Community News
Benld Council eyes zoning ordinance amendment to define agricultural use
Members of the Benld City Council on agreed to spend $319,000 for continuing work on the Benld Family Sports Park and voted to temporarily extend the city’s contract with the City of Gillespie for police protection while the two municipalities continue negotiations to renew the agreement, but it was horses and zoning that dominated the discussion during the council’s regular monthly meeting Monday night.
Appearing before the council as a visitor, Jennifer Zippay, 304 North Eighth Street, voiced concerns about a neighbors plans to board up to three horses on a neighboring lot zoned for agricultural use. Zippay said the property owner plans to fence the lot and build a stabling structure at the rear of the lot. The lot has been zoned for agricultural use since the city approved its zoning ordinance in 2016 and the parcel has been cropped for many years. Zippay said it never occurred to her or her neighbors that “agriculture” could also mean “livestock.”
“What is ‘agriculture’?” she asked. “To me there’s a difference between crops and horses or pigs.” Her concern she said is that the zoning ordinance does not define what animals are allowable, nor does it limit the number of animals the owner of an agricultural property can keep.
“I’m not in disagreement with you,” Mayor Jim Kelly told Zippay. “We should have a limit on the number of animals.”
The lot reportedly comprises about 220,000 square, prompting Zippay to question how many animals the property could accommodate.
“It’s well within the council’s prerogative to limit the number of animals allowed,” City Attorney Rick Verticchio advised, “but we can’t do something about something that hasn’t happened yet.” Without provisions in the zoning ordinance regarding the types and numbers of farm animals allowed, Verticchio said the city’s only option would be to pursue a public nuisance action if the animals become a nuisance.
“How many are too many?” Verticchio asked rhetorically. “Two hundred and forty seven pigs would be too many, but one goat is probably okay. The maximum number is somewhere in between.”
Responding to a question from Ald. John Balzraine, Verticchio said there is no way to preclude the property owner from implementing his plans other than to approve a zoning ordinance amendment before the individual starts to build stabling structure or fencing. The property owner reportedly has not applied for building permits to build on the property or erect a fence. Kelly told Zippay that any fencing would have to comply with the city’s fencing code.
“The council could do something now,” Verticchio said. “Someone could make a motion. Otherwise it would have to be a nuisance.”
Ald. Dustin Fletcher noted the property owner “did the right thing” by approaching the city to familiarize himself with the zoning provisions before making plans to board horses on the property. “I have to give him credit for that,” Fletcher said.
Balzraine later suggested amending the zoning ordinance to define “agriculture” as cropland only. “I wouldn’t want to smell horse poop either,” he told Zippay.
Verticchio said he could prepare the amendment for action within 10 days. “If you want to call a special meeting to approve it, you can.”
“We’ll get this rolling,” Kelly assured Zippay.
POLICE PROTECTION CONTRACT
On a motion by Ald. Mickey Robinson, seconded by Fletcher, the council voted unanimously to extend the city’s police protection contract with the City of Gillespie for 90 days while the two municipalities continue negotiations for a new contract. For the three months, the city will continue to pay the current $20,000 monthly fee for police protection.
Verticchio said the current police protection contract is set to expire April 30. Depending upon negotiations, the new rate could be charged retroactively or commence upon approval of the contract by both parties, according to Verticchio.
Verticchio said the contract can be terminated by giving 30 day’s notice to the City of Gillespie.
OFFICERS AND ALDERMEN SEATED
Before considering new business, the council paused to swear-in newly elected and re-elected officers and aldermen. Verticchio administered the oath of office, using a Bible belonging to his mother “who died 29 years ago today,” he said.
Kelly was sworn-in to begin his third term as Mayor, along with incumbent City Treasurer Cindy Crites and incumbent City Clerk Terri Koyne, both of whom were elected to their third terms.
Verticchio also administered oaths to incumbent Ward 1 Ald. Balzraine, re-elected April 1 to his third term; Ward 2 Ald. Mickey Robinson, currently the longest-serving member of the council, becoming an alderman in 1991; and newly elected Ward 3 Ald. Brant McFarland, who replaces two-term Ald. Lance Cooper, who chose to not seek re-election.
Immediately after being seated, Mayor Kelly thanked Cooper for his “time and dedication to the city.”
“You did a good job,” Kelly said.
On a motion by Balzraine, seconded by Ald. Jerry Saracco, the council ratified Kelly’s new committee appointments as follows:
- CITY PROPERTY: Balzraine (chair), Fletcher, McFarland, Robinson, Saracco.
