Peoria Standard

City of Delavan City Council met Oct. 20.

Here is the minutes provided by the council:

The Delavan City Council met in regular session at 6:30 pm in the Delavan City Council Room, 219 Locust Street, Delavan, Illinois. Mayor Elizabeth Skinner presided. The following aldermen were present: Douglas Bury, Steve Yontz and Wade Fornoff. Others in attendance electronically were Alderman Hall, Alderman Horath, Alderman Johnson, Attorney William Connor and Assistant Police Chief Mike Evans. City officials in attendance in the council room were City Administrator Matt Fick, Patrol Officer Chase Gillespie and Deputy City Clerk Tammy Hintz.

The meeting notice and agenda were posted at least forty-eight hours in advance of the meeting on the door of the City Council Room and on the window in City Hall. A copy of the meeting notice and agenda is attached to and made a part of the minutes.

The Pledge of Allegiance was recited by those present. The invocation was given by Mayor Skinner. The agenda order was changed allowing public comment at the beginning. Due to COVID-19 and to be in compliant with the Open Meetings Act, appropriate language was attached at the bottom of the agenda to allow the public to email any questions.

PUBLIC COMMENTS

Johnette Collins, 802 E 1st Street, resident of Delavan since July 4th, 1992 addressed the Council concerning on going problems with her neighbor Ben Dietrich. She spoke about lawn ornaments being destroyed, birds have been killed, loud music, blow horns, destruction of political signs, porch lights being shot out, dead squirrel at her front door and her living room window has a pellet hole. Johnette Collins asked the Council what recommendations the City would have as how to handle these situations, considering she is a senior citizen on a fixed income. Mayor Skinner assured Johnette Collins that the city shares her frustration, the City has made numerous calls to Tazewell County and to the States Attorney, court dates have been deferred many times. The City's hands are tied. Mayor Skinner recommended for Johnette to continue to call the States Attorney's Office. Alderman Fornoff asked when the nuisances are taking place, Johnette replied any time of the day. Alderman Yontz can verify Johnette Collins statements. Mayor Skinner stated that when the complaint goes to the County or States Attorney it ends there. Stuart Umholtz is the current States Attorney. Alderman Yontz stated that someone is going to get hurt and how does the City convince the States Attorney that this is going to happen. Mayor Skinner responded that numerous complaints have been filed and recommended to continue to contact States Attorney Stuart Umholtz's office. Alderman Horath asked if these situations could be considered misdemeanors, because Johnette is fearful of her life or bodily harm. Alderman Bury stated that if he is on probation, that the probation office should be notified. Mayor Skinner thanked Johnette for talking with the Council and asked for her to stay in contact with the Police.

Deputy Clerk Tammy Hintz read an email submitted by citizen, Jere Braden. Mr Braden asked the council in regards to rumors he had heard through the city that Alderman Yontz had moved out of Ward 2 and this would make him ineligible to represent Ward 2. Jere Braden asked if Alderman Yontz had submitted his resignation or has the Council acted?

