Peoria Standard

City of Canton City Council met Dec. 17.

Here is the minutes provided by the Council:

A regular meeting of the Council was held on December 17, 2019 (6:30 p.m.) in the Council Chambers, The Donald E. Edwards Way-50 North 4th Avenue, Canton, Illinois 61520.

Staff in Attendance

Mayor Kent McDowell, Attorney Chris Jump, City Clerk Diana Pavley Rock, Treasurer Crystal Wilkinson, Public Safety Director Richard Fairburn, Street Superintendent Ron Robinson, System Maintenance Superintendent Dash Wilson, City Engineer Keith Plavec, Sexton Kyle Jansen

Media in Attendance:

Daily Ledger, Fulton Democrat

Video Services By Joe Ginger

Pledge of Allegiance Opened the Meeting

Invocation

Recognition- 7th Grade Girls basketball team - 2nd place in the state tournament

Public Participation - Lon Henderson

Lon Henderson stated the following:

My purpose for speaking tonight is threefold. First, I want to thank City Attorney Jump for clarifying how it was perceived that we had an attorney. When we first heard that our request was denied, I contacted Mr. Jim Elson who was my father's longtime attorney and asked if he would contact the City to see if we could meet to discuss the situation. He returned my call a few days later and shared with us that he was unable to help us and if there was going to be legal proceedings, we would need to contact someone else as this was not his area of expertise. According to Mr. Jump, by making this phone call it was his understanding that we had in fact retained counsel. I certainly didn't understand that this was the case nor were we ever asked by the previous city attorney If we had retained counsel. I also want to share with the Council that in a guidance memo that Sexton Kyle provided to me from ICFHA dated April 22, 2016 regarding the guidance of burying cremains atop a casket, one of the directors listed on the memo is actually from my community. On Friday, September 13, I spoke with the managers of Sunset and provided them with this scenario and asked about their procedures. They said that their general policy is similar, however they maintain discretion. So, even though their employee was a director of the association, and approved this guidance, when I asked if Sunset would honor our request, their answer was "absolutely" and they would have allowed us to purchase an additional right at the gravesite. Especially since the current gravesite were cremains and not a casket. | have already stated that as a Director of Spring Hill Cemetery in Danville, we would have allowed the burial.

Secondly, in reviewing the Cemetery Oversite Act, I realize that it was effective as March 1, 2010. At that time, both of my parents were alive as my father, Jerry passed on May 20, 2011 and my mother, Ann Marie on May 3, 2016. The guidance memo from the illinois Cemetery and Funeral Home Association dated April 12, 2016, and I repeat guidance, for burial of cremains on top of a casket was also prior to my mother's death. Had any of these procedures been put in place at that time, my father/mother would have been alive and able to consider giving permission. I'd like to remind each of you that we are not asking to have the cremains atop a casket but in a plot that contains our mother's cremains. The City Council adopted these rules on December 18, 2018, only six months prior to Piper Ann Marie's death and over 8 years from the passing of the Act. In most cases, as an example, the state teacher retirement, rights earned are honored for those that retired prior to the legislative changes and are not impacted by new legislation. I don't know why this would be any different in this case. In addition, the Cemetery Act adopted 2010 was very clear on what the contract needs to include. If you would look at the agreement that my father received upon his purchase in 1993, you will see that there is only a description of the plots and the amount paid. Absent of any detail now required in the Act, my understanding would be that this contract would follow the procedures of the Cemetery at the time of his purchase. When asking Sexton Kyle, he stated we have to start somewhere. We have already stated that current lot owners were not notified of the changes made in December 2018. Our Aunt Kathy, wife of Tyrone Henderson, when hearing of our dilemma, was surprised as she had planed on having her cremains interred on her husband's plot and then utilizing her adjoining lot for one of her children. She plans on contacting the cemetery. Our Aunt Ann, wife of Carole Henderson, when inquiring with Oak Hies Funeral Home about preplanning her arrangements was told by the funeral home and then completed the necessary fees and arrangements. If she hadn't made that phone call to the funeral home, her children, our cousins, would also have been impacted the same as we are. I am certain, that we are not the only family impacted by this change and that this concern will arise again.

