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HomeMy WebLinkAbout01-21-2020 Council Minutes City of Canton Council Meeting The Donald Edwards Way (Historic Depot) Canton 11 61520 January 21, 2020 6:30PM A regular meeting of the Council meeting was held on January 21, 2020 (6:30pm) in the Council Chambers,The Donald E. Edwards Way-50 North 4th Avenue, Canton, Illinois 61520. STAFF IN ATTENDANCE Mayor Kent McDowell, Attorney Chris Jump, City Clerk Diana Pavley Rock, Treasurer Crystal Wilkinson, Public Safety Director Richard Fairburn, System Maintenance Superintendent Dash Wilson, Street, Superintendent Ron Robinson , Utility Director Joe Carruthers, Comptroller Beka Schultz (Clifton Larson) MEDIA IN ATTENDANCE: Daily Ledger, Fulton Democrat VIDEO SERVICES BY JOE GINGER PLEDGE OF ALLEGIANCE OPENED THE MEETING INVOCATION -Mayor Kent McDowell PUBLIC PARTICIPATION ROLL CALL Yes No Absent Alderman Justin X Nelson Alderwoman X Lingenfelter Alderman Fritz X Alderwoman Hale X Alderman West X Alderman Lovell X Alderman Quin X Mayhew Alderman Ryan X Mayhew The motion carried. ADDITIONS OR CORRECTIONS TO THE AGENDA Alderman Justin Nelson asked to strike item#3 from his agenda. CONSENT AGENDA APPROVAL OF THE COUNCIL MEETING MINUTES HELD JANUARY 7, 2020 BILL LIST NOVEMBER TREASURER'S REPORT NOVEMBER DISBURSEMENTS POLICE AND FIRE PENSION ACTURIAL REPORT POLICE REPORT FIRE REPORT PUBLIC WORKS REPORT GREENWOOD CEMETERY REPORT Motion and second were made by Aldermen West/Nelson to approve the consent agenda. The motion carried by voice vote and was unanimous. COMMITTEE REPORTS: FINANCE ALDERMAN RYAN MAYHEW, CHAIRMAN LEGAL AND ORDINANCE ALDERMAN CRAIG WEST,CHAIRMAN DISCUSS, CONSIDER AND VOTE ON A RESOLUTION TO APPROVE A LETTER OF ENGAGEMENT BETWEEN THE CITY OF CANTON AND ICE MILLER #5221 Bernardi Security requested follow-up documentation and needed a letter of engagement between the City of Canton and Ice Miller. The attorney fees for the bond counsel will get paid out of the bond. Motion and second were made by Aldermen West/Nelson to approve the resolution for a letter of engagement between the City of Canton and Ice Miller. ROLL CALL Yes No Absent Alderman Justin X Nelson Alderwoman X Lingenfelter Alderman Fritz X Alderwoman Hale X Alderman West X Alderman Lovell X Alderman Quin X Mayhew Alderman Ryan X Mayhew The motion carried NEGOTIATIONS, GRIEVANCE & PERSONNEL ALDERMAN JUSTIN NELSON, CHAIRMAN DISCUSS, CONSIDER AND VOTE ON AN ORDINANCE MODIFYING CHAPTER 28 (SEXUAL HARASSMENT) OF TITLE 1 OF THE CITY CODE OF THE CITY OF CANTON (1ST READING) #4179 Attorney Jump distributed a copy of the ordinance with the revisions. The statutory definition of sexual harassment was incorporated into the proposed ordinance. The ordinance also has the appropriate language on who employees can report to. The City is now required to provide annual training at least once per year. The language for annual training is now incorporated into the ordinance. The City is also required on an annual basis in the event of any adverse judgements or administrative ruling are issued against the City, the City must report these on an annual basis. The City Clerk has been designated as the person that will report this to the Illinois Department of Human Rights. There will be another change that will need to be incorporated before July. The City will need to be planning and thinking about what the City wants to do regarding elected official reporting sexual harassment against another elected official—and who the person would report to. The statute is vague. Attorney Jump said he wants to see what other municipalities are doing or if there is any guidance that comes out on this. The City will see if IML provides a model policy in the next few months. Motion and second were made by Aldermen Nelson/Quin Mayhew to waive the first reading of the ordinance. ROLL CALL Yes No Absent Alderman Justin X Nelson Alderwoman X Lingenfelter Alderman Fritz X Alderwoman Hale X Alderman West X Alderman Lovell X Alderman Quin X Mayhew Alderman Ryan X Mayhew The motion carried. Motion and second were made by Aldermen Nelson/West to approve the ordinance and place it on file. ROLL CALL Yes No Absent Alderman Justin X Nelson Alderwoman X Lingenfelter Alderman Fritz X Alderwoman Hale X Alderman West X Alderman