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.”

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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.

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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.

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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.

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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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The Public Access Bureau of the Illinois Attorney General’s office has agreed to investigate whether or not Macoupin County Board Chairman Larry Schmidt and 15 of the board’s 18 members violated provisions of the state’s Open Meetings Act when Schmidt polled board members by phone to weigh in on whether or not he should step down from the chairmanship or resign from the board in response to controversy in connection with a social media post he made denigrating the LGBTV+ community.

The investigation stems from a complaint filed by Chelsa Pruden, Staunton, who organized a sizable protest against Schmidt at the board’s April 8 monthly meeting in Carlinville. During that meeting, board member Ryan Kilduff, also of Staunton, read a prepared statement criticizing Schmidt’s social media comments and disclosing that Schmidt may have violated the Open Meetings Act by polling members of the board by phone. Kilduff said he was one of three board members not contacted by Schmidt.

Schmidt, a Republican, reportedly phoned 15 board members to elicit their opinions about his future tenure. The board is comprised of 15 Republicans and three Democrats.

In a letter dated April 16 to Schmidt from Public Access Attorney Matt Goodman, the Attorney General’s Office demands a response from the board or its representatives within seven days of receiving the letter.

“This office has determined that further action is warranted,” Goodman wrote in his letter to Schmidt.

Goodman’s letter directs the board to provide a written response “to the allegation that the Board held an improper private meeting by engaging in contemporaneous and interactive communication concerning the Board chairman’s tenure, whether electronically or in person.” The letter also directs the board to provide detailed documentation of all communication between and among board members concerning whether or not Schmidt should resign from the board or step down from the chairmanship. The letter further requested the total number of board members and the total number of board members who participated in the communications.

The Attorney General’s investigation was sparked by a letter of complaint Pruden filed the day after the April 8 board meeting in which she alleged Schmidt “conducted a secret meeting and held a ‘straw vote’ involving only elect board members.”

“This incident raise serious concerns of noncompliance with he Open Meetings Act, which exists to ensure transparency and accountability in the actions of public officials,” Pruden wrote. “Any private decision-making process that impacts the functioning or direction of the board is a matter of public concern, especially when it excludes other elected officials and the public.”

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Pruden organized a protest involving about 100 people prior the April 8 board meeting and was among those making public statements during the meeting calling Schmidt’s comments regarding LGBQTV+ persons into question.

The controversy was ignited when Schmidt posted a comment to a Facebook item posted by St. Louis television station KMOV regarding Anheuser-Busch’s decision to withdraw sponsorship of the annual St. Louis Pride Parade. “Now is a great time to do away with Pride. You can be queer, but you don’t need to march in the streets to show off your disability,” Schmidt posted. Schmidt later acknowledged his comment was inappropriate and has since withdrawn his presence from social media.

Pruden is organizing another protest before the County Board’s upcoming May 13 meeting.

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With Mayor John Hicks presiding over the last meeting of his tenure, the Gillespie City Council approved a new three-year contract with the Fraternal Order of Police last Monday night, April 14, and approved a change order reducing the expected cost of a major downtown streetscape project prior to the start of construction.

Approval of the FOP contract came after an hour-long executive session to discuss collective bargaining and a possible real estate transaction. 

The 33-page FOP contract calls for salary increases of $7 spread over three years for police officers and dispatchers. Starting June 1, salaries for both classifications will increase by $5, followed by increases of $1 per hour for each of the remaining two years of the contract. The contract also establishes pay rates for various rankings and assignments. Under terms of the contract, Sergeants and Detectives are entitled to an additional 75 cents per hour, while Lieutenants will make an additional $1.50. The Police Department’s School Resource Officer will make an additional 25 cents per hour, while the LEADS coordinator will earn an additional 50 cents per hour.

Officers and dispatchers working the midnight shift will earn an additional 35 cents per hour, while those working the afternoon shift will be entitled to an additional 25 cents. 

The contract also calls for salary increases of three percent for longevity upon completion of 10, 15, 20, 25 and 30 years of service.

The new contract was unanimously approved on a motion by Ald. Dona Rauzi, seconded by Ald. Landon Pettit, who will assume duties as Gillespie Mayor next month. After serving four terms as Mayor, Hick elected to not run in the April 1 consolidated election. Likewise, three-term City Clerk Frances Smith did not seek re-election. Tammy Beechler, who will be sworn in as City Clerk next month, shadowed Smith Monday night to familiarize herself with procedures.

STREETSCAPE CHANGE ORDER

On the recommendation of City Treasurer Dan Fisher, the council voted 5-1 to approve a pre-construction change order to reduce the scope and the cost of a long-anticipated Streetscape improvement project aimed at boosting the business climate for the downtown business district. The changes are expected to reduce the cost of the project by about $800,000.

