CITY OF OLNEY
CITY COUNCIL MEETING
AUGUST 10, 2009


1. CALL TO ORDER - The August 10, 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.

2. PLEDGE OF ALLEGIANCE TO THE FLAG-PRAYER - Council members and visitors joined in the pledge of allegiance to the flag. Paul Boostrom led the group in a prayer.

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, and Deputy City Clerk Cindy Harlan. City Engineer Roger Charleston was absent.

4. APPROVE MINUTES OF COUNCIL MEETING ON JULY 27, 2009 - Councilman Brown moved to approve the minutes of the July 27, 2009 Council meeting, seconded by Councilman Weber. A unanimous voice vote was received.

5. PRESENTATION OF ORDINANCES, RESOLUTIONS, ETC.

5-A Presentation: Musgrove Park Development - This item was postponed until the August 24, 2009 Council meeting.

5-B Presentation: Musgrove Park Concession - Dustin Slover reported that he and his wife are interested in operating a concession stand at Musgrove Park on the property between the swimming pool and the softball field. Electricity is the main utility required, but water and sewer would be helpful also. The proposal submitted to the Council listed the variety of food that will be sold as well as the price. The plans are to begin operation in Spring 2010.

At the City Park, the concession stand is operated independently and it is believed that 15% of the proceeds are given to the Little League. Mr. Slover stated he is willing to donate 15% to the swim team, soccer team, or however the City decides.

City Manager Bukas stated there are no plans at this time to extend electricity to this area. However, it is believed that eventually the southern portion of the new sidewalk just poured will need to have lighting which is close to the proposed concession stand location.

Councilman Foster inquired if allowing a concession stand is something that should be bid. Mr. Bukas stated that it would be proper to go out for bids or to seek proposals. As stated earlier, there is no electricity, water or sewer at the proposed location. A generator would have to be used for electricity.

Mr. Slover stated they are willing to use a generator and carry waste to his residence. All food preparation will be done prior to taking it to the park It would be more convenient if electrical service was available to refrigerate left over items. Mr. Slover is not necessarily looking for a long term commitment. Concern was expressed as to how food items would be kept warm and/or cool. Mr. Slover stated a generator would be used during operating hours.

Councilman Ferguson feels that the City should own and operate any concessions stands located in the park to provide additional revenue. The City subsidizes the parks as it is. Mr. Ferguson requested information on exactly how the concession stand at the City Park is operated.

It is believed the information that was to be presented in Item 5-A, Musgrove Park Development, includes a concession stand. Mr. Slover stated he did not have an objection to operating the concession stand temporarily until the City decides what it is going to do. However, it was stated that it was a large investment for Mr. Slover to make without a long term contract.

Normally, a person has to have a Council-issued permit to sell merchandise on any City-owned property. However, no permit is needed as long as City property is not being used and there are no permanent structures.

The Council members want to discuss more the development of Musgrove Park before making a decision to allow the operation of a temporary concession stand.

5-C Presentation: East South Avenue Street Light - Jim Sager informed the Council members that he has lived in the 200 block of East South Avenue since 1966. Currently, there are problems in the neighborhood with alcohol, drugs, partying in the middle of the streets, nudity, and stealing. The residents are requesting that the City Council approve installing a street light in the middle of the block to help prevent the problems that are being experienced.

City Manager Bukas has contacted AmerenCIPS for information on whether there is an existing pole that could be used or if a new one would have to be erected. The Ameren representative has not yet provided this information. If a new pole is needed, it will cost approximately $2,400 plus a monthly service charge of $10.00. If an existing pole can be used, only the monthly fee applies.

Various Council members have witnessed these problems. The Police Department responds to calls to come to this area at least three times per night, however, the violators have scanners and know when the police are coming. Kay Harbaugh praised the officers of the Police Department for how quickly and efficiently they respond to their calls for help and stated the officers drive by at random times throughout the evening and night.



Michelle Aumiller, 228 E. South Avenue, works at night and fears going outside and doesn’t like her children being exposed to all of this. She keeps her porch light on all night. Ms. Aumiller is willing for the new light and pole to be placed in her yard.

