South Central Reporter

City of Litchfield City Council met Nov. 7.

Here are the minutes provided by the council:

Mayor Steven Dougherty called the Regular Meeting to order at 6:30 p.m. The Pledge of Allegiance was recited. Present on roll call were Alderpersons Dwayne Gerl, Josh Hughes, Kassidy Paine, Jacob Fleming, Marilyn Sisson, Sara Zumwalt, Robbin Huffman, and Ray Kellenberger. The Mayor declared that a quorum was present.

Mayor’s Report:

Mayor Dougherty presented a Memorial Plaque to the family of long-time employee Sandy Bishop who lost her battle with cancer. The plaque will be installed at Lake Lou Yaeger’s Marina 1 on Saturday, November 9th at 2:00 P.M. All were invited to attend and say a few words about Sandy. At the request of Sandy’s family, a group photo was taken.

Police Chief Kenny Ryker recognized Sergeant Tommy Melchert for exemplary service. Chief Ryker recognized Sergeant Melchert for not only a specific case, but also for his award with the National Police Hall of Fame in recognition of his investigative abilities. Chief Ryker explained that Sergeant Melchert utilized his skills to respond to a report of a firearm stolen by a juvenile and successfully removed three firearms off the streets. Chief Ryker noted that Sergeant Melchert was nominated for the award by another Sergeant, confirming that his peers recognize him with pride. Chief Ryker thanked Sergeant Melchert for what he has done and will do in the future for our Police Department and especially for his skill set he is passing on to another generation.

Mayor Dougherty continued the theme of the meeting by acknowledging the 150-year anniversary of the Fire Department. On October 26th of this year, over 500 residents came together for an open house to celebrate the 150 years of the Fire Department. This turnout testifies to the strong bond the Fire Department has with its community. Mayor Dougherty thanked the Firefighters and EMTs for their hard work and bravery, reminding them that it does not go unnoticed.

Other Business:

Alderperson Gerl made a motion, seconded by Alderperson Kellenberger, to accept the minutes from the November 7, 2024, regular meeting.

The Mayor directed a roll call vote.

Aye: Sisson, Zumwalt, Gerl, Huffman, Paine, Fleming, Hughes, Kellenberger.

Nay: None.

Absent: None.

Motion carried.

Alderperson Fleming made a motion seconded by Alderperson Hughes to direct the transfer of funds from the city sales tax to the City’s general fund to issue checks and authorize to pay the bills and process payroll.

The Mayor directed a roll call vote.

Aye: Sisson, Zumwalt, Gerl, Huffman, Paine, Fleming, Hughes, Kellenberger.

Nay: None.

Absent: None.

Motion carried.

Old Business: None

New Business:

Discussion:

Mayor Dougherty brought the City Council up to date on negotiations with Montgomery County for animal control services and stated he is aiming to have a resolution by the first of the year. Mayor Dougherty stated that this is discussed at Mayors meetings and negotiations have been going on for quite a while. He noted that every time they think they have a deal, another issue arises. Dougherty summarized proposals involving per-capita fees and call-out fees. Concerns consist of the cost of call-out fees, that it would take several minutes for the officer to arrive. He stated that they are waiting on an answer from the County as to whether the City would have to pay a call-out fee if the animal is gone by the time the officer arrives to retrieve it. Other concerns involve animal registration, no responsibility to the derelict pet owners. Mayor Dougherty stated they are seeking answers from the County on concerns, and he has a meeting scheduled for next week to further discuss. He said the policy & procedure manual presented is a draft and he is not comfortable agreeing to a draft. Dougherty said he will bring a proposal to the County to consider. He insists that State Statute required that the County be responsible for animal control services.

Alderperson Huffman asked questions about the current dog registration process, to which Dougherty responded. Chief Ryker detailed the history of animal control services for the City, noting that the City had a full-time animal control officer until around 2010. They then contracted with the county and the system to contact them created issues, and they were having to haul animals to Hillsboro to secure them, which caused officer safety issues. After reviewing the history and sharing examples of how the system worked, Chief Ryker asked that the Council consider the impact on officers when negotiating services and to be careful that the duty doesn’t fall on officers. Vazquez noted that the City does not have interest in making this a Police Department responsibility, but rather we’d like to contract out all animal control related services. Alderperson Fleming noted that, while concerns are valid, he would like the communities to get together and find a resolution, because right now we have no animal control services. Alderperson Paine asked how we can require a dog owner comply with our registration system when they pick up their dog. Vazquez said we would need to send them a notice that they are in violation, and if they will not comply, cite them with an ordinance violation and assess fines. Alderperson Gerl asked if any other communities have signed a contract with the County for animal control services, to which Dougherty replied that some have, but they are smaller communities with less calls who signed when the contract was $1.50 per capita.

Alderperson Zumwalt asked whether we can explore contracting with Macoupin County animal control if we cannot reach an agreement with Montgomery County. Dougherty said he made that suggestion to the previous county board chairman, but it’s something we can look at.

Alderperson Fleming noted that County Board Member Bill Bergen is present and asked if he has any comments. Bergen noted that negotiations have been ongoing for a long time, and that counter proposals continue to be made. Bergen said that the State’s Attorney advised that the County is only responsible for animal bites and rabies, and that they should not be going into communities to provide other services that they do not have a contract for. Dougherty said that is an interpretation of the statute and that the statute mandates that the County operates animal control, and it allows municipalities to add to the enforcement but does not mandate them to do that. Dougherty said he does not agree with the County’s interpretation of the statute.

