Carbondale Reporter

City of Murphysboro City Council met Aug. 11.

Here is the minutes provided by the council:

Murphysboro City Council Meeting

The Murphysboro, Illinois, City Council met in regular session, pursuant to its ordinances. Mayor Stephens called the meeting to order at 6:06 p.m. and led the council in prayer. Following the invocation, Mayor Stephens led the council in the Pledge of Allegiance to the flag.

Mayor Stephens then directed City Clerk Hunziker to call the roll. The roll was called with the following:

Present:Barb Hughes, Jance Curry-Witzman, Russell Brown, William Pierson, Gary McComb, John Erbes, Mike Bastien, Gloria Campos, W.J. Pittman

Absent:Dan Bratton

Presentation of Newly Hired Police Officers: Ben Thomas, Caleb Clover and Jon Hopkins were recognized by Chief Ellermeyer, who stated that they had graduated from the Academy and have completed their field training. Chief Ellermeyer presented Officer Ben Thomas with a plaque in recognition of his graduating academically first in his class which had a total of 69 trainees.

The council then reviewed the minutes from the previous meeting. Alderman Pittman asked that the minutes be corrected on page 2 under the Committee/Commission Reports for Budget and Finance related items, Old Business – the correct total of licensing fees was $4410.00, which was incorrectly recorded as $441,000.

Motion: To approve the minutes of the July 28, 2020, council meeting, with the correction as listed above. All aldermen received a copy of the minutes, for their review, prior to the meeting.

Motion by Alderman BastienSecond by Alderman Brown

Mayor Stephens called for a voice vote. All were in favor.

Motion Carried

Motion: To approve the accounts payable, register #982 & 983, through August 11, 2020, accounts receivable through July 31, 2020, and payroll through July, 2020. All aldermen received a copy of the accounts payable for their review, prior to the meeting.

Motion by Alderman HughesSecond by Alderman Pittman

Mayor Stephens called for a voice vote. All were in favor.

Motion Carried

COMMITTEE/COMMISSION REPORTS

Alderman Pittman opened discussion for Budget & Finance related items.

Old Business:

Mobile Ranch Action on Failure to Apply for Mobile Home Park License and Pay License Fees, Failure to Pay Water bills and Restructuring of Water Rates: Attorney Blake stated letter dated 7/16/20 addressed: 1. Delinquency of approximately $4900 water bill, which they paid. Now have $1052 due 8/6/20. 2. Licensing Fees past due $4410. Have received application and fee of $1420.00, therefore they still owe $2990 for fees and penalties - don’t renew until all past due is paid. 3. Master Meter – told them effective starting 8/9/20 billing- want the attorney to tell them this is how it is going to be going forward? There are two issues: 1. Won’t be issued a Mobile Home Park license until they pay the past due, and 2. Notify will begin billing all through the master meter. Ms. Volle stated will start with the next billing cycle. Mr. Lee stated will have one meter versus forty to read. Mayor Stephens stated the fees are owed, do we do anything? They continue to operate. Do not pursue and spend more than owed but yes, will not issue license until past due is paid. Attorney Blake asked if they should be issued a citation for operating without a Mobile Home Park license? Mr. Kennedy stated not sure how it reads but have not issued one. Mayor Stephens stated they are aware of it, I have told them on the phone. Has no problem with the city issuing a citation. Alderman Hughes stated glad they have paid the water bill and current licensing fee but agree should go forward with collecting that. Alderman Pierson asked if the fee paid goes toward the current bill or past due? Attorney Blake suggested paid for 2018, still owe penalty plus 2019 and current. Alderman Pierson stated give them a couple of months then move forward.

New Business:

Presentation of Financial Reports by Scott Evans, Budget Officer: Mr. Evans stated sales tax exceeded last year’s total to date. The General Fund is under budget, actual revenues a little under but should be fine due to tax will be receiving next week. The Fire Department is over due to purchased extrication equipment but will balance by next month. Mayor Stephens stated when he was on the Mayor conference call, other mayors reported they are way under on actual revenues so we are doing good.

