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Gillespie Council hears drainage complaint, accepts Dively resignation

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Ray Litzau presented an extensive presentation alleging that raising the level of an alleyway next to his property at 311 Adams Street has altered the natural flow of storm water, causing his property to flood.

Ray Litzau presented an extensive presentation alleging that raising the level of an alleyway next to his property at 311 Adams Street has altered the natural flow of storm water, causing his property to flood.

With Ald. Dave Tucker acting as Mayor Pro-Tem in the absence of Mayor John Hicks, the Gillespie City Council on Tuesday night heard a complaint from a city property-owner regarding the possible diversion of storm water onto his property and accepted the resignation of Ward 3 Ald. Roger Dively. The meeting was moved to Tuesday night because of the Columbus Day holiday on Monday.

[pullquote]The resignation is effective immediately.[/pullquote]Dively was first elected to the council in 2011 and was re-elected to a second term last year. A deputy with the Macoupin County Sheriff’s Department, Dively became the focus of criticism in recent months because of his inability to attend regular meetings of the council. Last December, he cast the sole negative vote against the 2016 meeting schedule, noting that his work schedule would prevent him from attending most meetings. In August, the council unanimously approved Ald. Steve Kluthe’s request to replace Dively on the council’s Emergency Services and Disaster Administration Committee with newly appointed Ald. Colin Mussatto.

Dively’s job commitments and personal commitments preclude him from fulfilling his obligations to “the city and citizens of this great community,” Dively said in his letter of resignation. “It has been an honor to serve the City of Gillespie for the years I have been able to.”

The resignation is effective immediately.

DRAINAGE ISSUE

Council members agreed to run a preliminary survey to determine the natural grade of the land after Ray Litzau presented an extensive presentation alleging that raising the level of an alleyway next to his property at 311 Adams Street has altered the natural flow of storm water, causing his property to flood. Using maps and photos, Litzau claimed there was a small puddle of water infested with mosquito larvae when he purchased the property, which he drained as part of the process of improving the property. He also said he used a shovel to restore what he identified as a natural swale across the alley to drain water to the south toward Bear Creek.

Sometime after that, he claimed, neighbors Ed and Tina Whitfield raised the level of the alley with construction debris purportedly to keep water from draining onto their property and flooding a patio that he said is “below grade” on the Whitfield property. Litzau said that after he complained to Ald. Jerry Dolliger, the city responded by installing another layer of rock on the alley, further exacerbating the problem.

During a heavy rain, Litzau said, his property flooded resulting in a virtual “waterfall” into his basement. Likewise, the property of another neighbor, Linda Orr in the 200 block of East Elm, was flooded even though it had not flooded in the past.

[pullquote]You cannot redirect the natural flow of water. It’s illegal. We have four buildings, possibly five, that are getting wet because of a patio that is built incorrectly.[/pullquote]”That water is flowing north,” Litzau said. “You cannot redirect the natural flow of water. It’s illegal. We have four buildings, possibly five, that are getting wet because of a patio that is built incorrectly.”

Litzau identified himself as a landscape architect who was involved with the construction of the St. Louis Amphitheater among other high profile projects.

“I want it to go back to the original grade,” he said. “You can’t just bury your neighbors for a patio.”

Apart from the flooding issues, Litzau said he worried about the possibility of disease-bearing mosquitos breeding in standing water resulting from the diverted flow.

“My wife and I lost a four-year-old daughter to a viral infection in 22 hours,” he said. “I’m not going to allow another family to go through that.”

Litzau presented the council with four demands:

  • Immediate removal of all “illegally placed material” and establishment of a four-foot swale with a two-percent grade across the alley.
  • Removal of an excessive crown on Adams Street so it doesn’t impede the flow of water where the alley meets the street.
  • Removal of eight inches of “illegally placed debris” that has accumulated over the past 17 years, restoring the grade to six inches below the top of the concrete floor pad at 311 Adams Street, and installing two inches of new rock to repair the alley surface.
  • Permission for Litzau and his wife to install a sidewalk, three and one-half feet wide with an attached trough, across the alley at their own expense.

