East Central Reporter

City of Olney City Council met June 27.

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 6:00 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. Tim Loomis led the group in prayer.

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

AGENDA #4 “PRESENTATION OF CONSENT AGENDA”

4-A “Approve Minutes of the Council Meeting on June 13, 2022”

4-B “Approve and Authorize Payment of Accounts Payable June 28, 2022” Pooled Cash $116,908.79, Manual Pooled Cash $100,031.74, Utility Refunds $2,473.65, MFT $140,287.50, Tourism $2,868.82

4-C “Approval: Payment Request for the Cherry/Morgan Street Resurfacing Project” 

4-D “Appointment: Rachel Kinkade to the Library Board”

4-E “Raffle License: American Legion Post #30”

4-F “Approval: Payment Request for the City Park Restroom Facility”

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

AGENDA #6 “CONSIDERATION OF CONSENT AGENDA” Councilman McLaughlin moved to approve the items on the consent agenda, seconded by Councilwoman Fehrenbacher. 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/Possible Resolution: Approval of Pickleball Complex Engineering Certified Construction Drawings” The Council was provided with a set of Plans for Proposed Musgrove Park Pickleball Courts made by Charleston Engineering, Inc. White Squirrel Pickleball (WSPA) representative Richard Lenear was present to speak with the Council.

Mr. Lenear told the Council that the plans had been reviewed by the Park Department Supervisor, Code Enforcement Officer, and City Manager. He was seeking the Council’s formal approval of the plans so that the WSPA could continue moving forward with the project.

Councilwoman Fehrenbacher was curious how the lighting would be controlled. Mr. Lenear replied that lighting could be controlled by push buttons, set by timer, or by utilizing an app on a cell phone.

Councilman Eyer asked if there would be master key access for the lights. Mr. Lenear explained that the lighting would be similar to the lighting that existed at the City Park courts. The lighting would be fully accessible to the public.

Councilman McLaughlin moved to approve 2022-R-54 which would approve the Plans for Proposed Musgrove Park Pickleball Courts, seconded by Councilwoman Fehrenbacher.

Before voting, Councilman McLaughlin pointed out that the parking lot closest to the proposed Pickleball Complex was a public parking lot. No recreational group had more of a right to use that lot than anyone else.

A majority affirmative voice vote was received. Resolution 2022-R-54 would be created.

8-B “Discussion/Possible Resolution: Approval of Material Purchasing Procedures & Secure Material Storage for the Pickleball Complex” Mr. Lenear then told the Council that the Park Department Supervisor had indicated that there would be space at Musgrove Park for the temporary storage of construction materials. He asked the Council if they would be agreeable to the arrangement. The Council was agreeable as long as the Park Department Supervisor was, as well.

8-C “Discussion/Possible Action: Communication & Coordination of Pickleball Complex Construction” Mr. Lenear explained that the WSPA wanted to have points of contact with the City as the construction progressed. He asked who those persons should be.

The Council felt that the WSPA should be in contact with the Park Department Supervisor, Code Enforcement Officer, and City Manager.

Mr. Lenear believed that construction could begin in about 45 days. He asked the Council if they were in favor of having construction begin.

Councilman Eyer asked how much money had been raised towards the project. Mr. Lenear replied that an amount of $285,000.00 had been received in cash and pledges. The amount did not include the County’s ARPA contribution of $66,200.00 for lighting. The WSPA had enough funds raised to construct the courts. A storage building, tables, and bleachers would be added at a later time.

Councilwoman Fehrenbacher asked how much of the funding was in pledges. Mr. Lenear replied that only $21,000.00 worth of pledges had not yet been collected.

Councilman McLaughlin moved to approve the start of the Pickleball Complex construction, seconded by Councilman Eyer. A majority affirmative voice vote was received.

8-D “Discussion/Possible Action: City of Olney Commitment Disbursement Procedures for the Pickleball Complex Project” Councilman McLaughlin recalled that in the past on joint projects, the City typically paid the invoices. He wondered if that would be the same process on this project. Mrs. Guinn believed so. Some funds for the project were already in possession of the City. As invoices were submitted, Mrs. Guinn would use up the funds on hand first. After that time, the WSPA should submit a check for the invoice amounts before the City made any payments.

8-E “Ordinance: Authorize the Sale of Items of Personal Property Owned by the City of Olney – Mobile Restroom Facility” The Council was provided with a proposed ordinance that would authorize the sale of the 2012 Comforts of Home Mobile Restroom Facility from the Park Department on Govdeals.com.

Councilwoman Henton moved to approve Ordinance 2022-19, seconded by Councilwoman Fehrenbacher. A majority affirmative voice vote was received.

