Lincoln, Illinois

City Council Committee's Meeting

April 26, 2011

 

Minutes of the City of Lincoln City Council Committees' Meeting held in the Council Chambers

on Tuesday, April 26, 2011.

 

Those present were Alderman Anderson, Alderman Armbrust, Alderman Bacon, Alderman

Busby, Alderman Hoinacki, Alderman Horn, Alderman O’Donohue, and Alderman Tibbs. Also

present were Mayor Snyder, City Clerk Mrs. Martinek, City Attorney Mr. Bates, City Treasurer

Mr. Conzo, and Recording Secretary Mrs. Riggs.

 

Mayor Snyder called the meeting to order at 7:00 p.m. There were eight Aldermen present

(Alderman Anderson, Alderman Armbrust, Alderman Hoinacki, Alderman Horn, Alderman

Neitzel, Alderman O’Donohue, and Alderman Tibbs) and two absent (Alderman Neitzel and

Alderman Wilmert).

 

The Mayor asked for the Committees' Issues to be Presented:

 

Finance, Policy and Procedure:

Chairman Alderman Anderson said she did not have a report.

 

Fire/Water & ESDA:

Chairman Alderman Horn said that she did not have anything for the agenda but that Fire Chief

Miller had a few things that were going on.

 

Fire Chief Miller said to give them an update there has been work in the station for the Exhaust

System for the apparatus and should be done by the end of the week. It came in under budget

so they are going to have access to $5,522.00 that they will be able to apply for another safety

project here at the fire station. They are in the process of installing a generator at the fire station

and if it is all right they had a generator donated to the Fire Department and City Hall by Eaton

Corporation so they will be getting the work done on that starting tomorrow. He said they would

get an official thank you out to them.

 

Mayor Snyder said they appreciate Eaton and their willingness to help the city out with a

generator as well as a switch. They got that delivered to the plant and Fire Chief Miller picked it

up today.

 

Grounds, Buildings and Local Improvements:

Chairman Alderman Tibbs she commented about the Paint the Town Red and that they were

very beautiful.

 

Alderman Tibbs said she wanted to bring up about the sale of the property on South Kickapoo.

 

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Mr. Tackett said the land that the Rubicon was built back in the 30’s or so runs through there

and opens an area by the railroad track. We actually don’t know at this point in time what our

CSO monitoring plan will tell us to do the next 10-15 years. The land is so close to the Rubicon

and even if we get a 20 foot easement it will not leave much land. His recommendation to the

Council is not to sell because it could become a very tedious situation with that area.

 

Alderman Tibbs said she was going to honor that decision and she didn’t know if any of the

other Council members had a problem with that.

 

Mr. Bates said on the same topic if the city is not going to sell based on my conversations with

Mr. Gaston he thought it would be a good idea to get some idea Mr. Mathon where our line is.

He got the impression to use that land whether we sold it or not. We should probably know

where our line is in case there is a fence that goes up which I think it is going to go up.

 

Mr. Mathon said he had two quotes on legal boundary survey. One was a definite $1,200.00

firm and the other was a range of $1,200.00 to $1,500.00 they both felt almost identical.

 

Mr. Bates said he didn’t know if the city wanted to take on that expense or what and see what

happens. It would be in the best interest of the city if they are going to keep it to know where the

line is.

 

Alderman Tibbs agreed. Alderman Hoinacki said they at least needed to know the dollar amount

once it is finalized so we can either say yes or no.

 

Mr. Bates said not if there is a firm bid. I think you probably are going to want to know where

your line is as we go down the road.

 

Alderman Bacon thought it would be $1,200.00 well spent. Alderman Tibbs said she thought it

should be documented so go ahead and put this on the agenda to vote on that (survey).

 

Alderman Tibbs said she wanted to tell the Aldermen if they have a soft heart and would like to

help with some painting we are going to start masking off and it would be done after hours in the

hall downstairs where we greet everyone. They will be painting tomorrow evening after hours.

