CITY OF OLNEY
CITY COUNCIL MEETING
JANUARY 11, 2010


AGENDA #1 “CALL TO ORDER” The January 11, 2010 meeting of the Olney City Council was called to order at 7:30 p.m. in the Council Chambers of the Olney City Hall located at 300 S. Whittle Avenue, Olney, Illinois, with Mayor Mark Lambird presiding.

AGENDA #2 “PLEDGE OF ALLEGIANCE TO THE FLAG-PRAYER” Council members and visitors joined in the pledge of allegiance to the flag. Mayor Lambird led the group in a prayer.
AGENDA #3 “ROLL CALL” The following Council members were present: Gary Foster, Brad Brown, Pete Weber, Bob Ferguson and Mark Lambird. Also present were City Manager Randy Bukas, City Attorney Larry Taylor, City Treasurer Brad Yockey, City Engineer Roger Charleston and City Clerk Belinda Henton.

AGENDA #4 “PRESENTATION OF CONSENT AGENDA”

4-A Approve Minutes of Council Meeting on December 14, 2009
4-B Approve and Authorize Payment of Accounts Payable January 12, 2010 - Pooled Cash $614,972.69, Manual Checks $99,214.85 Water Deposit Refunds $1,412.74 and Motor Fuel Tax $10,491.33
4-C Resolution: Support for Housing Rehabilitation Grant - Resolution 2010-R-01
4-D Resolution: Authorize City Manager to Name FOIA, Open Meetings and ADA Coordinators - Resolution 2010-R-02

AGENDA #5 “REMOVAL OF ITEMS FROM CONSENT AGENDA” No items were requested for removal.

AGENDA #6 “CONSIDERATION OF CONSENT AGENDA” Councilman Foster moved to approve the consent agenda, seconded by Councilman Weber. A unanimous voice vote was received.

AGENDA #7 “CONSIDERATION OF ITEMS REMOVED FROM CONSENT AGENDA” No consideration was necessary because nothing was removed from the consent agenda.

AGENDA #8 “STAFF REPORTS”

8-A “City Manager - Status Report” Mr. Bukas reported that the City is currently advertising the sale of the vacant lot at 402 W. Elm. Bids will be opened at the January 25, 2010 Council meeting.

Mr. Bukas reviewed the monthly receipts for Corporate Replacement Tax, Income Tax, Motor Fuel Tax, Telecommunications Tax and Use Tax. All receipts continue to be lower than received last year except Telecommunications Tax which is up 52.89% from last year.
The Fire Department tanker has been recalled requiring a re-calibration of the engine control modular and the measurement of the crack case blowby. The changes were completed in Evansville, Indiana. While in Evansville the firemen were advised of another recall, but parts were not available at that time.

Shop drawings are now being reviewed for the Park Lift Station project. This project is scheduled to be completed by September 17, 2010.

Bids are due on January 20, 2010 for the Butler Street watermain replacement project. The sanitary sewer in this area has been televised and there are some problem areas that may need to be replaced. In response to Council Weber’s question at the last council meeting, the cost to replace sewer laterals for 34 houses along Butler Street would be $88,400.

A total of six building permits with a value of approximately $183,000 were issued in December 2009. Year to date, the City has issued 112 permits of which 29 were demolitions and 9 were new houses.

Mr. Bukas congratulated KHS Bicycle. Tomorrow they will be celebrating 40 years in business and 30 years in Olney.

Due to the recent installation of the aeration system at East Fork Lake, the Water Plant has been able to cut back on the use of the powdered activated carbon. Mr. Bukas expects a net annual savings of $19,000. The system should pay for itself within three years.

8-B “City Manager - Proposed Donation - 412 E. Monroe” Mr. Bukas reported that Tony Adams is proposing to donate the property he owns at 412 E. Monroe. The house on the property sustained a fire. Since the fire Mr. Adams has demolished the house. The property has been for sale, but unsuccessful. After Mr. Adams saw the City’s advertisement regarding the lot at 402 W. Elm, he decided to donate his lot to the City if the Council was agreeable. The lot is approximately 87' x 160'. Mr. Bukas commented the lot can be marketed similar to W. Elm or made into a neighborhood playground. The City would pay closing costs if the Council agreed to accept the donation.