Litzau said he was keeping his options open if the demands are not met.

[pullquote]If it’s not fixed, someone is going to get sued[/pullquote]”If it’s not fixed, someone is going to get sued,” he said. “The city is my neighbor. It’s the city’s responsibility to recede the water from my property.”

Tina Whitfield also appeared before the council and disputed Litzau’s claim that the Whitfield’s patio is improperly constructed below grade. She alleged that Litzau dug a “ditch” across the alley in September and she and her husband placed concrete construction debris in the alley to fill the ditch.

“That is a public access,” she said. “We put the rock back in because people were tearing up their cars You can’t have a ditch in the middle of an alley.”

City Attorney Kevin Polo said the city would be unable to resolve the issue without first surveying the area to determine the natural grade.

“That’s the key issue,” he said. “We need to get a surveyor out there to determine the natural grade.”

“We can’t do anything until we get a crew out there with a transect,” said Ald. Tucker.

City Treasurer Dan Fisher, who also works as an engineer, said he could be at the location after 10:30 a.m. Wednesday with a transect to investigate the area.

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LAKE TRUCK & LAKE EMPLOYEE

On a motion by Kluthe, seconded by Ald. Frank Barrett, the council voted unanimously to approve the purchase of an F-250 Ford pick-up truck for the Lake Department at a cost of about $25,000. Later in the meeting, the council amended the action to give Mayor John Hicks power to act on determining whether or not to finance the purchase or purchase the truck outright.

Last month, the council agreed that lake employees could use a surplus truck at the Water Department for tasks at the lake while waiting to buy a new truck, but Kluthe said that system had proven unwieldy.

“They say they need that truck, so our lake employees have to run into town and get the truck when they need it and take it back when they’re done with it,” Kluthe said. “It’s not a good system. We need to move ahead on this.”

A truck formerly used by lake personnel has been deemed unsafe to drive, according to Kluthe. In addition, he worried about the city’s liability for covering lake employees driving their personal vehicles back and forth between the lake and Water Plant when they are on city business.

Fisher said the city appropriated $35,000 for new equipment purchases for the lake this fiscal year and the truck purchase will largely deplete that appropriation. Kluthe said the only other equipment purchase he anticipates is a new brush hog and that purchase can be deferred until the start of the next fiscal year.

Also on a motion by Kluthe, the council agreed to promote Gary Thornhill from a part-time to full-time employee at a wage of $13.08 per hour.

“We’ve developed a list of duties that will keep him busy for 40 hours a week,” Kluthe said. “Making him full-time would be beneficial to getting everything back on track at the lake. I know there are some people on the council who don’t think this should be a full-time job but believe me, there’s enough work out there. We are making good progress.”

In addition to his lake duties, Thornhill will be able to assist with meter reading and other duties that do not conflict with union contracts.

TRICK-OR-TREAT HOURS

By a vote of 3-2, the council approved Trick-or-Treating hours from 6-8 p.m., Sunday, Oct. 30, and Monday, Oct. 31. Ald. Jim Alderson voted against the measure, saying he favored Saturday and Sunday nights to avoid a school night, and Ald. Kluthe voted “no,” saying he favored one night of trick-or-treating only.

INSURANCE

Following a 25-minute executive session, the council appointed a committee consisting of Polo, and Ald. Tucker and Kluthe, to negotiate with the Laborers Union in regard to switching health insurance policies as of Jan. 1. Polo said the city is opting to switch insurance carriers and that Blue Cross-Blue Shield is offering about 15 different plans to consider.

“We can have up to five plans as long as they are all Blue Cross-Blue Shield,” he said.

He said Benefits Planning Consultants, the firm the city uses to coordinate benefits, will charge a one-time fee of $250 to change plans. Benefits Planning Consultants recommended delaying the switch until Jan. 1 to avoid conflicts with annual out-of-pocket expenses.