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Last month, the council voted 5-2 to provisionally approve a $4 million bid from Stutz Excavating, Inc. to execute the project, which includes new street lights, sewer work, sidewalks, green spaces and a realignment of parking spaces. The council greenlit the project on the condition that grant funds previously awarded by the federal Rural Development program actually materialize. Fisher warned last month that the grant funds could be at risk due to confusion of federal spending cuts and personnel reductions.

To shave the cost of the project down to $3,295,000, again provided grant funds are made available to the city, the council approved changing the style of street lights to a less expensive model, and eliminating the first block of Chestnut Street east and west of Macoupin Street from the project.

Fisher said he, Ald. Pettit and Ald. Janet Odell-Mueller met with Stutz representatives to discuss cost reductions.

“The contractor has reviewed this,” Fisher said, “and they’re fine with making these changes.”

Brought to a vote on a motion by Pettit, seconded by Odell-Mueller, the council approved the measure with Ald. Bob Fritz voting “no.”

The council also agreed to buy two additional street lights matching those used for the Streetscape Project with an eye toward using city workers to install them at Pomatto Park, replacing two defective streetlights currently located at the park.

PLUM STREET DAMAGE

After an extensive discussion, the council reached no definitive solution to mitigating damage caused to Plum Street by increased school bus traffic. Community Unit School District 7 has been using Plum Street extensively this year to facilitate synchronizing starting times and dismissal times for students at all three attendance centers. As a result, Plum Street’s integrity has become degraded, especially at the intersection with LJ Avenue where buses make a left turn onto Plum.

“There’s no bus traffic on Oak Street,” said Ald. Wendo Rolando. “It’s all on Plum. Plum Street is falling apart even more than last year.” She recommended leaving the situation “as is” until the end of the current school year, but addressing the problem with the school district before the 2025-26 school year.

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At the beginning of this school year, the district routed buses west on Broadway to Kelly Street, south on Kelly Street to deliver or pick up students at BenGil Elementary School, then east on Plum Street for one block, then north on LJ Avenue to deliver and pick up students at the middle school/high school.

“Plum was never meant to be a heavily travelled street,” Ald. Pettit said. “We limited the weight on Plum because of the disintegration.”

CUSD 7 Transportation Director Tim Besserman, however, told the council that if Plum is no longer available for bus traffic, the district would be forced to return to staggered start and dismissal times. “That’s going to be terrible for everyone,” he said.

Fisher said stabilizing the street to accept bus traffic will cost upward of $250,000. The project would require removing subsurface soil at the intersection, and replacing it with more compactable soil or concrete. “That would be in addition to $100,000 or so for resurfacing,” he said.

“I think we could come up with a plan but it would it would need to involve some kind of cost-sharing with the school,” Fisher speculated. “We don’t have $200,000 to $250,000 to upgrade that street.”

Odell-Mueller, who has a background with the Illinois Department of Transportation, said the street has to be repaired immediately. “The school wanted to use Plum Street and didn’t want to listen to anyone else,” she said. “We don’t have the money” to upgrade the street.

The council reached no conclusion on the issue but will likely open conversations with CUSD 7 officials to outline an alternative route or reach a cooperative agreement to stabilize the street.

MOTOR FUEL TAX MAINTENANCE ESTIMATE

Council members approved a $608,700 cost estimate for Motor Fuel Tax maintenance costs during the 2025 calendar year. Ald. Fritz said the cost estimates include oil and chipping for 20 to 30 streets, plus milling and resurfacing for specific sections of Osie, Baker and Adams streets. 

While the document specifies streets for maintenance, Fisher pointed out the bid is a “linear bid” for specific lengths of maintenance work. The streets that ultimately get oil and chips can change, depending on the Maintenance Department’s determination.

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“It doesn’t have to be these streets,” Fisher noted. “Let’s let the Street Department decide.”

NEW BURNING ORDINANCE

The council referred to committee the issue of drafting a new ordinance governing the burning of yard waste in the city limits.

Ald. Fritz said the city’s ordinance apparently has no time restriction on burning, meaning residents can burn waste at any time during the day or night.

“I wouldn’t want to sit outside on a nice night and have to smell someone’s leaves or grass smoldering,” Friz said.

Ald. Pettit said he searched the ordinance book and found the city has no fewer than four ordinances governing burning, some with conflicting provisions.

“Technically, by the way our ordinances are written, you can’t burn leaves at all,” Pettit said. “You can only burn branches. We need to condense and clarify our ordinances.”

City Attorney Rick Verticchio said he would include a clause in the new ordinance to rescind provisions of all previous ordinances to eliminate confusion about what is allowed.

