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HomeMy WebLinkAbout08-21-01 Canton City Council151 A regular meeting of the Canton City Council was held on August 21, 2001 in council chambers at the Historic Depot 50 North 4th Avenue, Canton, Illinois. PLEDGE OF ALLEGIANCE OPENED THE MEETING FOLLOWED BY THE INVOCATION GIVEN BY NANCY WHITES, CITY CLERK. Mayor Jerry Bohler asked for roll call at 6:30 P.M. Present -Aldermen Bob Molleck, Jim Hartford, Larry Sarff, Craig West, David Nidiffer, Kevin Meade, JoAnne Shores, Mary Fillingham. Absent -None. MINUTES OF AUGUST 21, 2001. Motion by Aldermen Molleck/Hartford, the minutes of AUGUST 21, 2001 be accepted and placed on file. Voice vote, motion carried unanimously. BILLS FOR JULY. Motion by Aldermen Hartford/Sarff, all bills be approved that was presented. Roll call. AYES -Aldermen Fillingham, Shores, Meade, Nidiffer, West, Sarff, Hartford, Molleck. NAYS -None. 8 AYES, 0 NAYS, 0 ABSENT. Motion carried. A bill in the amount of $5,625.00 to Western Illinois Regional Council for the Water Survey Grant was approved in the bills for July. COMMITTEE REPORTS: Finance. Council Action Motion by Aldermen Hartford/Sarff, to approve the quote from John Stanko Fire Chief, to the Fulton County Emergency Medical Association for a box ambulance. Roll call. AYES -Aldermen Molleck, Hartford, Sarff, West, Nidiffer, Meade, Shores, Fillingham. NAYS -None. 8 AYES, 0 NAYS, 0 ABSENT. Motion carried. Motion by Aldermen Hartford/Nidiffer, to approve Crawford, Murphy & Tilly firm to complete the revisions to the sludge holding tank drawings for the construction that was done in 1995 at the water plant, not to exceed $1,360 for the required revisions by the IEPA. Roll call. AYES -Aldermen Fillingham, Shores, Meade, Nidiffer, West, Sarff, Hartford, Molleck. NAYS -None. 8 AYES, 0 NAYS, 0 ABSENT. Motion carried. Motion by Aldermen Hartford/Molleck, to accept CT Innovations for a turnkey approach with installation and plans for cabling for voice and data, data infrastructure, Internet access, new phone system, and they will move the current computers and set them up in the new location at 2 North Main at a cost of $49,677.71. Discussion. Alderman Meade raised the question of why we did not go out for bid on a $50,000 expenditure? Harlan Banister stated that Phillips & Associates were asked to fmd someone to write a series of specifications. Phillips & Associates told Harlan that know one writes specifications. The committee was wise in who wanted to present quotes. Alderman Meade asked, who was the technical expert on the committee? Harlan Banister commented that no one was an technical expert. Alderman Meade said what he was just being cautions about was that someone present is advising us that what they are telling us is correct? Pamela Smith, mayor's secretary answered Alderman 152 Page 2 Continued 8-21-01 you have to go out for bid on $5,000. We don't have anyone telling us who advised the committee. Mayor Bohler interrupted Alderman Meade at this time and said, he wanted to stop this if he may. This committee was formed well over a month ago. If you were here, I'm sure you approved of the committee. At no time were any of the questions brought up at that time. We checked with the city attorney Ron Weber, and everything was legal and all specifications were met. I don't want to drag this on. We have a motion and we have a second. Alderman Meade interjected, I have some more questions, your honor! Mayor Bohler said, well we're going to call it to a vote. Roll call! Alderman Meade stated angrily, how can you cut off discussion on this when I'm not fmished asking my questions. This is a council to discuss things, this is not a dictatorship. I have more questions I'd like to ask. I'm questioning the legality of what we are doing here. I believe you need a motion from the floor and majority vote. Is it wrong to ask questions about a $50,000 no bid contract!? Mayor Bohler said, no Alderman Meade, it's not wrong, but I know what you're doing, but go ahead ask your questions. Alderman Meade, why did we not advertise for proposals? If we did not accept bids, why not in the paper? I don't question the motive, I question the procedure that was followed, legally we have a procedure here. The law says we take the lowest and best bid. If the committee says this is the best, I trust them. Was this just word of mouth of who would bid? Mayor Bohler commented, everyone was contacted, there was no phone company to my knowledge left out. Alderman Meade, there was one company that was told it was too late to make a proposal. Pam Smith, mayor's secretary responded, the committee had met with 7 companies and had to have a cut off date so the building could get started. Alderman Meade, did we advertise a cut off date? Pamela Smith, the committee chose a cut off date and did not advertise. Alderman Meade, I appreciate the work the committee did. I don't want to be misunderstood, but we're talking about