Lastly, our family understands interments rights, and that the Cemetery has the right to make rules and policies, even though these new rules were made after both of our parents passed. I believe allowances should have been made for those purchases made prior to this change, and notification should have been provided to current lot owners. My father trusted me not only as executor of his estate, but to continue to make decisions that were in the best interest of our family He emphasized and demonstrated family values, and it was impressed upon me as the oldest to provide guidance and take care of family matters once he was gone. It was understood that I was to do the right things for my brothers and their families. My brothers and I understand your current policies and we are only asking that there be consideration for a variance in order that the ashes of Piper Ann Marie Henderson be on our mother's gravesite.

I am a Rotarian in Danville and prior to every meeting, we give the Pledge to the Flag of our great Nation and then recite this four-way test:

Is it the Truth?

Is it fair to all concerned?

Will it build goodwill and better friendships?

Will it be beneficial to all concerned?

I try to follow these principles and I hope that you will consider them when you vote this evening. We cherish our hometown and want to put this situation behind us not only for ourselves but for the citizens of Canton. Most important I hope that you will consider this child, Piper Ann married Henderson and ask yourself, where should this child be laid to rest? Our family believes that she should be with her great grandmother, I hope that you do as well. I would ask you to reflect on what you would do if you were in this situation.

Roll Call

Yes:

Alderman Fritz

Alderwoman Hale

Alderman West

Alderman Lovell

Alderman Quin Mayhew

Alderman Ryan Mayhew

Absent:

Alderman Justin Nelson

Alderwoman Lingenfelter

The motion carried.

Additions or Corrections to the Agenda

Consent Agenda

Approval of the Council Meeting Minutes Held December 3, 2019 and the Clerical Committee Meeting Date December 3, 2019

Bill List

Treasurer's Report

October Distribution Report

Police Report

Fire Report

Public Works Report

Motion and second were made by Aldermen Hale/West to approve the consent agenda.

The motion carried by voice vote and was unanimous.

Committee Reports:

Finance

Alderman Ryan Mayhew, Chairman

Discuss, Consider and Vote on an Ordinance Levying and Assessing Taxes for Corporate Purposes of the City of Canton, Illinois for the Fiscal Year Beginning May 1, 2019 and Ending April 30, 2020 (2nd Reading) Ordinance # 4176 Comptroller Beka Schultz explained that a correction was made to the original levy. Beka stated that it was brought to her attention that there is a civil defense limit of 20 cents per capita, This varies greatly from the.05 cents per 100 dollars levied. The second correction was a difference in what was budgeted last year on the levy. This did not get corrected on the original levy. Some additional language was included that was suggested by Attorney Jump.

The proposed ordinance includes a 1.5 percent increase.

Motion and second were made by Alderman Ryan Mayhew/Quin Mayhew to approve the ordinance and place it on file.

Roll Call

Yes:

Alderman Fritz

Alderwoman Hale

Alderman West

Alderman Lovell

Alderman Quin Mayhew

Alderman Ryan Mayhew

Absent:

Alderman Justin Nelson

Alderwoman Lingenfelter

The motion carried.

Discuss, Consider and Vote on an Ordinance Abating All of the Bond Levy for the 2019-2020 Fiscal Year) $10,000,000) Principal Amount Alternate Revenue Bonds Series 2012, and $2,810,000 Principal Alternate Revenue Bonds Series 2013) 2nd

Reading

Ordinance # 4177

Motion and second were made by Alderman Ryan Mayhew/West to approve the ordinance and place it on file.

Roll Call

Yes:

Alderman Fritz

Alderwoman Hale

Alderman West

Alderman Lovell

Alderman Quin Mayhew

Alderman Ryan Mayhew

Absent:

Alderman Justin Nelson

Alderwoman Lingenfelter

The motion carried.

