The City Council of the City of Mattoon held a regular meeting in the City Hall Council Chambers on August 7, 2012.

                Mayor Gover presided and called the meeting to order at 6:30 p.m.

                Mayor Gover led the Pledge of Allegiance.

                The following members of the Council answered roll call physically present: YEA Commissioner Bob Becker, YEA Commissioner Randy Ervin, YEA Commissioner Rick Hall, YEA Commissioner Chris Rankin, and YEA Mayor Tim Gover.

                Also physically present were City personnel: City Attorney Janett Winter-Black, Community Development Coordinator Kyle Gill, Public Works Director Dean Barber, Fire Chief Tony Nichols, Police Chief Jeff Branson, Library Director Ryan Franklin, Tourism Director Angelia Burgett, and City Clerk Susan O’Brien. 

CONSENT AGENDA

          Mayor Gover seconded by Commissioner Ervin moved to approve the consent agenda consisting of minutes of the regular meeting July 17, 2012 and Special meeting July 31, 2012; Motor Fuel Tax Audit report for January – December 2011; and bills and payroll for the last half of July, 2012.

            Mayor Gover opened the floor for discussion with no responders.

            Mayor Gover declared the motion to approve the consent agenda carried by the following vote:  YEA Commissioner Becker, YEA Commissioner Ervin, YEA Commissioner Hall, YEA Commissioner Rankin, YEA Mayor Gover.

PRESENTATIONS, PETITIONS AND COMMUNICATIONS:

·         Public comments/presentations and non-agenda items

           There were no public comments.

NEW BUSINESS:

                Mayor Gover seconded by Commissioner Hall moved to adopt Ordinance No. 2012-5356, providing for the submission of a Public Question regarding Electric Aggregation to the voters of the City of Mattoon, Illinois at the General Election to be held on November 6, 2012.

CITY OF MATTOON

COLES COUNTY, ILLINOIS

____________________________________________________________________________

ORDINANCE NO.  2012-5356

AN ORDINANCE PROVIDING FOR THE SUBMISSION OF A PUBLIC QUESTION REGARDING ELECTRIC AGGREGATION TO THE VOTERS OF THE CITY OF MATTOON AT THE GENERAL ELECTION TO BE HELD ON NOVEMBER 6, 2012

____________________________________________________________________________

                                                                                      ADOPTED BY THE

                                                                            CORPORATE AUTHORITIES

                                                                                                 OF THE

                                                                                     CITY OF MATTOON

THIS   7^th   DAY OF             August                                    , 2012

Published in pamphlet form

by the authority of the

Corporate Authorities of the

City of Mattoon,

Coles County, Illinois this

8th day of August, 2012.

ORDINANCE NO. 2012-5356

AN ORDINANCE PROVIDING FOR THE SUBMISSION OF A PUBLIC QUESTION REGARDING ELECTRIC AGGREGATION TO THE VOTERS OF THE CITY OF MATTOON AT THE GENERAL ELECTION TO BE HELD ON NOVEMBER 6, 2012

WHEREAS, the City of Mattoon, Coles County, Illinois, an Illinois municipal corporation organized and operating under the Illinois Municipal Code, 65 ILCS 5/1-1-1 et seq.; and,

WHEREAS, the corporate authorities of the City of Mattoon are authorized by the Illinois Power Agency Act, 20 ILCS 3855/1-92(a) to adopt an ordinance to aggregate residential and small commercial retail electrical supplies within the City; and,

WHEREAS, the corporate authorities are further authorized to submit a public question to the voters of the City to determine whether the aggregation program shall operate as an opt-out program for residential and small commercial retail electric customers; and,

WHEREAS, the corporate authorities do hereby find and determine that the question of whether a City electric aggregation program should operate as an opt-out program within the City should be submitted to the voters in the General election scheduled for November 6, 2012.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MATTOON, COLES COUNTY, ILLINOIS, as follows:

SECTION 1:         The foregoing preambles are incorporated in this Section as if fully stated herein.

