East Central Reporter

City of Olney City Council met Dec. 13.

Here are the minutes provided by the council:

AGENDA #1 “CALL TO ORDER” The meeting of the Olney City Council was called to order at 7:00 p.m. in the Council Chambers of the Olney City Hall located at 300 S. Whittle Avenue, Olney, Illinois, with Mayor Mark Lambird presiding.

AGENDA #2 “PLEDGE OF ALLEGIANCE TO THE FLAG-PRAYER” Council members and visitors joined in the pledge of allegiance to the flag. Mayor Lambird led the group in prayer.

AGENDA #3 “ROLL CALL” The following Council members were present: Greg Eyer, John McLaughlin, Morgan Fehrenbacher, Belinda Henton, and Mark Lambird. Also present were City Manager Allen Barker, City Treasurer Jane Guinn, City Attorney Bart Zuber, City Engineer Mike Bridges, and City Clerk Kelsie Sterchi.

AGENDA #4 “PRESENTATION OF CONSENT AGENDA”

4-A “Approve Minutes of Council Meeting on November 22, 2021”

4-B “Approve and Authorize Payment of Accounts Payable December 14, 2021” Pooled Cash $390,453.35, Manual Pooled Cash $124,835.06, Utility Refunds $1,584.75, Petty Cash $364.99, Elliott St. Bridge $99,483.51, Foreign Fire $283.56, MFT $109,547.64, IMRF $30,600.51, Tourism $162.21, Christmas Light Display $4,572.45, Route 130 TIF $4,369.50,

4-C “Appointment: Brandt Patterson to the Board of Fire & Police Commissioners”

4-D “Appointment: Sharon Behnke to the Tree Board”

4-E “Resolution: Cancel the December 27, 2021, City Council Meeting” 2021-R-77

4-F “Raffle License: Olney Cubs & Olney Tiger Wrestling”

4-G “Payment Request: Elliott Street Bridge Rehabilitation Project”

AGENDA #5 “REMOVAL OF ITEMS FROM CONSENT AGENDA” No items were requested for removal from the consent agenda.

AGENDA #6 “CONSIDERATION OF CONSENT AGENDA” Councilwoman Fehrenbacher moved to approve the items on the consent agenda, seconded by Councilman Eyer. A majority affirmative voice vote was received.

AGENDA #7 “CONSIDERATION OF ITEMS REMOVED FROM CONSENT AGENDA” No items were requested for removal from the consent agenda.

AGENDA #8 “PRESENTATION OF ORDINANCES, RESOLUTIONS, ETC.” 8-A “Discussion/Resolution: Accept Proposals for Liability, Property, Workers’ Compensation, Auto, & Miscellaneous Insurance Coverages for 2022” The Council was provided with a proposed resolution that would accept proposals for liability, property, workers’ compensation, auto, and miscellaneous insurance coverages for 2022.

The City had solicited proposals for various insurance coverages for 2022. Four proposals were received. Mr. Barker said that after reviewing the proposals and comparing limits of coverage and deductibles, it was recommended to accept the proposal from the Illinois Municipal League Risk Management Association (IMLRMA) in the amount of $177,163.00 and to purchase Prior Acts Coverage in the amount of $8,805.00. As agent of record, IMLRMA would also be able to provide the fiduciary liability policies for the Fire and Police Pension Funds.

Proposals had also been received from Arthur J. Gallagher & Co. in the amount of $272,526.00, Blank’s Insurance in the amount of $239,551.00, and CS Insurance Strategies in the amount of $134,657.52. The proposal from CS Insurance Strategies excluded workers’ compensation coverage.

Representing IMLRMA, Jim Clossen was present to help answer any questions.

Councilman McLaughlin wondered how IMLRMA would cover a major disaster if they did not have enough pooled funds to cover the total of a loss. Mr. Clausen was not certain how far back they could go to assess, but in addition to their assessable pool, IMLRMA had about $61,000,000.00 in surplus monies alone.

Councilman McLaughlin asked if there was a cap on assessment. Mr. Clossen was not sure. He was not trying to be evasive, but he had never had this issue arise. Out of 1,300 cities in the state, IMLRMA now worked with over 700 of those cities.

Councilman Eyer asked if the City could see a premium decrease if IMLRMA had more municipalities enroll. Mr. Clossen indicated that could be possible. He also added that for the last three years, every member’s premiums had remained flat with low deductibles.

Recently, tornadoes had ravaged a few surrounding areas. Councilman Eyer felt that if one or two of IMLRMA’s members had been hit, those catastrophic losses could wipe out IMLRMA’s coverage funds. Mr. Clossen replied that IMLRMA also sent out coverage grants.

