Ordinance Committee Meeting Minutes

Date: Wednesday, December 14th, 2011
Place: City Hall Council Chambers

Due to absenteeism there was no quorum but items were discussed.


The Simplified Municipal Telecommunications Tax Rate Change Ordinance was discussed and everyone agreed to take our 1% tax rate and bring it up to 6% the maximum allowed by the State of Illinois to charge. Brookport and Joppa have already taken advantage of this tax rate. They all felt the extra revenue we would collect by the increase is another way to save jobs. There was not a quorum at the time when this was discussed the consensus of those present was to take it before the Council.

The Committee discussed if we are going to have an Advisory Council or let the existing Insurance Committee handle the issues. Either way we still can have a recommendation to the Council to have the final decision.

The Committee present decided we need a motion to allow Chad Murray with Mapping and Zoning to experiment the Teardrop Flag program

Chad Murray with Mapping and Zoning came before the Committee to inform them he had spoke with Stacy Watson about the Teardrop Flags, and she has several business interested. We would not need to modify the Ordinance we have now if they attached the flags to their buildings, only if we put them in a sleeve in the City sidewalks. Chad will keep the Committee informed when the business decide how they are going to the flags. Downtown is zoned a C-3 and uptown a C-2.



















Date: Tuesday, November 22nd, 2011
Time: 2:40 p.m.
Place: City Hall Council Chambers


Roll Call
Daughtery Present
Barfield Present
McManus Present
Midnight Present

Moved by Alderman David McManus and Seconded by Robert Midnight to approve the minutes of the previous meeting held 09-07-2011 as presented: MOTION CARRIED
Daughtery Yea
Barfield Yea
McManus Yea
Midnight Yea



The Committee discussed the maximum time allowed for the Absenteeism Ordinance; the time was between 132 days -6 months or 198 days -9 months. The consensus of the Committee was 198 (9 months).





Moved by Alderman David Daughtery and Seconded by Alderman David McManus to recommend to the full Council to take action to adopt an Ordinance adopting a policy on Maximum Absenteeism;
MOTION CARRIED:
Daughtery Yea
Barfield Yea
McManus Yea
Midnight Yea


Moved by Alderman David Daughtery and Seconded by Alderman Robert Midnight to recommend to the full Council to take action to adopt an Ordinance Amending Medical Leave Act Policy;
MOTION CARRIED:
Daughtery Yea
Barfield Yea
McManus Nay
Midnight Yea

Moved by Alderman David Daughtery and Seconded by Charles Barfield to adjourn: TIME 3:00
Daughtery Yea
Barfield Yea
McManus Yea
Midnight Yea

















Date: Thursday, September 7th, 2011
Time: 1:57 p.m.
Place: City Hall Council Chambers


Roll Call
Daughtery Present
Barfield Present
McManus Present
Midnight Present

Moved by Alderman Robert Midnight and Seconded by Charles Barfield to approve the minutes of the previous meeting held 07-07-2011 as presented: MOTION CARRIED
Daughtery Yea
Barfield Yea
McManus Yea
Midnight Yea


Moved by Alderman David Daughtery and Seconded by Alderman Robert Midnight to recommend to the full Council to take action Nuisance Ordinance;
MOTION CARRIED:
Daughtery Yea
Barfield Yea
McManus Yea
Midnight Yea

The standard abatement process is as follows:
John will give a notice, then he will check and determine if the property owner has complied, if not then he will turn it over to the City for mowing or debris removal; after the abatement occurs, the City provides the cost information. Notice of lien is prepared and recorded at the Court House, attaching the new ordinance, serving the person on the last tax bill by certified mail, within one year after the cleanup is done; the lien is good 2 years after it is recorded. When the property is abandoned for 90 days the City will make a good faith effort to find the owner of taxed property; notice will be recorded as before. The City will wait till the bank has foreclosed; we do not have to be present at the sheriff’s sale, but will get our money for the lien at the confirmation hearing. This is held to approve the sale and before the Sheriff’s deed is granted. This ordinance will allow the City to get some of their money back. Ordinarily foreclosure would wipe out all other liens. This new ordinances gives us some protection. We will have to document the abandon properties; if not we are just mowing. This just gives us more documentation even if we are still cleaning the property. We also have to give the bank 30 days notice before the property can be abated by the City. We can continue to write tickets; until a judge awards the property to the bank, the property holders are still the owner and responsible. Corporate Counsel added bankruptcy doesn’t affect abatement; we can still write tickets on the property.


Liquor by the drink ordinance was discussed and changes made before taking to full Council. Seating went from 75 minimum to 50. Alderman David McManus noted C-3 in the new ordinance might hurt the local clubs. The mayor stated this was not instrumented for Sunday afternoon drinking rather for restaurants and new restaurant business prospects. The hours were as follows Saturday “Last Call” shall occur at 12:30 a.m. and close 1:00 a.m. Sunday “Last Call” 10:30 p.m. closing at 11:00 p.m. The mayor also noted economics will regulate hours for each individual business. Corporate Counsel added we might need to look at the existing ordinance to see if changes need to be made.


Alderman Robert Midnight stated he wanted to see Budget Billing in place by October.



Moved by Alderman David Daughtery and Seconded by Robert Midnight to adjourn: TIME 2:56
Daughtery Present
Barfield Present
McManus Present
Midnight Present












Date: Thursday, July 7st, 2011
Time: 1:30 p.m.
Place: City Hall Council Chambers


Roll Call
Daughtery Present
Barfield Present
McManus Present
Midnight Present

Moved by Alderman David Daughtery and Seconded by David McManus to approve the minutes of the previous meeting held 06-1-2011 as presented: MOTION CARRIED
Daughtery Yea
Barfield Yea
McManus Yea
Midnight Yea



No motions were made from this meeting to take to full Council but all items were discussed on the agenda. Corporate Counsel passed out information to the Committee concerning the Sunday liquor sales.