SECTION 2:         The referendum approved herein is submitted to the voters of the City of Mattoon in order to determine whether a proposed electric aggregation program for the City shall operate as an opt-out program. Under the proposed electric aggregation program, the City or its agents shall negotiate retail and small commercial electric supplies for the City as a whole. Under an opt-out program, City residents and small commercial electric customers may choose not to participate in the City’s aggregation program.

SECTION 3:         In the event such question is approved by a majority of the electors voting on the question at the General Election on November 6, 2012, the City Council may implement an opt-out aggregation program and if the City Council adopts the program the City shall comply with all of the terms and provisions of the Illinois Power Agency Act.

SECTION 4:  The public question shall be submitted to the voters of the City in accordance with the general election law at the General Election to be held on November 6, 2012, between the hours of 6:00 a.m. and 7:00 p.m. on said day (“Election”).

SECTION 5:         The Election shall be held in the voting precincts and at the polling places established by the County Board (“County Board”) of the County of Coles, Illinois (“County”), for voters of the City at said general election.

SECTION 6:         The County Clerk of the County (“County Clerk”) shall give notice of the Election (“Notice”) in accordance with the general election law by: (1) publishing Notice thereof once not more than thirty (30) nor less than ten (10) days prior to the date for the Election in a local community newspaper having general circulation in the City; and (2) posting a copy of the Notice at least ten (10) days before the date of the Election at the principal office of the County Clerk.

SECTION 7:         It is hereby found and determined that the Journal Gazette & Times Courier  is a local, community newspaper of general circulation in the City and suitable for publication of the Notice pursuant to the requirements of Section 12-5 of the Election Code of the State of Illinois, as amended (“Election Code”).

SECTION 8:         The City Clerk shall post a copy of the Notice at the principal office of the City.

SECTION 9:         The Notice shall appear over the name or title of the County Clerk and shall be in substantially the following form:

NOTICE IS HEREBY GIVEN that at the General Election to be held on Tuesday, the 6th of November, 2012, the following proposition will be submitted to the voters of the City of Mattoon, Coles County, Illinois:

Shall the City of Mattoon have the authority to arrange for the supply of electricity for its residential and small commercial retail customers who have not opted out of such program?

The purpose of the referendum is to determine whether the City of Mattoon should be authorized to adopt an ordinance creating a program to allow the City to solicit bids and enter into service agreements for the sale and purchase of electricity and related services and equipment for residential or small commercial electricity customers in the City who do not choose to opt out of the program.

The polls at said election will be open from 6:00 a.m. and continued open until 7:00 p.m. of that day.

Dated this 7th day of August, 2012.

                                                                                                County Clerk

                                                                                                Coles County, Illinois

                SECTION 10:       The ballots to be used at the Election shall be substantially in the following form, with necessary alterations, changes, deletions and insertions as may be required by Articles 24A, 24B or 24C of the Election Code if an electronic, mechanical or electric voting system is used at the election:

(Face of Ballot)

OFFICIAL BALLOT

PROPOSITION TO DETERMINE WHETHER THE CITY OF MATTOON SHALL ADOPT AN OPT-OUT AGGREGATION PROGRAM FOR RESIDENTIAL AND SMALL COMMERCIAL RETAIL ELECTRIC CUSTOMERS IN THE CITY OF MATTOON, COLES COUNTY, ILLINOIS.

(INSTRUCTIONS TO VOTERS:  Mark a cross (X) in the space opposite the way you desire to vote.)

(Back of Paper Ballot)

OFFICIAL BALLOT

Official ballot for voting on the proposition to determine whether the City of Mattoon shall adopt an opt-out aggregation program for residential and small commercial retail electric customers in the City of Mattoon, Coles County, Illinois, at the General election to be held on November 6, 2012.

Precinct Number:  __________

Polling Place:  _____________

                                ­____(facsimile signature)_________________

                                County Clerk, the County of Coles, Illinois

                SECTION 11:  The Election shall be conducted by the election judges appointed by the County Board to act in the precincts at which said public question will be submitted to the voters of the City.

                SECTION 12:  After the adoption hereof and no later than August 30, 2012, the City Clerk shall certify a copy hereof to the County Clerk in order that the proposition set forth herein may be submitted to the voters of the City at the Election.

