The regular City Council meeting of Monday, February 5, 2007 was called to order at 6:30 p.m. in the Training Room at Fire Station No.1. Answering for Roll Call were Aldermen Al Howerter, Dave Dingledine, Jim Newman, Bob Brucks, Dennis Landry, Don Brubaker and Jim Gee. Alderman Todd Clanin arrived at 7:09 p.m.

Others present included City Administrator Bob Morris, Controller Joanie Baxter, City Treasurer Bob Gordon, City Engineer Ken Newman, Chief of Police Jim Kuchenbecker, P&D Director Jon Oliphant and City Clerk Carol Moss, members of the Police Department, Auxiliary, Joe and Betty Ernst and other members of the Ernst family.

Following Roll Call Boy Scout Zack Johnson, Troop 620, came forward to lead the meeting in the Pledge of Allegiance. 

The Agenda was reviewed and stood as presented. City Administrator Morris indicated that he will be providing readings of the resolutions and ordinances as stated on the agenda. Alderman Gee moved and Alderman Brubaker seconded to approve the Consent Agenda. The Consent Agenda included minutes of the January 16, 2007 Council meeting; Pay Request #2 from Commercial Mechanical, Inc. in the amount of $35,420.00 for work on Water Treatment Plant #2 expansion; acceptance of the police Pension Fund Actuarial Report; payment of second TIF #1 subsidy payment to GIC, Inc., (Uftring Wash) in the amount of $15,794.48, third and final TIF #2 subsidy payment to Khoury's Restaurant in the amount of $10,966.66; acceptance of the annual report of the Board of Managers of Glendale Cemetery and Raffle Permit application from Central Grade School PTO. 
On roll call on the motion to approve the vote was: 
Ayes: 7 Newman, Dingledine, Landry, Brucks, Dingledine, Brubaker, Gee 
Nays: 0 
Motion declared carried

Chief of Police Kuchenbecker requested Police Officer Jason Ernst's father come forward to pin Officer Ernst's badge and City Clerk Moss administered the Oath of Office to Officer Ernst. Chief of Police Kuchenbecker introduced three members of the City of Washington Auxiliary Police who have been promoted in rank. Those three are Vern Smith, Captain, Tony Maggio, Operations Sergeant and Brad Marshall, Corporal. Chief Kuchenbecker pointed out that Corporal Brad Marshall is the son of a 35 year veteran Police Officer of the City of Washington, Jim Marshall. City Clerk Moss administered the Oath of Office to the promoted members of the Auxiliary.

Chief of Police Kuchenbecker introduced the newest member of the City of Washington Board of Police Commissioners, Gary Deiters.

There were no Audience Comments or Standing Committee Reports.

City Administrator Morris read, by title only, a resolution relating to amending a Deferred Compensation Plan. If approved the amendment to the ICMA Retirement Corporation Deferred Compensation Plan Document will incorporate changes that will provide for additional plan flexibility within guidelines of the Internal Revenue Service regulations. Employees may elect to defer accumulated sick pay, vacation pay and back pay prior to the first day of the month in which the amounts would be paid; if employment is interrupted by military service the employee may elect to contribute additional amount to the 457 deferred compensation plan when employment resumes, and participants who have reached the age of 70½ and are still actively employed may request distribution of all or a portion of their vested account balance at any time. 
On roll call the vote was: 
Ayes: 7 Landry, Gee, Newman, Brubaker, Dingledine, Brucks, Howerter 
Nays: 0 
Motion declared carried.

City Administrator Morris read, by title only, a resolution accepting easements form Gene and Nancy Pope, Geraldine Summer, Washington Park District and Scott and Kathleen Deatherage . City Administrator Morris reported that the easements are for the Devonshire Trunk Sewer Project. Alderman Newman moved and Alderman Howerter seconded to adopt the Resolution as read. 
On roll call the vote was: 
Ayes: 7 Dingledine, Gee, Landry, Brucks, Brubaker, Howerter, Newman 
Nays: 0 
Motion declared carried.

City Administrator Morris provided second reading, by title only, of an ordinance amending the Zoning Ordinance of the City of Washington, Tazewell County, Illinois by rezoning Lot 6 of Mallard Crossing Commercial Park from C-2 to C-3. Alderman Brucks moved and Alderman Newman seconded to adopt the ordinance as read. 
On roll call the vote was: 
Ayes: 7 Brubaker, Landry, Dingledine, Howerter, Gee, Newman, Brucks 
Nays: 0 
Motion declared carried.

Mayor Manier reported on the Eastern By Pass meeting on Saturday at ICC. He stated that talk was not of any specific corridor but things in general. The City of Washington was well represented at the meeting and Mayor Manier stated that we need to support the study. Alderman Brucks said that he appreciates the efforts of the presidents of ICC and Eureka College. Alderman Howerter stated it was a very positive meeting and Alderman Gee said the meeting was well attended. There is a lot of interest from community leaders.

