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Administration Minutes 2008 06-12-08 i APPROVED WITH CORRECTIONS 7/10/2008 UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville, IL 60560 ADMINISTRATION COMMITTEE MEETING City Hall, Conference Room Thursday, June 12, 2008 — 6:00 P.M. PRESENT: Chairperson Munns, Committeemen Spears, Werderich, Golinski (late arrival at 7:35 pm) ABSENT: None ALSO PRESENT: City Administrator McLaughlin, Assistant City Administrator Olson, Finance Director Mika, Human Resources Manager Kasper, Parks Director Mogle, Treasurer Powell, Attorney Orr, Mayor Burd, Alderman Sutcliff and Tony Scott of the Record. Chairperson Munns called the meeting to order at 6:02 p.m. in the Conference Room of City Hall. OLD BUSINES: It was requested that Old Business be conducted first so that Parks Director Mogle could leave for another scheduled meeting. 1. ADM 2008 -46 — Policy Regarding Use of City Parks to Promote Special Events Sponsored by Local Businesses Director Mogle stated that the old policy and draft new policy were in the agenda packet for review. Additionally, this item will be discussed at tonight's Park Board Meeting. Some of the changed items which should be pointed out are: • Page 5 included the option for someone to `hold a festival / entertainment event or public gathering of over 500 people'. • Page 6 added Bridge and River Front parks. • Page 6 set the deposit amount for groups over 500 people at $500.00 rather than the standard $100.00 deposit. • Page 9 added all of the new parks with rentable facilities. I 2 • Page 11 states that groups may apply for liquor permits, however, approval is not guaranteed. DISCUSSION: Committeeman Spears stated that through her place of employment, a study was done of local parks and forest preserves and none allow liquor. Chairperson Munns suggested that the Police Department patrol the area at least once for liquor violations for larger parties. • Page 13 all fees have been increased between $5.00 - $10.00 as there have been no changes since 2005. • Page 14 a festival rental fee has been added at $1300.00. DISCUSSION: As the Police Department has their own policy regarding fees and security, it was suggested that language be added regarding the potential for additional fees from the Police Department. • If liquor was permitted to be sold, there is a potential for the City to charge a flat rate or a percentage of the profits. The following discussion took place: • Chairperson Munns feels that a credit card number should be put on file for large group parties for other incidentals. • City Administrator McLaughlin stated that for larger events, the applicant would probably obtain supplemental insurance. If this were the case, he feels that the City should be listed as an insured. All agreed. • City Administrator McLaughlin stated he supports leaving the charge back to the City for liquor sales open as it could be used as a negotiating tool. Additionally, it helps the City determine what should be charged to help control overconsumption. Director Mogle stated that he would make the changes and that this item will be ready for the City Council as it will be before the Parks Board tonight. This item was placed on the City Council Consent Agenda. 2. ADM 2008 -48 — Bad Debt Policy Finance Director Mika advised that the policy is documentation of the discussion from the previous meeting. She highlighted the process by stating that the policy includes debt that is 6 months to 1 year old. She will submit a quarterly report regarding all debt that has been written off and should the funds be collected, they will get added to a recovery line item. Discussion took lace regarding a former policy in which developers p g g P Y were p required to place deposits with the City to cover engineering expenses, etc. When those funds were expended, work would stop until the developer deposited more funds. This policy has not been in force. It was determined that the policy would be enforced for future developments. Attorney Orr suggested that this policy become an ordinance. This item will be returned to this Committee for discussion next month. i 3 With no further discussion, the Bad Debt Policy will be moved to the Consent Agenda. PRESENTATION: None MINUTES: With no corrections or discussion, the minutes of April 10, 2008 and May 8, 2008 were approved. NEW BUSINESS: 1. ADM 2008 -48 Monthly Budget Report for April, 2008 This report indicates each account that was over budget through the year end. City Administrator McLaughlin stated that he gave direction to Department Directors to give him a year end notice of over budget purchases rather than continuing to go to City Council with each over budget item. Chairperson Munns pointed out telephone expenses that were more than $1000.00 over budget with an explanation of a new hire. Finance Director Mika stated that she would research the explanation of the overage. It was determined that once the year end is officially closed, the year end report should be sent to City Council. This item is informational only. 2. ADM 2008 -49 Monthly Treasurer's Report for April, 2008 Treasurer Powell stated that the beginning balance was $11,346,270.00, with revenues of ($370,462.00) and expenses of ($394,514.00) for an ending balance of $11,370,322.00. The fund balance is at 16.31% for a combined fund balance of 24.90 %. With no further discussion, this item was moved to the Consent Agenda. 