WEBVTT

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Good evening. In the absence of the Mayor, I'd like to get us moving tonight. Who is here for invocation?

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Uh, it's Linda.

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Excuse me, we're calling a meeting to order.

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Linda Johnson?

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Yes.

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Are you doing the invocation tonight? Okay.

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Spour heads, this is on 1 Peter 1, 3 through 5.

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Celebrate with praises the God and Father of our Lord Jesus Christ who has shown us his extravagant mercy.

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For his formation of mercy has given us new life.

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We are reborn to experience a living energetic hope through the resurrection of Jesus Christ from the dead.

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from the Dead. We are reborn into a perfect inheritance that can never perish, never be

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defiled, and never diminish. It is promised and preserved forever in the heavenly realm

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for you. Through our faith, the mighty power of God constantly guards us until our full

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salvation is ready to be revealed in the last time. Thank you, Father, for your mercy, for

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your love over everyone here tonight and all in our city. May your peace abound as all

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and

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John.

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Philippians 2.4, let all things be done without complaining or

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disputing. Philippians 2.3, let nothing be done through selfish

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ambition or conceit but in humility, let each other esteem

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others better than himself. Let each one look not only to his

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own interests but also to the interests of others. In Jesus'

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It is now 6.01. I will call this meeting to order. For roll call, as I mentioned, Mayor Miller is absent, Alderpersons, Klemm, Monroe, Simmons is absent, Parker, Stacy, Shadle, Sanders, and Sellers.

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We do have a quorum, so Alderpersons, Shadle, would you say the Pledge of Allegiance, please?

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Alderperson Sellers has offered to chair the meeting tonight could I have a

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Motion to that effect. So moved. Second. Parker and Shadle. I will call roll on that. Shadle. Aye. Sanders. Aye. Does Sellers vote on herself? Yes. Yes, please. Oh, yes. Are you willing? Klemm. Aye. Monroe. Aye. And Parker. Aye. And Stacy. Aye. The motion passes seven to zero. Alderperson,

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Settlers. The chair position is yours. Good evening. Could I have a motion for the approval

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of the agenda, please? So moved. Second. All in favor? Aye. Any opposed? Aye. I missed the

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second, please. Who were you counting? Shadle on that? Yes. Okay. And then we had one now.

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is there approval, could I have a motion for the approval of the minutes for the regular

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meeting of April 7th, 2025?

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So moved.

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Second.

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All in favor?

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Aye.

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Any opposed?

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Aye.

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Are there any public, we have one public comment on the agenda, it is Rhonda Scott.

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Good afternoon. I'm here to speak about the appointment of the Planning Commission people and the removal of one.

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I'm bringing this up because I served on the Planning Commission. I feel it's a very important role in our community.

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And Joshua Atkinson also served on the Planning Commission. He was voted or recommended by Mayor Miller in April 2024.

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and you all voted for him then he ran for mayor because he thought you know boy he could do a

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lot more if he could run for mayor he didn't win but you know 1800 people from all of our wards

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had confidence in him then the mayor after the election she chose to

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to appoint somebody else to the Planning Commission without telling Mr. Atkinson, without asking

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for his resignation, and then it came as a surprise when the council was recommending

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a new person and took a vote, come to find out, then she fires Mr. Atkinson at her leisure,

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you know that's what that's what can be done but the problem is the person that

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she has chosen to be the replacement has a criminal record and I think you all

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should be aware that somebody who's got not just a DUI but he has I don't know

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He's got a violent record of, I can't think of what it's called, shoot, I'm sorry, it's

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slipping my mind and I had it all in my head. Anyway, he's got a public record and it has

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has not been resolved and I don't think this person should be serving on the Planning Commission

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and I just think that he should be removed and I'm sorry I couldn't remember what my

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thought was but that I can't I don't know the official charge but it was choking a person.

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So you know when you're choking a person and you have a DUI you know that's a serious

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We shouldn't be having someone like that on our Planning Commission. We need somebody with a little bit higher character than that. Thank you.

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Okay, we'll move to the Consent Agenda.

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All items on the Consent Agenda are considered to be routine in nature and will be enacted in one motion unless a council member requests the item to be removed.

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Hearing none, the Consent Agenda.

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Yes, ma'am.

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I would make a motion that rearrange, rearrange the order of things. After item number 16, I would like to follow through with item 23.

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Joy.

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Oh, the attorney, I'm sorry.

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So we're on item number four now, which is the consent agenda. So that's like approval of the bills and

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She voted no and I voted no, but I did not realize that that was the time to voice

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The consent agenda consists of the approval to receive and place on file a Board and Commission

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and

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minimum wage of $25,000, a year for a lifetime of $25,000 over the course of the next decade, we have angen was released statement, 72, analyst report. New York City, New York Times, New York Times, Washington Post, National Idioms, New York Times, New York Times, New York Times, New York Times,

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$479,364.37 Approval of payroll for pay period ending May 5th, 2025, totaling $675,619.51

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Is there a motion to approve the consent agenda?

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So moved.

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Second.

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All in favor?

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Aye.

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Oh, roll call.

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I'm sorry.

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Shadle?

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Aye.

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Sanders?

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Aye.

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Sellers?

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Aye.

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Monroe? No. Parker? Aye. And Stacy? No. The consent agenda is approved five to two. Item

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number five is the second reading of the ordinance. We read the... Ordinance 2025-17 is amending

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the Cotter,

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17, is amending the codified ordinance regarding residency requirements for certain positions.

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Is there a motion to...

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Oh, okay.

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Thank you, Madam Chair.

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As we discussed at the 4-7 council meeting, it was discussed that certain positions should

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not be brought to the ordinance in terms of residency.

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The list is included in your packet.

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We've discussed that to some extent at this point.

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Many communities do no longer have a residency requirement that enables staff to fill vacant

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positions more easily and get higher qualified candidates.

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And so staff is requesting council to move forward with this ordinance.

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is there any discussion oh yeah there's plenty of discussion I just wanted to

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know who was gonna throw their hands up first I don't care which are you are you

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throwing your hands yeah I don't care what council member proceed to voice

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for their opinion on this particular ordinance, because I think it is pertinent to all council

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to chime in on this particular ordinance. I mean, it's an ordinance, and I think with

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and I think with the fact that we're not doing justice with this ordinance, this ordinance

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seems like it has disappeared from the council because there's no enthusiasm or encouragement

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about it or which direction the council wants to talk about or discuss about this particular

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matter.

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it's a problem not just a matter but it's a problem and I think we went on this talk or discussion on last week and I think this should not go through for a lot of various reasons and I think we should move we should move on since I'm looking at the council demeanor that it seems like

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We're just throwing a vote away for no purpose and no reason, but I think what we should do is have another discussion on this particular ordinance so we can really get an understanding of what this ordinance represents and what has occurred since the last time we talked about this particular ordinance, and I think it would do the citizens of Freeport justice to hear from council members about

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and others.

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So, I just want to make sure that we don't forget about their expressions and opinions

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instead of being silent sitting here and not discussing a matter of why this ordinance

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is being asked of us to vote on.

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And so, I just rendered my first one.

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I might have a second one coming up.

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Is there any other discussion?

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Monroe. Thank you, Madam Chair. You know, this one is tougher than others, but I will, I will bring up the point again. We have for many years now avoided following the rules of this city. Plain and simple. We have a city manager who, in my opinion, has allowed this type of activity to go on. He has done things that have violated other ordinances.

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and

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the

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city

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.

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He doesn't believe in our ordinances unless it fits his narrative. His beliefs. And quite

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honestly, it's put the city in a really precarious position now with one lawsuit that's been

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filed against the city. I know of a second one that will be filed shortly and potentially

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a third one.

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This type of dereliction of duty at the highest levels of this city has said to the employees

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that the rules don't matter.

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We will play the rules based on who's our friends, who's not.

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And we don't want to be like the federal government, whoever's in power basically leverages the

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and

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the

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city manager was on the delivering end of those dismissals.

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And now we're coming back to change the rules and we're doing

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it in the guise of saying, oh, this is making a difference.

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And I want to make it clear to you that that's not the case.

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Hicks, and so on.

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So we're saying, oh, this makes recruiting easier.

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And that's not always the case. We throw in more money at it.

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We're changing the rules for it. We bend the rules. We don't

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follow the rules. And now we're saying, well, let's just change

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the rules so that way it's okay.

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And that's not the way that this should work. We have a curfew

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in the city.

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And if a 17-year-old or a 15-year-old kid is out past

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and

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a couple of other things. The first is that we want to keep

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citizens in my neighborhood recently with people going

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through cars and doing things illegal. We want them held

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accountable. The same as we want our citizens that work for

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this city to be held accountable. It's not a hard

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thing to figure out. If you make it a place where people want

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I'm a little embarrassed because you got ladies that they enjoy

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coming to work you don't need to change all these rules they'll

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figure it out or they'll come to the Council Council or they'll

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come to the department or they'll come to you and they'll

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ask for a waiver or something to say let's let's let that

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happen we do that all the time with building codes with other

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things but going about changing this rule just so we can cover

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and I have been in the city for six years.

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It's insane.

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Because we don't want to hold the people that work for the city to the same rules and standards

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that we ask our citizens to be held to.

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And I think that's the important piece of this on that part.

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But on the other part, we want the people who want to live here working in our community.

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It's no different than the Freeport School District.

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It's no different than Orangeville School District.

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if you want to live outside the city then come up with something that says look we are going to pay you less money if you live somewhere else give up something I have to pay money for my son to go to Orangeville School District I do it and I have my reasons for doing it but the rules are there to be followed not to be cast away by a city manager and a mayor who don't want to follow the rules this is why we got drug problems in this city because we're not holding people

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and

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I'm not going to be able to get people accountable.

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Plain and simple.

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I yield.

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Manager Boyer?

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Yeah, I'd like to address that.

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I don't know what you're talking about.

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I've hired two directors.

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Brian has relocated to city limits and Chief was hired by this council knowing he lived

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in Dakota.

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And the reason why this residency doesn't work is because we cannot promote from within

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because people locate according to our resident our policies when they live

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outside of city limits but when they get up to a higher level we can't promote our

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good people because they've already established a life outside the city this

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doesn't make any sense Alderman I am sorry I'm sorry you do not understand

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this issue thank you

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When you say, Manager Boyer, that this was, Chief Shenberger was hired by this council

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and Mr. Monroe was a part of that vote, knowing that he did not live in the city and you voted

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for it.

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You're a very eloquent speaker, but there's no substance there.

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whatever occurred even during that voting process I wasn't available I can't recall

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myself voting for that but nevertheless the ordinance is the ordinance and people

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got to be held accountable for making decisions on even the hiring practice of

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this particular ordinance you cannot you cannot do hiring if the ordinance does

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does not permit you to do so. If you have not the permission to do so, first of all,

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the ordinance stipulates exactly what it says. You can't go above it and make your own rules

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Rose, and amend your own rules without

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and

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I'm going to start with the

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Council's decision to overrule an ordinance.

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So here we are talking about an ordinance that has been, first of all, does not work with the citizens of the city of Freeport because we have no data information for us as Councilmembers to even determine what the rules are.

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Miller, to even determine had anyone been seeking or to apply or was there a promotion

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put before the public for these particular positions.

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And we don't have that data.

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We're handed a bunch of information that's coming orally out of the mouths of individuals.

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Well, I like to see documentation myself.

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I like to see data.

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I like to see the fact that this process went through that particular motion.

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So without any of that, I just want to make sure that we understand that that ordinance,

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first of all, should never apply to hire anyone outside of the Residence of Freeport.

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that ordinance clearly states that you're not prohibited to hire outside of the City

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of Freeport, but yet it was violated.

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And I think there should be consequences for these types of actions, ordinances that are

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blatantly ignored, worked around, pushed through, disregarding the citizens of Freeport that

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has to abide by these ordinances and then we have a few who decide, well we're going

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to ignore what the citizens of the City of Freeport really wants or what their opinions

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are or what their objections are or whatever the case is.

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So I think we're doing a disservice as council, directors, staff, and anyone else who doesn't

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and step up and speak up on these particular matters.

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You know, you're just as part of the decision making

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in the council, the people look forward to council

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to make the right decisions and making good decisions.

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This particular ordinance has a clear violation

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being imposed upon it.

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and I think this should not go forward.

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I don't even think we should be even sitting here discussing it.

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Resignations should be forthcoming

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and resignations should be delivered to council

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for the wrong purpose or the wrong procedure processing

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of out of state or out of city limits of residencies.

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and others.

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So I just think that that's what should happen and we should appeal to that.

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We should make sure that we voice our opinion because I tell you, we keep going down this

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road, other things are going to happen and the disapproval of the citizens of Freeport.

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We got to remember, we don't work for ourselves up here.

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We work for the citizens of Freeport and what our opinions and decision make matters to

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the people of Freeport.

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It really matters.

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and so your constituents look for you to be part of a organization or the city government that's making good decisions and we don't need all of this other back door stuff going on.

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Manager Boyer?

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Alderman Sanders, no one has been violating ordinances.

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Ordinances, we do our utmost to follow all the ordinance to the best of our ability and

00:24:12.289 --> 00:24:18.529
it is not appreciated by you or anyone else to denigrate myself or the staff for not following

00:24:18.529 --> 00:24:19.529
the ordinances.

00:24:19.529 --> 00:24:20.529
So, yeah.

00:24:20.529 --> 00:24:21.529
Alderman Parker?

00:24:21.529 --> 00:24:31.189
Well, I'll tell you, just from working for the city for 30 years and realizing you do

00:24:31.189 --> 00:24:36.209
want important positions like the Chief, you do want the best person for it.

00:24:36.209 --> 00:24:40.649
has done an excellent job and we've been in violation of that this is going to

00:24:40.649 --> 00:24:46.289
fix that this is now going to fix the mistake or fix the issue and allow him

00:24:46.289 --> 00:24:52.229
to live where he is and still service as he's been doing thank you I just I would

00:24:52.229 --> 00:25:00.769
like to say something for a second I know that when we hired Chief we were

00:25:00.769 --> 00:25:12.449
asked to do whatever the government thing and go on and look to pay $20,000 to go out

00:25:12.449 --> 00:25:21.689
and try to find somebody and we had him right here and we said here and we voted yes and

00:25:21.689 --> 00:25:24.689
he's done a dang good job on his job.

00:25:24.689 --> 00:25:30.569
He has put bridges back together that was broken down and so he has done his job.

00:25:30.569 --> 00:25:38.669
he only lives in Dakota which I can even go along with Stevenson County but I just

00:25:38.669 --> 00:25:47.009
don't I I mean at this point I would vote yes to for this ordinance to go

00:25:47.009 --> 00:25:52.730
through okay who I mean was it you okay I just have a question for the attorney a

00:25:52.730 --> 00:25:58.689
clarification if if a staff member was hired with the knowledge that you know

00:25:58.689 --> 00:26:28.609
Thank you so everybody's probably wondering at home what

00:26:28.609 --> 00:26:30.609
and others.

00:26:30.609 --> 00:26:32.609
What are these definitions?

00:26:32.609 --> 00:26:34.609
What does this mean?

00:26:34.609 --> 00:26:44.609
So basically, it goes through in the ordinances, I'll use the police for one instance, 240.31, residency requirement.

00:26:44.609 --> 00:26:52.609
There's a whole bunch of subsections, there's a lot of legal mumble jumble, but here's the key.

00:26:52.609 --> 00:26:54.609
and

00:26:55.609 --> 00:26:57.609
other

00:26:58.609 --> 00:27:00.609
officers.

00:27:01.609 --> 00:27:15.609
Residency is required each and every officer unless otherwise exempted by subsection C below who is designated with the following rank and or title shall be a resident as that term is defined in subsection A thereof and shall maintain resident status during his or her period of employment.

00:27:15.609 --> 00:27:45.609
and the Chief of Police, and I've got the City Manager sitting here saying we don't violate ordinances, we follow the rules, and I've got a former Chief of Police going, well, this will put us back in line so we're in line with the ordinance. They don't understand the hypocritical clown circus that that sounds like. And the problem is, is that all of us,

00:27:45.609 --> 00:28:15.609
and the rest of us in this room are held accountable to the same set of rules, and this guy is the first one that will slap a foreclosure, or not a foreclosure, but a condemned, he'll have his guy put a condemned sign on your house the second it's out of, you'll start getting fines, you'll be coming in front of a committee in here, and this is how he runs the city, and he goes, well guess what, I've never broken the ordinances, I've appointed multiple people.

00:28:15.609 --> 00:28:17.609
and others.

00:28:19.689 --> 00:28:21.689
And he also fired somebody when he had somebody file a false

00:28:21.809 --> 00:28:23.809
report saying that that person violated a rule, a safety rule

00:28:23.909 --> 00:28:25.909
within the public works department.

00:28:29.409 --> 00:28:31.409
And now six months to a year later, I found out that's not

00:28:31.509 --> 00:28:35.509
true. Also, he could appoint his neighbor

00:28:35.509 --> 00:28:37.509
because he's following the ordinances.

00:28:40.809 --> 00:28:44.809
And I am. But I'm pointing out this man is a liar and he

00:28:44.809 --> 00:28:57.709
and he doesn't follow the ordinances so essentially the rules are for all of us but not for him

00:28:57.709 --> 00:29:04.609
not for his buddies and I agree that the chief of police it was voted on we as a council voted

00:29:04.609 --> 00:29:08.949
on him all of these should come to the council if you're going to go against this who has

00:29:08.949 --> 00:29:38.949
and I have the authority to hand out essentially an approval to go beyond this to get out of this rule and that's us the council and they've been appointing people to positions and expecting us to then come back and change this ordinance and it's not it doesn't even make sense they had a six month grace period six months and we wonder

00:29:38.949 --> 00:29:43.949
We can't keep people in the city because we're making it easier and easier and

00:29:43.949 --> 00:29:52.009
pushing people out of the city. And it's these types of things that do that. Plain

00:29:52.009 --> 00:30:00.949
and simple. Yeah. No, you can't. Just if I may for a point of clarification, the

00:30:00.949 --> 00:30:02.949
Deputy

00:30:02.949 --> 00:30:06.309
for a point of clarification, the Deputy Chief,

00:30:06.309 --> 00:30:07.869
lieutenants and sergeants do not,

00:30:07.869 --> 00:30:09.429
they're not required to live within the city.

00:30:09.429 --> 00:30:12.889
There's a radius and they're all in compliance with that.

00:30:16.389 --> 00:30:17.389
Are there any other?

00:30:17.389 --> 00:30:19.469
Can you clarify that for us?

00:30:19.469 --> 00:30:22.749
What's the, I gotta look up the section here, so.

00:30:22.749 --> 00:30:24.309
240.31.

00:30:27.869 --> 00:30:28.709
I don't lie.

00:30:32.949 --> 00:31:02.949
B1 says each and every officer, unless exempted under Subsection C, should

00:31:02.949 --> 00:31:14.429
and Michelle live within, shall have a residency and that's the Deputy Chief, Lieutenant, Sergeant, but then the exemptions in C talk about C2,

00:31:14.429 --> 00:31:29.269
any officer holding a rank and or title listed in subsection B1 above, which is the Deputy Chief, Lieutenant, and Sergeant, prior to the effective date of this ordinance with established residency within 20 mile radius of the police station, can maintain that residency as previously established.

