CITY OF OLNEY
CITY COUNCIL MEETING
JUNE 8, 2009


AGENDA #1 “CALL TO ORDER” The June 8, 2009 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. Brett Best 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 “APPROVE MINUTES OF COUNCIL MEETING ON MAY 26, 2009” Councilman Weber moved to approve the minutes of the May 26, 2009 Council meeting, seconded by Councilman Brown. Councilmen Foster, Brown, Weber, Ferguson and Mayor Lambird voted yes. There were no opposing votes. The motion carried.

AGENDA #5 “PRESENTATION OF ORDINANCES, RESOLUTIONS, ETC.”

5-A “Request: Class S Liquor License-The Gypsy” Bart Zuber submitted an application for a Class S liquor application for a corn bag tournament in the 200 block of S. Whittle on July 11, 2009 from 1:00 p.m. until 11:59 p.m. He requested the closure of Whittle Avenue from Market Street to Chestnut Street for this event. Crowd control will consist of barricades and orange snow fence. Only those over 21 will be permitted to enter.

City Manager Bukas asked why the street needed to be closed for 11 hours. Mr. Zuber stated the tournament will be played between 1:00 p.m. and 8:00 p.m. because there will not be enough light to play at night. It will be possible to open the street back up at 8:00 p.m. Mr. Zuber also commented that the Fireside and Ophelia’s have given him their approval.

Mayor Lambird asked how Mr. Zuber proposed to keep alcohol from other establishments off the street. Mr. Zuber explained the Gypsy will use red plastic cups which will be used outside.

Councilman Foster asked what other events have closed Whittle Avenue for special events. Staff responded that the Gypsy, Fireside and Ophelia’s have closed Whittle Avenue in the past for special events.

Mr. Zuber commented there will be no outdoor music.

Councilman Foster moved to approve the Class S liquor license for the Gypsy on July 11, 2009, from 1:00 p.m. until 8:00 p.m., seconded by Councilman Brown. Councilmen Brown, Weber, Ferguson, Mayor Lambird and Councilman Foster voted yes. There were no opposing votes. The motion carried.

5-B “Request: Use of Community Building for Concert” Ethan Harrolle requested to use the Community Building on June 26, 2009 for a band concert. Mr. Harrolle verified there will be five bands, chaperones will be in attendance and he expects about 70 in the audience. Mr. Harrolle has used the Community Building in the past with no complaints received.

Councilman Ferguson moved to allow Mr. Harrolle to use the Community Building on June 26, 2009 for a band concert, seconded by Councilman Brown.

City Manager Bukas reminded Mr. Harrolle not to tape posters on the walls.

Councilmen Weber, Ferguson, Mayor Lambird, Councilmen Foster and Brown voted yes. There were no opposing votes. The motion carried.

5-C “Presentation: Boone/Morgan Street Storm Water Issues” Sue Rohr asked if the Council had looked at the CD’s of the flooding pictures, and if the Council has come to any decisions since the last meeting.

Mr. Bukas commented that the Council has not met since the last meeting.

Mayor Lambird explained they have discussed how the Council would like to proceed.

Mrs. Rohr asked if the Council has decided on proceedings for a buyout. Mayor Lambird answered no decision has been made yet, and he felt that would take awhile to map out.

As a stop gap measure, Councilman Weber suggested putting sandbags in this area to prevent further damage. Mr. Charleston did not think this suggestion would have much effect.

Mrs. Rohr told the Council that water comes through the school parking lot on the south side. Councilman Ferguson explained the City has looked at the property west of the hospital for potential water retention.

Mayor Lambird does not want to fix their problem and cause a problem elsewhere.

Councilman Ferguson asked if the neighbors have discussed a buyout. Councilman Ferguson asked Mr. Taylor how prices would be determined for a buyout. Mr. Taylor explained if the FEMA procedures are used, they use the fair market value of the property immediately prior to a flooding event.

Councilman Foster asked if federal funds are available for a buyout. Mr. Taylor answered no federal funds are available at this time because the pre-disaster mitigation plan has not been established. Mr. Bukas explained the City has applied for a grant to complete a mitigation plan, but it has been put on hold because the County has not established a flood plan.

