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News Title September 4, 2012

Litchfield City Council
Regular Meeting
September 4, 2012

Mayor Thomas F. Jones called the Regular Meeting to order on September 4, 2012 at 6:00 p.m. The Pledge of allegiance was recited. Present on roll call vote were Marilyn Sisson, Dwayne Gerl, Harold Ellinger, Dave Hollo, Tim Hancock, Gary Law, Gene Cailey and Woodrow Street.

Appointment:
A motion was made by Alderman Law and seconded by Alderman Gerl to appoint Mary Ann Frerichs as a Local Election Official in the absence of City Clerk Denise Lueker. The Mayor directed a voice vote, motion carried.

Public Participation Applicant Comments:
None.

Consent Agenda:
Alderman Hollo asked that the bill from D&M Electric for $3808.47 be pulled from the bills to be paid and move this item to New Business. The Mayor moved this item to New Business.
Alderman Cailey made a motion seconded by Alderman Law to approve the items on the consent agenda.

• Reading of Minutes
• Report of Departments and City Clerk
• Authorization to Transfer Funds and to Pay Bills
• A motion to approve an Ordinance amending Ordinance number 3317 of the City of Litchfield, Montgomery County, Illinois, providing for the issuance of taxable tax increment revenue bonds (TIF #1), series 2011, and related matters passed May 3, 2011. (2nd Reading)
• A motion to approve an Ordinance Annexing City Owned, Unoccupied Territories into the Corporate Limits of the City of Litchfield, Montgomery County, Illinois. (2nd Reading)
• A motion to approve an Ordinance Annexing Territories City Owned, Unoccupied into the Corporate Limits of the City of Litchfield, Montgomery County, Illinois. (1st Reading)
• A motion to approve an Ordinance declaring property located at 704 East Columbia as surplus and list the property for public sale. (1st Reading)
• A motion to approve the Downtown Facade Grant application submitted by E.D. Investments, Inc., owner, Steve Dougherty for the property located at 423 North State Street for an amount not to exceed $2,417.35 contingent upon the Building Department granting final approval of materials used and work completed.
• A motion to approve the purchase, installation and maintenance of a new data server with associated software and equipment for the Police Department, from WTI Systems, for a cost of $9,491.
• 7.A motion to approve the expenditures associated with the West Fork Encampment in an amount not to exceed $2,000.
• A motion to approve hiring one temporary worker for Q the Lou to be held on September 14 and 15, 2012 as part of Do the Lou.
• A motion to approve hiring one temporary worker for the LHS All Year Class Reunion.
• A motion to approve the purchase of Largemouth Bass at a cost of $1.50 per fish, totalling $4,250 from Fountain Fish Farm.
• A motion to approve the purchase of Engineered Wood Fiber at a cost of $2,140 delivered for the lake area playgrounds from Stillwater Enterprises in Effingham, IL.
• A motion to approve payment application number 15 in the amount of $63,373.01 with 5% retainage being withheld to Curry Construction for work completed the Water Treatment Plant. (included $1025.00 voted on in New Business)
• A motion to approve pay request number 1 in the amount of $79,986.11 to Baxmeyer Construction, Inc. for work completed on the Tyler Avenue Water Main.


Old Business:

Alderman Cailey made a motion seconded by Alderman Law to approve a Resolution Authorizing and Amending Amounts Due for Lake Leases, Fire Protection and Water Service for Properties that have been annexed into the City of Litchfield on or after February 7, 2012.
The Mayor directed a voice vote, motion carried

Alderman Cailey made a motion seconded by Alderman Law to direct the Mayor to sign a contract with Laker Petroleum Services of Taylorville to remove a pre 1974 underground storage tank found during a sidewalk replacement program of the Streetscape II for and amount not to exceed $5,000. City Administrator Ritchie explained that a second tank has been found and it is full of water. Ritchie recommends the council amend the motion to allow the Mayor to continue to make changes on site in the Streetscape II project and to give him the authority to enter into contract with Laker for 2nd tank removal and report any action to the change order committee. The Mayor agreed this amendment should be made so these change orders can be handled while Laker is on site.
Alderman Hancock made a motion seconded by Alderman Law to amend the original motion to give the Mayor authority to enter contract with Laker on any change orders on the Streetscape II project. Any changes would still have to go to the change order committee for their approval.
The Mayor directed voice vote to amend the motion, motion carried
The Mayor directed a voice vote on the amended motion, motion carried.