 

Mayor Snyder said he had gotten an email from Mike Fak the Editor of Lincoln Daily News

and he inquired into what the proper procedure might be to give permission to get a box by the

other newspaper boxes near the drop boxes on Kickapoo Street. There are three boxes there now

which he thought were the Courier, Pantagraph and Journal and there is room for another box

or two. Lincoln Daily News would like to have a box there to place these business directories.

He said if there were problems with it they could talk about and if not they could give them the

authority to go ahead and put the box there.

 

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City Council Committee's Meeting

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Alderman Tibbs said there are new signs at the recycling bins.

 

Sewer Treatment Plant, Sewers and Drainage:

Alderman Busby said a number of months ago brought up a possible contract with American

Water. They are not going to change that negligence clause and he wanted to take a poll to see if

the Council would be willing to take a chance, possible litigation against us.

 

Alderman Anderson said after a number of long discussions today about other matters and

realizing that we are $233,000.00 in arrears for sewerage payments she thought they almost had

to if they were ever going to start collecting on any of these things. It is almost a quarter of a

million dollars.

 

Alderman Tibbs asked Mr. Bates what his suggestion. Mr. Bates said he could not recommend

the contract because of the language. Mayor Snyder the remaining issue they have with the

contract is the language with regard to the water company’s negligence.

 

Alderman Busby read “If a claim of any nature whatsoever rising out of the company’s provision

of service described hereunder, other than a claim rising out of the company’s sole gross

negligence is made against the company or any director, officer, employee or agent thereof

the city shall indemnify and save harmless company and its aforesaid representatives and shall

reimburse them for all expenses incurred by them defending them against such claim, including

attorney fees and costs of litigation and the amount for which they are found liable which the

company or any of them with the city’s consent pays a settlement of neglect.”

 

Mayor Snyder said the concern there is that 1) this would fall outside of the city’s normal

liability coverage and 2) if there were awards it would have to come out of the city’s general

fund and the gross negligence could lead to basically two lawsuits on a claim. One is the

claimant and one with Illinois American Water.

 

Mr. Bates said that was correct. Contractual liability is not a liability you otherwise have in your

agreement due by contract. Most liability policies exclude contractual liability.

 

Alderman Bacon said all it takes is one lawsuit and it will be more than that quarter of a million

dollars in costs out of the city’s budget. It depends on what happens and what the incident is.

She was not going to vote for it without that.

 

Mr. Bates said he had a contract there that says the company will not be liable for any loss,

damage or other claims asserted by the city users, the owner and/or tenant of the premises or the

water customer of the city or any other person or corporation or any based upon or arising out of

the termination of the water service at the request of the city as provided by statute.

 

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Mr. Bates said the city agrees to indemnify, defend and hold harmless the company and its

employees and agents harmless from against any and all claims including attorneys’ fees,

complaints or causes of action with a judicial administrator or otherwise arising out actions taken

by the company pursuant to request of the city in the court in section 2. He thought that might be

the last language proposed because the Mayor and I went back to them with language right out of

the statute and they declined to do that and he thought that was the second draft he just read and

it was really broader than their first in their favor.

 

Alderman Busby said there is a possibility that we can go another way. He is going to have Mr.

Bates tell him if it can be done or not and that is through small claims court.

 

Mr. Bates said you can turn them over for collection or if you don’t want to turn them over to

collection they can institute suits in small claims court. There are obviously fees involved in

that and he didn’t know what the collection fees would be compared to what the fees are for

American Water are in this contract and didn’t know how they would compare. The direct

answer to your question is yes they can be pursued either through a collection agency and if they

were not successful then they could take them into small claims court or you could take them to

small claims court.

 

Mayor Snyder said we have liens against the property for the larger ones.