Zoning met and Gene will come back to work on maps one day with Chad and then work with the Council on new development ideas. Mr. Norber will be here July 18th and 19th. The Committee talked about manufactured homes whether we make a designated area and make a district to themselves or on an overlay with some of these homes already existing in areas. Also there could be a few areas designed for these homes with a certain amount of acreage involved. The Council also said we need to clarify how we would handle manufactured homes used for a short time for storage space or offices. They asked about making a time limit for such use of these manufactured homes.

Attorney Scott Bergthold sent a questionnaire to Chad, Gene and Rick to fill out on zoning sexually oriented business in our area.

Business and resident owners on U.S. 45 and Pullen Road all want City water. They also want to know time and cost of this if they annexed in. What services they would get and what their new property taxes cost. Corporate Counsel told the Committee after the flood more of the residents have been interested in annexing. They also would get Fire and Police protection if they come in which they all liked. A few residents mentioned a break on their taxes until the City services are fulfilled. The Committee agreed to work with this request.

Sunday liquor by the drink was discussed and Alderman McManus stated he was shocked we have not been challenged yet about the liquor laws on Sunday since Harrahs was allowed to serve alcohol. Rick explained the Riverboat was not using the City laws on this they are using the guidelines of the State for the boat and for the land partition they followed the City’s Ordinance. Corporate Counsel says he understands our community and how they feel on the issue of Sunday alcohol sales but will draft something up for the Committee to read and get a copy of our neighboring City, Paducah’s laws on Sunday sales. Alderman Kim Brown questioned if the Council has the right to pass this without putting it on a ballot. Alderman Corzine said he would like to poll the people to see how they feel in his ward. Alderman David Daughtery stands strong with the idea of only in a controlled environment for liquor sales.
Corey Bowman representing Willy Jak’s came before the Committee to support the sale of alcohol on Sunday. He stated a struggling business would benefit from the extra revenue and allow him to employ more people with this new law. He felt everyone around would benefit from this with the economy the way it is right now. The Alderman all stated they would like to see something in writing before making a final decision.

Alderman Richard Corzine asked about a public intoxication ordinance and will this be the next issue. Rick acknowledged to him the City has and follows a disorderly conduct ordinance law only.


Moved by Alderman David Daughtery and Seconded by David McManus to adjourn:
Daughtery Yea
Barfield Yea
McManus Yea
Midnight Yea


















Date: Wednesday, March 23rd, 2011
Time: 1:15 p.m.
Place: City Hall Council Chambers
Roll Call
Daughtery Present
Barfield Present
Anderson Present
Midnight Present

Moved by Alderman Robert Midnight and seconded by Charles Barfield to approve the minutes of the previous meeting held 03-19-2011 as presented: MOTION CARRIED
Daughtery Yea
Barfield Yea
Anderson Yea
Midnight Yea



Chairman Alderman David Daugherty opened the meeting by asking if anyone wanted to speak. Tommy Reed took the floor after handing out a letter from Tim Lawson and another example sheet. Tommy again told the Committee he felt the PLA would not benefit most of the local workers in Metropolis. Several citizens came to show support. He stated he thought 85% of the local workers in the area were non-union and this PLA would effect on how they bid jobs. Tommy again asked the Committee to take a second look at the PLA bringing it back to the Committee to make changes. Corporate Counsel Rick Abell addressed the citizens trying to explain the PLA Ordinance only affects you IF you bid a City job, it keeps the bids on a level playing field and competitive for contractors. The PLA is not for residential or private jobs. Several of the citizens didn’t realize this until the PLA was explained in great detail to them. After this, several citizens left, acknowledging that the ordinance did not affect their businesses. Attorney Rick Abell explained that this Ordinance would prevent companies like Shaw (that are working at Honeywell) from under bidding local or Illinois contractors on projects paid for with city tax dollars. Attorney Rick Abell explained that this ordinance will only affect the large projects such as sewer, water, street and electric which the city bids. He explained that the projects rarely are less than $500,000.00 to $750.000.00 and are usually in excess of $1,000,000.00 dollars. Corporate Counsel noted that the only local contractors that have ever bid such jobs are J.M. Walters and N&N Plumbing; neither of which was present. Tommy Reed stated that his company is composed of “inside wireman” who doesn’t perform this type of work.



Mike Souders apologized to the Committee stating that the Ordinance was not at all what he had been told it was. Mike also expressing his concerns for private development; however after finding out it was not for residential or private contractors, he thanked the Committee for the time and said his business would not be affected. Tommy Gentry also had similar feelings when he thought it was also including private jobs. He later stated that this would not affect his business.

Orville Bailey stated he thought the PLA was going to hurt his bids and offered ideas to the Committee. Orville suggested a clause allowing using 5 permits of his workers first then use 5 of the union’s men. Attorney Abell said to Orville that was not the City’s decision and he needed to go to the union and work something out. The City only wanted to make the wages and bids competitive and by making the PLA an Ordinance this will happen. Attorney Rick Abell told the citizens we really have not had enough time to see if the PLA works for the City.

Charles Eichorn raised his hand and asked, “Who does the PLA benefit and what is the City trying to accomplish by passing the ordinance? “ Attorney Rick Abell repeated the same reasons why this is a good ordinance for the City and the jobs needing bids.

Mayor Billy McDaniel told the citizens “At no time was private or residential work ever mentioned to be put into the PLA Ordinance. “ Mayor McDaniel also told the contractors that the City has went beyond the call of duty to use local contractors who did not meet all the legal requirements for bidding.

Alderman David Daughtery had to ask that we keep this a gentleman’s conversation and thanked all of them for sharing their concern but had to move on with the meeting.


No motions were made at this time concerning the PLA Ordinance.

No actions were taken on the signage for 12th street.


