Peoria Standard

City of Chillicothe Judicial Committee met June 29.

Here are the minutes provided by the committee:

The Judicial Committee met at 4:30 P.M., in the Council Chambers at City Hall.

Committee members present at the meeting Chairman Connor, Alderperson Braun, Alderperson Bredeman, Alderperson Sharp, Mayor Hughes, Attorney Kevin Day, Office Manager Passage, Police Chief Mettille

Chairman Connor called the meeting to order 4:30 p.m.

PUBLIC COMMENT

No Public Comment

PURPOSE

Chairman Connor stated that Mary Aylmar and Luke Harvey are in the audience to give a presentation regarding the agenda topic Beehives – Chillicothe Library and requested that the agenda item Beehives- Chillicothe Library be discussed first. The consensus of the committee was to discuss said topic first.

Beehives – Chillicothe Library - Mary Aylmar, Director Chillicothe Public Library addressed the committee. She explained the scope of the project regarding installing a single beehive on library property (see attachment). Luke Harvey, Professional Bee Keeper addressed the committee and explained the need for bees. He also explained that the City of Peoria changed their ordinance to allow bees to be kept. Alderperson Bredeman questioned if the area where the bees would be kept is accessible to the public. Ms. Aylmar stated that it is accessible to the public, however only by going through the library and the area where they will be is not heavily used and they will post a notice that there are bees in said area. Chairman Connor stated that she believes this is a great project, as it is educational and beneficial. Office Manager Passage presented the information regarding bee keeping that is outlined in the city code.

Sec. 38-32. Specific acts declared nuisance.

Within the corporate limits of the city, it is hereby declared to be a nuisance for any person:

(1) Beekeeping. To keep bees in such quantities or numbers or in such close proximity to private dwellings or any public streets or alleys of the city or public or private watering places that the use of private or public hydrants or watering places is rendered dangerous whereby persons or stock may be stung.

Attorney Day advised the committee that they could amend the city code or they could pass a resolution that would apply only to the Library stating that their beekeeping was decide not to be a nuisance.

A discussion was held regarding changing the ordinance or doing a resolution. Alderperson Bredeman stated he would like to do the resolution specific to the library and that could be a test to see how it will work. Alderperson Sharp reserved his opinion. Alderperson Braun stated that he was in favor of the resolution. Chairman Connor believes the code could be changed. After discussion, the consensus of the committee was to have the attorney prepare a Resolution to allow the beekeeping at the library and present the resolution to the city council on July 11.

Rental Hall Liquor License – Attorney Day explained that at the last judicial meeting they instructed the attorney to gather more information from other communities regarding a rental hall liquor license. He gave information from other city’s such as: Freeport, City of Peoria, Peoria County and Bartonville. He advised that Henry, Peoria Heights, and Lacon did not have an ordinance or classification for rental hall liquor license. A discussion regarding how to prevent an establishment that has such license from becoming a bar. The attorney stated that the definition should prevent that along with giving the liquor commission the ability to enforce. A discussion was held regarding generating sales tax from said type of license. The consensus of the committee was to have the City Attorney gather additional information regarding sales tax and report back to the July judicial committee meeting.

Code Change/creation of officer position – City Clerk Hurd advised the committee that she will be moving out of the corporate limits, potentially the first part of September. She explained that a new city clerk will be needed, however; she presented an option of creating a deputy clerk position. She presented information outlining the deputy clerk duties, along with Illinois State Statue information. Attorney Day presented language that could be added to the city code to identify the deputy clerk position. Attorney Day advised that the judicial committee would need to decide if they would recommend to the city council to create the deputy clerk position by adding a section to the city code such as: Sec. 2-129 Deputy Clerk – The City Clerk may appoint one Deputy Clerk by and with the consent of the City Council, as permitted by state law. In the event the Clerk is temporarily or permanently unavailable or incapacitated from performing the functions of Clerk, the Deputy Clerk shall have the power and duty to execute all documents required by and law to be executed by the Clerk, and affix the Seal of the Clerk thereto whenever required. In signing any document, the Deputy Clerk shall sign the name of the Clerk followed with the term “By” the Deputy Clerk’s own name and the term “Deputy Clerk.” The Deputy Clerk shall be deemed to diminish or detract from the statutory powers and authority of any of the City’s elected or appointed official. Clerk Hurd stated that the proposed code language will allow the council to add additional job duties to said position.

A discussion was held regarding said position. Clerk Hurd recommended that the position of deputy clerk be a full-time position appointed by the clerk with the concurrence of the council and the duties of deputy clerk were reviewed. Office Manager Passage was asked to explain the amount that was placed in the appropriation ordinance. She explained that at the finance committee meeting it was discussed to add two amounts to the appropriation ordinance allowing the city two possible options regarding the city clerk leaving. She stated that the line item Deputy clerk was increased to $42,000.00 and a new line item was added Finance Deputy in the amount of $42,000.00. The difference between the two line items, would be the deputy clerk would be appointed by the city clerk with concurrence by the council and the finance deputy would be appointed by the Mayor with the concurrence by the city council. The only decision discussed in the finance committee was to place the line items in the appropriation ordinance. Office Manager Passage explained that adding duties to a deputy clerk such as: Agenda, Agenda packet, Motions, and Digital retention to the list of duties of a deputy clerk would take some work load from herself and the office staff. She also stated that it would help when office staff is on vacation having another person in the office. Attorney Day stated that even with the creation of a deputy clerk the Mayor would have to appoint a new clerk. Chairman Connor stated that she felt that this decision should be made by the Human Resource Committee and Finance Committee not by the Judicial Committee. Clerk Hurd asked that Office Manager Passage go over a potential time table to accomplish said item. Attorney Day stated that a committee of the whole could be called so all elected officials would be present to discuss said position. After discussion, the consensus of the committee was to place on the July 11 council meeting only the proposed code change/”deputy clerk” to be refer to the attorney to draft an ordinance changing the City code to add language for deputy clerk. It was also recommended that the outline and make up of the position be discussed in a meeting so all elected officials could discuss items such as the need for the position, salary, duties and type of position, with a tentative date of July 18.

OLD BUSINESS

Nothing to report

SUMMARY

Council Agenda Items – Resolution – Beekeeping – Chillicothe Library

Refer to the City Attorney – Code Change – addition Deputy Clerk

There being no further business the meeting adjourned at 6:13 p.m.

https://cms9files.revize.com/chillicothe/06.29.22%20judicial%20mins.pdf