Presentation by Brooke Guthman from Jackson Growth Alliance: Mayor Stephens stated Ms. Guthman was unable to attend but sent a report. The $5000 request is budgeted, supports the funding and allocation. Alderman Pittman stated we committed to it and budgeted it. Alderman Campos stated this organization and all the groups are involved in revitalizing our town, we should give more. Alderman Bastien stated he supports it.

Motion: To authorize the $5000 payment to Jackson Growth Alliance.

Motion by Alderman BastienSecond by Alderman Campos

Mayor Stephens called for a voice vote. All were in favor.

Motion Carried

Consideration of Resolution to have Advisory Referendum on Adult Use Cannabis Business Establishments: Alderman Pittman stated we had talked about putting this on the ballot. Attorney Blake stated it would be done by a Advisory Referendum due by august 14th. Vote as a majority in favor of (6) to pass. There are six possible licenses. Can do it for one, or multiples. Have to do it now to be on the November 3 ballot. Alderman Pittman asked should the City of Murphysboro allow.? Attorney Blake stated it requires an ordinance – Shall the City Prohibit those businesses…? Alderman Campos asked if should put all six on the ballot? Attorney Blake stated if it is an Advisory Referendum, council can say it is just an Advisory Referendum. Mayor Stephens stated he is voting no but would like to put it on the ballot to see what the people want. Retail establishment selling? Alderman Pittman stated our vote last time was to not allow dispensing. Alderman Pierson asked Advisory only? Yes. So do not have to allow? Mayor Stephens answered correct. Alderman Hughes asked put all six on then they could choose which ones? Mayor Stephens Advisory Referendum takes the temperature of the public. Attorney Blake it would be how the question is framed and can only be one question. Mayor Stephens stated gauge the public sentiment, if put dispensary. Alderman Pierson asked what the cost is to put it on the ballot? Attorney Blake stated Resolution, then city clerk then county clerk. Alderman Erbes stated make it as simple as possible, do not put all six. Mayor Stephens asked who was in favor of putting the question on?

Motion: To Adopt the Resolution that an Advisory Referendum to the voters of the City of Murphysboro at the General Election to be Held November 3, 2020, in the Form of the Question: Shall the City of Murphysboro Prohibit Adult Use Cannabis Dispensing Business Establishments Within the City of Murphysboro?.

Motion by Alderman ErbesSecond by Alderman Campos

Mayor Stephens called for a voice vote. All were in favor except Alderman Pierson and Alderman Pittman, who were opposed.

Motion Carried

No public comment.

Alderman McComb opened discussion for Building & Grounds related items.

Old Business: Nothing at this time.

New Business: Nothing at this time.

No public comment.

Alderman Erbes opened discussion for Community Relations Committee related items.

Old Business: Nothing at this time.

New Business:

