Ordinance & Legal Review Committee

CITY OF BELLEVILLE, ILLINOIS ORDINANCE AND LEGAL REVIEW COMMITTEE CITY HALL COUNCIL CHAMBERS SEPTEMBER 9, 2014 6:00 PM Alderman Kinsella called the meeting to order. Alderman Kinsella stated everyone in the room is aware of the disaster procedures. Members present on roll call: Alderman Kinsella, Alderman Musgrove, Alderman Hult, Alderman Galetti, Alderman Davidson and Mayor Eckert. City Attorney present: Garrett Hoerner. Attending: Michael Hagberg. PUBLIC PARTICIPATION Michael Hagberg, Belleville, Illinois. The discussion item under solicitor ordinance suggested separating in to two separate sections (1) for those who have never applied nor approved a solicitors license; and (2) those that do have a license but are violating an ordinance based on hours or trespassing as being two separate items to address. MINUTES Alderman Musgrove made a motion seconded by Alderman Hult to accept the minutes of August 26, 2014 All members present voted aye. ACTION ITEMS CONSIDER PROPOSAL FOR CODIFICATION SERVICES CITY ATTORNEY HOERNER stated a group made up of Mayor Eckert, City Clerk, Assistant Clerk, Emily Fultz and Eric Schauster of Economic Development and City Attorney Hoerner heard presentations from the three codification firms that had submitted responsive proposals…there was a fourth; however, it was not responsive and did not include much of the information and was only a few pages. The presentations included an overview of the proposals that were submitted and there were some questions/answers which included some questions that were received from aldermen based on the discussion at the last council meeting and discussion related to the written proposals. Alderman Hult asked how long did you spend with each firm; City Attorney Hoerner stated forty- five minutes to an hour. City Attorney Hoerner stated the firm American Legal Publishing had a  Ordinance & Legal Review Minutes September 9, 2014 representative appear live and the other two were held via video conference. The firms were from Ohio, New York and Florida. The services they provide are very similar. It consists of an initial legal review of the entire existing ordinance, a manuscript is provided to the City and it notes the issues they see with recommendations, there is a meeting where you go over the recommendations with feedback. They have the ability to make recommendations as to the legality or concerns they have on existing ordinances. They make recommendations concerning revisions of those ordinance and additional ordinances we may want to consider and based upon that there is a final code that is created an ultimately approved. After that they have the ability to supplement on a periodic basis which the City determines and they all provide model ordinance if there is an area the City wishes to cover. Coincidently, some of the areas that were mentioned in the first review were areas where we have had issues i.e. sign control, solicitors. It came down to the impressions of the interview; one of the benefits was that everyone was unanimous in assessing this order of the firms and the first was American Legal Publishing from Cincinnati, Ohio; the second was Municipal Code from Tallahassee, Florida; and the third was General Code from Rochester, New York. American Legal Publishing had the most repressive clients from Illinois; Municipal Code had quite of few as well; General Code had quite a few less in Illinois. In particular, in the area American Legal Publishing has done O’Fallon, and they just started with Swansea. Alderman Hult asked if they send representatives physically or is everything done electronically; City Attorney Hoerner stated American Legal Publishing sends their attorney here physically to go over the manuscript which made everyone comfortable. American Legal Publishing will be comparing the ordinances internally and whether or not it conflicts to State or Federal law. The process can be completed by the start of the fiscal year May 1, 2015. The ability to meet the timeline is dependent on the City involvement. The other two firms can not commit to the fiscal year deadline. Alderman Hult asked if a performance clause can be added; City Attorney Hoerner stated a deadline date will be included. All three will host the site on their secured server; they will have a link from our website to their server; other items can be included on their website i.e. minutes, agendas. General Code has completed an App for a device. Alderman Hult asked about search ability; City Attorney Hoerner stated they all use searchable software i.e. Folio, e360. After the initial payment each firm uses a per page pricing; American Legal Publishing is $18 for the first 900 pages and then $15 per page. The base is $16,200 and if it were determined on 1200 pages it would be just under $22,000. City Attorney Hoerner stated a legal review of Zoning will be included. Alderman Kinsella asked once we received the documents how will we digest; City Attorney Hoerner said it is how the City would like to do it. Generally speaking when the Code is complete a lot of time there is one acting ordinance for the entire Code. The old Code will be archived and American Legal Publishing can archive electronically the Code each time there are updates. The City will receive twenty printed copies and five CDs. Alderman Musgrove asked if they will suggest ordinances that the City does not currently have; City Attorney Hoerner stated yes. Page 2 of 3  Ordinance & Legal Review Minutes September 9, 2014 Alderman Hult asked if home rule and non-home rule was discussed as far as state law; City Attorney Hoerner stated they are familiar with that and referred to their Illinois clients (three single spaced lists three pages long, including the City of Chicago). City Attorney Hoerner stated when it comes time to supplement they will advise of the statutory changes this year and we recommend these and the City approves and pays $15 per page which is then posted to the new Code within ten days and the archive the old Code. The Code will then be constantly accurate. Alderman Davidson asked what happens when the City makes a change; City Attorney Hoerner stated they will review along with the City Attorney for no additional charge (the only charge is $15 per page). City Attorney Hoerner stated he told the three firms he would notify them of the recommendation. Alderman Hult asked if they have a standard contract, if so, has it been reviewed; City Attorney Hoerner stated yes and if there was a recommendation they would submit and it would be review at that time with revision, if necessary. Alderman Davidson made a motion seconded by Alderman Hult to recommend American Legal Publishing for codification services and to send to City Council on September 15, 2014 subject to the City Attorney having an acceptable contract for execution. Members voting aye on roll call: Musgrove, Hult, Galetti, Davidson, Kinsella, and Mayor Eckert. DISCUSSION ITEMS SOLICITOR ORDINANCE Alderman Galetti recommended tabling until the next meeting due to Alderman Schneider’s absence; all concurred. MISCELLANEOUS Mayor Eckert stated he will be recommending a five mile radius for non-union positions. ANY BUSINESS, DICUSSION OF COMMENTS FROM THE ALDERMEN OF THE COMMITTEE None. ADJOURNMENT Alderman Galetti made a motion second by Alderman Musgrove to adjourn at 6:35 p.m. All members present voted aye. Page 3 of 3