Lovell X Alderman Quin X Mayhew Alderman Ryan X Mayhew The motion carried. f DISCUSS, CONSIDER AND VOTE ON A RESOLUTION APPROVING AN UPDATED DRUG POLICY FOR THE CITY OF CANTON Attorney Jump explained that previously a question came up regarding the impact on the insurance premium in the event the City would decide to be lax on allowing certain employees to use marijuana off duty. City Clerk Pavley Rock contacted the insurance company and was told that there would not be an increase in premiums as a result. The City will need to decide on a policy. The current policy has not been updated in several years. Attorney Jump said he is asking for direction on how to update the policy. The revised law now allows the employer to regulate off duty use of. recreational cannabis for certain employees. The police department operate under a separate drug policy that is part of their collective bargaining agreement. Everyone else operates under a different policy. Attorney Jump said there are a lot of overlapping laws that come into play. Alderman Ryan Mayhew said he believes the City is a little early in trying to update the policy and should wait. Attorney Jump said the law does provide standards on what to look for in the drug tests. IF a person were to test positive, the technology may not yet be good enough to say they were under the influence at that point, or if the had used at another point. Attorney Jump said that certain employees are subject to DOT federal standards. These employees are subject to random testing. Alderman Ryan Mayhew said he feels the City should wait and see what other municipalities are doing. This will be brought back to a future meeting for further discussion. COMMUNITY& INDUSTRIAL DEVELOPMENT ALDERMAN JOHN LOVELL, CHAIRMAN DISCUSS, CONSIDER AND VOTE ON A SPECIAL EVENT REQUEST AND ROAD CLOSURE FOR THE RED DOG WALK/RUN ON APRIL 18, 2020 A request was submitted for the Red Dog Walk/Run to be held on April 18, 2020 and includes a road closure. This is a repeat event. A certificate of insurance was submitted with the request. Motion and second were made by Aldermen Lovell/Ryan Mayhew to approve the request for the Red Dog walk/run to be held on April 18, 2020. ROLL CALL Yes No Absent Alderman Justin X Nelson Aider X Lingenfelter Alderman Fritz X Alderwoman Hale X Alderman West X Alderman Lovell X Alderman Quin X Mayhew Alderman Ryan X Mayhew The motion carried. PUBLIC WORKS, WATER AND SEWER ALDERWOMAN ANGIE LINGENFELTER, CHAIRMAN PUBLIC SAFETY AND TRAFFIC ALDERWOMAN ANGELA HALE, CHAIRMAN DISCUSS, CONSIDER AND VOTE ON THE 911 CENTER REIMBURSEMENT FUNDING The City would receive $50,000.00 per year in 911 center cost reimbursement funding of ETSB. The cost would need to be paid yearly in the amount of $12,500.00. The remaining funds would be split between police and fire department to be used for public safety. Public Safety Director Richard Fairburn explained that the state rules on the 911 center and funding has dramatically changed. The city will be testing on a new radio system for all of the law enforcement in the county—called Star Com. This was created with Motorola and the state police approximately 20 years ago--this is being paid for by 911. Part of the other changes now prohibit them for paying for software. The $12,500.00 annually is used for the report writing system for the police department.They are allowed to reimburse the cost of the 911 center. The City should immediately receive the funds for the first two years--- so the City should receive$100,000.00, then it will continue at $50,000.00 each year after. Public Safety Director Richard Fairburn said he would recommend setting up a.special account for the money. The City already knows they have the one demand every year for the software. The proposal would be to then look at the police and fire to see what type of needs they have for that year. Any expenditure would come to the council for approval. Alderman Justin Nelson asked if the funds are restricted. Public Safety Director Richard Fairburn explained that the money is reimbursing the cost of the 911 center and can be used. for public safety. Alderman Justin Nelson said that he believes the City needs to create a depreciation fund for the fire vehicles. These vehicles are very expensive, and the City has