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HomeMy WebLinkAbout04-21-09 Canton City Council Meeting Minutes (2)The City of Canton City Council meeting was held on April 21, 2009 in Council Chambers at 50 North 4t" Avenue, Canton, Illinois. The meeting began with the Pledge of Allegiance, followed with the Invocation given by City Clerk Nancy Whites. Mayor Kevin R. Meade asked for roll call at 6:30 p.m. Present -Aldermen Eric Schenck, Joe Berardi, Larry Sarff, Craig West, Jerry Ellis, Pamela Ihnes, Jason Strandberg. Absent -Alderman Sonya Lewis. Those also attending the meeting -Mayor Kevin R. Meade, City Clerk Nancy Whites, City Treasurer Aaron Anderson, City Attorney Chrissie Peterson, Police Chief Dan Taylor, Fire Chief Bonnie Cremer, City Engineer Keith Plavec from Maurer Stutz Inc., Public Works Director Clif O'Brien, Water Treatment Plant Supt. Greg Pollitt, System Maintenance Supt. Bill Terry, Street Supt. George Spahn, Deputy Clerk/Human Resource Diana Tucker, Video Services by Joe Ginger. In the audience those attending was SRPED Executive Director Mark Rothert, Jim Hartford -Alderman elect from the first ward, Missy Towery Chamber Director, Dyna Smith office manager, Phil Fleming, Cliff Sagaser, Jorge Rivero, Lee Puelo came in at 6:40 p.m. and news media of Larry Eskridge from Daily Ledger, Mark Bixler from WBYS Radio, Kevin Sampler from the Journal Star, Stacey Creasy from The Democrat. CONSENT AGENDA Minutes of Council Meeting held on April 8, 2009 Minutes of Clerical Committee meeting held on April 14, 2009 Alderman Sarff made the motion to accept the Consent Agenda and be placed on file, and was duly seconded by Alderman Ihnes. The motion was by unanimous voice vote. BILLS. Alderman Ellis made the motion to pay all bills that have been presented for payment, and was duly seconded by Alderman West. Roll call. AYES- Aldermen Stranberg, Ihnes, Ellis, West, Sarff, Berardi, Schenck. NAYS -None. 7 AYES, 0 NAYS, 1 ABSENT. Motion carried. 1 TREASURER'S REPORT. Alderman Sarff made the motion to approve of the Treasurer's Report, and was duly seconded by Alderman Strandberg. The motion was by unanimous voice vote. COMMITTEE REPORTS Finance. Council Action Long-Term Control Plan WWTP Flow Metering Bid Results. Keith Plavec mentioned of receiving one bidder from Leander Construction for $219,900.00 with engineer's estimate of $200,000. This will be with Gasvoda supplying equipment for collector system at the east and west facility. Alderman Strandberg made the motion to approve of the Long-term Control Plan Flow Metering from Leander Construction in the amount of $219,900.00, and was duly seconded by Alderman Sarff. Roll call. AYES -Aldermen Schenck, Berardi, Sarff, West, Ellis, Ihnes, Strandberg. NAYS -None. 7 AYES, 0 NAYS, 0 ABSENT. Motion carried. White Court & Pine Street Sidwalk Improvements from Kemper Construction in the amount of $12,300.66. Alderman Strandberg made the motion to accept the bid from Kemper Construction in the amount of $12,300.66 for the White Court & Pine Street Sidewalk Improvements, and was duly seconded by Alderman West. Roll call. AYES -Aldermen Strandberg, Ihnes, Ellis, West, Sarff, Berardi, Schenck. NAYS - None. 7 AYES, 0 NAYS, 1 ABSENT. Motion carried. Legal & Ordinance. Council Action None. Community & Industrial Development. z Council Action WIRC Grant Administration Development Contract of $5,000.00. Alderman Ihnes made the motion to approve of the payment in the amount of $5,000.00 for WIRC Grant Administration Development Contract. Roll call. AYES -Aldermen Schenck, Berardi, Sarff, West, Ellis, Ihnes, Strandberg. NAYS -None. 7 AYES, 0 NAYS, 1 ABSENT. Motion carried. Hotel/Motel Tax Request of (Multi-Request Package). Alderman Ihnes made the motion to approve of the request using Hotel/Motel Tax funds for Multi-request, and was duly seconded by Alderman Ellis. Discussion. Alderman Ihnes reported that this is a 3 year projection, if the City approves this it will be for this coming fiscal year only. Alderman Sarff said the $15,000 is there for the part-time person and it's for doing for one year to see if it works. Alderman Schenck made