City of Pinckneyville City Council met Oct. 9.
Here are the minutes provided by the council:
ROLL CALL
Mayor Spencer called the regular meeting of the Pinckneyville City Council to order at 6:00 p.m. in the Council Chambers, City Hall. Members present: Commissioners Kevin B. Hicks, Joshua L. Kuhnert, Sammy D. Peradotta, William B. Stotlar, and Mayor Robert L. Spencer. Mayor Spencer declared a quorum present. Mayor Spencer announced the agenda was set. Administrative staff present: City Clerk Melissa Kellerman, City Attorney Don Bigham, Fire Chief Jim Gielow, and Utility Superintendent Brad Boulton. The Pledge of Allegiance was led by Commissioner Hicks.
PREVIOUS MINUTES
Commissioner Hicks made a motion to approve the minutes of the September 25, 2023, regular council meeting. The motion was seconded by Commissioner Peradotta. On roll call: Commissioners Hicks, Kuhnert, Peradotta, Stotlar, and Mayor Spencer voted YEA. NAYS: None. Motion declared carried.
TREASURER’S REPORT
Commissioner Stotlar reviewed the treasurer’s report and stated that Total Gross Payroll was $1,585,641.68 for the payroll period ending September 2023, up slightly from last year. He stated that the regular hours of 59,196.75 and overtime hours of 1,642 were both down from last year. Commissioner Stotlar made a motion to approve the treasurer’s report. The motion was seconded by Commissioner Kuhnert. On roll call: Commissioners Hicks, Kuhnert, Peradotta, Stotlar, and Mayor Spencer voted YEA. NAYS: None. Motion declared carried.
ACCOUNTS PAYABLE
Commissioner Stotlar made a motion to approve the accounts payable. The motion was seconded by Commissioner Peradotta. On roll call: Commissioners Hicks, Kuhnert, Peradotta, Stotlar, and Mayor Spencer voted YEA. NAYS: None. Motion declared carried.
CORRESPONDENCE
Commissioner Hicks announced this is Fire Prevention Week. This year’s theme is Cooking Fires Start With You. The Fire Department will be hosting Pinckneyville area schools’ kindergarteners this week on Tuesday, Wednesday, and Friday. Fire Chief Jim Gielow expects 77 children to visit the firehouse to learn about fire safety and to get a ride on a fire truck.
CLASS A, D, AND F LIQUOR ESTABLISHMENTS APPROVED TO REMAIN OPEN UNTIL 2:00 A.M. ON MARDI GRAS NIGHT AND NEW YEAR’S EVE
Motion by Commissioner Hicks, seconded by Commissioner Kuhnert to approve liquor establishments with Class A, D, and F liquor licenses to remain open until 2:00 a.m. on Mardi Gras night and New Year’s Eve. On roll call: Commissioners Hicks, Kuhnert, Peradotta, Stotlar and Mayor Spencer voted YEA. NAYS: None. Motion declared carried.
APPROVE QUOTE FROM PORTER OUTDOOR POWER EQUIPMENT FOR BAD BOY BANDIT UTV FOR AIRPORT USE
Commissioner Hicks requested approval of a quote from Porter Outdoor Power Equipment in the amount of $14,125.00 to purchase a Bad Boy Bandit UTV for use at the airport to be paid from the airport fund. Commissioner Hicks made a motion to approve the purchase, which was seconded by Commissioner Kuhnert. On roll call: Commissioners Hicks, Kuhnert, Peradotta, Stotlar, and Mayor Spencer voted YEA. NAYS: None. Motion declared carried.
AMERICAN THRESHERMAN ASSOCIATION REQUEST TO CLOSE BALLPARK ROAD
The American Thresherman Association, has requested permission to close Ballpark Road during the 2023 October ATA Show from Wednesday, October 18, 2023, and reopen it on Monday, October 23, 2023. Commissioner Hicks made a motion to approve the request, which was seconded by Commissioner Peradotta. On roll call: Commissioners Hicks, Kuhnert, Peradotta, Stotlar, and Mayor Spencer voted YEA. NAYS: None. Motion declared carried.
APPROVE EMERGENCY PURCHASE FROM VERMEER SALES & SERVICE TO PURCHASE BLOWER FOR VACUUM EXCAVATOR
Commissioner Kuhnert requested approval of an emergency purchase of a blower from Vermeer Sales & Service in the amount of $4,272.01 for the current vacuum excavator to be paid 50% from water and 50% from gas. Commissioner Kuhnert made a motion to approve the request, which was seconded by Commissioner Stotlar. On roll call: Commissioners Hicks, Kuhnert, Peradotta, Stotlar, and Mayor Spencer voted YEA. NAYS: None. Motion declared carried.