00:31:29.269 --> 00:31:38.069
So, if they lived outside of the city prior to this ordinance being adopted, which I think

00:31:38.069 --> 00:31:46.309
we said last time was in 2017, or they're within 20 miles, then they get to stay there.

00:31:46.309 --> 00:31:48.309
Are there any other?

00:31:48.309 --> 00:31:50.429
Alderman Stacy?

00:31:50.429 --> 00:32:05.889
I just want to say that I was on this, I had been seated at the table when Chief Shenberger

00:32:05.889 --> 00:32:21.389
was voted in. I was very, very new, didn't know what all I was doing, but I was a willing

00:32:21.389 --> 00:32:41.489
Vessel. However, it saddens my spirit to know that I cannot take the word of my leaders,

00:32:41.489 --> 00:32:49.749
that I cannot trust that what they're doing is the right thing. Though none of us know

00:32:49.749 --> 00:33:02.749
and I know all these ordinance. And if it's not explained that this time we're going to break the ordinance, that part isn't heard of.

00:33:02.749 --> 00:33:14.749
What's brought to the council is to vote Chief Shenberger in, and we did, without knowing rules were being bent and broken.

00:33:14.749 --> 00:33:37.349
and that just means we have more work to do from Friday after 5 to Monday because we cannot trust the leaders that's in charge to do the right thing.

00:33:37.349 --> 00:33:45.229
I just, I don't know how else to say it. I did not know about this ordinance. I didn't

00:33:45.229 --> 00:33:58.549
know the stipulations. But somebody did. And that didn't matter at the time. And that's

00:33:58.549 --> 00:34:04.869
That's why we're where we are today, because it should have mattered.

00:34:04.869 --> 00:34:08.589
It should have been forthcoming.

00:34:08.589 --> 00:34:15.829
And then maybe two years ago, we would have been changing the rules instead of where we're

00:34:15.829 --> 00:34:18.829
at today.

00:34:18.829 --> 00:34:26.949
Alderperson, Sellers, can I ask a clarification from the City Attorney?

00:34:26.949 --> 00:34:52.170
and

00:34:52.170 --> 00:34:53.769
or Discharge Slash Termination.

00:34:56.250 --> 00:34:58.210
Are there any other discussion?

00:34:58.210 --> 00:34:59.569
Can you repeat that again?

00:35:02.929 --> 00:35:05.529
Violation penalty, any officer violating any provision

00:35:05.529 --> 00:35:08.769
of this section is subject to the discipline of suspension

00:35:08.769 --> 00:35:10.909
without pay until the officer is in compliance

00:35:10.909 --> 00:35:13.569
with this section or discharge slash termination.

00:35:15.849 --> 00:35:17.049
Alderman Shadle.

00:35:17.049 --> 00:35:17.889
Thank you.

00:35:17.889 --> 00:35:28.089
At the time that we were discussing hiring Chief Shenberger, the fact that he lived outside

00:35:28.089 --> 00:35:33.729
the city was discussed and it was discussed that there was an ordinance saying that he

00:35:33.729 --> 00:35:41.210
had to live in and that he had said he would not move within the city and we as a council

00:35:41.210 --> 00:35:47.009
with the understanding that this would come up in the future to change this ordinance,

00:35:47.009 --> 00:35:57.569
We as a council voted to hire Chief Shenberger. You can hold the minutes if you want to, but

00:35:57.569 --> 00:36:06.569
it was discussed and it was understood by myself at any rate and we hired the man. And

00:36:06.569 --> 00:36:14.089
it was with the understanding that this ordinance would be changed and for whatever reason it

00:36:14.089 --> 00:36:17.449
it hasn't come up till now, but here it is.

00:36:21.049 --> 00:36:23.849
Are there any other ones that have not spoken?

00:36:23.849 --> 00:36:25.729
Do they want to speak?

00:36:25.729 --> 00:36:26.569
If not, is there a motion?

00:36:26.569 --> 00:36:27.409
I do.

00:36:27.409 --> 00:36:28.250
Oh, okay.

00:36:29.449 --> 00:36:34.169
I just want to understand you, Alderman Shadle.

00:36:35.669 --> 00:36:40.669
So do I understand you to be saying it was clearly said

00:36:40.670 --> 00:36:55.269
that he would not be moving to town and that the ordinance was discussed and we still voted

00:36:55.269 --> 00:37:08.149
him in knowing that it was all in violation.

00:37:08.149 --> 00:37:10.469
He wants to respond to me.

00:37:10.469 --> 00:37:11.949
Well, he did speak two times.

00:37:11.949 --> 00:37:13.229
I know, but he's...

00:37:13.229 --> 00:37:15.429
So, we gotta follow the rules.

00:37:15.429 --> 00:37:16.269
Yep, that's fine.

00:37:16.269 --> 00:37:18.589
Yeah, he spoke twice, because...

00:37:18.589 --> 00:37:20.149
But then I have no answer.

00:37:20.149 --> 00:37:22.549
But Alderman Sanders wanted to speak again, too,

00:37:22.549 --> 00:37:24.069
and we didn't let him, so I'm trying to...

00:37:24.069 --> 00:37:26.669
But it was not an answer to the question.

00:37:26.669 --> 00:37:29.129
He's trying to answer my question.

00:37:31.549 --> 00:37:33.169
I asked the question.

00:37:35.349 --> 00:37:36.389
Is there...

00:37:36.389 --> 00:37:42.469
How do we handle that? If under our rules if someone wants to speak a third time

00:37:42.469 --> 00:37:46.750
the council has to unanimously vote to let them speak a third time. Okay, is there

00:37:46.750 --> 00:37:53.309
a motion that we let Alderman Shadle speak a third time? I make a motion. I'll

00:37:53.309 --> 00:38:02.869
second that. Okay, so will you call the roll? Shadle? Aye. Sanders? Aye. Sellers? Aye.

00:38:02.869 --> 00:38:32.629
Klemm, Monroe, Simmons, Parker, and Stacy. Aye. And it is unanimous. Okay, Shadle. Yes, it was, as I stated, it was discussed, and it was understood, I thought, by everybody present, but we were all there, and the understanding, the way I recall, is that

00:38:32.629 --> 00:38:33.269
and

00:38:33.269 --> 00:38:37.149
I think that this ordinance would get changed

00:38:37.149 --> 00:38:42.670
and for whatever reason it has not come up till now

00:38:42.670 --> 00:38:44.869
and

00:38:44.869 --> 00:38:49.149
here we are.

00:38:49.149 --> 00:38:53.229
Okay and this is the second reading so we will take a

00:38:53.229 --> 00:38:57.489
motion. I would like to make a motion that we take a recess

00:38:57.489 --> 00:39:00.509
and have the the clerk

00:39:00.509 --> 00:39:19.509
and I. And I think that's what we need to do, to retrieve those meeting minutes, because I don't remember that. I don't remember that we were just going to change this rule, and I quite honestly think that it's ludicrous.

00:39:19.509 --> 00:39:20.509
Second.

00:39:20.509 --> 00:39:23.509
Oh, Alderman Klemm.

00:39:23.509 --> 00:39:30.069
Just so you know, to take a little pressure off of Chief Shenberger, this isn't the first

00:39:30.069 --> 00:39:35.549
time it's been done. It's been done for Todd Barclow. Todd Barclow was police chief two

00:39:35.549 --> 00:39:44.149
times ago. Todd Barclow lived in Forreston. He came up to hire a chief of police and everybody

00:39:44.149 --> 00:39:50.269
was in agreement at that time to let him live in Forreston for that period of time and to

00:39:50.269 --> 00:39:54.889
to stay there. He had built a new house there, had no intention to build another house in

00:39:54.889 --> 00:40:01.750
Freeport. So this is not the first time it happened. So if you think you're not only

00:40:01.750 --> 00:40:02.869
the four people, it's...

00:40:02.869 --> 00:40:09.670
You're not only the four people that sat there and voted somebody in, it's happened before.

00:40:09.670 --> 00:40:18.230
It was chosen a week and it was a good choice to choose people within our, within our department

00:40:18.230 --> 00:40:22.909
rather than to spend $20,000 and go out and try and find somebody else.

00:40:22.909 --> 00:40:27.630
That was the decisions at the time.

00:40:27.630 --> 00:40:28.630
Attorney Zero?

00:40:28.630 --> 00:40:48.429
Oh, no, the owner Clemson. I just so we have a motion and a second about a recess. So that's what's on the table right now is just to talk about whether or not the council should take a short recess per all the men Monroe's request to allow the clerk to go pull the minutes from that prior meeting, I guess.

00:40:48.429 --> 00:40:56.750
Mayor yes without a date it will take quite a while to find open session

00:40:56.750 --> 00:41:04.829
minutes I have not typed closed session minutes from what around the time he was

00:41:04.829 --> 00:41:09.509
hired closed session minutes probably should not be disclosed in open session

00:41:09.509 --> 00:41:15.989
anyway but don't we have a date when he was it was on the on the agenda for him

00:41:15.989 --> 00:41:45.509
Alderman Monroe's motion is to take a short recess so I'll pause in this meeting so that

00:41:45.509 --> 00:41:46.509
and others.

00:41:46.509 --> 00:41:48.549
So, I think we need to make sure that the clerk can go find that set of minutes.

00:41:48.549 --> 00:41:51.150
That was a motion that was made to recess.

00:41:51.150 --> 00:41:52.150
It's been seconded.

00:41:52.150 --> 00:41:56.750
If there's no further discussion, then the council needs to vote on whether or not to

00:41:56.750 --> 00:41:58.549
take the recess.

00:41:58.549 --> 00:42:07.670
So, is there, I mean, there was a first and a second, right, to have it, you want to call

00:42:07.670 --> 00:42:08.670
it a vote?

00:42:08.670 --> 00:42:09.670
Okay.

00:42:09.670 --> 00:42:12.670
Has everybody had a chance to discuss it once?

00:42:12.670 --> 00:42:13.670
Everybody, yep.

00:42:13.670 --> 00:42:14.670
Yeah.

00:42:14.670 --> 00:42:44.069
Can I inject something also while we're on this subject, I just want to make sure if we're going to ask for the minutes in regards to Chief Stenberger, then we need the minutes for all those active applications that hired.

00:42:44.670 --> 00:43:03.670
We need those minutes as well, because they have to have the same scrutiny up on the hiring practices that we have done, whether we need to hear the minutes on the processing of how we went about this.

00:43:03.670 --> 00:43:08.670
So while you're doing Shenbergers, we need the...

00:43:08.670 --> 00:43:12.670
Right now I think that's the only thing.

00:43:12.670 --> 00:43:16.989
that's what we're that's what we're going that's not the motion we got to stay

00:43:16.989 --> 00:43:22.230
with what the motion yes yeah okay so do you want to do a roll call on that

00:43:22.230 --> 00:43:38.230
Shadle no Sanders yes Sellers no Klemm no Monroe I Parker no and Stacy I the

00:43:38.230 --> 00:43:45.469
motion fails three to four okay let's move on is it with the second reading do

00:43:45.469 --> 00:43:52.909
we just wait for the adoption then correct I make a motion that remove this

00:43:52.909 --> 00:44:00.190
to the make how then until we can get this information that we're asking for

00:44:00.190 --> 00:44:07.309
that felt right now that this be held up a couple more weeks ain't gonna make a

00:44:07.309 --> 00:44:16.029
McAdiff and since it's been held up for five, six years so that we can get this information

00:44:16.029 --> 00:44:24.989
and that we could totally understand what have and has not been happening and what needs

00:44:24.989 --> 00:44:30.869
to happen for everybody to be successful.

00:44:30.869 --> 00:44:34.190
So I would like to move this to the May cow.

00:44:34.190 --> 00:44:47.190
It's been moved and second for the moving this to the to the make how is there a

00:44:47.190 --> 00:44:53.230
motion that there was a motion that was so miss Stacy and yes I just wanted to

00:44:53.230 --> 00:44:56.509
note that this has already gone through to to committee of the whole meetings

00:44:56.509 --> 00:45:04.869
Williams, just pointing that out. Yes, it has. I guess my question is, if it's

00:45:04.869 --> 00:45:12.069
went through two committee meetings, COW meetings, and we've talked about this for, this is, yeah,

00:45:12.069 --> 00:45:16.349
but I'm saying, nobody, are you going to pull, are you going to pull it?

00:45:16.349 --> 00:45:19.809
Usually when we have a motion and a second. So there's a discussion, right, this is discussion

00:45:19.809 --> 00:45:23.469
on the motion. Yeah, that's what I'm saying, I'm doing discussion

00:45:23.469 --> 00:45:29.949
on the Motion. If we went through a COW twice and we've had this on the agenda, this is

00:45:29.949 --> 00:45:37.989
the second reading, I just want to know what more information or why aren't we calling

00:45:37.989 --> 00:45:43.069
in or going in and getting the information that we need so we don't have to keep going

00:45:43.069 --> 00:45:49.469
through the process so we can move on with the whole process and move on to the next

00:45:49.469 --> 00:45:58.789
and I. I don't know that it's been two cows because this just came up for first reading

00:45:58.789 --> 00:46:07.909
April the 7th. Then we had the, excuse me? Yes, 310 and 414. Okay, but everything that's

00:46:07.909 --> 00:46:14.029
been revealed tonight, things that's been asked for tonight, what's not even revealed

00:46:14.029 --> 00:46:30.989
Horton asked for at 310 and 47. So, we still, we still lay without, no it has not been four

00:46:30.989 --> 00:46:37.190
times. No, I was reading 47, so I'm reading my minutes. Okay, but I was talking, so when

00:46:37.190 --> 00:46:44.869
you're saying for something I don't know okay but I can hear you and it's like

00:46:44.869 --> 00:46:51.630
you're talking over me because you can't but because you can't what did that mean

00:46:51.630 --> 00:46:56.190
come on with your with your process what you got to talk about so we can move on

00:46:56.190 --> 00:47:01.869
to the next my process is that a motion have been made and seconded right so

00:47:01.869 --> 00:47:31.869
and others. So that's what we're waiting for. Who wants to take the role? Monroe is second. Oh, you got more. Yes. So basically we've asked for multiple times and I've asked the city manager for this. How many people does it affect? Which we've gotten half truths on that. We've got one person living outside the state. We know that. I've done some digging on my own. We've got several people that are outside

00:47:31.869 --> 00:47:37.369
and others, and I can't see the limits as is in the ordinance.

00:47:37.369 --> 00:47:41.789
So the question is, we don't know how many people it affects.

00:47:41.789 --> 00:47:46.130
Quite honestly, those people could have been suspended for not,

00:47:46.130 --> 00:47:50.509
from the six month point after accepting the position to now.

00:47:50.509 --> 00:47:52.569
And none of that was done.

00:47:52.569 --> 00:47:54.509
We don't know any of this information.

00:47:54.509 --> 00:47:56.029
This could affect nobody.

00:47:56.029 --> 00:47:57.989
We don't know.

00:47:57.989 --> 00:48:00.190
It could affect just the chief for all I know.

00:48:00.190 --> 00:48:03.149
and quite honestly, I think all of us would have been okay.

00:48:03.149 --> 00:48:05.549
But the problem is, is we keep asking the same questions

00:48:05.549 --> 00:48:07.389
over and over again, trying to get answers

00:48:07.389 --> 00:48:08.469
and those aren't happening.

00:48:08.469 --> 00:48:11.949
And your statement that we should call in and ask,

00:48:11.949 --> 00:48:15.869
I'm still waiting on three things that I've asked for

00:48:15.869 --> 00:48:18.609
for over two, almost three weeks now.

00:48:18.609 --> 00:48:22.069
And one I asked for last week has been delayed

00:48:22.069 --> 00:48:24.869
because it's much more cumbersome to pull the data.

00:48:24.869 --> 00:48:29.469
But plain and simple, it's not unfair

00:48:29.469 --> 00:48:33.269
to ask for this type of information to put it forward

00:48:34.389 --> 00:48:38.730
and to find out, you know, really, is there anything to this?

00:48:38.730 --> 00:48:42.050
Nobody knows because we keep getting

00:48:42.050 --> 00:48:43.750
kind of stonewalled, if you will.

00:48:50.469 --> 00:48:54.789
Yeah, I just don't want it to have the perception

00:48:55.670 --> 00:48:59.130
of council allowing things to be passive.

00:48:59.469 --> 00:49:21.469
The way that I hear people's opinions and their comments and their remarks lead us to believe that we'd rather be passive about an ordinance that's in effect, that can be affecting everyone here in this city.

00:49:21.469 --> 00:49:46.469
and to my listening ear, that's exactly what I feel that is what's happening and that shouldn't be something I'm having this thing where we're doing injustice to the citizens of Freeport by being passive or ordinances without any consequences for violating ordinances and we need to get right down to the bottom of it.

00:49:46.469 --> 00:49:55.649
How do, what's the process, what's the next move that needs to be made for those that

00:49:55.649 --> 00:50:02.550
are causing consequences of ordinances and violations of ordinances?

00:50:02.550 --> 00:50:03.050
We need-

00:50:03.050 --> 00:50:04.710
and violations of ordinances.

00:50:04.710 --> 00:50:06.490
We need that to be spelled out.

00:50:06.490 --> 00:50:09.810
That's the reason why we're requesting data information

00:50:09.810 --> 00:50:12.530
and not verbal information.

00:50:12.530 --> 00:50:16.289
Everything that we're talking about should be documented,

00:50:16.289 --> 00:50:21.289
should have printouts where we can go along,

00:50:21.510 --> 00:50:24.690
follow the narratives of everything

00:50:24.690 --> 00:50:28.250
that is being talked about even on today or before.

00:50:28.250 --> 00:50:33.250
We had come in to talk about this during our agenda time.

00:50:33.450 --> 00:50:38.450
So my thing is, it's poor service to the council

00:50:38.530 --> 00:50:41.810
when we're not sitting here with data information

00:50:41.810 --> 00:50:44.890
and then everyone is assuming we're guessing

00:50:46.030 --> 00:50:49.769
about what happened this particular day and that day.

00:50:50.810 --> 00:50:53.030
HR could have spilled all of that out for us

00:50:53.030 --> 00:50:55.289
for time dates and all of these kinds of things.

00:50:55.289 --> 00:50:57.090
And I made those requests

00:50:57.090 --> 00:51:00.769
that I have these applications of people

00:51:00.769 --> 00:51:02.410
that are getting hired.

00:51:02.410 --> 00:51:04.530
I wanted them in my files.

00:51:04.530 --> 00:51:07.850
I wanted to be able to read them to see

00:51:07.850 --> 00:51:11.850
when the time date of hiring practice took place

00:51:11.850 --> 00:51:14.769
for non-residencies of Freeport.

00:51:14.769 --> 00:51:17.610
And I still have not received those documents

00:51:17.610 --> 00:51:19.650
nor the recording procedures.

00:51:19.650 --> 00:51:22.610
And so that is another problem.