Police Chief Chaplin stated there are several rental properties on Morgan, East South and Fair Streets which generates a lot of the problems. Councilman Weber asked Chief Chaplin to present the Council with some ideas on what programs could be implemented or ordinances passed to clamp down on these problems.

Herman Park, 231 E. South Avenue, stated that one night there was a party going on and he went out and threatened everyone. They were quiet for about 30 minutes and then started in again.

Councilman Foster moved to put a street light in the middle of the 200 block of East South Avenue on a new or existing pole, seconded by Councilman Brown. Councilmen Brown, Weber, Ferguson, Mayor Lambird and Councilman Foster voted yes. There were no opposing votes. The motion carried.

5-D Discussion: Allocation of Funds - This item is related to the development of Musgrove Park and was postponed until the August 24, 2009 meeting.

5-E Discussion: Storm Water Management Plan Study - There were five engineering firms that submitted proposals to conduct a Storm Water Management Plan for the City of Olney. City Manager Bukas interviewed four of the firms. He is recommending that the Council authorize him to work with RJN Group from Collinsville, Illinois to prepare a scope of service and contract for future Council approval. It appears that the study will cost anywhere from $80,000 to $150,000.

Councilman Brown asked if it would be better to work with the City’s engineer and the study that was done by the Army Corps of Engineers versus having a second study done that will take 10 to 14 months to complete.

City Manager Bukas responded that the Corps of Engineers study said the City needs to further study the storm water problems. It was estimated by the consultants interviewed that it would cost about $30,000 to look just at the Boone Street area.

Councilman Brown was worried about spending $80,000 to $100,000 on a study and a year from now finding out the City needs to spend another $500,000 on improvements. He thought the City should just use the Army Corps study or scale down the new study. He believed better results would be seen if work started sooner and could be completed.

Councilman Ferguson expressed concern that there was no money budgeted to have a study done. Councilman Weber would like to spend money to do something rather than pay for a study to recommend to do something.

It is believed that some of the work the City has done has helped to alleviate storm water problems, but some work done seems to have made the problems worse. There is an area from Fair to Morgan that is platted as an alley which provides the City an area to do work with no easement conflicts.

Councilman Weber believes there is ditch work that could be done now that would help the situation. Mayor Lambird is concerned that any work done could move the water to Sunshine Village or Doll’s apartments.

Councilman Foster stated that one of the proposals he read said that the Army Corps of Engineering study was completely inadequate and there wasn’t much you could clean out to alleviate the problems. He believes that a utility tax will have to be implemented to pay for the improvements needed. Everyone would be paying a fair share. Unless the City’s engineer can advise what needs to be done, he feels a professional needs to be hired.

City Manager Bukas advised there is $20,000 in the budget for a storm water detention facility by the East Richland Middle School which will help pool the water from Sterchi Subdivision. This project has been put on hold. City crews could clean the ditch from Doll’s apartments to the cemetery, however, the Hunley Drive concrete project may have to be postponed. There is only so much money, equipment and labor force available. It just depends on the priority of the projects to be completed.

City Manager Bukas stated the culvert on Fair Street is smaller than he thought it was. At Boone Street, there is rip rap in the culvert and debris in the stream. Some of the problems could be alleviated if property owners would maintain their ditches. He recently met with Deanna Mitchell of the Richland County Housing Authority. The bridge has been there since 1972 and the culvert was installed in 1995. During the major storm in 2002, water got into their storage shed, but not into their building. An appraiser was hired last week to evaluate the Heller’s property. Once that house is torn down, there will be better access to the creek. Equipment with an operator will have to be leased to get the rip rap out of the ditch on Boone Street.

Councilman Ferguson believes the Hunley Drive project should be completed now by City crews and contract out cleaning the ditch.

City Manager Bukas can meet with the Public Works Coordinator and the Street Department Supervisor to determine how much labor and equipment will be required to clean this ditch and report back to the Council.

Councilman Weber suggested meeting with City Engineer Charleston as well as local contractors who may have ideas and the equipment to make the project more feasible.