Discussion regarding the Adoption of an Ordinance Requiring Masks: Alderman Campos stated are required to wear masks wherever we go. Do not think the Police Department has the manpower and resources to patrol this. Believes in accountability. Totally against police chasing people. Alderman Hughes stated the state is pro-active on businesses to require masks. How many ordinances do we have we don’t enforce, why add another. State has a mandate. Don’t think we have police manpower to go after. Alderman Bastien stated he is in favor of it, be courteous, help each other out. Have had calls of people who are in favor, not hurting anyone by wearing it. Alderman Curry-Witzman stated she is also in favor of it, kids are wearing them at school. Humanitarian. Alderman Pierson stated not burden the police department but don’t know if anyone has it or not but urge everyone to not support businesses that don’t require masks. He supports this, should warn the businesses. Alderman Campos stated she is not against the mask, why make an ordinance when it is a state mandate? Alderman Bastien stated he agreed, show respect by wearing it. Have people who don’t care. Alderman Pittman stated if businesses ask them to leave and they don’t, can call the police for whatever reason. Chief Ellermeyer stated on May 1st, Govenor Pritzker stated businesses have option to require. Spoke to businesses, would highly recommend it but not required. Told them to call and have them removed for trespassing. No one has called. Alderman Erbes stated he supports the requirement of wearing masks. Don’t support an ordinance. Mayor Stephens stated he went and counted at Rural King and Wal-Mart. In one-and-a-half hours counted 122 wearing a mask and twelve not. 90% were wearing them. Not being wildly irresponsible. Voted to uphold Governor’s mandate. Hesitant to adopt mask ordinance. What is the burden of proof if they claim medical reason? Attorney Blake stated the IML prepared a model ordinance the city could use. Public #1 – retired nurse – wears a mask because she does not know who has it, to protect myself and my husband who is compromised. Always been self-aware – wear mask, wash hands. I believe in masks. Public #2 – Michael O’Keefe – teleconferencing – afraid to go anywhere because people refuse to wear a mask in public, should have an ordinance like the city of Carbondale. We need common sense and compassion for others – always wear a mask. Public #3 – Sharon Harris-Johnson – representing senior citizens – we are afraid. Husband is compromised. Know it would be almost impossible for the police department but need to put some teeth into it. You are entrusted with governing our city. Would say a lot about our town if you stood up and made the difficult decision to require masks. Public #4 – Ms. Hopkins – teleconferencing – supports masks. Her parents can’t leave the house. Pass an ordinance that it is at least required at businesses. Motion made by Alderman Pierson to have an ordinance requiring people to wear a mask in businesses. Mayor Stephens asked use the model ordinance? Alderman Bastien stated wear mask until Phase 5, not if under 2, not for physical activity, eating. Alderman Pierson stated adopt the ordinance Attorney Blake presented. Attorney Blake stated from the Illinois Municipal League, more restrictive. Alderman Hughes asked if in it, through phase 5? No, ineffective until council takes action. Then say through phase 5. Alderman Pittman asked if a fine was listed? Attorney Blake stated it does not list one. Mayor Stephens stated should have more details hashed out. Alderman Campos stated mandated all to wear when leave property and disregard the six feet distance? Mayor Stephens stated when social distancing isn’t possible? Alderman Campos answered yes. Alderman Bastien stated listed when have to wear, close interactions or sick. Alderman Erbes asked if we have a motion? Alderman Pierson stated to adopt the Illinois Municipal League model with the changes discussed. Alderman Pittman stated does not want to vote on something have not read.

Motion: To adopt the model ordinance recommended by the Illinois Municipal League.

Motion by Alderman PiersonSecond by Alderman Bastien

Mayor Stephens called for a roll call vote.

Yeas:Alderman Brown, Alderman Pierson, Alderman Bastien

Nays:Alderman Hughes, Alderman Curry-Witzman, Alderman Erbes, Alderman Campos, Alderman Pittman

Absent: Alderman Bratton

No Response: Alderman McComb

Motion Failed

Mayor Stephens encouraged everyone to read the proposed ordinance, will set up a special council meeting. Chief Ellermeyer stated he will speak to all the businesses so they understand the police will remove people if they refuse to wear or remove their mask.

Consideration of Municipality Power of Attorney for Residential Energy Aggregation: Mayor Stephens stated the current agreement expires in 2020.

Motion: To approve Municipality Power of Attorney for Residential Energy Aggregation.

Motion by Alderman HughesSecond by Alderman Pittman

Mayor Stephens called for a voice vote. All were in favor.

Motion Carried

No public comment.

Alderman Bastien opened discussion for Public Improvement related items.

Old business: Nothing at this time.

New business: Nothing at this time.

Mayor Stephens thanked DOT, ET Simonds and the city’s Street Department for all their hard work on Walnut Street, it looks really good.

No public comment.

Mayor Stephens opened discussion for Public Works related items.

