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Rep. Bourne co-sponsors legislation to improve ballot integrity

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Contributed content by the Illinois House Republicans.

LITCHFIELD—In the wake of learning that one Illinois county is investigating nine instances of vote by mail ballot requests that were made by deceased people, State Representative Avery Bourne (R-Morrisonville) is co-sponsoring a bill that would require county clerks to regularly scrub voter rolls to remove people who are no longer among the living. HB 2513 would require county clerks to utilize certification of death records to update voter registration records to remove people who have passed away. Current law recommends, but does not require, voter records to be updated when a death occurs.

 “It makes sense that when a death certificate is issued, other county records would be updated to reflect that death,” said Bourne. “HB 2513 makes a simple change to the Illinois Election Code, and says voter records ‘shall’ be updated rather than ‘may’ be updated. It’s common sense legislation that should have been adopted a long time ago.”

Last week the State’s Attorney in suburban DuPage County announced that his office has been notified of nine separate instances where vote by mail applications were sent in by individuals who are deceased. Employees of the County Clerk’s office identified the cases of voter fraud when cross checking ballot requests with county vital records.

“I am glad that the local officials caught these attempted illegal ballot requests. However, we need to be certain that records are updated so that these attempts cannot take place,” Bourne said. “This is exactly the kind of ballot integrity concern that House Republicans brought up during the bill debate on the vote by mail expansion legislation. We voiced concerns and offered suggestions for protective measures, but the majority party brushed our efforts aside. It appears our concerns were well founded. We must pass further measures to ensure the integrity of the voter rolls and our election.”

While too late to affect the November 2020 ballots, Bourne said she will be pushing for the bill’s passage when the legislature returns to Springfield for veto session in mid-November.

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Benld Council authorizes Civic Center repairs, approves lead water service line inventory

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Members of the Benld City Council on Monday night approved upward of $14,000 of work to correct a long-standing problem with wall dampness at the rear of the Benld Civic Center and entered into a $30,000 contract to inventory residential water service lines using lead pipes. Council members also debated a proposed ordinance to govern Air B&Bs in the city limits and approved partial payment for a recently completed water tower painting and maintenance project.

Ald. John Balzraine said the Civic Center work will correct a problem with moisture wicking into the back wall of the Civic Center from the ground. The ongoing problem has caused damage to the plaster interior finish. Balzraine told the council he obtained quotes from Woods Basement Systems, Collinsville, and Watson Construction, Gillespie, to correct the problem and replace concrete, tile and damaged plaster.

Woods Basement Systems plans to jackhammer out concrete at the base of the wall and install a sump pump at a cost of $4,948.08. Watson Construction will oversee the project, repair the damage, and build a closet in the northwest corner of the Civic Center to house equipment.

Woods “guaranteed this will fix the problem,” Balzraine said. “It’s a 100-year-old building that nothing has been done to fix it.”

LEAD SERVICE LINE INVENTORY

On a motion by Ald. Dustin Fletcher, the council voted unanimously to enter into a $30,000 professional services contract with HMG Engineers for grant-funded project to inventory the number of residences in the city that are service by lead water service lines. Justin Vonder Haar, an engineer with HMG Engineers, Breese, told the council the grant cannot be used to reimburse city expenditures. Provisions of the grant require the money to be paid to third-party providers such as HMG.

The goal is to identify homes with lead water service lines with an eye toward replacing those lines with non-toxic materials in the future. Vonder Haar said the state legislature currently is trying to identify funds to assist with the cost of water line replacement statewide. Lead leaching into drinking water through lead service lines is detrimental to human health with long-term exposure.

Now that a contract has been approved, Vonder Haar said HMG would submit an application to the Illinois Environmental Protection Agency to release the first $15,000 of the grant funds.

He said a first step will involve sending a flier to Benld residents encouraging them to voluntarily report to the city whether or not they rely on lead water service lines. Depending upon the initial response, Vonder Haar said HMG may retain a local plumber to canvass door-to-door at non-responsive residences to identify lead service lines. The initial inventory will to involve digging up lines to examine them. In instances where it cannot be determined whether a line is lead or not, surveyors will make a projection based on the nature of other service lines in the immediate area.

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When grant funds become available to replace lines, Vonder Haar said the grant award will be based on the number of lead lines identified during the initial inventory.

“At that time, if you dig up a line and it turns out to not be lead, that money can be used to replace other lines,” he said.