- HOUSING; Ald. Norm Emmons (chair), Saracco, Robinson, McFarland, Balzraine.
- ORDINANCE/JUDICIAL: Robinson (chair), Emmons, Saracco, Fletcher, Balzraine.
- FINANCE: Saracco (chair), Emmons, Balzraine, Fletcher, McFarland, and City Clerk Koyne as an advisory co-chair.
- POLICE: McFarland (chair), Fletcher, Robinson, Saracco, Emmons.
- PROPRIETARY: Fletcher (chair), Balzraine, Robinson, Emmons, McFarland.
The Mayor’s appointments run for two years and include Verticchio as City Attorney, Balzraine as Mayor Pro-Tem, and Robinson, Fletcher and Jack Burns as members of a Police Liaison Committee.
SPORTS PARK EXPENDITURES
With Ald. Saracco casting the only “no” vote, the council approved expenditures of $319,244.89 for work completed on the new Benld Family Sports Complex, located on the former site of Benld Elementary School. Community Unit School District 7 deeded the property to the of Benld several years after a mine subsidence event destroyed the school. The city secured a $600,000 Open Spaces Land Acquisition and Development grant through the Illinois Department of Natural Resources last year to underwrite developing the parcel as a park. Once completed, the Benld Sports Association will take over operation and maintenance of the facility.
Monday night’s action authorized payment of $132,305 to Hayes Contractor, the project’s general contractor; $88,342.40 to DeLaurent Construction, Wilsonville, for paving a basketball court and walking path; and $98,597.49 to HHH Construction for construction of a pavilion and dugouts, and installation of basketball equipment, scoreboards and goal posts.
To finish the grant, the city estimates another $25,000 in expenditures, including $19,100 for concrete to dugouts and the pavilion, and $6,000 for accounting/audit fees
MFT BID
The council unanimously approved a bid of $32,818 from Illini Road Oil, LLC, Moro, to supply road oil for the city’s annual motor fuel tax street maintenance program. Illini Road Oil offered the lowest of three bids to supply 12,200 gallons of road oil at a cost of $2.69 per gallon. Other bidders were Macoupin County Asphalt, Inc., Carlinville, and Evergreen Roadworks, Urbana.
PARKING LOT BID
Council members accepted a bid of $5,342 from DeLaurent Construction to repave parking areas at the back and on the east side of the newly opened Benld City Hall, formerly First National Bank.
PROPERTY BID
Council members unanimously accepted a bid of $1,000 from Don Pratt for a surplus parcel at 205 South Seventh, provided Pratt demolishes and removes an existing nuisance structure within 120 days. Answering a question from the council, Verticchio said the council could extend the 120-day deadline in the event of extenuating circumstances. Otherwise, the property could revert to the city if the deadline is not met.
Pratt’s lives next door to the property and was the only bidder.
FOIA REQUEST
Monte Oberman, who has a small claims action pending against the city, appeared before the council, complaining that a flash drive he received in response to a Freedom of Information Act request could not be opened. Oberman said he asked for minutes from last month’s meeting of the council during which he also appeared to address the council. Since the flash drive was defective, he asked for written minutes of the meeting.
City Clerk Koyne said she could provide Oberman with a copy of the minutes since the minutes were approved by the council earlier Monday evening.
Verticchio told Oberman that future requests for information should be directed to him since Oberman is a litigant against the city.
“One of the grounds for denying a FOIA request is if the requestor is involved in litigation against the city,” Verticchio said. “I’m not criticizing the way you asked for information, I’m just saying you may not have been doing it the right way. The proper procedure would be for you to contact the city attorney and then I have to give it to you.”
In response, Oberman handed his written request to Verticchio and noted he also is asking for all other written communication about his case.
Property owned by Oberman is the subject of a public nuisance action initiated by Verticchio on behalf of the city. Vertichio told Oberman last week that the city’s nuisance complaint will be dropped after Oberman’s small claims case is adjudicated.
A bench trial set for April 4 was rescheduled for June 19 on a motion by Oberman late last month.
ITALIAN CLUB RECOGNITION
Balzraine publicly thanked the Benld Italian Club for paying for electrical work at the food stand in Benld City Park at a cost of $1,080.
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Community News
UMWA President Cecil Roberts to Speak at Spirit of Mother Jones Festival in Cork, Ireland
The Spirit of Mother Jones Festival, an annual celebration honoring the legendary labor organizer Mother Jones, will host a historic event this year as UMWA President Cecil Roberts becomes the first American labor leader to address the festival. The event will take place on July 25 at 4 PM local time, with Roberts speaking via live internet broadcast from inside the Firkin Crane in the historic Shandon District of Cork.