Old business:

Consideration of Immanuel Lutheran Proposal for Alley Improvement: Mr. Sheffer stated he looked at the alley regarding drainage issues. Samron is going to add two inches to it, would add to drainage problems. Price to mill two inches off is $3000 additional, money well spent. Mayor Stephens stated received letter from Sara Faye Marten in favor of the work being done. Alderman Campos asked about a sinkhole? Mayor Stephens asked if additional base would be added in some areas? Mr. Sheffer stated the inlet is on the East side, the way it was installed water is draining west, not to the storm sewer. When it is milled, will see if there is anything that can be done. Mayor Stephens stated he thinks this is a good project.

Motion: To move forward with the Project and accept the bid of $9150.00 for the Proposed Alleyway Improvement by Immanuel Lutheran.

Motion by Alderman PiersonSecond by Alderman Bastien

Mayor Stephens called for a voice vote. All were in favor.

Motion Carried

New business:

Consideration of Change Order #1 for the WWTP Road Project: Mr. Sheffer stated installed two feet of rock in certain areas, to haul fill dirt. Increase of $12,772.00. Alderman Pierson asked why that was not in the original bid? Mr. Sheffer stated the area is not drying out like they thought it would.

Motion: To adopt the Change Order #1 for the WWTP Road Project.

Motion by Alderman PittmanSecond by Alderman Campos

Mayor Stephens called for a voice vote. All were in favor.

Motion Carried

Consideration of Payment #1 to Sierra Bravo Contractors for the WWTP Road:

Motion: To Approve Payment #1 to Sierra Bravo Contractors for the WWTP Road Project of $56,251.19.

Motion by Alderman CamposSecond by Alderman Pittman

Mayor Stephens called for a voice vote. All were in favor.

Motion Carried

Consideration of Motor Fuel Resolution for Repaving Intersections on Walnut Street:

Motion: To Adopt the Motor Fuel Resolution for Repaving Intersections on Walnut Street in the Amount of $60,000.00.

Motion by Alderman PittmanSecond by Alderman Hughes

Mayor Stephens called for a voice vote. All were in favor.

Motion Carried

No public comment.

Alderman Brown opened discussion for Public Safety related items.

Old business: Nothing at this time.

New business:

Consideration of Elimination of Parking Lanes from 10th to 11th and 16th to 17th on Walnut Street: Mayor Stephens stated this is the parking lanes on the north side at Joni Beth Bailey’s, she and IDOT requested these be eliminated, safety concern. 16th to 17th Street on the south side, no longer needed, only eliminate the ones in front of Subway and Family Video. Alderman Pittman asked if it could be changed to say 17th Street to the alley? There are also parking spots in front of River Rats, Glam and the assessor’s office and on the north side of Walnut. Mayor Stephens asked to table the matter until he can get clarification. Alderman Campos stated she is ok with eliminating the parking lanes 10th to 11th Street but eliminating the ones on 16th to 17th could be a problem.

Consideration of Declaring Vehicles as Surplus – 2006, 2006 and 2009 Ford Crown Victorias: Chief Ellermeyer stated has three aging vehicles he wants to surplus out.

Motion: To Declare Vehicles as Surplus – 2006, 2006 and 2009 Crown Victorias.

Motion by Alderman HughesSecond by Alderman Pittman

Mayor Stephens called for a voice vote. All were in favor.

Motion Carried

Consideration of Request for 4-Way Stop at 21st & Pine Street: Alderman Bastien stated he has received a request for a four-way stop at this intersection, it currently only has stop signs on north and south sides. People do fly going east and west. Public #1 (teleconference) stated she is speaking for the entire block, lot of children in the neighborhood, it is dangerous. Mayor Stephens stated he has driven it and is surprised it is not already a four-way stop.

Motion: To Approve the Request for a Four-Way Stop Sign at the Intersection of 21st and Pine Streets.