00:51:22.610 --> 00:51:32.610
We're not, we're not being responsible for getting the additional request information to council and that's why.

00:51:32.610 --> 00:51:42.610
We have to stay on topic with the, with the cow being, all this going to the cow. So is there, you want to read the motion?

00:51:42.610 --> 00:51:47.610
We have a motion to move to the may cow. Ready for a roll call?

00:51:47.610 --> 00:51:48.610
Yes.

00:51:48.610 --> 00:51:49.610
Shadle.

00:51:49.610 --> 00:51:50.610
No.

00:51:50.610 --> 00:51:51.610
Sanders.

00:51:51.610 --> 00:52:01.610
Sellers? No. Klemm? No. Monroe? Yes. Parker? No. Stacy? Yes. The motion fails, four to three.

00:52:08.410 --> 00:52:14.010
So now you're at the second reading on the underlying motion. And is this a two-thirds vote?

00:52:14.010 --> 00:52:20.769
No, just a majority vote.

00:52:20.769 --> 00:52:29.030
So now we're back at the second reading of the ordinance of 2025-17.

00:52:29.030 --> 00:52:30.810
Are you ready for the roll call then?

00:52:30.810 --> 00:52:32.289
Go ahead.

00:52:32.289 --> 00:52:33.289
Shadle?

00:52:33.289 --> 00:52:34.289
Aye.

00:52:34.289 --> 00:52:35.289
Sanders?

00:52:35.289 --> 00:52:36.289
No.

00:52:36.289 --> 00:52:37.289
Sellers?

00:52:37.289 --> 00:52:38.289
Aye.

00:52:38.289 --> 00:52:39.289
Klemm?

00:52:39.289 --> 00:52:40.289
Aye.

00:52:40.289 --> 00:52:41.289
Monroe?

00:52:41.289 --> 00:52:42.289
No.

00:52:42.289 --> 00:52:43.289
Parker?

00:52:43.289 --> 00:53:13.289
No. The motion passes for the ordinance passes four to three. Oh motion fails. I need five. One, two, three. I have four yeas and three nays. Correct. You need five votes concurrent to five votes to pass an ordinance. You are right. I'm so sorry. I forgot that one. Okay. So now we move that to it'll go back to. That's it. Okay. That's it. You move on to the next agenda item. Okay. So now item number six.

00:53:13.289 --> 00:53:19.289
Second reading of Ordinance 2025-... I think it's 19.

00:53:20.570 --> 00:53:24.970
Ordinance amending various parts of City of Freeport Code of Ordinances regarding the

00:53:24.970 --> 00:53:27.130
regulation of wells and septic systems.

00:53:30.170 --> 00:53:32.330
That will be presented by Darren Stekel.

00:53:34.250 --> 00:53:35.530
Yes, thank you.

00:53:39.690 --> 00:53:43.050
This is the fourth meeting that this item has come to.

00:53:43.289 --> 00:53:49.450
it's amending the ordinance for wells and septics within the City of Freeport. At

00:53:49.450 --> 00:53:55.090
the last meeting Mr. Sanders asked for more data so we put four attachments in

00:53:55.090 --> 00:54:01.690
here excuse me one was the memo and three attachments and EPA advertisement

00:54:01.690 --> 00:54:07.410
asking for ordinances relating to well and septic protection within the city

00:54:07.410 --> 00:54:13.170
and since it's the fourth meeting I will take any questions on this but we've

00:54:13.170 --> 00:54:20.810
We've reviewed it, AWWA supports it, IEPA supports it, the Illinois Department of Public

00:54:20.810 --> 00:54:25.130
Health supports it, and so should the City of Freeport, this is for the protection of

00:54:25.130 --> 00:54:28.370
our water and well water that we drink every day.

00:54:28.370 --> 00:54:32.690
Is there a motion to accept?

00:54:32.690 --> 00:54:33.690
Nope.

00:54:33.690 --> 00:54:34.690
Or, no, he just wants to comment.

00:54:34.690 --> 00:54:37.690
This is the second reading, so it's just discussion.

00:54:37.690 --> 00:54:41.730
Go ahead, Sanders, go ahead.

00:54:41.730 --> 00:54:50.730
Well, not a question, but, well, I guess it will roll into a question eventually.

00:54:50.730 --> 00:55:09.730
There's variations of things that have been brought to my attention in regards to the project of implementing a well and septic evaluation survey

00:55:09.730 --> 00:55:23.050
or whatever that you have done to come to the decision or the reason for us introducing

00:55:23.050 --> 00:55:25.650
a new well and all of these things.

00:55:25.650 --> 00:55:33.170
I understand that we have not seeked out the area for contamination.

00:55:33.170 --> 00:55:39.810
We have not done any other surveys for the proper installment of the well to determine

00:55:39.810 --> 00:55:52.090
whether or not there has been any research for the installation of a well and the septics

00:55:52.090 --> 00:55:58.810
that may be possibly around it to determine if there is any contamination with even the

00:55:58.810 --> 00:56:01.350
installation of those wells.

00:56:01.350 --> 00:56:09.910
then I also wanted to learn something about where's this money coming from to do the implementations

00:56:09.910 --> 00:56:18.430
of these wells and septics and the whole project. I like to know where's the money, where's

00:56:18.430 --> 00:56:31.230
the money's at, who's funding this project, whether there's grants, whether there's

00:56:31.230 --> 00:56:41.230
Anything that is in our budget, because I saw in here where something talked about $20

00:56:41.230 --> 00:56:52.990
million to do this operation, if I stand corrected. If I'm not, if I read this wrong, then I will

00:56:52.990 --> 00:56:58.550
read it again. But the thing about it is I'd like to know where this money is coming from.

00:56:58.550 --> 00:57:08.110
How did we get to this place, and how did we discuss this matter, where the money come

00:57:08.110 --> 00:57:14.990
from, and how we come up with this budget to put in a new well, a new project?

00:57:14.990 --> 00:57:25.510
I'll try to answer you. So there is no contamination, so I'm not sure what you're speaking of. The

00:57:25.510 --> 00:57:29.370
Well systems, the water systems in this community are safe.

00:57:29.370 --> 00:57:37.390
This is an ordinance only to establish a protection zone in the city limits for our drinking water.

00:57:37.390 --> 00:57:42.470
The number referenced in the memo is the amount of money that we have been spending on our

00:57:42.470 --> 00:57:43.910
well systems.

00:57:43.910 --> 00:57:51.070
We designed and built well 11 and we're in the process of bidding well 12 right now.

00:57:51.070 --> 00:57:52.950
We've discussed that at the last meetings.

00:57:52.950 --> 00:58:00.950
for $13 million worth of funding towards that project and the rest of it will be paid by the residents of Freeport for Well 12.

00:58:00.950 --> 00:58:11.950
Again, the discussion and the memo referenced protecting our established drinking water within the city for 23,600 residents.

00:58:11.950 --> 00:58:20.950
There is no contamination that we're avoiding. There's no funding for this project. This is just an ordinance and it would go into place.

00:58:20.950 --> 00:58:27.710
We already have ordinance on the book in separate locations within the city of Freeport that we don't allow wells

00:58:27.710 --> 00:58:34.250
And we don't allow septics. This is bringing it full circle. So it's easy for anybody to find in the community

00:58:34.870 --> 00:58:40.210
Illinois EPA is requesting that we do this. Illinois Department of Public Health asking that we do this

00:58:41.210 --> 00:58:44.210
AWWA is recommending that we do this so our

00:58:44.990 --> 00:58:49.650
Title 35 actually requires it which is the guidance from EPA

00:58:49.650 --> 00:58:55.289
J, it requires the setback. I provided all that with the memo. So all of the documentation

00:58:55.289 --> 00:59:00.690
there, all this is saying is nobody can drill a well or put a septic in that already doesn't

00:59:00.690 --> 00:59:06.530
have one in the city unless the City of Freeport authorizes that, which we would not if water

00:59:06.530 --> 00:59:10.930
is available to them or sewer is available to them. That is all that this does.

00:59:10.930 --> 00:59:40.490
Okay, I'd like to. Just a second. Yeah, I'd like to. But wait, we gotta let Alderman Stacy. So, Director Stiegel, are you saying that we are in violation? We are not in violation, but the Source Water Protection Plan that is required by Title 35 requests that all

00:59:40.490 --> 00:59:46.170
communities and it went it's a tiered system based on how many people we have in our community and

00:59:46.170 --> 00:59:52.570
it's in 2025 we're supposed to establish a well and septic ordinance that is very clear to the

00:59:52.570 --> 00:59:56.730
state that we're not going to let somebody just come and drill a well without permission from the

00:59:56.730 --> 01:00:02.890
city and so that is all we are doing here we already have this on the books it's clarifying it for every

01:00:02.890 --> 01:00:07.930
Fowkes, it's clarifying it for everybody, so it's a living document that we can send

01:00:07.930 --> 01:00:12.850
to all the state agencies saying we are already doing this, here's our document.

01:00:12.850 --> 01:00:19.250
So source water protection is so great, anybody that listens to the news, there's water issues

01:00:19.250 --> 01:00:24.170
all over the country, there's billions and trillions of dollars being spent on clean

01:00:24.170 --> 01:00:25.430
source water.

01:00:25.430 --> 01:00:29.930
We have had source water issues in Freeport, so we're trying to protect our investments

01:00:29.930 --> 01:00:32.530
and so we don't end up right where we started from

01:00:32.530 --> 01:00:33.370
at the beginning of this.

01:00:33.370 --> 01:00:38.370
So again, this doesn't really hurt anyone at Freeport.

01:00:39.970 --> 01:00:41.330
Cecelia, you called me today

01:00:41.330 --> 01:00:43.330
and you asked me about a particular street.

01:00:43.330 --> 01:00:45.770
If water's available on that street

01:00:45.770 --> 01:00:49.050
and a gentleman or lady has a well,

01:00:49.050 --> 01:00:51.490
they will not get a permit to renew that well.

01:00:51.490 --> 01:00:54.290
They will be asked to connect to city water.

01:00:54.290 --> 01:00:56.730
And my example is if there's already water

01:00:56.730 --> 01:00:59.730
on those streets, those people are getting

01:00:59.730 --> 01:01:04.030
the source water protection of fire, right?

01:01:04.030 --> 01:01:05.230
If their house starts on fire,

01:01:05.230 --> 01:01:08.190
we're gonna use city water to protect their house

01:01:08.190 --> 01:01:09.470
or the neighbor's houses.

01:01:09.470 --> 01:01:11.550
If they don't pay into the system

01:01:11.550 --> 01:01:13.230
and contribute to the system,

01:01:13.230 --> 01:01:15.030
they're still gonna get fire protection.

01:01:15.030 --> 01:01:18.350
We also already backed this up with ready to serve fees

01:01:18.350 --> 01:01:21.270
for people that as we place new water in areas,

01:01:21.270 --> 01:01:23.750
that people have that time free to connect

01:01:23.750 --> 01:01:25.650
or they have to pay charges in the future.

01:01:25.650 --> 01:01:28.010
We've already done lots of ordinances

01:01:28.010 --> 01:01:30.470
that we're building to the source water protection.

01:01:31.890 --> 01:01:34.750
You can ask Attorney Zito, I'm sure this is very familiar

01:01:34.750 --> 01:01:36.870
in every community we're dealing with.

01:01:36.870 --> 01:01:39.410
This is just the next step in the process.

01:01:39.410 --> 01:01:43.050
I provided all the backups from AWWA,

01:01:43.050 --> 01:01:46.590
the EPA memo requesting that every community

01:01:46.590 --> 01:01:48.330
provide setback protection.

01:01:49.350 --> 01:01:52.710
I also provided the Title 35 documents,

01:01:52.710 --> 01:01:55.470
which is that's the living guideline for water systems.

01:01:55.470 --> 01:01:57.670
You have to meet those conditions

01:01:57.670 --> 01:02:00.630
in order to serve public water to residents.

01:02:00.630 --> 01:02:05.510
That is the Bible that all water systems in Illinois run by.

01:02:05.510 --> 01:02:06.870
And it depends on your size.

01:02:06.870 --> 01:02:09.430
There's different rules for different sized communities

01:02:09.430 --> 01:02:12.470
based on how many people you're serving, right?

01:02:12.470 --> 01:02:16.390
So as long as their well is working.

01:02:16.390 --> 01:02:17.350
They're grandfathered in.

01:02:17.350 --> 01:02:18.750
They're grandfathered in.

01:02:18.750 --> 01:02:26.910
But if that well was to stop and they had access to city water.

01:02:26.910 --> 01:02:41.910
We would not permit... They would not have a choice but... To connect. To connect. Yes, and that being said, people should know that there are not that many wells that exist within the City of Freeport any longer.

01:02:41.910 --> 01:02:53.910
As we've built out the water main systems, people have connected. There's still a few out there. It's also illegal to have well water and city water at the same time. That's called a cross connection.

01:02:53.910 --> 01:03:23.910
and EPA does not allow that because if if somebody had contaminants in the well it could be sucked back into the pot of water system so you should just know that as we have done Bradmar in town we've made all those connections to available to people that was an area that it wasn't fully serviced before that is our mission here is to fully serve our community right now we have i'm going to call it two donut holes that we would have trouble servicing with water and one is the westward

01:03:23.910 --> 01:03:24.910
and others.

01:03:24.910 --> 01:03:26.510
We would open Bible expansion that direction.

01:03:26.510 --> 01:03:28.830
We would have trouble serving that without an extension.

01:03:28.830 --> 01:03:31.570
And the other one is the Woodside Drive area.

01:03:31.570 --> 01:03:35.010
Because of all the trees and networks, we don't have a water system or a sewer system

01:03:35.010 --> 01:03:37.610
that extends all the way through the woods.

01:03:37.610 --> 01:03:39.610
The city's never invested in that.

01:03:39.610 --> 01:03:41.090
So there's the two areas.

01:03:41.090 --> 01:03:44.110
Everywhere else in town, I believe we can service.

01:03:44.110 --> 01:03:45.110
Okay.

01:03:45.110 --> 01:03:50.850
Is the old water system on Brick Street still in operation?

01:03:50.850 --> 01:03:51.970
Correct.

01:03:51.970 --> 01:04:08.370
We have a reserve capacity for Brick Street, so for instance, if we had a major fire or

01:04:08.370 --> 01:04:13.150
a major water break, it's ready to serve the residents, but because of the performative

01:04:13.150 --> 01:04:15.230
compounds, it's only in reserve.

01:04:15.230 --> 01:04:17.890
We do not use it daily and I don't believe we used it.

01:04:17.890 --> 01:04:20.270
Is there a reason why we're not using it?

01:04:20.270 --> 01:04:34.270
We can serve it to residents who are choosing not to because plenipotent compounds have been proven to have issues.

01:04:34.270 --> 01:04:39.270
So that well system at Brick Street is totally in reserve.

01:04:39.270 --> 01:04:45.270
If we had a major emergency, it would get pumped to the system and residents would be notified about it.

01:04:45.270 --> 01:04:48.270
But we do not use it and have not used it ever since well 11 came up.

01:04:48.270 --> 01:04:53.270
and I'm here to talk about that well, that well that you're referring to.

01:04:53.270 --> 01:05:01.270
You're trying to say it never had any problems and the reason why we have to change our strategy on how we use that well.

01:05:01.270 --> 01:05:06.270
Are you saying that there's no problems with that well in our system?

01:05:06.270 --> 01:05:12.270
And I'm trying to find out what prompt this whole thing about the well that needs to,

01:05:12.270 --> 01:05:42.270
and others, and I'm honored to be here today.

01:05:42.270 --> 01:05:46.550
these or these regulations, right?

01:05:46.550 --> 01:05:47.790
Correct.

01:05:47.790 --> 01:05:48.590
Shadle?

01:05:48.590 --> 01:05:49.350
Aye.

01:05:49.350 --> 01:05:50.230
Sanders?

01:05:50.230 --> 01:05:51.030
No.

01:05:51.030 --> 01:05:51.710
Sellers?

01:05:51.710 --> 01:05:52.550
Aye.

01:05:52.550 --> 01:05:53.310
Klemm?

01:05:53.310 --> 01:05:54.030
Aye.

01:05:54.030 --> 01:05:55.190
Monroe?

01:05:55.190 --> 01:05:56.470
No.

01:05:56.470 --> 01:05:57.350
Parker?

01:05:57.350 --> 01:05:57.990
Aye.

01:05:57.990 --> 01:05:58.490
Stacy?

01:06:07.710 --> 01:06:08.950
Aye.

01:06:08.950 --> 01:06:13.510
The ordinance passes 5 to 2.

01:06:13.510 --> 01:06:19.990
Move on to second reading of Ordinance 2025-23.

01:06:19.990 --> 01:06:22.670
Ordinance Establishing a Special Service Area,

01:06:22.670 --> 01:06:24.870
Gladewood Subdivision.

01:06:24.870 --> 01:06:26.990
Manager Boyer.

01:06:26.990 --> 01:06:29.710
Thank you, Madam Chairperson.

01:06:29.710 --> 01:06:32.990
As we've been discussing for a few meetings,

01:06:32.990 --> 01:06:35.470
the Gladewood residents, there's a confusion

01:06:35.470 --> 01:06:42.130
Over, Who Maintained the Street of Gladewood? It came to light that on the

01:06:42.130 --> 01:06:46.090
plat that there was a document or there was a verbiage on the plat that said

01:06:46.090 --> 01:06:50.010
essentially until these improvements were made at the time the subdivision was

01:06:50.010 --> 01:06:53.050
built that the city would not receive that road until those improvements were

01:06:53.050 --> 01:06:57.210
made. Those improvements haven't made but over a number of years it's been very

01:06:57.210 --> 01:07:01.730
confusing and I think the residents assumed that it was a city street since

01:07:01.730 --> 01:07:08.690
they were in the city and once we found this information we discussed it with the residents

01:07:08.690 --> 01:07:13.450
of Gladewood at this time to move forward and we've talked to that we've received enough

01:07:13.450 --> 01:07:19.090
petitions to move forward with a special assessment area that would allow the residents to contribute

01:07:19.090 --> 01:07:24.450
to the improvements of that road in the future but in the meantime there are several emergent

01:07:24.450 --> 01:07:30.650
issues one is the entryway about 200 feet and the exit at 200 feet very bad full potholes

01:07:30.650 --> 01:08:00.650
but it's necessary for us to move forward with a special service area so that we can then have them contribute to these repairs and in the future repairs so before you is to adopt the special service area a public hearing must be held to allow for objections and the ordinance before council tonight simply sets that hearing so we are simply setting a hearing date for the discussion of having the special service area

01:08:00.650 --> 01:08:08.410
Nothing more. It's going to be an open public session for that. So anyway, if that is the

01:08:08.410 --> 01:08:13.170
reason for moving forward with this ordinance this second reading. Yes.

01:08:13.170 --> 01:08:19.370
Alderman, I think Alderman Stacy had her hand up before you did.

01:08:19.370 --> 01:08:36.289
City Manager Boyer, you just stated that they were asked to make improvements and that those

01:08:36.289 --> 01:08:38.010
improvements were made.