Alderman Yontz responded that he still has a residence in Ward 2, he felt that Mr. Braden should look for facts not rumors. Alderman Yontz stated Mr. Braden could contact him directly, this is unprofessional which is in line with his (Jere Braden) previous service. Alderman Yontz addressed the City Clerk Tammy Hintz to put that in, referring to the minutes. Mayor Skinner said she disagrees, Jere Braden is well respected in the community for his years of service. Alderman Yontz, said the way Jere Braden brought this to the attention of the Council and its residents showed a lack of class and disrespect. Alderman Yontz addressed City Clerk Tammy Hintz to put that in, referring to the minutes. Alderman Fornoff asked Alderman Yontz if he is or is not living in Ward 2? Alderman Yontz responded, they currently have a house in Ward 2 and he frequents that home. Alderman Bury said living in a house and owning a house are two different things and asked if Alderman Yontz lives in the house in Ward 2, Alderman Yontz said that it was not a valid question and stated there is nothing in the code to state the Alderman must live in the Ward they are representing. Alderman Horath asked Alderman Yontz what his permanent mailing address is. Alderman Yontz stated his mailing address is 807 E 1st Street, Delavan, IL, and that is where the mail is going, he owns the house. Alderman Yontz asked if the Council is tracking where he is living, he added that Jere Braden was unprofessional using this orchestrated tactic along with everyone at the meeting. He stated Mr. Braden is part of the "group", unprofessional, instead of reading the code and his (Jere Braden) behavior is embarrassing. Alderman Horath stated Alderman Yontz's behavior is embarrassing. Alderman Bury added if Alderman Yontz had an ounce of integrity he would resign from Ward 2. The question was presented to Attorney William Connor on what the City Code states concerning residence for Alderman. Alderman Yontz felt this situation was planned and gave credit to the council and had been anticipating this. Alderman Fornoff said if this was orchestrated the council would have been more prepared, he added if Alderman Yontz was anticipating this why didn't he have the code on hand. The question of precincts verses wards was discussed. Mayor Skinner asked why Alderman Yontz would want the City to change the wards to overlay the precinct. Attorney William Connor addressed the Council in effect to where a person resides. Alderman Yontz asked to discuss this outside of a council meeting. Alderman Fornoff reminded Alderman Yontz that this is Council business. Alderman Yontz answered William Connors questions as follows, that the he has moved things, and yes, that they sleep in their new home. Alderman Yontz does not sleep in the 807 E 1st Street every night, and said he does get his mail at that address. When asked by Attorney William Connor if Alderman Yontz could recall the last time he slept at 807 E 1st Street, Alderman Yontz responded, he could not remember because it is Harvest season. Alderman Yontz said the code does not specify that there are two alderman per ward, it does say there are six aldermen for the City of Delavan. Attorney William Connor stated that the precincts and the wards have nothing to do with each other, the precincts are voting precincts set by the County Election Commission, the wards are set by population equally and are set by the Illinois Municipal Code, there is no relevance. Alderman Fornoff stated he understands mailing address verses physical address, but not when it pertains to public office. Mayor Skinner asked that this item be placed on the next agenda and addressed Alderman Yontz that this was not an orchestration, that we have had many Alderman move and have always resigned from their position, this is not a new thing. Alderman Yontz said that he believes this is an orchestrated event, and for Mr. Braden to call in and not bring this to Alderman Yontz attention is low class. Alderman Bury asked where is Alderman Yontz's integrity as to not resign as soon as he moved? Alderman Yontz responded that the people of Ward 2 have elected him. Alderman Bury reminded Alderman Yontz that he does not live in Ward 2. Alderman Fornoff congratulated Alderman Yontz on his new home, but secondly, he agreed that it is nice to get questions first hand. Alderman Yontz didn't recall receiving any emails concerning his move. Alderman Bury recalled that Alderman Yontz was questioned when he ran for Ward 2 about his new home being built and Alderman Bury was told Alderman Yontz said that he was going to get special dispensation to stay on the council, those were his (Alderman Yontz) words. Alderman Yontz stated that was false and he would pay Alderman Bury a sum of money if he could prove it. Discussion will be added to next agenda.

CONSENT AGENDA

The following items were presented to vote under the Consent Agenda

A. Minutes of the October 6, 2020, regular meeting

B. Approval of Resolution #2020-28 for payment of bills 

A motion was made by Alderman Bury, seconded by Alderman Horath to approve Consent Item A., minutes of the October 6, 2020, regular meeting Consent Item B., minutes of the October 6, 2020, special meeting and Consent Item C., Resolution #2020 26, A RESOLUTION APPROVING THE DIRECTING THE PAYMENT OF CERTAIN BILLS OF THE CITY OF DELAVAN, ILLINOIS. The vote on this motion was as follows: Ayes: Bury, Johnson, Hall, Yontz, Nays: none; Absent: Fornoff, Horath. Motion carried.

MAYOR'S REPORT

➢ Mayor Skinner announced that the distillery is now up for sale. She thanked Matt for his hard work and the Council for their patience. This very exciting news and there has already been interest in the property.

CITY ADMINISTRATOR'S REPORT

➢ City Administrator Matt Fick informed the Council that the City will be working with Dr. Brooks to help the school stay on budget concerning the daycare center. The City is trying to work with him to obtain better pricing.

➢  City Administrator Matt Fick spoke with Development Delivery, they are providing service for the Economic Development page on the City's website. The site will be updated and revamped, the city will be in control of future updates. ➢ ➢ City Administrator Matt Fick asked for feedback from the Council on a recent Ordinance passed by the Council concerning Right-of-Way. The Council agreed to keep the Ordinance as is concerning the length of culverts. 

➢  Alderman Horath asked if the city had any updates concerning Meals and Wheels in Delavan, at this time he had not.

NEW BUSINESS

A. Discussion and Action on Pool Ordinance modification. 

City Administrator Matt Fick asked the Council as to be more in line with other City codes to change the height of the fence from 6 feet to 4 feet. A motion was made Alderman Hall to CHANGE THE CURRENT POOL ORDINANCE FROM SIX FEET TO FOUR FEET FOR ENCLOSURES (ORD #2020-41) Alderman Fornoff seconded. No further discussion on this motion was as needed. The vote on this motion was follows; Ayes: Bury, Johnson, Hall, Yontz, Fornoff, Horath. Nay: none Absent: none. Motion carries.

B. Discussion and Action on an Intergovernmental Agreement for Rabies and Animal Control for 2021. 

City Administrator Matt Fick informed the Council that this is an annual agreement with the County for Animal Control Services. There was a minimal cost increase. Alderman Johnson made the motion to APPROVE THE INTERGOVERNMENTAL AGREEMENT FOR RABIES ANIMAL CONTROL FOR 2021. Seconded by Alderman Bury. No further discussion was needed. Vote on this motion was as follows; Ayes: Johnson, Hall, Yontz, Fornoff, Horath, Bury. Nays: none Absent: none. Motion passes.