APPROVE QUOTE FROM LOGIC, INC., TO UPGRADE MASTER SEWER RADIOS FOR ALL LIFT STATIONS
Commissioner Kuhnert requested approval of a quote from Logic, Inc., in the amount of $17,880.20 to upgrade the master sewer radios for all lift stations to be paid from the sewer fund. Commissioner Kuhnert made a motion to approve the purchase, which was seconded by Commissioner Stotlar. On roll call: Commissioners Hicks, Kuhnert, Peradotta, Stotlar, and Mayor Spencer voted YEA. NAYS: None. Motion declared carried.
APPROVAL TO HIRE ONE ADDITIONAL PART-TIME EMPLOYEE FOR THE AFTER-SCHOOL PROGRAM AT THE COMMUNITY CENTER
Mayor Spencer requested approval to hire one additional part-time employee for the After-School Program at the Community Center. Motion by Commissioner Stotlar, seconded by Commissioner Kuhnert to approve the request. On roll call: Commissioners Hicks, Kuhnert, Peradotta, Stotlar, and Mayor Spencer voted YEA. NAYS: None. Motion declared carried.
REVIEW AND AUTHORIZE REVISIONS TO CITY CODE ESTABLISHING UTILITY CONNECTION FEES AND CHARGES FOR TRENCHING AND EXCAVATION WORK ON CITY STREETS, ALLEYS, AND ROADWAYS
Commissioner Stotlarstated he didn’t want to change anything except the street opening fee of $1,750. Commissioner Stotlar stated the fee is excessive for the service provided, stating the rock and concrete needed to repair the road would not cost this much and employee wages shouldn’t be added because they are already on the payroll. Commissioner Stotlar suggested reducing the fee to $500 or charging for the cost of materials. He further stated that the City receives MFT Funds to fix the streets, so those funds should be used instead of charging the customers an additional fee.
Commissioner Hicks asked Commissioner Peradotta what he thought the worst-case scenario would be for the cost to repair a street after it was opened. Commissioner Peradotta stated City Attorney Don Bigham had researched it in 2016 when the ordinance was drawn up. He stated Commissioner Stotlar ran the meeting when the ordinance was approved, but recently stated he didn’t know why he voted for it. Commissioner Peradotta stated that concrete can’t be poured in the winter months, so they may have to fill the hole with rock several times before it is warm enough to pour concrete. He stated they probably fixed ten spots this year prior to oiling and chipping the streets.
City Attorney Don Bigham said when the $1,750 fee was instituted by ordinance, the Council discussed the fees and the ordinance was prepared according to the direction of the Council. Commissioner Peradotta stated the ordinance was approved 4 – 0. He also stated that the sewer line is in the middle of the road, but water meters are on the side of the road, so it’s not usually necessary to cut into the road with a water leak, meaning there would be no charge to open the street. He also stated if there is a sewer line that needs opened and a water line that needs opened into the road, there should be two fees because there should be two separate holes, which was why the ordinance was revised again this year to clarify the fee was for each 200 square foot area.
Commissioner Kuhnert said the customer is already burdened with the cost of the plumber, and adding this fee makes it too much for the customer. Commissioner Stotlar agreed. Commissioner Peradotta stated he got insurance through his home owner’s insurance that would cover the cost of fixing lines, street, sidewalk, grass, etc. for $66 per year. Commissioner Stotlar stated not everyone has homeowners insurance or wants to pay that additional fee on their insurance.
Commissioner Stotlar stated he talked to an engineer who said no other town charges this fee. Mayor Spencer stated he talked to another engineer who stated our fee was in the ballpark when you have to go through the sidewalk and road. Commissioner Stotlar said Nashville doesn’t charge anything. Commissioner Hicks said he’d like to know what 10 cities approximately the size of Pinckneyville are charging. Commissioner Stotlar said he would check with 10 local cities and report back to the Council.
Commissioner Kuhnert stated according to the ordinance, water tap connections costs $750, and only if they had to bore under the road did it cost $1,750, so if the $750 water tap comes out of the $1,750, then that means it costs $1,000 to open the road; but if someone has a backed up sewer and has to open the street, and it costs $1,750 just to open the road, something is not right. City Attorney Don Bigham stated the resolution was recently changed to clarify the $1,750 was for new construction and for repairs, and a measurement was added that it was for excavation of 200 square feet. Commissioner Kuhnert then asked if someone had to open 205 square feet, would it cost $1,750 x 2? He stated that’s why it should come down to the cost of the repair. He stated many people live paycheck to paycheck and can’t afford this fee.