Moved by Alderman David Daughtery and seconded by Robert Midnight to adjourn:
Daughtery Yea
Barfield Yea
Anderson Yea
Midnight Yea












Date: Wednesday, January 19th, 2011
Time: 1:55 p.m.
Place: City Hall Council Chambers

Present:
Alderpersons William Carrell, David McManus, Charles Barfield, Robert Midnight, Nathan Anderson, Kim Brown and David Daughtery. Also present Mayor Billy McDaniel, City Clerk Jan Adams, Corporate Counsel Rick Abell and Michele Longworth
Roll Call
Daughtery Present
Barfield Present
Anderson Present
Midnight Present

Moved by Alderman Robert Midnight and seconded by Charles Barfield to approve the minutes of the previous meeting held 12-08-2010 as presented: MOTION CARRIED
Daughtery Yea
Barfield Yea
Anderson Yea
Midnight Yea


Corporate Council continued to discuss the PLA Ordinance with the committee. Questions and concerns were answered by Attorney Rick Abell about the differences of City Rule vs State Rule. No action taken at this time.


ADULT BUSINESS
Corporate Counsel Rick Abell and the committee continue to go over the Ordinance that has been drafted for sexually oriented business within the city. Attorney Rick Abell took notes on the concerns and issues regarding this to present to Attorney Scott Bergthold with a law firm out of Tennessee that deals with adult entertainment.

Moved by Alderman David Daughtery and seconded by Robert Midnight to adjourn:
Daughtery Yea
Barfield Yea
Anderson Yea
Midnight Yea






Date: Wednesday, December 8th 2010
Time: 2:00 (2:16) p.m.
Place: City Hall Council Chambers

Present:
Alderpersons Jerry Mizell, William Carrell, David McManus, Charles Barfield, Robert Midnight, Nathan Anderson with Kim Brown and David Daughtery absent. Also present Mayor Billy McDaniel, City Clerk Brenda Westbrooks, Attorney Rick Abell, Jan Adams, Channel 3 news media, Penny Emery, Tera Temple

Roll Call
Daughtery Absent
Barfield Present
Anderson Present
Midnight Present

Moved by Alderman Charles Barfield and Seconded by Nathan Anderson to approve the minutes of the previous meeting held 11-17-2010 as presented: MOTION CARRIED
Daughtery Absent
Barfield Yea
Anderson Yea
Midnight Yea





PLA Ordinance
Rick gave the committee a draft ordinance to review and the following changes were made:
Page 1, #1 $25,000.00 to $50,000.00
Page 1, #2 $350,000.00 to be added

Moved by Alderman Robert Midnight and Seconded by Charles Barfield to recommend to the full Council to place PLA Ordinance on first reading at next Council Meeting: MOTION CARRIED
Daughtery Absent
Barfield Present
Anderson Nay
Midnight Present


ADULT BUSINESS
Attorney Rick Abell said we have hired Attorney Scott Bergthold with a law firm out of Tennessee that deals with adult entertainment.
He will be working with us regarding Place, Time and Manor in order to regulate these types of business. We may be meeting with Mr. Bergthold by the end of the month. The firm’s basic fee is $4,000.00


Number of Liquor License
Discussed changing the # of liquor licenses available, but the committee felt it might hinder a restaurant or other business coming to town. No action taken



Alley’s in Fairmount
The committee has been discussing possibility of vacating allies in Fairmount. A map was given to all to show the allies along with the steps to vacate and right of way
Alderman Robert Midnight had to leave 3:12
The committee went over the maps and discussed to vacate the North and leave the South half alone. The councilmen were asked to go out and take another look at this area and review their findings.
Attorney Rick Abell also mentioned that a charge for vacating allies and streets could be set if the council wished to do so.


Moved by Alderman Charles Barfield and Seconded by Nathan Anderson to adjourn: TIME 3:20
Daughtery Absent
Barfield Present
Anderson Present
Midnight Present













DATE: Wednesday, November 17, 2010
TIME: 2:00 p.m. (2:13 p.m.)
PLACE: City Hall Council Chambers

PRESENT:
Alderpersons; David Daugherty, Charles Barfield, Nathan Anderson, Robert Midnight, Jerry Mizell, David McManus and William Carrell with Alderwoman Kim Brown absent. Also present were Mayor Billy McDaniel, Corporate Counsel Rick Abell, City Clerk Brenda Westbrooks, Joe Matesevac, Mr. & Mrs. Don Snodgrass, Tera Temple from the Planet and Channel 6 News Media.

ROLL CALL
Daugherty Present
Barfield Present
Anderson Present
Midnight Present

Moved by Alderman Robert Midnight and Second by Alderman Nathan Anderson to approve the minutes of the previous meeting held on September 29, 2010 as presented: MOTION CARRIED
Daugherty Yea
Barfield Yea
Anderson Yea
Midnight Yea




Recommendations for Draft PLA Ordinance
Attorney Rick Abell passed out what he referred to as a very rough draft of a PLA (project labor agreement). He asked the Councilmen to take it, review it, mark it up and be ready to discuss it at another meeting.
Copy attached to these minutes.

Internet Usage Policy and Security Software
It seems that some sites are being visited that shouldn’t be and Tom Swinford who is our IT person said we have software to help protect against this but we probably need to step it up. He has provided a quote for some security software in the amount of $5,758.89. Mr. Abell said we will need 3 connection points. He said that Tom said he would be glad to come and talk with the Council on this if they need him too.
Mr. Abell gave the Council a draft of an Internet Usage Policy to review and consider approving.

