CITY OF OLNEY
CITY COUNCIL MEETING
FEBRUARY 8, 2010


AGENDA #1 “CALL TO ORDER” The February 8, 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. Larry Weber 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 January 25, 2010
4-B Approve and Authorize Payment of Accounts Payable February 9, 2010-Pooled Cash $192,643.60, Pooled Cash Manual Checks $132,618.19, Water Deposit Refunds $1,387.00, Tourism $4,637.50, Motor Fuel Tax $6,970.00 and Levied Insurance $743.86

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

AGENDA #6 “CONSIDERATION OF CONSENT AGENDA” Councilman Weber moved to approve the consent agenda, seconded by Councilman Foster. 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 the fine bubble air diffuser equipment arrived last week and will be installed in the near future.

The property at 300 E. Vine has been purchased. An inspection of the building will take place this week weather permitting.

The Butler Street reconstruction project is still scheduled for a bid opening on March 5. Ameren has completed their tree work and the City has removed the last trees they are responsible for today. The waterline portion of the project will start tomorrow.

The recently purchased salt truck has now been received. It will be ready for service as soon as it is undercoated and the bed liner and lights are installed.

Installation of the new lighting equipment acquired through the lighting grant started today at the Fire Station. Work will be completed in a couple of days and then will proceed to the Police Department.

8-B “City Manager - Ball Field Concessions at City Park” The current proprietor of the concession stand at the City Park, Della Budde, does not have a lease with the City nor has the City ever had one with her. Mr. Bukas proposed that the City seek proposals for the staffing of and selling of concessions at the ball park. The building is owned by the City and it was Mr. Bukas’ understanding that most of the appliances inside the building belong to the City.

It was Mr. Bukas’ understanding that Mrs. Budde has run the concession stand for approximately nine years. She pays the Olney Little League $250. The City pays for electricity and maintenance of the building with no benefits. Mr. Bukas has not talked to Mrs. Budde, but the Olney Little League is happy with her services.

Councilman Ferguson questioned if she shared the income from the concession stand with the leagues. That was not Mr. Bukas’ understanding.

The Council asked Mr. Bukas to meet with Mrs. Budde to negotiate a lease, but they did not believe the City should be bearing any cost of the concession stand.

8-C “City Manager - West Side TIF District” The Council was provided with a map of the proposed West Side TIF district. When this matter was discussed in 2009, it was proposed the Council would start reviewing a TIF boundary in February with a request for proposal being advertised in March. Mr. Bukas suggested advertising now and have interviews and possible selection of a consultant in April with money budgeted for the project to begin in May. Mr. Bukas estimated the cost of $35,000 to create the TIF district. These funds would have to be budgeted in 2010/2011.

The Council was in favor of moving ahead with this project.

8-D “Police Chief - Waive Bid for In-Car Camera” Police Chief Rick Chaplin requested that the bidding procedures be waived and an award made to Digital Ally in the amount of $4,025 to purchase an in-car camera. There was $4,200 budgeted this year for the camera. The Wal-Mart Foundation has donated $1,500 to the City for the purchase of this camera.

Councilman Ferguson questioned why this purchase was not bid. Chief Chaplin explained all of the other in-car cameras have been from Digital Ally and he would prefer the same type of equipment in all the cars.

Councilman Weber moved to approve the purchase of an in-car camera from Digital Ally in the amount of $4,025 and waive the bidding procedures, seconded by Councilman Brown.

Councilman Foster questioned why other cameras would not be acceptable.
Chief Chaplin explained consistency among all the cameras is important. He did not know if there are other cameras that are as effective. Councilman Foster asked if Chief Chaplin has compared prices of others cameras available. Chief Chaplin did not compare prices. Councilman Foster stated he knows that it is nice to have compatibility and constancy with equipment.

A unanimous voice vote was received. Resolution 2010-R-10 will be prepared.