City Administrator Morris went over Police budgets including the Police Account, Police Pension Fund and Police Department Special Projects Account. Morris stated that the Police budget is running under budget about $76,000. Most of this is due to staffing. There have been major changes in increase of auxiliary officers and time worked as events have increased. Also, an auxiliary officer assists with code enforcement. The operations budget has substantially increased and most of the increase is due to the Police Commission and to training expenses. It is anticipated that four new officers will attend Police Training Institute next fiscal year. Funding is proposed for the third of four yearly reimbursements to TazCom for the new police radio console in the amount of $17,500, for one squad mounted radar unit at a cost of $1300 and the purchase of four personal computers and related software totaling $1700 each. The health saving plan is a new line item next year as is retiree health insurance.

Police Pension Fund - funded by employee contributions, investment earnings and property taxes. The employer contribution is currently equivalent to 15.4% of wages. Last years rate was 13.3%. The City is obligated to budget funds each year to meet expected pension expenses. Payments to pensioners account for the majority of the expenses. Recent actuarial valuations have found the pension fund to be in a strong financial position.

Police Department Special Projects Account - this account tracts special projects, activities and services undertaken by the Police Department which are financed by special, restricted sources of revenue. Source of funds are DUI Tech Fund, Drug Enforcement Fund, Impound Administrative Fee, DARE Account and Fundraiser Account. The operations budget includes funding for DARE expenses, Special Olympics' contribution and related expenses, legal fees and hearing expenses associated with the auto impound program, less than lethal equipment and munitions and weapons and records management services. Capital items planned for purchase are squad car video recording equipment, auto lighting, portable speed sign and software reproduction.

Alderman Landry asked Chief Kuchenbecker if there are any provisions for officers to wear vests and Chief Kuchenbecker replied that officers are issued a vest; if they have to replace that vest the department then applies for a grant for reimbursement cost of the vest.

City Engineer Newman requested Council approval of a MFT Resolution for Maintenance of Streets and Highways by Municipality Under the Illinois Highway Code. Adoption of the Resolution will appropriate $400,000 of MFT funds for the 2007 MFT Program. City Engineer Newman reported that he has finalized the list of streets that are now proposed to be spray patched and seal coated this year. Alderman Gee moved and Alderman Howerter seconded to adopt the Resolution as requested. City Engineer Newman stated that bids will be accepted until March 29 and the contract will be awarded April 2. Alderman Howerter asked the cut off for seal coat and City Engineer Newman replied the end of August. 
On roll call on the motion the vote was: 
Ayes: 7 Brucks, Brubaker, Dingledine, Landry, Newman, Howerter, Gee 
Nays: 0 
Motion declared carried.

Alderman Brubaker reported that he has been contacted by several citizens regarding noise coming from American Allied on South Wood Street. He asked if anything can be done about the noise. Mayor Manier replied that he has received 6-7 different complaints about the matter. He has had discussion with American Allied representatives and found out that American Allied has increased their shifts, but they have made some adjustments to stem the noise. Chief Kuchenbecker stated that he visited American Allied last Tuesday and met with representatives again on Friday. He met with Kevin Deeny regarding this matter and Mr. Deeny reports that a housing with baffling has been installed that will direct noise toward the ground. Chief Kuchenbecker said that he will visit the business tomorrow to see if there is a marked difference in projection of the sound. He went on to report that he has listened to the noise on American Allied property and off the property. He has listened to the noise on Catherine Street, and the 900 block of South Main Street. Mr. Deeny has committed to bring in an industrial hygienist to monitor the devices and a report will then be forwarded to Chief Kuchenbecker and City Administrator Morris. No tickets or citations have been issued to this point, but Chief Kuchenbecker stated that is still an option. He noted that American Allied has been put on notice.

Alderman Clanin arrived at 7:09 p.m.

At 7:09 p.m. Alderman Brubaker moved and Alderman Brucks seconded to move into Executive Session for the purpose of deliberations concerning the appointment, employment, compensation, discipline, performance or dismissal of specific employees of the public body, per 5ILCS 120/2(c)(1) of the Illinois Open Meetings Act, and for the purpose of deliberations concerning pending or probable litigation pursuant to 5ILCS 120/2(c)(11) of the Illinois Open Meetings Act. 
On roll call the vote was: 
Ayes: 8 Gee, Howerter, Clanin, Newman, Dingledine, Landry, Brucks, Brubaker 
Nays: 0 
Motion declared carried.

At 7:42 p.m. the Council reconvened in open session and Alderman Brubaker moved and Alderman Gee seconded to adjourn. Motion carried unanimously by voice vote.