Councilman Foster pointed out the lot is not level and suggested that the staff evaluate the lot before a decision is made.

Councilman Weber suggested consideration be given to giving up Senior Citizen Park because it is not well maintained or utilized, and spreading small parks around town.

This matter will be placed on the agenda of the next regular Council meeting.

AGENDA #9 “OLD BUSINESS”

9-A “Discussion: Emergency Management (NIMS) Ordinance” Mr. Taylor has reviewed the Federal Emergency Management Agency’s website regarding the requirements for a NIMS ordinance. There is no standard wording that is required. Each jurisdiction is supposed to formally recognize NIMS and adopt NIMS principles and policies. Mr. Taylor has reviewed several sample ordinances. Paragraph C of the previously proposed ordinance has been removed as recommended by the Council. The remaining paragraphs basically say the City adopts and declares the National Incident Management System to be public policy of the City, the City will train public officials and employees pursuant to the NIMS and the City Manager will periodically recommend revisions or additions to the Code as may be deemed required by the NIMS. Most of the language is similar to several other ordinances that are available on the IEMA and FEMA websites.

Councilman Brown asked if Mr. Bukas will track the NIMS costs. Mr. Bukas explained the only cost will be the staff’s time for the classes. Councilman Brown was not concerned with the training costs, but other substantial expenses.

Councilman Foster moved to pass Ordinance 2010-01, seconded by Councilman Weber. Councilmen Brown, Weber, Ferguson, Mayor Lambird and Councilman Foster voted yes. There were no opposing votes. The motion carried.

9-B “Discussion: Combined Dispatch” Approximately two weeks ago the Council was provided with the latest proposed combined dispatch agreement for their review.

Mr. Bukas explained for over a year the staff has been meeting with Richland County officials regarding the possibility of combining dispatch centers.

Mr. Bukas reviewed the proposed combined dispatch agreement. The agreement stipulates the creation of a RICHLANDCAD Board. The board will consist of two city representatives and two county representatives. A quorum would be three members, and any action will require three affirmative votes. The agreement also outlines the responsibilities of the Board. Also created will be a six-member advisory board; one city member, one county, one 911, one rural fire district, one Richland Memorial Hospital and one from the dispatch center. The advisory board will make recommendations to the RICHLANDCAD Board. As the agreement is proposed, at this time the designation of the lead agency is the Richland County Sheriff’s Department. It would also be possible to change the designated lead agency to the City. Mr. Bukas explained if joint dispatch is terminated, all equipment purchased during the time for the RICHLANDCAD is active will be divided up equally between the City and County. The agreement requires a 180 day notice to terminate the agreement. The agreement also outlines funding requirements of each agency and funding source.

Mr. Bukas explained currently the City has five dispatch employees and the County has six. It has been suggested that combined dispatch be staffed with nine full time employees. If the City were the lead agency with nine employees, the City would realize a net savings of $26,409.52, but if the County becomes the lead agency, the City would realize a $50,240.96 net savings.

Mr. Bukas was looking for direction from the Council whether to continue, stop or make modifications for combined dispatch.

Councilman Brown asked how the staff would be reduced. Mr. Bukas reported through retirement.

Councilman Brown asked when combined dispatch could be implemented. Mr. Bukas commented if the County were the lead agency, combined dispatch could be implemented once their new building is completed which would be April or May.

Councilman Foster stated he did not feel the savings would be worth the effort to combine dispatch for the City based on the fact that the City would be giving up control of its own dispatch center and personnel. The only way he would support joint dispatch would be if the City became the lead agency.