AGENDA #9 “OLD BUSINESS”

9-A “Discussion: E. Butler Street Sanitary Sewer Laterals” During prior Council meetings, the Council has been debating the charge to residents within the Butler Street reconstruction area for replacing sewer laterals. Reconstruction plans have already been submitted to IDOT so the addition of the laterals cannot be included. It is questionable if the City will have time to do this work. The cost is estimated at $62,000. The Council discussed payback options. Mr. Bukas proposed three pay back scenarios in a memo to the Council. Mr. Bukas discussed the various scenarios. Mr. Bukas pointed out the City could start replacing the laterals and when the contractor is ready to start the project, a change order could be made to have the contractor finish the laterals.

There is also approximately 50' of sanitary sewer that needs to be replaced. Mr. Bukas discussed the cost and various options. The open cut method to replace the entire 6" sewer line with an 8" would be approximately $181,000, an alternate method of pipe bursting would cost $119,000, but a third option of lining the sewer would cost $40,000.

Mr. Bukas has not talked to the residents about the lateral replacement project because the Council has not made a decision on cost and terms. It was Mr. Bukas’ opinion the property owners should pay at least $1,000 and they could be given 10 years to repay this amount without any interest.

Councilman Weber suggested that the homeowners be given an option on which payment plan they want.

Councilman Brown questioned if the residents can be required to replace their lateral. Mr. Taylor pointed out it would be more cost effective if the residents choose to replace their laterals now, but he did not believe the City could force them.

Mr. Bukas was asked to determine the cost of replacing a lateral after the street is constructed.

9-B “Discussion: Firing Range” Al Zellmer addressed the Council concerning additional firing range improvements. Mr. Zellmer provided the Council with a budget for improvements needed to complete the project.

Mr. Zellmer reported that the White Squirrel Saddle Club has spent $10,173.78 of their money on this project. As of today $4,850 has been earmarked for additional improvements.

Mr. Zellmer reviewed the proposed improvements. The cost of the priority items to finish the building was $1,747.00.

Several members of the Council have inspected the building and they were impressed with the work that has been completed.

Councilman Brown questioned where the City could find $1,747.00 for these improvements. Treasurer Yockey replied reserves. Councilman Brown asked if contingencies have been used. Treasurer Yockey answered no, but contingencies will be used by the purchase of the house at 300 E. Vine.

Councilman Brown stated if there is any way possible to find these funds, he believed it would be a small investment to making the building useable.

Councilman Ferguson questioned Mr. Zellmer when he anticipates use of the facility. Mr. Zellmer answered when the weather allows.

The water well still needs to be tested to see if the pump works.

To prevent confusion, Councilman Weber suggested that instead of allowing the White Squirrel Saddle Club access to the City’s charge accounts, the City should purchase the needed materials to finish the firing range project.

Councilman Ferguson asked how often the Police Department uses the firing range. Chief Chaplin reported as a department they use the firing range about three times a year, but officers have times they can use the range on their own. The Sheriff’s Department also uses the range. The Olney Gun Club has an agreement with the City, and they usually use the range twice a month.

Councilman Ferguson would like to see this project completed as soon as money is available whether it is in the current budget year or next.

Councilman Brown moved to come up $1,747.00 preferably out of this year’s budget, but if not possible use reserves.

Councilman Weber amended the motion to authorize the City Manager to individually purchase the needed items for the saddle club as need be and get the project done as cheap as possible, seconded by Councilman Foster.

Councilman Brown amended his own motion to authorize the City Manager to purchase the items on the priority list, seconded by Councilman Weber. A unanimous voice vote was received.

A unanimous voice vote was received to come up with $1,747, preferably out of this year’s budget, but if not possible use reserves. Resolution 2010-R-11 will be prepared.

AGENDA #10 “NEW BUSINESS”

10-A “Ordinance: Rezone 1106 S. Baltimore from R-5 to M-1” The Council was provided with minutes from the Plan Commission meeting, a finding of facts letters and a proposed ordinance recommending the rezoning of 1106 S. Baltimore for the purpose of a storage yard.

Ron Hancock explained he has outgrown his current location and the addition of this four acre property will help him expand. He plans to install a chain link fence around the property for security, and at a later date may build additional storage. Mr. Hancock employs 36 workers at his business. He will continue to use Whittle Avenue as access to his property for his trucks. There will be no truck traffic on S. Baltimore.

