City of Centralia Council met Jan. 27.
Here is the minutes provided by the council:
The City Council for Centralia, Illinois met on Monday, January 27, 2020, in the Council Chambers at Centralia City Hall. Mayor Williams called the meeting to order at 6:00 p.m.
ROLL CALL
Present: Mayor Williams, Councilman Jones, Councilman Smith, Councilman Sauer, and Councilman Marshall
Absent: None
Staff Members Present: Bill Agee, Acting City Manager; Doug Gruenke; City Attorney; Chief Greg Dodson, Police Department; Rose Aldag-McVey, Economic Development Director; Michelle Liggett; Finance Director; Gayla Harting, Community Development Director; Jeff Schwartz, Public Works Director; Kala Lambert, Assistant City Manager; Chief John Lynch, Fire Department; and Kim Enke, City Clerk
PRAYER & PLEDGE OF ALLEGIANCE
Mayor Williams led the Pledge of Allegiance and an opening prayer was offered by Pastor Nancy Peebles.
AMENDMENTS AND/OR ADDITIONS TO AGENDA
None
PUBLIC PARTICIPATION
Vernell Burris addressed the Mayor and City Council in regards to supporting the Police Chief by giving him the power to do something with the drug houses. He also stated that he supported the contract with Dan Ramey for consulting due to the City needing this. He stated that he did have a concern with so many people running stop lights in the city in various locations. He requested that the Police Chief do something about this matter.
Jeff Castellari addressed the Mayor and City Council in regards to his concern regarding why the City needs a 3rd party consultant to run the city. He stated that they have Bill Agee, who is tenured and should know what he is doing since he has been put into the position, as well as an Assistant City Manager. He also asked where the funds of $6,785 is coming from. He stated that he has reviewed the budget and would like to know where it is appropriated in the budget.
Terry Miller addressed the Mayor and City Council concerning the length of time it is taking to find a City Manager. He stated that there has been a search committee and realizes that they want to get the best person that they can get, but Dan Ramey retired and should not be considered for consulting. He asked what the process was for the contract and if the consulting was a bid. He stated that Mr. Ramey wanted to retire, so they should not consider him. He stated that it has taken too much time to address this.
CONSENT AGENDA
A Motion was made by Councilman Marshall and seconded by Councilman Jones to Approve Items 1 & 2 of the Consent Agenda.
1. Approval Of The Minutes Of The January 13, 2020 Council Meeting
2. Approval Of Payrolls And Vouchers In The Amount Of $745,144.52
Ayes: Councilman Jones, Councilman Smith, Councilman Sauer, Councilman Marshall, and Mayor Williams
Nays: None
A majority of the Council voting aye, the motion carried.
REPORTS AND COMMUNICATIONS
None
BIDS
None
ORDINANCES
Mayor Williams stated that he was in favor of approving this liquor license due to it bringing business into the downtown area. He stated that it will be wine and beer that is served. Councilman Jones stated that he feels it would be a very good addition noting that they had already been open with special event permits. Councilman Sauer noted that the previous licenses that were brought before the Council, were voted against by Spanky and himself. He stated that at that time, those liquor licenses were being used as tools for economic development and he didn’t like the way to the tools for economic development were being used. He stated in this instance the location is perfect since it is located between two restaurants. He also noted that when they held the special events there were a lot of younger people that showed up and he feels that is a good thing and it also helps to develop the downtown. He stated that they are also not looking for gaming and that is something that also bothered him with past requests for licenses. A motion was made by Councilman Sauer and seconded by Councilman Jones to Approve An Ordinance Amending The Centralia Municipal Code Regarding An Increase In The Number of Class A Liquor Licenses.
Ayes: Councilman Jones, Councilman Smith, Councilman Sauer, Councilman Marshall, and Mayor Williams
Nays: None
A majority of the Council voting aye, the motion carried.
