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Benld Council adopts Airbnb ordinance

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Justin Vonder Haar of HMG Engineers

The Benld City Council voted unanimously Monday night to adopt an ordinance governing the operation of short-term rentals, popularly known as Airbnbs, within the city limits, accepted the city’s annual audit, and again tabled making final payment on a recently completed water tower painting project.

Council members spent several minutes of discussion hammering out details of the Airbnb ordinance, before approving a final version. City Attorney Rick Verticchio said had prepared a draft ordinance but needed the council to reach a final decision on several details. Reacting to news reports regarding Airbnb issues in St. Louis, some aldermen had suggested a licensing fee of as much as $1,000 annually to discourage the practice of short-term rentals. If the council did not intend to limit licensing by making it cost-prohibitive, Verticchio said, a decision would be needed regarding the city’s intent.

“I don’t know what the goal is,” Verticchio said.

“It’s mainly to get a handle on it so we know where they are,” Ald. Dustin Fletcher said.

Ald. Jerry Saracco suggested requiring a minimum of a two-night stay.

The ordinance was approved on a motion by Ald. Fletcher, seconded by John Balzraine.

Provisions of the new ordinance include:

  • A mandatory $100 annual license for each person operating one or more Airbnbs.
  • An initial housing inspection at a cost of $75, plus an annual $50 inspection thereafter for each property offered for short-term rental.
  • Units must be rented a minimum of two nights with a maximum of 14 nights to be considered short-term rentals.
  • A hospitality tax of four percent or $25 per night, whichever is less.
  • A minimum of $500,000 in liability insurance with the city named as secondary insured.

Fletcher commented that short-term rentals are becoming a more prevalent practice, particularly for former residents who want to monetize a spare house in the city. The new ordinance will require a monthly report from operators to document the number of renters and the amount of revenue resulting from the rentals.

CITY AUDIT

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Following a brief presentation by Kara Evans of Scheffel Boyle CPAs, the council voted unanimously to accept the city’s annual audit and financial statement. The auditors rendered a “clean opinion” on the city’s financial practices, finding no material errors or weaknesses in how the city accounts for its expenditures and financial resources.

Evans noted a slight decrease in cash reserves from the previous fiscal year, which was somewhat offset by returns earned on investments. While property tax revenue and state payments remained stable for the year, donations were down from the previous couple of years. Likewise, motor fuel tax disbursements to the city were down from the previous two years or so.

Total expenditures declined slightly, primarily due to the fact the city was not required to tear down any derelict buildings. Meanwhile, the city was able to realize some income from the sale of two properties acquired by the city through condemnation proceedings. The city entered into a new loan to purchase a tractor but paid down a loan taken out to purchase a backhoe, resulting in a total secured debt that is relatively unchanged from a year ago.

Evans also noted the Frank Bertetti Benld Public Library Board has continued to meet its commitment to invest 50 percent of all donations.

PAYMENT TABLED

After a brief discussion with Justin Vonder Haar of HMG Engineers, the council again tabled action on approving a final payment of $19,200 to Neuman Company Contractors due to continuing issues with a telemetry sensor that monitors the water level in the city’s water storage tower. The sensor reportedly hasn’t worked correctly since Neuman completed a painting and repair project on the tower. Last month, the council approved payment of $72,018 but withheld the retainer pending the company’s successfully repairing the issue.

“They thought they fixed it but they didn’t,” Mayor Jim Kelly said. Kelly said the company is expected to return with a third party to help pinpoint and repair the problem. “We’ve got the money but we’re going to hold onto it.”

The council rejected Vonder Haar’s suggestion that the city approve the payment pending resolution of the sensor issue.

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“I don’t want to authorize payment because we could pay it and then, two weeks later, it could stop working again,” Ald. Sarraco said.

Vonder Haar also reported on progress being made toward completing a survey of lead water service lines to Benld homes. The state-funded survey is expected to document the number of homes whose water is delivered through lines contaminated with lead. At some point in the future, grant funds are expected to be made available to help replace the lines with non-toxic materials.

Vonder Haar said fliers regarding the survey are expected to be mailed to local residents in two or three weeks. In the meantime, he said city officials could help by using social media and other resources to increase public awareness of the project.

“Any public awareness you can do will be greatly appreciated,” he said.