Councilman Ferguson noted there has been concern voiced with the County’s quality of dispatch. He questioned if the County is the lead agency, will the City have any input on how to improve dispatch quality. Mr. Bukas commented if the County is the lead agency, the dispatchers would be County employees. The RICHLANDCAD Board could address such issues.

Councilman Foster expressed concern for giving up a second dispatch center in case of an emergency and the need for backup. He felt this would be a step backwards.

Mayor Lambird asked for future costs of equipment for the next 10 years. He was hopeful this would provide guidance for a long range plan.

Mr. Bukas has been involved in combining dispatch centers at a couple of other municipalities he has worked. They funded those systems on a per dispatched call basis.

Councilman Weber asked how often the lead agency can be changed. Mr. Bukas explained the agreement would have to be changed when such a decision is made. If the City became the lead agency, remodeling of a City facility would be needed. The County has access to the public safety tax which the City does not have.

Mr. Bukas commented the Sheriff is willing to agree to the City being the lead agency, but this has not been discussed with the County Board.

Mr. Bukas pointed out the County’s entry level pay scale is more than the City’s, but the City’s senior employees make more than the County.

Councilman Ferguson commented if combined dispatch is implemented, and it does not work, it will be difficult to rewind.

The cost of City renovations has not been estimated if the City were to become the lead agency.

Mr. Bukas reported there is a meeting tentatively scheduled for February 18 with the County to discuss combined dispatch. At this time the County Board’s opinion is not known.

Councilman Foster asked Police Chief Chaplin if he had any concerns with the loss of service if the dispatch services were to be eliminated at the Police Department. Chief Chaplin has several questions on how various situations would be handled such as walk-in complaints, phones calls on nights and weekends when a secretary is not present at the Police Department and the reporting system. Councilman Foster was concerned with services being lost.

Councilman Weber questioned if the City would be allowed to use the public safety tax money if they became the lead agency. Mr. Bukas commented this is a question that could be asked February 18.

Police Chief Chaplin also expressed a concern with losing backup capability with combined dispatch. He also pointed out while a decision is pending on combined dispatch, there has been one vacancy in dispatch since the first of December.

AGENDA #10 “NEW BUSINESS”

10-A “Ordinance: Sanitary Sewer Fees” The Council was provided with a proposed ordinance adjusting the sanitary sewer fees. The new rates are based on the new debt service and what is needed to operate. Prior to the meeting a debt service rate of $2.75 was suggested along with a user rate of $2.78 per 1,000 gallons. Mr. Bukas explained this rate only covers the current operating costs on a break-even basis. Mr. Bukas would like to be able to set aside $100,000 annually for upcoming projects. He proposed a user rate of $3.17. An alternative to a rate increase would be to assess the people which are benefitting from the improvements.

Concerning the sewer lateral improvements suggested on Butler Street, Councilman Weber would like to approach the homeowners for a cost sharing effort to replace the laterals before the surface is reconstructed.

The Council took no action on the proposed sewer debt service charge or user rate.

10-B “Ordinance: Rezone 526 S. Fair from R-3 to C-2” The Council was provided with a proposed rezoning ordinance, minutes from the Plan Commission and a finding of facts letter from the Plan Commission chairperson. The Plan Commission recommended rezoning 526 S. Fair from R-3 to C-2 only if a written off-street parking agreement was provided.

Bobbi Blackford requested this rezoning for the purpose of operating a boarding house and special event party room. Mr. Taylor explained the Plan Commission expressed concern with parking. The zoning ordinance requires that off-street parking be provided based on use. It was determined Ms. Blackford would be required to provide three off-street parking spaces for the board house and ten for the special event party room based on 1,000 square feet. Ms. Blackford could not provide the ten off-street parking spaces on her property, but proposed using a vacant lot at 203 E. North Avenue. A written off-street parking agreement was required as evidence that the property owner of 203 E. North Avenue had agreed to allow Ms. Blackford use of their property for parking.

Ms. Blackford did not receive approval for off-street parking because the property owners did not want to be liable. Ms. Blackford requested that the property be rezoned only for the boarding house.