After a brief discussion, Verticchio also agreed to provide copies of an ordinance he wrote for the City of Benld to implement a city-wide trash hauler program. Fritz said using one trash hauler for the entire city would help control damage to alleys caused by trash pick-up executed by multiple companies. Other aldermen, however, said residents have opposed such a program in the past.

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Verticchio said residents would be likely to embrace a city-wide trash program when they realize their rates will be lower than what they pay now. Under the Benld model, trash haulers bid for the city-wide contract, resulting in lower prices. The cost of trash pick-up is added to residents’ monthly water bills. Residents can opt out of the program and hire their own trash hauling service, but would still pay the monthly trash pick-up surcharge.

“All it takes is for me to write it up,” Verticchio said. “You pass it and put it into effect.”

DUMPSTER RESTRICTIONS

Verticchio agreed to write and present an ordinance to enforce restrictions on dumpsters, which had been previously approved by the council. Mayor Hicks said he remembered the council discussing the issue but apparently no subsequent action was taken to enact an ordinance. According to BenGil Post archives, the council discussed the issue in March last year and directed Verticchio to draft a proposed ordinance.

Based on the previous discussion, the ordinance will ban dumpsters in excess of three yards in size in residential areas. The new ordinance will carve out exceptions, however, for temporary dumpsters in place for construction, remodeling and similar projects. In those instances, the dumpsters can remain no longer than 30 days without council approval. The ordinance will also prohibit placing dumpsters on city sidewalks or rights-of-way.

FINAL POLICE STATION PAYMENTS

The council approved three resolutions authorizing payments from the city’s Tax Increment Financing funds to Watson Contracting for work completed on remodeling a building at 124 N. Macoupin Street to become the Police Department’s new headquarters. The separate actions authorized a third payment of $39,018.42 and a fourth payment of $17,759.77, plus a final payment of $5,919.94 due upon completion and acceptance of the project.

The council also approved a payment of $14,700 to Watson for work required after a sewer back-up in the basement resulting from excessive rain last month. The additional work included repairs plus installation of a backflow device to prevent back-ups in the future.

In a related matter, the council approved payment to Global Technologies of $11,699 for a new radio tower, plus $1,500 for installation. Police Chief DePoppe told the council the city originally intended to move an existing tower at the current Police Station but Global strongly advised against that plan.

The council also authorized DePoppe to hire up to three new full-time police officers to restore the department to a full complement.

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PUBLIC COMMENT

The council denied a request registered by Tim Loveless to forgive and sewer portion of two excessive water bills he received as a result of water leak at 411 Elm Street. Loveless said he became aware of the leak after receiving a $1,600 water bill for the address. He said he shut of the water service at the house but did not have the city shut off the meter. A month later, he received a bill for $600. He asked that the city forgive the portion of the bill for sewer service, indicating the water collected under the house and in the yard but did not enter the sewer. Loveless said forgiving the sewer bill would save him about $400.

Mayor Hicks told Loveless, however, that the past practice of the council had been to hold homeowners responsible for charges resulting from water passing through the meter. 

“Anything that goes through the meter is yours,” Hicks said.

The council took under advisement and referred to the Police Department a complaint from Park Avenue resident Stacey Hart regarding ATVs and side-by-sides allegedly attempting to run her off the road when she is operating a motorized scooter she uses for mobility issues. She also asked for clarification about the permissibility of placing “no trespassing” signs on her property. She said she once placed “no trespassing” signs but was later told by police that she had to remove them. Upon further questioning from City Attorney Verticchio, it was learned that the officer who allegedly told her to take down the signs has not been on the police force for two decades.

Verticchio told Hart she has a right to erect “no trespassing” signs on her on property, and that the city had no authority to advise her on where those signs have to be placed.

The council also gave permission for Kim Henderson to locate temporary vendors in front of Gotcha Latte for a Tea Party event on May 4 or 10. Henderson expressed concerns about the Streetscape project possibly precluding her from using the sidewalk at the time she wants to schedule the event. Mayor Hicks told her the project will proceed a block at a time. While the city doesn’t yet know the construction schedule, Hicks said Henderson could relocate her vendors if the space in front of the coffee shop is not available.

OTHER ACTION

In other action, the council:

• Heard a report from Ald. Rolando, regarding a city clean-up project scheduled for May 2. The city plans to use CUSD 7 students completing community service requirements for the project, and will enlist city workers to assist.

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• Accepted a bid of $30 from Mark Rauzi to purchase grass seed declared as surplus property.

• Directed the Lake Committee to work on revising the rules and lease agreement for Gillespie Lake lots. Ald. Pettit said the current document runs to 15 pages and contains overlapping policies.

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