Founded in 2011, the Spirit of Mother Jones Festival has traditionally invited European labor and community leaders to share stories of activism and advocacy. This year, however, the festival committee proudly extends an invitation to President Roberts, recognizing his leadership in the labor movement and his personal ties to Mother Jones’ legacy.
Ger O’Mahony, speaking on behalf of the festival committee, expressed his enthusiasm: “The United Mine Workers of America gave Mother Jones her role as a union organizer in the late 1890s, empowering her to organize miners across the United States. Today, President Cecil Roberts continues this proud tradition. It is an honor to welcome him to the festival.”
Adding a personal touch, O’Mahony also highlighted Roberts’ family history: “President Roberts’ great-grandmother, Mother Blizzard, was a trusted friend of Mother Jones during strikes in West Virginia aimed at securing union recognition and fair wages for miners. This connection offers a living link to Mother Jones herself and her enduring fight for workers’ rights.”
Cork’s Lord Mayor, Cllr. Fergus Dennehy, described the festival as a “festival of courage,” emphasizing its significance beyond commemoration. “We are not just celebrating history,” he said. “We aim to rekindle the flame of activism that Mother Jones ignited over a century ago — a fire that still burns in every worker fighting for fair wages and in every child dreaming of a future free from exploitation.”
The Spirit of Mother Jones Festival runs from July 24 to 26, bringing together activists, union members, and community advocates from around the world to honor the enduring spirit of social justice.
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A public comment from the CEO of the Gillespie-Benld Area Ambulance Service led to a larger discussion during Tuesday night’s meeting of the Macoupin County Board about delays in collecting property taxes and paying disbursements to local taxing bodies. Ultimately, the board referred the issue to committee after spending several minutes discussing the matter.
Josh Ross, CEO of the Gillespie-Benld Area Ambulance Service, told the board his agency and other local taxing bodies have suffered as a result of delays in receiving their share of property tax revenue.
“There has developed, over a couple of years, a troubling pattern of poor communication, a lack of transparency, and at the very least an outward appearance of inefficiency and an apparent lack of urgency when it comes to the collection and distribution of property taxes,” Ross said, reading from a prepared statement.
He said he reached out the the County Treasurer’s Office and several county board members about the issue but received no satisfactory explanation for the delays.
Ross said state statute requires the county to make disbursements to local taxing bodies within 30 days of the due date. For 2023 taxes payable in 2024, the ambulance service received its first distribution on Aug.19, 2024. A second payment due on Sept. 27, 2024, did not arrive until Feb. 27, 2025. A final distribution for interest arrived on June 17, 2025—303 days after the first disbursement and after the state of the agency’s fiscal year.
Ross said he’s been told to expect similar delays this year in regard to 2024 taxes payable in 2025. Macoupin County tax bills have not gone out this year while Sangamon County sent its bills in April with the initial due date set for June 6. Macoupin County residents are expected to receive tax bills in August, with a first installment due date of Sept. 19 and the second installment due on Oct. 31—just 39 days before the county is required to set levies for the 2025 tax year.
Ross said the delays negatively impact local taxing bodies, including fire protection districts and other agencies that provide critical services. Moreover, since COVID recovery funds are no longer available to cushion the impact, some agencies are forced to dip into interest-bearing reserves to meet their obligations.
“The unpredictability and inconsistency we have been experiencing for these last several years have made budgeting for six months, let alone a full fiscal year, nearly impossible,” Ross said.
Acknowledging that tax collection and distribution are the responsibility of independent county officers, he asked that the board exercise oversight to get to the root of the problems and offer a solution.
“Is what he’s saying true?” Board Member Holly Klausing asked. “Are we out of compliance?”
County Treasurer Amber McGartland told the board delays in disbursing 2023 tax funds in 2024 resulted from faulty software that forced her office to hand process distribution of tax funds. She said the software has since been replaced, which should result in more timely processing. She noted, however, that she can only send out tax bills after the County Clerk provides her with the amount of tax due for each taxable parcel. The clerk’s office is responsible for finalizing the levy for each taxing body and the county, and applying that levy to the current equalized assessed valuation for each and every parcel in the county. She said tax bills are expected to go out “no later than August. 19,” with a first installment due on Sept. 19. Final disbursement to local taxing bodies will occur after the county tax sale, which is set for Jan. 12, 2026.
The County Clerk said his office can be hamstrung by delayed reporting from the Supervisor of Assessments to confirm the equalized assessed valuation for each taxable property.