8-F “Discussion/Possible Action: Noise Ordinance” The Council was provided with a copy of Chapter 9.24 (Noise) of the City of Olney Municipal Code and a packet of information regarding noise submitted by Councilman Eyer.

Councilman Eyer wished to see the violations of the noise ordinance be described in more quantitative terms. He believed that the terms that currently existed in the ordinance, such as “unreasonably” or “raucous,” would be deemed inadequate in the court of law. He noted that other ordinances such as those regarding speed limits, snow emergencies, weeds, etc., used quantitative terms to better address violations.

The Councilman explained that today’s technology had advanced to the point that noise could be easily and inexpensively measured. A hand-held decibel meter could be used or even an app on a cell phone.

He continued to tell the Council that sound was on an algorithmic scale versus a typical linear scale. Seemingly small, measurable increases in sound were actually perceived much greater.

The Councilman gave examples of different sounds and their decibel level (dB). A running refrigerator had 50 dB, a window air conditioner had 60 dB, and a noisy restaurant was typically at about 70 dB. A level of 70 dB was when people typically felt annoyed. Levels above 80 dB could potentially cause hearing damage. A level of 95 dB can cause hearing damage in less than an hour.

Even if the noise ordinance did see some changes, Councilman Eyer felt that certain activities and sounds could be exempt such as yard maintenance, emergency sirens, and approved events like the Richland County Fair.

Looking at 7 large cities across the nation that had maximum noise levels in place, the mean allowed during the day time was 65 dB and a mean allowed during the night time of 55 dB. The World Health Organization also said that a majority of noises should not exceed 55 dB during the day time.

Councilman Eyer moved to amend Chapter 9.24 (Noise) of the City of Olney Municipal Code, per the City Attorney’s verbiage recommendations, to set maximum noise levels at 65 dB from 7:00 a.m. to 10:00 p.m. and 55 dB from 10:00 p.m. to 7:00 a.m.

Councilwoman Fehrenbacher asked who would enforce the violations and how the violations would be enforced. Councilman Eyer replied that the Police Department would handle the enforcement utilizing a hand-held decibel meter or such a meter via an app on a cell phone.

The motion died due to lack of a second.

8-G “Resolution: Accept Bid for MFT Concrete for Use in Miscellaneous Construction Work” The Council was provided with an IDOT bid tabulation for the bids on MFT concrete and an IDOT resolution that would accept a bid for MFT concrete.

Mr. Barker told the Council that sealed bids for MFT concrete were opened on July 23, 2022. Two bids were received. Doll’s bid a total of $20,880.00, and Schrey Systems bid a total of $18,891.00.

Councilman McLaughlin moved to approve the IDOT resolution that would accept the bid for MFT concrete from Schrey Systems in the total amount of $18,891.00, seconded by Councilwoman Henton. A majority affirmative voice vote was received.

8-H “Resolution: Accept Bids for MFT Oil & Chip” The Council was provided with an IDOT bid tabulation for the bids on MFT oil and chip and an IDOT resolution that would accept bids for MFT oil and chip.

Mr. Barker said that bids were also opened on July 23rd for MFT oil and chip. A total of 3 bids were received. Mt. Carmel Stabilization Group was the only bidder on 4 of the requested materials at a total of $69,537.00. Mr. Barker recommended accepting those bids.

Charles H. Carter Trucking and 3 Sisters Logistics bid on the remaining 3 materials. Carter Trucking bid a total of $15,440.25, and 3 Sisters Logistics bid a total of $13,377.50. Mr. Barker recommended awarding the bids on these materials to 3 Sisters Logistics.

Councilwoman Fehrenbacher moved to approve the IDOT resolutions that would accept the bid from the Mt. Carmel Stabilization Group in the amount of $69,537.00 and the bid from 3 Sisters Logistics in the amount of $13,377.50, seconded by Councilman McLaughlin. A majority affirmative voice vote was received.

8-I “Resolution: Authorize a Letter of Support for the Governor’s Home Town Award” The Council was provided with a proposed resolution that would authorize a letter of support for the Governor’s Home Town Award (GHTA) and a copy of the proposed letter of support.

Mrs. Sterchi told the Council that the GHTA would give formal recognition to projects that improved their community’s quality of life. The projects needed to be in collaboration with local units of government with volunteer support, and the project needed to be completed in 2021.

A few months ago, she had applied for the GHTA in reference to the Walldogs project. Notice had been received that the City was invited to move on to the next step of the application process for this award. A requirement to move forward was a letter of support from the local unit of government.

