East Central Reporter

City of Olney City Council met Nov. 28.

Here are the minutes provided by the council:

AGENDA #1 “CALL TO ORDER” The November 28, 2022, 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. Jason Burkhartt led the group in prayer.

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

AGENDA #4 “PRESENTATION OF CONSENT AGENDA”

4-A “Approve Minutes of the Council Meeting on November 14, 2022”

4-B “Approve and Authorize Payment of Accounts Payable November 29, 2022” Pooled Cash $160,689.08, Manual Pooled Cash $4,229.34, Utility Refunds $1,592.64, Police Pension $3,517.50, Tourism $1,300.00, Christmas Light Display $964.77, Route 130 TIF $24,985.50

4-C “Raffle License: SWAN”

4-D “Ordinance: Authorize the Disposal of Personal Property Owned by the City of Olney by Recycling – Unusable Bicycles from the Police Department” 2022-39 4-E “Payment Request: Olney Wastewater Treatment Plant UV Disinfection”

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 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/Possible Lake Structure Variance: 5435 N. Lakewood Road” The Council was provided with a Request for Appeal regarding lake structures, a letter from Frank Bradley (Water Plant Supervisor) and Dallas Colwell (Code Enforcement Officer), and a photo of an installed boat lift at 5435 N. Lakewood Road.

Earlier in the year, several changes were made to the ordinances in regard to City lakes. One of the changes was that any granting of variances related to the lakes should be heard by the City Council only and not the Board of Appeals.

Applicant Kevin Brinkley addressed the Council. Mr. Brinkley reminded the Council that a variance for installation of a dock at this property was approved earlier in the year. The property owners wanted to install boat lifts on either side of the dock. Mr. Brinkley advised that a few boats had sunk on East Fork Lake over the past few years, and these boat lifts would help protect their boat investments.

Councilman McLaughlin moved to approve a lake structure variance at 5435 N. Lakewood Road that would allow for the installation of 2 boat lifts on the existing dock, seconded by Mayor Lambird.

Councilman Eyer asked for the width of the current dock. Mr. Brinkley replied that the width was 36-feet. Councilman Eyer noted that was the largest width allowed by ordinance. With the addition of the boat lifts, that would total 56-feet.

Councilman Eyer pointed out that the application said that the owners were wanting to attach boat lifts, but he was aware that the lifts had already been installed. Mr. Brinkley confirmed. The owners were not aware that a permit would be needed for the installation. He added that the lifts were not driven into the ground. Rather, they were on a foot pad that sat on top of the lake floor. He apologized for the premature installation.

Mayor Lambird asked if boat lifts had to be permitted in the past. Mr. Bradley indicated that lifts were usually built and/or installed with docks, so that would show up on the dock permit application.

Mayor Lambird called a vote to the motions made above. Councilman McLaughlin and Mayor Lambird voted yes. Councilwoman Henton and Councilman Eyer voted no. The motion failed due to lack of majority.

8-B “Request: Class V Liquor License for Olney Smoke Shop” The Council was provided with a Class V liquor license application for Infinity Leasing, LLC, d.b.a Olney Smoke Shop. Bhavesh Arora was present to speak with the Council.

Mr. Arora had opened Rockstar Gaming at 315 S. Whittle Avenue earlier in the month. He told the Council that he was now under contract for a space in Olney Center, near WalMart. Mr. Arora had wanted to have a smoke shop/gaming establishment, but since application, he had decided he would instead want to open another standard gaming parlor.

Councilman Eyer remained steadfast in his disapproval of gaming establishments. He pointed out that this was the fourth such request in the last three months, and a total of eight had been approved in the past three years. He felt that was completely ridiculous.

The Councilman was also aware of arguments for allowing such establishments. Even so, he asked the Council what they wanted the community to look like. He noted that such establishments were in every quadrant of town. He again asked his non-rhetorical question of, “When do we say enough is enough?” He did not believe the continuous granting of such licenses was healthy for the community.

Councilwoman Henton asked how many other gaming parlors were in Olney Center. Mr. Arora replied that there were currently two parlors, and he would be the third. He desired this location because of the high traffic.

Councilman Eyer asked if Mr. Arora’s proposed establishment offered any kind of new service or opportunities. Mr. Arora said that his only point of difference would be ambience and customer service.

Councilman McLaughlin did not see any reason for this discussion to continue. He pointed out that there would not be enough aye votes to pass at this evening’s meeting. Mayor Lambird agreed and told Mr. Arora that the Council was not willing to approve the request at this time.

8-C “Possible Ordinance: Amend Section 5.12.070 (Restriction on Number of Licenses Authorized) of the City of Olney Municipal Code” No action on this item was needed since item 8-B was not approved.

8-D “Presentation: Firefighters Pension Required Reporting to Municipality” The Council was provided with a copy of the Firefighters Pension Required Reporting to Municipality.