Councilman Jones stated that it is his understanding that the zoning amendment being proposed is for future developments. Councilman Sauer questioned if there was an activity center that is being proposed. Mayor Williams asked Gayla to explain the zoning amendment. Gayla Harting reported that currently there is nothing in the zoning book that allows for indoor event/activity centers. She stated that she has had some people reach out to her concerning holding events in these zoned areas and by adding this as a special use it would require that each one requested would have to go before the Plan and Zoning Commission with any stipulations that the commission would require. She stated that in the near future she expects requests to come to them. She provided examples such as cooking classes or painting classes that may be held in certain buildings and it be used for economic reasons. A motion was made by Councilman Jones and seconded by Councilman Marshall to Approve An Ordinance Designating An Amendment To The Centralia Zoning And Subdivision Code Division 2 Article III-10-2-3-105.3, 10-2-3-107.3, 10-2-3-108.3, 10-2-3-109.3 and 10-2-3-115.3, Special Uses For The MR-Multiple Family Residential District, B-1 Neighborhood Business District, B-2 Central Business District, B-3 Highway/Arterial Business District and B-4 Corridor Business District, To Include Indoor Event / Activity Center.
Ayes: Councilman Jones, Councilman Smith, Councilman Sauer, Councilman Marshall, and Mayor Williams
Nays: None
A majority of the Council voting aye, the motion carried.
Mayor Williams asked the Chief to address the proposed nuisance ordinance and to explain it further. He stated that he Mayor came to him asking what the City Council could do to strengthen the ordinances in the battle against the drug houses in the city. He stated that one of the things he mentioned was a stronger nuisance abatement ordinances to deal with landlords. Attorney Gruenke explained that the Chief was frustrated in instances where there have been busts at drug houses, they are cleared out and then there is a short period of time before they are being used again for the same thing. He stated that he has been communicating with the Mayor and with the Chief to put a few more tools in the tool box for law enforcement to combat against drug house issues. He stated that this ordinance may not be in final form, but he would like the Council to discuss it and approve it if they like it or discuss it further and then make any suggested changes. He stated that there are two primary things that it does. He stated that if any building is used in violation of the controlled substance act, the methamphetamine act, or cannabis act, this would give the Chief of Police the authority to declare that a public nuisance. He also added that if that determination is made then the Chief can secure the property and prohibit further occupancy of the property until all of three things are done. He noted that one of the three things is that law enforcement will go through the property to determine that there are no longer any substances in the property that would violate those acts. He noted that this could include the use of a canine to ensure the substances are swept out of it. He stated that the second is that it could not be occupied until it has been determined that it complies with the current building codes and then finally if the property was used for manufacturing of methamphetamine or other controlled substances, then the owner would have to have the property inspected by a certified inspector. They would bring the certificate to the Chief of Police to meet the Chief’s satisfaction that there are no toxic or remaining substances in the home. He stated that this would also allow the City to place a lien on the property for the cost of the enforcement of the act. He stated that it includes an umbrella method to charge for the expenses involving the bust including the investigation leading up to the bust, the arrest, and law enforcement time. Chief Dodson stated that this addresses the absentee landlords, slumlords, and the hazardous situations these properties can present to the future tenants. He expressed the effort that is being put into these arrests and the costs involved for the city. He stated that this a way to hold the landlords accountable. He stated that this is for those landlords that are put on notice and turning deaf ears and a blind eye to the problem in order to just to get a rent check each month. He noted that he asked for the language to include the manufacturing of methamphetamine to be added due to the hazardous nature of the byproducts being used and the chance that a family with kids would later live in that home with lingering residue. It is for public safety, a deterrent, and a way to hold the landlords accountable. Councilman Jones asked what the Chief was referring to when he said that he put them on notice. Chief Dodson stated that if the police are getting a lot of complaints or suspecting there is trafficking at the property, he may call the property owner to let them know that they need to address it and if nothing happens and it is a continuing nuisance to the neighborhood, then they need to be held accountable. Councilman Sauer questioned if by giving the property owner notice, they may be endangering their operation. Chief Dodson stated that there are more houses than he has man power to deal with and if he can cure 8-9 houses without having to go through the investigation and make it harder for these people to rent houses in the community, then that is half the battle. He added that he doesn’t care where these people go as long as they aren’t selling drugs in Centralia. Councilman Jones also questioned if the landlord stated that they were trying to evict a tenant, would the Police help. Chief Dodson responded that they would help to get them out, but if it’s the same house and landlord that is moving one dealer out and then another one in then they need to become more responsible and spend some money on the property to make it more attractive to a decent family instead of drug dealers. Councilman Marshall asked if the police inspect the home after the initial bust. Chief Dodson stated that what they can do is determined by the guidelines in the warrant and the court order which sets parameters.