Vazquez said that it sounds like the City’s main concern is call-out fees and asked if a flat rate that covers the average of the anticipated call volume has been discussed. She suggested having a provision that, at the end of 6 months or a year, they can adjust the fee if the volume is significantly overestimated or underestimated. Bergen stated that they have worked with the Committee Chairman on a contract, it was approved by the Board, and there were no if ands or buts about the contract, or negotiating it. Vazquez asked that Bergen send a copy of the approved contract to review, to which Bergen stated Dougherty should have, to which Dougherty replied that he hasn’t received.

Kellenberger asked why the County is being hardball about the agreement. Bergen said it’s been going on so long that they have tried to address everyone’s concerns and passed a contract that they felt was right. Vazquez said she would like to review the contract and have the City Attorney read the contract and asked if there is room for negotiation or if it’s a take it or leave it situation. Bergen said he can’t answer that, as he is just one member of the board.

Fleming asked McGinley what options we have if both agencies are deadlocked in their position on the state statute. McGinley said a declaratory judgment may be able to be made. Vazquez said we have never asked the City Attorney to review the statute. She suggested we have him review the contract and the statute before proceeding. Dougherty said he has seen nothing with hard numbers, and Bergen said he’d make sure the County sends over the contract.

Lake:

Alderperson Huffman made a motion, seconded by Alderperson Gerl, to approve a Resolution approving a Design Engineering Agreement with Milano & Grunloh Engineering for an amount not to exceed $48,000.00 and a Construction Engineering/Material Testing Agreement for an amount not to exceed $30,000.00 for the expansion of the Bicentennial Campground.

The Mayor directed a roll call vote.

Aye: Sisson, Zumwalt, Gerl, Huffman, Paine, Fleming, Hughes, Kellenberger.

Nay: None.

Absent: None.

Motion carried.

Streets:

Alderperson Gerl made a motion, seconded by Alderperson Huffman, to accept a bid for a Ford F-150 pick-up truck from Victory Lane for an amount not to exceed $51,229.00.

The Mayor directed a roll call vote.

Aye: Sisson, Zumwalt, Gerl, Huffman, Paine, Fleming, Hughes, Kellenberger.

Nay: None.

Absent: None.

Motion carried.

Water:

Alderperson Fleming made a motion, seconded by Alderperson Paine, to approve a compressed air preventative maintenance proposal with Power Supply Industries to service the newly installed membrane air compressors at the Water Treatment Facility.

The Mayor directed a roll call vote.

Aye: Sisson, Gerl, Huffman, Paine, Fleming, Hughes, Kellenberger.

Abstain: Zumwalt.

Nay: None.

Absent: None.

Motion carried.

Economic Development:

Alderperson Kellenberger made a motion, seconded by Alderperson Zumwalt, to approve an Ordinance approving and authorizing the Mayor to execute an emergency roof grant agreement with Erik and Meghan Hyam for 606 N. State street, and other actions related thereto.

The Mayor directed a roll call vote.

Aye: Sisson, Zumwalt, Gerl, Huffman, Paine, Fleming, Hughes, Kellenberger.

Nay: None.

Absent: None.

Motion carried.

Economic Development:

Alderperson Kellenberger made a motion seconded by Alderperson Gerl to approve a bid from 3D Excavating to install 3440’ of 4” electric conduit at the West Side Industrial Park for an amount not to exceed $63,000.00.

The Mayor directed a roll call vote.

Aye: Sisson, Zumwalt, Gerl, Huffman, Paine, Fleming, Hughes, Kellenberger.

Nay: None.

Absent: None.

Motion carried.

Executive Session

Alderperson Kellenberger made a motion, seconded by Alderperson Gerl, to enter into Executive Session, as allowed under the Illinois Open Meetings Act, as found in Chapter 5 of the Illinois Compiled Statutes, section 120, to address these certain and restricted items:

• “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.” (5ILCS 120/2(2)(C)(11)
• “The appointment, employment, compensation, discipline, performance, or dismissal of specific employees, specific individuals who serve as independent contractors in a park, recreation, or education setting, or specific volunteers of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee, a specific individual who serves as an independent contractor in a park, recreational, or educational setting, or a volunteer of the public body or against legal counsel for the public body to determine its validity. However, a meeting to consider an increase in compensation to a specific employee of a public body that is subject to the Local Government Wage Increase Transparency Act may not be closed and shall be open to the public and posted and held in accordance with the Act.” (5 ILCS 120/2(2) (C) (3)
• “The selection of a person to fill a public office, as defined in this Act, including a vacancy in a public office, when the public body is given power to appoint under law or ordinance.” (5 ILCS 120/2(2) (C) (3)
• “Discussion of minutes of meeting lawfully closed under this Act, whether for purposes of approval by the body of the minutes or semi-annual review of the minutes as mandated by Section 2.06.”  (5 ILCS 120/2(2) (C) (21)
• “The purchase or lease of real property for the use of the public body, including meetings held for the purpose of discussing whether a particular parcel should be acquired.” (5ILCS 120/2(C) (5))

The Mayor directed a roll call vote.

Aye: Sisson, Zumwalt, Gerl, Huffman, Paine, Fleming, Hughes, Kellenberger.

Nay: None.

Absent: None.

Motion carried.

Executive Session was entered into at 7:20 p.m.

Return to Regular Session at 8:44 p.m.

New Business:

Alderperson Zumwalt made a motion, seconded by Alderperson Kellenberger to approve the Executive Session Minutes as written.

The Mayor directed a roll call vote.

Aye: Sisson, Zumwalt, Gerl, Huffman, Paine, Fleming, Hughes, Kellenberger.

Nay: None.

Absent: None.

Motion carried.

Having no further business, Alderperson Kellenberger made a motion, seconded by Alderperson Gerl, to adjourn the regular meeting of the Litchfield City Council. The Mayor called for a voice vote, motion carried, and the regular meeting was adjourned at 8:50 p.m.

https://www.cityoflitchfieldil.com/AgendaCenter/ViewFile/Minutes/_11072024-348