City of Moline Committee-of-the-Whole met April 7.
Here is the minutes provided by the committee:
PRESENT: Mayor Stephanie Acri (Chair)
Alderman Scott Williams (Ward 1)
Alderman David Parker, Jr. (Ward 2) ~ electronically
Alderman Mike Wendt (Ward 3) ~ electronically
Alderman Richard “Dick” Potter (Ward 4) ~ electronically
Alderman Sam Moyer (Ward 5)
Alderman Kevin Schoonmaker (Ward 6) ~ electronically
Alderman Mike Waldron (Ward 7) ~ electronically
Alderman Sonia Berg (Alderman At-Large) ~ electronically
ABSENT: None.
STAFF: J.D. Schulte, Interim City Administrator
Janine Hollembaek Parr, City Clerk
Rodd Schick, Interim Public Works Director ~ electronically
Don Goff, Information Technology Manager
Darren Gault, Chief of Police
Jeff Snyder, Fire Chief
Carol Barnes, Finance Director ~ electronically
Jeff Anderson, City Planner ~ electronically
Chris Mathias, Property Management Coordinator and Interim Land Development Manager ~ electronically
K.J. Whitley, Community Development Program Manager ~ electronically
Geoff Manis, Moline Centre Main Street Manager ~ electronically
OTHERS: Derke Price, Ancel Glink
Mayor Acri called the meeting to order at 6:00 p.m. in Council Chambers.
Presentation
Introduction of Eric Griffith, Parks Recreation Director.
Mayor’s Board Appointment
Mayor’s reappointment of Doris Moreno to the Rock Island County Emergency Telephone Service Board for a full two-year term effective April 1, 2020. Alderman Waldron made a motion to approve. Seconded by Alderman Moyer. Motion carried on roll call with the following vote: ayes: Alderman Wendt, Potter, Moyer, Schoonmaker, Waldron, Berg, Williams and Parker; nays: None.
Questions on the Agenda
Alderman Moyer, seconded by Alderman Williams, moved to approve the remote electronic attendance of Aldermen Parker, Wendt, Potter, Schoonmaker, Waldron and Berg. Motion passed unanimously.
Agenda Items
1. A Special Ordinance granting a temporary modification to Section 28-3200(a) and Section 35-4218 of the Moline Code of Ordinances to permanently waive the installation of sidewalks for property located along 36th Avenue Court, pursuant to an application submitted by Haversian Canal Systems, LLP (ORA Orthopedics), 510 Valley View Drive, Moline. Chris Mathias, Property Management Coordinator, explained that at its March 24, 2020, Committee-of-the-Whole meeting, the City Council considered an application from Haversian Canal Systems, LLP (ORA Orthopedics), located at 510 Valley View Drive, for a temporary modification to delay installation of public sidewalks along 36th Avenue Court. Upon consideration of the application, the Council voted to approve the alternate option for permanent waiver and payment in lieu of sidewalk construction. This option would allow ORA to pay $35,696 to the City’s sidewalk improvement fund (sidewalk infill contracts), as opposed to installing the sidewalks at an estimated cost of $60,000 plus. ORA has responded to the City and informed staff that the COVID-19 economic slowdown is causing a major effect on its business, with clinical patient volumes at one-third of the previous volume. ORA has furloughed 210 of its 360 employees, and its physicians are being tasked in assisting the hospital systems with manner of care for patients during the COVID-19 pandemic. ORA requests a 12-month delay to pay the $35,696. A motion was made by Alderman Wendt to approve. Seconded by Alderman Moyer. Motion passed unanimously.