Review and Approve Invoice from Holthaus Companies Inc in the Amount of $12,030,00 for Fire Station Hail Damage Roof Repairs

This invoice was not previously approved after the work was completed. The invoice is being presented so it can now be paid. This is being reimbursed by insurance money.

Motion and second were made by Alderman Ryan Mayhew/Lovell to approve the invoice for payment.

Roll Call

Yes:

Alderman Fritz

Alderwoman Hale

Alderman West

Alderman Lovell

Alderman Quin Mayhew

Alderman Ryan Mayhew

Absent:

Alderman Justin Nelson

Alderwoman Lingenfelter

The motion carried.

Legal and Ordinance

Alderman Craig West, Chairman

Discuss, Consider and Vote on a Resolution Approving a Service Agreement With Nayax LLC for a Credit Card Reader for the Bulk Water Machine at the Water Treatment Plant

Resolution #5215

Attorney Jump explained that this was on a previous agenda. Attorney Jump was to work with Nayax LLC for additional language in the agreement. The agreement is for the credit card machine that will be used for bulk water at the WTP. Attorney Jump worked with Nayax and the proposed changes in the language was accepted by Nayax. The only thing that was not accepted by Nayax was a venue clause. Nayax ended up striking this completely from the agreement. Attorney Jump said both sides now have the opportunity to terminate the agreement if needed. Attorney Jump explained that he wants the council to approve the fees that are included in the agreement.

Motion and second were made by Alderman West/Lovell to approve the resolution and place it on file.

Roll Call

Yes:

Alderman Fritz

Alderwoman Hale

Alderman West

Alderman Lovell

Alderman Quin Mayhew

Alderman Ryan Mayhew

Absent:

Alderman Justin Nelson

Alderwoman Lingenfelter

The motion carried.

Discuss, Consider a Vote an a Resolution Approving a Clearing Agreement With Nayax LLC Pertaining to the Credit Card Reader FR the Bulk Water Machine at the Water Treatment Plant,

Resolution #5216

Nayax will be processing the credit card transactions. It is very difficult to use a local bank due to the type of machine that is being used.

Motion and second were made by Alderman West/Lovell to approve the resolution and place it on file.

Roll Call

Yes:

Alderman Fritz

Alderwoman Hale

Alderman West

Alderman Lovell

Alderman Quin Mayhew

Alderman Ryan Mayhew

Absent:

Alderman Justin Nelson

Alderwoman Lingenfelter

The motion carried.

Discuss, Consider and Vote an a Resolution Amending the Sexual Harassment Policy for the City of Canton

Attorney Jump said he put this item on the agenda to get the council to begin reviewing the policy. Attorney Jump has been working with City Clerk Diana Pavley Rock on the policy. There are some changes in the state law that states that employees will receive training annually. City Clerk Diana Pavley Rock has scheduled the training for later in January. A proposed policy will be brought back to the next council meeting.

Discuss, Consider and Vote on Issuing and or Amending the Conditional Use Permit for Evergreen Dispensary LLC in Regards to Medical Cannabis.

Attorney Jump explained that he put this item on the agenda to clean up some language in the previously approved application and conditional use permit for Evergreen Dispensary for recreational cannabis. The intention is that they will also be operating a medical cannabis dispensary as part of that facility. The ordinance allows for the permit to be issued to both. They have a valid license for medical cannabis and have been operating for some time. Attorney Jump said this will just clean it up to issue a permit to Evergreen Dispensary for both medical and recreational use, since the last vote was only for recreational. Attorney Jump stated that he would be asking to amend the previously approved conditional use permit and to issue it to Evergreen Dispensary LLC DBA Rise Canton for both medical cannabis and recreational cannabis.

Motion and second were made by Alderman Fritz/West to amend the conditional use permit for Evergreen Dispensary LLC.