In order for the City to get any federal assistance, a mitigation plan has to be developed. The City has applied, through the Greater Wabash Regional Planning Commission, for a grant to prepare a pre-disaster mitigation plan. Unfortunately, grants are being approved on a county basis and because Richland County does not have a flood plane ordinance, the City’s application is being put on the bottom of the list.

Mr. Taylor thought the County was in the process of adopting the necessary ordinances for the flood plane. Once it is passed, they can apply for a similar county wide grant.

If the area near Boone and Morgan is determined as a flood area, Councilman Weber questioned if the federal government will require the area to be covered under the flood insurance program. Mr. Taylor has not seen anything that mandates a buyout area to be determined as a flood hazard area.

Russell Hammond asked how long the Council has known this area had flooding problems. Mr. Charleston explained in 2002 the Corps of Engineers conducted a study. Mr. Hammond’s point was the City has known about the problem for several years, but nothing is being done. He requested $100,000 for his property.

Michelle Heller, 710 N. Fair, did not understand what a retention pond will do, and regardless of what the City does she and her family are going to move. Councilman Ferguson explained how a storm water retention area works, and the fact that the City has been looking at several areas to create storm water retention to decrease the flooding. He also commented that the City has spent close to $250,000 to lessen the flooding situation. No one anticipated the heavy rains which have been received.

Mrs. Heller told the Council that the City can have their property. No one will be able to live there because of the flooding. When they have flooding, they cannot turn on the water in the kitchen because sewer comes out. They also have toilet paper in their yard.

Mr. Heller stated he purchased his property cheaply and now he understands why.

Mrs. Heller asked that a grate be placed over the culvert for the safety of the children.

John Rohr presented flooding pictures. He stated the neighbors are having extensive property damage. He felt the City needs to act on this situation. He suggested that the City use their reserves along with grant money to facilitate a buyout.

Councilman Ferguson suggested that the neighbors contact the County expressing the fact of how important it is that they proceed with the pre-disaster mitigation plan.

Councilman Ferguson also questioned if there were experts that could be hired to spearhead this project to get the neighbors relief. Mr. Taylor explained that Southern Illinois University, in conjunction with Purdue University, have developed software and has the expertise to prepare the pre-disaster mitigation plan. There are certain steps that have to be followed to meet the requirements. Mr. Taylor expected it would take one year to develop the pre-disaster mitigation plan.

Mr. Hammond wanted the City to take responsibility for its mistakes and take care of the problem.

John Rohr also noted the sanitary sewer problems. They are asking and hoping the City will do the right thing. Many people have lost trust in the City. He stated the City has created a great liability. The neighbors are suffering from financial distress, physical distress, and mental anguish. He asked when they could expect an answer.

Several of the neighbors have received some compensation for flood damages from FEMA. Rita Zeisset questioned if anyone has looked into assistance from USDA.

Betty Nelson was concerned with the safety of the children in these neighborhoods. She felt grates need to be placed over the culverts. Mayor Lambird pointed out grates can cause debris to accumulate and hinder water drainage.

Mayor Lambird asked what can be done to move this process forward by the next meeting. City Manager Bukas explained specifications are being developed for a storm water management plan. It was his opinion the entire city needed to be evaluated. The master plan will dictate what direction needs to be taken. Mayor Lambird questioned how long it will take before a decision on direction can be made. Mr. Bukas expected the plan will take three months to complete.

Mr. Rohr asked whom the neighbors should call when a flood arises. Mr. Bukas explained all resources will be used if a flood occurs. Councilman Foster suggested calling the Fire Department if a house becomes surrounded. He also suggested getting out before the situation gets that bad.

Mr. Rohr suggested the streets be barricaded when flooding occurs. Mr. Bukas explained during the last heavy rainfall there were over 20 issues to respond to. When they responded to their area, the water had gone down.

Mr. Hammond requested to be on the next agenda and every meeting until something is done.

5-D “Discussion: Water Rates” The Council was provided with projected water rates proposed by the auditors during the last audit. The proposed 23% rate increase would become effective July 1, 2009. The proposed increase would also affect the water districts which would have to receive advance notice.
Rates have not been increased in three years. It was Councilman Brown’s opinion that the proposed rate increase was steep. He suggested smaller increases more often.