Motion by Alderman BastienSecond by Alderman Pierson

Mayor Stephens called for a voice vote. All were in favor.

Motion Carried

No public comment.

Alderman Hughes opened discussion for Personnel related items.

Old business: Nothing at this time.

New business: Nothing at this time.

No public comment.

MAYOR’S REPORT

Nothing to report at this time.

ALDERMEN ANNOUNCEMENTS/REQUESTS

Barb HughesNothing

Jance Curry-Witzman Nothing

Russell BrownTree blown down at Costa’s, can’t see. Mr. Kennedy stated he will have Mr. Ensor take a look.

William PiersonThanked the Street Dept. for clearing the streets of limbs, did a really good job. Mayor Stephens stated Dr. Ripperda complimented the Street Dept. also.

Gary McCombNo response.

John ErbesNo response.

Dan BrattonAbsent

Mike BastienNothing

Gloria CamposNothing

W. J. PittmanWhen is the Ameren building on 6th street going to be demolished? Spring 2021.

DEPARTMENT HEAD ANNOUNCEMENTS/REQUESTS

Richard BlakeNothing

Sandra RipleyNothing

Scott EvansNothing

Harold ShefferSafe route to School-put signs and striping with Walnut Street striping.

Steve McBrideNothing. Mayor Stephens asked about the occupancy issue at the bars? Chief McBride stated nothing yet, will move forward with it.

Jamie Ellermeyer Nothing

Eric Kennedy Nothing

Tim Lee Nothing

Brian Manwaring Nothing

Darrin Mills Nothing

Pat Gladson Nothing

Katharine Volle: Nothing

Leandra Bryant Nothing

Motion: To go into executive session at 7:59 pm for Act 5 ILCS 120/2(c)(5) meetings where the purchase or lease of real property for the use of the public body is being considered, including meetings held for the purpose of discussing whether a particular parcel should be acquired, and for Act 5 ILCS 120/2(c)(11) meetings held to discuss litigation “when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting..

Motion by Alderman PittmanSecond by Alderman Campos

Yeas: Alderman Hughes, Alderman Curry-Witzman, Alderman Brown, Alderman Pierson, Alderman McComb, Alderman Erbes, Alderman Bastien, Alderman Campos, Alderman Pittman

Nays: None

Absent: Alderman Bratton

Motion Carried

Motion: To come out of executive session at 8:05 p.m.

Motion by Alderman HughesSecond by Alderman Curry-Witzman

Yeas:Alderman Hughes, Alderman Curry-Witzman, Alderman Brown, Alderman Pierson, Alderman McComb, Alderman Erbes, Alderman Bastien, Alderman Campos, Alderman Pittman

Nays:None

Absent: Alderman Bratton

Motion Carried

Motion: To resume regular council meeting at 8:05 p.m.

Motion by Alderman CamposSecond by Alderman Hughes

Mayor Stephens called for a voice vote. All were in favor.

Motion Carried

Motion: To accept the appraisals for Parcel 28 of $5450 and Parcel 11 of $40,600 for the 7th Street Widening Project as presented.

Motion by Alderman PittmanSecond by Alderman Hughes

Mayor Stephens called for a voice vote. All were in favor.

Motion Carried

Motion: To adopt the settlement agreement with Southern FS in 23rd Street Litigation for the amount of $1500.

Motion by Alderman BastienSecond by Alderman Pittman

Mayor Stephens called for a voice vote. All were in favor.

Motion Carried

Motion: To amend the bid price for the Proposed Alleyway Improvement by Immanuel Lutheran to $10,150.

Motion by Alderman PiersonSecond by Alderman Curry-Witzman

Mayor Stephens called for a voice vote. All were in favor.

Motion Carried

Motion: To adjourn

Motion by Alderman CamposSecond by Alderman Curry-Witzman

Mayor Stephens called for a voice vote. All were in favor.

Motion Carried

Meeting adjourned at 8:07 p.m.

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