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City of Fairfield Council met July 24.

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City of Fairfield Council met July 24.

Here is the minutes provided by the Council:

Meeting called to order by Mayor Brent Maguire at 6:00 P.M.

Prayer led by Alderman Ralph Barbre followed by the pledge of allegiance to the flag. City Clerk Tina Hutchcraft called the roll:

Mayor: Brent Maguire

City Clerk: Tina Hutchcraft

City Treasurer: Julie Duncan

City Attorney: Darrin Rice

Aldermen: Ralph Barbre; Mike Pottorff; Jim Griffith; Tyler Lampley; Eugene McGill; Jerry Lisenbee; Ed Prince

Absent: Alderman Terry Stahl

Also Present: Jeff Vaughan, Wayne County Press; Kyle Ellis; Wayne County Press; Ken Otey, WFIW Radio; Andrew Miller, Fire Chief; Keith Colclasure, Police Chief; Silas Eckleberry, Assistant Police Chief; Flo Simpson, FADC; D.E. Young, Garage Department; Kevin Leonard, Water Distribution; Rick Doty, Gas Department; Shannon Woodard, Connor & Connor; Attorney Dan Schuering; DiElle Rogers; and other citizens from the community.

The minutes of the meeting of July 10, 2018, agendas and bills of July 24, 2018 were sent out to those entitled to receive them. Mayor Maguire asked for approval of the minutes for the July 10, 2018 meeting. Motion by Alderman Griffith, seconded by Alderman Lampley to approve the minutes of the meeting of July 10, 2018.

Vote yes: Pottorff; Prince; Barbre; Griffith; Lampley; Lisenbee; McGill Vote no: none

Absent: Stahl

Mayor Maguire declared motion carried.

Mayor Maguire asked for approval to pay the bills for the July 24, 2018 meeting. A motion was made by Alderman Barbre, seconded by Alderman Pottorff to approve the bills for payment. Vote yes: Prince; Barbre; Griffith; Lampley; Lisenbee; McGill; Pottorff

Vote no: none

Absent: Stahl

Mayor Maguire declared motion carried.

Public Comments – Ryan Rice stated he was speaking tonight to educate the Council on how to use TIF money to better our town and our community. He stated the City of Collinsville uses TIF money to give money to the schools to have a job training program at their high school. That would be a good way to attract companies showing them that we are trying to train a workforce. He also would like to see TIF money used to pay for public park improvements such as splash parks, splash pads and water parks. He feels this would attract young families and tourist dollars to our area. He would like to see it used to improve the downtown streetscape and to build a playground for special needs and handicapped children. Mr. Rice does not feel TIF money should be used for water line replacement. He said the money should be used for economic development, to bring in new business and to better our community.

Public Comments – Luke Harl spoke to the Council concerning the use of TIF funds. He feels the City of Fairfield is unique because we own all of our utilities. That is called an enterprise fund. The enterprise fund in government is to be self sufficient meaning its revenues will cover all its expenses and cover all its costs of projects. He feels that by allocating TIF money into the water project would be a poor public finance practice to get in the habit of doing. Last March Mr. Harl conducted a financial analysis on the city. He has seen the funds in the enterprise fund and the debt that the city has accrued over the course of time. From his perspective he would like to see the TIF money to be allocated on something that could improve economic development. He stated the city has three choices to pay for the water line issue. We could pay for it out of the enterprise fund in which we would have to raise rates in order to do that and the city just recently had a rate increase. We could pay for it by taking out more debt which he wouldn’t recommend since we are already at our debt limit or we could allocate the TIF money for the project. He stated if the Council does choose to use TIF for the water line project, as a concerned citizen, he would like to see a plan to improve the management of the enterprise fund and the utility account so we don’t have to keep using TIF for these kinds of projects.

Ordinance No. 18-0724-158 – Rezone Property – We had a public hearing concerning rezoning this property at 5:45 p.m. Airtex has asked for property located at the corner of Center St. and Leininger Rd. to be rezoned from an R-2 zone to a B-3 zone. They have requested this rezone for a potential buyer who wants to place a storage facility on it. The zoning board recently met and they recommend Council approve this request. A motion was made by Alderman Prince, seconded by Alderman Lampley to approve the real estate at the corner of Center St. and Leininger Rd. to be rezoned from an R-2 zone to a B-3 zone.

Vote yes: Barbre; Griffith; Lampley; Lisenbee; McGill; Pottorff; Prince

Vote no: none

Absent: Stahl

Mayor Maguire declared motion carried and Ordinance No. 18-0724-158 approved and duly adopted.

Ordinance No. 18-0724-159/Appropriations – A public hearing was held at 5:50 p.m. concerning the annual appropriations. The total amount of the appropriations is $23,056,867.00. A motion was made by Alderman Barbre, seconded by Alderman Pottorff to approve Ordinance No. 18- 0724-159 adopting the Fairfield Appropriation Ordinance for the fiscal year beginning May 1, 2018 and ending April 30, 2019.

