d) of the Illinois School Student Records Act, reports of
police officials working in a school will be deemed the reports of a law enforcement professional and
will not be considered a student record. 105 ILCS 10/2(d). For the purposes of the Family Educational
Rights and Privacy Act of 1974, 20 U.S.C. 1232(g), police officials designated to work with the school
district pursuant to these guidelines shall be considered a law enforcement unit of the school such that
the records created by police officials for the purpose of law enforcement shall not be considered
educational records, but may still be considered records subject to the Illinois Freedom of Information
Act.
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E. Ongoing investigations. In the event there is an ongoing investigation with respect to any student in
the school district which, in the opinion of the police department or states' attorney's office, would be
hindered in any way such disclosure, such information shall not be provided until the investigation is
concluded.
V. Indemnification
A. The school district shall indemnify and hold harmless the City, its elected officials, officers, employees
and/or agents from and against any and all claims, demands, suits, actions, and damages, excluding
attorneys' fees, that arise out of actions by the school district, its school board members, officers,
employees and/or agents related to this agreement that result in a judgment being entered against the
City or its elected officials, officers, agents and/or employees.
B. The City shall indemnify and hold harmless the school district, its school board members, officers,
employees and/or agents from and against any and all claims, demands, suits, actions, and damages,
excluding attorney's fees, that arise out of actions by the City, its elected officials, officers, employees
and/or agents related to this agreement that result in a judgment being entered against the school
district or its school board members, officers, agents and/or employees.
VI.Other Terms and Conditions
A. Term and Renewal. This agreement shall immediately take effect on the date of the last signature and
shall be in full force and effect for a period of two (2) years thereafter. This agreement shall
automatically renew for successive two (2) periods unless terminated as provided below, but in no event
for longer than twenty (20) years in total.
B. Termination. This agreement may be terminated at any time upon ninety (90) days advanced written
notice by any party to the other party.
C. Notices. All notices shall be in writing, sent by certified mail, return receipt requested, with proper
postage prepaid, shall be deemed to have been given on the date of the mailing, and shall be addressed
as follows:
City of Canton: Mayor Kevin R. Meade
City of Canton
2 North Main Street
Canton, Illinois 61520 8
Motion and second were made by Aldermen Fritz/West to send the agreement to council for
consideration.
The motion carried by voice vote and was unanimous.
A RESOLUTION APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF CANTON AND
DANIEL AND SANDRA IHNES
The proposed resolution will extend water to the property on Wheeler Road with the pre-annexation
agreement.
Motion and second were made by Aldermen West/Pickel to send to Council for consideration.
The motion carried by voice vote and was unanimous.
IDENTITY PROTECTION ACT
. - • -
Memo
To: Mayor; City Council, City Staff
From: C6rissie Peterson
Date: 9/13I2012
Re: Identity Protection Act
In January 2010, the Illinois I.egislature passed the Identity Protection Ac~t. The Act limits
the Cities ability W post ot display an individual's social security number, print an
individual's social sacurity n~unber on cazds for the access of products and services or on
mailed matexials, ~eqnirin8 an individual to oransmit a social security via the intemet, or
collect social security numbers in genecal. Eacemptions are noted below. To view tl~e full act
in detail, you can visit 5 II,CS 179/1 et.seq.
Staff has neviewed all city forms to ask for social sec~uity numbers and either amended the
fotm if it was determined unnecessary or if it was deternvned that the number was required
due to one or more of the exemptions Gsfsd below. There are no circwnstances in which the
City requires an individual to submit their social security number to the City via the intemet.
As required by this act, the City must }~ove an identity protection policy and provide training
to all employees who have access to social security n~unbers in oider W protect the
confidentiality of those numbers. Attached is a copy of the pmposed City of Canton Identity
Protection Policy. Upon appn~val, stai~' will distdbute the poGcy and provide trainit~g for
those employces who are requirad to obtain, use, and maintain social se~urity nunnber
infom~ation.
Circurnsmnces exemnt &nm the Act:
1. 1'his Act does not apply to the collectioq use, or disclos~u~e of a social security number as
required by State or Federal law, ntle, or negulation.
2. The disclosure of soc:ial security numbers to agents, employees, coniYactors, or
subcontracWrs of a governmental entity or disclosure by a governmentat entity to enother
governmeMal entity or its agents, employces, conhactors, or suboontractors if disclosure
is neoessary in order for the entity to perform its duties and responsibilities.
3. The collection, use, or disclosure of social security numbers for intemal verification or
administrative ptuposes.
~
CITY OF CANTON IDENTITY PROTECTION POLICY
Attorney Peterson explained that this policy defines the way social security numbers can and cannot be
used and will limit access to social security numbers. The city reviewed forms and made the appropriate
adjustments. The following policy is being proposed.