                SECTION 13:  The Election shall be held and conducted and the returns thereof duly canvassed, all in the manner and time as provided by the general election law.

                SECTION 14:  If any section, paragraph, clause or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance.

SECTION 15:  This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law.  If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity thereof shall not affect any other provision of this Ordinance.  All Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed insofar as they conflict herewith.

Upon motion by Mayor Gover, seconded by Commissioner Hall, adopted this 7^thday of August, 2012, by a roll call vote, as follows:

AYES (Names):     Commissioner Becker, Commissioner Ervin,

                                                Commissioner Hall, Commissioner Rankin,

                                                Mayor Gover

NAYS (Names):                    None

ABSENT (Names):               None

Approved this 7^thday of August, 2012.

/s/ Timothy D. Gover

                                                                                                Timothy D. Gover, Mayor

                                                                                                City of Mattoon, Coles County, Illinois

ATTEST:

/s/ Susan J. O’Brien

Susan J. O’Brien, City Clerk

Recorded in the Municipality’s Records on August 7, 2012.

                Mayor Gover opened the floor for discussion with no responders.

                Mayor Gover declared the motion carried by the following vote:  YEA Commissioner Becker, YEA Commissioner Ervin, YEA Commissioner Hall, YEA Commissioner Rankin, YEA Mayor Gover.

                Mayor Gover seconded by Commissioner Ervin moved to approve Council Decision Request 2012-1360, approving the Consultant Services Agreement with Good Energy for community outreach, bidding services, and implementation of a municipal electrical aggregation program. 

                Mayor Gover opened the floor for discussion or comments.  Director Barber introduced Mr. Gary Fogelman of Good Energy and reiterated the services and assistance provided by Good Energy.

                Mayor Gover declared the motion carried by the following vote:  YEA Commissioner Becker, YEA Commissioner Ervin, YEA Commissioner Hall, YEA Commissioner Rankin, YEA Mayor Gover.

                Mayor Gover seconded by Commissioner Rankin moved to approve Council Decision Request 2012-1361, ratifying the appointments of Donald Seaman for an unexpired term of 06/30/13 and Sarah Heyn for a term expiring 06/30/15 to the Mattoon Public Library Board.

                Mayor Gover opened the floor for discussion with no responders.

                Mayor Gover declared the motion carried by the following vote:  YEA Commissioner Becker, YEA Commissioner Ervin, YEA Commissioner Hall, YEA Commissioner Rankin, YEA Mayor Gover.

                Commissioner Becker seconded by Commissioner Rankin moved to adopt Ordinance No. 2012-5357, approving a 2-way stop at the intersection of

ORDINANCE NO. 2012–5357

AN ORDINANCE APPROVING A 2-WAY STOP AT THE INTERSECTION OF

WHEREAS, the City of Mattoon maintains a municipal street system; and

WHEREAS, the City of Mattoon is responsible for regulating the traffic on said street system; and

WHEREAS, certain traffic regulations have been determined to be in need of modification for the safe operation of the municipal street system.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Mattoon as follows:

Section 1.  Recitals.  The facts and statements contained in the preamble to this Ordinance are found to be true and correct and are hereby adopted as part of this Ordinance.

Section 2. Chapter 74, Schedule II, Sub-Schedule ‘D’ of the Code of Ordinances be amended by the addition of the following:

                                                     Two-Way Stop Intersections

                                                Street                                                                     Stops Approaching

                                                Division Street                                                     

Section 3. This ordinance shall be deemed published as of the day of its adoption and approval by the City Council.

Section 4.  This ordinance shall be effective upon its publication in pamphlet form and approval as provided by law.

Upon motion by Commissioner Becker, seconded by Commissioner Rankin, adopted this 7th day of August, 2012, by a roll call vote, as follows:

AYES (Names):                     Commissioner Becker, Commissioner Ervin.

                                                                Commissioner Hall, Commissioner Rankin,

                                                                Mayor Gover

NAYS (Names):                                    None

ABSENT (Names):                               None

Approved this 7^thday of August, 2012.