POLICE ISSUES

City Attorney Verticchio said he would talk to Police Chief Jared DePoppe after Ald. Fletcher complained he had called for a police officer to ticket an unlicensed solicitor, claiming to represent a local electrical utility. Fletcher said the officer who responded, however, refused to write a citation, presumably because no state laws were broken.

“What good does it do to have them if they’re not going to write ordinance violations?” Fletcher asked. “We need to get things clarified.”

Additionally, Ald. Saracco complained that Gillespie is still not providing the City Council with an accounting of the amount of time spent in Benld on patrol.

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Verticchio said he would discuss both issues with DePoppe, noting the contract for police services specifically obligates Gillespie Police to write ordination violation citations.

NUISANCE PROPERTIES

On a motion by Ald. Balzraine, the council voted unanimously to declare 500 North Sixth Street a public nuisance, which authorizes the city to seek legal action to clean up the property. The property recently was foreclosed, making the mortgage holder responsible for abating the nuisance, according to Verticchio.

No specific action followed a 20-minute executive session to discuss litigation, but Verticchio updated the council in open session about several pending cases. He reported that he expects the court to give permission to the city to clean up a property at 407 North Fourth Street but that police will probably be needed to remove squatters who reportedly moved into the house.

The council somewhat reluctantly accepted a bid of $11,000 from a neighbor to purchase a nuisance property at 306 North Seventh Street. Verticchio said the city had wanted 12,750 to fully recoup legal costs and the cost of clean-up. Seeing that no other offers have been received, he recommended accepting the bid and absorbing the $1,750 loss.

“I don’t know that we have many other options,” Ald. Saracco commented.

In a related matter, the council accepted a bid of $1,000 from Melvin West to purchase a city-owned parcel at 408 South Main Stree.

LEASE AGREEMENT TABLED

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The council tabled action on renewing a lease on the building currently serving as the city’s post office on Central Avenue. The current lease doesn’t expire until 2025, but the building owner wants to renew the lease for five years, along with an option to renew for two more five-year terms. Accepting the new terms would essentially obligate the city through 2040.

City aldermen opted to refer the issue to Verticchio for further research and recommendation. Among the issues the council wants resolved is a provision in the contract requiring the city to pay the company that drafts the lease.

OTHER ACTION

In other action, the council:

  • Renewed the city’s liability insurance policy with the Illinois Municipal League’s Risk Management Association. The policy is basically a shared risk program involving municipal enrollees from throughout the state. By pooling resources, RMA is expected to keep rates relatively low. The premium for the new policy is increased by about eight percent.
  • Voted to purchase an electronic digital transit at a cost of about $800.
  • Agreed to purchase rock and culvert to resupply the city’s inventory.
  • Approved a business for Cindy’s Decor and More, a home-based business operated by Cindy Crites.

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Sales tax question goes to Gillespie voters April 1

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Gillespie voters will have an opportunity to vote on whether or not the City of Gillespie can impose a one percent retail sales tax for Public Safety purposes as a result of action taken by the city council Monday night. Council members voted unanimously to approve a resolution prepared by City Attorney Rick Verticchio to put the question on the April 1 consolidated election ballot. The question will be presented in conjunction with the election to choose the mayor, city clerk, city treasurer and three aldermen.

The council discussed the issue of seeking a Public Safety sales tax during the council’s regular meeting on Dec. 9 and during a continued meeting on Dec. 23, at which time there was speculation the city could implement the tax via resolution only without seeking voter approval. The resolution presented Monday night confirms that voters can weigh in at the ballot box on whether or not to impose the tax.

“This is just a resolution so we can have that question on the ballot,” Verticchio told the council.

During the December meetings, Treasurer Dan Fisher said the city agreed to seek the tax during collective bargaining negotiations with the police officers union.  The expected $200,000 will help cover additional costs associated with local police joining the Illinois Municipal Retirement Fund system for retirement benefits, as well as the cost of adding additional police officers to cover police protection services in satellite communities. Benld Ald. Jerry Saracco told the Benld Council last month that satellite communities also were being asked to consider seeking a Public Safety sales tax to help defray police protection costs, but there appeared to be no interest on the part of the Benld Council to follow Gillespie’s lead.

In addition to the tax question and city officials, the consolidated ballot also will include elections for three Community Unit School District 7 Board of Education members, as well as township officials.