01:08:38.010 --> 01:08:39.010
No.

01:08:39.010 --> 01:08:40.010
I did not say that.

01:08:40.010 --> 01:08:47.250
What improvements were made because, to my understanding, none were made?

01:08:47.250 --> 01:08:52.630
I'm sorry if you misheard me or I misspoke, but the improvements on the plat required certain

01:08:52.630 --> 01:08:55.289
improvements that were never made.

01:08:55.289 --> 01:08:56.610
That were never made?

01:08:56.610 --> 01:08:57.610
Correct.

01:08:57.610 --> 01:09:01.250
Okay, you said that were made.

01:09:01.250 --> 01:09:03.310
Okay.

01:09:03.310 --> 01:09:19.810
and so this hearing would be a hearing to see if the city takes on Gladewood and they become

01:09:19.810 --> 01:09:22.270
part of our city.

01:09:22.270 --> 01:09:26.829
The hearing is required by a state statute for a special service area.

01:09:26.829 --> 01:09:33.130
So what this would be is it would be a public setting where people can discuss the merits

01:09:33.130 --> 01:09:40.450
of Becoming a Special Service Area, therefore they would participate in the cost share of

01:09:40.450 --> 01:09:43.090
future improvements and things to the road.

01:09:43.090 --> 01:09:52.909
Okay, so what about the things that were supposed to happen, like the streets and the curbs

01:09:52.909 --> 01:09:56.650
and all that, that did not happen?

01:09:56.650 --> 01:10:02.650
Well, at some time in the future, when that road is reconstructed, not today,

01:10:02.650 --> 01:10:31.150
We will have to review the potential of doing a rural cross-section to that area to provide drainage and so forth for that road, but at the current time, what we're looking for and what we're looking at doing is just some emergent repairs to the entry and exit of Gladewood to remediate the vast majority of the pavement quality issues.

01:10:31.150 --> 01:10:36.830
well isn't it fair to say that those repairs have already happened haven't they already went out and

01:10:36.830 --> 01:10:42.990
blacktopped the holes in the roads no that's not it now we're talking about about a reconstruction

01:10:42.990 --> 01:10:50.270
repair of the base and a repaving of the first 200 feet on both ends of bladewood before our city

01:10:50.270 --> 01:11:00.350
streets in our five-year okay so there'll be 400 feet of repairs a combined total of 400 feet okay

01:11:00.350 --> 01:11:12.350
So, we're not reconstructing Gladewood, we are simply making repairs to the entry and exit sufficient to get rid of the potholes and the degraded pavement in those areas. It's the worst areas in that neighborhood.

01:11:12.350 --> 01:11:13.350
Wood.

01:11:13.350 --> 01:11:20.990
But I just want to say at this time we're just trying to do a notice of hearing, right, for

01:11:20.990 --> 01:11:24.670
the special service so it's not where anything is going to get done.

01:11:24.670 --> 01:11:30.590
We're having a hearing to see what people have to say about the, is that what you're

01:11:30.590 --> 01:11:31.590
saying to us?

01:11:31.590 --> 01:11:32.590
That's correct.

01:11:32.590 --> 01:11:33.590
Okay.

01:11:33.590 --> 01:11:34.590
Well, I'd like to-

01:11:34.590 --> 01:11:35.590
Let me get Monroe.

01:11:35.590 --> 01:11:36.590
Oh, okay.

01:11:36.590 --> 01:11:37.590
Alderman Monroe.

01:11:37.590 --> 01:11:41.410
Thank you, Alderman Sellers.

01:11:41.410 --> 01:11:45.890
So a quick question for the City Manager or the Public Works or whoever has the answer

01:11:45.890 --> 01:11:48.490
to this.

01:11:48.490 --> 01:11:53.450
Have all of the citizens living in that neighborhood been paying taxes up to this point?

01:11:53.450 --> 01:11:56.650
The normal taxes?

01:11:56.650 --> 01:11:57.650
I can't answer that.

01:11:57.650 --> 01:11:58.650
I don't know.

01:11:58.650 --> 01:11:59.650
I assume so.

01:11:59.650 --> 01:12:02.770
You can't assume.

01:12:02.770 --> 01:12:04.450
So yeah.

01:12:04.450 --> 01:12:11.010
So the reason I asked that question, here we're moving forward to potentially take over

01:12:11.010 --> 01:12:12.010
Fowler.

01:12:12.010 --> 01:12:17.530
We've been taking care of as well as the rest of the streets in Freeport to officially take

01:12:17.530 --> 01:12:25.010
over doing the roadways and now we're potentially adding additional fees onto the residents

01:12:25.010 --> 01:12:30.790
that live there that potentially could be, could have been paying taxes the entire time

01:12:30.790 --> 01:12:39.690
so the road was potentially, I don't even know how to say this at this point, we've

01:12:39.690 --> 01:12:43.410
We've been plowing it, we've been taking care of it, we've been salting it, we've been

01:12:43.410 --> 01:12:50.010
patching holes here and there, but yet now we've been doing that for X amount of years

01:12:50.010 --> 01:12:53.770
and now we're saying, well, it really wasn't our road.

01:12:53.770 --> 01:12:59.410
So it tells me we don't know which roads are ours and which ones aren't.

01:12:59.410 --> 01:13:03.050
And we may tack on an extra fee to them.

01:13:03.050 --> 01:13:04.050
$400.

01:13:04.050 --> 01:13:05.050
Per year?

01:13:05.050 --> 01:13:06.890
Is it $400 a year?

01:13:06.890 --> 01:13:07.890
Yes, sir.

01:13:07.890 --> 01:13:08.890
and so on.

01:13:08.890 --> 01:13:11.850
So we may do that so that we can fix a road that they've already been paying for out of

01:13:11.850 --> 01:13:13.530
their property taxes.

01:13:13.530 --> 01:13:17.170
If they're paying property taxes.

01:13:17.170 --> 01:13:24.790
So that, well, try to, I'm not understanding, I guess I'm really confused because if somebody's

01:13:24.790 --> 01:13:32.570
already paying the full taxes and some legal, nothing different than what we're doing with

01:13:32.570 --> 01:13:38.330
and the Public Works, Fire, Police, everybody else that is supposed to be following the

01:13:38.330 --> 01:13:41.330
ordinances.

01:13:41.330 --> 01:13:47.650
Well why are we tacking on to $400 to each household and then doing, I guess explain

01:13:47.650 --> 01:13:49.410
to me, I'm missing something.

01:13:49.410 --> 01:13:53.510
Well in the City of Freeport there are a number of private streets.

01:13:53.510 --> 01:14:00.770
This was one of them that we were not aware of until recent title work was performed related

01:14:00.770 --> 01:14:02.410
to the Claywood Bridge.

01:14:02.410 --> 01:14:11.410
We discovered that we then held off on any pavement operations until we were able to come to a resolution with the residents.

01:14:11.410 --> 01:14:20.410
So we do have a tentative resolution with them, but we need to go through the process and the first step of the process is a session, a public hearing.

01:14:20.410 --> 01:14:24.410
So what we're asking for tonight is just to move forward with the public hearing.

01:14:24.410 --> 01:14:34.370
Alderman, Jett Darren, let me Yeah, isn't there a state regulation that

01:14:34.370 --> 01:14:44.490
private property or plots, as you might refer to them, has a duty of being annexed into

01:14:44.490 --> 01:14:45.490
the city?

01:14:45.490 --> 01:14:47.530
Because they're not annexed into the city.

01:14:47.530 --> 01:14:49.570
No, they're not.

01:14:49.570 --> 01:14:52.410
Show me that in a document file or whatever.

01:14:52.410 --> 01:15:07.410
Well, I need to see that before you make that comment. I'm asking the question, are there, I asked that last week, it doesn't matter, that doesn't tell me nothing.

01:15:07.410 --> 01:15:15.730
I'm asking no that's not that that does not validate anything but my my point is

01:15:15.730 --> 01:15:22.370
from the director is there an annex of that private area into the city of

01:15:22.370 --> 01:15:26.570
Freeport before we start doing maintenance's any kind of special

01:15:26.570 --> 01:15:36.370
services tax levying any kind of monies that is generated from this from this

01:15:36.370 --> 01:15:38.370
and

01:15:39.370 --> 01:15:41.370
Mr.

01:15:42.370 --> 01:15:44.370
DeWine.

01:15:45.370 --> 01:15:49.370
Are they annexed into this so they would be eligible for any future

01:15:50.370 --> 01:15:54.370
maintenance services and we can't put the cart before the horse, so

01:15:55.370 --> 01:16:01.370
which one is it? Are we annexed into, is this place annexed?

01:16:01.370 --> 01:16:05.890
Yes, Gladewood were annexed into the city, so they are part of the city, but there are,

01:16:05.890 --> 01:16:09.210
like I mentioned earlier, there's a number of private roads in the city, even though they

01:16:09.210 --> 01:16:12.250
exist in the city, they are not city streets.

01:16:12.250 --> 01:16:18.330
So all we're doing here is asking to move forward with a public hearing to discuss the

01:16:18.330 --> 01:16:26.530
opportunity to bring in Gladewood as, or receive Gladewood as a city street.

01:16:26.530 --> 01:16:27.530
Director.

01:16:27.530 --> 01:16:37.070
Director, I just want to give you a little bit more background here to support Manager

01:16:37.070 --> 01:16:39.570
Boyer's information.

01:16:39.570 --> 01:16:47.850
So in the plat, which plats are the governing guidelines behind the subdivision, it specifically

01:16:47.850 --> 01:16:55.870
had a special note on this plat that is a little unusual to plats and it said basically

01:16:55.870 --> 01:17:02.890
that the subdivision developer would establish curb, drainage, et cetera, within the community

01:17:02.890 --> 01:17:05.350
for the city to accept the streets.

01:17:05.350 --> 01:17:11.310
So in the research of the documents, when Gladewood became an issue, this has been going

01:17:11.310 --> 01:17:18.590
on I believe for a better part of two years, the negotiations, we dug up the documents.

01:17:18.590 --> 01:17:23.910
Everybody in Freeport that comes to the city says every problem within the cities, the

01:17:23.910 --> 01:17:38.910
Boyer has challenged all the directors to dig into these problems to make sure before we're spending money that they are truly city problems, so we're spending taxpayers' monies effectively.

01:17:38.910 --> 01:17:50.910
In our research, this note was discovered, which is unusual on plats, and so therefore we got the attorneys involved and the attorneys agreed that since they didn't make the improvements,

01:17:50.910 --> 01:18:01.910
and I have been working with the city to make improvements, whether the subdivision was the next in or not, the city never accepted the roadway because the improvements were made to the city standards which were required.

01:18:01.910 --> 01:18:11.910
That is the whole argument here, right? If the improvement wasn't made, it doesn't matter what they did or what taxes they paid, the developer never finished for the city to accept it.

01:18:11.910 --> 01:18:19.310
Manager Boyer has been working with Attorney Cox on a resolution that would benefit everyone

01:18:19.310 --> 01:18:23.090
without going to court over this situation.

01:18:23.090 --> 01:18:29.330
And again, everybody's been bringing minds and ideas together to fix the situation.

01:18:29.330 --> 01:18:33.150
The city has installed water and sewer to this subdivision.

01:18:33.150 --> 01:18:41.290
I believe the original plaque goes back to the 60s, if I'm not mistaken, 50s, 60s, 63.

01:18:41.290 --> 01:18:48.370
So again, it's a long-term, what Darren Stekel terms as a ghost problem in Freeport that

01:18:48.370 --> 01:18:53.950
started under many, many, many mayors ago that we're trying to get to a final resolution

01:18:53.950 --> 01:18:58.850
that everybody can agree on so we don't ever have to talk about it again.

01:18:58.850 --> 01:19:04.210
And I can't tell you how many of these have happened in my last three years of helping

01:19:04.210 --> 01:19:10.490
this council move on from issues that have been coming from other leaders of the community

01:19:10.490 --> 01:19:14.090
that are now saddled and burdened to this administration.

01:19:14.090 --> 01:19:16.690
But instead of us just kicking the can down the road

01:19:16.690 --> 01:19:18.490
and going out there and throwing some patch down

01:19:18.490 --> 01:19:20.970
and say we're done, we're trying to be wise stewards

01:19:20.970 --> 01:19:23.370
of taxpayers' money and go by the rules.

01:19:23.370 --> 01:19:26.650
And so everybody's upset about us just trying

01:19:26.650 --> 01:19:29.250
to do the right thing at the right time

01:19:29.250 --> 01:19:30.890
and not push it down the road.

01:19:30.890 --> 01:19:34.290
So instead of everybody being upset,

01:19:34.290 --> 01:19:36.230
I think maybe look at the other side of the coin

01:19:36.230 --> 01:19:37.870
that we're trying to be responsible

01:19:37.870 --> 01:19:40.870
and do the right thing for everyone involved here.

01:19:40.870 --> 01:19:45.870
There is no bound agreement that they ever fulfilled

01:19:46.270 --> 01:19:49.510
for the city to accept the street, right?

01:19:49.510 --> 01:19:52.830
And yes, other city managers,

01:19:52.830 --> 01:19:56.010
other mayors directed staff to maintain it.

01:19:56.010 --> 01:19:58.310
But just because we did something wrong in the past

01:19:58.310 --> 01:20:00.590
doesn't make it right now.

01:20:00.590 --> 01:20:02.830
And so we're trying to fix those issues.

01:20:02.830 --> 01:20:07.990
and so we're trying to fix those issues and be fair to everybody so it can be resolved

01:20:07.990 --> 01:20:13.370
with a positive benefit to the residents who want roads fixed and the city who doesn't

01:20:13.370 --> 01:20:18.110
want to accept the full burden of something that happened from the 60s.

01:20:18.110 --> 01:20:21.110
That's all I have to say.

01:20:21.110 --> 01:20:23.070
Alderman Monroe.

01:20:23.070 --> 01:20:24.070
Thank you Alderman Sellers.

01:20:24.070 --> 01:20:26.710
I don't think we're, you know, up in arms.

01:20:26.710 --> 01:20:31.270
We're just trying to understand the problem and you know typically in Illinois when an

01:20:31.270 --> 01:20:37.070
and Annxation takes place, man, and tell me if I'm wrong, the roadways are annexed in

01:20:37.070 --> 01:20:43.550
even if they're private, should be at that point in time. But the problem is, a lot of

01:20:43.550 --> 01:20:49.990
the documents, I can't even get documents from Director Richter before 2017. So we don't

01:20:49.990 --> 01:20:55.190
know if the city accepted or didn't accept, in some instances, potentially.

01:20:55.190 --> 01:21:01.230
I can verify that there is no document that we have found anywhere and we have dig, big

01:21:01.230 --> 01:21:05.390
Deep Diving, even Dovie has, that says that we have ever accepted the roadway.

01:21:06.310 --> 01:21:09.110
So otherwise we wouldn't be having this discussion.

01:21:10.790 --> 01:21:30.910
Do you see why we're asking the questions? It's not to be, it's not to be hard, but it's it's just trying to understand the issue and you're about to tack on $400 a year for 15 years, which comes out to a healthy sum of money on top of taxes, which are already some of the highest in the country.

01:21:31.230 --> 01:22:01.230
and not everybody on that street was around in 1963, 65, 70 and so the issue that was kicked down the road, which is so many of the problems here in Freeport, I think we're just trying to understand so that, you know, we protect those citizens. We're responsible for everybody, even if it's not in our ward, to make sure that we do the right thing. So, you know, I think just trying to understand the issue and where

01:22:01.230 --> 01:22:05.230
and I, and we're going to be doing a lot of research on this.

01:22:05.230 --> 01:22:11.230
So, I think that's where it's coming from is really where we're at on this.

01:22:11.230 --> 01:22:21.230
And to be fair, we have done a lot of preliminary research on the area and some street evaluations

01:22:21.230 --> 01:22:23.230
and cost estimates for replacing all of it.

01:22:23.230 --> 01:22:30.230
So, you know, there's probably close to a mile worth of roadway if you counted every, you know,

01:22:30.230 --> 01:22:34.510
do a lot of legwork on this property to to try to be the fair to all parties and

01:22:34.510 --> 01:22:43.790
that's all we're trying to do. So I know that there's I believe 17 families 17

01:22:43.790 --> 01:22:57.790
houses or 17 residents. Did you or did you not say they were paying city taxes?

01:23:00.230 --> 01:23:11.670
taxes are handled by the Stevenson County that wouldn't be records we'd hold so no

01:23:11.670 --> 01:23:17.710
one knows well the Stevenson County clerk would be the one who or treasurer would

01:23:17.710 --> 01:23:23.430
have that information okay I'll just that's just a little odd to me that we're

01:23:23.430 --> 01:23:29.630
We're here now, and that simple question can't be answered.

01:23:29.630 --> 01:23:34.070
So is there a motion to move this?

01:23:34.070 --> 01:23:37.830
This is the second reading, so you know.

01:23:37.830 --> 01:23:40.630
So if there's not discussion, then you can, then it'd be ready.

01:23:40.630 --> 01:23:41.990
Is there any other discussion?

01:23:41.990 --> 01:23:44.630
We have two from Stacy, two from Monroe.

01:23:44.630 --> 01:23:48.430
Is there anyone else that has anything to say?

01:23:48.430 --> 01:23:51.630
I need to understand something.

01:23:55.150 --> 01:23:56.750
So we have this hearing

01:23:58.990 --> 01:24:03.990
and we find out that they are not paying city taxes.

01:24:05.950 --> 01:24:10.410
After this hearing, we're adopting them in any way.

01:24:10.410 --> 01:24:11.330
Is this...

01:24:13.590 --> 01:24:14.430
Manager Boyer.

01:24:14.430 --> 01:24:17.990
I think we could ask Attorney Cox, who's standing right here,

01:24:17.990 --> 01:24:19.990
if you want to talk about the process and

01:24:24.490 --> 01:24:26.490
Can we ask him questions?

01:24:27.490 --> 01:24:35.610
In just in in response to the question about paying the taxes they are absolutely within the city of Freeport's taxing district

01:24:35.690 --> 01:24:37.370
So I think

01:24:37.370 --> 01:24:40.330
What you're hearing is clerk Anderson saying well, I can't confirm

01:24:41.010 --> 01:24:47.030
Specifically that they are paying the taxes because somebody might not be but they're being assessed taxes for the city of Freeport

01:24:47.030 --> 01:24:48.030
and others.

01:24:48.030 --> 01:24:49.030
They're within the City of Freeport.

01:24:49.030 --> 01:24:50.510
They were annexed in the 1960s.

01:24:50.510 --> 01:24:57.310
So since then, there have been City of Freeport property taxes levied against that property.

01:24:57.310 --> 01:25:06.110
And then as to the process here, what happens with the hearing, the hearing is really a

01:25:06.110 --> 01:25:07.150
preliminary step.

01:25:07.150 --> 01:25:11.130
What you have is actually a petition from a majority of the landowners in Gladewood

01:25:11.130 --> 01:25:12.130
subdivision.

01:25:12.130 --> 01:25:15.830
So they're actually asking the city to set this for hearing because that's the first

01:25:15.830 --> 01:25:19.550
Stepp in the establishment of a special service area.