Moved by Alderman David Daugherty and Second by Alderman Charles Barfield to recommend to the full Council to approve both the Internet and E-mail Usage Policy and the software purchase agreement with Kemper Technology Consulting with a 2 year service agreement:
MOTION CARRIED
Daugherty Yea
Barfield Yea
Anderson Yea
Midnight Yea


Adult Use Ordinance
Mr. Abell said that Adult Usage is a complicated area by law. He said the good news is that the City did adopt an ordinance in 1993 that regulates conduct but you have to consider secondary effects as well. We can enforce conduct regulations with the 1993 Ordinance but they didn’t make any finding in that ordinance and they should have.
It seems that later in1999 another ordinance was drafted and it does have findings but it was never passed. Mr. Abell said he knows the former Mayor is saying she passed one during her term but that one was never passed.
Alderman Carrell said he remembers and the threat of a business of that nature coming went away so the ordinance just disappeared as well.
Mr. Abell said to adopt an ordinance takes time and a public hearing will have to be held and Penny Emery has been trying for some time to get enough members of the Planning & Zoning Board together to have a meeting and he can’t get 6 of the 14 members to meet on one date.
Mr. Abell said he believes we can take the 1993 Ordinance and beef it up, add regulations to it and it will stand. He said we can’t stop the business from coming here but we can regulate it.
Everyone was in agreement that they should make the needed additions to the 1993 Ordinance and that they need to get the new Zoning Ordinance passed as soon as possible.
Alderman Anderson found where there is a bill hanging out here by Representative Black, that if passed would take care of this kind of thing in the future.
Mr. & Mrs. Don Snodgrass were in the audience and evidently he had his hand raised but the Committee Chairman didn’t see it from the way he was sitting so he became very upset and left the meeting but before doing so he told the Committee they were acting like Administrators and not elected officials and that the City issued a liquor license that they shouldn’t have.
Mr. Abell tried to explain to Mr. Snodgrass but they stormed out of the room.
Mr. Abell went on to say that it is not true, that the City had no choice but to issue the liquor license. You can’t legally keep a business from coming into town and if they fill out a liquor license application and meet all the requirements a license has to be issued. He understands the frustration of the people but perhaps they don’t understand that the Mayor and Council are frustrated too. They don’t want the business her but do have to follow the law whether they like it or not.
Mayor McDaniel said it literally made him sick that the business is coming here and he told the gentleman that to his face that we don’t want his business here and that he won’t be at any ribbon cutting.
Mr. Abell said we have to follow the law and we can make them follow the law as well and he will work on the 1993 Ordinance as fast as he can.
Alderman Carrell added that not only are our hands tied but the
Police as well. Nothing can be done until they violate the ordinance or break the law.


Moved by Alderman Robert Midnight and Second by Alderman Charles Barfield to adjourn: MOTION CARRIED – TIME: 3:08 P.M.
Daugherty Yea
Barfield Yea
Anderson Yea
Midnight Yea








DATE: Wednesday, September 29, 2010
TIME: 2:00 p.m. (2:26 p.m.)
PLACE: City Hall Council Chambers

PRESENT:
Alderpersons David Daugherty, Charles Barfield, Nathan Anderson, Robert Midnight, Kimberly Brown, Jerry Mizell, David McManus and William Carrell along with Mayor Billy McDaniel, CFO Patricia Suttles, City Clerk Brenda Westbrooks, Attorney Rick Abell and representatives from IMEA; “Doc” Mueller, Mike Gina and Rodd Whelpley.

ROLL CALL
Daugherty Present
Barfield Present
Anderson Present
Midnight Present

Moved by Alderman Robert Midnight and Second by Alderman Nathan Anderson to approve the minutes of the previous meeting held on March 10, 2010 as presented: MOTION CARRIED
Daugherty Yea
Barfield Yea
Anderson Yea
Midnight Yea



Hiring Practices
Alderman David McManus had this put on today’s agenda so he could suggest that the Council do all hiring accept that of Police Chief, Fire Chief, Street Superintendent, Light Superintendent and other appointments such as those.
Attorney Rick Abell said that the Council has no authority under our form of Government to do anything but advise and consent.
Mr. McManus said ok, he just threw it out there to see what everyone thought.


Budget Billing
City Clerk Brenda Westbrooks told the Committee that her office is working on this. They are working with Encode, on the software and have contacted another Municipality that uses the same software and is doing budget billing. She and some of the girls in her office are to go there on the 19th of October to see just how the program works. They hope to be able to put some regulations for it together at that point and then get the program started.
No action at this time.

Hot Weather Termination Policy
Attorney Rick Abell prepared a policy for the Councilpersons to review. Alderman Midnight said it looks like all the Council really needs to do at this point is to set a temperature.
After some discussion it was determined to not cut in temperatures over 90 degrees.
Mr. Abell had to leave the meeting earlier so was not present for this discussion. The Councilpersons basically said that the Clerk and The Attorney probably just need to get together and bring back to them what they feels needs to be in the policy.

“Doc” Mueller, Mike Gina and Rodd Whelpley who are all with IMEA were in the area and came by to say hello to Mr. Abell and was in the meeting for a few minutes. Mr. Mueller did comment briefly on the energy efficient light funds from IMEA. He said the City has received $20,000 for the next 3 years and are well on the way to use their portion for this year. He did say that it could be used to replace equipment as well.

Not on Agenda but briefly discussed:

Mayor McDaniel said that he has received a call from a tower company regarding a possible tower agreement.
Alderman Midnight said he believes the towers are tied up in the agreement with Utility Services although he said he believes some communities make a lot of money with such agreements.
Mayor said he would pull the contract and see if there is anything the City can do regarding tower agreement.

Alderman Barfield said he was shocked that it was his niece that the Police Chief hired last Council Meeting and wanted to know if anyone present was aware that she was his niece that he didn’t know until he received a call after the meeting.
The Mayor, Nathan Anderson and possible a couple more said they knew she was his niece.
The Mayor did say that he told Mr. Worthen that it is his decision to make and that sometimes it works out hiring relatives and sometime not but again that was his decision.
Alderman Anderson said he didn’t think anything of it since we have a lot of relatives working for the City in one department or another and have for years.
Alderman Midnight did ask if it would be a problem since she is related and would be working directly under him.
It was thought that might need to be researched.