John Bresnan, Supervisor of Assessments, said he can only submit his report to the County Clerk after local assessors provide him with updated assessments.
“The last couple of years there have been difficulties with the tax system,” Bresnan said. “We expect things to be a lot better going forward but it take time.”
Further exacerbating the issue is a dearth of county assessors. Bresnan said it’s difficult to find people willing to do local assessments. As a result some assessor positions in the county are vacant. “When you have two assessors doing 20 townships, that’s not a good situation,” he said. Filling assessor spots is a statewide problem, he said. “In my opinion, it’s at a crisis level now.”
“Are we expecting 2026 to be back to being in line with other counties?” Klausing asked.
“We expect things to go forward better now that we’ve converted to a new system,” Bresnan said, reiterating that much depends on how quickly a handful of assessor can complete their assessments.
In answer to another question, County Clerk Pete Duncan said accountants hired by the county to audit county accounts are four years behind on auditing the county’s tax collection and distribution.
“Someday, I’m going to come in with a very larger bill (for four years of audits) that we have to pay,” he said.
Board Chair Larry Schmidt cut the conversation off, adding that the issue should be further investigated at the committee level.
BUDGETARY BELT TIGHTENING
Duncan presented an extremely tentative budget, noting that it is subject to change as the board continues to wrestle with balancing expenditures with anticipated revenues. Currently projected revenue is $10,335,742, which is up $251,000 from last fiscal year. If the board approved all department requests as submitted, the budget would be $204,746 in the red.
The tentative budget anticipates $10,318,790 in expenditures, leaving a tight surplus of $16,952. The expenditure projection was reached by basically eliminating department requests that were not related to salary increases and reducing the Capital Outlay budget from $250,000 to $175,000.
“I put this proposal together to show you that after adding just the salary requested, there is basically no room for additional funding for the other requests, Duncan said. He said he has already asked the county’s newly hired Grant Manager to look into potential grants to fund some of those non-salary department requests.
Duncan also told the board that final budget numbers are due to him by Aug. 5 in order for him to update the budget and have it ready for approval at the board’s Aug. 12 meeting.
“If we don’t meet that timeline, some people aren’t going to get paid,” he said.
Duncan added that the board might be able to accommodate requests from the Sheriff’s Department by “sweeping” some unspent line items and further reducing Capital Outlay expenditures allow for the purchase of two vehicles for the Sheriff’s Department and begin setting aside money for a $500,000 upgrade to the jail’s door system. Reducing the Capital Outlay Budget, Duncan warned, could leave the county unable to pay for unexpected expenditures related to county buildings.
HIGHWAY DEPARTMENT
The board took several actions involving the County Highway Department, including approval of a resolution giving power to act on bids for improvements to Staunton-Bunker Hill Road. County Engineer Tom Reinhart said having the power to act would allow work to start as soon as possible after the bid letting on Wednesday.
The board unanimously approved a three-year contract with non-union workers employed by the Highway Department calling for an 8.5 percent increase in the first year, and increases of four percent in the second and third years. Reinhart said the contract will bring non-union salaries in line with union wages.
Three 50/50 petitions were approved obligating the county to subsidize half of the cost of culvert replacements in Barr, Bird and South Palmyra townships. The county will pay half of the $6,000 cost of replacing a culvert in Barr Township, half of the $7,000 cost to replace a culvert in Bird Township, and half of the $7,500 cost of replacing a culvert in South Palmyra Township.
GRANT MANAGER
The board was briefly introduced to newly hired Grant Manager Joseph Amazuwa Chirwa. Chirwa said he has many years of experience with writing grants. “It’s what I do,” he said.
He said he will need the support and involvement of the board and county office holders to clarify the specific need for various grants to improve the chances of securing a grant award.
“He started work on day one,” said Klausing, Economic Development chair. “I’m really excited to see what he can do for the county.”
In a related matter, the board approved a resolution to increase the Community Development budget by $15,000 to defray a portion of Chirwa’s salary.
OTHER ACTION
In other action, the board:
- Approved bidding specifications to seek a new contract to provide health insurance for county employees.
- Authorized the State’s Attorney’s office to participate in a 40-county consortium to hire additional special attorneys to defend against lawsuits resulting from a 2023 Supreme Court decision regarding the sale of delinquent properties.
- Approved increasing in the County Sheriff’s salary to $176,460.50 and the Public Defender’s salary to $197,393. Duncan said approval was necessary for the county to be eligible for partial state reimbursement for the Sheriff and Public Defender’s Salaries.
