Regular City Council Meeting
June 1, 2009
The Mt. Vernon City Council met in Regular Session on Monday, June 1, 2009 at 7:00 p.m. in the Rolland W. Lewis Community Building at Veterans Park.
Mayor Mary Jane Chesley called the Regular Meeting to order. Reverend Ron Lash of Corinthian Baptist Church gave the invocation.
The Pledge of Allegiance was given.
Roll call showed present: Council Member Mary Burgan, Council Member Dennis McEnaney, Council Member Todd Piper, Council Member David Wood and Mayor Mary Jane Chesley.
The journal for the May 18, 2009 Regular City Council Meeting was presented for and additions, deletions, or corrections. Motion by Council Member Mary Burgan to approve the journal for the May 18, 2009 Regular City Council Meeting as presented. Second by Council Member Todd Piper. Yeas: Burgan, McEnaney, Piper, Wood and Chesley.
The Consolidated Vouchers for Accounts Payable for June 2009 in the amount of $430,025.62 were presented for Council’s consideration. Motion by Council Member David Wood to approve the Consolidated Vouchers for the June Accounts Payable in the amount of $ 430,025.62 as presented. Second by Council Member Dennis McEnaney. Yeas: Burgan, McEnaney, Piper, Wood and Chesley.
City Manager Ron Neibert presented to Council the bids received for the MFT and General Corporate Street Programs. The bid results were as follows:
MFT
Group #1 $127,212.54 Jax Asphalt
Group #2 $ NO BID
Group # 3 $ 11,450.00 Jax Asphalt
Group # 4 $ 25,190.00 Jax Asphalt
Group # 5 $ 16,732.00 Beelman Trucking
Group # 6 $138,571.14 Jax Asphalt
Group # 7 $ 13,788.00 Beelman Trucking
TOTALS ______________
$ 332,943.68 Difference in Bid & Engineers Est. $ 33,700.02
GENERAL CORPORATE
Group # 8 $ 33,433.38 Jax Asphalt
Group # 9 $ 35,081.28 Jax Asphalt
______________
TOTALS $ 68,514.66 Difference in Bid & Engineers Estimate $ 4,078.79
Council Member David Wood asked if the difference in the funds would be put back into the budget to use later. $32,000.00 to MFT and $ 4,000 to General Corp. City Manager Ron Neibert stated that the $32,000.00 for MFT will stay in the MFT Fund or until the Council authorizes it to be used at a later date. The $4,000.00 in the General Corp will stay in the General Corp Fund and can be used to reduce the deficit. The MFT money can be used to do more MFT streets. Motion by Council Member David Wood to Approve the Bid Results for the low bids for the MFT and General Corporate Bids as presented. Second by Council Member Mary Burgan. Yeas: Burgan, McEnaney, Piper, Wood and Chesley.
City Manager Ron Neibert stated that the City is seeking Proposals for Banking Services. The current agreement has expired and has been on going for six months or so due to the City working on the budget and changes in Council. It is now time to seek proposals. This is for the checking, payroll, and general operations, etc. The proposals are open to all local banks to send proposals. This is typically done every five years. Motion by Council Member Mary Burgan to Approve the Request to Seek Proposals for Banking Services as Requested. Second by Council Member David Wood. Yeas: Burgan, McEnaney, Piper, Wood and Chesley.
City Manager Ron Neibert presented for Council’s consideration a Request to Seek Bids for One New Police Squad Vehicle. Mr. Neibert stated that there are five replacement vehicles in the budget for this year. Last council meeting we went out for bid for a vehicle through the State Purchasing. This would be a second vehicle and we are trying to get a grant for the other three. Motion by Council Member Todd Piper to Grant the Request to Seek Bids for a Police Vehicle. Second by Council Member Dennis McEnaney. Yeas: Burgan, McEnaney, Piper, Wood and Chesley.
