Council approves $16,000 “management fee” after Disagreement

Dena Schmidt represented Guarantee Electric providing the council information on upgrading the lighting because the State of Illinois gives money to upgrade lighting and become more efficient.

Jim Kelly gave an update on the post office mailbox during a regular scheduled meeting on March 11, 2013. Unfortunately, the mailbox will be staying there in the alley. There are things the city can do to fix the mailbox, Kelly said. The city can make the alley a one way alley and make it well lighted. “We can’t put the box in front of the building due to handicap parking if it turns into the post office,” Kelly said.

After a discussion with agents from the post office, it may be a possibility the post office will be housed in the police station. A group from the city met with an architect engineer and a security specialist. “It isn’t a done deal, but it looks good,” Kelly said. The post office would be open from 8am to 5pm at night and citizens can mail their mail inside the building rather than using the mailbox.

According to Kelly, the city will have to make the building handicap accessible and the city will have to put a wall up inside the station. “We don’t know how much of this we will have to pay for because the post office will pay for a whole lot,” Kelly added. The wall will have to contain a larger door at least 36 inches per regulation.

The post office will take care of all the counter tops, roll down screen, and possibly other things. “I know we will have to make it handicap accessible, they may do that but I am not counting on that part,” Kelly explained. According to Jim, the City of Benld will know if the police station will be the post office within 30 days. If they don’t use it as a post office, the city will deal with the mailbox.

Rick Vertichio’s Management Fee

Included in each board member’s packet was a bill from city attorney Rick Vertichio from the Atrazine settlement. Peyton Bernot questioned if the $16,250.00 fee was a contingency fee. Vertichio said it wasn’t “strictly contingent”, it’s a management fee of a claim. Rick explained without his work, the claim would not have been received to the City of Benld, so it is contingent in regards to receiving the claim. “It’s the same percentage we charged surrounding municipalities and I checked with other attorneys and they did the same thing,” Vertichio added.

The City of Benld was not involved in the lawsuit until Rick Vertichio got involved which Vertichio had to call and get an extension to become a claimant. “It’s based on the fact if we didn’t work on it, you wouldn’t have received any money,” Vertichio added. He estimated he worked on the case for 25 to 30 hours.

Jim Tilashalski questioned if any paperwork was signed between his office and the City of Benld prior to the claim being filed regarding the contingent fee. “No there was not,” Vertichio said. “It was based on we sent the claim in, we got in contact with the mayor’s office, and we got the information.”

“This is a lot of money Rick,” Bernot said of the $16,250 bill, but Mayor Robinson said it is only 6% of the settlement received. Vertichio said he would be glad to take the case to court, but he would ask for 10% if he won the court case instead of the initial 6%. “He would get almost triple,” Robinson said of the 4% increase. The triple increase as the Mayor explained is untrue and false, Rick would receive $27,322.59 if he won the court case.

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Rick Vertichio explained his “management fee” charged on the Atrazene settlement. The $16,250 bill was approved by the council.

“Would you still have requested this money if we received the $5,000 settlement which you said we were going to get,” Bernot asked. “Yes, I would have as a matter of fact,” Vertichio said. Lynn Fraelle said it is a lot of money, but she was willing to pay Vertichio based on the fact Benld received the settlement. “I would pay him the hours he worked by his $150 hourly wage,” Bernot added. “That’s not what I want,” Vertichio responded. The council went on to approve Vertichio’s management fee after a 4-2 vote with objection from Tilashalski and Bernot.

Ameren Electric

Dena Schmidt and Mike Richardson represented Guarantee Electric because the State of Illinois gives money to upgrade lighting and become more efficient. The current lighting in the conference room is illegal to buy and the T12 bulbs are not made. “Ultimately, you will have to replace to the lighting to more energy efficient models,” Dena explained.

Schmidt looked at city hall, the city park lighting, the facilities at the ballfield, the police department, and the maintenance shed. Dena gave the council two options since the civic center is rented out, so the council may want nicer fixtures for wedding receptions, banquets, and other gatherings. The council could either go 1 for 1 with a strip and a wrap-in to make the fixture look nicer since the bulbs aren’t shown for $15,767 with an incentive of $2,845. The second option would be going to a retrofit kit for $14,252 with an incentive of $3,837.

The city would save $1,400 each year from wattage based on the Ameren bill. However, 1 year labor is included and a 5 year lamp and ballast is included. At the park, there is no lighting because of vandalism.  Schmidt recommended using LED lights which are small strips enclosed so no one could access them, so there could be lighting there again.

Most of the savings were in the maintenance shed, Dena explained. The 250 watt lights would be dropped down 50% plus the work room is going to be rewired to bring the work room up to electrical code. The council approved the nicer, wrap in lighting fixtures for $15,767 with an incentive of $2,845.

Public Recognition

Tim Wargo, representing the Benld ballpark, questioned the city if they could help out with a few projects going on at the city field with the extra money they just received through the Atrazine settlement. Wargo wanted a new tractor and to finish the garage, but just wants help finishing the garage. The 30×15 foot garage needs medal siding and two garage doors.

The cost to complete the garage is $4,000 and Wargo explained all $4,000 is needed and will be appreciated. The $4,000 will finish the project that was started three years ago. Mayor Micky Robinson told Wargo to return with a plan of action so the city will be able to help.

Police Car Issue

Police chairwoman Gloria Sidar recently pulled a police car off the road. It has over 150,000 miles on the car with $700 needed repairs after Sidar recently approved $300 repairs. The two cars in use right now have over 40,000 miles and 80,000 miles. The woman from rural development to explain the department was approved for the first process of the police car grant.

Sidar now has to resubmit an application for a second process, but the city is not being awarded a 75/25 grant because of the city’s income. “They will approve us for 55% of the grant up to $14,500, which leaves the City of Benld responsible for $12,000 of the new car,” Sidar explained. The new car has a price tag of $26,000 with a cage. The council approved Sidar to submit part two with a 6-0 vote.

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Old Business

The council decided they were going to continue to investigate the TIF district while the street scape grant was denied. Robinson then questioned if the new traffic signs were in yet. According to Cathy Petrak, the signs have not been ordered yet. They should be in possibly by July.

Gloria Sidar then requested the Atrazine settlement money be moved to a separate account to keep track of the money. The money then would not be intermingled with other money. The council approved to move the money to a separate fund after a 6-0 vote.

New Business

Rick Vertichio explained there are 35 days left from the Federal Government before any work can start on the property, but the council decided to open bids for cleanup on both 100 North 6^th Street and 100 South Main Street. The council decided to meet in executive session at 6:45pm before the April meeting to open the bids and decide then who to use to clean up the properties. No action was taken Monday evening.

Madison Communications wanted to give the city a bid for the phone and internet services. Micky Robinson elected Peyton Bernot to look over Madison Communications bids along with the bills currently being paid.

The council went on to renew their 2013 membership with the Coal Country Chamber of Commerce. The council approved the membership 6-0.

2013 Oil & Chip Program

Doug Rauderman from HMG Engineers presented the council with the 2013 MFT program containing oil and chip prices. He explained the square yardage contained in the program will cover all north and south running streets except 3-4 streets.

“An estimate amount of $62,380 and a resolution for this year for $67,000 because IDOT allows the resolution up to 10% over for a little fluff,” Doug explained. “The streets need to be caught up. We will put down 3 tankers rather than 1 tanker like we had a few years back.” The council approved the resolution 6-0.

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