/s/ Timothy D. Gover

                                                                                                Timothy D. Gover, Mayor

                                                                                                City of Mattoon, Coles County, Illinois

ATTEST:                                                                               APPROVED AS TO FORM:

/s/ Susan J. O’Brien                                                             /s/ Janett S. Winter-Black

Susan J. O’Brien, City Clerk                                               Janett S. Winter-Black, City Attorney

Recorded in the Municipality’s Records on August 7, 2012.

                Mayor Gover opened the floor for discussion.  Commissioner Ervin inquired whether there had been a request or accident-driven.  Commissioner Becker stated a local resident requested the signage due to close encounters.  Director Barber noted the area was a blind intersection.

                Mayor Gover declared the motion carried by the following vote:  YEA Commissioner Becker, YEA Commissioner Ervin, YEA Commissioner Hall, YEA Commissioner Rankin, YEA Mayor Gover.

                Mayor Gover seconded by Commissioner Becker moved to approve Council Decision Request 2012-1362, approving the appointment of Mike Genta to the Revolving Loan Fund Board filling an unexpired term ending 04/30/2013.

                Mayor Gover opened the floor for discussion with no responders.

                Mayor Gover declared the motion carried by the following vote:  YEA Commissioner Becker, YEA Commissioner Ervin, YEA Commissioner Hall, YEA Commissioner Rankin, YEA Mayor Gover.

CITY OF MATTOON, ILLINOIS

RESOLUTION NO. 2012 -2866

A RESOLUTION APPROVING AN AMENDED

PERSONNEL POLICY WITH APPENDICES

WHEREAS, the City of Mattoon’s (the “City”) personnel policy was originally adopted in 1986; and,

WHEREAS, many Illinois statutes and city policies have changed in 26 years; and,

WHEREAS, the City wishes to adopt an amended Personnel Policy to reflect those changes.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF MATTOON, COLES COUNTY, ILLINOIS, as follows:

Section 1.  The amended Personnel Policy and Appendices is attached hereto and by this reference incorporated herein and a part hereof, and is hereby adopted, authorized and approved in all respects.

Section 2.  All resolutions or motions in conflict herewith are hereby superseded to the extent of such conflict, and that this Resolution shall be in full force and effect forthwith upon its adoption. 

Section 3.  The city clerk is directed to publish a copy of this resolution in pamphlet form at the first opportunity following its adoption and approval by the City Council.

Upon motion by Mayor Gover, seconded by Commissioner Hall, adopted this 7^thday of August, 2012, by a roll call vote, as follows:

AYES (Names):     Commissioner Becker, Commissioner Ervin,

                                                Commissioner Hall, Commissioner Rankin,

                                                Mayor Gover

NAYS (Names):                    None

ABSENT (Names):               None

Approved this 7th day of August, 2012.

                                                                                                Timothy D. Gover

                                                                                                Timothy D. Gover, Mayor

                                                                                                City of Mattoon, Coles County, Illinois

ATTEST:                                                                               APPROVED AS TO FORM:

/s/ Susan J. O’Brien                                                             /s/ Janett S. Winter-Black

Susan J. O’Brien, City Clerk                                               Janett S. Winter-Black, City Attorney

Recorded in the Municipality’s Records on August 7, 2012.

                Mayor Gover opened the floor for discussion with no responders.

                Mayor Gover declared the motion carried by the following vote:  YEA Commissioner Becker, YEA Commissioner Ervin, YEA Commissioner Hall, YEA Commissioner Rankin, YEA Mayor Gover.

                Mayor Gover seconded by Commissioner Ervin moved to adopt Ordinance No. 2012-5358, amending the municipal code to reflect updates to the Personnel Policy Manual.

CITY OF MATTOON, ILLINOIS

ORDINANCE NO. 2012-5358

AN ORDINANCE AMENDING THE MUNICIPAL CODE TO REFLECT UPDATES TO THE PERSONNEL POLICY MANUAL

WHEREAS, the City of Mattoon currently has ordinances that deal with employee regulations; and,

WHEREAS, the City has passed an updated Personnel Policy Manual at the regular meeting of Council by Resolution No. 2012-2866 on August 7, 2012; and,

WHEREAS, the City desires to update its Code of Ordinances to reflect the updated Personnel Policy Manual. 