Councilman Eyer was aware that Mrs. Harlan was hoping for a $1,000,000.00 limit on cyber liability but only $250,000.00 was included in IMLRMA’s package. Mr. Clossen said that most of their members did not have such high cyber liability coverage. In Mr. Clossen’s time, he had only seen 3 cyber claims and they had not exceeded the $250,000.00. Mr. Clossen asked Mrs. Harlan if the City would be allowed to purchase additional cyber liability coverage, if necessary. Mrs. Harlan indicated so.

Councilman Eyer believed that IMLRMA had been the City’s insurance provider in the past. Mrs. Harlan stated that the City had IMLRMA coverage from 2003 to 2011. When premiums increased, the City went out for bids and ended up going with another company.

Mr. Clossen recalled that in 2011, IMLRMA’s pool size was smaller. Since that time, they had grown by adding large members. They also did not have a $61,000,000.00 surplus at that time either.

Now that more cities were a part of IMLRMA, prices were better. Additionally, Mr. Clossen had reviewed five-year loss runs and felt that Olney was doing a great job on controlling losses.

Councilman Eyer asked Mr. Clossen if he could assure the City that they would not be dropped from the program if claims increased. Mr. Clossen replied that looking into 2023, IMLRMA would be looking at exposures. The only way to increase cost would be to increase exposures.

Councilman McLaughlin asked if IMLRMA’s package covered volunteers. Mr. Clossen replied that some volunteers, such as auxiliary police or volunteer firefighters, would be covered. General volunteers for tasks such as a community clean up days would not be covered under the presented package, but such coverage could be purchased for $500.00. Councilman McLaughlin believed it would be worthwhile to spend the $500.00 for that policy.

Mr. Clossen then pointed out that he was available for trainings, liability inspections, and safety meetings. He was willing to help the City control claims, lawsuits, and help with special events. All of those services would also be included in the package.

Councilwoman Fehrenbacher moved to approve 2021-R-78, seconded by Councilman Eyer. A majority affirmative voice vote was received.

8-B “Ordinance: Tax Levy” The Council was provided with a proposed ordinance that would set the tax levy for 2021-2022.

The Council had discussed a couple of levy options at the prior Council meeting. No additional options were requested. The recommendation for the 2021-2022 tax levy was $2,119,422.51 for the City and $225,287.57 for the Library. This would keep the tax rate flat with last year for both the City and the Library.

Councilman McLaughlin moved to approve Ordinance 2021-29, seconded by Councilwoman Fehrenbacher. A majority affirmative voice vote was received.

8-C “Discussion/Possible Action: Authorization to Apply for a FEMA Grant for Equipment” The Council was provided with a spreadsheet from Fire Chief Rusty Holmes regarding the 2021 FEMA AFG grant.

Chief Holmes told the Council that the City was not approved for the FEMA grant that had been applied for earlier in the year for a fire truck. Now, Chief Holmes wished to apply for a grant that could supply equipment that would be needed anyway.

Chief Holmes hoped for MSA G1 air packs, fire gear, and a solo washer. Chief Holmes was not positive that the City would get the gear, but he felt that the air packs and washer had a good chance of being awarded.

If awarded, the grant would require a cost share from the City. The cost share would be based off of Olney’s population. Chief Holmes believed that could come to the City needing to spend $10,757.26.

Councilman McLaughlin moved to authorize a grant application to FEMA for Fire Department equipment, seconded by Councilwoman Henton. A majority affirmative voice vote was received.

8-D “Resolution: Accept Bid for Demolition of 1126 E. Butler Street” The Council was provided with a proposed resolution that would accept a bid for the demolition of 1126 E. Butler Street. The Council was also provided with a quote from Triple A Asbestos Services, Inc., of Pana, Illinois, for asbestos removal.

On December 10, 2021, sealed bids were opened for the demolition of 1126 E. Butler Street. Two bids were received. Trenton Gray of Olney, Illinois, bid $5,800.00. Steve Hemrich of Noble, Illinois, bid $5,900.00.

Mr. Barker told the Council that upon inspection, it had been determined that asbestos removal was necessary in the kitchen of the property. The quote from Triple A Asbestos Services was $2,700.00 for that service. Asbestos would need to be removed before demolition could take place.

Mr. Barker indicated that all costs involved in the demolition would be considered for the demolition lien that would then be placed on the property.

Councilman McLaughlin asked how long it would be after the demolition that the City could take control of the property and sell the lot. Mr. Zuber indicated that the City would need to foreclose on the lien, but that foreclosure would not make sense. Mr. Barker stated that the City had already spent about $10,000.00 on the property so far in legal fees, mowing expense, etc.