The committee was given power to act in selecting plans based upon its negotiations with union representatives.

OTHER ACTION

In other action, the council:

  • approved the expenditure of about $550 for the purchase of a new radar gun for the Police Department.
  • agreed to transfer a lake lot lease for Lot 311 on the New Lake to Andrea Williamson.
  • accepted a bid of $467.50 to replace gutters on a garage at Gillespie Lake.
  • approved expenditure of up to $500 for four doors and one ceiling fan and light to be installed in the new Police Station on Pine Street.
  • set Sunday, Dec. 4, as the date for the annual city-sponsored senior citizens Christmas dinner.
  • approved a resolution making the Water Department Superintendent and Lake Supervisor positions hourly positions instead of salaried positions, bringing the city’s wage ordinance into compliance with new Federal Department of Labor rules that require positions earning less than $47,500 per year to be paid hourly and making the city liable for overtime pay.

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Court News

Macoupin County Courthouse News

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Cases filed during November 23 through November 29. Visit the “Court News” category under the “Community News” tab for other editions.
Cases filed during November 23 through November 29. Visit the “Court News” category under the “Community News” tab for other editions.

FELONIES

Austin C. Drake, 30 of Girard, is charged with theft/unauthorized control (>$500<$10k) and bad checks/obtaining control of property in connection with a September 22 and an October 7 incident.

William C. Cooper, 41 of Gillespie, is charged with burglary in connection with a November 1 incident.

Joseph L. Schnurr, 63 of De Soto, Mo, is charged with aggravated fleeing in connection with a November 26 incident.

Derek J. Bultema, 40 of Gillespie, is charged with possession of methamphetamine in connection with a November 26 incident.

Brandon A. Martin, 26 of Wood River, is charged with aiding/abetting/possession/selling a stolen vehicle and aggravated fleeing in connection with a November 26 incident.

MISDEMEANORS

Richard J. Williams, 44 of Staunton, is charged with criminal trespass to a vehicle in connection with a November 14 incident.

Ryne L. Manion, 41 of Mt. Olive, is charged with criminal trespass to a building in connection with a November 20 incident.

TRAFFIC

Terence L. Binion, 51 of University City, MO, is charged with driving on a revoked license in connection with a November 22 incident.

Andrew J. Goewey, 34 of Sawyerville, is charged with driving on a revoked license and driving 21-25 mph above the limit in connection with a November 22 incident.

Teresa J. Niewiadomski, 47 of Bethalto, is charged with driving on a suspended license, expired registration, and operating an uninsured motor vehicle in connection with a November 19 incident.

Keona D. Roos, 22 of Freeburg, is charged with driving on a suspended license, improper use of registration/title, operating an uninsured motor vehicle, and no valid registration in connection with a November 21 incident.

Zachary A. Johnston, 44 of Gillespie, is charged with driving on a revoked license in connection with a November 23 incident.

Alexis R. Spann, 32 of Auburn, is charged with driving on a suspended license in connection with a November 19 incident.

Alicia N. Tamosaitis, 29 of Girard, is charged with driving on a revoked license in connection with a November 19 incident.

Justin A. Collins, 37 of Gillespie, is charged with driving on a revoked license in connection with a November 20 incident.

DISSOLUTION OF MARRIAGE FILED

  • Allan L. Petit versus Teresa M. Pettit

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Police News

Gillespie Police Report November 23– November 29, 2025

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SUNDAY, NOVEMBER 23, 2025

An officer was dispatched to the 600 block of West Wilson Street in reference to a domestic battery. Ashley A. Esmon, 39 of Staunton, was arrested for domestic battery. 

An officer initiated a traffic stop at Springfield Road and Calcari Street in East Gillespie. Angel L. Bricker, 22 of East Alton, was cited for operating an uninsured vehicle and driving while registration was suspended.