very little in a fund for the purchase of new vehicles. Alderman Quin Mayhew agreed that both police and fire should have depreciation funds for new vehicles. Mayor McDowell said that if a fund is setup for public safety these funds could still be used for vehicles but it would not be restricted to just vehicles. The fund to be setup would be a pubic safety fund and the income would be the check received from the 911 funds. Motion and second were made by Alderman Hale/Ryan Mayhew to approve a special fund for the interest of public safety for the ETSB reimbursement to go in. Further discussion took place regarding establishing deprecation funds for the police and fire department. Alderman Quin Mayhew said he believes the City is missing an opportunity to get a depreciation fund for public works started. Amended motion and second were made by Aldermen Hale/Ryan Mayhew to divide the proceeds between the police and fire depreciation account equally after the software expense is taken out. ROLL CALL Yes No Absent Alderman Justin X Nelson Alderwoman . X Lingenfelter Alderman Fritz X Alderwoman Hale X Alderman West X Alderman Lovell X Alderman Quin X Mayhew Alderman Ryan X Mayhew The motion carried. STREETS AND GARBAGE ALDERMAN JEFF FRITZ,CHAIRMAN LAKE, BUILDINGS AND GROUNDS ALDERMAN QUIN MAYHEW, CHAIRMAN DISCUSS GUIDELINES FOR GREENWOOD CEMETERY Alderman Quin Mayhew explained that recent discussion took place with the Henderson family and the second right of interment. The City has received five separate requests recently and the sexton is needing direction from the council on how to proceed. The City will need to decide if all requests will need to be brought to council or what policy will be implemented. The issue being questioned is the second right of interment for people with contracts before 2015. Prior to 2015 there was no check box on the contract that would allow for second right of interments. A change took place in 2015 that inserted a check box that would allow someone to allow second right of interment on the contract when it was signed. Kyle Jansen (Sexton) explained that he is having people come in that is wanting to have second interments on contracts that were signed prior to 2015. These older contracts did not have a space that would indicate that a second interment would be allowed. If the person that purchased the plot is passed away there is not anything that would show that it was the wish of the person that purchased the plot to have a second interment. Attorney Jump said his legal opinion is the same as it was the first time. Attorney Jump said that if someone wants to modify a contract, the most appropriate way to do it would be to have a judge make the determination. Some believe our contracts are vague- so the judge could then make that determination. Attorney Jump said he believes you can't modify a contract in this situation. Attorney Jump said he does not believe the Council should be making the determination if the contract can be modified, but instead should be left up to a judge. If one of the parties is still living that purchased a plot before 2015,that person could come to the cemetery to modify the contract if their desire is to allow a second interment. Attorney Jump said the City could ask a judge to intervene. Alderman Lovell explained that prior to 2015 some people were allowed to have a second interment. The City.put a stop to this practice and then required people to check a box if they wished to allow second interments when the contract was signed. Attorney Jump explained that this was not always an issue, but has become more prevalent since cremations have become more prevalent over the last few years. The City's last three attorneys gave the same advice to this issue. Mayor McDowell said the issue is contractual law and does not feel the council can change a contract after it is signed. MAYOR COMMUNICATION Recognition: • The staff for their work on the streets during the recent snowstorm. • Employees at the WTP for their work in cleaning up the facility OLD BUSINESS NEW BUSINESS ADJOURNMENT i Motion and second were made by Alderman Nelson/Quin Mayhew to adjourn without the need of executive session. The motion carried by voice vote and was unanimous. Mayor Kent McDowell City Clerk Diana Pavley Rock