City Manager Ron Neibert presented for Council’s consideration a Request to Seek Bids for Capital Equipment. Mr. Neibert stated that these are items talked about in the budget meetings that are to be Capital Equipment. Some of the items are 3 backhoes, a 6,000 gallon oil tank, restrooms for the Park, a HVAC system for the Rolland Lewis Building at the Park, roof repairs at the Park building, dump trucks, both new and used, a truck lift for the mechanics, and a steel roller for the streets are some of the items requested during the budget process. Council Member Dennis McEnaney asked where the funding comes from for these purchases. City Manager Neibert stated that the funds are from the new taxes last year. Council Member Wood asked if there were estimates on the amounts needed for the purchases. Mr. Neibert stated that he had given Council a list of the amounts. The timing of the purchases will be done by bids, so it will take a while to purchase due to having to advertise for bids and receive them. Council Member Piper asked if the large equipment would be purchased locally. Mr. Neibert stated that it is if available. Council Member Piper asked if the pool repairs mentioned would put the pool up to use this year, including the children’s pool. Mr. Neibert stated that it would for this year. Council Member McEnaney stated that he is concerned about spending capital funds until after the first quarter budget reviews. Motion by Council Member David Wood to Approve the Seeking of Bids for Capital Equipment and Expenditures as requested. Second by Council Member Todd Piper. Yeas: Burgan, McEnaney, Piper, Wood and Chesley.
City Manager Ron Neibert presented for Council’s consideration a Request to seek bids to paint the Municipal West Building. This building has not been painted in several years and has had graffiti sprayed on it. The building is 20 some years old and has only been painted one time and the paint used then did not hold up very well. The funds for this project will come out of the Tourism Department budget and was approved in the budget process. Motion by Council Member Dennis McEnaney to Approve the Seeking of Bids to paint the Municipal West Building. Second by Council Member Mary Burgan. Yeas: Burgan, McEnaney, Piper, Wood and Chesley.
City Manager Ron Neibert asked that an Executive Session be held following the Regular Council Meeting Regarding Litigation and Personnel.
City Attorney David R. Leggans presented for Council’s consideration a Second Reading of an Ordinance Approving an Amendment to the Loud Stereo Ordinance. Police Chief Chris Mendenall stated that the City has had an Ordinance against loud stereos for several years. Chief Mendenall stated that his office gets numerous complaints on this. The fine was $50.00 for the first ticket if your stereo is too loud at 75 feet away. Not all of the complaints are for vehicles, but 60 to 75% of them are. Chief Mendenall stated that they have issued many tickets but it has not had a very large deterrent on this issue. Chief Mendenall stated that over the past 3 years or so, they have received over 1,500 complaints and issued as many as 1,000 tickets. One individual had 24 tickets in two years. Chief Mendenall stated that he has done a study of other communities to see what their Ordinances on this are. He stated that Carbondale’s first ticket is $100.00; the second ticket is up to $750.00 with mandatory court appearance. Springfield’s first ticket is $250.00 with the second being $500.00, and the third at $750.00. Decatur is $500.00 for the first ticket and every ticket after. Salem is $100.00 for the first ticket, $250.00 for the second ticket and $500.00 for any other. Mandatory tow with the first offence and they hold the vehicle until the fines are paid or the court date. A lot of the cities had towing with their fines. Chief Mendenall stated that we are not picking on young people, but they need to learn that they cannot do this.
Council Member Mary Burgan stated that the City is not against this business, and they get so many calls involving this type of complaint. City Manager Ron Neibert asked how many tickets the City of Salem has issued. Chief Mendenall stated that it only took 3 tickets to get the attention of the residents and offenders. Council Member David Wood stated that we are consistent with some of the other cities and leaner than some. He asked more about the towing of the vehicles. Chief Mendenall stated that he feels that towing is a bit too aggressive. Council Member Burgan asked if we would be able to collect these fines. City Attorney David R. Leggans stated that it is hard to collect fines. We cannot collect if the offender is not a local person. Council Member David Wood asked if we could amend the Ordinance to include towing. City Attorney David Leggans spoke regarding mandatory court appearances. Council Member Dennis McEnaney asked what percentages of the complaints were in residential areas. Chief Mendenall stated that almost all of them are residential and from 6 p.m. to 12 p.m. time frame.