 

Mr. Bates said all the delinquent ones have liens filed they don’t know that but he was assuming

they have the liens. One of the biggest problems they are encountering with the liens and

viability of getting anything collected by a lien we lose all of our liens in foreclosure and

bankruptcy proceedings and that is what is dominating the market right now. I can’t tell

you how many foreclosure complaints in the course of a week because the city is named as a

defendant because we have a lien on the property for sewerage. We lose it because there are

no houses selling in foreclosure for more than what is owed to the bank and we are an inferior

lien to the bank. In order to enforce a lien on somebody that hasn’t paid we have to file a lien

foreclosure suit and that is prohibitively expense. The only way the lien becomes fruition is if

you have a sale of the property and they have to clear that lien up before they clear title to the

buyer. He said he had been doing collections and small claims for 32 years. Collections and

small claims is harder and harder because the people you are taking to small claims is not the

only builder not paying predominantly they don’t have jobs and unless the Judge is really hard

on them and makes them pay something or sometimes there is the threat of going to jail they

usually pay. In order to do wage deductions in the State of Illinois they have to be working a

40 hour a week job and at least $9.00 an hour and not having any child support orders on file

because child support comes first.

 

Mayor Snyder said if this contract were to be approved the water company would only

disconnect the people that we tell them we want to be disconnected.

 

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City Council Committee's Meeting

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Alderman Busby said there is one individual that is about $12,000.00 behind and it is because he

owns a number of homes.

 

Mayor Snyder said the other issue for him is the tenant/landlord issue where the tenant may be

up to date on the water bill and up to date on the rent but the landlord for whatever reason isn’t

paying the sewer bill and shut the water off and the tenant is the one affected.

 

Mr. Conzo said they should charge a security deposit for new service. Alderman Hoinacki said

they should go out for bids on collection agencies and see what the percentages are out there

and they could always reject the bids. Alderman Busby said they would start out with the high

ones first and asked to put on the agenda the contract with American Water for disconnection.

Alderman Hoinacki asked if they could also put on the agenda to go out for bids for collections.

Mr. Bates said they could contact two or three and have them give you proposals. Mr. Conzo

said they could give different subscribers to different collection agencies. Mr. Bates said they

could use more than one. Denise was to get three collection agencies.

 

Alderman Armbrust said why don’t they do it the old fashioned way. Dig it up and put a notice

in the yard sewer shut off for lack of payment for amount they owe.

 

Mr. Tackett said he didn’t have a problem with putting the doorknockers out to see if they could

get some money from it. It is an epidemic.

 

Mrs. Anderson thought it was a good idea particularly for some of the bigger ones. Mr. Bates

said he guaranteed that if they put the word out that they were starting some procedure you are

going to get serious about it and he didn’t care what form (collections, water shut off, dig up) but

start anyone of those and do it aggressively they will start paying.

 

Police:

Chairman Alderman Hoinacki said Police Chief Greenslate had passed out a proposal for an

early retirement in the police department for informational purposes. He also had a request for

stop light to be covered on May 28 from 8-noon for poppies and asked to have it on the agenda.

He also had a request from the Cub Scouts and Girl Scouts clean sweep and asked for it to be on

the agenda for Saturday, June 4 and asked that be on the agenda.

 

Ordinance and Zoning:

Chairman Alderman O’Donohue said he did not have a report.

 

Sidewalks, Forestry and Lighting:

Chairman Alderman Armbrust said he did not have a report.

 

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City Council Committee's Meeting

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Insurance:

Alderman O’Donohue said due to logistics we are going to switch the insurance but we are

doing it on June 1 instead of May 1 and are going to renew their contract with Blue Cross/Blue

Shield for one month. In the state of Illinois it is a month to month contract. This will help the

company to come in and have meetings with the employees.

 

Alderman Anderson thought they would be able to have informed, thoughtful to think about

what direction they want to go. Alderman O’Donohue said Nancy was already getting phone

calls from employees asking questions.

 

Streets and Alleys:

Vice Chairman Alderman Bacon said she had a petition for a curb break at 628 21st Street to put

in a driveway for Thomas Frost at 707 Wichita and asked that it be on the consent agenda.

 

Sanitation/Technology:

Mayor Snyder said everyone should have received a copy of the letter from the County Board for

the Animal Control contract this coming year $38,367.80 and asked to have it on the agenda for

approval.

