City of Carbondale City Council met Nov. 23

By Angelica Saylo Pilo

Jan 20, 2022

City of Carbondale City Council met Nov. 23.

Here are the minutes provided by the council:

Council Members present:

Councilmember Jeff Doherty, Councilmember Lee Fronabarger, Councilmember Tom Grant, Councilmember Carolin Harvey, Councilmember Adam Loos, Councilmember Ginger Rye Sanders, and Mayor John M. Henry

A Local Liquor Control Commission meeting preceded the City Council meeting. Meeting called to order at 6:21 p.m.

5. Preliminaries to the City Council Meeting

5.1 Roll Call

5.2 Citizens' Comments and Questions

None.

5.3 Council Comments, General Announcements, and Proclamations Councilmember Harvey wished everyone a safe and happy Thanksgiving. She also thanked Senator Fowler and his helpers for distributing food for those in need throughout Southern Illinois.

Councilmember Grant stated that he received his COVID booster and announced that vaccinations are now available to children as low as age five. He also wished all a safe and happy Thanksgiving.

Mayor Henry stated that he also received the COVID booster at the clinic held at City Hall hosted by the Jackson County Health Department.

Councilmember Rye-Sanders expressed concern about construction sites in Carbondale that doesn’t reflect minority hiring and suggested a local hiring mandate. She also announced the forming of an organization called Moms and Dads for Fair Justice whose goal is to ensure fair justice for their children, particularly those who are incarcerated.

Councilmember Fronabarger announced the upcoming annual Lights Fantastic Parade.

Councilmember Loos agreed with Councilmember Rye Sanders’ sentiments regarding the establishment of a local hire mandate on local construction sites.

Councilmember Harvey announced that due to the Thanksgiving holiday the trash pickup will be delayed one day.

6. Public Hearings and Special Reports

None

7. Consent Agenda of the City Council

Action (Consent): 7.1 City Council Meeting and Public Hearing Minutes from November 9, 2021.

Resolution: Approve the minutes from the regular City Council meeting and Public Hearing on November 9, 2021.

Action (Consent): 7.2 Approval of Warrant for the Period Ending: 11/12/2021 for the FY 2022 Warrant 1420 in the Total Amount of $1,929,900.68

Resolution: Accept the following report of payments made for the period ended: 11/12/2021 totaling $1,929,900.68 (Exhibit A 11-23-2021)

Action (Consent): 7.3 Approval of Consent Agenda Items

Resolution: Approve all Consent Agenda items not pulled for separate consideration MOTION: Approve all Consent Agenda items not pulled for separate consideration

Motion by Tom Grant, second by Carolin Harvey.

Final Resolution: Motion Carries

Yea: Jeff Doherty, Lee Fronabarger, Tom Grant, Carolin Harvey, Adam Loos, Ginger Rye Sanders, John M Henry

8. General Business of the City Council

8.1 Ordinance Approving, and a Resolution Denying, Jim Keller's Request to Rezone Property Located on New Era Road, Northwest of Charles Road from AG, Agriculture, District, to PUD, Planned Unit Development District

The proposed housing that is to be built on this location is very modern in nature. The main concern from Council was whether it will meet the criteria of the City’s building code. It was also pointed out that the background information says that this will be a mixed use housing development, but does not specify what those mixed uses are.

Community Development Manager John Lenzini stated that every house will meet the building code as well as the International Energy Conservation Code.

As far as the mixed use development is concerned, Mr. Lenzini believes that the owners are planning for single family housing and possibly short or long term rentals.

MOTION: Adopt an Ordinance Approving the Rezoning of Property Located at New Era Road, Northwest of Charles Road, from AG, Agriculture District, to PUD, Planned Unit Development District.

Motion by Jeff Doherty, second by Lee Fronabarger.

Final Resolution: Motion Carries

Yea: Jeff Doherty, Lee Fronabarger, Tom Grant, Carolin Harvey, Adam Loos, Ginger Rye Sanders, John M Henry (Ordinance 2021-33; Exhibit B 11-23-2021)

8.2 Ordinance Amending the Non-Bargaining Unit Employee Personnel Rules and Regulations as it Relates to Grade 8 Residency Requirements and Anti-Nepotism

Questions arose in regard to anti-nepotism and if there is any mention regarding the city employee/councilmember familial relationship. It was noted that this particular situation is not mentioned in the anti-nepotism ordinance, but it is addressed in the City Code.

The Grade 8 residency requirement topic has been discussed several times in the past, but not officially voted on. It was suggested that these items be bifurcated for separate discussion and consideration.

MOTION: Divide the question.