Vote yes: Barbre; Griffith; Lampley; Lisenbee; McGill; Pottorff; Prince

Vote no: none

Absent: Stahl

Mayor Maguire declared motion carried and Ordinance No. 18-0724-159 approved and duly adopted.

Resolution No. 18-0724-271/Street Closing Request for Fall Fun Fest – The Council needs to approve this resolution for the street closing for the Fall Fun Fest. The Fun Fest is scheduled for September 12th – 15th. Alderman McGill made a motion, seconded by Alderman Prince to adopt Resolution No. 18-0724-271 approving the street closing for the Fairfield Fall Fun Fest.

Vote yes: Griffith; Lampley; Lisenbee; McGill; Pottorff; Prince; Barbre

Vote no: none

Absent: Stahl

Mayor McGuire declared motion carried and Resolution No. 18-0724-271 approved and duly adopted.

Ordinance Approving Service Provider Fees with NewWave – On May 17, 2018 NewWave obtained a State-Issued Authorization to provide video service in our community pursuant to state law. This state-level authorization replaces any franchise agreement we have with them. Franchise fee payments will now be called “service provider fees”. Under the statute, NewWave would not be required to pay the service provider fee unless the city adopts an ordinance imposing the fees. This ordinance states we will collect 3% of their annual gross revenues that are derived from NewWave providing video or cable services to households located in Fairfield. Alderman Barbre said the ordinance says fees will be paid on video and cable services but NewWave sells more than just these services. They also provide phone service and internet service and he asked if we could also include these services in this ordinance and receive fees for these services as well. Attorney Rice will look into this issue and will report back at the next meeting.

Water Projects – Shannon Woodard with Connor & Connor Engineers made a presentation to the Council about possible water projects within the city. He spoke about a water line replacement from Douglas Street from East 7th to West 7th Streets. The line is very old and is cast iron and five line breaks have already occurred this year. The total cost of this project is $635,000. With this line being in a primarily residential area there are potentially some grant funds available to assist with that cost. These grants require that the area meets low to moderate income criteria, a threat to health and safety, and it has to be project ready. The city’s portion could be as low as $135,000.

He also spoke about a water line replacement along Main and Delaware prior to the state’s resurfacing project in 2021. These lines are also cast iron and have many breaks each year. Replacement of these lines would improve water pressure and fire hydrant capabilities in the downtown area. The estimate to replace everything where we have as it relates to state right-a- ways is $2,763,000. The estimate to replace lines only where IDOT work is planned is $2,027,000. Fire Chief Andrew Miller confirmed that improved water pressure and volume as well as improved hydrant capabilities are much needed.

Another project discussed was the possibility of removing the existing water tower by the Power Plant and replacing it with a new tower which would be constructed in the eastern part of Fairfield. The old tower needs painting and the cost for that has been estimated to be between $400,000 and $600,000. The construction of a new tower would also result in the elimination of two pump stations and the stand pipe tank that is located by the golf course. The engineering estimate of the water tower project is $1,390,000.

Mr. Woodard also spoke about what monies would be available to pay for these projects. He talked about our water and sewer accounts and suggested our rates be evaluated and adjustments be made. He said our sewer rates are extremely low and our sewer plant is not very far from needing major upgrades. He also suggested that rates be automatically increased annually. There has been a lot of talk about not using TIF funds for utilities and the money should be used for public recreation type projects. He reminded the Council that TIF development is structured around improving blighted areas. It should be used for projects to improve drainage, fire protection, utility services, sidewalks, roads - infrastructure as a whole. The other things are just perks but to improve blighted areas is what this money was originally intended to be used for. He encouraged the Council to use these funds for these types of improvements.

School Resource Officer – Mayor Maguire reported that he has been in discussion with the high school concerning placing an officer there. Mayor Maguire, Chief Colclasure and some aldermen have met with Superintendent Fulkerson and her board members and discussed this issue. Mayor Maguire asked for Council permission to give him the authority to negotiate an agreement with Fairfield Community High School concerning a school resource officer. Once completed, this agreement will be brought back to the Council for approval. A motion was made by Alderman Pottorff, seconded by Alderman Barbre to authorize the Mayor to negotiate this agreement.

Vote yes: Lisenbee; McGill; Pottorff; Prince; Barbre; Griffith; Lampley Vote no: none

Absent: Stahl

Mayor McGuire declared motion carried.

Resolution No. 18-0724-272 Authorizing Access License Agreement – Under the court order in Airtex’s bankruptcy case they are required to conduct remediation efforts. Their engineer wants to look at, analyze and run some tests through the sewer line that runs just immediately east of Airtex Plant 2 by the Wayne County Ambulance building. They have detected some possible chlorinated solvents there and want to run some more tests. They cannot access the sewer without the city giving them authorization to do so. A motion was made by Alderman Lampley, seconded by Alderman Prince to approve this resolution giving GSI Environmental access to the sewer right-of-way located at and under the sewer manhole that exists at the intersection of SW 7th and West King Street and the sewage line running approximately due westward to and under a sewage manhole that exists on Airtex Plant 2 property for the purpose of performing environmental investigation and remediation work for Airtex Products.