amendment to the motion by having the city offering one sponsorship to the Illinois River Road National Scenic Byway fun cruise and fundraising event for May 6, 2009 on the Spirit of Peoria from the Hotel/Motel Tax Funds, and was duly seconded by Alderman Strandberg. Discussion. Alderman Schenck mentioned this is just getting off the ground and the city will be a gateway community for a Kiosk in downtown Canton Roll call. AYES - Aldermen Strandberg, Ihnes, Ellis, West, Sarff, Berardi, Schenck. NAYS -None. 7 AYES, 0 NAYS, 1 ABSENT. Motion carried. Roll call for approving the Hotel/Motel Tax request for Multi Package. AYES - Aldermen Schenck, Berardi, Sarff, West, Ellis, Ihnes, Strandberg. NAYS -None. 7 AYES, 0 NAYS, 1 ABSENT. Motion carried. Health Insurance Proposal. Deputy Clerk/Human Resource Coordinator Diana Tucker said that the proposal came in and Rick Semonis worked with the City's Insurance Committee and recommended Blue/Cross Blue Shield. This is a 4-tier plan with % million dollar savings. The meeting for all city employees and spouses, retirees, park district and library employees are encouraged to attend from 2:30 p.m. or the 3:30 p.m. session at the Donaldson Center and Rick Semonis will answer any questions. 3 Alderman Sarff asked if Health Alliance will extend the contract we have with them now? Diana Tucker answered they will extend on May 1 until the end of June this year. Mayor Kevin R. Meade said this will be on the Mechanical Committee meeting next week. COMMUNICATIONS FROM MAYOR KEVIN R. MEADE - Fire Hydrant request. Public Works Director Clif O'Brien said the city has received funds from damage to one our fire hydrants and the fund now has $17,986.00 total. Clif would like to have the treasurer put these funds back in hydrant fund as this would allow the purchase of 11 new fire hydrants. Alderman Strandberg made the motion to allow the city treasurer to make the necessary transfer of funds for fire hydrants, and was duly seconded by Alderman Ihnes. The motion was by unanimous voice vote. Alderman Berardi request for the City to pay for his legal defense of criminal trespass charges. Alderman Joe Berardi commented that I don't think it's any surprise of what happened. Everybody is aware of what happened. But, and I 'm not going to try this attempt at the City Council meeting, accept I will alert the City there are some circumstances I think that will be brought up. And also there are some precedence that where as two come to mind, the City defending a former mayor. I'm not sure what the cost is but I do know what the cost is for the attempt to negotiate, or whatever the words you want to use here. And the attorney to defend the IEPA charges against WWTP Supt. Joe Carruthers. I don't know if they are charges or accusations. And the city paid which is to the tune of $98,000. I think there is some thought here that I wasn't performing a duty as an alderman and I was trespassing in an area that way thought to be off limits to an alderman or to anybody else in the city. I don't know how they can distinguish that an alderman cannot be in that office, but you can have employees that aren't elected to do a job in that office. And then say I'm criminally trespassing. First, the call was not about criminal trespassing. The call, I'm not sure who made the call. Chief can you tell me? Police Chief Dan Taylor told Alderman Berardi, I can't discuss it Alderman Berardi I've spoken with John Clark the states attorney, and he requested I'm not to discuss it since it's a pending criminal case. 4 Alderman Berardi said, so you can't dissolve who called you? Police Chief Dan Taylor, answered - no! Alderman Berardi said, well, I can dissolve it, and the chief of police told me, and it might be on tape, and it was Diana Tucker. So that's number one. First, if you saw the tape, and that was one of the reasons for taping it was to make sure we had accurate information. And the other thing, I want to bring to everybody's attention, I was acting as an representative of the city, and I was acting in the capacity as an alderman, which does not have any hour of time tagged on it. The place