2. An Ordinance amending Chapter 22, “OFFENSES-MISCELLANEOUS,” of the Moline Code of Ordinances, Article I, by enacting one new Division 7 entitled “Registration of Certain Offenders.” Darren Gault, Chief of Police, indicated that the City of Moline is required to register sex offenders and violent offenders against youth pursuant to the Illinois Sex Offender Registration Act and the Illinois Murderer and Violent Offender Against Youth Act, respectively. The State of Illinois has imposed a registration fee for the registration of sex offenders and murderer and violent offenders against youth, and the City desires to impose the state sanctioned registration fees for said offenders. It is in the best interests of the health, safety and welfare of the residents of Moline to amend the Code of Ordinances to include language for registration of such offenders residing or temporarily domiciled within the City and to impose fees for the registration. The offenders must register with the Chief of Police or his designee. Per the Acts, the City shall retain a portion of each sex offender registration fee and the full amount of each murderer and violent offender against youth registration fee. The
City’s current number of registered sex offenders is 105, and its number of registered murderer and violent offenders against youth is twelve. To align with the Acts, this ordinance provides that the Chief of Police or his designee may waive an offender’s registration fee if it is determined that the offender is indigent and unable to pay the fee. The Chief of Police or his designee may also approve a payment plan. If an offender is not determined to be indigent and unable to pay, the penalty for non-registration, upon conviction, is a fine of not less than $100 plus court costs and not more than $750 plus court costs, as set forth in Section 1-1107 of the Code. The following shows the City’s current number of registrants, the fee schedule and a potential revenue amount based upon receipt of all initial registration fees:
A motion was made by Alderman Moyer to approve. Seconded by Alderman Wendt. Motion passed unanimously.
3. A Resolution authorizing the Mayor and City Clerk to execute and attest to Addendum No. 1 to the Law Enforcement Services Agreement between the City of Moline and Universal Protection Service, LLC d/b/a Allied Universal Security Services, modifying the terms for assignment of uniformed police officers to the SouthPark Mall complex. Darren Gault, Chief of Police, stated that in February 2020, the City of Moline and Universal Protection Service, LLC d/b/a Allied Universal Security Services (collectively, the “Parties”) entered into a Law Enforcement Services Agreement for the assignment of uniformed police officers to the SouthPark Mall complex (“Center”) for 2020. Per the agreement, an officer will be assigned to the Center for 44 hours per week at $55.51 per hour. On March 9, 2020, the Governor of the State of Illinois issued a disaster proclamation declaring a state of emergency as a result of the spread of the COVID-19 virus. On March 20, 2020, the Governor issued an Executive Order that included the temporary closure of non-essential businesses and operations within the State through April 7, 2020. On April 1, 2020, the Governor extended that closure date to April 30, 2020. The common areas of the Center have been closed as a result of the Executive Order and only a limited number of essential businesses and operations at this location remain open to serve customers via drive thru and carryout services. The Parties recognize that the intent of the Law Enforcement Agreement is compromised by the Governor’s issuance of the Executive Order and its extension, and the need for services from the City and the provision of services by the City were ceased on March 22, 2020. Allied Universal paid $31,750 to the City for the first quarter of 2020; per the terms of the agreement, said amount is also due in April, July and October of 2020. In recognition of the change in service as a result of the Executive Order, the City agrees to credit Allied Universal $2,442.31 against the future invoices. If, as anticipated, the Governor’s Order extends through April 7, 2020, the Parties agree to further deduct $4,884.62 from the amount otherwise due from Allied Universal to the City for the next quarterly payment. In the event that the Governor’s Order remains extended past April 7, 2020, the Parties will deduct $55.51 for each of the 44 hours of service per week that are not provided by the City. A motion was made by Alderman Moyer to approve. Seconded by Alderman Williams. There was discussion. Corporation Counsel Derke Price expressed support of the addendum. Motion passed unanimously.
4. A Resolution approving benefits granted by the City of Moline to City of Moline Emergency Responders in lieu of the Families First Coronavirus Response Act. Corporation Counsel Derke Price shared that in response to the COVID-19 pandemic, the President signed into law the Families First Coronavirus Response Act (“FFCRA”) on March 18, 2020. Among its provisions, the FFCRA includes the following two rules: 1) granting up to two weeks of emergency paid sick leave to all employees for COVID-19 related reasons; and 2) granting an additional 12 weeks of FMLA leave to care for a child who is at home because the child’s school or daycare is unavailable due to COVID-19. The FFCRA also gave employers of health care workers and employers of “Emergency Responders” the power to except those workers from one or both of those rules. The City employs Emergency Responders. The Department of Labor has issued guidance that the definition of
Emergency Responders includes police, excluding crossing guards, fire, and public works employees, and the personnel who support the police, fire and public works operations. City staff has analyzed the personnel requirements of police, fire and public works and determined that each of these departments is running quite lean. Therefore, staff recommends excepting Moline’s Emergency Responders from that rule. Regarding the two weeks of emergency paid sick leave, there are six qualifying reasons for its use:
1. The employee is subject to a Federal, State, or local quarantine or isolation order related to COVID-19.
2. The employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19.
3. The employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis.
4. The employee is caring for an individual who is subject to paragraphs (1) or (2).
5. The employee is caring for a son or daughter of such employee if the school or place of care of the son or daughter has been closed, or the childcare provider of such son or daughter is unavailable, due to COVID19 precautions.
6. The employee is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services in consultation with the Secretary of the Treasury and the Secretary of Labor.
Many public employers are excepting their Emergency Responders from this leave rule as well. Conversely, the City recognizes that the Emergency Responders may have need for such leave. After much discussion, staff recommended the City except its Emergency Responders from the Emergency Paid Sick Leave rule but instead grant back nearly identical benefits with a modification to qualification #5 that requires the leave to be intermittent and subject to being denied by the Chief of Police, the Fire Chief or the Director of Public Works if personnel demands of the City require the Emergency Responders to report to work. Staff moved forward with this action on March 31, 2020, before FFCRA became effective. This resolution ratifies and affirms that action. Given its urgent nature, this item also appeared on the City Council Agenda on April 7, 2020, under “Items Not on Consent.” A motion was made by Alderman Waldron to approve. Seconded by Alderman Potter. Motion passed unanimously.
5. A Resolution designating additional revolving loan funds for relief to Moline businesses impacted by the COVID-19 state of emergency. Derke Price, Corporation Counsel, explained that at the start of the fiscal year, there was approximately $273,000 in the Revolving Loan Fund. Of that, $100,000 was designated for loans to businesses demonstrating negative impacts from the I-74 Bridge Project. Subsequently, Council directed that $50,000 be used for loans to businesses adversely impacted by the COVID-19 pandemic. To date, the City has issued one loan in the I-74 Bridge Program for $10,000 and has one pending application for a $10,000 loan. The City has issued 10 loans of $5,000 each under the COVID-19 Program. This resolution would repurpose and dedicate the $80,000 remaining in the I-74 Bridge Program (this assumes the second application is approved), plus $20,000 of otherwise undesignated Revolving Loan Funds, to a second round of loans to businesses that have been negatively impacted by the COVID-19 pandemic. This would still leave approximately $103,000 in the Revolving Loan Fund if, as anticipated, all $100,000 of this new COVID-19 (II) program is loaned to Moline businesses. Given the urgent nature of this item, this item also appeared on the City Council Agenda on April 7, 2020, under “Items Not on Consent.” Price explained that in the first round, only the accrued interest was paid annually, but under the second-round terms, borrowers would be required to make equal payments to the loan’s principal. Moline Centre Main Street Manager Geoff Manis explained the process used and continued interest from identified businesses. A motion was made by Alderman Moyer to approve. Seconded by Alderman Williams. There was discussion. Motion passed unanimously.