On Vonder Haar’s recommendation, the council approved a payment of $72,018 to Neuman Company Contractors for a recently completed painting and maintenance project on the city’s water storage tower, but retained a payment of $19,200 remaining on the contract pending resolution of a problem with a telemetry sensor on the tower. The sensor monitors the water level in the tower and controls a valve to maintain the appropriate level.

PHASE TWO BIDS SOUGHT

The council voted unanimously to advertise for bids from contractors to complete the second phase of work on developing the former site of Benld Elementary School as a sports park facility. The second phase will include installation of underground utilities, including sanitary sewer lines, storm sewers and water lines, along with grading work in advance of construction of park facilities. Upon completion, the park will include a softball field, baseball field and soccer/football field, along with other amenities.

In association with the non-profit Benld Sports Association, the city is developing the 11-acre site as a sports and outdoor recreation park. Community Unit School District 7 transferred the property to the city several years after a mine subsidence event destroyed the then seven-year-old Benld Elementary School. With the city acting as the sponsoring agency, the project was awarded a $600,000 Open Spaces Land Acquisition and Development Grant through the Illinois Department of Natural Resources. Once construction is complete, maintenance and operation of the facility will be the responsibility of the Sports Association.

AIR B&Bs

Council members spent several minutes discussing provisions they want included in a new ordinance governing the operation of short-term rental properties popularly known as Air B&Bs within the city limits. Mayor Jim Kelly said at least one property owner is operating as a short-term rental facility already.

City Attorney Rick Verticchio is expected to draft a proposed ordinance for action at the council’s October meeting.

Among the provisions council members directed Verticchio to include:

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  • A license application fee of $50 per property, which is the same fee that applies for a business license.
  • An initial housing inspection at a cost of $75, plus a $50 housing inspection every six months thereafter.
  • A city tax of four percent of revenue or $20 per rental day, whichever is less.
  • A provision requiring tenants to be 18 years old or older.

The proposed ordinance also will provide for the owner to lose their license to operate if the property is found to be a public nuisance by a court of law. That provision is expected to control issues such as loud music, parties or criminal activity.

Verticchio suggested that zoning could be an issue, but the consensus of the council was that the city could not ban Air B&Bs from operating within areas zoned as residential areas.

Ald. Balzraine asked if the city could simply ban the practice of short-term rentals completely, but Verticchio said the municipality was not empowered to dictate what types of businesses could operate in the city as long as the business is otherwise legal.

CITY COMPTROLLER HOURS

The council approved an amendment to an ordinance to increase the number of hours for which the City Comptroller can be paid from a maximum of 40 hours per month to 60 hours. City Clerk Terri Koyne currently serves as the City Comptroller by appointment by the mayor. The ordinance provides for the comptroller to be paid minimum wage as established by Illinois law. Kelly said Koyne has been required to devote more time to the position because of grant application writing and grant administration duties.

MINIMUM SEWER CHARGE

On a motion by Ald. Fletcher, seconded by Ald. Mickey Robinson, the council unanimously approved a measure to set the minimum fee for sewer services at $20 per month. Mayor Kelly said provisions of a grant used for recent sewer improvements require the city to collect at least a minimum fee for all residences with a sewer connection. Monthly bills include charges for water, plus a charge for sewer based on the volume of water used. However, Kelly said there are some residents who are not connected to water services and who claim to bring in water for drinking, cleaning and flushing toilets—which precludes the city from determining how much waste that household contributes to the sewer system. The new fee structure will require such households to pay $20 monthly for sewer services despite the lack of city water service.

ORDINANCE VIOLATIONS

No specific action followed a 10-minute executive session requested by Ald. Jerry Saracco.

City Clerk Koyne announced that she plans to have a binder available at city hall in which to record ordinance violations issued by city aldermen. She asked that the responsible alderman report back as to whether or not the violation had been corrected by the deadline specified by the citation. Violations that have not been corrected by the deadline can then be referred to the City Attorney for further enforcement.

Koyne also announced that a Clean-Up Day for city residents has been set for Oct. 14. Residents who have refuse to be picked up should have their items on the curb for pick-up by 6 a.m.

TRICK OR TREAT

Annual trick or treating hours were set at 6 to 8 p.m., Oct. 30 and 31 by a unanimous vote of the council.

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Black Diamond Days may return to downtown for 2024

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Downtown Gillespie was flooded with people yesterday for Black Diamond Days. (Photo by Angelia Fenton)

Gillespie’s Black Diamond Days festival could return to the downtown commercial district if the city council approves a resolution seeking permission from the Illinois Department of Transportation to close a section of Illinois Route 4 to accommodate the struggling festival.