PURPOSE
The purpose of this policy is to establish steps that ensure the collection, use, disclosure and protection
of individuals' social security numbers in compliance with the Identity Protection Act, 5 ILCS 179/1 et
seq. To protect against identity theft, this policy will define the ways social security numbers can and
cannot be used and will limit access to social security numbers.
RED FLAG RULES
The Fair and Accurate Credit Transactions Act of 2003 (FACT Act) required certain financial institutions
and creditors with "covered accounts" to prepare, adopt, and implement an identity theft prevention
program to identify, detect, respond to and mitigate patterns, practices or specific activities which could
indicate identity theft. The City of Canton ("City") maintains utility accounts (water, sewer, garbage)
that involve multiple payments or transactions and these accounts are "covered accounts" within the
meaning of the FACT Act. In order to comply with the obligations of the FACT Act, the City of Canton
approved an Identity Theft Prevention Program via Ordinance No. 1968 on April 7, 2009. As adopted,
the Program only applied to utility accounts. This identity protection policy is not intended to replace,
but may supplement the Identity Theft Prevention Program.
POLICY STATEMENT
This policy with regard to the collection, use, disclosure, and protection of individuals' social security
numbers is intended to comply with the Identity Protection Act, 5 ILCS 179/1 et.seq.
I. Prohibited Activities:
A. No officer or employee of the City shall do any of the following:
1. Intentionally communicate or otherwise intentionally make available to the general
public, in any manner, an individual's social security number;
2. Print an individual's social security number on any card required for the individual to
access products or services provided by the City;
3. Require an individual to transmit his or her social security number over the Internet,
unless the connection is secure or the social security number is encrypted;
4. Print an individual's social security number on any materials that are mailed to the
individual, through the U.S. Postal Service, any private mail service, and electronic mail
or any similar method of delivery, unless State or Federal law requires the social security
number to be on the document to be mailed. Notwithstanding any provision in this
subsection to the contrary, social security numbers may be included in applications and
forms sent by mail, including but not limited to any material mailed in connection with
administration of the Unemployment Insurance Act, any material mailed in connection
with any tax administered by the Illinois Department of revenue, and documents sent as
part of an application or enrollment process or to establish, amend or terminate an
account, contract, or policy, or to confirm the accuracy of the social security number. A
social security number that may permissibly be mailed under this subsection may not be
printed, in whole or in part, on a postcard or other mailer that does not require an
envelope, or be visible on an envelope without the envelope having been opened.
B. Except as otherwise provided in this Policy, no officer or employee of the City shall do any
of the following:
1. Collect, use, or disclose a social security number from an individual unless:
a. Required to do so under state or federal law, rules or regulations, or the collection,
use or disclosure of the social security number is otherwise necessary for the
performance of that officer's or employee's duties and responsibilities;
b. The need and purpose for the social security number is documented before
collection of the social security number; and
c. The social security number collected is relevant to the documented need and
purpose.
2. Require an individual to use his or her social security number to access an Internet
website.
3. Use the social security number of an individual for any purpose other than the purpose
for which it was collected.
C. The prohibitions in subsection B, above, do not apply in the following circumstances:
1. The disclosure of social security numbers to agents, employees, contractors, or
subcontractors of the City, or disclosure to another governmental entity or its agents,
employees, contractors, or subcontractors, if disclosure is necessary in order for the City
to perform its duties and responsibilities; and, if disclosing to a contractor or
subcontractor, prior to such disclosure, the officer or employee of the City must first
receive from the contractor or subcontractor a copy of the contractor's or
subcontractor's policy that sets forth how the requirements imposed under this policy
of the City, to protect an individual's social security number, will be achieved.
2. The disclosure of social security numbers pursuant to a court order, warrant, or
subpoena.
3. The collection, use, or disclosure of social security numbers in order to ensure the safety
of:
a. City employees;
b. Persons committed to correctional facilities, local jails, and other law enforcement
facilities or retention centers;
c. Wards of the State; and
d. All persons working in or visiting a City facility.
4. The collection, use, or disclosure of social security numbers for internal verification or
administrative purposes.
5. The collection or use of social security numbers to investigate or prevent fraud, to
conduct background checks, to collect a debt, to obtain a credit report from a consumer
reporting agency under the Federal Fair Credit Reporting Act, to undertake any
permissible purpose that is enumerated under the Federal Gramm Leach Bliley Act
(Financial Services Modernization Act of 1999), or to locate a missing person, a lost
relative, or a person who is due a benefit, such as a pension benefit or an unclaimed
property benefit.
D. Any previously adopted standards of the City, for the collection, use, or disclosure of social
security numbers, that are stricter than the standards under this Policy with respect to the
protection of those social security numbers, shall, in the event of any conflict with the
provisions of this Policy, control.