3. ADM 2008 -50 Monthly Vehicle Report for April, 2008 This item was sent to the Consent Agenda. 4. ADM 2008 -51 Monthly FOIA Report for May, 2008 Committeeman Werderich asked how the City dealt with requests that could not be met because the request is too broad. Assistant City Administrator Olson stated that the requestor is asked to narrow the request. If the City is able to comply with the narrowed request, the City does. There was a request that was so large that the City requested a 7 day extension, however, the request was still met. Attorney Orr stated that the City can refuse a request because of the time and resources that it would take to fill the request. This item is informational only. 5. ADM 2008 -52 Salary Range Adjustments Chairperson Munns advised that the proposed range adjustment is 2.5% and that he feels that the adjustment is conservative. He cautioned that a new hire i 4 could potentially make more money than a current employee. City Administrator McLaughlin stated that the City would be cautious of that. With no further discussion, this item was moved to the Consent Agenda. 6. ADM 2008 -53 AmAudit Utility Audit Proposal Assistant City Administrator Olson stated that the City received proposals for utility audits in FY03 /04. The audit was done back then and nothing was found, however, it's good to have this done every couple of years. The Village of Oswego had this done and funds were found. Additionally, he stated that there is not fee unless a savings to the City is found at which point the cost would be 50% of the savings for a 3 year period. Staff time to assist in this audit would be minimal. Discussion took place regarding whether or not this should be handled as an R.F.P., however, it was determined that this is considered professional services. Attorney Orr asked for clarification on what would be audited. Committeeman Werderich stated that Mayor LeClercq from the Village of Oswego stated that they were very happy with the service from AmAudit. With no further discussion, this item was moved to the Consent Agenda. 7. ADM 2008 -54 Prevailing Wage Ordinance The City is required each year to pass an ordinance accepting the prevailing wage of the County. This item was moved to the Consent Agenda. 8. ADM 2008 -55 Team Building Exercise for City Council and Department Beads Chairperson Munns suggests having someone come to the City to do team building exercises for department heads and City Council. It has been a very successful program at Aurora University and will be done at the City of Aurora. It was determined that this committee would like the presenter to j attend the July 10, 2008 Admin Meeting to make a presentation regarding what the program is like and the cost, etc. i 9. ADM 2008 -56 Governing Ordinance — Committee Rosters After Vacancy Councilman Golinski has pointed out that he was appointed the position of Chairman of the EDC due to a vacancy. He will not have the opportunity to fulfill the 2 year term and does not feel that he should be penalized after the next election. Additionally, due to the vacancy on the EDC, Committeeman Werderich is requesting to switch committee's by giving up the Administration Committee and moving to the EDC. There was lengthy discussion in which some of the participants felt that Committeeman Werderich should be allowed to switch as he would have seniority over the new Alderman and other participants felt that the committee position is attached to the vacant Alderman's seat, therefore, there is no official opening on EDC. Several different scenarios were discussed regarding vacancies, j switching committees, selecting committee chairman and vice - chairman. 5 After a lengthy discussion, Attorney Orr stated that the governing ordinance took away the Mayor's power to appoint, however since it is silent regarding how to handle vacancies, she feels that the authority goes back to the Mayor. The committee chose to move to the next agenda item while Attorney Orr researched this matter. 