He stated that this ordinance expands the parameters but after the search or arrest warrant, they would have another tool that is broader in scope to look for the presence of drugs, to review the condition of the property to see if it is up to code and evaluate it for potential hazards. Councilman Marshall stated that he agrees with the inspection process but is concerned if there were to be an 85 year old man that is renting a home to someone that is busted for drug dealing without knowing that it is happening and lien is placed on his property. The Chief stated that discretion will be used but there are an abundance of landlords who do know what is going on but not addressing it. He stated that they don’t care about the impact it is having on the community. Councilman Jones noted that the ordinance does give authority to the City Manager to review it and overrule it, so there is a check and balance. Councilman Marshall noted that overruling the Chief would be a big step to take for a new City Manager and stated that he is concerned about putting a lien on a property and possibly taking someone’s property. The Chief said that discretion will be used as it is in other instances but the potential is there and it can be taken to that level if they don’t clean it up. Mayor Williams stressed the need to strengthen the code and make people aware that they will not tolerate it any longer. He also stated that every time these properties are raided it costs additional money. He noted that some of these houses are being rented in areas where there are children. As an example he discussed the recent bust on Perrine St. he stated that this was a great neighborhood, but unfortunately was infiltrated by a drug house. He stated that he wants to see great neighborhoods where the kids will be safe and those in the neighborhood don’t have to be concerned with it. Chief Dodson stated that he strongly urges the Council to pass the ordinance in order to provide these tools to address the problem. Mayor Williams stated that he would also like to see a strong rental ordinance in the city. Councilman Smith stated that landlords should be taking ownership, should be held accountable, and know who they are renting to. Councilman Smith asked the Chief if he was in favor of the ordinance and the way it was written and Chief Dodson stated that he recommended some changes and they were added by Attorney Gruenke concerning the testing for hazardous materials. Councilman Smith stated that he would make the motion to approve the ordinance. Councilman Sauer asked for clarification concerning the hazardous material inspection. Attorney Gruenke stated that the burden would be on the landlord to bring in someone to do the inspection and provide a certificate. Councilman Marshall asked if the item could be tabled with a motion made, the discussion continued.
Councilman Sauer noted there are three things working for the nuisance ordinance. One being the fines which is not being changed. He noted that the owner of the property can get significant fines up to $750 per day, which could add up. He stated that before being fined the owner would have to found to be encouraging or permitting the activity. He stated that he has a problem within the lien process that there in not a requirement for encouraging or permitting. He stated that he felt that if there were some things he suggested be added such as something that stated that they encouraged or permitted the activity in order to get the lien, if it was not the 1st time, or if a ceiling in the amount of lien was added. He stated that there also needs to be some form of notice that would require that they take action within 14 days. He stated that he feels by making these additions, it would eliminate the possibility of finding an innocent landlord. He stated that it is possible to find some innocent landlords and he would like to see this tabled to add some sort of noticing plan. Attorney Gruenke stated that he did update the code to include the new drug act and the ordinance does have that the property can’t be declared a public unless the violation has occurred within the previous 6 months. He stated that this was removed specifically due to the most recent drug bust. He stated that if the amount of the lien is the concern, there could either be a lien with a cap on the amount or language that a lien couldn’t be imposed unless it was within a 6 month timeframe which ever they prefer. Chief Dodson stated that the idea is not to capture money or have a lot of liens, it is to be a deterrent to the landlords. He hopes it will hold them accountable and not allow them to reap profit from the rentals without caring about what is taking place on their property. He suggested if a cap of $4,000 - $5,000 is placed it would help deter them. Councilman Smith