in question is, you say was a private office. The city attorney Chrissie Peterson then stated to Police Chief Dan Taylor, Dan, you've been instructed from the states attorney not to say anything and I'm going to reintegrate those comments. Alderman Berardi said, well, that's fine that is all on tape and you can go and watch this and see the comments. My comment will be for the public and that room as you mentioned on the tape was the woman Pat Wright who does the Police & Fire Pensions. And I'm also the chairman of the Public Safety & Traffic committee which comes under, or oversees the Police and Fire Commission, not the commission, the department. So, I have a letter from the attorney general stating, (it's several years old), I have every right to every bit of information to do my duty. Chrissie Peterson has a copy of it, and so I don't see how I cannot have assist or if I wanted assist to anything in there, I could be denied to start with. Number two. That office, there is no way to get to John Favorita office nor the treasurer's office, so you can't lock the door and unlock it, because there's no way to get to those two people unless they made an appointment. I'm given you a little background. The reason I was there on March 31St, it was posted in the paper the budget will be available for inspection. That was on a Tuesday. I had several calls asking or telling me the budget was not available. So I called on Friday to the mayor's secretary and she told me John Favorita had 13 copies of that budget. I called John Favorita and he asked me, do you want one copy? And I said yes, I'll be down to get one. And 10 minute later before I get to the door he said you can't have one. Well, I never take no for an answer until I find out why I'm being turned down. And I don't want to hear it on the phone. And some of my past experience where I've experienced attempts to have me arrested, one being lifting a manhole, or at least the effort. So I decided I did not want to get into he said, she said. And I ask my lovely wife who everybody knows 5 she is the Jekyll/Hyde part of the family. But she did go down and decided to tape, because I wanted to know exact information of he said, she said. So what I'm saying is that the circumstances is this...you pay for the past mayor's defense, and your paying for Joe Carruthers lawyer right now and the defense of EPA violations of $200,000. I see no difference, when I went down to see why that budget was not available for the public. And the Budget was not available from Tuesday to Monday to the public. Alderman Berardi ask Alderman Strandberg if he had a budget? Alderman Strandberg commented that he went to get one and was told could not get one yet. And then Alderman Berardi asked City Treasurer Aaron Anderson if he had a Budget when he asked for one and Aaron answered that he got the same answer as Jason. Alderman Berardi said he tried to get the budget out there to the public. Since the meeting was Wednesday. I was doing my duty. So I'm saying I was doing my duty. And I think the chief made a mistake. And I'm asking for the city to pay for my fine. City Attorney Chrissie Peterson said to Alderman Berardi, if that's your request...Alderman Berardi interrupted and said to Chrissie...your out of order. And Chrissie Peterson said she was not. Mayor Kevin R. Meade gaveled once and remarked whoa, whoa, whoa, whoa. Mayor Kevin R. Meade then said I'm chairing this meeting and the Roberts Rules of Order makes the determination of who speaks. Alderman Berardi said you can ask her to speak but she can't join in this conversation. She knows that as well as anybody. Chrissie Peterson then said to Alderman Berardi, in your best interest I'm trying to counsel you. Alderman Berardi said, I don't want your counsel. I don't want your counsel so just stop it right there. I'll hire my own counsel. Chrissie said, okay! Chrissie said Mr. Mayor I would like the record to request I'm trying to counsel Alderman Berardi. That for him to propose that the city enter into a contract, he would indirectly be financial beneficiary of the city hiring him legal counsel. That is a