Mr. Kevin Greene spoke in objection to this Ordinance. He stated that his business sells and installs car stereos. Mr. Greene stated that it is not the music that is loud; it is the bass on the stereo. Council all understood this because that is what makes the boom-boom and the windows rattle on people’s homes.
A resident spoke and stated that he feels it is invasive when he is sitting at home and a car goes by, even within 2 blocks and rattles his windows. Another resident, Mr. Attaway stated that at his area it is all day every day. He stated that he has called several times to report to the police. Another resident Dr. Theresa Stutler stated that she is happy that we are working on a noise nuisance. She also stated that she has her windows shake if they may be 3 blocks away. Mr. Rolland Mays spoke regarding this problem. Mr. Mays stated that he loves music and is a music teacher, but his neighborhood gets the noise a lot of times at 2 or 3 a.m. Mr. Mays asked if there is a towing fee imposed, would there also be a storage fee until the fines are paid. Mr. Jim Miller also spoke regarding the noise. He stated that he is not against music, but these vehicles are too loud and very disturbing. Mr. Larry Griffin stated that it is not the use, it’s the abuse. He asked if people would complain if he turned up very classical music and rode around town. Council Member Mary Burgan stated that she is very happy that everyone came out to talk about this. Council Member David Wood asked if the Police Chief could monitor and let Council know if we need to add the towing part on to this Ordinance. Motion by Council Member Mary Burgan to Adopt Ordinance # 2009-18, an Ordinance Approving an Amendment to the Loud Stereo Ordinance. Second by Council Member David Wood. Yeas: Burgan, McEnaney, Piper, Wood and Chesley.
City Attorney David R. Leggans presented for Council’s consideration a Resolution Approving a Revolving Loan Fund Agreement with John Paul and Johnna Braswell. City Manager Ron Neibert stated that this is a request for a $165,000.00 Revolving Loan for the Braswells. They plan to build a facility for Spee Dee Delivery Service Inc. to operate out of. The loan is a 3% loan. The Revolving Loan Committee voted unanimously to approve this loan. The rule is to create 1 new job per each $15,000.00, so this would mean 11 or 12 new jobs. This would be a 10 year loan with a 20 year amortization. Mr. And Mrs. Braswell are present for any questions. Council Member David Wood stated that he is happy that the business has chosen to work in Mt. Vernon. Council Member Mary Burgan stated that she appreciates the business coming into Mt. Vernon. Mrs. Burgan stated that she knows that this is a very strong company and she is happy that we are creating new jobs for the area. Motion by Council Member David Wood to Approve the Resolution Approving a Revolving Loan for the Braswells as presented. Second by Council Member Todd Piper. Yeas: Burgan, McEnaney, Piper, Wood and Chesley.
City Attorney David R. Leggans presented for Council’s consideration a Resolution Authorizing the Giving of Notice of Dangerous and Dilapidated Structures for Property Located at: 713 S. 17th Street, 825 S. 18th Street, 1001 Welkins, 702 Forest, 811 North 11th Street, 106 N. 4th Street and 1020 South 20th Street. City Manager Ron Neibert stated that this is the next step the City must take before demolition procedures are taken. Council Member Dennis McEnaney asked for an explanation of the procedures for this and if the City is able to recover their costs in these proceedings. City Manager Ron Neibert explained the proceedings and how long it takes to get to the actual demolition process. He also explained that to recover their costs, the City usually does not recover all of the costs as we end up selling the lots for usually $1,000.00 or so. Council Member Wood asked Mr. Neibert to explain how these buildings are picked, when others may be in worse condition. Mr. Neibert stated that due to the notification process and court processes, these buildings may not be the worst ones in town, but they are ones that have been in the process for a while. The process is usually 6 months before demolition. The City did not do many demolitions last year due to funding. The costs use to be funded by grants. Motion by Council Member Todd Piper to Approve the Resolution Authorizing the Giving of Notice of Dangerous and Dilapidated Structures for Properties Located at: 713 S. 17th Street, 825 S. 18th Street, 1001 Welkins, 702 Forest, 811 N. 11th Street, 106 N. 4th Street and 1020 S. 20th Street as presented. Second by Council Member Dennis McEnaney. Yeas: Burgan, McEnaney, Piper, Wood and Chesley.