Mayor Lambird expressed concern that if the City goes ahead and does this work without recommendation from a study completed by professionals, it may create more problems. He would rather wait and do it right the first time.

Councilman Brown doesn’t want to spend money on a study that recommends $1,000,000 in needed improvements that the City will not be able to do. There are no grants available for a study, however, there may be funds available for construction.

City Manager Bukas reminded the Council that eliminating storm water problems was a high priority project which is why it was decided to have a Storm Water Management Plan Study done. The Council has been made more aware of the problems on Boone Street because the residents are more vocal, however, there are other areas in the City that have problems during heavy rains. Proper maintenance of the ditches, straightening the culvert at Sunshine Village, and replacing the Fair Street culvert with a bigger one may help the Boone Street area.

City Manager Bukas stated that one of the things mentioned by some of the firms was that aerial photographs needed to be done which would cost $15,000 to $30,000. The company Mr. Bukas is recommending does not believe aerials need to be done. The scope of services are what would be negotiated with a firm. The whole issue of having a contract with the firm is so the City can have the work done that it requires. There may be some work that the City crews can do such as inspecting manholes and measuring culverts and ditches.

Each of the firms interviewed was told that funds for a study were not in the current fiscal year budget and that the project may cover two fiscal years.

Councilman Foster stated the Council needs to decide if the whole City should be studied or just the Boone Street area, whether to use funds from the annual budget, use reserves or create a utility tax. A study will provide recommendations on these issues. Councilman Foster believes City Manager Bukas should be authorized to hire an engineering firm to provide a study for the Boone Street/Morgan Street water issues and provide a proposal of what it would cost to do a city wide study.

Councilman Brown moved to work with City Engineer Roger Charleston and the study completed by the Army Corps of Engineer and not negotiate with an engineering firm to complete a study, seconded by Councilman Weber. Councilmen Weber and Brown voted yes. Councilman Ferguson, Mayor Lambird and Councilman Foster voted no. The motion failed.

City Manager Bukas will talk to RJN Group and have a proposed scope of services and costs for the City Council to consider at the August 24th meeting.

5-F Resolution: Oil Derrick Lease with IECC - City Attorney Taylor presented a proposed resolution to approve a 20 year lease with the Illinois Eastern Community Colleges District for land on which the oil derrick is located. The oil derrick and fence surrounding it were recently repainted. The lease provides the ability to renew for another 20 year period. The lease can be terminated by either party with six months’ notice.

Councilman Brown moved to approve Resolution No. 2009-R-55 as presented, seconded by Councilman Ferguson. A unanimous voice vote was received.

5-G Update: Status Report - City Manager Bukas reported the Side Track Agreement was received from CSX. Copies have been sent to the EDA and GWRPC. A question was raised at the last meeting regarding removing the water tower from the East Industrial Park project. The consulting engineer estimates the water pressure will be 23 to 31 psi without the tower. Any time the pressure is below 20 psi would require a boil advisory. This pressure is very low for fire fighting. If there is a water tower, the pressure is 65 to 69 psi. It would be very hard to justify to EDA that a water tower is not needed.

When the contractor was nearing completion of grinding on East Street, they discovered a storm sewer wash out that was three feet deep and four to six feet long. Howell Paving was contracted to repair the wash out. The work should be finished on Wednesday.

The City was notified that its application for funding to construct sidewalks around the school was not funded.

Councilman Ferguson inquired how the water pressure would be affected in the West Industrial Park if the water tower is removed. It was Councilman Foster’s opinion the pressure would be too low to effectively fight a fire. Councilman Weber stated at one time there was discussion to add a high pressure loop on Hall to run down Holly. He was curious as to what the estimated flow rates would be versus just psi. City Manger Bukas will look into this.

5-H Ordinance: Sale of Personal Property - The City owns a 1993 Dodge D150 pick up used by the Park Department which has outlived its useful life for the City. It needs a transmission. City Manager Bukas asked for approval to sell the vehicle through GovDeals.com.

Councilman Foster moved to approve Ordinance No. 2009-16, seconded by Councilman Weber. A unanimous voice vote was received.