Moved by Alderman David Daugherty and Second by Alderman Robert Midnight to adjourn: MOTION CARRIED – TIME: 3:07 P.M.
Daugherty Yea
Barfield Yea
Anderson Yea
Midnight Yea










DATE: Wednesday, March 10, 2010
TIME: 1:30 p.m.
PLACE: City Hall Council Chambers

PRESENT:
Aldermen David Daugherty, Charles Barfield, Nathan Anderson, Robert Midnight, Kimberly Brown, Jerry Mizell, David McManus and William Carrell, along with Mayor Billy McDaniel, Corporate Counsel Rick Abell, City Clerk Brenda Westbrooks, Penny Emery with Mapping & Zoning, Steve Vantreese and Tera Temple from the media.

ROLL CALL
Daugherty Present
Barfield Present
Anderson Present
Midnight Present


Moved by Alderman Charles Barfield and Second by Alderman Robert Midnight to approve the minutes of the previous meeting held on February 16, 2010 as presented: MOTION CARRIED
Daugherty Yea
Barfield Yea
Anderson Yea
Midnight Yea


New Boundary and Ward Maps
Penny Emery provided copies of the new boundary and ward maps showing the newest changes. The newest annexation was that of Richard Mathis on East 12th Street by the City’s Public Works property.
Mr. Rick Abell said that we may be having more annexations in the future that Richard gave some property to his sons and they maybe bringing them into the City later.
Alderman Nathan Anderson asked about the possibility of forcing Mr. Forest Denis to annex in on Barger Drive and anyone else that is still out and can come in.
Mr. Abell said you can make them but we have tried to do it on a voluntary basis but if that is what the Council wants it can be done.
Penny Emery was asked to show the railroad tracks on the maps and he said he would.

Moved by Alderman Robert Midnight and Second by Alderman Charles Barfield to recommend to the full Council to approve boundary and ward maps as presented by Penny Emery: MOTION CARRIED
Daugherty Yea
Barfield Yea
Anderson Yea
Midnight Yea

Address numbers on all dwellings & businesses
Penny Emery discussed with the Committee the possibility of mandating numbers be placed and visible on all residents and dwellings. He said it would benefit not only the utility companies, Police, Fire and Ambulance Services but the mail delivery as well. He said he felt it was a safety issue.
Alderman Jerry Mizell said this was brought up before and Mayor McDaniel said yes it was and the Fire Chief was to look into a possible grant to do this and there wasn’t one at the time. He said he was going to talk with the Fire Chief and see if there are any available grants out there now. He said he would also talk with 911 Director Keith Davis.
Everyone recognized the need for visible numbers on all dwellings and feel they should look into possible grant funds to do it.

Proposals for Trash Services
Mr. Rick Abell said we have had a lot of confusion regarding bids versus proposals so he tried to clarify the issue.
Mr. Abell said in the first place it is hard to bid out garbage contracts because so much goes into them, but the fact is that garbage contracts are not a part of the bidding law.
Mr. Abell said that whether it is legal for the City to contract out for commercial pickup has been questioned as well. He said that the City contracted both residential and commercial pickups until this last contract and we can seek and award proposals with no problem. He said that the law that was quoted was only part of the law and he read from the Illinois Code that you cannot seek proposals on commercial if you have never done it before and the City has done commercial pickup in the past.
Mr. Abell said that in Bulldog’s new proposal they are willing to pay for carts going forward without billing the customers that it is built in their contract and that they will all be city carts but Bulldog will pay for them, maintain them and replace them as needed.
Their new rate structure proposed for residential is as follows:
1st year 2nd year 3rd year 4th year 5th year
$9.65 $10.70 $11.75 $12.30 $12.85

Mr. Abell said their present contract expires the end of May and the new rates would take effect June 1st.
Mr. Abell was asked if the rates could be raised say to $11.25 the first year then froze for the duration of the contract.
Mr. Abell said he could check on it and figure it both ways depending on which the Council wishes to approve.
Alderman William Carrell said that he wants to see us keep the transfer station and to do that, we have to have everyone using it and it is not being used by everyone. He said we want to keep rates as affordable as possible.
Rick Abell added that Bulldog’s has two Massac County people working at the transfer station and 3 Massac County residents working on the garbage trucks.
CWI’s general manger was present and he asked to speak. He said that the City’s float control and ordinances requiring everything picked up in Massac County has to go through the transfer station is illegal. He said that there has to be a hearing within 6 months and a 15 month waiting period before the City could even touch a commercial business. He said CWI would sue the City if they take the option to take proposals for commercial pickup.
Mr. Abell said he respectfully differs with the gentleman and doesn’t usually take legal advice from a garbage removal company. The law they quoted was only part of the law and he read from the Illinois Code book the whole section not just part of it as was quoted.
Mr. Abell said he is recommending that the City renew Bulldog’s contract with the new proposal presented and that he will research it further on the commercial but if we do have to wait to be safe he will be recommending that we go ahead and approve their commercial contract effective in 15 months. Bulldog has said they will honor the same proposal regarding commercial in 15 months.
Besides, Mr. Abell asked why anyone would want to keep dealing with a company that continually threatens lawsuits to get their way.
The gentleman from Laidlaw also received complaints about CWI picking up trash in the City all hours of the night and disturbing the sleep of our residents.
The gentleman said that he could get that address if it was a problem. He was told it was a problem.
The consensus of the council members present was that we need to put time limits in our contracts so that our residents sleep is not disturbed in the middle of the night.