10. ADM 2008 -57 Policy on Alderman Directing City Staff Chairman Munns asked Committeeman Spears to explain. The following discussion took place: • She does not feel as though Alderman have the right to direct staff. Her concern is about the program that was brought up by Alderman Sutcliff, as it was not approved by a committee or the council. Since there will be costs involved such as employee man hours which is spending taxpayer funds, the majority of the Council needs to approve it. Another issue is that Public Works and Parks Departments are short staffed and the Council refused a request to hire additional employees in the Parks Department, but this program will utilize employees from those departments. The staff is directed to remove grass, poor soil and gravel and to install good soil and compost. She would like to know how many volunteers have signed up for the program as well. As a result, she requested a list of man- hours, expenses involved and volunteers. • Chairperson Munns asked Alderman Sutcliff to respond as the ordinance states that Alderman cannot direct staff. Mayor Burd felt that City Administrator McLaughlin had already responded and it was not necessary. Committeeman Spears was in agreement with the Chairman and Alderman Sutcliff agreed to respond. • Alderman Sutcliff stated that when she was elected this was an idea she had right away. This program is also done in Oswego and Geneva. Geneva has an extensive program with a waiting list. She stated that she spoke with Mayor Burd who supports neighborhood beautification. In the spring she spoke to City Administrator McLaughlin and Assistant City Administrator Olson and asked their opinions. No further action was taken on her part. Then, Assistant City Administrator Olson told her that the program was discussed at a staffing and it was decided that the Public Works Department would be willing to get involved. She stated that she never directed any staff; she simply asked opinions of the City Administrator and Assistant City Administrator. • Committeeman Spears asked if Public Works is completing the work on City time or volunteer time. Alderman Sutcliff stated that it is being done on City time. Furthermore, she reiterated that she did not direct any staff members to do anything. She informed Committeeman Spears that if she did not like the way that staff is being directed that she should speak with the City Administrator. • Chairperson Munns stated that a memo from City Administrator McLaughlin to Committeeman Spears dated May 28, 2008 states that I 6 Alderman Sutcliff did not direct the staff. He was asked to discuss the matter in more detail. • City Administrator McLaughlin stated that Alderman Sutcliff wanted about 6 -7 corners to have landscaping done. This occurred in the middle of May, which is prime planting time. He originally thought to send it to the Public Works Committee for discussion, but because of timing the plants should be put in and watered before the hot sun. He spoke with Director Dhuse and asked how much it would take for his department to prepare the areas, who replied that it would take 2 employees a total of 4 hours. City Administrator McLaughlin stated that because it was a total of 8 hours, it would be considered a `pilot project' for this year to see how it worked. He stated that it was his decision to direct the staff. He equated it to a river - cleaning project. • Committeeman Spears asked City Administrator McLaughlin if he felt it was within his authority to approve such a project without getting Council approval. To which he replied that if it was a few hours at a time, he felt it was within his authority, however, if Council disagrees they need to tell him, however, he cautions that it would slow City work done to a { standstill at times. • Chairperson Munns asked how much the project cost the City because City Administrator McLaughlin could sign off on expenses up to $5000.00. He asked if the concept would fall within that expense amount. Mayor Burd and City Administrator McLaughlin agreed that this would fall within his expense authorization. Further, Mayor Burd stated that Chairman could sign off on expenses up to $5000.00 and the City does not `nickel and dime' like that. Committeeman Spears stated that when you are spending taxpayer money, the Aldermen are in place to oversee funds and approve them collectively. She asked if other Alderman wanted a project such as sidewalk installation that would fall under that expense cap, could he /she ask City Administrator McLaughlin and get it approved? She stated that she has asked to have vacancies filled on the Human Resources Commission, but that is not being fulfilled. City Administrator McLaughlin stated that Mayor Burd directed him not to allow the assistance of the staff member. Mayor Burd stated that there are presently 2 candidates for the committee. • Committeeman Spears stated that she and Alderman Sutcliff were on a tour at Mia Amore with the owner. Alderman Sutcliff had looked at the owner and said that the pond was going to change because there would be vegetation and other things. Alderman Sutcliff stated that she hadn't done anything about that. Committeeman Spears stated that the point is that she is directing. Alderman Sutcliff stated it