Councilman Ferguson moved to pass Ordinance 2010-06, rezoning 1106 S. Baltimore from R-5 to M-1, seconded by Councilman Brown. Councilman Ferguson, Mayor Lambird, Councilmen Foster, Brown and Weber voted yes. There were no opposing votes. The motion carried.

10-B “Resolution: Authorizing Groundwater Monitoring Well” The Council was provided with a proposed resolution authorizing a groundwater monitoring well at 1210 E. Main by GEOCON. GEOCON currently has other monitoring wells around the area of Jefferson and Main. According to the drawings submitted by GEOCON, it looks like there may be some type of contamination heading in a southwesterly direction, and GEOCON is looking to drill another monitoring well in that area.

Mr. Taylor advised that the Council has approved a similar letter with GEOCON for monitoring wells on Main Street and Jefferson. The City has not had any problems with other wells.

Councilman Foster moved to approve Resolution 2010-R-12, seconded by Councilman Weber. A unanimous voice vote was received.

10-C “Resolution: Public Works Mutual Aid Agreement” The Council was provided with a Public Works Mutual Aid Network Agreement along with frequently asked questions about the Illinois Public Works Mutual Aid Network.

Mr. Bukas explained the agreement is basically to allow the City to call upon other communities in the network for assistance when needed. The City can also be asked for assistance from other communities, but is not required to respond. If the City respondes to another community, the City would not be reimbursed for expenses during the first five days. Dues are $100 annually. This is a new organization and at this time Mr. Bukas thought Richland County and Flora are members.

Councilman Weber noticed the agreement requires that participants be NIMS compliant. He questioned if the City should become NIMS compliant first. Mr. Bukas recommended joining now and continue to become NIMS compliant.

Councilman Foster moved to approve Resolution 2010-R-13, seconded by Councilman Brown. A unanimous voice vote was received.

10-D “Resolution: Water and Sewer Mutual Aid Agreement” The Council was provided with a water and sanitary sewer mutual aid agreement, frequently asked questions and a proposed resolution.

Mr. Bukas explained there is no fee for this agreement, but operates in the same manner. The decision to respond is recommended by the City Manager.

Councilman Ferguson moved to approve Resolution 2010-R-14, seconded by Councilman Foster. A unanimous voice vote was received.

10-E “Resolution: BMI Agreement” The Council was provided with a proposed resolution adopting an agreement with BMI for music that the City may play at city events. The cost is $305 per year and allows the City some copyright protection for the music that is played at the swimming pool and during the Christmas Light Display at the City Park.

Mr. Taylor felt it would be wise to enter into this agreement to give protection for music that is played on city property, but it may not cover every song played.

Councilman Foster asked if a cheaper agreement could be purchased from a different company.

No action was taken pending cost comparisons.

AGENDA #11 “PUBLIC COMMENTS/PRESENTATIONS”

11-A “Spring Crash” Bill Jennings, Richland County Fair Board President, requested permission for a spring demolition derby at the City Park. This demolition derby would be held on April 17 which is before the start of the baseball season.

Mr. Jennings explained the Fair Board has a need to generate more funds to operate the fair. The event will begin at 7:00 p.m. and cars will start coming in at 12:00 noon.

Mr. Jennings was advised that the City’s liability carrier requires $2,000,000 of liability insurance on outside events at city facilities. Mr. Jennings indicated that this insurance requirement would not be a problem.

Councilman Ferguson moved to approve Mr. Jennings’ request for a spring demolition derby on April 17, seconded by Councilman Foster. Councilmen Weber, Ferguson, Mayor Lambird, Councilmen Foster and Brown voted yes. There were no opposing votes. The motion carried.

Mr. Jennings discussed the 4th of July fireworks display. The Richland County Fair Board has been conducting the fireworks display since 1975. The cost at that time was $1,500. Several years later the City started contributing $2,000 toward the display. The cost of the 2009 display was $6,500. The Fair Board cannot afford to continue supporting the display for $4,500. They have agreed to match the City’s contribution and board members are soliciting funds from the public. If additional contributions are not forthcoming, the display will have to be scaled down from previous years. Fair Board personnel are properly licensed and willing to continue conducting the fireworks, but it continues to be financially difficult.