stated that he understands what Councilman Sauer is concerned with but if the Chief feels it will work for his departments, he is okay with it. Mayor Williams stressed how he doesn’t want to see the police going back 2 or 3 times and sees this as a deterrent. He stated that this has to stop somewhere. The Chief stated that if he is given this tool, it will be used with good judgement and discretion and it will be used honestly and in a responsible manner. Attorney Gruenke stated that all of the discretion lies with the Chief and also includes an appeal right to the City Manager. Councilman Jones stated that this version can be the first draft to allow for further consideration and discussion. Councilman Sauer stated that he anticipated this being a review and discussion. Gayla Harting stated that if the ordinance would be tabled, she would request to add the Fire Department along with Code Enforcement. Attorney Gruenke stated that it currently doesn’t have fire included but it does have two qualifications that have to be met. He stated that it has to meet the inspection by the police and not have any substances within the property. He stated it also requires that the property meet the current building codes. He stated that now the code enforcement department is responsible for the code compliance. There is nothing that requires that the fire department does the inspection and also there is nothing that prohibits the Code Enforcement department from asking the Fire Department if it meets code. It just has to meet code by the code enforcement department, however they determine to meet that. Councilman Sauer provided a scenario where the ordinance would be challenged in court for being too broad and he asked Attorney Gruenke if it is subject to being invalid due to being so broad. Attorney Gruenke stated that he writes the ordinances so that he is also able to defend them. He stated the statutes give the city vast authority and discretion to define, prevent, and abate nuisances. He stated that looking at the ordinance from the point from where the property is declared a public nuisance, the rest of it is abatement. All of it after the inspections are going to fall into the abatement portion of the statute including the investigation, law enforcement, the use of canine, mutual aid, and code enforcement. Everything before declaring it nuisance in the ordinance would be prevention. He stated that in summary he has written it to meet the statutes. Attorney Gruenke stated that it can be tabled for revision to make any changes that have been suggested. Mayor Williams stated that this forces fire, code, and the police to work together to deal with these houses. Chief Lynch explained that currently he uses his authority where it applies and works hand in hand. Gayla Harting stated that they would like to have something in writing that is a tool that would hold up in court and be solid. Councilman Jones stated that they all are in favor of it and if adding the verbiage is going to make it more effective, waiting for a revision at the next Council meeting is not going to hurt. Councilman Sauer stated that if it is only to be used for the really bad guys, can it be revised so that the rare innocent landlord could not be effected. Attorney Gruenke stated that ideally it would only be effecting the bad guys but when you try to define the bad guys, something is going to be left out. He questioned how it will be proven that the landlord permitted it or allowed it. He noted that by not defining it, the allowance is allowing someone to control the property through the lease. Councilman Sauer also suggested a ceiling or a form of notice. Attorney Gruenke suggested some revisions and reviewed some of the issues. He stated that it can be crafted and shaped but if challenged, it needs to be enforced so that can hold up. Chief Dodson stated that some of the worst landlords are those that have 20-30 homes and in many locations. Councilman Marshall questioned what the estimated cost of the most recent bust was. Chief Dodson estimated that the total costs were approximately $10,000-$12,000 for multiple agencies. Councilman Marshall stated that he was in favor of the ordinance but feels there needs to be revisions to it so the costs are not passed to the landlord.
Due to the motion failing due to the lack of second, a motion was made by Councilman Jones and seconded by Councilman Marshall to Table An Ordinance Providing For Enforcement Of Additional Remedies For Maintaining A Public Nuisance In Violation Of The Illinois Controlled Substances Act, The Methamphetamine Control And Community Protection Act, Or The Cannabis Control Act.
Ayes: Councilman Jones, Councilman Sauer, Councilman Marshall, and Mayor Williams
Nays: Councilman Smith
A majority of the Council voting aye, the motion carried.