POLICE STATION PROGRESS

On a motion by Ald. Dave Link, seconded by Ald. Dona Rauzi, the council unanimously voted to release $59,199.26 to contractor John Watson, Gillespie, to pay subcontractors for remodeling work at the new Gillespie Police Station at 124 N. Macoupin St., the former location of Gillespie Chiropractic directly across the street from City Hall. 

Rauzi reported the city had paid Watson $9,000 to start the remodeling project. The additional money will be used to pay various vendors such as Glass Cutters, Carlinville, and Carpani Computers for installing computer networking and internet systems. 

The council also approved a $1,998.85 change order request for the project to cover the cost of reopening exterior stairs that the previous owner had enclosed. The additional money will cover the cost of siding, framing, lighting and replacing stairs that were removed when the entry was enclosed.

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In a related matter, the council formally declared as surplus property a desk that the previous owner left behind and to transfer the desk to Watson. Rauzi said the desk had little value and that no other city office had a use for it. She said the options for disposing of it were to either give it to Watson or store it at the Civic Center.

With the same action, the council declared as surplus unused roof trusses which will be offered for sale via sealed bids.

GRANT MANAGER BILL

On Fisher’s recommendation, the council agreed to pay Fuel Growth Group’s bill of $137,550 for billing and consulting services associated with grant management services related to $3 million in federal grants and $1 million in state grants awarded to the city for its downtown streetscape project. Fisher said the agency’s bill is based on an hourly rate totaling 7.5 percent of the $4 million in grant awards.

Verticchio said he plans to contact the vendor regarding its new contract due to concerns he has about some of the contract’s wording. He said the contract calls for an hourly rate up to $257,000 after the first installment of 50 percent is paid.

“I don’t have any great problem with the contract,” Verticchio said, adding that he wants to revise the contract so the city does not owe the balance if the billable hours do not reach $257,000. “In all probability, we will get to that amount, but I want to make sure that if we don’t reach $257,000, we won’t owe them the full amount.”

EXECUTIVE SESSION

No action followed a brief executive session requested by Ald. Frank Barrett, Lake Chairman, to discuss personnel. While the nature of the discussion was not specified, it is likely the closed-door session focussed on replacing Gary Thornhill, long-time Lake Manager who recently resigned to take another job.

In a related matter, Barrett told the council he is getting pricing from Carpani Computers for a new point-of-sale computer and printer for the Lake Store. 

“When Gary left, we were using his computer and printer at the store,” Barrett said, explaining the need for new equipment.

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COMMUNICATIONS TOWER

Council members briefly discussed the status of a new communications tower, construction of which is likely to start this year. The council previously entered into a franchise agreement to lease property for the tower, which will provide services for AT&T cell phone transmissions and other providers. Ald. Wendy Ottersburg said the company revised its plan to add 20 feet to the tower’s height to expand its range.

Water Plant Operator Dave Pickett said he is eager for the tower to be completed as it will allow the Water Department to implement a computer program enabling the Department to control water flow from the pumping station to the Water Plant without having to physically travel to the pumping station.

“It will be a huge savings for us,” Pickett said.

AUDIT ACCEPTANCE

Upon Fisher’s recommendation, the council voted unanimously to accept the city’s official audit. In a departure from past practice, no representative of the auditing firm appeared before the council to present the audit findings. Fisher said the audit showed the city to “be in the black” but did not mention whether or not the auditor made any other findings.

COUNCIL RADIOS

Mayor John Hicks reported that two-way radios previously issued to city council members are unaccounted for and asked aldermen who might still have a radio to return them to City Hall. He said the radios were issued to aid with communications in the event of an emergency.

“Somewhere along the line, some of them disappeared,” he said.

SNOW REMOVAL

Ald. Bob Fritz, answering criticisms voiced on social media, clarified that the city does not have responsibility for removing snow on sidewalks. He said people were upset because city workers did not remove snow on sidewalks in the area of CUSD 7 schools.

“Those are not our responsibility,” Ald. Rauzi noted.

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Ald. Landon Pettit said that when he worked for the city, city workers were advised by the city’s insurance provider to leave sidewalks alone. 

“The insurance company told us not to do that,” he said. “Once we clean them off, any liability for them is on us.”