01:25:19.550 --> 01:25:27.830
So as Darren pointed out, as Director Steekle pointed out,

01:25:27.830 --> 01:25:30.590
City Manager Boyer and I have engaged

01:25:30.590 --> 01:25:35.350
in significant discussions with the landowners in terms of,

01:25:35.350 --> 01:25:37.390
well, this might be something that

01:25:37.390 --> 01:25:44.910
would be palatable in the form of a recommendation to council.

01:25:44.910 --> 01:25:49.910
and on the other hand, also palatable to the property owners.

01:25:51.430 --> 01:25:53.910
In other words, a compromise resolution here

01:25:53.910 --> 01:25:56.830
to a situation that's existed since the 60s,

01:25:56.830 --> 01:25:57.710
sort of in limbo.

01:25:57.710 --> 01:26:01.230
So trying to just bring this to a conclusion

01:26:01.230 --> 01:26:03.350
so we all know where we stand.

01:26:03.350 --> 01:26:05.930
So what would happen with the hearing

01:26:05.930 --> 01:26:09.650
is that's a preliminary step where the plan

01:26:09.650 --> 01:26:13.910
is laid out in the ordinance, would be introduced,

01:26:13.910 --> 01:26:43.910
and then anybody would have an opportunity to ask questions and that's anybody within the community and not necessarily just within the Gladewood subdivision and then any objectors within the Gladewood subdivision if they're going to be subject to this tax and they don't want to pay it they would have an opportunity to object and that's really where there's a 60 day waiting period after the hearing where if you're a resident of the Gladewood subdivision you can object and if a majority of the owners object

01:26:43.910 --> 01:26:44.910
and so on.

01:26:44.910 --> 01:26:57.270
So, the residents of Gladewood really do have some direction over their own destiny here.

01:26:57.270 --> 01:27:03.950
Assuming because we have the petition of a majority, unless one or more flips their position,

01:27:03.950 --> 01:27:09.910
we have an assumption that this will come back to council eventually after that 30 days

01:27:09.910 --> 01:27:12.110
if we don't have a majority of objections.

01:27:12.110 --> 01:27:18.630
and then this council will really be considering for the first time whether this is a good

01:27:18.630 --> 01:27:19.630
idea or not.

01:27:19.630 --> 01:27:22.730
That's when the merits really get considered.

01:27:22.730 --> 01:27:29.230
So you could have a situation where this doesn't come back because it fails because of an objection.

01:27:29.230 --> 01:27:33.790
You receive more information because of the public hearing process.

01:27:33.790 --> 01:27:37.590
You would have the opportunity to attend that and ask any questions at that point.

01:27:37.590 --> 01:27:43.230
So this is a very, very preliminary step and in no way binds the council.

01:27:43.230 --> 01:27:48.430
It's just a matter of taking the first step in this process to even evaluate if it's a

01:27:48.430 --> 01:27:49.430
good idea.

01:27:49.430 --> 01:27:53.390
Okay, I have a question for you.

01:27:53.390 --> 01:28:02.190
At the 4-7 meeting, there was some Claywood people in the audience and there was a gentleman

01:28:02.190 --> 01:28:12.550
Back there, and when the statement was made that they represent, he was like, they don't

01:28:12.550 --> 01:28:16.790
represent me, I don't, you know, all that.

01:28:16.790 --> 01:28:25.710
And so, if this is to their advantage, why would he respond like that?

01:28:25.710 --> 01:28:31.610
Well, and I saw the same reaction, I was here and I noted that.

01:28:31.610 --> 01:28:37.330
What we have is a majority at this point, and when you have a majority, that's not necessarily

01:28:37.330 --> 01:28:41.290
a unanimous position, so you could have some dissenters.

01:28:41.290 --> 01:28:46.410
The way the statute reads is if a majority want this matter to come forward to council,

01:28:46.410 --> 01:28:47.410
it will.

01:28:47.410 --> 01:28:50.210
If a majority don't want it to come forward to council, it just fails.

01:28:50.210 --> 01:28:55.410
I mean, we don't even have the ability to establish a special service area at that point.

01:28:55.410 --> 01:29:00.810
So I would guess that the gentleman who was expressing some dissatisfaction was probably

01:29:00.810 --> 01:29:01.810
and others.

01:29:01.810 --> 01:29:07.370
And that's pertaining to the $400 tax.

01:29:07.370 --> 01:29:12.170
That I don't presume to know that because it could be the scope of the work agreed to.

01:29:12.170 --> 01:29:14.930
It could be any number of things.

01:29:14.930 --> 01:29:21.730
There's a lot in that ordinance, but I presume if I were forced to guess, I would say it's

01:29:21.730 --> 01:29:26.090
to the payment of the taxes.

01:29:26.090 --> 01:29:50.090
We just looked it up while Attorney Cox was talking, and I looked right on my laptop, they pay city taxes just like everybody else.

01:29:50.090 --> 01:30:02.090
Okay, so that's the benefit for that subdivision when the city steps in to do any kind of special service work in that area, is that correct?

01:30:02.090 --> 01:30:08.730
is that correct? And they are paying their full extent of their property taxes or taxes

01:30:10.010 --> 01:30:17.450
to the city of Freeport and the investment that the city makes within that subdivision is a benefit

01:30:17.450 --> 01:30:27.530
to them and everything should be okay for far as moving forward to allow them to receive the special

01:30:27.530 --> 01:30:29.530
and

01:30:30.530 --> 01:30:32.530
Mr.

01:30:33.530 --> 01:30:35.530
Miller.

01:30:36.530 --> 01:30:39.530
And I think that's kind of up to them and then up to this

01:30:39.530 --> 01:30:41.530
council.

01:30:42.530 --> 01:30:45.530
» Well, the thing is why is it left up to the council if they

01:30:45.530 --> 01:30:49.530
want to petition for it? And who is hosting this hearing?

01:30:49.530 --> 01:30:55.530
Who is the people that are hosting it? And to get the

01:30:55.530 --> 01:31:02.450
something that the city puts on that we operate within that structure of a

01:31:02.450 --> 01:31:09.570
meeting with the with that subdivision it it it would be hosted or the city the

01:31:09.570 --> 01:31:15.250
city taxpayers or the citizens of the city of Freeport that can be part of

01:31:15.250 --> 01:31:19.650
this whole scenario well certainly anybody who wants to attend would be

01:31:19.650 --> 01:31:23.970
entitled to it's the the meeting is it's deemed a public hearing it's more in the

01:31:23.970 --> 01:31:48.530
and

01:31:48.530 --> 01:31:57.970
Posting, or the City Manager, or someone that is making sure that everything is flowing accordingly.

01:31:57.970 --> 01:32:00.710
Or you.

01:32:00.710 --> 01:32:06.850
Someone has to be there to make this establishment happen, and the taxpayers should not have

01:32:06.850 --> 01:32:14.250
to make an investment to put on a town hall meeting if they have to pay an individual

01:32:14.250 --> 01:32:16.350
to host this thing.

01:32:16.350 --> 01:32:19.750
I don't know how it's governed at this particular time.

01:32:19.750 --> 01:32:22.070
Well, I would anticipate that that would be staff,

01:32:22.070 --> 01:32:23.470
you know, probably salaried staff.

01:32:23.470 --> 01:32:25.110
That's gonna be Manager Boyer,

01:32:25.110 --> 01:32:28.990
that's gonna be Director Duckman, probably Director Stiegel.

01:32:30.510 --> 01:32:35.230
And so that's a, again, it would be,

01:32:36.510 --> 01:32:38.750
I think hosted is a strong word, moderated.

01:32:38.750 --> 01:32:40.910
Moderator, I should say moderator, yeah.

01:32:40.910 --> 01:32:42.190
Typically we do those here.

01:32:42.190 --> 01:32:45.030
I mean, City Hall is just set up well for it.

01:32:45.030 --> 01:32:46.310
We can do it in council chambers

01:32:46.310 --> 01:32:48.550
and it's just on an off night when council chambers

01:32:48.550 --> 01:32:50.390
aren't otherwise being used.

01:32:50.390 --> 01:32:52.990
So we would set that up and then invite anybody

01:32:52.990 --> 01:32:54.930
who wants to attend to be here.

01:32:56.570 --> 01:33:00.750
And the majority determines whether or not

01:33:00.750 --> 01:33:02.630
this moves forward?

01:33:02.630 --> 01:33:03.850
The majority of the,

01:33:06.070 --> 01:33:07.630
let me clarify the question,

01:33:07.630 --> 01:33:10.990
a majority of this council or the majority of the land owners?

01:33:10.990 --> 01:33:13.990
Of the town hall.

01:33:13.990 --> 01:33:16.550
So there's not a vote taken at the town hall.

01:33:16.550 --> 01:33:19.270
Town hall is just informational.

01:33:19.270 --> 01:33:21.850
So that's an opportunity, again, to ask questions

01:33:21.850 --> 01:33:23.670
and learn more about the project.

01:33:23.670 --> 01:33:27.150
The residents of Gladewood, those 17 residents,

01:33:27.150 --> 01:33:29.390
are the only people that really...

01:33:29.390 --> 01:33:30.550
Have a vote.

01:33:30.550 --> 01:33:33.030
Yeah, they would have, more specifically,

01:33:33.030 --> 01:33:34.730
they have an opportunity to object.

01:33:34.730 --> 01:33:36.890
So it's not really a vote-taking process.

01:33:36.890 --> 01:33:38.410
They would have to file an objection

01:33:38.410 --> 01:33:40.470
within that 60-day objection period.

01:33:40.470 --> 01:33:43.630
So if I live in Gladewood and I don't like it,

01:33:43.630 --> 01:34:06.130
What would be a purpose of objecting? Why would that particular subdivision object to anything when they're getting free services or I'm not going to say free services, taxpayer services to maintain their roles and the conditions of their property and things of this nature?

01:34:06.130 --> 01:34:12.890
and others. So why would anyone be in that area objecting? Is it fearful that they may

01:34:12.890 --> 01:34:16.210
have an increase in their tax property when that happens?

01:34:16.210 --> 01:34:21.610
Well, again, I, Alderman Sanders, I wouldn't presume the answer for anybody that lives

01:34:21.610 --> 01:34:26.610
there, but I, typically when we see an objection, it's, well, I'm being taxed too much.

01:34:26.610 --> 01:34:30.210
Yeah, that's what I, that's what I was leading to.

01:34:30.210 --> 01:34:35.530
But again, anyone could object for any reason. You know, maybe they don't like the road surface

01:34:35.530 --> 01:34:41.850
and others. It's being included or whatever. Or just for no reason whatsoever. I mean, if

01:34:41.850 --> 01:34:46.330
I'm a resident out there, I could just file something saying, well, I object. Period.

01:34:46.330 --> 01:34:54.330
And that's good enough. And that's what determines whether this council ever gets this back.

01:34:54.330 --> 01:34:55.330
Mike?

01:34:55.330 --> 01:34:58.690
Dan wanted to say something.

01:34:58.690 --> 01:35:03.330
With the public hearing process, the city would run that. It's more of a discovery process

01:35:03.330 --> 01:35:08.130
Rather than, and it's called a hearing, but people can come in and give their input.

01:35:08.130 --> 01:35:11.390
That input's recorded and then that'll be brought back to the council.

01:35:11.390 --> 01:35:15.810
So then if the members of Gladewood or the community of Gladewood decides they want to

01:35:15.810 --> 01:35:19.610
move forward, then we would bring you that with the discovery with, hey, people were

01:35:19.610 --> 01:35:22.010
in favor of this or people were not in favor of it.

01:35:22.010 --> 01:35:26.210
And then it's up to the council to make the decision whether that moves forward or not.

01:35:26.210 --> 01:35:32.390
Do I understand that there was a fundraising of a certain amount of dollars that they had

01:35:32.390 --> 01:35:40.950
that accumulated for what purpose the dollars was raised for, what was the whole purpose

01:35:40.950 --> 01:35:47.230
of raising something like $90,000 or something like that if I believe that was the right

01:35:47.230 --> 01:35:48.630
correct figure.

01:35:48.630 --> 01:35:50.470
What would be the reason for them doing that?

01:35:50.470 --> 01:35:52.710
I can't speak intelligently to that.

01:35:52.710 --> 01:35:54.790
I'm not aware that they fundraised anything.

01:35:54.790 --> 01:36:03.390
Yeah, I only received that information because it showed up here on my agenda, and I'm just

01:36:03.390 --> 01:36:04.950
asking questions to the reason.

01:36:04.950 --> 01:36:12.670
I think he's referring to the special assessment, I believe.

01:36:12.670 --> 01:36:17.070
So the idea here is if we get the special assessment set up, it would basically equate

01:36:17.070 --> 01:36:19.510
over 15 years to $90,000.

01:36:19.510 --> 01:36:24.470
That's where the $90,000 came from, and it's basically a cost offset to the work we do

01:36:24.470 --> 01:36:32.430
you out there, right? So it's saying, hey, this is, it's unclear as to, well, it's clear

01:36:32.430 --> 01:36:37.430
on the plat, but it's unclear how this would make it through court. And this is just a

01:36:37.430 --> 01:36:44.590
way for us to say, hey, we're going to ask for this much in return for your cooperation

01:36:44.590 --> 01:36:49.150
moving forward. And it certainly would keep us out of a much more expensive litigation

01:36:49.150 --> 01:36:53.550
moving forward if for whatever reason there's a legal argument that says, no, city, you

01:36:53.550 --> 01:36:54.550
and others.

01:36:54.550 --> 01:36:59.910
This would save us a lot of time and energy through the legal process in determining that.

01:36:59.910 --> 01:37:04.670
So that's kind of the reason why we're moving this direction is to create the SSA so that

01:37:04.670 --> 01:37:10.050
we can kind of stay away from legal battles back and forth where nobody, you know, ends

01:37:10.050 --> 01:37:12.470
up doing well.

01:37:12.470 --> 01:37:17.250
So we're just saying, hey, do what you can for us and then we'll do what we can for you

01:37:17.250 --> 01:37:18.250
kind of situation.

01:37:18.250 --> 01:37:24.930
Yeah, because what I don't want to see happening is that the appearance of impropriety taking

01:37:24.930 --> 01:37:31.130
place with the fundings that are being raised and if there's something of we're making

01:37:31.130 --> 01:37:39.330
a payoff or bribery or some form of activity with the raising of the funds, I'd like to

01:37:39.330 --> 01:37:45.890
know what the $90,000, I would like to know where it ends up at.

01:37:45.890 --> 01:37:50.530
you will end up back in the road but we'll get it $400 a year per property at a time

01:37:50.530 --> 01:37:55.530
so it will be 15 years before it comes through all the way but that will go back into the

01:37:55.530 --> 01:38:00.530
road repair to offset whatever cost we deal with.

01:38:00.530 --> 01:38:05.970
And I think that this public hearing, a lot of the questions that you want to ask, I guess

01:38:05.970 --> 01:38:13.090
the people that live there on Gladewood would be at this meeting so you probably would get

01:38:13.090 --> 01:38:19.770
and a better understanding of what's going on and how they feel and, you know, instead

01:38:19.770 --> 01:38:27.530
of, you know, asking some questions here that, you know, I resent that observation that you

01:38:27.530 --> 01:38:28.530
demonstrate.

01:38:28.530 --> 01:38:29.530
Well, let me talk as you talk, so let me talk.

01:38:29.530 --> 01:38:30.530
Yeah, but you're talking.

01:38:30.530 --> 01:38:31.530
Let me finish my conversation.

01:38:31.530 --> 01:38:33.810
Yeah, well, you can't demonstrate that before the Council.

01:38:33.810 --> 01:38:37.850
Let me finish because you all, well, you keep talking, let somebody else talk.

01:38:37.850 --> 01:38:44.850
So right now, so that's what we really want to do is just get a motion of a hearing date

01:38:44.850 --> 01:38:48.370
set so this can be put into place.

01:38:48.370 --> 01:38:50.850
Alderman, Stacy, you have another question?

01:38:50.850 --> 01:38:55.570
What time of day would this hearing be?

01:38:55.570 --> 01:38:59.050
Typically they're late afternoon or early evening when we set those dates.

01:38:59.050 --> 01:39:01.530
That's what we're trying to set now, a time and an hour.

01:39:01.530 --> 01:39:04.810
I understand we're trying to set it,

01:39:04.810 --> 01:39:08.650
but they have their way and their time of doing things.

01:39:08.650 --> 01:39:10.770
So I'm just asking a question.

01:39:10.770 --> 01:39:13.910
What time of day are we looking at

01:39:13.910 --> 01:39:16.290
for something of this nature?

01:39:16.290 --> 01:39:18.970
I think certainly council could set that.

01:39:18.970 --> 01:39:21.250
You can specify what time.

01:39:21.250 --> 01:39:23.090
Trying to set a time and a date.

01:39:24.090 --> 01:39:25.770
May I, this might be a good time.

01:39:25.770 --> 01:39:28.150
At the last meeting, we did have a motion and a second

01:39:28.150 --> 01:39:32.470
to set this 20 to 40 days from the April 7th meeting.

01:39:32.470 --> 01:39:35.350
Is that sufficient to fill in that blank in the ordinance?

01:39:35.350 --> 01:39:35.990
It is.

01:39:35.990 --> 01:39:37.310
OK.

01:39:37.310 --> 01:39:41.870
And I think if a specific time wants to be spent.

01:39:41.870 --> 01:39:44.510
Yeah, I'm not talking about time as far as this date

01:39:44.510 --> 01:39:45.710
to this date.

01:39:45.710 --> 01:39:47.790
I'm talking about is this going to happen

01:39:47.790 --> 01:39:50.750
at 3 o'clock in the evening?

01:39:50.750 --> 01:39:53.710
Or is this something that's going to happen at 1 o'clock

01:39:53.710 --> 01:39:55.310
in the afternoon?

01:39:55.310 --> 01:40:02.310
That's what I want to know.

01:40:02.310 --> 01:40:17.310
City Manager, Boyer. Thank you Madam Chair. If you have a real strong thought on that, I'm sure we could accommodate it. So if you have a specific time you'd like to see, I'm sure we could work on that.

01:40:17.310 --> 01:40:29.310
I just want you to be considered a people working. I don't want ten of these residents show up and the other seven are working and can't make it.

01:40:29.310 --> 01:40:37.310
Alderman, Stacy, I think right here it says something about 5 o'clock p.m. in the City Council chambers.

01:40:37.310 --> 01:40:39.310
Okay, well he did not say that just now.

01:40:39.310 --> 01:40:41.310
No, I'm just saying, I just read it right here.

01:40:41.310 --> 01:40:47.310
That's probably, that's a plug number that's in the form.

01:40:47.310 --> 01:40:48.310
Okay.

01:40:48.310 --> 01:40:56.310
The standard protocol is, you know, typically in the evenings so that we don't, you know, you said something at 1 o'clock in the afternoon, it's hard to get attendance, that sort of thing.