Councilman Ferguson pointed out several years ago the Council passed rate increases for a 3-year period. He suggested small increments over a 3 to 5-year period.

Mr. Bukas explained the Water Department has been trying to paint the Washington Street water tower for the last three years, but there is not enough money in the fund to cover the cost.

Councilman Foster also preferred spreading the increases over several years, but it sounds like an increase is needed now.

Councilman Brown was willing to approve a 9% increase this year and evaluate the revenue in the fall or winter to decide if another 9% increase would be sufficient.

Councilman Foster recommended approving the 23% increase, but was not opposed to a 9% increase.

Councilman Weber agreed with the 23% increase because Olney is below the average water rate for our area and there is still a back log of projects that need to be completed.

Councilman Ferguson suggested a 10% increase each year for next 3 years and then the revenue should be reviewed.

Mayor Lambird preferred an incremental increase depending upon whether the department can do the things that need done and keep service at a sufficient level.

Mr. Bukas told the Council water rate scenarios will be put together for the next meeting.

5-E “Ordinance: Prevailing Wage” The Council was provided with a proposed prevailing wage ordinance with a list of wages provided by the Illinois Department of Labor. Mr. Bukas explained this ordinance is required by the State to be passed in June of each year and applies when the City contracts work for public works projects.

Councilman Brown moved to pass Ordinance 2009-12, seconded by Councilman Weber. Councilman Ferguson, Mayor Lambird, Councilmen Foster, Brown and Weber voted yes. There were no opposing votes. The motion carried.

5-F “Discussion: Free Swim Days” As a part of the funds the City received from the Carrie Winter Youth Trust Fund, the City is required to provide two free swim days each year. Mr. Bukas suggested July 4 and September 7, 2009.

Councilman Ferguson moved to approve the suggested free swim days, seconded by Councilman Brown. Mayor Lambird, Councilmen Foster, Brown, Weber and Ferguson voted yes. There were no opposing votes. The motion carried.

5-G “Discussion: Oil Derrick” No bids were received the last time bids were solicited for the painting of the oil derrick. A number of potential vendors were contacted for a quote. Five quotes were received. The low quote was received from Mike Baker and Jeff Swinson in the amount of $17,500. The Desk and Derrick Club has received $13,620 of pledges for this project. This club hopes to use some of the pledges for beautification.

Mr. Bukas commented that nothing was budgeted for this project. This is the third attempt to get the derrick painted. He recommended waiving the bidding procedures, award the job to Mike Baker and Jeff Swinson, rely on the Desk and Derrick Club for $13,000 and allow the City to pay the remaining $4,500.

Councilman Brown moved to approve Mr. Bukas’ recommendation, seconded by Councilman Weber. Councilmen Foster, Brown, Weber, Ferguson and Mayor Lambird voted yes. There were no opposing votes. The motion carried. Resolution 2009-R-38 will be prepared.

5-H “Resolution: Fire Chief’s Vacation” Mr. Bukas explained that Fire Chief Bissey has accumulated numerous vacation days from previous years. The Council was provided with a resolution authorizing the payment of 47.5 days of vacation to Chief Bissey at his current rate of pay.

Councilman Foster moved to approve Resolution 2009-R-39, seconded by Councilman Brown.

Councilman Ferguson questioned where funds will come from to fund this payment. Mr. Bukas explained extra money was budgeted for paid on call men.

Councilmen Brown, Ferguson, Mayor Lambird and Councilman Foster voted yes. Councilman Weber abstained. There were no opposing votes. The motion carried.

5-I “Presentation: Storm Water and Sanitary Sewer Issues” Brian O’Neill explained he has walked around the city and took notes of flooding problems. He has found several intake areas filled with dirt. He also discussed flooding problems in his neighborhood and other areas and made suggestions to make ditches deeper and wider and doing some rerouting. He has spoken to several state and county elected officials concerning these problems. He suggested that ditches be improved with community service workers or volunteers.

Mr. O’Neill requested that he be on the next council agenda.