Attorney Gruenke suggested that the changes requested be submitted to him in order to make revisions before the next meeting. Councilman Jones stated that he is not against the ordinance but he would like to have the ordinance revised to include some of the suggestions.
RESOLUTIONS
Mayor Williams stated that renaming the old city hall building to the Emergency Operation Center is being made as suggested in order to possibly obtain grant funds. Councilman Jones stated that he had a concern with calling it the emergency operations center when the building houses multiple departments. He stated that he wants to make sure that the public knows that multiple departments are located within the building and when there is an actual emergency, the emergency operation center can be located wherever it is set up at the time of an emergency. Chief Dodson stated that the signage for the building will include the Police, Fire, 911, and ESDA. Councilman Jones stated that is what he was wanting to see. Chief Dodson stated that it will eliminate the confusion by the public and clearly identifies the role of the building. Chief Lynch stated that many communities have headquarters that are named emergency operation centers including Effingham. He stated that they are trying to the take the confusion out of it with the signage on the outside of the building and have one main entrance to access the departments. Chief Dodson stated that he has worked with Chief Lynch, the ESDA Director, and 911 Coordinator and thinks this is the best to clearly identify the role of the building. Councilman Jones suggested that naming and signage for the current City Hall building is also needed in the future. A motion was made by Councilman Smith and seconded by Councilman Jones to Approve A Resolution Naming The Building Located At 222 S. Poplar As The City Of Centralia Emergency Operations Center.
Ayes: Councilman Jones, Councilman Smith, Councilman Sauer, Councilman Marshall, and Mayor Williams
Nays: None
A majority of the Council voting aye, the motion carried.
Mayor Williams stated that the consulting agreement is being proposed due to the City having an acting City Manager at this time since former City Manager Ramey resigned effective January 6th. He stated that adjustments for the role have been made but some work has been done that would be eliminated if the agreement was not made and the work would have to start over including the negotiations. He stated that he feels that the negotiations especially should not stop midway and go back to the beginning in order to continue. He stated that there have been questions concerning the agreement being between Dan Ramey and wanting to know where the money is coming from. He stated that Mr. Ramey was being paid approximately $11,000 per month as City Manager. He stated that he is no longer the City Manager and Bill Agee is doing some of the things that the City Manager would typically do. He stated that the contract will include paying Mr. Ramey approximately $6,000 per month with a cost savings of approximately $5,000. He stated that Mr. Agee’s salary is remaining the same and the City is not losing money, the City is actually gaining some money. He stated that the consulting agreement specifically includes certain items such as labor negotiations, ongoing special projects such as road projects, the main sewer plant, and state and federal regulations and compliance. He stated that if this was dropped and started with someone new, it would cost the city money to begin again. He stated that the question has also came up concerning it taking so long to find a new City Manager. He stated that they could just find someone, but they want someone that is capable of doing the job. He stated that unfortunately there were some that were interviewed that were not hired. He stated that they are not going to hire in haste and are doing the best they can to find the best person they can. He stated that they are not losing money or paying extra money, but added that the money paid to Mr. Ramey will not go toward his retirement with IMRF and it is only a consulting fee. He stated that they are trying to do what is best for the City of Centralia. Councilman Marshall stated that former City Manager Ramey was earning roughly $12,000 a month and now with the contract he would be earning $6,785.00 per month for a 90 day contract. He reviewed the history of the City and the past debt. He also confirmed with Mr. Agee that he didn’t have any past labor negotiation experience. He stated that Mr. Ramey’s past 8 years of experience with labor negotiations is the main reason that he is in favor of the consulting agreement due to his experience and knowledge. He added that some of the unions don’t want to negotiate with him which is why there is an outpouring that is being seen. Councilman Jones stated that a labor attorney would cost a lot more than what is being paid to Mr. Ramey for the 90 day contract. Councilman Smith stated that there are things that himself and others in Centralia are trying to grasp and understand. He stated that the contract is for over $20,000 for Mr. Ramey in addition to another $20,000 that is being paid to the company that has been hired to find another