Commissioner Stotlar said if the City did the backhoe work and filled the hole with rock, then concrete, he could understand it, but what he’s been told by contractors is that they do or hire the backhoe work and they fill the hole, so the City shouldn’t charge a fee for work someone else is doing. Commissioner Kuhnert said it should not be a flat rate, but should be billed at cost. Commissioner Stotlar said every town he talked to said the contractor brings the street back to the original condition and they do not charge a fee. Commissioner Hicks asked about streets with curbed guttering.
Commissioner Stotlar made a motion to draft the ordinance to change the fee to either cost or $500. Commissioner Kuhnert seconded the motion. Commissioner Hicks said he would not vote either way until he hears what the rest of the towns are charging. Commissioner Stotlar said he tried to call today, but they were not open due to the holiday. He said he would call 10 towns. Commissioner Hicks said if those towns were lower than us, he’d agree to lower the fee. Mayor Spencer stated no decision would be made tonight because the Council would have to wait until the new ordinance was prepared. City Attorney Don Bigham stated the motion tonight was to revise the fees, which tells him to draft an amendment to the ordinance, but he stated the motion should be clear if Commissioner Stotlar wants to change the fee to either a flat $500 fee or cost to repair or whichever is greater. He stated Commissioner Stotlar’s motion should be clear on what to amend in the ordinance so it doesn’t have to be revised again.
Commissioner Stotlar said Nashville does it for free and Du Quoin does it for cost. Commissioner Hicks asked about those who have already paid the $1,750. Commissioner Stotlar said that was the fee at the time. Commissioner Kuhnert agreed the new fee should be going forward, once it’s approved that’s the new fee. He also stated billing at cost for concrete would be the best option as each opening could have a different cost. City Attorney Don Bigham confirmed the cost of the concrete to repair the road back to its original condition, and a bill would be sent after the work. Commissioner Stotlar said the contractor could get the permit and then bill after the work was done. Commissioner Kuhnert then rescinded his second, stating they needed to look into it further, and suggested a deposit be made that could be refundable up to the cost of the concrete. Commissioner Stotlar suggested $500 for the deposit. City Attorney Don Bigham then clarified if the cost was more than the deposit, the customer would be billed for the additional amount. He suggested adding the additional cost to their utility bill and if they didn’t pay by the utility bill due date, they would risk shut-off.
Commissioner Hicks then asked Utility Superintendent Brad Boulton if he had any feedback to this issue. Brad stated it’s very situational in the Utility Department. He stated the original ordinance stated a tap fee for water and gas was $750 and if they had to bore it was $1,250 and if they had to open the road it was a total cost of $1,750, so taking the installation cost of $750 off, that made it $1,000 to open the road. Now the street opening fee is $1,750 and it is all going to the street department. Commissioner Hicks stated that is a big difference. Brad also stated it’s different between cutting across County Road and a gravel alley. He stated he feels the make of the road should have a variable in the fee. He also stated the $750 for water or gas install doesn’t even cover the costs for parts anymore with the new Zenner meters and rising costs of parts. Commissioner Stotlar stated he did talk to the Perry County Engineer Brian Otten and he stated they just charge whatever it costs to fix it.
Mayor Spencer stated the Council needed to figure out the details before taking a vote. Commissioner Kuhnert agreed he’d like to revisit it at the next meeting. He still suggested a $500 deposit and charge the customer if it costs more than $500 to restore the road back to its prior condition. City Attorney Don Bigham stated the contractor would have to notify the City when work was complete so the Street Department can cold patch or concrete. If there is money left from the deposit, it can be refunded to the customer, but if it costs more, then the City will invoice the customer.
Commissioner Stotlar withdrew his motion and Commissioner Kuhnert had already withdrawn his second. Commissioner Stotlar said he would check with 10 comparatively sized local towns and report back to the Council what fees they are charging for street opening. He stated the citizens of Pinckneyville are our customers and he’s trying to take care of them. Commissioner Hicks stated that Commissioner Stotlar also needs to take care of the City of Pinckneyville.
There was no vote taken and the issue was tabled until the next City Council Meeting on October 23, 2023.
PUBLIC COMMENT
None
ADJOURNMENT
Motion by Commissioner Kuhnert, seconded by Commissioner Stotlar to adjourn the meeting at 6:51 p.m. On roll call: Commissioners Hicks, Kuhnert, Peradotta, Stotlar, and Mayor Spencer voted YEA. NAYS: None. Motion declared carried.
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