- Approved a plan recommended by the county’s auditors to all payments and disbursements for various county offices and agencies through the county’s centralized computer accounting system, which will enable the County Treasurer to reconcile all county accounts in lieu of having those accounts managed by individual offices.
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The Public Access of the Illinois Attorney General’s Office has determined the Macoupin County Board technically violated the state’s Open Meetings Act on March 26 when Board Chair Larry Schmidt used a text message to solicit the opinions from 15 of the board’s 18 members about whether or not he should step down from the chairmanship.
In a letter dated July 2 to the County Board and Chelsa Pruden, Staunton, who filed the initial OMA complaint, Matthew Goodman of the Public Access Bureau confirmed the board violated the OMA but does not assess any penalty or punitive action. The Attorney General’s determination, however, does require the board to publicly disclose a verbatim copy of the text messages exchanged by some of the board members and Schmidt on March 26.
Those texts were made public during a meeting of the Macoupin County Board this week.
At issue was whether or not the text messaging represented “contemporaneous interactive communication” among a majority of a quorum.
While court cases nor legislation has legally defined what constitutes “contemporaneous” communication, Macoupin County State’s Attorney Jordan Garrison told the board his assessment was that the Public Assess Bureau used one hour as a standard for defining “contemporaneous.”
“If the messages had been spread over two hours or over several days, it probably would not have been a violation,” Garrison said.
In his letter to the board, Goodman states that Schmidt sent his original text at 5:03 p.m. Only seven of the 15 members Schmidt contacted responded, with replies coming between 5:05 and 5:58 p.m.
During the board’s Tuesday night meeting, the text of the conversation between Schmidt and board members was made public as follows:
Larry Schmidt (5:03 PM): As most of you know I caused quite the controversy with a personal statement I made on facebook. I was referring to Anheiser Busch not funding the Gay Pride Parade this year in which I was in agreement. I chose poorly on my words and it sounded worse than intended. They tied it in with me being county board chairman. I am truly sorry and regretful this happened. I am willing to suffer the consequences. Here are the options…
Let it ride and see what happens
Resign as chairman and stay as district 5 as a member
Resign from the board all together.
I am so sorry for getting you into this mess. Let me know your thoughts. I am not homophobic in anyway and I do not let personal beliefs interfere with my official duties on any job I have had. Let me know your thoughts.
Kristi Dunnagan (5:05 p.m.): Agree!
James lbberson (5:07 p.m.): Let it ride, Larry.
Aaron Stayton (5:07 p.m.): Let it ride. It will settle down.
Bernard Kiel (5:12 p.m.): Let ride in my eyes you’re a very good chairman.
Leann Barr (5:14 p.m.): I do not know the comment, but sounds like it was taken out of context and you reiterated you do not let personal beliefs interfere with official duties. You have your answer. Do not resign and let it ride.
John Trevino (5:19 p.m.): Same Larry, let it ride you have my support.
Robert Wiggins (5:55 p.m.): Hey we made it thru the “cat season” with just a scratch. We’ll get thru this. People need to lighten up. You’re doing great. (Dunnagan responded to this message with “Haha.”)
Todd Armour (5:58 p.m.): A little grace goes a long way. Larry gave me grace, I’m giving it back!
The controversy stemmed from a comment posted on the KMOV Facebook page in regard to Anneheuser Busch withdrawing its support of the St. Louis Pride Parade. “You can be queer, but you don’t need to march in the streets to show off your disability,” Schmidt posted. LGBTQ+ advocates claimed the comment was part of a pattern of anti-gay/trans rhetoric previously posted by Schmidt. During the April meeting, Schmidt apologized for the comment and said he had deleted the post.
Upward of 100 protestors appeared before the April meeting. Those protests have continued every Tuesday since that time, though the focus has shifted to anti-MAGA sentiments.
During the April meeting, John Blank and Holly Klausing both condemned Schmidt’s remarks. Notably, Ryan Kilduff noted he was not contacted by Schmidt and alleged the text messaging did, indeed, constitute an illegal meeting of a quorum.
Pruden filed her complaint shortly after the April meeting. The board retained attorney Peter C. Drummond to respond to the complaint to avoid potential conflicts of interest with the Macoupin County State’s Attorney’s office. Drummond argued that the text messaging did not constitute a “meeting,” and since no legislative action was taken, there was no remedy if the Attorney General found a violation.
In an unusual move, Schmidt also filed a response to the complaint even though the complaint cited the board, not Schmidt individually.