state law. We're talking about a procedure which it says a bid of $50,000 has to be a bid contract. Deciding not to bid is one of about two reasons, either you couldn't get specifications, or you didn't want to go to the trouble getting specifications. I'm not sure which! Harlan Banister stated, the committee did a superb job in this area. And we were told this company came in too late and could not do the whole job. Mayor Bohler said, we also received a legal opinion, so lets ask for the question. Alderman Meade asked, are we in legal jeopardy of a company not allowing to submit a proposal before the committee's deadline? Pamela Smith responded, the phone company could not get their proposal in before the deadline. And Pam said she let them know the time frame. The 7 phone companies came and listened to our needs, then came back to discuss their proposals. Does that help you!? Alderman Meade, it does, but it still is the fact I cannot believe we did not follow procedure and feels we are on shaky ground if we pass this tonight. We have opened ourselves to legal law suits from any number of people, because we did not follow procedures. Alderman Sarff asked, we have a motion on the floor to accept the proposal, would ask for a legal opinion the proper motion to waive the bid requirement before voting on the proposal. City Attorney Ron Weber said this would be an appropriate step to address some of Alderman Meade's concerns. I believe that there are acceptances within the bidding that provides for these types of acceptance of specialty items, when your dealing with items that do not lend themselves well to specifications, or determining where your going to advertise. If we would advertise, certainly a technical person could help us. There also is the matter of moving forward and a matter of a building being completed. I believe they made a good faith effort on contacting the appropriate people, ._~.] ___~__1.~ ~_a L._ __~__~~ ~_L7_ .l ._l ~a7~._ aL:_ A ~.] ._ ~_i]_~ a_ _______._ ~1 ,_ L],.1 .. :.. ._~ 153 Page 3 Continued 8-21-01 format of accepting offers from people was the appropriate way to proceed here. Alderman Shores remarked that she thought that after the committee received the specifications, the council would go out for bids. Alderman Meade said, he did not see this as a specialty item as there are companies out there, 4 or less, that can write specifications. And we choose not to do it! Alderman Sarff reviewed the proposals and stated the amounts of a117 companies with Pamela Smith. Alderman Meade commented, that he was not questioning the committee's work, their diligent's, the company that was selected, their sincerity, just the procedure. They did not follow the laws on bid process of advertising, and for accepting bid proposals. We do it this way, or we don't do it at all! If you waive bids you have to have valid reasons. I do not question the sincerity of the way of what you did. We did not follow the law in the bidding process, we did not advertise for bids or proposals. It was a good faith effort, but the law does not say good faith, you do it this way or you don't do it! Roll call. AYES -Aldermen Molleck, Hartford, Sarff, West, Nidiffer, Fillingham. NAYS -Aldermen Meade, Shores. 6 AYES, 2 NAYS, 0 ABSENT. Motion carried. Motion by Alderman Molleclc/Hartford, to accept the quote from CT Innovations in the amount of $49,677.71 for a new phone system at 2 North Main Street, soon to be the new city halVpolice station. Roll call. AYES -Aldermen Fillingham, Nidiffer, West, Sarff, Hartford, Molleck. NAYS -Aldermen Shores, Meade. 6 AYES, 2 NAYS, 0 ABSENT. Motion carried. Motion by Aldermen Hartford/Shores, to enter into a contract with US Cellular fortheir proposed calling plan of cell phones for $665 per month immediately due to the safety concerns of the police department. Discussion. Alderman Meade asked, who all was contacted besides Verizon and US Cellular? Pamela Smith responded, US Cellular and Verizon. Alderman Meade said Nextell wants to send in a proposal. Alderman Sarff wanted to know if we have signed the agreement with US Cellular? Mayor Bohler said the contracts were not signed. Alderman Sarff felt he had the same call as Alderman Meade that another company wants to make a proposal. Alderman Sarff said it is not too late to go out for bids. Pamela Smith reminded the council that the quote from US Cellular was mentioned in committee. Ron Weber city attorney, stated they could submit a new bid if they chose to do so. Alderman Sarff said that Nextel complained they were not contacted. Alderman Meade, if we follow procedure and advertise we won't have these problems. If they don't respond that's their problem. We have a procedure in place and we should follow that procedure. Alderman Molleck said this is not the first time we have purchased phones. How did we do it before? Alderman Meade said we don't have to go out for bids, just proposals. I don't know what we did before! Alderman Molleck asked, then what are you worried about now? Alderman Meade, because a company has complained and we have opened ourselves up to questions by not following procedures, and not letting them to bring a proposal. My only concern is to follow the right procedure. Harlan Banister commented that I have listened to this argument for about a half hour. Harlan mentioned you should buy quality, service and price. Roll call. AYES -Aldermen Molleck, Hartford, West, Nidiffer, Shores, Fillingham. NAYS -Aldermen Sarff, Meade. 