(New City Code Book Additions)
Alderman William Carrell said that Mr. Abell might want to look over the new sheets to be put in our code book that he thinks there are errors in the section on garbage (Page 17-item A and Page 15 – 51.01.
Mr. Abell said he would and that maybe in the future we should take all new additions to the code to Committee for review before approving. Everyone thought that was probably a good idea.

Moved by Alderman Robert Midnight and Second by Alderman Charles Barfield to recommend to the full Council to accept Bulldog’s new proposal and renew their contract for 5 years: MOTION CARRIED
Daugherty Yea
Barfield Yea
Anderson Yea
Midnight Yea

Moved by Alderman Robert Midnight and Second by Alderman Charles Barfield to adjourn: MOTION CARRIED – TIME: 2:30 P.M.
Daugherty Yea
Barfield Yea
Anderson Yea
Midnight Yea











DATE: Tuesday, February 16, 2010
TIME: 2:00 p.m. (2:32 p.m.)
PLACE: City Hall Council Chambers

PRESENT:
Aldermen David Daugherty, Charles Barfield, Nathan Anderson, Robert Midnight, Jerry Mizell, David McManus and William Carrell with Alderwoman Kim Brown absent. Also present were Mayor Billy McDaniel, Corporate Counsel Rick Abell, Corporate Finance Officer Patricia Suttles, and City Clerk Brenda Westbrooks

ROLL CALL
Daugherty Present
Barfield Present
Anderson Present
Midnight Present

Moved by Alderman Nathan Anderson and Second by Alderman Robert Midnight to approve the minutes of the previous meeting held on January 20, 2010 as presented: MOTION CARRIED
Daugherty Yea
Barfield Yea
Anderson Yea
Midnight Yea




Bulldog Contract – solid waste removal
Mr. Abell told the Committee that the present solid waste removal contract with Bulldog expires in May and it is being brought before them early so they can decide what they wish to do. He has a copy of a 3 year proposal from Bulldog that he gave to everyone to review. He said he asked them for a 5 year one also that he thought it would be better to have prices locked in for 5 years versus 3 years.
After some discussion it was the consensus of the Committee to recommend to the full Council to place the contract out for bids.
Mr. Abell asked if they wanted him to go ahead and work on the specs so it will be ready to bid out and he was told yes.

Moved by Alderman Nathan Anderson and Second by Alderman Charles Barfield to recommend to the full Council to bid out the City’s Solid Waste Removal Contract for both commercial and residential: MOTION CARRIED
Daugherty Yea
Barfield Yea
Anderson Yea
Midnight Yea


Moved by Alderman Nathan Anderson and Second by Alderman Charles Barfield to adjourn: MOTION CARRIED – TIME: 2:51 P.M.
Daugherty Yea
Barfield Yea
Anderson Yea
Midnight Yea







DATE: Wednesday, January 20, 2010
TIME: 1:15 p.m. (1:32 p.m.)
PLACE: City Hall Council Chambers

PRESENT:
Aldermen David Daugherty, Charles Barfield, Nathan Anderson, Robert Midnight, Kimberly Brown, Jerry Mizell, David McManus and William Carrell; Mayor Billy McDaniel, City Clerk Brenda Westbrooks, Corporate Counsel Rick Abell, Police Chief Mike Worthen, and owner of C & W Towing, Curt Collins.

ROLL CALL
Daugherty Present
Barfield Present
Anderson Present
Midnight Present


Moved by Alderman David Daugherty and Second by Alderman Nathan Anderson to approve the minutes of the previous meeting held on December 8, 2009 as presented: MOTION CARRIED
Daugherty Yea
Barfield Yea
Anderson Yea
Midnight Yea



Adopt Recommendation on C & W Towing Privileges

Committee Chairman Alderman David Daugherty said that the City has received a number of complaints on C & W Towing Company services and the Company’s owner, Mr. Curtis Collins is here to address the matter.
Mr. Collins gave everyone a copy of all the local towing companies’ rates along with a copy of a portion of the law governing towing companies.
Mr. Collins was told that the City has received a number of complaints on C & W Towing but none on any other company.
Alderman Daugherty said that the company’s actions are affecting the City and the complaints have to stop.
Mr. Collins maintained that he and his drivers are always as courteous as they can be to the customers.
Mr. Collins was also told by City Attorney Mr. Rick Abell that he has been accused of overcharging people, and making them sign a waiver for damages to their vehicle before they can get their vehicle back which is not legal.
Mr. Abell told Mr. Collins he was only quoting a section of the law and he read him several other sections of the law which do not justify his practices as a towing company.
Mr. Abell told the Committee that his recommendation to the Police Chief is to take C & W Towing off the towing list for 1 year.
He said that it is up to the Chief but Mr. Worthen would like to know if the Committee and Council support him in this matter.

Moved by Alderman Robert Midnight and Second by Alderman Nathan Anderson to recommend to the full Council to support Police Chief Mike Worthen’s discretion concerning C & W Towing Company’s towing privileges: MOTION CARRIED
Daugherty Yea
Barfield Yea
Anderson Yea
Midnight Yea


Freedom of Information Act:

Attorney Rick Abell provided everyone with a copy of the new ordinance implementing provisions of the Illinois Freedom of Information Act and the Illinois Open Meeting Act.
He went over the recent changes to the Acts and the effects on the City. He said the ordinance needs to be passed this month if possible.

Moved by Alderman Robert Midnight and Second by Alderman Nathan Anderson to recommend to the full Council to pass ordinance implementing provisions of the Illinois Freedom of Information Act and the Illinois Open Meeting Act: MOTION CARRIED
Daugherty Yea
Barfield Yea
Anderson Yea
Midnight Yea

Moved by Alderman David Daugherty and Second by Alderman Robert Midnight to adjourn: MOTION CARRIED – TIME: 2:54 p.m.
Daugherty Yea
Barfield Yea
Anderson Yea
Midnight Yea











DATE: Tuesday, December 8, 2009
TIME: 2:30 p.m.
PLACE: City Hall Council Chambers

PRESENT:
Aldermen Charles Barfield, Nathan Anderson, Robert Midnight, Kimberly Brown, and Jerry Mizell with Aldermen David Daugherty, David McManus and William Carrell absent. Also present were Mayor Billy McDaniel, CFO Patricia Suttles, Penny Emery, Gene Norber and City Clerk Brenda Westbrooks.