6. A Resolution establishing a City of Moline Continuity of Operations Plan for the COVID-19 pandemic state of emergency. Corporation Counsel Derke Price indicated that on March 10, 2020, J.B. Pritzker, Governor of the State of Illinois, issued a disaster proclamation as a result of the spread of the COVID-19 virus. On March 12, 2020, the Governor issued an Executive Order encouraging social distancing to fight the spread of COVID19. In furtherance of the goals of social distancing and protecting the employees of the City of Moline, the City of Moline desires to establish a Continuity of Operations Plan as a proactive plan for a City of Moline employee contracting COVID-19. Approval of this resolution will establish the attached Continuity of Operations Plan, and ratify and approve, nunc pro tunc, the prior implementation of the Continuity of Operations Plan by the Interim City Administrator. Additional documentation attached. Given its urgent nature, this item also appeared on the City Council Agenda on April 7, 2020, under “Items Not on Consent.” A motion was made by Alderman
Moyer to approve. Seconded by Alderman Williams. Payments may be made online, via a drop box, or at the Finance Department window. There was discussion that perhaps the window should be closed during the COVID-19 state of emergency. Derke Price, Corporation Counsel, indicated that although options are provided that support social distancing, some customers are only comfortable paying cash and/or in-person. Deferring payments for these customers or asking them to pay with a money order was discussed. Alderman Schoonmaker asked that staff consider unforeseen consequences of deferred payment and its impact on landlords. Interim City
Administrator J.D. Schulte explained that a cash receiving station is being investigated by staff. Mayor Acri asked that staff continue moving forward with this option. Alderman Wendt, seconded by Alderman Moyer, moved to amend and close finance access to the public and direct staff to develop a plan for deferred payment to assist customers without a cash-alternate payment method. Schulte indicated that a committee of three is working on this option, and he will provide a progress update to Council this week. Motion passed unanimously. There was discussion. The amended motion carried unanimously.
7. A Resolution authorizing City staff to complete the remainder of Phase I of Project #1331, Floreciente Streetscape, 7th Street, West of 4th Avenue, by extending the previously approved contract prices from Phase I of said Project in an amount not to exceed $315,000; and authorizing City staff to proceed with Phase II of Project #1331. K.J. Whitley, Community Development Program Manager, and Jeff Anderson, City Planner, stated that approval of this resolution would extend contract bid prices from the previously bid Phase I to Phase II for Project #1331, Floreciente Streetscape, 7th Street, West of 4th Avenue (“Project #1331”). Project #1331 was bid with two phases anticipated. On September 10, 2019, City Council approved the contract for Phase I of Project #1331 via Resolution No. 1117-2019. Sufficient Community Development Block Grant (“CDBG”) funds are available and budgeted for Project #1331. Completing Phase II of Project #1331 at this time would be consistent with project details previously presented to Council. Should the City Council be of the opinion that circumstances do not warrant moving forward with the Phase II work at this time, the following information may be useful in determining an appropriate path forward. The Streetscape funds are within the CDBG Consolidated Plan’s Neighborhood Infrastructure Program Project. This Neighborhood Infrastructure Program Project allows for activities such as streetscaping (hard and softscape), street improvement, storm drains, sidewalks, street signage and street lighting work. Moving funds from Project #1331 to one of these other infrastructure projects would require minimal effort. Moving funds to another project category would most likely require a “Substantial Amendment” to the Consolidated Plan which would involve a public participation and public hearing process as well as public comment periods by the City and HUD, review by CACUP, approval by City Council, and review and consent from HUD. This process typically takes approximately 90 days. Other project categories that could be considered for CDBG funding include Acquisition and Disposition of Real Property, Public Facilities and Improvements, Public Services (capped at 15% of total annual allocation), Housing, Economic Development, General Administration and Planning. Any new projects, whether requiring a Substantial Amendment or not, will also require the appropriate level of Environmental Review or Assessment prior to the obligation of funds for a project. It is also important to note that all CDBG funded activities must meet a CDBG national objective, such as low-to-moderate income benefit, and must have an associated matrix code as a HUD approved/CDBG eligible activity type. Staff will review this information with the City Council as part of this agenda item. The contractor has acknowledged its availability and has requested to move forward with Project #1331. Given this, this item also appeared on the City Council Agenda on April 7, 2020, under “Items Not on Consent.” Schulte explained that the funds may be used for streetscaping/softscaping as described in this plan, and may also be used for infrastructure improvements like streets, storm drains, sidewalks, street lights and street signage. Finance Director Carol Barnes will present an amended budget this evening that calls for the delay of some infrastructure improvement projects. Council is asked to consider redirecting these funds to accomplish infrastructure projects in the census tract. Anderson explained that funds must be timely spent by October 31, 2020. There was discussion. Planning staff verified that private contributions of $1,000 have been received.