conflict of interest both under the Illinois Statute and the Case law. He choose not to take my advise and he can discuss it with his own private counsel. But I would like the record to clearly reflect that he has been advised though by the city's attorney. Mayor Kevin R. Meade thanked Chrissie. Alderman Berardi said I would like the record to reflect that she is out of order, and she knows she's out of order. She was not asked to speak. And by all means I 6 don't want her counseling me. Chrissie answered, I have no intentions Alderman Berardi. Mayor Kevin R. Meade said to get this on the floor we need a motion and second. Alderman Strandberg made the motion to pay Alderman Berardi's fine, and was duly seconded by Alderman Ihnes. Discussion. Alderman Strandberg said I guess my thought is go in there, you'll see if they are going to continue with the case. I'm assuming you'll plead not guilty to it. You'll have to get an attorney. My thought is if you find your rights were violated because you were doing this in the capacity of your job, and that you were arrested for not good reasons, not legal reasons. The city would probably be responsible for that if found that you were not acting. I can't see how the city could pay for that. I don't know if we can even vote on this right now. Alderman Sarff asked for the city attorney to give her opinion. Chrissie Peterson said one option you will generally refer to, if the city would choose to defend it under what an insurance company would call "reservations of right." That if Alderman Berardi was found not guilty and the judge specifically found he was acting in course of his official capacity, then the city could pick-up his legal defense. Mayor Kevin R. Meade said your opinions of merits of paying for this as it stands this evening? Chrissie Peterson the city attorney said Alderman Berardi has referenced a couple of other situations and both of those individuals were named in their official capacity. I certainly understand, and I do not disagree. He came to city hall to seek official information. Information he was certainly entitled to. However, this does not mean you can use any means to obtain that information. I agree with the attorney general has told him and the city as well, he is entitled to any information that he needs to act in his official capacity. But again, I don't know if that justify that any means you take to obtain that information. I do not believe the statute and the case law necessarily supports the council. Voluntary legal counsel in this case, as he was charged with a criminal charge. If it was more a civil matter, would be different. In this case I do not believe the city is obligated to provide that. But if they chose to under the scenario Alderman Strandberg suggested, this is certainly a responsibility. Alderman Schenck said if that's the case we don't need to pass a motion. I see no reason to support this at this time. The problem as I see it, arose when Alderman Berardi didn't follow directions of our chief of police. Most 6 year-old kids and anybody watching TV at night knows you don't do what the policeman tells you to do you're potentially into trouble. And that to me is what this issue is. I'm not going to vote in support of this. If anything I would make a motion to ask the state attorney to drop the charges if that is all possible, and that is because I'm tired of these shenanigans. I think our community is tired of Alderman Berardi shenanigans and I would like to see this end. Alderman Sarff said he would support that position as it's a waste of tax payers money and the courts time. City Attorney Chrissie Peterson we can place that request. If the states attorney choice is not to abide by that request he would be in his complete authority not to. Roll call on paying Alderman Berardi's legal fees. AYES -Alderman Berardi. NAYS -Aldermen Strandberg, Ihnes, Ellis, West, Sarff, Berardi, Schenck. 6 AYES, 1 NAY, 1 ABSENT. Motion defeated. Alderman Schenck made the motion to direct the city attorney to ask the states attorney to drop the charges against Alderman Berardi, was duly seconded by Alderman Strandberg. Roll call. AYES -Aldermen Schenck, Sarff, West, Ellis, Ihnes, Strandberg. NAYS -Alderman Berardi. 