Roll Call

Yes:

Alderman Fritz

Alderwoman Hale

Alderman West

Alderman Lovell

Alderman Quin Mayhew

Alderman Ryan Mayhew

Absent:

Alderman Justin Nelson

Alderwoman Lingenfelter

The motion carried.

Negotiations, Grievance and Personnel

Alderman Justin Nelson, Chairman (Absent)

Aldermen Ryan Mayhew (Acting Chair)

Discuss, Consider and Vote on a Resolution Approving a Letter of Understanding Between the City of Canton and the Canton Fire Fighters, Local 1897 I.A.F.F.I.A.F.F.I., Afl/Cio Authorizing and Directing the Mayor, or His Designee to Execute Said Letter of Understanding on Behalf of the City of Canton, Illinois to Amend the Collective Bargaining Agreement.

Attorney Jump asked to table this item. It may be discussed briefly in executive session.

Community and Industrial Development

Alderman John Lovell, Chairman

Public Works, Water and Sewer

Alderwoman Angie Lingenfelter, Chairman

Public Safety and Traffic

Alderwoman Angela Hale, Chairman

Streets and Garbage

Alderman Jeff Fritz, Chairman

Discuss, Consider and Vote on a Resolution Approving an Intergovernmental Agreement By and Between the City of Canton and the Village of St. David Regarding the Use of the ITY of Canton's Street Sweeper

Attorney Jump said he received information from Engineer Keith Plavec. Attorney Jump will present the information to the Village of St. David.

Motion and second were made by Alderman Fritz/ West to give Attorney Jump the approval to present the agreement to the village of St. David.

The motion carried by voice vote and was unanimous.

Discuss, Consider and Vote on an Idot Resolution for Improvement 20th Avenue from Chestnut to North of Ash Street- Section 04-0093-05-WR

Resolution # 5217

Motion and second were made by Alderman Fritz/Quin Mayhew to approve the resolution and place it on file.

Roll Call

Yes:

Alderman Fritz

Alderwoman Hale

Alderman West

Alderman Lovell

Alderman Quin Mayhew

Alderman Ryan Mayhew

Absent:

Alderman Justin Nelson

Alderwoman Lingenfelter

The motion carried.

Discuss, Consider and Vote on an Idot Resolution For Improvement-2009 Canton Arra (Stimulus) Projects- Section 09-00099-00-EG

Resolution #5218

Motion and second were made by Alderman Fritz/Quin Mayhew to approve the resolution and place it on File.

Roll Call

Yes:

Alderman Fritz

Alderwoman Hale

Alderman West

Alderman Lovell

Alderman Quin Mayhew

Alderman Ryan Mayhew

Absent:

Alderman Justin Nelson

Alderwoman Lingenfelter

The motion carried.

Lake, Buildings and Grounds

Alderman Quin Mayhew, Chairman

Discuss, Consider and Vote on a Resolution to the Henderson Family Plot at Greenwood Cemetery.

Alderman Quin Mayhew explained that he talked with Sexton Kyle Jansen at Greenwood Cemetery and came to realize that the City is not selling real estate, but instead plots for interment.