Councilman Eyer asked if the City had worked with Trenton Gray before. Code Enforcement Officer Dallas Colwell said he had not worked with Mr. Gray before. Mr. Gray was newer in the business of demolition, but had completed demolition work in Lawrenceville.

Councilman Eyer moved to approve 2021-R-79.

Councilwoman Fehrenbacher asked what the City’s other options were if they did not go through with the demolition. Councilwoman Henton asked if the owner would be willing to give the property to the City. Mr. Zuber stated that the property owner had cut off all communications with the City. No further progress could be made.

Councilwoman Henton seconded Councilman Eyer’s motion. Mayor Lambird, Councilmen Eyer, McLaughlin, and Councilwoman Henton voted yes. Councilwoman Fehrenbacher voted no. The motion carried.

8-E “Resolution: Authorize an Additional IMRF Payment & Amend the 2021-2022 Butler” The Council was provided with a proposed resolution that would authorize an additional IMRF payment and amend the budget.

Mrs. Guinn told the Council that the City had levied some extra money in order to make an additional IMRF payment to help with underfunding. It was recommended by the CFO of IMRF that cities with unfunded benefit obligations make additional contributions when funds were available. It was also his recommendation to submit additional contributions in the month of December in order to receive the maximum credit for investment returns.

Councilman McLaughlin moved to approve 2021-R-80, seconded by Councilwoman Fehrenbacher.

Mayor Lambird asked if the City had gained any ground on the underfunding. Mrs. Guinn replied that she would not have that information until later in December or early in January.

A majority affirmative voice vote was received.

AGENDA #9 “REPORTS FROM ELECTED AND APPOINTED OFFICIALS” 9-A “Status Report-City Manager” Mr. Barker told the Council that the Carrie Winter Charitable Trust had sent correspondence that the Carrie Winter Grant application for the pickleball complex had not been chosen for funding.

Councilwoman Fehrenbacher asked if anyone had heard whether or not the White Squirrel Pickleball Association had yet received their 501(c)(3). No one present knew the answer.

Mr. Barker and Mrs. Guinn had also met with the Greater Wabash Regional Planning Commission (GWRPC) regarding the downtown grant. The topic of infrastructure needs at the Whittle Avenue Industrial Park had also been discussed. Mr. Barker said that the GWRPC thought there may be an opportunity through the Economic Development Administration to help with that effort. Unfortunately, it was later learned that Olney would not qualify unless it had a proposed project that was major and would provide for 40 to 60 jobs.

9-B “RCDC Report” There was no report.

9-C “Chamber of Commerce Report” Councilwoman Fehrenbacher reported that the Moonlight Madness event had been a success. She had heard that several businesses were thrilled with the amount of traffic they received that evening.

9-D “Parks & Recreation Board Report” There was no report.

9-E “Tourism Board Report” Councilwoman Henton said that the ILLINOISouth Tourism Bureau had recently attended the Illinois Governor’s Conference in Chicago where they won the Best Print Collateral award for their Kids Coloring Book publications. The Bureau was also working on the 2022 Visitors Guide.

Councilman McLaughlin asked for an update on the Route 130 Sidewalk Project. Mr. Bridges reported that three of the five necessary rights-of-way had been received. He believed that work could begin on that project in the Summer of 2022.

AGENDA #10 “PUBLIC COMMENTS/PRESENTATIONS” No one from the public wished to speak.

AGENDA #11 “CLOSED SESSION: SALE OR LEASE PRICE OF REAL PROPERTY; ACQUISITION OF REAL PROPERTY; APPOINTMENT, EMPLOYMENT, COMPENSATION, AND PERFORMANCE OF SPECIFIC EMPLOYEES” Councilwoman Fehrenbacher moved to adjourn to closed session to discuss sale or lease price of real property; acquisition of real property; appointment, employment, compensation, and performance of specific employees, seconded by Councilwoman Henton. A majority affirmative voice vote was received.

The meeting adjourned to closed session at 7:30 p.m.

AGENDA #12 “RECONVENE OPEN SESSION” Councilman McLaughlin moved to enter back into open session, seconded by Councilwoman Henton. A majority affirmative voice vote was received. Open session resumed at 8:01 p.m.

12-A “Ordinance: Establish Wage Rates for Paid-on-Call Firefighters, Part-Time Employees, and Summer Recreation Employees of the City of Olney” The Council was provided with a proposed ordinance that would establish wage rates for paid-on-call firefighters, part-time employees, and summer recreation employees.