Motion by Adam Loos, second by Tom Grant.

Final Resolution: Motion Carries

Yea: Jeff Doherty, Lee Fronabarger, Tom Grant, Carolin Harvey, Adam Loos, Ginger Rye Sanders, John M Henry

MOTION: Approve an ordinance amending the Non-Bargaining Unit Employees’ personnel rules and regulations as it relates to anti-nepotism.

Clarification was needed in regards to the anti-nepotism language. It was understood that the anti-nepotism language is not currently a part of the Non-Bargaining Unit Employees (NBUE) rules and regulations, but it is an ordinance in the City Code.

This was written to be very clear about what is amended in the City Code about familial relationships and add a section with the same language in the NBUE rules and regulations as most employees tend to refer to it for personnel issues rather than the City Code.

Motion by Adam Loos, second by Ginger Rye Sanders.

Final Resolution: Motion Carries

Yea: Jeff Doherty, Lee Fronabarger, Tom Grant, Carolin Harvey, Adam Loos, Ginger Rye Sanders, John M Henry

MOTION: Approve an ordinance amending the Non-Bargaining Unit Employees' personnel rules and regulations as it relates to the grade 8 residency.

The majority of the members of Council were not in favor of amending the residency requirement for grade 8 employees. Many would prefer that all employees live in the city, but those employees in a managerial role and who are influential on the direction of policy should especially live in the city. They feel that it is unfair that employees who work for and are paid by the city take their pay away to support the cities and communities that they live in. When taxes and policies are put in place it affects the people who live in Carbondale the most. Carbondale should be good enough where people can be both an employee and a resident and support the community in which they work for.

Questions and comments regarding this topic included the current number of grade 8 employees on staff, the number of those grade 8 employees that are public safety, availability of annexations for employees, and to clarify that this ordinance would not apply to current employees, but to anyone hired after the fact. Those employees will be required to abide by the residency requirement.

Dawn Roberts expressed her views on the topic. She stated that it’s not about a person’s loyalty, but it’s about being a part of the community. When you aren’t a part of the community that you’re serving it can create a disconnect and make it difficult to enforce rules and regulations. There is no way to truly understand a community unless you are a part of it.

Motion by Adam Loos, second by Tom Grant.

Final Resolution: Motion Fails

Nay: Jeff Doherty, Lee Fronabarger, Tom Grant, Carolin Harvey, Adam Loos, Ginger Rye Sanders, John M Henry

8.3 Council Discussion and Approval of a Process for Community Agencies to Request American Rescue Plan Act Funding

Council discussed if the funds will be distributed between local agencies/organizations and City projects and if so, what amount or percentage will be designated. More information was requested before determining what those amounts should be.

It was suggested that the funds be spread over the term of the funding and not spent all at one time. The money does not have to be obligated right away as there is a significant span of time to work with. Members of Council believe the funds should be used carefully and fairly by making sure they are used for the right reasons and, above all, benefit all citizens of Carbondale. Members of Council felt that the hospitality industry, City employees who continued to work during COVID, and small businesses that were heavily impacted by COVID and did not qualify for relief should be considered for funding. The recently passed infrastructure bill may have an effect on the use of funds. It is possible that potential City projects may be covered under the infrastructure bill which will open up possibilities of using ARPA funding elsewhere.

MOTION: Approve a process for community agencies to request ARPA funding.

Motion by Adam Loos, second by Tom Grant.

Final Resolution: Motion Carries

Yea: Jeff Doherty, Lee Fronabarger, Tom Grant, Carolin Harvey, Adam Loos, Ginger Rye Sanders, John M Henry

9. Executive Session

9.1 Executive Session to Discuss the Purchase or Lease of Real Property for the use of the Public Body

MOTION: Enter into Executive Session to discuss the purchase or lease of real property for the use of the public body pursuant to 5 ILCS 120/2(c)(5) of the Illinois Open Meetings Act.

Motion by Jeff Doherty, second by Carolin Harvey.

Final Resolution: Motion Carries

Yea: Jeff Doherty, Lee Fronabarger, Tom Grant, Carolin Harvey, Adam Loos, Ginger Rye Sanders, John M Henry

Open session meeting recessed at 7:59 p.m.

9.2 Return to Open Session

MOTION: Return to Open Session

Motion by Carolin Harvey, second by Tom Grant.

Final Resolution: Motion Carries

Yea: Jeff Doherty, Lee Fronabarger, Tom Grant, Carolin Harvey, Adam Loos, Ginger Rye Sanders, John M Henry

Open Session resumed at 8:04 p.m.

10. Adjournment of the City Council Meeting

10.1 Adjourn meeting