Mr. Taylor pointed out an R-4 would be sufficient for a boarding house.

Councilman Ferguson preferred rezoning to a C-2 because it is contiguous with another C-2 district.

Mr. Bukas explained the City would have more control on what goes on at this location if it were zoned R-4, and an R-4 district could act as a buffer between the R-3 and C-2 districts.

Councilman Foster pointed out there may be uses allow in a C-2 district that may not be acceptable in a residential area.

Mr. Taylor noted the petition was for C-2, but the Plan Commission was aware an R-4 was all that was needed for a boarding house.

Councilman Brown moved to approve the rezoning of 526 S. Fair from R-3 to C-2, seconded by Councilman Weber. Councilmen Weber, Ferguson, Mayor Lambird, Councilmen Foster and Brown voted yes. The motion carried. Ordinance 2010-02 will be prepared.

10-C “Resolution: Waive Bidding and Award Contract -Valley Electric Supply Company Police and Fire Station” The Council was provided with a proposed resolution accepting a quotation from Valley Electric Supply Corp. from Vincennes, Indiana for fixtures and ballasts needed to replace the lighting systems at the fire and police stations. The City has received a grant from the Illinois Clean Energy Community Foundation in the amount of $3,805 to change the lighting systems in these two public safety buildings. Valley Electric Supply Corp. is the only vendor that could be found to purchase the needed supplies. The project needs to be completed by April. City crews will be used to do the work.

Councilman Weber commented there are multiple wholesale vendors that could supply the needed parts, but Valley Electric usually has good prices.

Councilman Foster moved to approve Resolution 2010-R-03, seconded by Councilman Weber. Councilman Ferguson, Mayor Lambird, Councilmen Foster, Brown and Weber voted yes. There were no opposing votes. The motion carried.

AGENDA #11 “PUBLIC COMMENTS/PRESENTATIONS” Brian O’Neill wants the City to start moving along on the Boone Street improvements. He wants the house which was recently purchased by the City at 300 E. Vine knocked in the near future. He stated it is time to fix the problems as soon as possible.

George Hostettler, 413 E. Lathrop, asked if anything has been done with the noise ordinance. Mr. Hostettler has a problem with a neighbor playing his stereo too loud.

Nothing has been prepared for Council’s consideration.

Police Chief Chaplin commented Mr. Hostettler’s neighbor has been ticketed several times for excessive vehicle amplification under state statutes. Chief Chaplin did not believe a City ordinance would be any better than the existing state statute that can be enforced.

Mr. Hostettler complained that the Olney Daily Mail does not publicize a complete agenda. Mr. Hostettler was informed a complete agenda is always available the Friday afternoon prior to a Council meeting at City Hall or on the city website.

AGENDA #12 “REPORT FROM THE MAYOR-PACIFIC CYCLE SURPLUS MATERIALS” Mayor Lambird discussed going out for bids to have the Pacific Cycle water tower dismantled and then sold as surplus property along with roof top structures that are no longer being used. The staff hoped any monies received could be placed in a fund for future roof repairs at Pacific Cycle.

Mayor Lambird also informed the Council that Pacific Cycle is having issues with flooding under their floor. He would like to have the drainage system televised. Mr. Bukas explained it is hard for the televising equipment to be used in storm sewers because of accumulated gravel.

The Council was in agreement to find a scrapping company to buy the water tower.

AGENDA #13 “REPORTS FROM CITY COUNCIL MEMBERS”

13-A “Discussion: Musgrove Dugout” The Council was provided with a proposed drawing for dugouts for the Musgrove Park ball diamond. Councilman Brown wanted something on record on what is needed for dugouts before volunteers and donations are sought.

The Council discussed the drawings that were presented. The proposed dugout is larger than the existing Babe Ruth dugout with a storage facility on one end of each dugout. No cost estimates were available. Mr. Charleston proposed split block construction with a metal roof so this facility would match other facilities at Musgrove Park. An entrance door was discussed for the end of the dugouts.