Ald. Landon Pettit, who also serves as a member of the Black Diamond Days Committee, said bringing the festival back downtown was a possibility during the regular monthly meeting of the city council Monday night.

“We were told that once we lost our permit to close Macoupin Street, we could never come back,” Pettit said. “It turns out that that is not true.” To return to the downtown area, he said, would only require the city council to seek IDOT’s permission to close a section of Illinois Route 4, which coincides with Macoupin Street.

“I’m dead set against it,” said Ald. Dave Link, who owns Lumpy’s Bar and Grill downtown. “For all the years it was downtown, we were basically shut down for the weekend.” He suggested contracting downtown merchants to see whether or not they favor bringing the festival back.

“Don’t do that,” City Attorney Rick Verticchio counseled. “Have a public meeting. That way, if they want to come up and talk to us, they can.”

Mayor John Hicks said he would set a date for a public meeting in October, official notice of which will be published in local news outlets.

City Treasurer Dan Fisher said another issue could be the start of construction on a long-anticipated Streetscape Project to improve downtown aesthetics. Fisher was confident, however, the festival could be worked around any construction that might be underway.

Promoted as “Macoupin County’s Original Festival of Coal,” the festival began as an annual summertime ritual more than 40 years ago. It was canceled in 2020 due to the COVID-19 pandemic. In 2021, a group of volunteers attempted to revive the festival, relocating it to Old Gillespie Lake. A last-minute cancellation forced the festival to open without a carnival for the first time this year. Organizers brought in inflatable “bounce houses” to entertain younger festival-goers as an alternative to traditional carnival rides.

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“Being out at the lake, we’ve lost substantial amounts of money every year, trying to keep it going,” Pettit said. “Every year we hear that people want it back downtown.”

He said the committee has been bolstered by several new members who “have stepped up to help us.”

Council members voted unanimously, with Ald. Pettit voting “present,” to waive the vendor permit fee for vendors participating in Spooky Halloween Fright at Gillespie Lake in October. Teresa Pettit told the council that the organizing committee would ask vendors to voluntarily donate $20 to be given to the Lake Fund. She also notified the council that the group is securing a $1 million liability insurance policy as required by the city.

The event is set for Friday evening, Oct. 20, and all day on Saturday, Oct. 21, and Saturday, Oct. 28. In addition to vendors, the event will feature bounce houses, games and crafts for kids, a chili cook-off, a wings cook-off, a fishing tournament, bonfires, and a “haunted” trail. There will be a cakewalk, best costume contests and a best decorated campsite contest. Additional activities include a scavenger hunt, pumpkin decorating, raffles, 50/50 drawings, a trunk or treat event and a costumed Halloween parade.

Pettit said she wasn’t previously aware that the organizers needed city permission for the event.

“Like so many things, it comes down to communication,” Verticchio said, advising Pettit to approach the city in advance for future events on city property. “You come up here and tell them what you want to do and chances are is no one is going to say ‘no,’ because this looks like a very nice event that is going to make the community better.”

NUISANCE PROPERTIES

The council met in executive session for 35 minutes before addressing the agenda. The closed-door session officially was called to discuss personnel, litigation, real estate and collective bargaining, but may have focused on the status of litigation against several nuisance properties.

Upon returning to open session, resident Ellen Collman complained about her property being declared a public nuisance without prior notice. She said she has been making progress toward cleaning up the property and said she would like to have the declaration withdrawn.

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“Not one person sitting at this table has spoken to me about this,” Collman said.

Ald. Link, who asked for the nuisance declaration originally, said the property owners had cut grass and weeds in the back and removed most of a dilapidated fence, but there was still trash and debris that remained to be removed. He said he had talked with neighbors who told him the property had been in a state of poor maintenance for as long as nine years.

Verticchio told Collman there was no reason to withdraw the nuisance declaration, describing it essentially as an incentive for property owners to clean up their property to avoid litigation. While the notice gives the property owners 30 days to comply, he said it was common practice to give the owners more time if they are actively working to abate the nuisance.

“My experience is that when the city issues a formal notice, the property owner goes out and fixes it,” Verticchio said. “If you do that, that’s it. When it’s cleaned up, you’ll get a letter telling you the property is no longer a nuisance.  I guarantee you that as long as you keep working on it, this group is not going to have me file an action in court because they don’t want to spend any more money on me to do that.”