was simply a discussion with a constituent in her ward and she can say whatever she chooses to say. • Chairperson Munns asked to return the discussion to the topic at hand. He summarized by stating that if an Alderman wanted some work done and it was under City Administrator McLaughlin's expense cap, he feels that he can direct the staff to do the work. City Administrator McLaughlin stated i I that if he felt that the request was reasonable and within the budget, he feels that he could direct the staff to do it. • Chairperson Munns stated that he contacted Director Dhuse to have the median in Foxhill taken care of The difference is that Director Dhuse looked at it, returned to the Council with a cost. • Committeeman Spears contacted Director Dhuse regarding a resident who threw large branches out into the street because at night it could be dangerous. She asked him to speak with the resident about returning the branches to the parkway. Director Dhuse had the branches removed. At that time, Committeeman Spears also had branches on her parkway but never asked to have them removed. Her only concern was the safety issue of branches in the street. • Committeeman Spears asked if Alderman Sutcliff was signed up for the program to have work done on her property. Alderman Sutcliff stated that she is going to volunteer and pay for plants to be placed on the corner in a public area, not on her own property. They are public corners in the parkway that belong to the public. The program is for beautifying the City with this community project so that gardeners can put in gardens and people can take pride in the City. Committeeman Spears stated that she feels it is a good intention. • Chairperson Munns stated that the Committee needs to decide if Alderman can direct City staff, including City Administrator McLaughlin. The Committee stated that they couldn't do it. • City Administrator McLaughlin stated that he told Director Dhuse that because they would be short on time this year, the program would be treated as a pilot program and to be sure that is goes to the Public Works Committee next year before it is started up again. Ideally, it would have been better to have it approved beforehand. • Chairperson Munns summarized that the governing ordinance is clear; Alderman cannot go to any City staff and direct them. All items are to be brought to a Committee first. Attorney Orr stated that it would include contacting department heads regarding the branch example previously noted. Mayor Burd stated that Alderman can bring an issue to someone's attention, but they cannot direct the staff. Attorney Orr appreciated the clarification. • Committee Golinski stated that while he was not available for the entire conversation, he equates this to the Homeowners Association asking the City for bags or garbage cans to help with a cleanup along the Hoover Forest Preserve. However, in this case, he is upset about the way this was presented because it is a project that should have been presented to a Committee for approval. City Administrator McLaughlin stated that it should have and that he made the error in pushing it through to get it done rather than drag it out through the approval process. Mayor Burd stated she disagrees because she has the right to direct staff for such a small amount, the reason it is an issue is that it was called a `project'. 8 • Chairperson Munns reiterated that this committee does not have to take action because the governing ordinance is clear in that Alderman cannot direct City staff. 9. Return discussion Attorney Orr stated that after researching Roberts Rules, the decision would be based on the bylaws. Therefore, since the item is not addressed, Chairman Munns asked the committee members their opinion. Committeeman Golinski stated he did not have a preference either way. Chairperson Munns stated that since Committeeman Werderich did not get to serve on the committee of his choice, he would consider allowing him to switch. Committeeman Werderich stated that he wished to withdraw his request to switch committees. Committeeman Golinski reminded him that the EDC Meetings are open meetings in which all are encouraged to speak, however non - members can not vote. ADDITIONAL BUSINESS: Committeeman Golinski — The issue of the legislative attorney has not returned for I discussion. The committee needs to prepare a job description and determine the selection process. He asked that this item be placed on next month's agenda. Committeeman Werderich — None Chairperson Munns — He would like the matter of cash balance and debt service to be placed on the next agenda. Finance Director Mika will provide the figures. Committeeman Spears — None ADJOURNMENT OF THE PUBLIC SAFETY COMMITTEE MEETING: With no further business to discuss, the meeting adjourned at 8:02 p.m. Minutes respectfully submitted by Margaret M. 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