Carbondale Reporter

Village of DeSoto Board of Trustees met Aug. 16.

Here are the minutes provided by the board:

President Douglas Hexamer called the second regular monthly meeting of the De Soto Village Board of Trustees to order at 7:00 P.M. Village Clerk Paula Parks was present to record the minutes.

Present: Douglas Hexamer    Tony Rushing

   Brian Gleason          Paulette Johnson

   Eric Schuler

Absent: Jennifer Morgan       Cristy Desormeaux

Motion made by Tony Rushing, seconded by Paulette Johnson, to dispense with the reading of the minutes and to approve them. Motion carried.

Motion made by Eric Schuler, seconded by Tony Rushing, to approve the July revenue report. Motion carried.

Motion made by Brian Gleason, seconded by Tony Rushing, to pay the list of bills. Upon roll call vote: Tony Rushing – Yes; Brian Gleason – Yes; Paulette Johnson – Yes; Eric Schuler – Yes. Motion carried.

President Douglas Hexamer then opened the hearing for Mrs. Heather Frakes-Campbell to appeal the terms of the Nuisance Violation Notice she had received in regard to her ducks and geese. Mrs. Frakes-Campbell stated that she was challenging the terms of the violation notice.

Jennifer Morgan entered the meeting at 7:03 PM and took her seat.

Mrs. Frakes-Campbell said she has always planned to move the birds to the sheds and shelter on the south end of the property and was trying to purchase more property to have a place to put them. The property lines on the water are also an issue.

Cristy Desormeaux entered the meeting at 7:06 PM and took her seat.

Mrs. Frakes-Campbell contested the statement on the notice that there were a large number of ducks and geese. She said some of the ducks and geese were migratory, and she cannot contain them. She stated that she had reduced the number of ducks by 60 in the last several months and another 15 were supposed to be picked up. She currently has about 40 geese and 100 ducks. Mrs. Frakes-Campbell also stated the EPA said the lake is a free-flowing watershed. She said there is no pollution problem or health hazard on the lake; the birds are healthy and not toxic so disease is not an issue with them; and 30 days was not enough time to move the birds. Mrs. Frakes-Campbell hoped to have all of the birds moved by the end of the year. She has put up a fence to keep the birds off of the neighboring properties so she feels they are no longer a nuisance.

Nicole Galloway again explained that last fall and winter there was so much fecal matter from the ducks and geese in their yard that it was unsafe for the children to play and the grass in their yard had been destroyed. She reiterated her research about the dangers of bird feces such as bacterial contamination. These are the reasons they have been at the board meetings asking the Board to decide on what they are going to allow. Because the Board has begun to take action, they are now able to use their yard, and their son can play ball without the fear that the ball will roll into bird feces.

Rick Galloway said this issue has been ongoing for years. He asked the Board to resolve the problems by enforcing the ordinances in place.

Andrew Zieba, whose property is on the north end of the lake, expressed his opinion that there should be some ducks and presented his reasons why he felt that way.

Trustee Paulette Johnson commented that ducks at large are illegal in the state of Illinois and that ducks are not allowed in the village limits. She stated that the important issue is what the city ordinance says. Attorney Pat Hoke explained that when the animal code was amended in 2018 allowing for no ducks and geese in the village limits, the number of ducks and geese Mrs. Frakes-Campbell had at that time would be grandfathered in, but she was not to increase the population. Attorney Hoke pointed out that migratory fowl that fly in and out cannot be controlled. However, the notice Mrs. Frakes- Campbell received was a nuisance notice and had nothing to do with whether the ducks and geese were grandfathered in. It has to do with the fact that they are interfering with other people’s use of their property and that is a nuisance. Therefore, the ducks and geese had to be removed from the property at 408 E. Jackson St. to abate the nuisance.

Trustee Brian Gleason noted that the purpose of this hearing was to address Mrs. Frakes-Campbell’s appeal to the terms of the Nuisance Violation Notice. The case had already been established that they are a nuisance, which is why the notice was sent, and the Village has an ordinance that there are to be no ducks in village limits. Trustee Gleason asked Mrs. Frakes-Campbell what she was asking the Board to do in regard to the notice. Mrs. Frakes-Campbell asked for an extension of time to move the sheds and shelters to the south end of the property, which is outside of city limits. She said it would probably take until the end of the year.

Board members felt this issue had been ongoing long enough, and Mrs. Frakes-Campbell has had ample time to move the birds.

Motion made by Tony Rushing, seconded by Paulette Johnson, to abide by the nuisance ordinance and move the ducks and geese out of the city limits and to extend the time for an additional two weeks from today. Upon roll call vote: Tony Rushing – Yes; Brian Gleason – Yes; Paulette Johnson – Yes; Jennifer Morgan – Yes; Cristy Desormeaux – Yes; Eric Schuler – Yes. Motion carried.

