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HomeMy WebLinkAbout05-03-2011 council Minutes (1) A regular meeting of the Canton City Council was held on May 3, 2011 at 6:30 p.m. in the Council Chambers at the Historic Depot, Donald E. Edwards Way, formerly 50 North 4th Avenue, Canton, Illinois, (1 ST meeting) PLEDGE OF ALLEGIANCE OPENED THE MEETING FOLLOWED BY THE INVOCATION GNEN BY THE PASTOR OF GRACE LUTHERAN CHURCH Mayor Kevin Meade asked for roll call at 6:30 p.m. Aldermen Present: West, Sarff, Reed, Schenck, Hartford, Pickel, Rivero, Ellis Staff in attendance: City Treasurer Aaron Anderson, City Attorney Chrissie Peterson, City Administrator Jim Snider, Mayor Kevin Meade, City Clerk Diana Tucker, WTP Supt. Greg Pollitt, WWTP Supt. Joe Carruthers, Public Works Director Clif O'Brien, Interim Fire Chief Ernie Russell, ESDA director Phil Flemin,comptroller Caty Campbell, City Enginer Keith Plavec Media in attendance: Daily Ledger John Froehling, Democrat Stacey Creasy, Video Services Joe Ginger, Others in the audience: George Spahn, Clark Wilson, Linda Wilson, Dan Oaks, Firefighter Jay Smith, Alderman Elect Jeffrey Fritz, Michael Marinich, Assistant Chief Tom Shubert, John Hardin, Alderman Elect Justin Nelson, Marshall Black, Nancy Mackey, Drake Wilson, Brandon and Liam Sarff, Kathy Sarff, Karen Campbell, Jeri O'Brien Media Present: Canton Daily Ledger John Froehling, Democrat Stacey Creasy, Roll Call: Ayes:Aldermen West, Sarff, Reed, Schenck, Hartford, Pickel, Rivero, Ellis Nays: None Absent: None CONSENT AGENDA: MINUTES OF COUNCIL MEETING APRIL 19, 2011 MINUTES OF THE MECHANICAL COMMITTEE MEETING HELD APRIL 26, 2011 Motion and second was made by Aldermen Hartford/Pickel to approve the minutes. The motion carried by voice vote and was unanimous 1 PUBLIC PARTICIPATION Karen Campbell-Truancy I am writing to you in regards to the proposed changes to the current truancy/daytime curfew ordinance. I have already spoken with my alderman, Mr. Ellis and with Mayor Meade, who encouraged me to share my concerns with the entire council. I have lived in Canton for 27 years and during this time have homeschooled our six children, all of whom are now grown. I currently teach a public speaking class to a group of homeschooled students. I am quite concerned about not only the changes to the ordinance but the original ordinance itself and am requesting that it be repealed. According to Illinois law, home schools are not defined in their own category; they are considered to be private schools. There is no mandatory registration for homeschoolers though there have been many attempts to do so, most recently in the Illinois Senate in February of this year. That legislation was dead in committee after much debate and the testimony of a truancy officer who testified that he considered homeschoolers to be truant if they were not registered. His suggestions for how he would examine those he suspected of truancy were unreasonable and some of them violated the constitutional rights of private citizens as well as Illinois law. Not being able to pass this into law, there is a current trend for some within educational departments to come in the back door to force homeschoolers to register through local means. Truancy ordinances at municipal and county levels are being proposed or cities with them in place are being asked to expand them. Though I do not believe anyone on this council is targeting homeschoolers, I do believe the ramifications of a city truancy ordinance place undue burdens on private citizens who are trying to go about their business without bothering anyone. There are endless reasons why homeschooling families are being placed at risk by this ordinance. Many participate in dual enrollment and begin college studies when they are 16. Others have jobs where they work part of the day and often ride bikes to work. Many 16 and 17 year olds drive younger siblings to activities, some school related and some not. When my children were in their mid teens they would have been in violation of your current ordinance most days of the week. Should these young people be considered to be lawbreakers and have the threat of fines or a bench trial to prove their legitimacy hanging over their heads? There are even reports in some other communities with these ordinances where young homeschooled children playing in their own yards during local school district hours were suspect and questioned by police officers! It has been suggested that homeschoolers register for and carry ID's showing that they are, indeed, homeschooled. This is not acceptable because it requires registration. If homeschoolers were called to prove they were not truant, what would that entail? The burden of proof that someone not registered with the Canton school system is breaking the law is on the police officers or prosecutors. I hardly believe our city or county authorities relish the idea of trying to interpret standards that the state legislature hasn't even been able to write or place into law. 2 I was also thinking about those students who might come to Canton on days when their own school districts are not in session. Are they under suspicion of being truant because they don't attend schools within the Canton school district? What about students from private schools other than home schools? The burden to enforce the truancy code as mandated by the state should be placed on parents and the public schools that have access to all attendance records. If necessary, why not distribute pictures of truant students to police officers rather than singling out anyone who is within the compulsory attendance age law, which is 7 to 17 in Illinois? Please note that this current legislative session attempted to raise that age limit to 18 years of age but couldn't get it even passed out of the Senate. Your proposed ordinance change goes beyond the law. I believe that it is also important to note that