City Manager. He recalled the comment made at the October 28th meeting by Mr. Ramey when he stated that if ono one had been appointed by January 6th, he would do it for free. He stated that this comment resonates with him and several others in Centralia. He stated that he understands the savings due to the contract being less than his previous salary, but a lot of taxpayer’s funds are being spent and they are questioning where in the budget these expenses are being paid from. Councilman Sauer stated that if a bad City Manager would be hired, that would be a waste of the taxpayer’s money. Councilman Smith stated that they have been over that and that is in the past and they need to be progressing and moving forward. Councilman Smith stated that they have been working on this since last summer and they still don’t have a viable candidate although he thought there were one or two that could have been put in place. Councilman Jones stated that the Council agreed to move forward with GovHr. Councilman Smith stated that he agreed to a certain point but there was also a candidate that they all agreed upon earlier. Mayor Williams stated that there was a candidate but he wouldn’t discuss it publically as to why they didn’t move forward except they were either not conducive of the City or the financial package was not good for the City which is most important. He stated that also if the City would have hired one for the amount of money they were requesting, the room then would be packed asking why they were spending that kind of money for a City Manager. Councilman Sauer responded to Mr. Castellari, stating that former City Manager Ramey’s total package with automobile allowance and health insurance, which he wouldn’t get as a consultant, came to approximately $170,000. He added that Mr. Agee is still only making his current salary of approximately $80,000, so there is a savings due to not paying him an additional salary for the duties of City Manager, noting that he presumed that Mr. Castellari thought the additional salary was being paid to Mr. Agee. He stated that the real money is more than just the $6,000 per month including the cost of negotiating the union contracts. He stated that over 8 years ago, the EPA had told the City that they needed to build a new sewage treatment plant with the cost of $15M-$28M. He stated that it is to the credit of Mr. Ramey and the credit of the environmental lawyer and engineers that have been able to delay this for almost 10 years and it is too much of a cost to ignore. He stated that there are also in excess of $1M in road projects that includes engineering that has to be done with the money that is available that Mr. Ramey is involved in. He stated that it is not only $5,000-$10,000 involved in these instances but multiple millions at stake. He stated that Mr. Agee has great knowledge of the City, but he doesn’t have great knowledge of these workings that have been going on for the past few years. He
stated that there is so much at stake that this is not that much money for only the next 3-4 months
A motion was made by Councilman Sauer and seconded by Councilman Marshall to Approve A Resolution Approving
A Consulting Agreement With Tri-County Corporation And Services Inc.
Ayes: Councilman Jones, Councilman Sauer, Councilman Marshall, and Mayor Williams
Nays: Councilman Smith
A majority of the Council voting aye, the motion carried.
OTHER BUSINESS
None
UNFINISHED BUSINESS
None
REPORTS
Councilman Smith stated that concerning the nuisance lien, he wanted to be sure that the department heads have what they need to go forward with it. He doesn’t want any loop holes or cracks. He stated that there are large amounts of landlords including good and bad ones. He stated that he is not against the ordinance but if they are good with it, he wants to move forward and have it written so it could be enforced.
Councilman Marshall reported that he is also not in opposition of the nuisance lien ordinance but he feels that there are changes that need to be made and then he would be happy to vote for it. He also stated that several state employees have recognized and understand the past budget deficit and now recognize that there is a surplus. He stated that residents should also really know and understand when someone has benefited the city. He stated that the surplus is outstanding and there are several people that are out there that can see past the politics and understand that.
Mayor Williams stated that there are 5 individuals on the Council with 5 different opinions but it comes down to one thing, which is what is best for the City of Centralia. He stated that while they may not all agree or the residents may not agree, it does come down to what is best and the majority rules.
ADJOURNMENT
A motion was made by Councilman Sauer and seconded by Councilman Smith to Adjourn the meeting to closed session under 5ILCS 120/2(C)(1) The appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity.
Ayes: Councilman Jones, Councilman Smith, Councilman Sauer, Councilman Marshall, and Mayor Williams
Nays: None
A majority of the Council voting aye, the motion carried, and the meeting was adjourned at 7:12 p.m.
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