CLERICAL COMMITTEE
Tuesday, September 12, 2006 – 6:30 p.m.
Historic Depot 50 North 4th Avenue, Canton, Il
Those Aldermen in attendance – Joe Berardi, Jim Hartford, Craig West, Larry Sarff, Kevin Meade, Les Carl, Eric Schenck, Rick Reed. Absent – None.
Others in attendance – Mayor Rodney Heinze, City Clerk Nancy Whites, City Treasurer Kathy Luker, City Attorney Chrissie Peterson, Public Works Director Clif O’Brien, Police Chief Jeffery Fritz, Fire Chief John Stanko, Wastewater Treatment Plant Supt. Joe Carruthers, Water Treatment Plant Supt. Greg Pollitt, Zoning Officer Clark Wilson, Keith Plavec from Maurer Stutz Inc., Street Supt. George Spahn, SRPED Mark Rothert, and Joe Ginger video services. In audience – Daily Ledger John Froehling, Journal Star Andrea Frampton, numerous parents and kids on the subject of skateboarding, Nathan Brandon and wife.
Finance
Alderman Les Carl
Bills. Motion and second by Aldermen Meade/Sarff, to send the bills to council, and having copies of Vandewalle & Associates bills, and not paying two bills of Maurer Stutz Inc. until paper work has been received from Enviromark on a sludge project being performed at the present time. (Those two bills are general engineering for $1,607.56 and WWTP Sludge Removal $446.25.) Alderman Berardi said the city would be receiving from the Illinois EPA a fine for 13 violations that occurred in the last 12 months. So why should we pay Maurer Stutz Inc. for the city receiving 13 violations? Public Works Director Clif O’Brien said he does not know that the City will be receiving violations of 13. We will be receiving a notice from IEPA, but it has not been received yet.
Keith Plavec from Maurer Stutz Inc. said we will need then from the City to have the work we are to perform in writing. Voice vote, motion carried unanimously.
Treasurer’s Report. City Treasurer Kathy Luker said the revenues are still positive for the year. The contingency fund is almost depleted under the General Fund. The Health Care Fund has a negative balance of $119,000. Kathy said she notified the Insurance Committee chairman, and the
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committee will have to decide how to proceed. Bell, Boyd & Lloyd is listed under the general fund for payment as the TIF has a balance of only $4,000. Kathy said she would be showing that next week under the TIF account. You can make the decision next week on how to pay Bell, Boyd & Lloyd as the TIF fund does not have enough funds. Alderman Berardi mentioned that the 4A EnterprisePark balance is $186,291.47. Isn’t it true if we don’t use those funds, they have to be paid back to the taxing bodies? City Attorney Chrissie Peterson said that the auditors for the city will tell us a portion of that money will be refunded by the end of the calendar year. Alderman Schenck wanted to know where some additional funds would come from, as Clif O’Brien mentioned last week that the Telecommunication Tax could be used for infrastructure. Kathy said she could give a past history of how much funds she has received from the Telecommunication Tax. She cautioned that some of the Telecommunication Tax goes into the general fund. And something would have to be done to change this before funds could be used. Motion and second by Aldermen Meade/Sarff refer to council for their consideration. Voice vote, motion carried unanimously.
Budget Report. City Treasurer Kathy Luker reported that in July 2006, it was voted upon to accept the General Fund depreciation accounts. The amounts available for these funds is $245,000.00. Submitted by each department are as follows:
Fire Dept.$100,000.00
Street Dept.$ 95,000.00
Buildings & Grounds$ 20,000.00
Police Dept.$ 60,000.00
Total$273,000.00
This was over budgeted amount that was allowed, so she made the following recommendation:
Option #1
Lowering each by their percentage of the total amount
Fire Dept.$89,800.00
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Street Dept.$85,200.00
Building & Grounds$18,000.00
Police Dept.$52,000.00
Total $245,000.00
Option #2
Flat amounts as follows:
Fire Dept.$90,000.00
Street Dept.$85,000.00
Building & Grounds$18,000.00
Police Dept.$52,000.00
Total $245,000.00
Motion and second by Aldermen Sarff/Meade, to accept Option #1 for a new depreciation account under the General Fund. Voice vote, motion carried unanimously.
Investment Policy Revision For City Treasurer. Alderman Carl remarked that correspondence from City Attorney Chrissie Peterson had mentioned that the City Treasurer was in compliance.Alderman Carl made the following recommendation:
To have a monthly report, (State Statute requires quarterly)
Any investment over million dollars would require
Mayor, City Clerk and Finance Chairman to approve the transfer.
Alderman Berardi thought the words “within the City of Canton” should be added. He said he did not approve investing $145,000 in a bank in Farmington. Alderman Carl remarked they were paying more interest than any other community offered. Alderman Berardi said lets keep our money in town, I would imagine our banks would match that. Lets try any way. Alderman Carl said I would raise a question if we should limit to Canton, and if we could do that?
Motion and second by Aldermen Sarff/Meade, to accept the committee chairman’s recommendation. Voice vote, motion carried unanimously.