Councilman Eyer moved to approve Ordinance 2021-30, seconded by Councilman McLaughlin. A majority affirmative voice vote was received.

12-B “Resolution: Authorize Destruction of Closed Session Audio” The Council was provided with a proposed resolution that would authorize the destruction of closed session audio through June 22, 2020.

Councilwoman Henton moved to approve 2021-R-81, seconded by Councilwoman Fehrenbacher. A majority affirmative voice vote was received.

12-C “Resolution: Authorize Release of Closed Session Minutes” The Council was provided with a proposed resolution that would authorize the release of closed session minutes at least 18 months old.

Councilwoman Henton moved to approve 2021-R-82, seconded by Councilwoman Fehrenbacher. A majority affirmative voice vote was received.

12-C “Discussion: Public Decency During Events on Public Property” Mayor Lambird was aware that someone in the Christmas Parade had driven through while blaring profane songs. He wondered what the parade’s policy said about such profanity. Councilman McLaughlin said that the Interact Club’s flyer had some regulations listed regarding drugs and alcohol, but he would have the Club add prohibition of profanity for future flyers.

Mayor Lambird pointed out that no one had ever been inappropriate during a public parade in Olney before. Councilman McLaughlin agreed. He and the Mayor had walked through the entries during judging and did not see any of the signage or music that was presented once the parade started.

Regarding the problem with the resurfacing of the City Hall parking lot, Councilman McLaughlin said that Brad Doll had told him that he could have concreted the parking lot for less money than soil cement. The Councilman understood that the City Engineer received cost estimates based on projects in other places, but he would prefer that quotes from the local concrete companies also be received in the future.

Councilman Eyer thought he recalled that Doll’s did not want to go through the bid process. Councilman McLaughlin clarified that Doll’s did not realize that the City was putting that work out for bid. If they had, they would have submitted a bid with the others.

Councilman McLaughlin also felt that the price could have been less expensive through someone like Brad Doll because he would not need to pay himself prevailing wage. Mrs. Guinn strongly disagreed. She said that sole proprietors would need to pay themselves prevailing wage. That requirement was not new.

Councilman Eyer asked if the City could go a different direction with the parking lot since new circumstances had arisen. Those present indicated that could not happen due to contracts.

Councilwoman Fehrenbacher did not believe that pouring concrete over the soft spots in the parking lot would have fixed the problem. The same problems would have needed to be fixed whether or not concrete was used.

Councilman McLaughlin asked if the winter would make the parking lot situation worse. Mr. Barker replied that the contractor had not indicated anything of the sort. Additionally, City crews would soon be placing backfill.

Mayor Lambird wished to open up the whole area from the parking lot entrance to the parking lot exit for street parking while the work continued.

At the last Council meeting, a Class V liquor license was approved for Gatsby’s Gaming. During that meeting, Kysa Lewis had shown a Powerpoint presentation. Councilman Eyer asked her for a copy of the presentation at a later time and Ms. Lewis denied his request. Councilman Eyer wondered if the Powerpoint presentation was public record.

Mrs. Sterchi felt that it could possibly be subject to the Freedom of Information Act since it was used for the transaction of public business. If so, the Councilman could submit a Freedom of Information Act request to Mrs. Sterchi for the presentation. She would then get in touch with Ms. Lewis.

Mayor Lambird felt that any Powerpoint presentation should be made available for the Council to review at any time. This would be communicated in the future.

Mr. Barker believed that the Council should pass a resolution to commit funds to the downtown grant. The GWRPC said that such a resolution was not a requirement, but Mr. Barker felt that it would be appropriate. Councilwoman Henton agreed.

Mr. Barker then told the Council that he believed that CSX would make the City pay for the Morgan Street and Linn Street railroad crossing upgrades if the City was not going to vacate those crossings.

The Whittle Avenue railroad crossing upgrades were expected to begin in Spring of 2022.

The Council then discussed development agreements. Some Council members had stated in the past that they wanted to see fully drafted agreements before voting on authorization to enter into such agreements. Some members of the Council brought up how drafting full development agreements at the time of the vote could be difficult.

Mr. Zuber suggested that the Council produce main points, or terms. Meeting minutes would reflect those main points and then the person drafting the agreements would be able to sit down with that list in order to produce drafts of the agreement.

AGENDA #13 “ADJOURN” With no further business to discuss, Councilman McLaughlin moved to adjourn, seconded by Councilwoman Fehrenbacher. A majority affirmative voice vote was received.

The meeting adjourned at 8:27 p.m.

https://www.ci.olney.il.us/cc%20Dec%2013%202021.pdf