Attorney Jump thanked the Henderson family for coming to the meeting and said it is a very sensitive subject to everyone involved. Attorney Jump explained that there were some changes done by ordinance. One of the things changed in 2015-2016 was the City started getting more written contracts for interment rights and for the purchase of the lot that is tied back to the deed, which is the result of the Cemetery Oversite Act. Some of these changes were done to bring the cemetery more up to speed with the current law. Attorney Jump said he has no interest in fighting with the Henderson family over this issue. The City is dealing with contract rights. When someone purchases a lot, they are not purchasing real estate, but instead they are purchasing a right of interment. The cemetery has the ability to switch rules or policies on whether or not they will allow multiple interments at their cemetery. Attorney Jump said that the current policy of the City of Canton is that you can do 2nd interments, but the City wants to see that there is a written contract between the person that purchased the lot and the cemetery that you clearly intended for this to take place. The issue in this case is that the City does not have a written contract that would allow this. The contract was done several years ago. When the plot was purchased there was no written statement that provided a desire for multiple interments in this plot. The original conversation with the Henderson family took place with the prior City Attorney Curtis Lane. These discussions took place at this earlier date. It was previously determined that if a court would intervene, then perhaps a judge could sign off and approve this. The intention is not to go to court and have a big litigated process, but rather to have the court give the rights that Attorney Jump said the City would not have the authority to change. The City is dealing with contractual rights. Attorney Jump said he does not believe the Council should change contractual rights. Attorney Jump said he would like some direction to work with the family to try to accomplish what the Henderson family is wanting. Attorney Jump said his job is to reduce legal liability to the City. Attorney Jump said he believes this could be a very quick hearing that would be left to a judge. Attorney Jump said he is concerned from a legal-liability standpoint.

Attorney Jump explained that he believes the entire Henderson family is in support of this, but is concerned about another family that would not. If the City starts to allow this to occur, Attorney Jump is concerned. It would be best to have a court rule on these rights.

Alderman Quin Mayhew said that the Henderson's has a vacant lot that the family could use and the City could reduce the price so the child could still be with the family. If the City starts to allow this, it could come to the City on a regular basis.

Alderwoman Hale explained that she feels terrible for the family and would like to work with the family to help allow a second interment.

Further discussion took place regarding the policy and the contract.

Alderman Lovell said that the old contracts are very vague and does not clearly have a place to state if multiple interments are allowed, and asked if previous cases have allowed multiple interments. Is there past practice established? Sexton Kyle Jansen said that it was past practice at the cemetery to allow multiple interments. The City would previously received calls from the funeral home, and would have followed directions from the funeral director on what the family wanted. The cemetery did what the family requested. It was in late 2015 that the Cemetery stopped doing multiple interments. The fee schedule was made in 2016 which included second rights of interments and adjusted the contract to reflect multiple interments. The City has declined multiple interments since late 2015 unless the contract specifically indicated they were allowed.

Attorney Jump explained that there are several laws that come into play and you can't look at one specific ordinance or state law. It is a complex issue and are terrible facts. The City needs to be careful with trying to modify contract rights.

Alderman Quin Mayhew said he would love to change this, but legally does not feel he has the right to do so. A judge would have the ability to allow this in court.

Alderman Lovell said he would respect the fact that the City does not have the legal rights to change the contract, but if the council would vote to allow it, what type of liability is the City looking at-and who would raise an issue that would cause liability.

Attorney Jump said that since the entire Henderson family is in agreement, there would be less liability for the City in this particular case. The question would be toward other families, and not knowing everyone in the family that would have a legal right.

Alderwoman Hale said that if some in the Henderson family were not in agreement with the interment, then it would need to go before a judge, but when the entire family is in agreement, she would trust this to take place. Alderwoman Hale suggested publishing a notice in the newspaper to allow interested parties to notify the City prior to the second interment being done. Alderwoman Hale said she wants to find a way to help the family without going through all of the legal trouble.

Lon Henderson asked to address the council. Lon explained that the contract does not give the right, but the contract also does not say that it does not have the right for a second interment. Lon explained that his mother was still living in 2015 when the policy was changed, however she was not ever notified of any policy changes at the cemetery. If the family was notified when the policy changed, they would have had the opportunity to discuss the policy and make the necessary changes. Lon further explained that the easiest thing is not for the Henderson family to go to court. One brother lives in Nevada, and the other 4 brothers live in different areas. This would be very difficult for the family to all go to court- and would not be the easiest thing to do. This would be a hardship on the Henderson family.