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Flow Monitoring & Sampling Equipment at 11thMyrtle Street. Motion and second by Aldermen Sarff/Meade, to approve of Joe Carruthers reviewing the options, prices, checking out new technology, and to bring back prices. Voice vote, motion carried unanimously.
Pay Request # 2 for the Kilroy Sewage Pumping Station. Keith Plavec from Maurer Stutz Inc. reported that the firm was hired to do the construction administration observation. This is a pay request in the amount of $156,412.38. That is holding 10% retention on completed work and 25% on filled material as well. Making good progress, and the schedule is on track. Currently working on the access chamber and clear well. The total project was $l.7 million. Motion and second by Aldermen Meade/Sarff, to refer to council for their consideration. Voice vote, motion carried unanimously.
Water Treatment Plant Sludge Removal & Disposal Bid Results. Keith Plavec said one bid was received and that was Merrell Brothers at $78,448.00. They worked for the City before and have done great work and they are a very responsible contractor. The funds will come from the Water Treatment Plant budget. Motion and second by Aldermen Sarff/West, to accept bid from Merrell Brothers in the amount of $78,448.00 for sludge removal & disposal, refer to council for their consideration. Discussion. Alderman Berardi ask about the company’s permit. Keith said there present permit expires October 31, 2006. They are in contact with IEPA for renewal of the permit and so are we. They have to show us the new permit and the work does not begin until after October 31. Voice vote, motion carried unanimously.
WWTP Sludge Removal & Disposal for pay request #3 Enviromark. Keith Plavec from Maurer Stutz Inc. received this pay request in the amount of $89,336.03. You will notice that I have not signed the request nor has Wastewater Supt Joe Carruthers. This is because of the paper work not submitted, and the problems with IEPA as well. We all agree we should receive paper work before payment is issued. This would conclude their
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sludge removal and disposal portion. There original contract price is $244,890.00.
IH Fence Removal & Replacement Bid Results. Motion and second by Aldermen Meade/Sarff, to open the bids. Voice vote, motion carried unanimously.
Bidders: Chain link 6’ Solid Board C. Check
Security Fence Co. $21,171.32 $17,988.65$2,171.32
Hohulin Brothers$24,640.00 $23,736.00$2,464.00
Motion and second by Aldermen Sarff/West, refer to staff for their consideration and referral to council. Discussion. Alderman Carl mentioned that there was a balance in the IH TIF of $4,000.00. We need to consider taking from the contingency fund for the balance. City Treasurer Kathy Luker said there would be only about $5,000 left in contingency from the General Fund. Alderman Carl stated, then where would the funds come from? Alderman Berardi asked about using the reserve funds? City Treasurer Kathy Luker said we will have to amend the budget, and funds we take from TIF will have to pay back. Keith Plavec said the bids are good for 45 days. Voice vote, motion carried unanimously.
Fire Department Renovation. John Stanko said the renovation takes in the living space, not the dormitory or the bath rooms. The Foreign Fire Tax graciously has offered $26,000 for this project. Our request from the council is $6,000 for electrical and plumbing in the entire project area. This would improve the value of the building.
Alderman Berardi stated he is against doing this, and you can wait one more year, and take Foreign Fire Tax funds to complete your project. As we need to use the $6,000 for what has been discussed here tonight.
Motion and second by Aldermen Meade/West, to offer $6,000 to complete the renovation at the Fire Department building and refer to council for their consideration. Discussion. Alderman Schenck encouraged the Finance Committee to sit down with the department heads and work with them to making cuts in our priority’s. Alderman Berardi said this is not representing the best interest of the City. Mayor Heinze said, the department heads have already had cut backs in their budgets at the very beginning. And now we
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are asking them to be penalized because we did not do enough. Voice vote, one nay from Alderman Sarff. Motion carried.
The Finance Committee adjourned at 7:48 p.m.
Legal & Ordinance
Alderman Craig West, Chairman
No Parking on South Avenue C. Motion and second by Alderman Carl/Meade, follow the recommendation by Police Department to allow for one side of the street between East Elm and West Pine on South Avenue C for No Parking. Voice vote, motion carried, unanimously.
City Attorney Chrissie Peterson to give update. Chrissie Peterson ask if anyone had some questions to ask of her. Alderman Schenck stated we were checking on the status of revising the alcoholic ordinance to incorporate the state law. This should then be sent to the Legal & Ordinance committee. Chrissie Peterson commented that the mayor and chief of police were working together to do some revisions to the ordinance. As soon as they have a draft Chrissie said she will look at it and then she will provide her input and comments.
Alderman Berardi asked when are we going to have an update on the IH TIF site? Chrissie Peterson said there was one given out earlier. Alderman Berardi asked when was the last time Bell, Boyd & Lloyd have been here? Chrissie Peterson answered, I have past your recommendations along and ask them to provide a written status report to all the council. And, they have given those written status reports. Alderman Berardi said he wants them to report to council in person. Alderman Sarff raised the question, before they come in person he would like to know if they feel the need to come. And if they do, we need to know the charge. Chrissie Peterson said she will follow through on this.
Demolition of 231 Keeling Court. Chrissie Peterson commented the homeowner had initially decided to demolish the structure herself.