Councilman Brown has been approached by organizations willing to donate time and money toward dugouts. If the Council approves design, volunteers can be coordinated through the City Manager. A revised drawing will be prepared for the next meeting.

Councilman Foster pointed out consideration needs to be given to sewer, water and electricity at the diamond. Mr. Bukas commented additional parking is also needed.

The City Manager was asked to assign a department or group of employees to stop by the recycling bins at the city parking lot each morning to make sure the area is clean.

Councilman Weber left the Council Chambers at 9:20 p.m.

Mr. Bukas reported that the City had two recycling sheds, but they are currently not being used. Trinity Lutheran Church is interested in using one of the sheds for recycling at their church.

Councilman Weber returned to the Council Chambers at 9:22 p.m.

Councilman Foster wanted to consider all the options for the recycling sheds before one is given away.

Councilman Foster suggested that the Council address the golf cart issue. He did not recommend the use of golf carts due to safety.

Mr. Taylor explained as of January 1, 2010 golf carts are allowed for use on public streets if they satisfy state requirements. The state will be the licensing agent. The City is required to evaluate each street to determine if golf carts would be banned on a street by street basis.

Councilman Weber questioned the status of the street sweeper. Mr. Bukas reported the street sweeper is at least 20 years old and he believes it is a waste of energy to continue to make repairs. A lot of time and money have been spent keeping the street sweeper running. A new street sweeper is included in capital improvements for consideration.

Councilman Ferguson requested a summary of hours worked on the Christmas Light
Display. This display started as a volunteer effort, but has evolved into one that is entirely put up and taken down with City labor. Councilman Ferguson felt consideration should be given to only doing the display every other year. Currently, the Park Department has a vacancy that has not been filled.

Councilman Ferguson reminded the Council that there are 23 acres of City-owned land behind Orion which is not being used. Recently, similar acreage sold for $3,850 per acre. The City also owns 20 acres of farm land on Holly Road near East Fork Lake. Since acreage is selling high at this time, Councilman Ferguson believed the City should consider auctioning the acreage to generate some income. This can be discussed at the Advance scheduled for January 18.

AGENDA #14 “CLOSED SESSION: EMPLOYMENT AND COMPENSATION FOR SPECIFIC EMPLOYEES AND REVIEW OF EXECUTIVE SESSION MINUTES” Councilman Weber moved to adjourn to executive session for the purpose of discussing employment and compensation for specific employees and review of executive session minutes, seconded by Councilman Brown. A unanimous voice vote was received.

Councilmen Foster, Brown, Weber, Ferguson, Mayor Lambird, City Manager Bukas, City Attorney Taylor and City Clerk Henton left the Council Chambers at 9:30 p.m.

AGENDA #15 “RECONVENE OPEN SESSION” Upon the return of those who were in executive session to the Council Chambers, Councilman Weber moved to enter back into open session, seconded by Councilman Foster. A unanimous voice vote was received. Open session resumed at 11:22 p.m.

AGENDA #16 “ACTION ON CLOSED SESSION”

Councilman Foster moved to amend the City Manager’s salary to reflect a 3.5% increase with an evaluation again in six months, seconded by Councilman Brown. Councilmen Brown, Weber, Ferguson, Mayor Lambird and Councilman Foster voted yes. There were no opposing votes. The motion carried. Ordinance 2010-03 will be prepared.

16-A “Resolution: Authorize Release of Closed Session Minutes” Councilman Ferguson moved to approve Resolution 2010-R-04, seconded by Councilman Weber. A unanimous voice vote was received.

16-B “Resolution: Authorize Destruction of Audio Recordings”Councilman Foster moved to approve Resolution 2010-R-05, seconded by Councilman Weber. A unanimous voice vote was received.


AGENDA #17 “ADJOURN” Councilman Foster moved to adjourn, seconded by Councilman Brown. A unanimous voice vote was received.

The meeting of the City Council adjourned at 11:23 p.m.


Belinda C. Henton
City Clerk