the 7t" Court of Appeals has ruled that these sorts of ordinances, including the one currently in the code, violate the 1St amendment. (http://caselaw.findlaw.com/us-th-circuit/1420264.htm1) I have no suggestions as to how to word any ordinance in a way that would protect the freedoms of homeschoolers and believe that the only way to avoid these problems is to repeal the truancy ordinance and pursue other means for addressing the problems of public school students who are violating the laws. COMMITTEE REPORTS: Public Safety & Traffic- Alderman Hartford, Chairman Staff and Command Request Motion and second were made by Aldermen Hartford/Reed to accept the request for $3500.00 The motion carried by voice vote and was unanimous. Fire Chief Assessment Center City Administrator Jim Snider explained this is the process to hire a professional fire chief Motion and second were made by Aldermen Hartford/Pickel to accept the assessment center in the amount of $2400.00 The motion carried. Ayes:Aldermen West, Sarff, Reed, Schenck, Hartford, Pickel, Rivero, Ellis Nays: None Absent: None 3 Streets & Garbage. Nothing for council action. Lake, Buildings & Grounds- Alderman Reed, Chairman Nothing for council action. Public Works, Water & Sewer- Alderman Ellis, Chairman WWTP Secondary Clarifiers Application for Payment No. 7 in the amount of $88,489.43 from Leander Construction, Inc. Motion and second were made by Aldermen Ellis/Hartford to approve the request. The motion carried. Ayes:Aldermen West, Sarff, Reed, Schenck, Hartford, Pickel, Rivero, Ellis Nays: None Absent: None The motion carried. Residential Demolition Estimates: Chuck Kinsel Trucking & Excavating & Accurate Site Specialists The demolition is for property located at 456 South Avenue B and 408 Johnson Court Canton. Motion and second were made by Aldermen Ellis/West to approve the request in the amount of $15,500.00 The motion carried. Ayes:Aldermen West, Sarff, Reed, Schenck, Hartford, Pickel, Rivero, Ellis Nays: None Absent: None 4 The motion carried. Enterprise Drive Culvert Application for Payment No. 1 in the amount of $80,412.03 from Otto Baum, Inc. Motion and second were made by Aldermen Ellis/Hartford to approve the request. The motion carried. Ayes:Aldermen West, Sarff, Reed, Schenck, Hartford, Pickel, Rivero, Ellis Nays: None Absent: None The motion carried. 3rd Avenue Extension Application for Payment No. 7 from Otto Baum, Inc. (Keith will bring to meeting) Keith Plavec explained the amount $184,476.90 funding between TIF, EDA and DCO. The project is 80% complete at the time of the pay request. Motion and second were made by Aldermen Ellis/Pickel to approve the request. The motion carried. Ayes:Aldermen West, Sarff, Reed, Schenck, Hartford, Pickel, Rivero, Ellis Nays: None Absent: None The motion carried. Water Main Replacement along East Side Square Keith Plavec explained this project in the amount of $56,000.00 is for the water main and $18,000.00 is for the street lighting. The total cost is $74000.00 from the TIF fund. Motion and second were made by Aldermen Ellis/Hartford to approve the request. The motion carried. 5 Ayes:Aldermen West, Sarff, Reed, Schenck, Hartford, Pickel, Rivero, Ellis Nays: None Absent: None The motion carried. Communication from Mayor Bright Spot Award Mayor Meade issued the bright spot award to Rick and Linda Creemens at 338 West Elm Street for the colorful garden. Recognition Mayor Meade explained that Alderman Reed was re-elected as Alderman during the last election. Alderman Reed will take his seat at the second meeting; however will resign his position tomorrow. A new alderman will be appointed to fill the remainder of the term. Mayor Meade recognized Alderman Rivero for his appointment to Aldermen in 2009. Alderman Rivero has brought a different outlook and opinions to the Council. Mayor Meade recognized Alderman Sarff . Alderman Sarff was appointed on October 31, 1981 and has served the City for the longest capacity as alderman. Mayor Meade presented Alderman Sarff with a brick from the original Harvester factory since he was in the building during his employment at Harvest. A brick from the new medical facility was also given to Aldertnan Sarff to represent the future. Alderman Sarff thanked the people in ward two and the people in the community. Alderman Sarff will have many memories that he will never forget. The Council will continue to strive to improve the lives of the people in the city of Canton. Mayor Meade recognized Public Works Directar Clif O'Brien Clif started working for the city in May 1976 in the meter department and then moved in the garbage department. Clif worked his way up to Public Works Director. Mayor thanked Clif O'Brien for 35 years of service to the City of Canton. Clif O'Brien gave special thanks to his family and staff for the support they gave over the years. 6 OLD BUSINESS: AN ORDINANCE AMENDING CHAPTER 20 (TRUANCY) OF TITLE 6(POLICE REGULATIONS) OF THE CANTON MUNICIPAL CODE) 2ND READING Attorney Peterson explained that the truancy ordinance has been in place since 1999. The concerns are well over the home schooling and Attorney Peterson suggested holding the ordinance over for two weeks to allow more time for review and discussion. Motion and second were made by Alderman Ellis/Hartford to hold the ordinance over for two weeks. The motion carried. AN ORDINANCE AMENDING CHAPTER 11 (LAKE CANTON) OF TITLE 8(PUBLIC WAYS AND PROPERTY) 2ND READING Ordinance # 2032 Motion and second were made by Alderman Reed/Ellis to approve the ordinance. Roll Call: Ayes: Alderman West, Sarff, Reed, Schenck, Hartford, Pickel, Rivero, Ellis Nays: None Absent: None The motion carried. NEW BUSINESS MOTION - SINE & DIE. Motion and second were made by Aldermen Hartford/Ellis to sine & die. Voice vote, motion carried unanimously. The regular scheduled council meeting adjourned at 6:58 p.m. ~ iana Tucker, City er 7 APPROVED: Kevin R. Meade 8