Alderman Cailey made a motion seconded by Alderman Law to approve a Bid for Construction of Lake Yaeger Intake Structure Modifications in the amount of $240,250 from Korte & Luitjohan.
The Mayor directed a roll call vote.
Aye: Alderman Sisson, Gerl, Ellinger, Hollo, Hancock, Law, Cailey and Street.
Nay: None
Motion carried.

Alderman Cailey made a motion seconded by Alderman Gerl to approve an Engineering Proposal for designing construction with Crawford, Murphy & Tilly to replace the raw water supply and the potable water pressurized lines under Dr. Ishmael’s and Ernst Family Farms to the north of the old water treatment plant site for an amount not to exceed $16,000. CMT Labelle explained the cause of corrosion on this line.
The Mayor directed a voice vote, motion carried.

Alderman Cailey made a motion seconded by Alderman Law to approve a Resolution listing declared surplus properties 314 South Brown, 336 South Douglas and 338 South Douglas, “For Sale by Owner” and sold, as prescribed by law. City Attorney Kit Hantla explained the process for selling. There is no appraisal required but the City does need to adopt a resolution, publish the sale in the paper, wait 30 days after publication then the bids have to pass Council with a ¾ vote.
Alderman Ellinger seconded by Aldermen Law made a motion to amend to the motion to add the sealed bids are to be used in the bidding process.
The Mayor directed a voice vote on amending the motion, motion carried
The Mayor directed a voice vote on the motion as amended, motion carried.

Alderman Caily made a motion seconded by Alderman Law to approve Change Order Number 12 to relocate an air valve which is too close to the infrared heaters for $1,025 at the Water Treatment Plant. Alderman Hollo stated to Council that this was a design flaw, the repairs were done prior to Council approval and it is his opinion CMT is responsible and not the City for the additional charges. Ted LaBelle explained what was done at the plant and Water Superintendent Weller was aware of the situation. Labelle explained the cost of the original bid would have been higher if this was shown on the plan.
The Mayor directed a roll call vote.
Aye: none
Nay: Alderman Sisson, Gerl, Ellinger, Hollo, Hancock, Law, Cailey and Street
Motion Failed.


New Business:

Alderman Ellinger made a motion seconded by Alderman Law to authorize payment of $295 to Williams & Co. Consulting, Inc. for petroleum tank operator training for Jim Cadwell and to authorize the City Clerk to cut a check.
The Mayor directed a voice call vote, motion carried.




John Leonard, President of the Park District spoke concerning the award of a contract to remove silt from Walton Lake and deposit it in Walton Park and the Water Treatment Plant Grounds for the Park District’s Mud to Parks Grant. The Park District has received 2 bids and the low bid was $206,000 which is $66,000 over the grant received. Most of this is transportation of dirt to water treatment plant. (Approximately 4000-6000 cubic yards). Options were discussed. The grant expires in 2014. Per City Administrator Ritchie, if we store the dirt it will be easier to handle once it dries out. Per Ritchie the City has the funds to put this silt at the water treatment plant.
Alderman Law made a motion seconded by Alderman Cailey to pay $66,000 to use the silt at the water treatment plant.
The Mayor directed a roll call vote.
Aye: Alderman Sisson, Gerl, Ellinger, Hollo, Hancock, Law, Cailey and Street
Nay: None
Motion carried.

Alderman Hollo asked for a bill presented by D & M Electric to be removed from the bills and discussed. The bill is for $3,308.47. CMT engineer Ted LaBelle explained the charges. At the treatment plant, the contractor drilled through electric lines and the lights did not work any longer. D & M re-routed the conduit. Alderman Hollo stated he did not believe the City should have to pay for this error. He believes the contractor or CMT should pay D & M Electric. Labelle asked for a delay in discussing this charge until he can investigate exactly what happened.
Alderman Hancock made a motion seconded by Aldermen Cailey to table this bill until the next regular Council meeting.
The Mayor directed a voice vote, motion carried.

Alderman Law made a motion seconded by Aldermen Hancock to enter in Executive Session as allowed under the Illinois Open Meetings Act, as found in Chapter 5 of the Illinois Compiled Statutes, Section 120, to address these certain and restricted items:

Litigation (5ILCS 120/2©(11))
The Mayor directed a roll call vote to enter into executive session.
Ayes: Alderman Sisson, Gerl, Ellinger, Hollo, Hancock, Law, Cailey, Street.
Nay: None
Motion carried
Council entered Executive session at 6:48 p.m.

With no further business to be conducted after exiting Executive Session, Alderman Hancock made a motion seconded by Alderman Law to adjourn the regular meeting.
The Mayor directed a voice vote, the regular meeting of the City Council adjourned at 7 p.m.

Attest: Approved:



Denise M. Lueker Thomas F. Jones
City Clerk Mayor