Mrs. Guinn stated that this reporting was statutorily required. She pointed out that the Fund’s actuarial value as of April 30, 2022, was $2,579,748.00. The assumed investment return was 7.125%, but the actual investment return for the fiscal year had been -7.08%. The prior fiscal year’s assumed investment return had been 5.75%, and the actual investment return had been 9.29%.

Mrs. Guinn continued to report that the Fund’s funded ratio was at 68%. Unfunded liabilities totaled $1,213,607.00.

Councilwoman Henton moved to approve the Firefighters Pension Required Reporting to Municipality, seconded by Councilman Eyer. A majority affirmative voice vote was received.

8-E “Presentation: Firefighters Pension Board Formal Request for Tax Levy” The Council was provided with a formal request for tax levy by the Firefighters Pension Board.

Mrs. Guinn told the Council that at the November 22, 2022, meeting of the Firefighters Pension Board, they unanimously approved requesting the Council to levy a recommended amount for the 2022-2023 tax levy in the amount of $220,134.00. This total included the minimum contribution amount of $81,616.00, $13,518.00 for expenses, and an additional contribution amount of $125,000.00. Overall, the suggested levy amount was about $30,000.00 less than the past few years.

Councilman McLaughlin moved to approve the Firefighters Pension Board formal request for tax levy, as presented, seconded by Councilwoman Henton. A majority affirmative voice vote was received.

8-F “Presentation: Police Pension Required Reporting to Municipality” The Council was provided with a copy of the Police Pension Required Reporting to Municipality.

Mrs. Guinn stated that this reporting was statutorily required. She pointed out that the Fund’s actuarial value as of April 30, 2022, was $6,621,389.00. The assumed investment return was 6.80%, but the actual investment return for the fiscal year had been -3.84%. The prior fiscal year’s assumed investment return had been 6.25%, and the actual investment return has been 19.39%.

Mrs. Guinn continued to report that the Fund’s funded ratio was at 54%. Unfunded liabilities totaled $5,651,445.00.

Councilwoman Henton moved to approve the Police Pension Required Reporting to Municipality, seconded by Councilman McLaughlin.

Mayor Lambird asked for the prior year’s funded ratios. Mrs. Guinn replied that for the Police Pension, the prior year’s funded ratio was at 48%. For the Firefighters Pension, the prior year’s funded ratio was at 59%.

Councilman Eyer asked why the actual investment returns were so low. Mrs. Guinn said that the assumed rates were dictated by the State’s actuarial firm. The losses were directly tied to the market performance.

A majority affirmative voice vote was received to the motions made above.

8-G “Presentation: Police Pension Board Formal Request for Tax Levy” The Council was provided with a formal request for tax levy by the Police Pension Board.

Mrs. Guinn told the Council that at the November 15, 2022, meeting of the Police Pension Board, they unanimously approved requesting the Council to levy a recommended amount for the 2022-2023 tax levy in the amount of $636,112.00. This total included the minimum contribution amount of $544,094.00, $17.018.00 for expenses, and an additional contribution amount of $75,000.00. Overall, the suggested levy amount was also less than the past few years.

Councilman McLaughlin moved to approve the Police Pension Board formal request for tax levy, as presented, seconded by Councilwoman Henton. A majority affirmative voice vote was received.

8-H “Discussion: Tax Levy” Earlier in the week, Mrs. Guinn had disbursed tax levy options to the Council. The Supervisor of Assessments had estimated that the EAV for the City would increase somewhere between 5% and 6%. Mrs. Guinn used the 6% number for her calculations in order to maximize the amount received in funds with maximum rates.

Option 1 was calculated with adjustments, as needed, which would lower the City’s tax rate by 0.1790. Option 2 would keep the dollars requested the same as last year, and but would lower the tax rate by 0.1070.

The only suggestion for the Olney Public Library would lessen that tax rate by 0.0060, but would give the Library $6,294.08 more in dollars.

Mrs. Guinn and the City Manager recommended the Library’s suggestion, and Option 1 for the City.

Councilman McLaughlin moved to approve the Library’s suggested levy, and Option 1 for the City.

Mrs. Guinn said that the options were just presented for discussion this evening, and the Council would take formal action on December 12, 2022.

Councilman McLaughlin retracted his motion.

8-I “Resolution: Accept Quote for Sewer Department Camera System Repair, Waive Formal Bidding Procedures, & Amend the 2022-2023 Budget” The Council was provided with a proposed resolution that would accept quotes for camera system repair for the Sewer Department, waive formal bidding procedures, and amend the 2022-2023 budget. The Council was also provided with quotes for the repair from EJ Equipment, Inc, of Troy, Illinois.

The Sewer Department’s camera system had been getting a lot of use and had not been serviced in at least the past 2 years. The system was now in need of repair. Mrs. Guinn told the Council that the cost to repair these components would total $13,646.25. The Sewer Department’s budget had enough funds left in the Chemicals line item to cover the costs.

Councilman Eyer asked if the budget amendment would leave the Sewer Department short on funds to purchase chemicals. Mrs. Guinn did not believe so. Extra funds were budgeted in that line item to prepare for if and when extra phosphorous would be required. It did not appear, at this time, that requirement would be coming soon.