In other action, the council declared property at 411 West Chestnut and 503 West Chestnut as public nuisances.

Later in the meeting, the board authorized payment of Tax Increment Financing Funds in the amount of $1,385 to Netemeyer Engineering, Aviation, for completing engineering evaluations for buildings at 109 South Macoupin and 300 South Macouipin. Both buildings have previously been declared public nuisances. The owner of 109 South Macoupin reportedly offered to donate the building to the city but city officials wanted to confirm what it would cost to stabilize the building before accepting it.

Ald. Dona Rauzi reported that the tax-buyer that acquired a nuisance property at 508 Park Avenue is exploring the feasibility of razing the structure.

Council members also briefly discussed the status of the former Canna Theater, recently acquired by a private party who has plans to renovate the building as a performance venue. Fisher reported that he talked to the new owner and learned she expects to first repair the roof and a water damaged wall to stabilize the building, and is in the process of cleaning out the interior.

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GOLF CART RULES

After several minutes of discussion the council voted unanimously on separate motions to require golf courts operated in the city limits to be fitted with seatbelts, and to reduce the minimum age for golf court operators from 18 to 16, with the provision that the operator has a valid driver’s license. Both provisions will take effect on Jan. 1 when golf court permits are renewed.

Ald. Landon Pettit questioned whether or not young children riding a passengers in golf courts should be secured in a car seat. He said he had observed young children riding in golf carts who were simply strapped in with a seatbelt. He said he worried about a child slipping out from under the belt and being injured.

Verticchio advised that city police charged with enforcing such an ordinance could not be certified to determine whether the seat is properly installed because golf cart seats are not designed to accommodate a child safety seat.

Fritz asked if the city could be held liable for a child’s injury or death if it did not require child safety seats.

“You’d have greater liability if you require car seats and some kid gets bounced out,” Verticchio said. “Some smart lawyer would say, ‘Hey, the kid would have been fine if the city hadn’t said they had to be in a car seat’,”

PARKING ON LJ AVENUE

On the direction of the council, Verticchio said he would prepare an ordinance which, if approved, would ban parking on LJ Avenue during sporting events.

Ald. Janet Odell-Mueller initially asked for new No Parking signs to replace faded signs on LJ Avenue, but asked that the new signs to ban parking at all times rather than during school hours. The street runs between the Gillespie High School campus and the football field, and becomes congested with parked cars during football games.

“People park on both sides and it basically becomes a one-way street,” she said. “I don’t know how many times I’ve had a kid run out in front of me from between parked cars.”

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Verticchio said he would prepare a draft ordinance for the council’s consideration in October. In the meantime, Mayor Hicks said he would contact the school to see if they would agree to barricade the street during sporting events.

Ald. Fritz also suggested approaching the school district to see if it would consider donating a couple of half-lots on Park Avenue, previously listed as surplus, to the City of Gillespie. The district apparently received no bids from private buyers to acquire the half-lots. Having them, Fritz said, would give the city access to Bear Creek to cut brush and otherwise maintain the waterway. Verticchio said the school district could transfer the properties via an intergovernmental agreement if it so chooses.

MFT BID LETTING

An announcement by City Treasurer Fisher that the Illinois Department of Transportation is letting bids for the Motor Fuel Tax program on Oct. 21 sparked a brief discussion about the type of rock used for the city’s street maintenance program. Fisher said IDOT will open bids for furnace slag to be used on city streets because it causes less dust than traditional rock chips.

Ald. Pettit, however, said he had seen a product called “purple rock” in use and deemed it equal to or superior to slag. Purple rock, also called Iron Mountain Track Rock, is considered an alternative for slag since sources for furnace slag are dwindling.

Fisher said the bidding specifications approved by the council earlier call for slag and that it might be possible to seek bids for purple rock next year.

CHESTNUT CULVERT

The council referred to the Street Department a request to install a new culvert at Chestnut and Handy streets for correct a water flow issue that arose after the construction of a public housing complex in the area.

Ald. Pettit said the new intake is above the level of the water flow, causing rain water to back up into neighboring yards. He said it may take as many as four culverts to correct the issue. Mayor Hicks asked the Street Department to assess the issue and determine the best and most cost-effective way to address it.