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Mattoon as follows:

Section 1.  Recitals.  The facts and statements contained in the preamble to this Ordinance are found to be true and correct and are hereby adopted as part of this Ordinance.

Section 2.  Amendments. 

Section 31.03 of Chapter 31 of the Code of Ordinances of the City of Mattoon is hereby repealed (Ordinance 2000-5020) and amended to be consistent with the Personnel Code as follows:

§ 31.03 RESIDENCY REQUIREMENT FOR MUNICIPAL OFFICERS AND EMPLOYEES.

All municipal employees and officers shall be residents of Mattoon Community Unit School District No. 2. This section shall not apply to those officers and employees of the city living beyond such limit as of June 5, 1979; however, no such officer or employee living outside of the boundaries of Mattoon Community Unit School District No. 2 shall change his or her residence in any way except to move into and within the boundaries of Mattoon Community Unit School District No. 2.

All municipal employees and officers shall reside within twenty (20) miles of the corporate boundaries of the City of Mattoon unless otherwise provided for in employment agreements and Collective Bargaining Agreements.

Section 31.04 (B) of Chapter 31 of the Code of Ordinances of the City of Mattoon is hereby amended as follows:

§31.04 COMPENSATION.

 (B) All salaries of officers and employees of the city shall be paid every other Friday, unless provision is made to the contrary, by the City Council. The City Clerk shall prepare a changes to payroll list every other week, which when signed by the city administrator or commissioner in charge, the Clerk shall authorize the issuance of checks for the salaries indicated to be due. Deductions as provided by law shall be made for pension funds, social security, withholding tax (income tax), insurance, and also for voluntary deductions as authorized by employees.

Section 32.05 (C)(1) of Chapter 32 of the Code of Ordinances of the City of Mattoon is hereby amended as follows:

 (1) Probationary employees. Except for police officers and firefighters, an employee is a probationary employee for his or her first six months of employment. A police officer or firefighter is a probationary employee for his or her first 12 months of employment.  The City may discharge the employee with or without cause during this probationary period.

Section 33.003 of Chapter 33 of the Code of Ordinances of the City of Mattoon is hereby amended as follows:

§ 33.003 CITY OFFICE HOURS.

(A)      The offices of the City, namely the offices of the  Water Finance Department and  the City Clerk office and Dodge Grove Cemetery office, will remain open daily except Saturdays and Sundays from 8:00 a.m. to 5:00  4:30 p.m., and the City Clerk's office will remain open daily except Saturdays and Sundays from 8:00 a.m. to 4:30 p.m. All offices and departments of the City except the Fire and Police Departments will be closed on the following days to observe the following legal holidays: New Year's Day, Martin Luther King Day, President’s Day, Good Friday, Memorial Day, Fourth of July, Labor Day, Veterans Day, Thanksgiving Day, day after Thanksgiving, Christmas Eve Day and Christmas Day.

(B)        If a holiday falls on a Saturday, the proceeding Friday shall be observed as the holiday.  If a holiday falls on a Sunday, the following Monday shall be observed as the holiday.

Section 34.044 of Chapter 34 of the Code of Ordinances of the City of Mattoon is hereby amended as follows:

§ 34.044 RESIDENCY REQUIREMENT.

All future applicants for positions in the City Fire Department, at the time of application, must be a legal resident of said city and have resided a period of 90 days prior to making application, within its corporate limits. Employees shall reside within 20 miles of the corporate boundaries of the City of Mattoon. 

Section 37.01 of Chapter 37 of the Code of Ordinances of the City of Mattoon is hereby amended as follows:

§37.01 EMPLOYEE REGULATIONS ADOPTED BY REFERENCE.

