Carbondale Reporter

Village of De Soto Board of Trustees met Dec. 5.

Here are the minutes provided by the board:

Acting President Eric Schuler called the first 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 : Brian Gleason, Paulette Johnson,Eric Schuler, Jennifer Morgan, Cristy Desormeaux

Absent: Tony Rushing

Motion made by Cristy Desormeaux, seconded by Brian Gleason, to dispense with the reading of the minutes and to approve them. Motion carried.

Motion made by Brian Gleason, seconded by Paulette Johnson, to approve the November expense report. Motion carried.

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

Several residents from Lake Road were present to discuss the proposed settlement agreement with Heather Frakes- Campbell. Village attorney Pat Hoke was present to answer any questions or concerns. President Eric Schuler explained that the settlement agreement was not on the agenda so no vote would be taken until the next board meeting. President Schuler reported that the Village had paid $5,527.50 in legal fees up to this point.

Allison Sutphin asked what the Board would be voting on. President Schuler read the proposed agreement. Mrs. Frakes-Campbell would agree to a court order that she would not keep or permit to be kept any ducks or geese on the property located at 408 E. Jackson St. or any property owned by her within village limits and would comply with the provisions of the village ordinance. Mrs. Frakes-Campbell would also agree to pay a $75.00 fine. The court would retain jurisdiction of the Order for the purpose of enforcing its provisions. Mrs. Frakes-Campbell says she has abated the problem. According to her attorney, the ducks and geese are being housed on the south end of the property outside of village limits, and they are confined in an enclosure at night.

Allison Sutphin asked if the Board considered the situation settled because the ducks and geese are not housed on village limits. Mrs. Sutphin said the ducks and geese are still on village property. Attorney Hoke explained that the ordinance states no ducks or geese can be kept on village limits. Therefore, if Mrs. Frakes-Campbell is housing them outside the village limits, she would be in compliance with the ordinance. Mrs. Sutphin said she did not understand why moving the cages outside the village limits would be considered a settlement.

Brett Sutphin asked what the difference would be if he had a dog he housed on his property at night and then let it run around the neighborhood in the day. The ducks and geese might be enclosed at night but they are on property within the village limits in the day. He was also concerned that the Village would not recover legal fees that resulted from something that someone else did that created a lot of time and money for the Village because of something that should not have happened. He pointed out that the Village raises fees such as sewer and water rates to cover the Village’s cost. In those instances, increases in the Village’s cost are passed down to the customer, but now the rest of the village that hasn’t violated anything would be asked to cover the cost of these legal fees and any other cost. He said that the Board should reconsider the proposed settlement when it comes to these fees.

Trustee Cristy Desormeaux asked if moving the enclosures had made any difference. Mr. Sutphin said the volume of the animals was a lot less as when they first came to the Board, but there were still violations. Nicole Galloway stated that they are still on property in the village limits; they are still on the road; and they are still in her yard.

When asked, Attorney Hoke explained that if the Board does not approve the agreement, the case would go to trial. She didn’t feel a counter proposal would be accepted by the defendant. The Village could make their case to the judge for such things like the birds are still a problem, and the Village would like to recover costs. This is a challenging situation. Even though the ducks and geese are housed outside the village limits at night, they migrate to areas within the village limits in the day. She said it is difficult to control birds that fly over fences and get on lakes. It is difficult to determine what a judge would decide.

Mr. Sutphin stated that he and the others had not had their chance to speak to anyone other than the Board.

Nicole Galloway stated that she had wondered why the Village did not move forward with going to the judge because that would have been the end of the road. The judge makes the decision; it’s out of the Village’s hands; and we move forward with whatever that decision is. She was hoping to see the Village recover the legal fees.

Motion made by Jennifer Morgan, seconded by Paulette Johnson, to renew the contract with Rice Sullivan, LLC to audit the Village’s financial records for the years ended April 30, 2023, 2024, and 2025 with a cost of $11,200.00 for the year ending April 30, 2023, $11,300.00 for the year ending April 30, 2024, and $11,400.00 for the year ending April 30, 2025. Upon roll call vote: Brian Gleason – Yes; Paulette Johnson – Yes; Eric Schuler – Yes; Jennifer Morgan – Yes; Cristy Desormeaux. Motion carried.

Motion made by Brian Gleason, seconded by Paulette Johnson, to approve the 2023 regular meeting schedule. Motion carried.

Trustee Jennifer Morgan pointed out on the 2023 holiday schedule that the date for the day after Thanksgiving holiday should be November 24, 2023 instead of November 25, 2023.

Motion made by Cristy Desormeaux, seconded by Brian Gleason, to approve the 2023 holiday schedule as amended. Motion carried.

Trustee Brian Gleason reported that Police Officer Eric Howard had resigned his position. The Village will advertise for a full-time police officer after the first of the year.

Christmas at the Gazebo went well. It was well attended and a good time for all. A special thanks goes out to Howard (Kelly) Kellett for providing the music and the PA system.

Milk and Cookies with Santa will be held Saturday, December 10 from 9:00-11:00 AM.

The next regular Village board meeting will be held Monday, December 19, 2022 at 7 PM at the village hall.

Motion made by Brian Gleason, seconded by Cristy Desormeaux, to adjourn at 8:42 PM. Motion carried.

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