CEJA MEETING

Fisher told the council he plans to meet with CEJA grant partners at 6 p.m. Thursday at City Hall to discuss CEJA expenditures and closing out the grant. The federal Climate and Equitable Jobs Act grant of $1.1 million was awarded last summer. The City of Gillespie retained $70,248.57 with the remainder allotted to various local units of government, including: Village of East Gillespie, $51,654.72; City of Benld, $58,721.50; Village of Eagarville, $50,684.28; City of Staunton, $80,929.61; Gillespie Public Library, $70,248.57; Benld Public Library, $58,721.50; Gillespie Township, $73,458.48; Cahokia Township, $69,004.42; Community Unit School District 7, $98,167.33; North Mac CUSD 34, $98,584.12; Gillespie-Benld Ambulance Service, $133,202.60; Village of Royal Lakes, $51,038.87; City of Bunker Hill, $60,102.51; Village of Mount Clare, $51,878.67; and Brushy Mound Township, $53,919.08.

The Climate and Equitable Jobs Act is a federal program to mitigate against economic conditions that result as the nation moves away from fossil fuels to embrace renewable, “green” energy sources. The local grant award is related to job losses resulting from the idling of Shay Mine No. 1, formerly Monterey Mine No., 1. Each entity was awarded $50,000 plus additional funds based on “job loss” and “revenue loss” factors.

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Court News

Macoupin County Courthouse News

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Cases filed during December 29 through January 4. Visit the “Court News” category under the “Community News” tab for other editions.

FELONIES

Ronald R. Arnold, 35 of Gillespie, is charged with aggravated battery in a public place in connection with a December 28 incident.

Kenneth E. Ray, 39 of Bethalto, is charged with aggravated fleeing while involving the disobedience of two or more official traffic control devices, fleeing/attempting to elude officers, speeding 25-34 mph over the limit, and driver’s license expired more than a year in connection with a December 19 incident.

Jacklyn M. Wichman, 30 of Decatur, is charged with possession of methamphetamines (< 5 grams) in connection with a December 30 incident.

MISDEMEANORS

Levi R. Ladendorf, 31 of Staunton, is charged with battery/causing bodily harm in connection with a July 17, 2023 incident.

Demian E. Ellis, 46 of Benld, is charged with battery/making physical contact in connection with a December 30 incident.

Steven D. Lewis, 33 of Virden, is charged with two counts of violation of a protection order in connection with a December 30 incident.

TRAFFIC

Jason A. Keffer , 28 of Standard City, is charged with canceled/revoked/suspended registration in connection with a December 23 incident.

Daniel R. Gooding, 36 of Carlinville, is charged with driving on a suspended license and operating an uninsured motor vehicle in connection with a December 28 incident.

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Douglas D. Davis, 27 of Benld, is charged with driving on a revoked license, operating an uninsured motor vehicle and expired registration in connection with a December 26 incident.

Brandon E. Swarringin, 26 of Carlinville, is charged with driving on a suspended license in connection with a December 21 incident.

DISSOLUTION OF MARRIAGE FILED

  • Terry L. Lumma versus Robert L. Lumma

MARRIAGE LICENSES

  • Pietro Lentini of Carlinville and Anna Jean Triplett of Greenfield
  • Morgan Barber and Emilee Bridgwater, both of Benld

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Summer Repertory Theatre at Blackburn presents Ripcord on Jan. 17-19

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Summer Repertory at Carlinville is pleased to announce the return of a comedy play to the stage. Performances of Ripcord will be held January 17 and 18th at 7:30 PM and January 19 at 2 PM at Blackburn College Bothwell Auditorium.      

Ripcord, by David Lindsay-Abaire, is based in the Bristol Place Senior Living Facility. The rivalry of odd couple roommates Abby and Marilyn, results in high stakes comedy of conflict for control of territory.

Cindy Rice and Joe Hardy bring their combined experience directing the small cast of seasoned actors.

Rice, who has directed place and musicals In Illinois and Texas, spent 15 years co-directing musicals at North Green high school.

Hardy, who began acting at age 7 with notable roles in Summer Repertory Theatre’s Shrek The Musical, The Little Mermaid , and  Suessical, has also performed at several Springfield, Illinois, theaters. He has a BA in Theatre Performance from SIUE.

Tickets for Ripcord may be purchased at the door only. Ripcord is rated PG-13. For more information, see Summer Repertory Theatre at Blackburn College Facebook page. 

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