ROLL CALL
Daugherty Absent
Barfield Present
Anderson Present
Midnight Present


Moved by Alderman Nathan Anderson and Second by Alderman Robert Midnight to approve the minutes of the previous meeting held on November 18, 2009 as presented: MOTION CARRIED
Daugherty Absent
Barfield Yea
Anderson Yea
Midnight Yea




Changes to Zoning Ordinance
Mr. Gene Norber with EDR which is the firm that revised the City’s Zoning Ordinance was present to go over some of the request the Councilmen have made to their draft in hopes to be able to finalize the new Ordinance. The following were discussed:

Page A-3; Section 11, #5
Consensus was to have no restrictions in the back yard other than normal setbacks. But to have restrictions in front yard up to 12 feet or ½ of setback whichever is less.

Page A-23; Section 7, #3
50% changed to 75% other than flood plain areas which is 50% per federal law.

Page A-28; Section 4, #1
Delete last sentence in #1 then add “excluding detached garages and the design to be kept with principal building or structure.

Tricia Suttles had to leave around 2:55 p.m.

Page A-95; Section 14, #1
Change the word Marquees to “Signs” then leave #1 in. If taken out would allow portable sings everywhere per Mr. Norber. But to note there are exceptions listed in sections 26 & 27.



Page A-96; Section 15
Mr. Norber is to insert wording to allow Veteran signs on Utility Poles within this section.

Page A-99; Section 25, #2b
To leave this in but not to allow any future billboards in certain areas such as (12th & East 5th Street through town to HWY 45 and Airport Road).

Page A-29; Section 3, #3
This was discussed in regards to RV Parking but was left as is.

Moved by Alderman Nathan Anderson and Second by Alderman Robert Midnight to adjourn: MOTION CARRIED – TIME: 4:00 p.m.
Daugherty Absent
Barfield Yea
Anderson Yea
Midnight Yea

















DATE: Wednesday, November 18, 2009
TIME: 1:00 p.m.
PLACE: City Hall Council Chambers

PRESENT:
Aldermen Charles Barfield, Nathan Anderson, Robert Midnight, Jerry Mizell and William Carrell, along with Mayor Billy McDaniel, Attorney Rick Abell, CFO Patricia Suttles, City Clerk Brenda Westbrooks, Clyde Wills, and Police Chief Mike Worthen.

ROLL CALL
Daugherty Absent
Barfield Present
Anderson Present
Midnight Present


Moved by Alderman Robert Midnight and Second by Alderman Nathan Anderson to approve the minutes of the previous meeting held on June 1, 2009 as presented: MOTION CARRIED
Daugherty Absent
Barfield Yea
Anderson Yea
Midnight Yea





Establishing limit for all leaves of absence
This subject has been discussed before due to the fact the City has experienced numerous instances of excessive absenteeism in recent years leading to excessive overtime, excessive health care costs and inefficient work performances.
Once again Mr. Abell provided everyone with a copy of the proposed ordinance that would adopt a policy on maximum absenteeism.
In the policy all employees will be discharged if absent or otherwise inactive from their job for a cumulative period of 6 calendar months within any rolling twelve calendar months, regardless of the reason for the absence.
Alderman Midnight asked if the Unions would have problems with this.
Mr. Abell said that they could file on it but that it falls under Management Rights Clause.
It was recognized that the City has had employees off anywhere from 2 to 4 years which makes this ordinance very much needed for the City.
Alderman Robert Midnight asked if they could be given a list of possible employees this could affect before taking action.
He was told that a list could be obtained but that it wouldn’t effect but a few at present. Some of the others are no longer in our employee.
The general consensus was to bring it up at another meeting for consideration.

Policy requiring workman’s compensation leave and FLMA to run simultaneously
Mr. Abell also provided a proposed ordinance amending the City’s FMLA Policy to requiring that FMLA leave run concurrent with the use of sick leave and workmen’s compensation leave.
Mr. Abell added that there are very few places of business that do not run their FLMA concurrent with sick and workman’s compensation leaves.
This was briefly discussed but no action taken.


Require all municipal solid waste generated within the City of Metropolis be hauled to City of Metropolis Transfer Station (residential, commercial and industrial)
Mr. Abell told the Committee that the County passed an ordinance since the transfer station is in the County but they are not enforcing it. The City needs to pass an ordinance so that we can enforce it.
The general consensus was to pass the ordinance as presented by Mr. Abell at the next Council Meeting.

Moved by Alderman Robert Midnight and Second by Alderman Charles Barfield to recommend to the full Council to adopt ordinance providing for the method of disposal of garbage refuse and ashes: MOTION CARRIED
Daugherty Absent
Barfield Yea
Anderson Yea
Midnight Yea

New Zoning Ordinance
Proposed changes to this ordinance were sent to Mr. Gene Norber; however he has questions on some suggested changes to porches, site plan, height & area and portable signs within the ordinance.
Mr. Norber couldn’t be present for this meeting however is on hold and available for a phone conference.
The Committee and Councilmen present thought they would like to review the items before talking with Mr. Norber so that is what they did.
They discussed the following:
Page 3, Section 11 #5
They thought the word “rear” should be taken out.
Page A23, Section 7 –Site Plan #3
Mr. Norber took out 50% & 75% and made it read as it does now. It was decided that this did not include decks.
Page 29, Section 4
The Committee wanted to delete this section altogether but Mr. Norber and Penny Emery both thought that something is needed in this section. Mr. Norber’s recommendation was that it not include driveways, patios, decks, or pools.
Page 29, Section 3, #5
This section deals with parking of RV’s and Boats in front and side yards. Everyone thought they shouldn’t be in the front or side yards but able to park in the back or build garages to store them.