Councilman McLaughlin asked why no additional quotes were received. Mr. Barker replied that the service needed was in a niche market. Such repairs in this area were only done by this facility.

Councilwoman Henton moved to approve 2022-R-79, seconded by Councilman McLaughlin. A majority affirmative voice vote was received.

8-J “Resolution: Authorize Actions Related to Specific Bank Accounts” The Council was provided with a proposed resolution that would authorize actions related to specific bank accounts.

Mrs. Guinn reminded the Council that last year, they had authorized the creation of a new bank account for receipt of ARPA funds. The Council had also previously agreed to use the ARPA funds to pay police and fire salaries. The money that the City saved from those salaries would then go towards the Walnut/Main Street Storm Sewer Project.

Mrs. Guinn was seeking authorization to close out the ARPA bank account and transfer those funds to the Walnut/Main Street Storm Sewer Project bank account. She was also seeking authorization to open a new bank account for grant funds that would be coming for the Walnut/Main Street Storm Sewer Project. These grant funds would need to be kept separate.

Councilwoman Henton moved to approve 2022-R-80, seconded by Councilman Eyer. A majority affirmative voice vote was received.

8-K “Resolution: Accept Quote for Water Plant Backwash Pump, Waive Formal Bidding Procedures, & Amend the 2022-2023 Budget” The Council was provided with a proposed resolution that would accept a quote for backwash pump repair at the Water Plant, waive formal bidding procedures, and amend the 2022-2023 budget. The Council was also provided with a copy of the quote received from Pump Repair Specialist, Inc, of Oblong, Illinois.

Mr. Barker explained that the Water Plant’s backwash pump had not been pumping. The extensive repair also included the need to bust out the concrete floor where it had been installed, and replace that portion of the flooring.

Mr. Bradley told the Council that it was an emergency repair that had been needed, so the work had already been completed.

Councilwoman Henton moved to approve 2022-R-81, seconded by Councilman McLaughlin. A majority affirmative voice vote was received.

8-L “Discussion/Update: Status of 410 E. Main Street” The old, Olney Cleaners building at 410 E. Main Street had a partial collapse on November 11, 2022. Mayor Lambird reported that at the time, the building was owned by a man from Chicago. Within 48 hours, the building ownership had been transferred to a couple that had resided in the building previously. Since all of that, the City had been able to get ownership of the building in order to expedite demolition. Earlier this day, asbestos abatement had begun. The Mayor expected that the building could be demolished in about a week or so.

AGENDA #9 “REPORTS FROM ELECTED AND APPOINTED OFFICIALS”

9-A “Status Report-City Manager” Mr. Barker had nothing additional to report.

9-B “RCDC Report” Mrs. McClain told the Council that Hovey’s would be set up at the Chamber of Commerce for Moonlight Madness on December 2, 2022. Hovey’s was attached to the Olney Cleaner’s building and had not been able to be open for business since the collapse. Hovey’s would be selling chili and gift cards for Moonlight Madness. Mrs. McClain encouraged the public to show their support by making purchases from Hovey’s this coming Friday.

9-C “Chamber of Commerce Report” Mayor Lambird said that restaurants would also be participating in the Chamber’s Moonlight Madness event.

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

9-E “Tourism Board Report” There was no report.

AGENDA #10 “PUBLIC COMMENTS/PRESENTATIONS” Councilman McLaughlin was the sponsor for RCHS’ Interact Club. The Club had put on the Olney Christmas Parade on November 26, 2022. The Councilman thanked Mrs. Sterchi, the Police Department, Street Department, and Sewer Department for their assistance with the parade. Due to extenuating circumstances with a portion of Main Street being closed and rain in the forecast, the parade route had changed and the time moved up to 5:00 p.m. All had gone smoothly.

Mayor Lambird thanked the Interact Club for putting on the parade.

Councilman McLaughlin added that he did have a crew ready to pick up trash the morning following the parade, but there was heavy rain. He apologized to area residents for the delay, but said he would have Interact members cleaning up the trash soon.

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

The meeting adjourned to closed session at 6:23 p.m.

AGENDA #12 “RECONVENE OPEN SESSION” Councilwoman Henton moved to enter back into open session, seconded by Councilman McLaughlin. A majority affirmative voice vote was received. Open session resumed at 6:44 p.m.

12-A “Discussion/Possible Action: Letter of Intent for Real Estate Agreement with Organic Works, LLC.” Organic Works, LLC, was seeking a letter of intent for a real estate agreement for land located in the Whittle Avenue Industrial Park. Mrs. McClain suggested that the letter expire in 12 months.

Councilman McLaughlin moved to authorize a letter of intent for a real estate agreement with Organic Works, LLC, seconded by Councilman Eyer. A majority affirmative voice vote was received.

The Council briefly discussed additional Code amendments regarding City lakes.

Mrs. Guinn told the Council that she planned to invest $1,000,000.00 into an 18-month CD at a 4% interest rate.

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

The meeting adjourned at 6:46 p.m.

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