01:40:56.310 --> 01:41:18.950
Shadle, Aye Sanders, Aye Sellers, Aye Klemm, Aye Monroe, Aye Parker, Aye Stacy, Aye

01:41:18.950 --> 01:41:21.270
The ordinance passes seven to zero.

01:41:22.450 --> 01:41:26.750
We move on to agenda number eight

01:41:26.750 --> 01:41:31.170
and is the second reading of ordinance 2025-24.

01:41:31.170 --> 01:41:33.670
Ordinance amending the codified ordinances,

01:41:33.670 --> 01:41:36.030
Chapter 806, Alcoholic Liquor Sales,

01:41:36.030 --> 01:41:38.470
and deleting Chapter 844, Mechanical

01:41:38.470 --> 01:41:40.630
and Electronic Games and Devices.

01:41:42.830 --> 01:41:45.790
And that will be presented by Attorney Steve Cox.

01:41:45.790 --> 01:41:47.230
I didn't have to go very far.

01:41:47.230 --> 01:42:11.230
So I think we talked about this last time, this is an increase in the fees payable by operators of mechanical game or video gaming terminals within the city and an elimination of the mechanical games section of the ordinance which is frankly underutilized or completely unutilized currently.

01:42:11.230 --> 01:42:17.230
So that's just a matter of convenience and fitting regulation to practice.

01:42:17.230 --> 01:42:25.230
So I'm happy to answer any questions. I can go back over whatever the council would like to hear, but I think we pretty much hashed through that last time.

01:42:25.230 --> 01:42:33.230
Are there any questions on this agenda item? If not, do we do you a vote?

01:42:33.230 --> 01:42:35.230
Just a vote? Okay.

01:42:35.230 --> 01:42:36.230
Shadle?

01:42:36.230 --> 01:42:37.230
Aye.

01:42:37.230 --> 01:42:59.670
What? I don't usually wait. What do you want me to do? No. Go ahead. Call the roll. Go ahead. Shadle? Shadle? Aye. Sellers? Aye. Klemm? Aye. Monroe? Aye. Parker? Aye. And Stacy?

01:43:07.230 --> 01:43:25.230
No. The ordinance passes 5 to 1. We'll move to agenda item number 9. It's the first reading of ordinance 2025-25.

01:43:25.230 --> 01:43:33.230
Ordinance approving special use permit application at 1601 to 1645 Southwest Avenue, submitted by Family Dollar,

01:43:33.230 --> 01:43:52.230
To examine the special use of a B3 commercial and wholesale business district zone property to allow restaurants, taverns, packaged liquor stores, and any other establishment selling alcoholic beverages for consumption on or off the premises according to Chapter 1252.01B11.

01:43:52.230 --> 01:43:55.230
Presented by Director Duckman.

01:43:55.230 --> 01:43:57.230
Thank you, Alderpers and Sellers.

01:43:57.230 --> 01:44:17.230
Staff received a special use permit application from Family Dollar located at 1601 Southwest Avenue and essentially what's going on here is they want to sell packaged liquor which requires a special use permit prior to their organization applying for a liquor license.

01:44:17.230 --> 01:44:29.930
So, this subject property went before our Zoning Board of Appeals on April 3rd and it was recommended for approval by a vote of 7-0 with zero abstentions.

01:44:29.930 --> 01:44:37.430
On April 10th, our Planning Commission recommended approval, excuse me, by a vote of 8-0 with zero abstentions.

01:44:37.430 --> 01:44:41.430
And staff is recommending moving this forward to a second reading.

01:44:44.030 --> 01:44:45.830
Is there a motion to move it forward?

01:44:45.830 --> 01:45:07.830
Second. Is there any discussion? If not, call the roll. Nope, it's just first read, so all we need is a motion and a second. Okay, so now we'll move on to number 10, is the first reading of Ordinance 2025-26, presented by Manager Boyer.

01:45:07.830 --> 01:45:10.190
I'm going to read it in first if I can butt in.

01:45:10.190 --> 01:45:13.070
Ordinance authorizing the Illinois Environmental Protection

01:45:13.070 --> 01:45:16.830
Agency public water supply loan program and loan agreement

01:45:16.830 --> 01:45:21.710
for lead service line replacement phase four.

01:45:21.710 --> 01:45:23.190
Thank you, Madam Chair.

01:45:23.190 --> 01:45:24.990
So the city of Freeport recently had a bid

01:45:24.990 --> 01:45:28.310
opening for phase four of the lead service replacement

01:45:28.310 --> 01:45:29.250
program.

01:45:29.250 --> 01:45:32.270
The EPA water loan program requires

01:45:32.270 --> 01:45:35.270
a current city of Freeport authorized debt

01:45:35.270 --> 01:45:37.350
ordinance for the project.

01:45:37.350 --> 01:45:44.630
This is part of every IEPA funding project, regardless of whether the community receives 100% forgiveness or not.

01:45:44.630 --> 01:45:47.950
The IEPA project management is required.

01:45:47.950 --> 01:46:04.190
A new lead service remediation debt ordinance to be passed for the Phase 4 project since the city has to pay the awarded contractor and wait for IEPA reimbursement is required to have this in place to receive the final EPA loan agreement.

01:46:04.190 --> 01:46:09.830
Staff is also asking for the suspension of the rules on this item so we can expedite the program

01:46:09.830 --> 01:46:16.330
and this project is funded through an Illinois Environmental Protection Agency State Revolving Loan Fund.

01:46:16.330 --> 01:46:23.510
The project is fully funded with a 100% loan forgiveness of $3,027,000.

01:46:23.510 --> 01:46:29.150
And staff recommends Council suspend the rules and move forward with the debt ordinance.

01:46:29.150 --> 01:46:31.270
Is there a motion to suspend the rules?

01:46:31.270 --> 01:46:32.110
No, we need a motion.

01:46:32.110 --> 01:46:33.990
You need a motion to move it forward first.

01:46:33.990 --> 01:46:35.310
Oh, move it forward, okay.

01:46:35.310 --> 01:46:36.150
There it is.

01:46:36.150 --> 01:46:37.590
Then the rules.

01:46:37.590 --> 01:46:39.670
We need a motion to move it forward first.

01:46:39.670 --> 01:46:40.710
There it is.

01:46:40.710 --> 01:46:41.550
Yeah.

01:46:41.550 --> 01:46:42.370
Oh, I'm sorry.

01:46:42.370 --> 01:46:44.590
And Klemm, we need the motion first.

01:46:44.590 --> 01:46:46.270
Klemm and...

01:46:46.270 --> 01:46:47.870
And I think, was it you, Monroe?

01:46:47.870 --> 01:46:48.710
Sure.

01:46:48.710 --> 01:46:49.530
Oh, okay.

01:46:49.530 --> 01:46:50.370
Okay, thank you.

01:46:51.310 --> 01:46:52.710
But I have questions.

01:46:52.710 --> 01:46:53.550
Yeah.

01:46:53.550 --> 01:46:54.390
Before we suspend.

01:46:54.390 --> 01:46:56.830
Right, so now would be discussion.

01:46:56.830 --> 01:46:57.670
Okay.

01:46:57.670 --> 01:46:59.630
Yeah, so if I can just interject,

01:46:59.630 --> 01:47:11.630
It's very important that this Suspension of the Rules happen tonight for this item because it reserves our $3,027,000 for this project.

01:47:11.630 --> 01:47:18.630
If we don't get it reserved, it will go on to another borrower that's waiting in line.

01:47:18.630 --> 01:47:25.630
So I just wanted to, I will answer any questions you have, but it's very important that the suspension happens tonight

01:47:25.630 --> 01:47:29.630
So we can reserve this money before the end of the EPA fiscal year.

01:47:29.630 --> 01:47:33.630
Alderman Monroe. Thank you. So I've got

01:47:33.630 --> 01:47:37.630
multiple questions here. How much of this money is going to Fehr Graham?

01:47:37.630 --> 01:47:41.630
About 400,000 with the design

01:47:41.630 --> 01:47:45.630
and with the inspection. This requires full-time inspection

01:47:45.630 --> 01:47:49.630
for all the service line replacements.

01:47:49.630 --> 01:47:53.630
400,000. Yep. And the rest goes to the contractor that's putting it in?

01:47:53.630 --> 01:48:23.630
Yes. Okay. It's a unit. This bid is a unit price bid. So they get exactly paid for what units they install. So if it's 100 feet, they get paid for 100 feet. If it's 200 feet, they get paid for 200 feet. It's a unit price bid on every item that's used within the service material. And again, we already had a debt ordinance for $12 million. But this program has been going so long that we had

01:48:23.630 --> 01:48:30.510
to re-up this to get the final $3 million because I think we're over year five here.

01:48:30.510 --> 01:48:32.510
Alderman Klemm, did you?

01:48:32.510 --> 01:48:34.510
Motion to suspend.

01:48:34.510 --> 01:48:36.510
Second.

01:48:36.510 --> 01:48:38.510
We're still in discussion.

01:48:38.510 --> 01:48:40.510
Yeah, because Stacey had her.

01:48:40.510 --> 01:48:42.510
Which way?

01:48:42.510 --> 01:48:44.510
Alderman Stacey had her.

01:48:44.510 --> 01:48:46.510
Okay, go ahead.

01:48:46.510 --> 01:48:52.310
You know, why is this just coming to the council tonight?

01:48:52.310 --> 01:48:56.110
Because we just approved the bids at the last meeting.

01:48:56.110 --> 01:49:00.350
You can't do the data ordinance without having the bid, and we just approved the bid at the

01:49:00.350 --> 01:49:05.390
last full meeting, so it would be natural that it would come to this meeting.

01:49:05.390 --> 01:49:06.390
Okay.

01:49:06.390 --> 01:49:12.150
Is there a motion to suspend the rule?

01:49:12.150 --> 01:49:13.150
So moved.

01:49:13.150 --> 01:49:14.150
Second.

01:49:14.150 --> 01:49:15.150
Okay.

01:49:15.150 --> 01:49:20.530
May I give the rhetoric, Chair?

01:49:20.530 --> 01:49:43.530
of the Rules requires a two-thirds majority vote and it is non-debatable Shadle, Sanders, Sellers, Klemm, Monroe, Parker, and Stacy.

01:49:50.530 --> 01:49:57.530
Johnson, Tom, Wayne, Mayor, Mayor, Mayor, Mayor, Mayor, Mayor, Mayor, Mayor, Mayor,

01:49:57.530 --> 01:50:21.610
Thomas, Stacy, Thomas, Stacy, Thomas, Stacy, Thomas, Stacy,

01:50:27.530 --> 01:50:39.690
Aye. The suspension passes six to one. So now before them if there's no further

01:50:39.690 --> 01:50:45.890
discussion would be the final vote on the ordinance. I have a motion for the

01:50:45.890 --> 01:50:52.090
final vote for the ordinance. You don't need a motion. If they're ready to

01:50:52.090 --> 01:51:19.090
Call the roll. Shadle? Aye. Sanders? Aye. Sellers? Aye. Klemm? Aye. Monroe? No. Parker? Aye. And Stacy? Aye. The ordinance passes 6 to 1. Okay, we'll move on to first reading of item number 11, reading of ordinance 20, 25, 27.

01:51:19.090 --> 01:51:25.650
Ordinance approving hangar leases, C5, Jeff Modica, K9, Mike and Kim Robinson.

01:51:25.650 --> 01:51:27.650
Manager Boyer?

01:51:27.650 --> 01:51:35.650
Thank you, Madam Chair. As we've been doing with all airport leases, we brought these two before you for approval.

01:51:35.650 --> 01:51:47.650
It is as the clerk had stated, it was C5 with Jeff Modica and K9 with Mike and Kim Robinson, so staff recommends moving forward with the suspension of the rules.

01:51:49.090 --> 01:51:59.010
motion to move forward second okay it's been moved in second is any other all in favor nope just

01:51:59.010 --> 01:52:05.170
discussion oh discussion and then if no discussion then a motion for suspension of the rules okay

01:52:05.970 --> 01:52:14.770
so there's a so move second second suspension of the rules requires a two-thirds vote and is

01:52:14.770 --> 01:52:44.770
Non-Debatable. Are you ready for the vote, Chair? Go ahead. Shadle? Aye. Sanders? Aye. Sellers? Aye. Klemm? Aye. Monroe? Aye. Parker? Aye. And Stacy? Aye. Suspension is approved, 7 to 0. Is there, now we go ahead and make the motion to... No motion, just, if they're ready to vote, just the final vote. Okay, the final vote for... Shadle? Aye. Sanders? Aye. Sellers? Aye. Klemm? Aye.

01:52:44.770 --> 01:52:52.770
Monroe, Parker, and Stacy. The ordinance is approved 7-0.

01:52:52.770 --> 01:53:02.770
Okay, we move on to the adoption of Resolution R-2025-44.

01:53:02.770 --> 01:53:13.770
Resolution accepting a safety grant from the Illinois Public Risk Fund grant and authorizing the use of the grant funds to purchase automated external defibrillators, or AEDs,

01:53:13.770 --> 01:53:21.690
from Zoll Medical Corporation for Use by the City. Director, Director. Thank you.

01:53:21.690 --> 01:53:27.650
The City of Freeport's Workman's Compensation Carrier is the

01:53:27.650 --> 01:53:34.570
Illinois Public Risk Fund or IPRF. They offer an annual safety grant to members

01:53:34.570 --> 01:53:38.490
that are in good standing. There's not an application process to receive these

01:53:38.490 --> 01:53:44.930
these funds. However, the funds must be used on an item or items from a designated listing

01:53:44.930 --> 01:53:54.930
of safety items provided by IPRF. The City of Freeport's award amount for this program

01:53:54.930 --> 01:54:03.650
for 2025 is $14,419, and the City would like to utilize these funds to purchase seven automated

01:54:03.650 --> 01:54:07.370
external defibrillators for various city buildings.

01:54:08.530 --> 01:54:11.290
AEDs are used to help those experiencing

01:54:11.290 --> 01:54:13.130
sudden cardiac arrest.

01:54:13.130 --> 01:54:16.330
It is a sophisticated yet easy to use medical device

01:54:16.330 --> 01:54:18.970
that can analyze the heart's rhythm

01:54:18.970 --> 01:54:23.530
and if necessary deliver an electric shock or defibrillation

01:54:23.530 --> 01:54:27.330
to help the heart reestablish an effective rhythm.

01:54:27.330 --> 01:54:29.770
The device is designed to be user friendly

01:54:29.770 --> 01:54:31.870
with clear instructions on how to use it

01:54:31.870 --> 01:54:33.670
in case of emergency.

01:54:33.670 --> 01:54:36.390
It's important for our staff to be aware

01:54:36.390 --> 01:54:40.490
of what an AED is and how to use it

01:54:40.490 --> 01:54:43.830
as it can make a difference in saving someone's life.

01:54:43.830 --> 01:54:47.270
We've attached a quote from Zoll Medical Corporation

01:54:47.270 --> 01:54:49.430
to purchase these seven units.

01:54:49.430 --> 01:54:51.670
And it is the request of the Finance Committee

01:54:52.670 --> 01:54:55.990
for the City Council to approve the purchase.

01:54:55.990 --> 01:54:59.590
And just a little PS, we do have one of these devices.

01:54:59.590 --> 01:55:01.730
It's over here in this white cabinet.

01:55:01.730 --> 01:55:05.050
So you can see about how big it is.

01:55:05.050 --> 01:55:07.370
A few years ago, all the staff had training

01:55:07.370 --> 01:55:09.290
on how to use that device.

01:55:09.290 --> 01:55:11.770
So once these ones are purchased,

01:55:11.770 --> 01:55:13.210
we've talked to the fire department

01:55:13.210 --> 01:55:15.730
about doing that again.

01:55:15.730 --> 01:55:17.530
Even though they're easy to use, I

01:55:17.530 --> 01:55:20.410
think a training would be warranted.

01:55:20.410 --> 01:55:24.530
So that is the request.

01:55:24.530 --> 01:55:25.570
OK.

01:55:25.570 --> 01:55:26.690
Do you have?

01:55:26.690 --> 01:55:28.610
We need a motion and a second first.

01:55:28.610 --> 01:55:29.650
Oh, we need a motion.

01:55:29.650 --> 01:55:30.410
So move.

01:55:30.410 --> 01:55:31.570
Second.

01:55:31.570 --> 01:55:44.610
Are there any questions? Yes. Discussion? Is there any, how many units did you say? We're

01:55:44.610 --> 01:55:50.750
requesting to buy seven of them. By seven? For the $14,000. So, so there's designated

01:55:50.750 --> 01:55:57.250
areas for these seven devices? Yes. Already? Could you tell us where they're located? Well,

01:55:57.250 --> 01:56:03.570
The proposed areas were on Island Avenue and the office, Construction Shed, Wastewater

01:56:03.570 --> 01:56:10.610
Treatment Plant Control Room, Burchard Water Plant, and the Wastewater Treatment Plant

01:56:10.610 --> 01:56:11.930
Maintenance Area.

01:56:11.930 --> 01:56:23.790
We've also had requests from the police department for the individual cars for the police officers.

01:56:23.790 --> 01:56:31.390
We've also had requests from the Fire Department for additional units in the offices, in the

01:56:31.390 --> 01:56:33.510
buildings themselves.

01:56:33.510 --> 01:56:41.830
So that's way more than seven, so we're going to have to prioritize and since maybe because

01:56:41.830 --> 01:56:46.590
some places have one closer, we'll have to prioritize where we put them.

01:56:46.590 --> 01:56:58.150
So this is standard equipment for the city overall administration location areas, departments

01:56:58.150 --> 01:56:59.150
I should say.

01:56:59.150 --> 01:57:05.710
Well we haven't had this many units before but we also haven't had a grant to pay for

01:57:05.710 --> 01:57:11.750
them and this grant, it happened to be in their newsletter this month as well, a whole

01:57:11.750 --> 01:57:19.510
Page on how important AEDs are and the ease of use, so we thought it was a good use of

01:57:19.510 --> 01:57:20.510
those funds.

01:57:20.510 --> 01:57:21.510
Okay.

01:57:21.510 --> 01:57:22.510
Okay.

01:57:22.510 --> 01:57:23.510
Thank you.

01:57:23.510 --> 01:57:25.110
I just have a question.

01:57:25.110 --> 01:57:26.430
How many do we have right now?

01:57:26.430 --> 01:57:29.990
Do we have that one, and where else do we have any?

01:57:29.990 --> 01:57:35.310
I believe Ashley has two at the library, and there's one at the police department.

01:57:35.310 --> 01:57:36.310
Okay.

01:57:36.310 --> 01:57:37.310
Okay.

01:57:37.310 --> 01:57:38.310
Thank you.

01:57:38.310 --> 01:57:39.310
Are there any other questions?

01:57:39.310 --> 01:57:40.310
If not, then we can go ahead.

01:57:40.310 --> 01:57:54.990
Shadle? Aye. Sanders? Aye. Sellers? Aye. Klemm? Aye. Monroe? Aye. Parker? Aye. And Stacy? Aye. The resolution is adopted seven to zero.