6 AYES, 1 NAY, 1 ABSENT. Motion carried. Keith Plavec from Maurer Stutz Inc. and city engineer reported that two companies, Kemper Construction and Foose Construction, for quotes to complete improvements to the fire department parking lot entrance on the east side of the building. The work consisted of the following items: Item 1 -Install and compact 4" of CA-6; Furnish and install 10" of concrete with reinforcement. Item 2- Install and compact 4" of CA-6; Furnish and install 6" of concrete with reinforcement. s The following quotes were obtained: Item 1: Kemper: $19,264.00 ($64/sy) Greg Foose: $13,394.50 ($44.50/sy) Item 2: Kemper: $11,880.00 ($60/sy) Greg Foose: $6,237.00 ($31.50/sy) The City will supply CA-6 to the site and will also be completing the removal items. Engineer's estimate $33,500.00. Will be on the Mechanical Committee meeting for April 28. Mayor Kevin R. Meade said we talked about a city administrator last week. I want to hold off until the Budget is passed. I will send each of you a potential advertisement. Mayor Kevin R. Meade said there was a full house here for bidders on the Cook Project in the IH site. They will be back on April 28t". And construction plan to start is May 15, 2009. OLD BUSINESS: ORDINANCE - AMENDING CHAPTER 8 (INTOXICATING LIQUORS) OF THE CANTON MUNICIPAL CODE TO CREATE GOLF COURSE LICENSE. Second reading, read by title. Alderman West made the motion to place the ordinance on its passage, and was duly seconded by Alderman Strandberg. Roll call. AYES - Aldermen Strandberg, Ihnes, Ellis, West, Sarff, Berardi, Schenck. NAYS -None. 7 AYES, 0 NAYS, 1 ABSENT. Motion carried. Ordinance being #1970. 9 ORDINANCE -AMENDING AND SUPPLEMENTING CHAPTER 10 (TAXICABS) OF ARTICLE 3 (BUSINESS REGULATIONS) PROVIDING FOR LOCATIONS OF TAXICABS STANDS. Second reading, read by title. Aldermen Ellis made the motion the ordinance be placed on its passage, and was duly seconded by Alderman Strandberg. Roll call. AYES -Aldermen Schenck, Berardi, Sarff, West, Ellis, Ihnes, Strandberg. NAYS -None. 7 AYES, 0 NAYS, 1 ABSENT. Motion carried. Ordinance being #1971. ORDINANCE -AMENDING CAMPING FEES FOR LAKE CANTON PER SECTION 8-11- 7-5 (A)(2)(a). Second reading, read by title. Aldermen Schenck made the motion the ordinance be placed on its passage, and was duly seconded by Alderman Sarff. Roll call. AYES -Aldermen Strandberg, Ihnes, Ellis, West, Sarff, Berardi, Schenck. NAYS -None. 7 AYES, -NAYS, 1 ABSENT. Motion carried. Ordinance #1972. ORDINANCE -ADOPTING THE ANNUAL BUDGET. Second reading, read by title. Mayor Kevin R. Meade commented that cuts made last week totaled $700,000 which is a significant feat. Alderman Schenck asked if they could have a list of everything that was cut. Mayor Kevin R. Meade said would be in the aldermen' packet next week. NEW BUSINESS: ORDINANCE - GRANTING A SPECIAL USE PERMIT FOR A HOME OCCUPATION, TO ALLOW PHOTO STUDIO IN HOME LOCATION AT 56 SOUTH AVENUE B, FOR ANGELA JO OAKMAN. First reading, read by title. RESOLUTION - APPROVING AN ECONOMIC DEVELOPMENT SERVICES AGREEMENT BETWEEN THE SRPED AND THE CITY OF CANTON. First reading, read by title. Alderman Strandberg made the motion the resolution be adopted, and was duly seconded by Alderman West. Roll call. AYES -Aldermen Schenck, Berardi, Sarff, West, Ellis, Ihnes, Strandberg. NAYS -None. 7 AYES, 0 NAYS, 1 ABSENT. Motion carried. Resolution being #3881. RESOLUTION - URGING PASSAGE OF A COMPREHENSIVE CAPITAL INFRASTRUCTURE PROGRAM. First reading, read by title. Alderman Schenck made the motion the resolution be adopted, and was duly seconded by Alderman Zo Strandberg. The motion was by unanimous voice vote. Resolution being #3882. MEETING RECESSED. Alderman Strandberg made the motion to recess the council meeting until April 28, 2009 at 6:30 p.m. at the Historic Depot. 50 North 4t" Avenue, and was duly seconded by Alderman Ellis. The motion was by unanimous voice vote. The executive session was not held. The Council meeting ended at 7:15 p.m. Nancy Whites, City Clerk APPROVED: Kevin R. Meade, Mayor 11