5-J “Resolution: Purchase of Engine for Field Gymmy” The engine on the sludge applicator has gone out. Several different options were considered such as replace the vehicle, replace the engine or contract the sludge spreading. Two quotes were received for a replacement engine. The low quote was received from Jasper Engine and Transmissions in the amount of $8,605.00.

Mr. Bukas suggested replacing the engine, with the purchase of the engine from Jasper Engine and Transmissions. The engine will be warrantied for two years and the City will replace the engine. Formal bidding procedures need to be waived.

Councilman Weber moved to approve Resolution 2009-R-40, seconded by Councilman Brown. Councilmen Weber, Ferguson, Mayor Lambird, Councilmen Foster and Brown voted yes. There were no opposing votes. The motion carried.

5-K “Discussion: Fireworks and Horse Parade” Bill Jennings, Richland County Fair Board President, advised the Council that a horse parade was started three to four years ago. The parade has been well received by the community and the horse people enjoy doing the parade. Mr. Jennings would like to plan for a horse parade on July 4 beginning at 10:00 a.m. at the East Richland High School and proceed to Main Street, Main Street to Ludlow and Ludlow to the City Park.

Mr. Bukas asked if the horses will be bagged. Mr. Jennings explained the Fair Board will provide clean up.

Police Chief Chaplin asked if it is necessary that the parade route be so long. The route includes three stop lights which have to be manned until the parade is finished. Mr. Jennings commented the parade route does not have to be that long, but he has a problem with a place to park and unload the trailers.

Councilman Brown moved to approve the horse parade on July 4, 2009 at 10:00 a.m., seconded by Councilman Weber. Councilman Ferguson, Mayor Lambird, Councilmen Foster, Brown and Weber voted yes. There were no opposing votes. The motion carried.

Mr. Jennings advised the Council that the Richland County Fair Board began shooting fireworks for the community in 1974. The City supports the fireworks with $2,000 annually. During the last two years the fireworks have increased in cost from $3,800 to $6,400 for the same display. Since 9/11/2001 the Fair Board has spent approximately $3,000 to $4,000 on licensing, background checks, fingerprinting, and training. Many years ago several civic organizations provided the money for the fireworks display, but it became too expensive. Mr. Jennings wanted to let the Council know that the Fair Board will need more financial help to continue the fireworks in the future.

Mr. Bukas advised that $2,000 has been budgeted for fireworks this year. Mr. Bukas requested an invoice for this expense.

AGENDA #6 “APPROVE AND AUTHORIZE PAYMENT OF ACCOUNTS PAYABLE JUNE 9, 2009” Councilman Foster moved to approve and authorize payment of accounts payable for June 9, 2009 for Pooled Cash $53,437.10, Manual Checks for Pooled Cash $125,934.96, Water Deposit Refunds $1,951.73 and Motor Fuel Tax $54,491.50 seconded by Councilman Weber. Mayor Lambird, Councilmen Foster, Brown, Weber and Ferguson voted yes. There were no opposing votes. The motion carried.

AGENDA #7 “EXECUTIVE SESSION: COLLECTIVE NEGOTIATING MATTERS AND ACQUISITION OF REAL PROPERTY” Councilman Brown moved to adjourn to executive session to discuss collective negotiating matters and acquisition of real property, seconded by Councilman Weber. Councilmen Foster, Brown, Weber, Ferguson and Mayor Lambird voted yes. There were no opposing votes. The motion carried.

Councilmen Foster, Brown, Weber, Ferguson, Mayor Lambird, City Manager Bukas, City Attorney Taylor and City Clerk Henton left the Council Chambers at 9:03 p.m.

Upon the return of those who were in executive session to the Council Chambers, Councilman Brown moved to enter back into open session, seconded by Councilman Foster. Councilmen Brown, Weber, Ferguson, Mayor Lambird and Councilman Foster voted yes. There were no opposing votes. The motion carried. Open session resumed at 10:12 p.m.

AGENDA #8 “POSSIBLE ACTION ON ITEMS DISCUSSED DURING EXECUTIVE SESSION” Mayor Lambird announced no action was taken as a result of the executive session.