01:57:54.990 --> 01:58:11.830
Now we move to Adoption of Resolution R-2025-45 Resolution Approving a Proposal from Tomcat

01:58:11.830 --> 01:58:17.510
Consultants for Rental of Temporary Portable Hydro Pneumatic Tanks during Burchard Water

01:58:17.510 --> 01:58:21.510
Tower Painting Project Manager, Boyer

01:58:21.510 --> 01:58:28.670
Thank you Madam Chair. So we have an annual maintenance contract where we basically pay

01:58:28.670 --> 01:58:34.050
a company a certain amount of money every year and then at various maintenance intervals

01:58:34.050 --> 01:58:40.030
they come in and they will perform that maintenance. So it's time to get the Burchard Water Tower

01:58:40.030 --> 01:58:45.470
painted. It's kind of an extensive process and because we have to take the water out

01:58:45.470 --> 01:58:50.990
of the tower, we need to put in a hydropneumatic, a temporary hydropneumatic tank that would

01:58:50.990 --> 01:58:58.950
allow us to paint the interior and paint the exterior. So staff has put forward a resolution

01:58:58.950 --> 01:59:05.070
for you to move forward with the funding of the pressure vessel and this was budgeted

01:59:05.070 --> 01:59:06.070
in the utility budget.

01:59:06.070 --> 01:59:07.070
Do we do a motion?

01:59:07.070 --> 01:59:08.070
Yes.

01:59:08.070 --> 01:59:09.070
Okay. Is there a motion to approve?

01:59:09.070 --> 01:59:10.070
Motion to approve.

01:59:10.070 --> 01:59:11.070
Second.

01:59:11.070 --> 01:59:12.070
Thank you.

01:59:12.070 --> 01:59:13.070
Do we do all in favor?

01:59:13.070 --> 01:59:14.070
Can I ask?

01:59:14.070 --> 01:59:15.070
All in favor.

01:59:15.070 --> 01:59:16.070
This will be roll call.

01:59:16.070 --> 01:59:17.070
Oh, it'll be roll call.

01:59:17.070 --> 01:59:36.570
Can I ask you, is this an annual schedule? How often do we do this? Is this scheduled for this type of project on a yearly, annually, or?

01:59:36.570 --> 01:59:37.870
About every 10 years.

01:59:37.870 --> 01:59:44.570
Every 10 years. So how long has that tower been in place?

01:59:44.570 --> 01:59:48.130
I don't know, 25, but I think it, go ahead, Dan.

01:59:48.130 --> 01:59:49.130
It's 12 years.

01:59:49.130 --> 01:59:50.130
Okay, 12.

01:59:50.130 --> 01:59:53.370
So it's scheduled, it should be scheduled.

01:59:53.370 --> 01:59:55.170
It's scheduled for this July.

01:59:55.170 --> 01:59:57.370
It was actually scheduled for last July, and we...

01:59:57.370 --> 02:00:06.370
We actually scheduled for last July and we pushed it because we were just getting the water plant finished and we didn't want to interfere with that construction and finishing that project.

02:00:06.370 --> 02:00:15.370
And so we actually pushed it to this. It was scheduled to start the first week of July and take four weeks, four to six weeks.

02:00:15.370 --> 02:00:17.370
Okay. All right, thanks.

02:00:17.370 --> 02:00:27.370
Yeah, that was my question as far as how often is this painted, because I thought it came to the council last year, but you're saying it did not happen.

02:00:27.370 --> 02:00:41.370
Yeah, so the item that you're discussing was the logo changes for that tower as part of the painting projects, and again, we paid the maintenance contract, so it was the City of Freeport's choice to push last year,

02:00:41.370 --> 02:01:11.370
and I were able to finish last year because I couldn't get these tanks under rental, as well as we were finishing but butchered restorations and all that stuff. So there's very few companies that do this type of water tank, hydro pneumatic tanks. And so as people get booked up, it's very hard to get them placed. So again, the last time we painted this, I believe was 12 years ago, it should have been scheduled for last year, we pushed into this year, which is no problem. It's under the maintenance contract.

02:01:11.370 --> 02:01:25.370
You do the exterior about every 10 years and you do a full tank painting about every 20 years and it's very expensive I mean a full tank painting is close to probably $400,000 for this type of tank.

02:01:25.370 --> 02:01:31.370
So when we budgeted for it last year, what did we do with that money?

02:01:31.370 --> 02:01:35.370
It stayed in the surplus and we re-budgeted it for it this year.

02:01:35.370 --> 02:01:36.370
And this is to put that?

02:01:36.370 --> 02:01:40.370
Yeah, and this is cheaper than what we budgeted for the total rental.

02:01:40.370 --> 02:01:46.330
this is to put that leaf no we did not approve that it's gonna stay looking just

02:01:46.330 --> 02:01:51.410
like it is now it's just a re over scarifying and recoding of the entire

02:01:51.410 --> 02:02:00.090
tank and the painting is part of our annual contract so we pay fee annually

02:02:00.090 --> 02:02:02.730
that's in the budget for that tower that's the only one that has a

02:02:02.730 --> 02:02:12.210
maintenance contract. And this funding is coming from what? The utility budget we

02:02:12.210 --> 02:02:16.610
budget it from. It's budgeted in operations. Yeah, I believe we budgeted

02:02:16.610 --> 02:02:23.250
sixty thousand for it. Is there any other discussion? If not, is there a roll call?

02:02:23.250 --> 02:02:32.570
Shadle? Aye. Sanders? Aye. Sellers? Aye. Klemm? Aye. Monroe? Aye. Parker? Aye. And Stacy?

02:02:32.570 --> 02:02:49.570
The resolution is adopted, 7-0 Move on to item number 14, approval of bid, bid opening on April 15th, 2025 for Fuel Island concrete pavement.

02:02:49.570 --> 02:02:52.570
Manager Boyer, I'll read that one.

02:02:52.570 --> 02:02:54.570
Thank you Madam Chair.

02:02:54.570 --> 02:02:59.650
The City of Freeport is currently working on an upgrade to the fuel system that is required

02:02:59.650 --> 02:03:08.650
by upcoming environmental requirements, so we'll bring it up to specification.

02:03:08.650 --> 02:03:15.370
On April 15, 2025, the City had a public bid opening for the concrete portion of the job.

02:03:15.370 --> 02:03:19.610
It was a 12-inches full-depth concrete installation for the fuel station.

02:03:19.610 --> 02:03:21.850
since the field equipment work is done.

02:03:21.850 --> 02:03:27.810
The project has three bidder, three bidders have pulled the plans and all three bids.

02:03:27.810 --> 02:03:34.690
The lower bidder was the DPI construction in the amount of $77,933.87.

02:03:34.690 --> 02:03:38.890
This bid was under the engineer's estimate and staff requests City Council approval of

02:03:38.890 --> 02:03:43.690
this bid.

02:03:43.690 --> 02:03:44.690
Motion to approve.

02:03:44.690 --> 02:03:45.690
Second.

02:03:45.690 --> 02:03:46.690
Second.

02:03:46.690 --> 02:03:47.690
Okay.

02:03:47.690 --> 02:04:17.690
Is there any discussion? Madam Chair, I would like to say on this item we give a lot of credit to the Public Works Department. I believe we budgeted $170,000 for this item this year and with the spring weather we've been having the Public Works team do all the removals and all the aggregate placement to save the city money so we're likely going to end up saving somewhere around $70,000 on this item this year.

02:04:17.690 --> 02:04:24.970
did you say 78 or 77 or eight we budgeted a hundred and seventy I I imagine by the

02:04:24.970 --> 02:04:27.610
time we're all done with this with electrical and things will probably be

02:04:27.610 --> 02:04:30.330
around right around a hundred so we should have about seventy thousand dollar

02:04:30.330 --> 02:04:32.530
savings

02:04:32.530 --> 02:04:54.750
We've got Shadle and Klemm. Shadle? Aye. Sanders? Aye. Sellers? Aye. Klemm? Aye. Monroe? Abstain. Parker? Aye. And Stacy?

02:04:54.750 --> 02:05:01.750
The motion passes 6-0 with one abstentia.

02:05:01.750 --> 02:05:14.470
We'll move on to item number 15, the approval of bid opening on April 16, 2025, for 2025

02:05:14.470 --> 02:05:15.470
citywide tree removal.

02:05:15.470 --> 02:05:16.470
Manager Boyer.

02:05:16.470 --> 02:05:18.550
Thank you, Madam Chair.

02:05:18.550 --> 02:05:22.910
Each year we've been systematically going through town, marking the most large and dangerous

02:05:22.910 --> 02:05:26.830
and the Forest Trees that are outside of the size that we can safely manage with our Forest

02:05:26.830 --> 02:05:38.190
Tree Department. This year we had two bidders, one was, let's see here, pardon me for a second

02:05:38.190 --> 02:05:44.870
as I recall, it was a Homer Tree Service and, oh gosh, our local one there, Ingram, yeah,

02:05:44.870 --> 02:05:55.230
Crayer Tree. Anyway, the Homer's bid was lowest at $73,167.50, and we budgeted for that in

02:05:55.230 --> 02:06:00.070
the 2025 budget, and staff recommends moving forward with the Homer Tree Service bid.

02:06:00.070 --> 02:06:01.070
Is there a motion?

02:06:01.070 --> 02:06:02.070
Oh.

02:06:02.070 --> 02:06:03.070
Oh.

02:06:03.070 --> 02:06:04.070
I'll second it.

02:06:04.070 --> 02:06:05.070
Okay, so is Klemm and Monroe, thank you?

02:06:05.070 --> 02:06:06.070
Question.

02:06:06.070 --> 02:06:07.070
Is there any discussion?

02:06:07.070 --> 02:06:08.070
Okay.

02:06:08.070 --> 02:06:09.070
Is it?

02:06:09.070 --> 02:06:14.790
Thank you. Question. Is there any discussion? Okay. Is it... City Manager, did we have Home

02:06:14.790 --> 02:06:19.710
or Tree Service do the removals last year as well? I believe we did. And how did that

02:06:19.710 --> 02:06:26.390
go? Very fast. Very complete. Yeah. Okay. They did a good job. Yeah, they removed about

02:06:26.390 --> 02:06:32.750
30 trees last year and probably a little less than two weeks. Wow. So I would like to also

02:06:32.750 --> 02:06:38.190
mention just this contract is a significant savings for the City of Freeport when we don't

02:06:38.190 --> 02:06:44.910
have to take down emergency trees we would probably get about 10 to 12 trees

02:06:44.910 --> 02:06:49.390
done instead we're gonna get 31 done for the same for the same price emergency

02:06:49.390 --> 02:06:52.270
trees cost a lot more money so this program has been very effective in

02:06:52.270 --> 02:07:02.730
saving long-term money to the city so if we were doing them as emergencies like

02:07:02.730 --> 02:07:07.170
we've done in the past we would only get about 12 trees probably done for this

02:07:07.170 --> 02:07:11.170
S. Mount, where in this contract we'll get 31 done instead.

02:07:11.170 --> 02:07:14.170
Alderman Sanders, didn't you have?

02:07:14.170 --> 02:07:20.170
Yeah, I had one, but I'm going to pass, go ahead.

02:07:20.170 --> 02:07:22.170
So is there a motion to?

02:07:22.170 --> 02:07:24.170
We've got Klemm and Monroe.

02:07:24.170 --> 02:07:32.170
Okay, so now it's, oh, I'm sorry, I didn't see Ann, come on.

02:07:32.170 --> 02:07:50.170
The two companies that bid it, there was a $50 difference. Would the other company have been willing to give us the $30, whatever you said?

02:07:50.170 --> 02:08:00.170
So by bid rules, it would be illegal for us to ask them to match prices. That's why we do an open bid process.

02:08:00.170 --> 02:08:09.170
and our City of Freeport procurement standards that we govern with don't allow us to negotiate with the second bidder.

02:08:09.170 --> 02:08:15.170
We have a process here and we have to go with the low bidder if they're responsible to do the work.

02:08:15.170 --> 02:08:19.170
Homer performed the work last year without any issues.

02:08:19.170 --> 02:08:23.170
So we are bound by our bidding rules to accept that low bidder.

02:08:23.170 --> 02:08:29.170
And if we don't, it could possibly open us up to litigation.

02:08:29.170 --> 02:08:38.970
Okay, I wasn't asking to have the other company underbid to match this company.

02:08:38.970 --> 02:08:41.930
I'm saying it was just $50 difference.

02:08:41.930 --> 02:08:45.170
Correct, it was the tightest bid I've ever seen.

02:08:45.170 --> 02:08:51.490
Okay, so what I'm asking is would they have given us, what did you say, 32 trees?

02:08:51.490 --> 02:08:53.730
Yeah, they have both bid the same, 31 trees.

02:08:53.730 --> 02:08:54.690
31 trees.

02:08:54.690 --> 02:09:24.690
Yep. We actually went out and a map was given exact locations of these trees and they were invited to go out and look at them and measure them themselves. We go out. There's a long story. It's a tree process. We actually go out and we have to measure the inches of the tree at four foot high. It's an high dot rule. And that's what they bid on. That's the basis of bid. So it's a total of so many inches for 31 trees. The largest tree on this is 56 inches around. So it's a very large tree.

02:09:24.690 --> 02:09:29.890
We use the other company. Yes, we use Area Tree Service all the time. I'm just a little

02:09:29.890 --> 02:09:39.930
surprised that we would go to Lockport where we had someone right here. So the city staff

02:09:39.930 --> 02:09:44.730
had that discussion and we have to live by our procurement standards. That's why we don't

02:09:44.730 --> 02:09:49.970
have a choice. You always choose the one with the less. That is our procurement standard

02:09:49.970 --> 02:09:57.330
is to select the lowest responsive bidder unless the city has some justification for not.

02:09:57.330 --> 02:10:04.770
some justification for not choosing them say if they hadn't done a good job before or we had litigation with them or we

02:10:04.770 --> 02:10:06.770
had some track record of

02:10:06.970 --> 02:10:13.690
They weren't going to perform well on the job and we don't have that in this case to be able to eliminate them

02:10:17.650 --> 02:10:19.650
Any other question

02:10:20.130 --> 02:10:26.310
Call the roll. Shadle? Aye. Sanders? Aye. Sellers? Aye. Klemm? Aye. Monroe? Aye.

02:10:26.310 --> 02:10:35.990
Parker, and Stacy. The motion passes 7 to 0. Now we're at number 16 explanation of

02:10:35.990 --> 02:10:42.630
removal of Josh Atkins for Planning Commission presented by Alderman Stacy

02:10:42.630 --> 02:10:52.230
and Monroe. You know I just like to say how convenient for the mayor not to be

02:10:52.230 --> 02:11:10.350
will be here tonight. You know, April 7th, that first meeting, council was asked to accept

02:11:10.350 --> 02:11:20.390
someone to the planning committee. And I asked the question, like I always ask, why this

02:11:20.390 --> 02:11:29.790
this person, thinking that there was an open position on that committee.

02:11:29.790 --> 02:11:42.630
Well, that was the furthest thing from the truth, because that happened on Monday, and

02:11:42.630 --> 02:11:51.410
Tuesday, Joshua Atkinson was fired from his position.

02:11:51.410 --> 02:11:56.190
And that's not how it works.

02:11:56.190 --> 02:12:06.090
Again, another ordinance and rules are not followed.

02:12:06.090 --> 02:12:10.030
I don't know who all knew that there was not an opening.

02:12:10.030 --> 02:12:17.390
The way it was brought to the Council was that of an opening.

02:12:17.390 --> 02:12:22.550
But now we can't even trust that.

02:12:22.550 --> 02:12:28.610
And it states that any member of the Planning Commission may be removed by the Mayor subject

02:12:28.610 --> 02:12:40.730
to confirmation of such removal by the Council did not happen.

02:12:40.730 --> 02:12:48.470
For purpose of this section, missing three consecutive meetings of the Planning Commission

02:12:48.470 --> 02:12:57.090
shall be deemed to be due cause of removal.

02:12:57.090 --> 02:13:25.010
and I. And so my purpose for putting this on the agenda tonight was for Madam Mayor to

02:13:25.010 --> 02:13:41.410
to explain why she would violate this ordinance and proceed to do what she did unlawfully.

02:13:41.410 --> 02:13:49.250
David has got to stop.

02:13:49.250 --> 02:14:04.010
Violation of ordinance by choice, just because, has got to stop.

02:14:04.010 --> 02:14:19.690
We open up every meeting with prayer, say we gonna do the right thing.

02:14:19.690 --> 02:14:27.250
I wish some of you were in my shoes and then you would know my heart and understand my

02:14:27.250 --> 02:14:33.730
frustration.

02:14:33.730 --> 02:14:50.090
it's right and wrong it's wrong and this is just not right no matter how you look at it yes oh I

02:14:50.090 --> 02:14:58.090
have to thank you madam chair so I obviously I can't speak for the mayor I'm

02:14:58.090 --> 02:15:01.690
not gonna try to speak for the mayor as to whatever explanations and I wouldn't

02:15:01.690 --> 02:15:31.690
I want you to. Thank you. But what I can speak to is just what the rules were and the law is. Okay. So you did cite from a section of the code there that deals with the removal of a Planning Commission member, and you're accurate that if there's a sitting member, like that they're within their term, that if they're going to remove, the mayor can initiate the removal process. And then that removal is subject to confirmation by the City Council. So that that part is accurate for someone who's

02:15:31.690 --> 02:15:36.490
currently sitting that's in the middle of their term okay my understanding is

02:15:36.490 --> 02:15:42.530
that mr. Atkinson's term expired I want to say in October of 24 so this wasn't a

02:15:42.530 --> 02:15:49.850
reappointment situation and so the mayor chose to reappoint someone different so

02:15:49.850 --> 02:16:03.850
Follow-up, please. You know, I'm sorry that you came with that. So I must read an email

02:16:03.850 --> 02:16:17.290
from April 15, 2024. Appointment to the Planning Commission. Effective immediately, I hereby

02:16:17.290 --> 02:16:30.050
appoint Joshua T. Atkinson to the Planning Commission to fill the seat held by Jane Somebody

02:16:30.050 --> 02:16:47.450
Futh, which expires October 31st, 2024. Same email. This appointment shall be effective

02:16:47.450 --> 02:17:03.090
through October 31st, 2024 and automatically be reappointed to fulfill the next four years

02:17:03.090 --> 02:17:17.450
Seat Term, dated the 15th day of April 2024, respectfully submitted Jodi Miller, Mayor

02:17:17.450 --> 02:17:19.530
of Freeport.

02:17:19.530 --> 02:17:30.050
So she did state that he was filling a seat, but then she turned right around in the same

02:17:30.050 --> 02:17:48.250
email and says that October the 31st he would fill a four year term, 24, 25, 26, 28, and

02:17:48.250 --> 02:18:05.890
and then he received a letter of termination, yes, Joy, Attorney Zito, go ahead.