6 AYES, 2 NAYS, 0 ABSENT. Motion carried. Motion by Aldermen Hartford/Sarff, to approve the renewal of the annual subscription for the "American Heat" video training series for the fire department __ «.. _~____~ ..r en~c n_i~ ....ii AVrr ,-u,....,....._ L~:11:.,.,_L.,..... rt..._,.,. ~,r,.,.a.. 1~4 Page 4 Continued 8-21-01 Motion by Aldermen Hartford/Molleck, to approve of the annual NAIER membership fee in the amount of $575. Roll call. AYES -Aldermen Fillingham, Shores, Meade, Nidiffer, West, Sarff, Hartford, Molleck. NAYS -None. 8 AYES, 0 NAYS, 0 ABSENT. Motion carried. Motion by Aldermen Hartford/Sarff, to approve the expenditure of $3,700 fora 200- amp box for outside electricity at the Historic Depot to help benefit the Scenic Drive vendors. Roll call. AYES -Aldermen Molleck, Hartford, Sarff, West, Nidiffer, Meade, Shores, Fillingham. NAYS -None. 8 AYES, 0 NAYS 0 ABSENT. Motion carried. Motion by Aldermen Hartford/West, to allow for a new gas monitor for $1,060 which is required for compliance with the confined spaces safety requirements. Roll call. AYES -Aldermen Fillingham, Shores, Meade, Nidiffer, West, Sarff, Hartford, Molleck. NAYS -None. 8 AYES, 0 NAYS, 0 ABSENT. Motion carried. Motion by Aldermen Hartford/Molleck, to award the sludge removal bid to Merrell Brothers, Inc. at a cost of $44,880 for the Water Treatment Plant. Roll call. AYES - Aldermen Molleck, Hartford, Sarff, West, Nidiffer, Meade, Shores, Fillingham. NAYS - None. 8 AYES, 0 NAYS, 0 ABSENT. Motion carried. Legal & Ordinance. Couucil Action None. Community & Industrial Development. Council Action Motion by Aldermen West/Nidiffer, to allow the use of the Historic Depot for the Motorioway Tour on October 8~h. Voice vote, motion carried. Informational. Mayor Bohler explained the request of The Creekwood Company Developers from Washington, Il who have purchased 27 residential lots north of Ingersoll Manor, that will be addressed at the next clerical committee. This will be discussed more in depth at that time. Negotiations, Grievance & Personnel. Council Action None. COMUNICATIONS FROM MAYOR BOHLER. Mayor Bohler congratulated Maurer Stutz on their ground breaking for a new office. Mayor Bohler would like for all information needed on agendas for committee and council to be in before 3:00 P.M. the Friday before the Tuesday's meeting. Items can 155 Page 5 Continued 8-21-01 None. NEW BUSINESS: ORDINANCE - GRANTING A SPECIAL USE/HOME OCCUPATION PERMIT FOR THE OPERATION OF AUTOMOTIVE DETAILING BUSINESS AT 680 NORTH 9TH AVENUE, CANTON, ILLINOIS TO WILLIAM DANIEL WEAVER. First reading, read by title. John Potter represented the Weaver's and spoke to council. The business does not involve the washing of vehicles, and there will be one vehicle at a time. Planning & Zoning passed the request unanimously. ORDINANCE -REZONING CERTAIN PROPERTY OWNED BY ILLINOIS CONGREGATION OF JEHOVAH'S WITNESSES, AN ILLINOIS NOT-FOR- PROFIT CORPORATION AND BEING PURCHASED BY FULTON-MASON CRISIS SERVICE FROM AN R-2 ZONING CONFIGURATION TO AN R-4 ZONING CONFIGURATION AND AN ORDINANCE TO ALLOW A SPECIAL USE PERMIT. First reading, read by title. Alderman Shores mentioned that the Planning & Zoning gave this request a unanimous vote. Alderman Shores was concerned about the traffic in the area. Chris Walters attorney for the crisis center mentioned that about 3-5 cars an hour will be using the facility. Chris was requesting the waiving of the second reading. Motion by Aldermen Nidiffer/Meade, to suspend the rules to place the ordinance on its passage. Discussion. Alderman Nidiffer said the traffic was not an issue to him, he was leaning towards suspension of the rules as they are wanting to close on the purchasing of the building on August 27. Chris Walters also mentioned that the neighbors had been contacted personally or by letter. Roll call. AYES -Aldermen Fillingham, Shores, Meade, Nidiffer, West, Sarff, Hartford, Molleck. NAYS -None. 8 AYES, 0 NAYS, 0 ABSENT. Motion carried. Motion by Aldermen Nidiffer/Molleck, to place the ordinance on its passage. Roll call. AYES -Aldermen Molleck, Hartford, Sarff, West, Nidiffer, Meade, Shores, Fillingham. NAYS -None. 8 AYES, 0 NAYS, 0 ABSENT. Motion carried. Ordinance #1703. ADJOURNMENT. Motion by Aldermen Hartford/Molleck, to adjourn. Voice vote, motion carried unanimously. The regular scheduled council meeting adjourned at 7:31 P.M. d~ ', ~ / C~~~,~C c ~ ~~, Nancy Wh' es, City Clerk ~;: • TTT A~7TT