Lon further explained that the Henderson family would sign a release of liability, have papers notarized and returned to the City. Lon further asked who in the Henderson family would sue the City? The Henderson family has all stood together and said they all know their mother better than anyone on the council. The members on the council does not know his mother. Lon said his father was not offered to buy interment rights in 1993 when he purchased the plots. Past practice has always allowed it- without any question.

Lon explained that the City needs a cemetery board that works and takes care of these issues. This should not come to the City council. Lon is very sorry for the community and to the Henderson family that they had to publicly bring this issue to the council.

Robert Henderson addressed the council and explained that he has performed hundreds of funerals as a pastor. The only reason the baby was cremated is because she was only 38 weeks. The City can raise the fees if they want to. Robert said the City can look at cemeteries in the area and see the multiple interments that are allowed. This issue is not about money, and the Henderson family would pay whatever amount of money that is needed. Robert further explained that the City needs to use reasoning to allow the second interment and not make the family go to court.

Alderman Fritz said he has a question regarding the contract and doesn't have the information to know if the plot is limited to just one, two, or three. The contract does not state that it only has one interment and would vote to allow it.

Attorney Jump said his preference is to have a judge approve it, but if the council wants to have an agreement prepared, a release and an indemnification, affidavits of heirship signed by everyone that would give the City protection he would review it. Attorney Jump said he still believes the City is modifying the contract. Attorney Jump said he would work with the Henderson's attorney if that is the direction the Council wants to take.

Alderman Ryan Mayhew asked if this would be opening the door for the City on others coming forward to do this. Alderman Ryan Mayhew said he believes the Councils job is to protect the

City.

Mayor McDowell said he has concerns about opening the door.

Attorney Jump said he does not feel the City should be making the decision on what was desired at the time the plot was purchased.

Alderwoman Hale said that she believes the family is all in support and the City of Canton should also show compassion and would vote to allow the second interment.

Alderman Fritz asked how the City would be altering the contract if the contract itself does not give or deny the rights for a second interment

Alderman Lovell said he does not know how the Council can deny the family's request especially if the family signs a release of liability.

Motion and second were made by Alderman Quin Mayhew/Ryan Mayhew to work with the Henderson family in getting a court order to move forward.

Roll Call

Yes:

Alderman Quinx Mayhew

Alderman Ryan Mayhew

No:

Alderman Fritz

Alderwoman Hale

Alderman West

Alderman Lovell

Absent:

Alderman Justin Nelson

Alderwoman Lingenfelter

The motion failed.

Motion and second were made by Aldermen Lovell/West to direct Attorney Jump to work with the Henderson's legal counsel on approving this variance with a release of liability subject to final approval by the Council.

Roll Call

Yes:

Alderman Fritz

Alderwoman Hale

Alderman West

Alderman Lovell

Alderman Ryan Mayhew

No:

Alderman Quin Mayhew

Absent:

Alderman Justin Nelson

Alderwoman Lingenfelter

The motion carried.

Mayor Communication

Appointment- Chris Leighton to the Parlin Ingersoll Library Board December 17, 2019-April 30, 2021

Motion and second were made by Alderman Quin Mayhew/Ryan Mayhew to approve the appointment.

Roll Call

Yes:

Alderman Fritz

Alderwoman Hale

Alderman West

Alderman Lovell

Alderman Quin Mayhew

Alderman Ryan Mayhew

Absent:

Alderman Justin Nelson

Alderwoman Lingenfelter

The motion carried.

Mayor McDowell complemented the pubic works department for the snow removal from the City streets.

Citizens are reminded that if it snows three or more inches there is no parking allowed on City streets. Citizens are also asked not to push the snow into the streets.

There will be no garbage pickup December 25, 2019, or January 1, 2020. Garbage will be picked up the next day with the regularly scheduled route.

Old Business

New Business

Adjournment

Motion and second were made by Alderman Quin Mayhew/Hale to adjourn into executive session for: 5ILCS 120/2 C1, C2

The motion carried by voice vote and was unanimous.

The council meeting adjourned without anything being discussed in executive session.

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