An officer was dispatched to Spruce Street and Laura Street in reference to a noise complaint.

An officer was dispatched to the 300 block of East Elm Street in reference to suspicious activity.

An officer was dispatched to the 400 block of East Elm Street in reference to an animal complaint.

An officer was dispatched to the 600 block of Charles Street in reference to a 911 call.

An officer initiated a traffic stop at Macoupin Street and Elm Street. Zachary A. Johnston, 44 of Gillespie, was issued a citation for driving while license was revoked.

An officer was dispatched to the 100 block of East Chestnut Street in reference to suspicious activity.

An officer was dispatched to a business in the 400 block of East Central in Benld in reference to suspicious activity.

MONDAY, NOVEMBER 24, 2025

An officer was dispatched to the 500 block of Cloud Street in reference to a domestic dispute. Steven O. Smith, 36 of Chicago, was arrested on a warrant out of Chicago on a weapons charge.

An officer was dispatched to the 700 block of Abba Street in reference to theft and criminal trespass to property.

An officer was dispatched to a business in the 300 block of North Macoupin Street in reference to criminal trespass to property.

An officer was dispatched to a business in the 300 block of North Macoupin Street in reference to criminal damage to property and criminal trespass to property.

An officer was dispatched to the 400 block of North 7th Street in Benld in reference to suspicious activity.

An officer was dispatched to the 200 block of Charles Street in reference to an animal complaint.

An officer was dispatched to the 900 block of South Macoupin Street in reference to a 911 call.

TUESDAY, NOVEMBER 25, 2025

An officer was dispatched to the 600 block of West Wilson Street in reference to a well-being check.

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An officer was dispatched to the 200 block of East Locust Street in Benld in reference to the removal of a subject.

An officer was dispatched to Circle Drive at Gillespie Lake in reference to an alarm sounding.

An officer was dispatched to the 200 block of Penny Street in reference to a well-being check.

An officer was dispatched to South 2nd Street in Benld in reference to unwanted solicitors.

WEDNESDAY, NOVEMBER 26, 2025

An Officer was dispatched to the 900 block of South Macoupin Street in reference to a domestic dispute.

An officer initiated a traffic stop at Macoupin Street and Easton Street. Joseph L. Schnurr, 63 of Eagarville, was arrested for reckless driving, fleeing/eluding a peace officer, squealing tires, failing to obey a stop sign, improper use of registration, and operating an uninsured vehicle.

An officer was dispatched to the 500 block of East Chestnut Street in reference to a juvenile issue.

An officer was dispatched to the 400 block of Springfield Road in East Gillespie in reference to suspicious activity.

An officer was dispatched to the 600 block of East Chestnut Street in reference to suspicious activity.

An officer spoke with a female at the Gillespie Police Department in reference to a civil issue in the 300 block of South Illinois Street in Benld.

THURSDAY, NOVEMBER 27, 2025

An officer was dispatched to the 300 block of East Elm Street in reference to a suicidal subject.

An officer was dispatched to the 600 block of Broadway Street in reference to a fire alarm sounding.

An officer was dispatched to the 300 block of Park Avenue in reference to criminal trespass to property.

An officer was dispatched to the 500 block of Horizon Street in reference to a 911 call.

An officer was dispatched to the 300 block of Henry Street in reference to a 911 call.

An officer was dispatched to the 400 block of Cedar Street in reference to a well-being check.

An officer was dispatched to the 700 block of Francis Street in reference to a 911 call

An officer was dispatched to the 400 block of Henrietta Street in reference to an animal complaint.

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FRIDAY, NOVEMBER 28, 2025

An officer was dispatched to the 400 block of West Walnut Street in Benld in reference to a theft.

An officer was dispatched to the 900 block of North Hard Road in Mt. Clare in reference to disorderly conduct.

An officer was dispatched to the 400 block of West Central in Benld in reference to juvenile issues.