City Attorney David R. Leggans presented for Council’s consideration a Resolution Requesting IDOT Approval for Temporary Closure of Portions of Main Street and Broadway from 4th Street to 12th Street and from Harrison to Newby on 10th Street for the Purpose of the Annual Southern Illinois Harvest Festival Parade on October 17, 2009. Mayor Mary Jane Chesley asked Derrick Quitsch to come forward and speak about the Harvest Festival. Derrick introduced his co-chairperson Dawn Heacock. Together they spoke about new items that they are bringing to the festival this year and their hopes for the parade. Mr. Quitsch stated that there are going to be a lot of marching bands this year. He stated that they are also increasing the other activities for the rest of the week. The festival runs from October 10 through the 18th. The theme for this year is “Remembering 9/11”. Mrs. Heacock stated that she would like to have some type of pageant along with the festival this year.
Mr. Quitsch introduced Mr. Rob Ring. He is a co-owner of the Southern Illinois Truth, a new IBL Basketball team locally. Mr. Ring stated that the players are from the area, Mt. Vernon, Centralia, Flora, Salem, etc. Mr. Ring gave Council handouts regarding the team and when they would be playing in the area. Mr. Quitsch stated that he and Mr. Ring are trying to set up some basketball activities with the Truth players for the Harvest Festival. Mr. Ring stated that he hoped that the Council would help and support the ball team. The team will play in Mt. Vernon on June 20.
Mayor Mary Jane Chesley asked for the advice and consent for the re-appointment of Joyce Secrest to the Tourism Advisory Board. Motion by Council Member Mary Burgan to re-appoint Joyce Secrest to the Tourism Advisory Board. Second by Council Member David Wood. Yeas: Burgan, McEnaney, Piper, Wood and Chesley.
Mayor Mary Jane Chesley asked for the advice and consent for the appointment of Laura Thacker to the Historical Preservation Commission. Mayor Chesley stated that Mrs. Thacker owns and operates the 9th Street Grill and lives above the business. She is very interested in the historical preservation of the downtown buildings. Motion by Council Member David Wood to approve the appointment of Laura Thacker to the Historical Preservation Commission. Second by Council Member Todd Piper. Yeas: Burgan, McEnaney, Piper, Wood and Chesley.
Mayor Chesley reminded everyone that the City Fire Department would be holding fireworks training classes. This is a very successful training locally.
Mayor Mary Jane Chesley stated that the Mt. Vernon Township Lady Rams have been very busy lately. Margo Richardson placed in the IHSA 2A Track and Field and won the two-mile and the one-mile. She also placed 2A in the Cross Country and set a new school record for the mile. She is a junior at Mt Vernon High School. Also, Kenzie Tate was voted the South 7 MVP with 184 strikeouts. She is a sophomore.
Council Member David Wood stated that he has had many complaints regarding the railroad crossings, especially the ones east of Mt. Vernon and on 27th Street. Mr. Wood wanted to know who to address these types of complaints to so that they will be taken care of. Who is the City to contact, who is responsible? City Manager Ron Neibert stated that it is the railroad’s responsibility to keep the tracks up, not the City. When things have been reported to the railroads, they say that money is tight and they do not have the funds to do the repair at this time. City Manager Neibert gave out a website for the ICC Railroad www.ICC.IL.Gov, a phone number for UP 1-888-870-8777, and the CSX Railroad number 1-812-838-5810.
EXECUTIVE SESSION
Motion by Council Member David Wood to go into Executive Session Regarding Litigation and Personnel. Second by Council Member Mary Burgan. Yeas: Burgan, McEnaney, Piper, Wood and Chesley.
Following the Executive Session Council returned to Open Session at 9:30 p.m. Motion by Council Member Todd Piper to adjourn this Regular City Council Meeting. Second by Council Member Mary Burgan. Yeas: Burgan, McEnaney, Piper, Wood and Chesley.