Vote yes: McGill; Pottorff; Prince; Barbre; Griffith; Lampley; Lisenbee

Vote no: none

Absent: Stahl

Mayor McGuire declared motion carried and Resolution No. 18-0724-272 approved and duly adopted.

Resolutions Authorzing Redevelopment Projects for the City of Fairfield and Other Actions in Connection Therewith – Attorney Dan Schuering told the Council the first resolution to consider is to authorize a redevelopment project for the City of Fairfield to use TIF funds for the replacement of the HVAC system and two replacement doors for the City Council Chambers. Alderman Pottorff made a motion, seconded by Alderman Griffith to approve this resolution.

Vote yes: Pottorff; Prince; Barbre; Griffith; Lampley; Lisenbee; McGill

Vote no: none

Absent: Stahl

Mayor McGuire declared motion carried and Resolution No. 18-0724-273 approved and duly adopted.

The second resolution is to authorize a redevelopment project for the City of Fairfield to use TIF funds for demolition of the old fire station and the old Chamber of Commerce building and renovation of City Hall. We would still need to go out for bids for this project and these bids will be brought back to Council for approval. An agreement with an engineering firm will also be presented later for Council consideration. Alderman Barbre asked if any cost estimates were given for repairing the building as opposed to tearing it down. He is concerned about that building being attached to this building. Mayor Maguire said he did not get estimates for repairs of the building but also stated that part of the engineering estimate includes reinforcement of the common wall. Attorney Schuering stated that this resolution is only approving this as a redevelopment project and saying the project is eligible to be paid for with TIF funds. A motion was made by Alderman Lampley, seconded by Alderman Prince to approve this resolution. Vote yes: Prince; Barbre; Griffith; Lampley; Lisenbee; McGill; Pottorff

Vote no: none

Absent: Stahl

Mayor McGuire declared motion carried and Resolution No. 18-0724-274 approved and duly adopted.

Budget for Redevelopment Project – Attorney Schuering presented a preliminary budget for the improvement of Main and Delaware streets and to authorize the Mayor to negotiate necessary agreements, contracts or other matters necessary to further the development of this project for later consideration by the City Council. This budget also includes the water main improvements. A motion was made by Alderman Lisenbee, seconded by Alderman Lampley to approve this preliminary budget and to give Mayor Maguire authorization to negotiate the agreements, contracts and other matters related to this project. All of these agreements and contracts will be brought back to the Council for approval and at that time the Council will also vote as to how these projects will be paid for.

Vote yes: Griffith; Lampley; Lisenbee; Pottorff; Prince Vote no: Barbre; McGill

Absent: Stahl

Mayor McGuire declared motion carried.

Scope of Work and MOU – A motion was made by Alderman Pottorff, seconded byAlderman Griffith to authorize the Mayor to negotiate a scope of work and memorandum of understanding to be considered for approval by the City Council with Connor & Connor Engineers for the development of preliminary plans for the rehabilitation or replacement of water mains on Main and Delaware Streets.

Vote yes: Griffith; Lampley; Lisenbee; Pottorff; Prince Vote no: Barbre; McGill

Absent: Stahl

Mayor McGuire declared motion carried.

Executive Session – Alderman Griffith made a motion, seconded by Alderman McGill to go into Executive Session to discuss Section 2(c)(21) – discuss minutes of closed session meetings. Vote yes: Griffith; Lampley; Lisenbee; McGill; Pottorff; Prince; Barbre

Vote no: none

Absent: Stahl

Mayor Maguire declared motion carried.

Return to Regular Session – Alderman Pottorff made a motion, seconded by Alderman McGill to return to regular session.

Vote yes: Barbre; Pottorff; Griffith; Lampley; McGill; Lisenbee; Prince

Vote no: none

Absent: Stahl

Mayor Maguire declared motion carried and Council returned to regular session at 7:36 p.m.

Resolution No. 18-0724-275/Release of Executive Session Minutes – Alderman Griffith made a motion, seconded by Alderman Prince to approve Resolution No. 18-0724-275 regarding the release of executive session minutes.

Vote yes: Lampley; Lisenbee; McGill; Pottorff; Prince; Barbre; Griffith

Vote no: none

Absent: Stahl

Mayor Maguire declared motion carried and Resolution No. 18-0724-275 approved and duly adopted.

Resolution No. 18-0724-276/Authorizing Destruction of Recordings – Alderman Pottorff made a motion, seconded by Alderman Prince to approve Resolution No. 18-0724-276 authorizing the destruction of audio recordings for closed session meetings.

Vote yes: Lisenbee; McGill; Pottorff; Prince; Griffith; Lampley

Vote no: Barbre

Absent: Stahl

Mayor Maguire declared motion carried and Resolution No. 18-0724-276 approved and duly adopted.

Adjourn Meeting – Motion by Alderman Pottorff, seconded by Alderman McGill to adjourn the meeting.

Vote yes: 7

Vote no: 0

Absent: 1

Mayor Maguire declared meeting adjourned at 7:39 p.m.

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