 

Mr. Mathon said they had an intergovernmental agreement for 5th Street Road with Logan

County and Broadwell Township and it was for a term of 5 years and it is towards the end of this

May. He has been discussing with the County engineer and what they have talked about and

proposed is renew the existing agreement with a few revisions. The city would take over the

maintenance of the quarter mile section that is currently the county’s and for doing so the county

would transfer to the city $10,000.00 into the city’s motor fuel tax fund in order to support those

costs they would incur in performing that maintenance. The maintenance would include the

same level of maintenance that we already perform on the adjacent section that is the city’s that

would be snowplowing, seal coating as necessary, patching, dressing shoulders, and cleaning

ditches and the last two items are very infrequent basis that anything of that nature occurs. The

maintenance they are talking about in the very near term would take up less than half of the

$10,000.00 that is proposed to transfer to the city. That is a one time amount. There is no sunset

to the agreement, the revised agreement.

 

Mr. Jackson said the first time it will be higher because they are going to do an eight two

possibly three coat on it where normally you would just do it one time so that is why the expense

is a little higher right off the bat. We are trying to level it off where it like the rest of the road.

 

Mayor Snyder said that section of road if you have been out there is noticeably rougher than the

rest.

 

Mr. Mathon said he recalled a question that was brought up since it doesn’t specify in the draft

what level of service that maintenance would entail.

 

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Mr. Mathon said also there was a clarification needed that the $10,000.00 for taking on the

maintenance responsibility was a one time amount and also to specify at what time that transfer

would be made. Mr. Bates thought those things should be incorporated in the agreement. Mr.

Mathon said he had sketched out where those could be made and they would just be basically

revising a couple of sentences to include those specific statements.

 

Mr. Bates said typically the maintenance required on the section will be no greater than the

maintenance we perform on any city of ours. The $10,000.00 will be paid upon execution of the

agreement.

 

Mr. Mathon said correct that is what it specifies for the maintenance responsibility is transferred

upon execution of the revised agreement. Mr. Bates asked if we were getting the township

part of the maintenance or just the county. Mr. Mathon said just the county. Mayor Snyder

asked if they should wait for the county’s approval or go ahead and put it on the agenda with

those changes. Mr. Mathon said the revision was based off the existing agreement and was put

together by the county engineer. Mr. Bates said they could put it on the agenda subject to the

changes being made and the board voting. Mayor Snyder asked if they could have a revised,

revised agreement by Monday and Mr. Mathon said absolutely. Mr. Mathon said he didn’t know

if it would run through the county. Mr. Bates said maybe you should have the county approve it

first and then we will approve.

 

Alderman Tibbs asked about Goody’s where they have put in the pump station. Mr. Mathon said

the contractor had not finished because it was too muddy.

 

Mayor Snyder reminded everyone they would swear in 7 Aldermen.

 

Alderman Anderson said I move to go into Executive Session under 5 ILCS 120/2(c)(1) to

discuss performance & compensation employees and Alderman Horn seconded it. City Clerk

Mrs. Martinek called the roll call. There were eight yeas (Alderman Anderson, Alderman

Armbrust, Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman O’Donohue, and

Alderman Tibbs), zero nays, and two absent (Alderman Neitzel and Alderman Wilmert); motion

carried. The meeting adjourned to Executive Session at 8:10 p.m.

 

The meeting returned to regular Session at 9:00 p.m. City Clerk Mrs. Martinek called the roll

call. There were eight present (Alderman Anderson, Alderman Armbrust, Alderman Busby,

Alderman Hoinacki, Alderman Horn, Alderman Neitzel, Alderman O’Donohue, and Alderman

Wilmert), zero nays, and two absent (Alderman Neitzel and Alderman Wilmert); motion carried.

Also present were City Attorney Mr. Bates, Mayor Snyder, City Clerk Mrs. Martinek, City

Treasurer Mr. Conzo, and Recording Secretary Mrs. Riggs.

 

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Alderman Busby made a motion to adjourn the meeting and Alderman Anderson seconded

it. There were eight yeas (Alderman Anderson, Alderman Armbrust, Alderman Hoinacki,

Alderman Horn, Alderman Neitzel, Alderman O’Donohue, and Alderman Tibbs), zero nays, and

two absent (Alderman Neitzel and Alderman Wilmert); motion carried.

 

The City of Lincoln Committee’s as a Whole Meeting adjourned at 9:01 p.m.

 

Respectfully submitted,

 

Risa Riggs

Recording Secretary