OTHER ACTION

In other action, the council:

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  • Agreed to set the standard fee for business licenses at $25 per year to streamline bookkeeping. The city formerly had a schedule of fees ranging from $12 to $25 depending upon the type of business.
  • Accepted a new lease agreement for a cellular tower at Gillespie Lake under which the tower owner wills pay $1,000 per month, an increase of $250 from the previous contract.
  • Accepted a bid of $300 to repaint pedestrian striping on Kelly Street at BenGil Elementary School.
  • Agreed to donate an old communications tower at the former Gillespie Police Department to the Gillespie-Benld Area Ambulance Service.
  • Gave the Mayor power to act on accepting bids for 21 surplus radio units previously used the Police Department.
  • Agreed to pay an outstanding bill from TDI Concrete from Tax Increment Financing Funds, provided the contractor provides proof of paying its employees prevailing wages.

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Benld accepts bid for preliminary work at sports complex site

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Members of the Benld City Council on Monday night accepted of bid of $18,480 from Ranger Excavating for preliminary work on developing the former site of the Benld Elementary School as a sports park and outdoor recreation area. The preliminary work includes demolishing and excavating existing softball field fencing, demolition and excavation of dugouts, and removal of concrete associated with existing basketball courts and former parking/traffic areas.

In cooperation with the Benld Sports Association, the city plans to develop the 11-acre site as a sports and outdoor recreation park. Community Unit School District 7 transferred the deed to the city after a mine subsidence event destroyed the seven-year-old Benld Elementary School. With the city acting as the sponsoring agency, the Illinois Department of Natural Resources awarded a $600,000 Open Spaces and Land Acquisition Once the park is developed, maintenance and operations will be turned over to the Sports Association.

HEALTH INSURANCE RENEWAL

The council also unanimously to renew a policy with Blue Cross-Blue Shield to provide health care coverage for city employees. The city’s share of providing health care coverage for employees will increase from $2,324.58 to $2,527.53.   

NUISANCE PROPERTIES

Following a 30-minute executive session with City Attorney Rick Verticchio, the council voted to declare as public nuisances the following properties: 503 South Hardwood, 407 South Illinois Street, 300 South Second Street, 500 North Seventh Street and 200 East Central Avenue.

Verticchio reported that the owners of the former lumber yard property on Central Avenue are getting bids on replacing the building’s roof. Once they accept a bid and show evidence of having paid a deposit, Verticchio said he would ask the court for a continuation instead of pressing for possession of the property.

“We don’t really want that building,” Verticchio said.

Verticchio also said he expects to finalize a purchase agreement with Chuck Price to finalize the transfer of 301 East Central Avenue in two to three weeks. The council approved Price’s bid of $5,000 to acquire the parcel last month. The agreement reportedly will allow Price to make contractual payments toward the purchase price with a provision to relinquish the parcel if he fails to erect a permanent structure. Price reportedly plans to initially locate his niece’s coffee truck on the property, with plans to later establish a BBQ business

In a somewhat related matter, the council unanimously rejected a bid of $1,000 to purchase city-owned property at 408 South Main Street. No bids were received for the purchase of city-owned property at 206 North Main Street.

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ANIMAL CONTROL RESOLUTION

On the recommendation of the City Attorney, the council approved a resolution that adopts the county’s recently revised animal control ordinance in order to retain access to the services of the Macoupin County Animal Control Department. The County Board adopted a more stringent animal control ordinance in April. Communities wishing to retain a relationship with the County Animal Control Department are required to adopt the county’s ordinance as their own.

According to the resolution, terms of the animal control ordinance will be enforced by the Gillespie Police Department, which provides police protection services to the city. The resolution further affirms the city’s intention to enforce the ordinance and levy fines and reaffirms the city’s position as a municipal partner of the Macoupin County Animal Control Department.

The resolution specifically cites provisions related to dogs running at large and acknowledges that if “for any reason, the (Gillespie) Police Department determines that a dog running at large is a danger to law enforcement officers that Animal Control personnel of Macoupin County can be contacted.”

LIBRARY BOARD APPOINTMENTS

On a motion by Ald. John Balzraine, seconded by Jerry Saracco, the council confirmed the appointments of Vicki Laughlin, Dona Hubert and Stacy Jarman to three-year terms on the city library board of trustees.

In a related matter, the council granted permission for the library to use the city park for a Trunk or Treat event on Oct. 29.

OTHER ACTION

In other action, the council:

  • Approved a routine annual ordinance requiring contractors doing work for the city to pay their employees prevailing wages as determined by the Department of Labor.
  • Set Oct. 14 as the date for a city-wide clean-up event. Residents will be able to leave refuse on the curb for pick-up. Limitations on the amount of refuse and the materials that will be picked up will be imposed.

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