It was decided that Mr. Norber should be here in person to discuss this further and it would take time so Mr. Abell called him and released him from the phone conference and was to ask him for 2 or 3 dates that he would be available to come to Metropolis and meet with the Committee.


Time limited parking on west 7th St. between Ferry St. & Market St.
Police Chief Mike Worthen had this put on today’s agenda for discussion because he is getting request to have parking limited on West 7th Street between Ferry St. and Market Street the same as the City did on the north side of West 8th Street.
The consensus was that they all want to be fair but need to consider everyone involved. They wouldn’t want to restrict the whole block but not sure how far to restrict.
The general consensus was to discuss this further before taking any action.

Traffic Control Device on Barger Drive
Mayor McDaniel said that the residents on Barger Drive are having issues with people speeding through coming and going from Hayden Lane in Mr. Gower’s Trailer Court.
Chief Worthen has suggested erecting two stop signs and 1 yield sign. However after some discussion it was the consensus of the committee that a 3-way stop so that everyone stops should take care of the problem.

Moved by Alderman Charles Barfield and Second by Alderman Robert Midnight to recommend to the full Council to authorize the City Attorney to prepare an Ordinance placing a 3-way stop on Barger Drive: MOTION CARRIED
Daugherty Absent
Barfield Yea
Anderson Yea
Midnight Yea


Moved by Alderman Nathan Anderson and Second by Alderman Robert Midnight to adjourn: MOTION CARRIED – TIME: 2:55 P.M.
Daugherty Absent
Barfield Yea
Anderson Yea
Midnight Yea










DATE: Wednesday, July 1, 2009
TIME: 12:00 Noon
PLACE: City Hall Council Chambers

PRESENT:
Aldermen David Daugherty, Nathan Anderson, Robert Midnight, Jerry Mizell, David McManus, and William Carrell with Alderman Charles Barfield absent. Also present Mayor Billy McDaniel, Corporate Counsel Rick Abell and City Clerk Brenda Westbrooks.

ROLL CALL
Daugherty Present
Barfield Absent
Anderson Present
Midnight Present


Moved by Alderman David Daugherty and Second by Alderman Robert Midnight to approve the minutes of the previous meeting held on May 20, 2009 as presented: MOTION CARRIED
Daugherty Yea
Barfield Absent
Anderson Yea
Midnight Yea





Family Medical Leave Act Policy
This was not really intended to be on today’s agenda. Mr. Abell said the Act had a lot of changes made to it so he will be bringing something before the Committee later on.

Adopting Policy on Maximum Absenteeism
Everyone was in agreement that the Council needs to set a limit as to the length of time an employee can be absent before being terminated.
Mayor McDaniel said that we have some good employees that take care of us and we certainly need to take care of our employees but because of the abuse we need to have a time limit.
Mr. Abell said that the Hospital uses temporary employees to fill in while an employee is off and the City might want to consider that avenue.
Everyone seemed ok with the idea of using rolling 12 months for this policy the same as our Family Medical Leave Act runs.
Mr. Abell will do a draft ordinance for the Councilmen to review before passing.


Zoning Ordinance Review & Possible Changes
At the Ordinance Committee Meeting on November 5, 2008 the Councilmen starting reviewing the proposed Zoning Ordinance prepared by Mr. Gene Norber and today they continued that review with the following additional changes to be made:

Page A-23 Section 7; #3
Change 50% to 75%

Page A-72 Section 7: #5
Take out “No chain Link” and add “No Agricultural type wire fence”.

Page A-83 Section 8: #1
Discussed and decided to leave as is.

Page A-95 Section 14: #1
Delete #1

Page A-96 Section 15: #11 & #13
Change the number 16 to 32
Page A-97 Section 16:
Change 14 to 15
Page A-98 Section 20:
Change 17 to 18
Page A-100 Section 26 & 27
Delete the words “Mobile/Portable Marquees” where they appear throughout this section.
Delete the last sentence of both paragraphs of this section.
Take Section 27 out completely

Page A-104 Section 40
Change $50.00 to $150.00




NOT ON AGENDA
Mayor McDaniel informed the Councilmen of an incident that took place last week.
With the Hot weather we had some transformers blow fuses which is what they are suppose to do.
One blew around 10:00 am last Friday in the area of Rube’s. Several in the area were affected by the power being out for about 20 minutes. However Rube’s was the only one with damage. Their Air-conditioner that cools the front of the building burned up. It seems that they have part of the building on single phase and the air-conditioner in question on 3 phase power. The owners weren’t there and their daughter didn’t realize something was wrong until late in the afternoon. The owners are blaming the City for the damage because they said they should have been informed the transformer blew and the power was off.
Mayor McDaniel said he talked with Mrs. Stoner and told her she could fill out a claim form and he would see it was taken to the Insurance Company and if they find us at fault we will pay it but he didn’t feel the City is responsible.
Mayor McDaniel said that he had Light Superintendent Jackie Sawyers to talk with Jim Walters since they are licensed electricians and our men are only linemen. He told him what happened and Jim Walters said the power being off for 20 minutes should not have caused it. That unit is designed to cool down before asking for more power and it would have taken that long to cool down. The fact they didn’t realize the unit wasn’t working for several hours and it kept asking for power probably caused it to burn up.



Mayor McDaniel wanted the Aldermen to be informed of this incident since the owners will probably be talking with some of them.




Moved by Alderman David Daugherty and Second by Alderman Nathan Anderson to adjourn: MOTION CARRIED
Daugherty Yea
Barfield Absent
Anderson Yea
Midnight Yea