AGENDA #9 “REPORT: ELECTED AND APPOINTED OFFICIALS” Brandi Stennett, Executive Director of the Richland County Development Corporation, reported to the Council that she prepared and delivered the ARRA stimulus package grant application to Springfield on June 5. The application was for a public facility grant for $350,000 which will be used for the North Avenue lift station. No word concerning funding will be heard for a couple of weeks. Mrs. Stennett also submitted an economic development grant for the same program for $282,555 for the sewer line extension to service industrial property on Baird Street and the East Industrial Park.

A request for water improvements was submitted by Representative David Reis for the Capital Bill for $300,000. The Council will decide for which project this will be used.

Mrs. Stennett reported that confirmation has been received that $5,000,0000 has been allotted to IDOT District 7 for the U.S. Route 50 feasibility study for the environmental phase I plan. This plan will look at intersections first. In the same transportation section, money was also allotted for the Route 130 overpass. These allotments are not line items, but directed to IDOT District 7 for engineering.

9-A “Appointments to Various Boards and Commissions” Mayor Lambird recommended the appointment of Amber Jared to the Planning Commission, Curt Ginder to the Board of Appeals, Amy Kirby to the Revolving Loan Fund, Bob Ferguson to the Joint Review Board and the reappointment of Jason Kern, Sarah Britton and Kathy Caraway to the Library Board.

Councilman Ferguson requested background information on the suggested appointments. Mayor Lambird explained Amy Kirby works at Citizens Bank and is a relatively young person who has shown an interest in being involved in the community. Curt Ginder works at the Trust Bank in the tech department and has a young family. Amber Jared works at the hospital in the home health department and she expressed an interest in becoming involved in the city.

Councilman Foster moved to approve the recommended appointments, seconded by Councilman Weber. Councilman Weber, Mayor Lambird, Councilmen Foster and Brown voted yes. Councilman Ferguson abstained. There were no opposing votes. The motion carried.

Mayor Lambird received a question from a citizen about speed enforcement in the City Park. They were concerned with vehicles traveling too fast with children present. Mayor Lambird has witnessed this same problem when he was there with his children. Mr. Bukas will talk to the Police Chief concerning extra patrol. Mayor Lambird suggested speed bumps. Mr. Bukas was opposed to speed bumps because of vehicle damage, snow removal and the safety of walkers and bikers. Mr. Bukas suggested that citizens report license numbers to the Police Department and a letter could be sent to the drivers.

AGENDA #10 “CITY MANAGER”

10-A “Status Report” Mr. Bukas reported that the May income tax receipts were received and were $6,614.73 less than last year. The February use tax was received and was $7,693.95 less than last year.

The Fire Department will be using the building purchased at 1229 S. Oak for training purposes on June 18 and 20. Once the training is completed, demolition will be contracted for this address and the Girl Scout House in the City Park.

The new front door at the Police Department has been completed.

Mr. Bukas was originally told there would be $300,000 in the State’s capital infrastructure program for the park lift station, but it was not approved.

During the last rain storm on Memorial Day, there were several different problem areas. One of the areas was at the corner of Whittle and Monroe where there is a brick storm sewer manhole. The storm sewer collapsed and the City has rebuilt the manhole.

During a four-day period between May 24 and May27 a total of 4" of rain was received. The total rain fall for May was 10.15" and April 9.3". This has been a part of the reason for some of the flooding issues.

A preconstruction meeting was held on June 4 for the East Street overlay project. The contractor plans on starting curb ramp work on June 9.

The Hunley Drive improvement project has been put on hold because of the storm water issues.

There were 17 building permits issued last month totaling $376,000. So far this year 43 permits have been issued.

The 1993 Chevrolet Caprice was sold on GovDeals on June 3, but the high bidder of $911.00 defaulted. The car was re-auctioned on June 7 for $930.99. Three transformers have also been listed for auction.

AGENDA #11 “ADJOURN” Councilman Foster moved to adjourn, seconded by Councilman Brown. Councilman Ferguson, Mayor Lambird, Councilmen Foster, Brown and Weber voted yes. There were no opposing votes. The motion carried.

The meeting of the City Council adjourned at 10:32 p.m.



Belinda C. Henton
City Clerk