Mr. Bukas asked what percent of the fireworks display is on the ground versus aerial. Mr. Jennings explained they no longer have ground displays.

Councilman Weber mentioned the good partnership the City has with the Fair Board and suggested since the fair is a county fair that Richland County should also make a $2,000 contribution.

11-B “CTF Building Awning Request” Charleston Transitional Facility, located at 511 E. Main, are requesting to place an awning in the Silver Street right-of-way, but because of the length of the awning, they will need to place two, 3" poles in the sidewalk area to support the awning. This awning will be used to help keep their clients out of the weather when unloading shuttles.

Mr. Bukas was originally concerned with someone walking into the poles and suggested reflective tape be placed on the poles. In the future if sidewalk work is required, CTF will be responsible for removing the poles. These details are included in the proposed license agreement along with how the awning will be constructed.

Councilman Weber moved to approve Resolution 2010-R-15, seconded by Councilman Brown. A unanimous voice vote was received.

11-C “Curbside Recycling” Kate Patterson, representing the Citizens for a Greener Olney, asked for the city to reconsider curbside recycling. When the Veolia franchise was approved, Veolia quoted $3.50 per household for curbside recycling. The last time curbside recycling was discussed with Veolia, they indicated the price could be reduced to $3.00 per household, but they wanted an extension on their contract.

The recycling trailers placed at the municipal parking lot are over used and many complaints are received. Mrs. Patterson said she felt this was strong proof that the community wants to recycle. A comparison of trash rates was presented, and Olney was one of the lowest.

Mr. Bukas commented that Secure Processors is trying to locate a recycling facility in Olney. If a recycling facility is in Olney, the cost of recycling may be lowered.

Councilman Brown asked what is the best way to move forward. Mr. Bukas advised progress could be made if the City says they will do recycling.

Councilman Ferguson asked when the Veolia franchise expires. Mr. Bukas replied 2013.
Councilman Weber would like to talk to Veolia about user-based fees instead of a flat rate. The more recycling that is done, the less the cost for household trash.

Councilman Brown asked if Veolia is the only company allowed to recycle. Mr. Taylor will research this question and report back.

Brian O’Neill informed the Council that the State Health Department is coming after the City. Mr. O’Neill stated the Policemen refuse to write tickets to smokers and he is protected by the Americans with Disabilities Act.

AGENDA #12 “REPORT FROM THE MAYOR”

12-A “Discussion: Results of Referendum Concerning the Serving of Liquor on Sunday”
Mayor Lambird informed the Council that the referendum concerning the serving of liquor on Sunday was defeated 463 yes votes to 698 no votes. There were a total of 1,161 votes cast.

12-B “Authorize Removal of Water Tower” Mayor Lambird understood there may be a possibility that the paint on the water tower at Pacific Cycle may contain lead. If the paint does contain lead, the salvage value may be as much as the clean up cost. The paint will be tested before any further action is taken.

AGENDA #13 “REPORTS FROM CITY COUNCIL MEMBERS” Councilman Foster questioned if the City has received contributions for the Musgrove ball diamond from RCRC and the churches as indicated during prior meetings. Past minutes indicated RCRC budgeted $50,000 and the churches indicated they would contribute $4,000 to $5,000. Treasurer Yockey will investigate.

AGENDA #14 “CLOSED SESSION: PERFORMANCE, APPOINTMENT AND EMPLOYMENT OF SPECIFIC EMPLOYEES” Councilman Foster moved to adjourn to closed session for the purpose of discussing the performance, appointment and employment of specific employees.

Councilman Weber moved to amend that motion and added the sale and purchase of real property, seconded by Councilman Foster. 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 8:57 p.m.

AGENDA #15 “RECONVENE OPEN SESSION” Upon the return of those who were in closed 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 11:35 p.m.

AGENDA #16 “ACTION ON CLOSED SESSION” No action was taken as a result of the closed session.

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

The meeting of the City Council adjourned at 11:36 p.m.


Belinda C. Henton
City Clerk