An officer was dispatched to the 300 block of North Macoupin Street in reference to a reckless driver.

An officer was dispatched to the 300 block of East Elm Street in reference to a 911 call.

An officer was dispatched to the 900 block of North Hard Road in Mt. Clare in reference to a 911 call.

An officer was dispatched to the 300 block of East Central Avenue in Benld in reference to suspicious activity.

An officer was dispatched to a business in the 300 block of North Macoupin Street in reference to suspicious activity.

An officer spoke with a male on Dorsey Road in Mt. Clare in reference to a vehicle that was parked on the lot for a few days.

SATURDAY, NOVEMBER 29, 2025

An officer was dispatched to West Central Street and North Trolley Street in Benld in reference to a traffic crash.

An officer was dispatched to the 500 block of Lynn Street in reference to a well-being check.

An officer was dispatched to the 600 block of Broadway Street at Gillespie High School in reference to the fire alarm sounding.

All subjects are presumed innocent until proven guilty in a court of law.

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Community News

MCHS celebrates the season with “Ye Olde Christmas” Dec. 5-7

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Ye Olde Christmas is the theme of the Macoupin County Historical Society’s annual Christmas Show, which will be held Friday through Sunday, December 5–7, at the John C. Anderson Home and Museum, 920 West Breckenridge in Carlinville.

“The Christmas Show is one of the most magical times to visit the Anderson Home,” said MCHS Board Member and House Manager Brandy England. “Some families make it an annual Christmas tradition to visit the Anderson Home when it is decorated for Christmas. It’s a great opportunity to get into the Christmas spirit and pick up some ideas for decorating your own home for the holidays.”

MCHS member Kendra Mize, of Bunker Hill, who has coordinated the decorating effort for more than two decades, has again marshalled a small army of volunteers to decorate all 13 rooms of the home. Each room features a themed Christmas tree, along with mantle pieces, centerpieces, tabletop decor, garlands and florals, and other special touches.

The home will be open for self-guided tours from 4 p.m. to 9 p.m. on Friday, December 5; from 9 a.m. to 9 p.m. on Saturday, December 6; and from 10 a.m. to 3 p.m. on Sunday, December 7.

“We’re very excited to offer for the first time candlelight tours from 6 p.m. to 9 p.m. on Friday and Saturday,” said Shawna Ashby, who serves as a co-manager with England. “Viewing the decorated home by candlelight promises to be a magical experience.”

The final candlelight tours on Friday and Saturday start at 7:30 p.m. Admission to the home is five dollars for adults and one dollar for children ages five to 12, with four-year-olds and younger admitted free of charge.

The Anderson Home Gift Shop will be open during tour hours, offering one-of-a-kind gift items and stocking stuffers. Santa Claus will be on hand in the downstairs parlor to greet children and listen to their Christmas wishes from 1 p.m. to 4 p.m. on Saturday, December 6.

While the decorated home is the centerpiece of the Christmas Show, several other features on the Historical Society’s grounds will be open. The Red Barn will be open and serving hearty beef stew, chili, homemade pies, and warming holiday beverages such as wassail and hot chocolate on Friday and Saturday.

The General Store and Print Shop will be decorated and open to the public, with the Print Shop offering its popular handmade Christmas cards and other items produced in the shop; kids can print their own blank “Santa List” to keep track of their Christmas wishes.

“The General Store offers unique gift items, including some small antiques, for shoppers to peruse,” England noted.

Local blacksmiths will demonstrate their craft in the MCHS Blacksmith Shop located on the north side of the Historical Society Grounds, with wrought iron gift items, including stocking hooks and decorative pieces, available for purchase.

The Macoupin County Historical Society’s Christmas Show runs concurrently with the Carlinville Christmas Market and Downtown Christmas events, and a free trolley and shuttle buses include the Anderson Home as a regular stop during the festivals, enabling visitors to ride from the square or the Macoupin County Fairgrounds to the Historical Society grounds.

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