Schulte suggested that utility engineering staff might devise a list of locations in the census tract for lead service replacement. Alderman Wendt suggested that the funds be used in a more immediate way to assist people impacted by the COVID-19 state of emergency and thus improve their quality of life. Whitley stated that it will take approximately 90 days to make the required substantial amendment to the funding application. Anderson clarified that utility pipes are not included within the consolidated plan explanation for possible use of funds.
Those infrastructure categories in which the money may be allocated include streetscaping, storm drain, sidewalk, street lighting, street signage, and street repair. Whitley explained that if more than 50% of funds are reallocated, a substantial amendment is required. A motion was made by Alderman Wendt to postpone Phase II and transfer 49% of those funds to a more immediately impactful program as determined by staff, with staff bringing forward, by the next Council meeting, a plan for redirection of the remaining 51% of funds. Seconded by Alderman Parker.
Alderman Potter suggested that staff consider maintaining allocation of the remaining 51% to the originally proposed use. Motion passed with Alderman Waldron voting nay.
8. Other. Mayor Acri stated that LiveStories provides the City’s interactive financial reports as well as its COVID-19 page. In working with LiveStories to develop the website, a tool has evolved that is specific to the City’s concern of how to best serve Moline’s small businesses and help them navigate the avalanche of information received during the state of emergency. The tool is pre-populated with information specific to each business, for determining program eligibility, then filters and presents information relevant to that business.
Mayor Acri provided a demonstration of the tool and pre-population sources/methods. The Cities of Rock Island and East Moline are interested in participating. Silvis may be interested as well. If all participate, the cost would be approximately $500/month: $16,200 total cost with three equal payments over the 3-year term. The agreement could be terminated at any time. Mayor Acri indicated that Renew Moline may be interested in sponsoring the program. Alderman Parker made a motion to approve. Seconded by Alderman Moyer. Mayor Acri noted that library employees could assist with the new program. Motion passed with Alderman Waldron voting nay. This will appear on the Council Agenda next week.
Informational
Projected 2020 Budget Impact – COVID-19. Carol Barnes, Finance Director, stated that uncertainty is inevitable as we navigate this state of emergency. The magnitude of the pandemic and consequent stay-at-home order has negatively and dramatically harmed the global economy and impacted local revenues. Though difficult to determine, Barnes presented anticipated specific and measurable loss to the City’s revenue streams, indicating that the total shortfall could reach $5.8 million during the stay-at-home order through April 30, 2020. A response, across all funds, was presented. A moratorium on hiring personnel, a halt to non-essential spending and a delay of planned infrastructure projects provide the greatest impact. Even with these revisions, the general fund is still projecting a $2.9 million shortfall. Consideration to cover this shortfall was presented. If the stay-at-home order is extended beyond April 30, 2020, shortfalls could approach $9-10 million with slow down through December 31, 2020. The City’s potential response was outlined. Corporation Counsel is helping the City monitor available aid through the CARES Act. The City has ample resources available for short-term cash flow flexibility. Better information will lead to better decision making. Barnes will provide detailed department adjustments for twoon-two meetings with Council members. Barnes’ PowerPoint presentation is attached. There was discussion about available library funds. Barnes explained that there are library endowments upward of $900,000 with restrictions, so only the accrued interest may be drawn.
Corporation Counsel Derke Price explained that a resolution modifying the Personnel Code will be brought forward for consideration at the next Council meeting. The Resolution would temporarily modify the Code to impose a moratorium on hiring, including seasonal, part-time and full-time employees, across all departments. Open positions that administration deems necessary to fill and any other exceptions will require the consent of the City Council. There was discussion to include a halt of internal promotions as well. This change to the personnel code would remain in effect until repealed by Council. Alderman Parker, seconded by Alderman Williams, moved to approve the Resolution as outlined by Corporation Counsel and amend to include a moratorium on promotions, across all departments, that applies to all positions currently open. Contractual obligations would also be brought for Council direction. Schulte explained that he has a list of open positions that he will be discussing with Council during the 2-on-2 meetings. The motion passed unanimously.
Public Comment
There was no public comment.
The meeting adjourned at 7:49 p.m.
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