The hearing ended at 7:57 PM.

Motion made by Paulette Johnson, seconded by Tony Rushing, to go into executive session at 8:00 PM to discuss land acquisition and the sale of land, pursuant to 5 ILCS 120/2(c)(5). Upon roll call vote: Tony Rushing – Yes; Brian Gleason – Yes; Paulette Johnson – Yes; Jennifer Morgan – Yes; Cristy Desormeaux – Yes; Eric Schuler – Yes. Motion carried.

Motion made by Tony Rushing, seconded by Paulette Johnson, to come out of executive session at 8:52 PM. Upon roll call vote: Tony Rushing – Yes; Brian Gleason – Yes; Paulette Johnson – Yes; Jennifer Morgan – Yes; Cristy Desormeaux – Yes; Eric Schuler – Yes. Motion carried.

Motion made by Paulette Johnson, seconded by Eric Schuler, to purchase the property at 213 and 215 N. Walnut St. from Maria Tehandon for $6,000 plus the prorated portion of the 2021 real estate taxes with an estimated closing date in 60 days. Upon roll vote: Tony Rushing – Yes; Brian Gleason – Yes; Paulette Johnson – Yes; Jennifer Morgan – Yes; Cristy Desormeaux – Yes; Eric Schuler – Yes. Motion carried.

Motion made by Paulette Johnson, seconded by Jennifer Morgan, to sell the property at 402 E. Main St. for $6,000 to Matthew LeForge, pending that amount being at least 80% of the appraised price. Upon roll call vote: Tony Rushing – Yes; Brian Gleason – Yes; Paulette Johnson – Yes; Jennifer Morgan – Yes; Cristy Desormeaux – Yes; Eric Schuler – Yes. Motion carried.

Motion made by Cristy Desormeaux, seconded by Eric Schuler, to fund President Douglas Hexamer’s expenses to attend the Illinois Municipal League Annual Conference in Chicago, Illinois, not to exceed $1,000.00. Upon roll vote: Tony Rushing – Yes; Brian Gleason – Yes; Paulette Johnson – Yes; Jennifer Morgan – Yes; Cristy Desormeaux – Yes; Eric Schuler – Yes. Motion carried.

Trustee Paulette Johnson stated that the grind rail at the skate park had been replaced.

Trustee Johnson reported that Du Quoin State Bank hopes to open a branch in De Soto by the end of the year.

Since Administrative Assistant Jana Fann and Utilities Clerk Tricia Burns are using their personal vehicles to drive to Murphysboro to make bank deposits, Treasurer Dana Smith recommended paying mileage on a monthly for them to travel to make the deposits.

Motion made by Jennifer Morgan, seconded by Tony Rushing, to pay Administrative Assistant Jana Fann and Utilities Clerk Tricia Burns for their mileage at the IRS rate of $.55 per mile to travel to make bank deposits. Upon roll call vote: Tony Rushing – Yes; Brian Gleason – Yes; Paulette Johnson – Yes; Jennifer Morgan – Yes; Cristy Desormeaux – Yes; Eric Schuler – Yes. Motion carried.

Village Clerk Paula Parks explained that as part of the American Rescue Plan Act (ARPA), the Village of De Soto is eligible to potentially receive $204,188.20 from the Coronavirus Local Fiscal Recovery Fund. These funds may be used only for specific, eligible expenses as defined by the act. In order to participate in and receive the funding, it is advisable, necessary and in the best interest of the Village to enter into the Corona Virus Local Fiscal Recovery Fund Award Terms and Conditions and to provide the Assurances of Compliance with Civil Rights Requirements.

Motion made by Eric Schuler, seconded by Brian Gleason, to pass Ordinance 2021-4 Pertaining to the Corona Virus Local Fiscal Recovery Fund award. Upon call vote: Tony Rushing – Yes; Brian Gleason – Yes; Paulette Johnson – Yes; Jennifer Morgan – Yes; Cristy Desormeaux – Yes; Eric Schuler – Yes. Motion carried. Ordinance incorporated by reference.

Motion made by Eric Schuler, seconded by Jennifer Morgan, to table approval of the financial audit until the next meeting to give the trustees time to review the audit. Motion carried.

The next board meeting will be held Tuesday, September 7, 2021 at 7:00 PM at the village hall.

Motion made by Jennifer Morgan, seconded by Paulette Johnson, to adjourn at 9:21 PM. Motion carried.

http://villageofdesoto.com/board-members--village-minutes--forms.html