Councilwoman Fehrenbacher moved to approve 2022-R-55, seconded by Councilwoman Henton. A majority affirmative voice vote was received.

8-J “Resolution: Accept Quote for Walmart Lift Station & Waive Formal Bidding Procedures” The Council was provided with a proposed resolution that would accept a quote for the Walmart lift station and waive formal bidding procedures. The Council was also provided with a copy of the quote received.

Mr. Barker explained that the Walmart lift station was in need of a total rebuild. Straeffer Pump & Supply was the company familiar with the City’s equipment and they were qualified to perform the work. A quote in the amount of $59,475.00 had been received. This project was budgeted at $63,000.00. Some extra cost would come into play later on the electrical portion of the project.

Councilman McLaughlin moved to approve 2022-R-56, seconded by Councilwoman Henton. A majority affirmative voice vote was received.

AGENDA #9 “REPORTS FROM ELECTED AND APPOINTED OFFICIALS” 

9-A “Status Report-City Manager” Mr. Barker had nothing to add, but did state that some projects were close to completion.

Councilman Eyer asked when road repair on Orchard Drive would take place now that the culvert work was complete. Mr. Barker replied that the contractor still needed to come and do the headwall work. Once that was completed, the road would be repaired as part of the summer MFT program.

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

9-B “Chamber of Commerce Report” Councilwoman Fehrenbacher said that the Chamber’s Golf Outing would be held on July 29th. Also, the Chamber had a new Executive Director.

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

9-E “Tourism Board Report” Councilwoman Henton told the Council that Mrs. Sterchi had been working on the Fall Tourism Times advertisement.

AGENDA #10 “PUBLIC COMMENTS/PRESENTATIONS” Heather Yonaka requested for the Council to reconsider changes to the noise ordinance. She asked if the Council would reconsider if she provided a petition of those in favor of such a change. Mayor Lambird told Mrs. Yonaka that he believed a majority of the Council had no willingness to make changes at this time.

Lisa Brooks then approached the Council. Ms. Brooks was a long-time resident of Olney, and told the Council that she supported changes to the noise ordinance. She noted that technology had changed over time to where neighbors with Bluetooth devices and outdoor televisions were disruptive, whether they knew it or not. She felt that the City needed to do better.

Ms. Brooks stated that she taught for a university. When teaching online via Zoom, her students could hear the outdoor noise from her neighbors on Willow Drive.

Ms. Brooks felt that citizens needed peace and civility. She felt that the ordinance should evolve with the technology.

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

The meeting adjourned to closed session at 6:32 p.m.

AGENDA #12 “RECONVENE OPEN SESSION” Councilwoman Fehrenbacher moved to enter back into open session, seconded by Councilwoman Henton. A majority affirmative voice vote was received. Open session resumed at 6:42 p.m.

12-A “Ordinance: Establish the Hourly Rate of the Junior Accountant in the City Treasurer’s Office” The Council was provided with a proposed ordinance that would establish the hourly rate of the Junior Accountant as of July 11, 2022.

Councilwoman Henton moved to approve Ordinance 2022-20, seconded by Councilman McLaughlin. A majority affirmative voice vote was received.

12-B “Resolution: Authorization for Sublet of City-Owned Property” Pacific Cycle had submitted information and a request to sublet a portion of the building that they rented from the City. This provision was allowed per their lease agreement if the City provided written approval.

Councilwoman Henton moved to approve 2022-R-57, seconded by Councilman Eyer. A majority affirmative voice vote was received.

Councilman McLaughlin expressed some concerns regarding Little League following through with some terms of their lease agreement. He felt those issues should be addressed soon. To be clear, the Councilman explained that he was very much in favor of having tournaments, but he wanted to see the terms followed through on as a way to protect the interest of the City.

Mayor Lambird felt that the City needed to have someone work the baseball complex on tournament weekends to do a better job with clean up. Councilman McLaughlin agreed.

Councilmen McLaughlin and Eyer were in favor of hiring a Recreation Director. Councilman McLaughlin said the Little League Board was also in favor.

Councilman McLaughlin had traveled with his family to several out-of-town ball tournaments. It was not uncommon to have a fee charged to watch the event or to charge entire teams a gate fee. He felt that the City should be following suit. Funds raised could go back into the maintenance of the ball complex.

Mayor Lambird also suggested that the lights at the ball complex could be replaced with LED bulbs. Councilwoman Fehrenbacher supported the thought and noted that there were several incentives available for such upgrades.

Mr. Barker then reported to the Council that the Route 130 Sidewalk Project construction was scheduled to begin on July 27, 2022.

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 6:53 p.m.

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