II. Public Inspection and Copying of Documents:
Notwithstanding any other provision of this Policy to the contrary, all officers and
employees of the City must comply with the provisions of any other State law with respect
to allowing the public inspection and copying of information or documents containing all or
any portion of any individual's social security number. All officers and employees of the City
must redact social security numbers from the information or documents before allowing the
public inspection or copying of the information or documents, as such information is exempt
from disclosure under the Freedom of Information Act, pursuant to 5 ILCS 140/7(1)(b) as
"private information", as defined by 5 ILCS 140.2(c)(5).
III. Applicability:
A. This Policy does not apply to the collection, use, or disclosure of a social security
number as required by State or Federal law, rule, or regulation.
B. This Policy does not apply to documents that are required to be open to the public
under any State or Federal law, rule, or regulation, applicable case law, Supreme Court
Rule, or the Constitution of the State of Illinois.
IV. Compliance with Federal Law:
If a Federal law takes effect requiring any Federal agency to establish a national unique
patient health identifier program, the City's compliance with said program shall not be
deemed a violation of this Policy or the Act.
V. Embedded Social Security Numbers:
No officer or employee of the City may encode or embed a social security number in or on a
card or document, including but not limited to using a bar code, chip, magnetic strip, RFID
technology or other technology, in place of removing the social security number as required
by this Policy.
VI. Identity Protection Requirements:
A. All officers and employees of the City, identified as having access to social security
numbers in the course of performing their duties, shall receive training in regard to
protecting the confidentiality of social security numbers. Said training shall include
instructions on the proper handling of information that contains social security numbers
from the time of collection through the destruction of the information.
B. Only officers and employees of the City who are required to use or handle information
or documents that contain social security numbers shall have access to such information
or documents.
C. Social security numbers requested form an individual shall be provided in a manner that
makes the social security number easily redacted if required to be released as part of a
public records request.
D. When collecting a social security number, or upon request by the individual providing
the social security number, a statement of the purpose or purposes for which the city is
collecting and using the social security number shall be provided.
E. A written copy of this Policy and any amendments thereto, shall be filed with the City
Clerk immediately upon approval of this Policy or any amendments thereto.
F. The City Attorney shall make sure that all officers and employees of the City are aware
of the existence of this Policy, and shall make a copy of this Policy available to each
officer and employee. If the City amends this Policy, then the City Attorney shall advise
all officers and employees of the City of this existence of the amended Policy, shall make
a copy of the amended Policy available to each officer and employee of the City, and
shall file a copy of the amended Policy with the City Clerk.
G. The City shall make this Policy available to any member of the public, upon request.
VII. Violation:
Any person who intentionally violates the prohibitions in Section 10 of the Act (which are set
forth in Sections I.A. and I.B. of this Policy) shall, pursuant to the Act, be guilty of a Class B
misdemeanor.
VIII. This Policy does not supersede any more restrictive law, rule, or regulation regarding the
collection, use, or disclosure of social security numbers.
Motion and second were made by Fritz/Pickel to approve the policy and send to Council for
consideration.
The motion carried by voice vote and was unanimous.
TRAC EQUIPMENT PAVED AREA REQUEST
City Administrator Jim Snider explained that Trac Equipment is constructing a new building at the
Industrial Park and they are faced with the responsibility of a paved parking lot. This situation previously
came up with Canton Crop service when they did not want to have to pave the area. The Council limited
the requirement to a small area dealing with the office staff and the entrance to the main building. Trac
Equipment is looking at the same approval.
Keith Plavec explained that by City ordinance these areas should be paved. A sketch was prepared by
Trac Equipment that illustrates their request. The area where the cars sit would be concrete. Previously
the City did not necessarily enforce the code when new businesses would come into town
The revolving loan committee met today with a request for a loan in the amount of $11,500.00 at 3.0%
interest for five years to help pay for the project. This will be brought back to Council for further
discussion
Attorney Peterson explained that the off street parking code can be found under title 10 chapter 14 for
off street parking. Letter E discusses what the required surfaces are. This was updated in July 2008.
The engineer at that time reviewed IDOT standards. Attorney Peterson suggested revising letter E that
states "All required parking". (10-14-2). This has not been revised since 1976 where it states " One
parking space per two employees". The IDOT standards have probably changed since 1976.
Motion and second were made by Aldermen Fritz/Pickel to send the request to Council for
consideration.
The motion carried by voice vote and was unanimous.
DISCU55. CONSIDER AND VOTE ON RELEASE OF LIEN AT 143 EAST SPRUCE STREET
Attorney Peterson explained that a request for a release of a mortgage at 143 in the amount of
$11,000.00 was made by Haley Timmons. This originated in the early 1980's as part of the City's home
repair mortgage program-- prior to the CDAP grants. The City was asked to check into the condition of
the home. The City's building inspector/planning and zoning director inspected the home. John
indicated that he does have some concerns with the foundation of the home. The brick foundation
showed some significant inward bowing in several areas. Based upon the condition of the home, this
could become a house that the city would be dealing with on a code enforcement issue in a few years. .