C. Discussion and action Authorizing the Transfer of One Pistol to Chief Jerry Littlefield (ORD #2020-47) 

City Administrator Matt Fick informed the Council that Police Chief Jerry Littlefield would like to purchase the firearm he uses. The pistol is valued at three hundred dollars. This transaction needs to be approved with an ordinance like previous firearms transactions. Alderman Horath made the motion AUTHORIZING THE TRANSFER OF ONE PISTOL TO CHIEF JERRY LITTLEFIELD (ORD#2020-47). Seconded by Alderman Fornoff. Discussion on this motion was as follows. Alderman Johnson assumed this firearm could be used on duty after purchased. This was clarified by Attorney William Connor. Alderman Yontz disagrees with the concept of an employee of the city trading guns plus cash with the City. Alderman Fornoff spoke with Chief Littlefield and City Administrator Matt Fick and was able to understand the transaction. City Administrator Matt Fick understanding what the council is concerned about, stated the Ordinance only approves the sale of the pistol. Value of the rifle was discussed. Assistant Police Chief was available to any questions and entered the council room at 7:28pm. Assistant Chief Mike Evans informed the Council the value of rifle and pistol and the inventory of Delavan Police Department. Alderman Yontz expressed setting a precedence concerning how City business takes place that involve negotiations with employees. The vote on this matter was as follows; Ayes: Fornoff, Horath, Bury, Johnson Nay: Hall, Yontz Absent: none. Motion carries.

D. Discussion and action Authorizing the Sale of a Portion of City-Owned Real Estate (608 E Third Street; P.I.N. 21-21-10-123-003) (Res#2020-29) 

Attorney William Connor informed the Council that the City did receive the Sheriffs deed and it has been recorded. This Resolution allows City Administrator Matt Fick to seek bids and advertise the property. A motion was made by Alderman Bury to APPROVE RESOLUTION 2020 29. Seconded by Alderman Johnson. Discussion on this motion was as follows. Alderman Fornoff expressed the Ordinance is vague pertaining to a time line. Alderman Yontz added that the City should make the new owners meet all inspection codes. Alderman Fornoff agreed that the owner should hire their own inspector. Alderman Bury discussed that liability should fall on the inspector not the City. Attorney William Connor said the property can be sold as is. Alderman Hall asked if this property would be available for the proposed Blighted Property Program. It was determined that the time frame will probably not work for new owners to take advantage of the program. Changes to the Ordinance are Section four and Section five from six to twelve months and changed to sold as is. The vote on this matter was as follows; Ayes: Hall, Fornoff, Horath, Bury, Johnson, Nay; Yontz Absent: none. Motion passes.

E. Discussion on Proposed Residential Maintenance and Blighted Property Rehabilitation Program. 

Alderman Bury informed the Council that according to the state's definition on Blighted Properties, the City of Delavan does not have any blighted properties. Alderman Fornoff added that yearly taxes and property values should be used to consider if a property is eligible. This program needs to be more defined. Alderman Fornoff would not like this program to be eligible for builders who flip houses, he feels as the City builds the downtown area it will create interest in people moving to Delavan. Alderman Bury disagreed a flipped house sold to young couple is still a house that is occupied and is on the tax rolls. Discussion continued on a need to define “blighted property”. Other states have encountered problems and have to adjust state statutes. Alderman Fornoff would like the program to benefit individual who want to invest in the community. Alderman Yontz, for the record, does not support the program, because the city needs to entice people to move to the community and then these problems would fix itself. Alderman Yontz continued to add that these programs look good on paper, but the money gets wasted and directed to the wrong thing. Alderman Fornoff said this program is important because if you fix up blighted areas it creates more tax revenue on improved properties. Alderman Johnson agreed with creating a hard and fast determination on what the city council will call a blighted property and that limits need to be set. Alderman Horath agrees that the potential is there for the City of Delavan. Mayor Skinner would like to add this discussion to the next agenda.

Other items for consideration:

➢  Alderman Yontz would like to personally thank Officer Chase Gillespie and the Fire Department for taking care of a fire close to his residence and for their prompt response.

➢  Alderman Fornoff has received complaints from neighbors regarding an idling diesel tractor for hours at a time. There is a state statute regarding limitations. Alderman Fornoff would like to meet with Chief Jerry Littlefield about when and how long and what time this is allowed and present it to the Council in the future.

➢  Alderman Yontz asked information regarding Chief Jerry Littlefield, Mayor Skinner said that nothing is definite.

➢  Alderman Bury informed the Council that on our current residential Maintenance Program it states it is a one-time only grant. The Council feels that the Ordinance and Application should match. The TIF Attorney will be contacted to look further into this.

➢  Alderman Yontz asked Deputy Clerk Tammy Hintz if anyone had picked up packets for the upcoming election. Deputy Clerk Tammy Hintz answered that packets had been picked up for all vacancies.

No further business was presented to the council. The meeting was adjourned by Mayor Skinner at 8:06 pm.

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