The employee regulations of the city as set forth in Ordinances 89-4604, 90-4637, 93-4721, 2002-5099, 2006-5217, Resolutions 76-1202, 2001-2457, and all subsequent amendments thereto, as well as the provisions of 1968 Code §§ 2.46, 2.47, and 2.55 are continued in full force and effect, and are hereby adopted by reference and made a part of this code, the same as if set forth in full herein. These regulations only apply to employees not represented by a collective bargaining agent.

Section 3.  Severability. If any provision of this Ordinance, or the application of any provision of this Ordinance, is held unconstitutional or otherwise invalid, such occurrence shall not affect other provisions of this Ordinance, or their application, that can be given effect without the unconstitutional or invalid provision or its application.  Each unconstitutional or invalid provision, or application of such provision, is severable.

Section 4.  This ordinance shall be effective upon its publication in pamphlet form and approval as provided by law.

Upon motion by Mayor Gover, seconded by Commissioner Ervin, adopted this 7th day of August, 2012, by roll call vote, as follows:

AYES (Names):                     Commissioner Becker, Commissioner Ervin,

                                                Commissioner  Hall, Commissioner Rankin,

                                                Mayor Gover

NAYS (Names):                    None

ABSENT (Names):               None

Approved this 7th day of August,2012.

                                                                                                                /s/ Timothy D. Gover

                                                                                                                Timothy D. Gover, Mayor

ATTEST:                                                                                               APPROVED AS TO FORM:

/s/ Susan J. O’Brien                                                                             /s/ Janett S. Winter-Black

Susan J. O’Brien, City Clerk                                                               Janett S.Winter-Black, City Attorney

Recorded in the Municipality’s Records on August 7, 2012.

                Mayor Gover opened the floor for discussion with no responders.

                Mayor Gover declared the motion carried by the following vote:  YEA Commissioner Becker, YEA Commissioner Ervin, YEA Commissioner Hall, YEA Commissioner Rankin, YEA Mayor Gover.

                Commissioner Rankin seconded by Commissioner Becker moved to approve Council Decision Request 2012-1363, approving additional Mid-town TIF Funds in the amount of $14,131.65 for the construction of Wolf Park.

                Mayor Gover opened the floor for discussion.  Commissioner Ervin questioned whether the work was already completed with Commissioner Rankin stating affirmatively.

                Mayor Gover declared the motion carried by the following vote:  YEA Commissioner Becker, YEA Commissioner Ervin, YEA Commissioner Hall, YEA Commissioner Rankin, YEA Mayor Gover.

                Commissioner Ervin seconded by Commissioner Hall moved to adopt Special Ordinance 2012-1496, ratifying the appointment of Beth Wright as City Finance Director/Treasurer and approving the employment agreement.

CITY OF MATTOON, ILLINOIS

SPECIAL ORDINANCE NO. 2012-1496

AN ORDINANCE APPOINTING BETH WRIGHT AS FINANCE DIRECTOR/TREASURER AND AUTHORIZING THE EXECUTION OF THE EMPLOYMENT AGREEMENT FOR THE FINANCE DIRECTOR/TREASURER POSITION

BE IT ORDAINED by the City Council of the City of Mattoon as follows:

Section 1.  The City Council hereby approves the employment of and an employment agreement (“Agreement”) with Beth Wright for the position of Finance Director/Treasurer, a copy of which is attached hereto and incorporated herein by reference.

Section 2. The Council hereby authorizes the Mayor and City Clerk to execute the attached “Agreement”.

Section 3. This ordinance shall be deemed published as of the day of its adoption and approval by the City Council.

Section 4. This ordinance shall be effective upon its approval as provided by law.

Upon motion by Commissioner Ervin, seconded by Commissioner Hall, adopted this 7^thday of August, 2012, by a roll call vote, as follows:

AYES (Names):     Commissioner Becker, Commissioner Ervin,

                                                Commissioner Hall, Commissioner Rankin,

                                                Mayor Gover

NAYS (Names):                    None

ABSENT (Names):               None

Approved this 7th day of August, 2012.

/a/ Tim Gover

                                                                                                Tim Gover, Mayor

                                                                                                City of Mattoon, Coles County, Illinois