The recommendation at last committee was to approve the release of the mortgage.
The Timmon's explained that they would like to see what type of repairs need to be done on the house
and then make a determination on if the cost of the repairs is worth the investment. If the repairs are
too expensive the house might need to be torn down.
Further discussion took place regarding the condition of the home. Alderman Ellis asked if he could
inspect the foundation himself, and bring further information back for review.
This will be placed on next week's agenda for further discussion.
POLITICAL SIGNS
Alderman Fritz explained that the political signs that are now being placed on terraces needs to be
better enforced. The current ordinance states that political signs should not be placed on the terrace.
The signs need to be placed in the yards rather than on the terrace.
Community & Industrial Development
Alderman Jeremy Pasley, Chairman
UPDATE FROM MISSY TOWERY SRPED EXECUTIVE DIRECTOR
GENERAL ECONOMIC DEVELOPMENT POINTS
RETAIL/COMMERCIAL/INDUSTRIAL DEVELOPMENT
o Continued working with person getting ready to open a bakery on South Main and connected her
to the Illinois Small Business Development Center
o Theater Project
o Prepared for and attended 336 meeting with area legislators
o Phone conversation with gentlemen interested in lots at the Industrial Park
BUSINESS DEVEOPMENT, ATTRACTION AND SUPPORT
m Met with Robin Tonkin, Assistant Superintendent, to discuss results for what local employers are
looking for
~ Attended the Business and Financial Resources workshop sponsored by DCEO
0 Attended the Success Workshop hosted by the Western Illinois Regional Council and the Economic
Development
Administration
~ Phone conversation with developer Preferred Companies asking about available spaces in our area
TOURISM REPORT
o Please see the reverse for a report from Dana Smith.
CANTON MAIN STREET
o Prepared for and attended CMS board meeting
0 Attended Canton's Got Talent fundraiser meeting
~ Attended downtown signage meeting
OTHER
o Continued work on Chamber related duties
o Participated in the Fulton County Steering Committee
o Met with Economic Development Director of Havana-Ron Hills
o Audit work
o Canton high school presentation
o Provided training to newly hired Chamber Director Susan Miller
SPOON RIVER THEATER GROUP PRESENTATION
Missy Towery explained that the Spoon River Group provided the City with the following
recommendations.
The recommendation is that the developer Kurt Huber be engaged in the process and
complete an inspection of the Garden Theater. A complete review of the process will be
provided to the City and the Spoon River Partnership. It would be requested that the City
pay for the cost of the inspection up to $15,000.00. The second piece of the
recommendation is to have contact with the owner to negotiate the price of the building and
the business. The last part of the recommendation is for the full theater group to discuss
the size of the theater and the balcony. This information would be provided to Kurt Huber
to prepare final numbers.
Motion and second were made by Aldermen Pasley/West to have Kurt Huber proceed with the scope of
work and not exceed $12,000.00
The motion carried by voice vote and was unanimous.
SNOWMAN STUDIO CONSULTING AND LOGO DEVELOPMENT
City Engineer Keith Plavec explained that the street signage committee was to figure out the street
signage for the downtown area, the lighting in the alley, and the curbing in the parking lots. The logo is
the next phase. The Snowman's provided over 100 hours to the project. The Snowman's will assist the
City with the logo. The City wants to purchase the logo and use it however they want. The fee to
release the rights to the work is $5,000.00. The City previously discussed different logos including the
water tower logo. This is not the City logo but instead it would be the logo for the downtown area. This
logo would be incorporated into parking signs and street signs in the downtown area.
Alderman Schenck stated that a lot of discussion and ideas came out of the committee. This is a very
worthwhile investment, but it would be important to note that the City would have all legal rights to the
logo, so if the City wants to use just part of the logo into a sign the City would be able to do so. The
structure of the agreement should spell out a variety of file formats that can be used for signs and
printing material. The intent is once the City has the sign , bids could be sent out to various signing
companies.
The City would like to draft an agreement with the Snowman's in the amount of $5,000.00
In previous months discussion it was mentioned that the school could possibly design the logo. The
signage committee researched the options and brought back the suggestion. Alderman Nelson
suggested getting other people involved in the community.
Motion and second were made by Aldermen Pasley/Pickel to approve the 5,000.00 with a draft
agreement.
The motion carried by voice vote and was unanimous.
Negotiations, Grievance & Personnel
Alderman Dave Pickel, Chairman
ADJOURNMENT
Motion and second were made by Aldermen Pickel/Hartford to adjourn without the need of executive
session.
Diana Pavley
City Clerk