5-I Request: Raffle Application - Raffle applications were received from the American Legion and the St. Joseph Church.

Councilman Brown moved to approve the applications as presented, seconded by Councilman Ferguson. A unanimous voice vote was received.

5-J Request: Use of Shooting Range for Annual Meat Shoot -The Olney Firefighters Association has asked permission to use the shooting range at East Fork Lake for a meat shoot on Sunday, November 8, 2009. They will be selling raffle tickets and have asked for the raffle fee to be waived. The range is available on this date and Al Zellmer has been made aware of it.

Councilman Brown moved to approve the request as presented, seconded by Councilman Foster. A unanimous voice vote was received.

5-K Discussion: Hiring of Relatives - City Manager Bukas presented a proposed ordinance regarding hiring relatives in the same area of the City to prevent problems such as personal conflicts being brought into the work place. The ordinance does not prohibit hiring relatives, an employee just can’t be supervised by a relative. No relatives of elected officials can be hired as well. This ordinance applies to employees in the fire and police departments, but not the paid on call firefighters or lifeguards.

This proposed ordinance will be discussed again at the August 24, 2009 Council meeting.

5-L Presentation: Boone/Morgan Street Storm Water Issues - Kay Hugill informed the Council members that Russell Hammond is out of town. She stated there is a hole in the ground where the culverts were installed and do not connect. Also, the briars have never been cut that she was told would be. Her son hired someone to do some other clean up work.

5-M Presentation: Storm Water and Sanitary Sewer Issues - Brian O’Neill presented his ideas on the storm water and sanitary sewer issues in Olney.

6. APPROVE AND AUTHORIZE PAYMENT OF ACCOUNTS PAYABLE AUGUST 11, 2009 - Councilman Weber moved to approve the accounts payable for August 11, 2009, for Pooled Cash $96,450.75, Water Deposit Refunds $1,894.99, Manual Checks for Pooled Cash $140,524.66, Motor Fuel Tax $13,739.31, EDA Fund $30,000.00, Levied Insurance $2,118.25, and Tourism $8,637.50, seconded by Councilman Brown. A unanimous voice vote was received.

7. EXECUTIVE SESSION: COLLECTIVE NEGOTIATING MATTERS - Councilman Foster moved to adjourn to executive session to discuss collective negotiating matters, seconded by Councilman Weber. A unanimous voice vote was received.

Councilmen Foster, Brown, Weber, Ferguson, Mayor Lambird, City Manager Bukas, City Attorney Taylor and Deputy City Clerk Harlan 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 Weber. A unanimous voice vote was received. Open session resumed at 9:41 p.m.

8. POSSIBLE ACTION ON ITEMS DISCUSSED DURING EXECUTIVE SESSION - There was no action taken as a result of executive session.

9. REPORT: ELECTED AND APPOINTED OFFICIALS - Councilman Brown inquired what the next step was on the property at 1012 W. Butler St. A notice will go out to the owners of the repairs that need to be made. Councilman Brown prefers that the house be deemed unsafe so that the house can be torn down.

Councilman Weber asked if the City has a ditch and culvert maintenance program in place other than responding to complaints. City Manager Bukas will discuss this with the Street Department Supervisor.

9-A Proclamation: Congressional Medal of Honor - Mayor Lambird is proclaiming September 15, 2009 as Alfred M. Wilson Day in honor of Mr. Wilson who was killed in action on March 3, 1969 in Vietnam. He was awarded a Medal of Honor for his sacrifice to our country. Next month a convention will be held in Chicago to honor the medal of honor recipients. Illinois municipalities were given the opportunity to pass proclamations to honor the recipients associated with them.

10. REPORT: CITY MANAGER - City Manager Bukas reminded the Council members of the Illinois Municipal League conference information which was included in their packets. The Council members were asked to contact Mr. Bukas if they plan to attend.

11. ADJOURN - Councilman Foster moved to adjourn, seconded by Councilman Brown. A unanimous voice vote was received. The meeting adjourned at 9:48 p.m.



Cindy L. Harlan
Deputy City Clerk