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Unfortunately she got through half way on the project. There has been no response to my telephone calls or correspondence. I’m concerned as the property is in worse shape prior to tearing down. Recommend seeking to file demolition petition to clean up the property.
Motion and second by Aldermen Sarff/Meade, to approve for City Attorney Chrissie Peterson filing petition for demolition of the structure on the property at 231 Keeling Court. Voice vote, motion carried unanimously.
Demolition of Lot 10 and Lot 11 of EnterpriseIndustrial Park. City Attorney Chrissie Peterson said the property is owned by Don Inmon and he has been a thorn in the side of the city. FormerCity Attorney Jim Elson left his position presenting ordinance violation cases and was able to obtain judgment that would account for outstanding water bills. Within the last month that $6,000 plus judgment has been paid. The judge instructed Don Inmon to have Lot # 10 cleaned up within two weeks, and a plan in place. This has not been done. Chrissie recommended to file demolition position. Alderman Sarff asked, who would own the property? Chrissie Peterson said Don Inmon would. Alderman Sarff said what would guarantee that he would not do the same thing? Chrissie said she would immediately file a lien on the property. Alderman Sarff mentioned that Jim Elson’s law firm is familiar with the case and may take it on.
Motion and second by Aldermen Meade/Sarff, a resolution be drafted to file demolition complaint on the property. Mayor Heinze ask if the committee would take definitive action to collect the $32,000 from the IH site Don Inmon owes. Voice vote, motion carried unanimously.
Siren Agreement with SpoonRiverCollege. Fire Chief John Stanko commented that a couple of months ago council approved converting our outdoor warning sirens to wireless. SpoonRiverCollege is interested in receiving our operation signal to activate their signal, for early warning. It would be at their own expense. Chrissie Peterson and the college attorney have been in communication to work on an agreement to protect the college interest. Will be coming to committee sometime later for consideration.
Lisa Holloway to discuss Skateboarding. Lisa and Derrick Holloway mentioned their son Chase has received his second skateboarding ticket.
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Skateboarding is their mode of transportation in Canton. The first ticket we paid $25.00, and the second ticket will go to the city court day. We think our kids are being targeted, and we feel the police are badgering them everywhere they go. We have heard that the police officers have said they will give tickets to anyone with a skateboard. Chief Fritz denied that. I appreciate the city and we want to respect the city. Lisa then presented amendments to the current Skateboarding Ordinance.
Code – Fire - Suppressant – Commercial use. Alderman Berardi stated that we have had some controversy downtown on a fire code that applies to individual business’s? We’re talking about water sprinkler systems. Have talked to people directly involved as they are rehabbing their building. Their word to me when they started this rehab, they did not need water sprinklers, and they were told by the Fire Chief John Stanko. Several weeks later they were told they would need them. Their concern is one of the facilities would cost $32,000 to put in the water sprinkler system. The other business was $26,000. And $10,000 was estimated to just get the water to the building. In talking to the rest of the landlords on how this would impact the downtown area, and if that is the case, and they have to adhere to that code, they would no longer be able to stay in business.
Lee Puelo is one of the business owners. Lee said, if the cost is that high this will force the building out of the market. You have to find a solution that is manageable. You need to make it manageable so the square does not go out of business.
Alderman Berardi commented that there has to be a some way to address this problem?
Zoning Officer Clark Wilson spoke and said the two problems that are involved, the city had to change the law in order for this person to get the right to build the apartment. And council gave them a Special Use. And that Special Use says they will abide by the current code. Neither one of us told them anything prior to this. They wanted to build there, and they wanted to do that. On the second issue, both the fire chief and I were in this meeting and they ask a bold question. “Will it have to be sprinklers?” The fire chief said, “I don’t think so?” But in course of this meeting, they knew they were going to get an architect and they would have to abide by the architect and the fire chief clearing was saying, “I don’t know!” that is why
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you’re going to have an architect. And never at anytime did we lead this is a cheap simple process to complete and refurbish a 100 year old building.
Alderman Berardi stated, that is the opinion they got. And what you heard and what they heard was different. The point is what are we going to do about it?
Alderman Sarff asked Fire Chief John Stanko if renovation is different for businesses and renovation for where people are going to live over a business? Fire Chief John Stanko said there is a distinct difference. The codes are driven by the use of the building. Particularly when you have dwelling units above a business, that changes a lot of what the code requires. I will agree with exactly what Clark Wilson has said. The codes were adopted May 2, 2006. We had the code two weeks and I took the book with me, and that question was asked. They presented three pages of hand drawn sketches of what the concept was. And I did say, “it did not look like it needed to be sprinklers,” but you need to get an architect and he will guide you in this matter. There was five of us in the room that day. And maybe the person did not hear what I said, but that is what I said. And the next day they hired an architect. The architect guided and advise them of the need for sprinkler system and pointed out a section of the new code that I was not aware of. And I did concur of what the architect said. So there should not be any misunderstanding here of whether that project needs a sprinkler system or not. As far as moving one wall and needing a sprinkler system, I have never told that to anyone. I am not sure where that information is coming from.