02:18:05.890 --> 02:18:11.290
So I'm aware of that letter and I'm aware that even on the agenda when Ms. Rackinson

02:18:11.290 --> 02:18:16.730
was on the agenda for his appointment initially to fill the remainder of the unexpired term

02:18:16.730 --> 02:18:19.870
Weis persistence to return the term until October 31st, 2021 that the

02:18:19.870 --> 02:18:24.230
agenda heading actually also did say, then mention the immediate

02:18:24.230 --> 02:18:28.450
reappointment for a successor four-year term. That was probably an

02:18:28.450 --> 02:18:33.750
oversight. I'll be... first to say that, I'll take my, my plane and in my, my, my

02:18:33.750 --> 02:18:36.790
portion of the blame and not catching it at the time of that appointment. But

02:18:37.550 --> 02:18:43.170
the appointment can only be per our ordinance can only be for the remainder

02:18:43.170 --> 02:19:13.170
The mayor, the council didn't have the authority to do the successor part. On the 31st, there should have been, or whenever the closest meeting was next available after the October 31st, there should have been a re-appointment at that point, but that didn't happen. So basically what I'm saying is the automatic successor appointment didn't have legal standing. It probably should have never happened that way. But how many times have it happened? I don't know. Well, that's something we need to find out.

02:19:13.170 --> 02:19:18.290
and certainly if it's happened if that successor situation was like kind of done

02:19:18.290 --> 02:19:22.850
anywhere else the mayor would need to make reappointments or fill those

02:19:22.850 --> 02:19:32.010
appointments again you know so it would need to be corrected again so again he

02:19:32.010 --> 02:19:41.810
reset a simple ordinance that you can't even follow and so now I'm gonna need to

02:19:41.810 --> 02:19:50.730
to know who's on what committee, when and how they were appointed to that committee.

02:19:50.730 --> 02:19:55.530
And I'm going to even take it a step further.

02:19:55.530 --> 02:19:56.530
Sassitz.

02:19:56.530 --> 02:20:08.890
because it's troubling that this committee where we have a young black gentleman would

02:20:08.890 --> 02:20:19.890
be removed. Are we going DEI on our committees now? But she's not here to answer that question

02:20:19.890 --> 02:20:36.910
and you can't answer it for her, I'm just saying, diversity, equity, and what she did,

02:20:36.910 --> 02:20:50.830
She said a lot, and she did a lot, and it's not, and should not be accepted.

02:20:50.830 --> 02:20:52.950
Is there anyone else?

02:20:52.950 --> 02:21:05.830
Yeah, Attorney Zito, in an event of this nature, how do we make this whole again?

02:21:05.830 --> 02:21:16.830
How do we reestablish or reinstate a situation where it could have been a wrong situation

02:21:16.830 --> 02:21:20.670
that was done, and how do we correct it?

02:21:20.670 --> 02:21:28.230
I would expect you to probably be able to give us some consultation on that matter if

02:21:28.230 --> 02:21:29.230
possible.

02:21:29.230 --> 02:21:30.230
Yes.

02:21:30.230 --> 02:21:31.230
Yes.

02:21:31.230 --> 02:21:32.230
Joy.

02:21:32.230 --> 02:22:01.230
So ultimately right now you have someone who's sitting in that spot, Mr. Wilkinson. So he's sitting in that spot right now. So one possible method is that the mayor could initiate removal of Mr. Wilkinson.

02:22:01.230 --> 02:22:04.310
that would be subject to advice and consent of the council.

02:22:04.310 --> 02:22:05.650
That could be one thing that happened.

02:22:05.650 --> 02:22:07.070
Not saying that's how it's gonna happen.

02:22:07.070 --> 02:22:08.710
That could be one way there.

02:22:08.710 --> 02:22:11.330
And then at that point, there would be a vacancy in the spot.

02:22:11.330 --> 02:22:13.270
The mayor could then make another appointment

02:22:13.270 --> 02:22:15.550
of whoever she wants to appoint to fill the spot.

02:22:15.550 --> 02:22:18.210
And that would be subject to advice and consent.

02:22:18.210 --> 02:22:20.570
Council approves that, then that person sits there.

02:22:20.570 --> 02:22:22.710
So that's one possible scenario.

02:22:22.710 --> 02:22:25.070
Another possible scenario, again,

02:22:25.070 --> 02:22:29.110
I use the word possible is what you have on later on

02:22:29.110 --> 02:22:37.430
in the agenda at the request of Alderman Stacy, there is a motion to rescind the consent that you previously gave,

02:22:37.430 --> 02:22:41.910
that this council previously gave to Mr. Wilkinson there.

02:22:41.910 --> 02:22:46.230
And so that's coming up on the later in the agenda there.

02:22:46.230 --> 02:22:51.910
So I won't jump ahead to that, but that'd be another potential route to go.

02:22:51.910 --> 02:22:56.310
And when that comes up, I'll discuss the potential pitfalls with that.

02:22:56.310 --> 02:23:15.870
I would like to recommend that added to this ordinance, someone that is interested in committees

02:23:15.870 --> 02:23:24.790
should have to come to the council and present and explain why they would like to be a part

02:23:24.790 --> 02:23:47.510
of that committee because clearly we cannot respect the judgment of the city mayor anymore.

02:23:47.510 --> 02:23:55.030
So I would like to see that change and see that added into the ordinance.

02:23:55.030 --> 02:23:57.710
So there's not an ordinance right now that's before you tonight?

02:23:57.710 --> 02:23:58.710
No.

02:23:58.710 --> 02:23:59.710
Right.

02:23:59.710 --> 02:24:00.710
So I'm off topic.

02:24:00.710 --> 02:24:01.710
Right.

02:24:01.710 --> 02:24:06.910
So if you wanted to go through that process to request a change to the ordinances, you

02:24:06.910 --> 02:24:12.550
can either talk to Rob about having that drafted so he can direct me to draft something or whatever.

02:24:12.550 --> 02:24:14.230
So but that'd be a conversation, not right now.

02:24:14.230 --> 02:24:20.950
I will be contacting you for that draft.

02:24:20.950 --> 02:24:27.590
If nothing else, let's move on to department head reports, finance.

02:24:27.590 --> 02:24:28.590
Nothing tonight.

02:24:28.590 --> 02:24:31.670
Okay, public works.

02:24:31.670 --> 02:24:33.710
Just one thing.

02:24:33.710 --> 02:24:40.730
Just wanted to make residents aware, starting either late tonight or tomorrow, you'll be

02:24:40.730 --> 02:24:47.850
We are receiving a text, an email, or possibly a letter from the City of Freeport.

02:24:47.850 --> 02:24:55.810
We are required to send an email out about the PFAS detection that we had in 2017 on

02:24:55.810 --> 02:24:56.810
the Brick Street Wells.

02:24:56.810 --> 02:25:02.270
This is a move by EPA without all communities within Illinois.

02:25:02.270 --> 02:25:07.610
We have been notifying the citizens of Freeport since 2017, so we're way ahead of the curve.

02:25:07.610 --> 02:25:10.450
This is just a requirement.

02:25:10.450 --> 02:25:15.770
We will be doing it through the electronic communication to save the city money.

02:25:15.770 --> 02:25:20.350
We could send mailers out, but the mailers would cost a significant amount of money to

02:25:20.350 --> 02:25:21.410
mail them.

02:25:21.410 --> 02:25:27.230
So we're going to do a brief notice, nothing to panic about.

02:25:27.230 --> 02:25:32.170
And then in your next water bill, you'll get the full notices sent out.

02:25:32.170 --> 02:25:34.610
But again, the city's water is safe to drink.

02:25:34.610 --> 02:25:35.870
We have no issues.

02:25:35.870 --> 02:25:42.390
Bates, and EPA requirement based on the new PFAS rules that were put down that we have

02:25:42.390 --> 02:25:48.030
to notify all of our customers even though we've been addressing this for over five years

02:25:48.030 --> 02:25:53.950
and are really leading the charge to remove those wells from the system.

02:25:53.950 --> 02:25:59.030
Also if you have any questions, please contact our Environmental Compliance Officer, Randy

02:25:59.030 --> 02:26:00.670
Kohlbauer.

02:26:00.670 --> 02:26:03.970
Her name and number will be on the city's website.

02:26:03.970 --> 02:26:05.490
if you have questions.

02:26:05.490 --> 02:26:08.650
She'll be the best resource to answer anything for you.

02:26:08.650 --> 02:26:09.490
Thank you.

02:26:09.490 --> 02:26:10.330
Okay, Fire.

02:26:11.250 --> 02:26:12.970
Yes, thank you, Madam Chair.

02:26:12.970 --> 02:26:15.050
I'd like to share with council that recently

02:26:15.050 --> 02:26:18.650
the fire department acquired a new aerial drone device

02:26:18.650 --> 02:26:20.950
that has the latest technology

02:26:20.950 --> 02:26:25.250
and also has thermal imaging capabilities.

02:26:25.250 --> 02:26:27.050
We were able to acquire this device

02:26:27.050 --> 02:26:29.330
due to a generous donation

02:26:29.330 --> 02:26:31.750
from the Marvin Steco family estate.

02:26:31.750 --> 02:26:44.750
The Fire Department would like to thank the families of Deputy Chief Scott Steekle and his brother Darren for their generous donation and support of our operations and equipment. So thank you.

02:26:44.750 --> 02:26:46.750
Thank you.

02:26:46.750 --> 02:26:47.750
Police?

02:26:47.750 --> 02:26:58.750
Thank you Madam Chair. Just an announcement, we are holding our spring drug take back event this Saturday from 10am to 2pm at the Police Department.

02:26:58.750 --> 02:27:03.390
So, if you have prescription drugs that you want to dispose of, you can do that at that

02:27:03.390 --> 02:27:04.390
time.

02:27:04.390 --> 02:27:09.430
It's also important to note that we do have a receptacle in the lobby, well, the vestibule

02:27:09.430 --> 02:27:13.630
of the police department, so it can be done at any time of the year, but this is a big

02:27:13.630 --> 02:27:18.430
one that we do for people to drop off any unused prescription drugs.

02:27:18.430 --> 02:27:19.430
Library?

02:27:19.430 --> 02:27:20.430
No report.

02:27:20.430 --> 02:27:33.750
no report oh I was gonna say communications but our IT do we do

02:27:33.750 --> 02:27:42.750
communications okay nothing for airport so now we have city manager thank you

02:27:42.750 --> 02:27:46.510
madam chair I just want like to thank the council support for all the things

02:27:46.510 --> 02:27:59.590
we're able to move forward tonight. Thank you. Okay we'll go with the Alderman Shadle. Thank you. I've

02:27:59.590 --> 02:28:04.630
been noticing a lot of the public comments in the last few meetings where

02:28:04.630 --> 02:28:13.110
there's things being said that aren't necessarily true and they are not

02:28:13.110 --> 02:28:23.310
not necessarily informed comments and a little disheartening when I have the neighborhood

02:28:23.310 --> 02:28:29.430
watch meetings and I get three to five people show up when there's people there to answer

02:28:29.430 --> 02:28:39.870
questions and to inform people. That being said, Thursday, May 1st at Schwartz on Park

02:28:39.870 --> 02:28:46.590
Boulevard, 6 p.m. will be a neighborhood watch meeting for the sixth floor. Thank you.

02:28:46.590 --> 02:28:54.990
Alderman Sanders. Oh yeah, public service announcements. I want to invite everyone

02:28:54.990 --> 02:29:06.350
out May 24th to meet in the park day. It's where we demonstrate events and food

02:29:06.350 --> 02:29:17.350
Wood Fund for the entire city of Freeport that wants to come out and share this event in the Third Ward at Taylor Park.

02:29:17.350 --> 02:29:22.350
I'd like to see the cooperation of the city being part of it.

02:29:22.350 --> 02:29:30.350
It's going to have music fun and games and all kinds of entertainment that can be provided.

02:29:30.350 --> 02:29:36.790
So, I just wanted to let the public know that they are invited to come out and be a part

02:29:36.790 --> 02:29:45.050
of this demonstration that we're going to do for May 24th starting at 12 noon.

02:29:45.050 --> 02:29:52.090
I'm just really guessing right now, but I'm going to say 12 noon and hope to see everybody

02:29:52.090 --> 02:29:53.090
out there.

02:29:53.090 --> 02:29:56.090
I would just like to let everybody know that we have a lot of work to do and we have a lot of work to do.

02:29:56.090 --> 02:30:14.090
I would just like to let everybody know that the tulips at the Boys and Girls Club are coming out and ride by and see how beautiful they are and also we did have some daffodils and tulips by fire station number two so check them out and just see how pretty they are.

02:30:14.090 --> 02:30:16.090
Alderman Klemm? Nothing.

02:30:16.090 --> 02:30:20.090
Alderman Monroe?

02:30:20.090 --> 02:30:22.090
Nothing tonight.

02:30:22.090 --> 02:30:24.090
Alderman Parker?

02:30:24.090 --> 02:30:29.810
just our neighborhood watch meetings next Monday night so we hope everybody comes

02:30:29.810 --> 02:30:44.490
thank you. Alderman Stacey. Nothing tonight. At this time are there any public comments?

02:30:44.490 --> 02:31:06.410
I want to make sure this is very truthful and informed for you.

02:31:06.410 --> 02:31:12.450
All the mayor had to do was call me and say, hey, do you mind resigning because this was

02:31:12.450 --> 02:31:42.450
is a rough campaign and I would have said absolutely I understand and that would have been the end of it because that's the kind of person I am instead she showed the city of Freeport the kind of person that she is now with that appointment yes attorney I understand you're in a weird position there you know October 31st 2024 was the end of that appointment per her appointment the one that you guys voted on unanimously by the way it was supposed to go for another four years I get what attorney Zito is saying

02:31:42.450 --> 02:31:46.950
Here's the issue. Nobody cared about that for the past six months while I was going to those meetings, though, did you?

02:31:46.950 --> 02:31:54.950
Okay? I don't want the job back, but I want you to put somebody in there that this city of Freeport doesn't have to be concerned about.

02:31:54.950 --> 02:32:01.950
Okay? Residency. No offense to Chief. You know, I respect you. You know, I love what you do.

02:32:01.950 --> 02:32:11.950
Here is my take on this, because you guys are about to make the same mistake again for the next four years, because you've done it for the past eight.

02:32:11.950 --> 02:32:17.950
You've spent eight years blaming the previous mayors, you've blamed the previous councils on things that happened.

02:32:17.950 --> 02:32:21.950
We just keep kicking the can down the road. We said that a couple times tonight.

02:32:21.950 --> 02:32:28.950
All that's going to happen is come May 13th, this will be right back on the agenda, right?

02:32:28.950 --> 02:32:32.950
It failed tonight, so now we have a residency requirement.

02:32:32.950 --> 02:32:39.950
Come May 13th, or shortly thereafter, this will be right back on the agenda, and they will have the votes to do what they want.

02:32:39.950 --> 02:32:40.950
Anderson.

02:32:40.950 --> 02:32:41.950
Understand that.

02:32:41.950 --> 02:32:42.950
Learn this.

02:32:42.950 --> 02:32:46.430
I've been watching here every, well, three Mondays a month for the past year.

02:32:46.430 --> 02:32:48.330
I know how this works.

02:32:48.330 --> 02:32:49.330
Trust me on this.

02:32:49.330 --> 02:32:51.130
And I'm not saying that's wrong.

02:32:51.130 --> 02:32:54.810
But here's what you just told the people of Freeport tonight.

02:32:54.810 --> 02:32:56.390
That we are violating an ordinance.

02:32:56.390 --> 02:33:01.310
That we've been violating an ordinance for the past eight years.

02:33:01.310 --> 02:33:06.890
One day, I didn't shovel my sidewalk this past winter, and boom, I got a warning letter

02:33:06.890 --> 02:33:07.890
real quick.

02:33:07.890 --> 02:33:33.590
and

02:33:33.590 --> 02:33:34.590
and Winsor.

02:33:34.590 --> 02:33:35.590
And then you grant the man a waiver.

02:33:35.590 --> 02:33:38.390
Or I think there's five people, I don't know who those five people are.

02:33:38.390 --> 02:33:41.830
Grant them a waiver so that you're not talking about this again.

02:33:41.830 --> 02:33:43.070
Give them a waiver.

02:33:43.070 --> 02:33:44.070
Let it go through.

02:33:44.070 --> 02:33:46.270
They're grandfathered in to whatever.

02:33:46.270 --> 02:33:47.790
Yes, we've broken the rule.

02:33:47.790 --> 02:33:49.550
Shame on us.

02:33:49.550 --> 02:33:53.150
But now moving forward, anybody that's hired follows this ordinance unless you guys change

02:33:53.150 --> 02:33:55.710
the ordinance because you know what's going to happen.

02:33:55.710 --> 02:34:01.270
You may think that you won that they're going to start following the rules but they're not.

02:34:01.270 --> 02:34:26.330
and

02:34:26.330 --> 02:34:27.330
Wilkinson.

02:34:27.330 --> 02:34:35.450
You know, I take this position seriously about making decisions for the community and the

02:34:35.450 --> 02:34:41.370
future of our community, and I think we can do better than somebody who has an arrest

02:34:41.370 --> 02:34:46.550
record for domestic violence for restricting the blood and airflow of another human being

02:34:46.550 --> 02:34:51.250
and a DUI on the same night on June 9th, 2024.

02:34:51.250 --> 02:34:53.130
This is not ancient history.

02:34:53.130 --> 02:34:55.690
This is something that is serious.

02:34:55.690 --> 02:34:56.690
and others.

02:34:56.690 --> 02:35:01.450
I don't want a person like this making decisions on our future for Freeport and we can do better.

02:35:01.450 --> 02:35:06.890
My next concern has to do with these EV chargers that we talked about recently and the comment

02:35:06.890 --> 02:35:12.890
was made that this is going to be something that's going to benefit the downtown because

02:35:12.890 --> 02:35:17.970
people driving from Chicago to Galena will stop here and shop downtown.

02:35:17.970 --> 02:35:22.770
When I mentioned that to my husband, he said, what store is somebody from Chicago going

02:35:22.770 --> 02:35:24.730
to shop at downtown?

02:35:24.730 --> 02:35:29.690
and I counted, we have seven stores and two jewelry stores. They're almost always closed

02:35:29.690 --> 02:35:35.890
on Sunday. So we would be paying to have people, well, people from Chicago aren't even going

02:35:35.890 --> 02:35:40.350
to come. And I have an electric vehicle. I charge it in my driveway. This is a huge waste

02:35:40.350 --> 02:35:46.730
of money. And we are spending $90,000 for an engineering study to look at this when

02:35:46.730 --> 02:35:52.810
I can already tell you it's a waste of money. And so we have to ask ourselves, why are we

02:35:52.810 --> 02:35:59.810
and I. We are not paying this fee of $90,000 when we used to pay a city engineer $98,000

02:36:01.010 --> 02:36:07.010
for the entire year for the city to make engineering decisions. And this same engineer could have

02:36:07.010 --> 02:36:12.530
done this study and he could do a lot more and he did a lot more. I cannot understand

02:36:12.530 --> 02:36:19.530
why we got rid of this city engineer and went to a contractor who now has somebody sitting

02:36:19.530 --> 02:36:20.530
and others.

02:36:20.530 --> 02:36:25.610
We need to have somebody sitting over here pretending to be our public works person and

02:36:25.610 --> 02:36:28.970
taking contracts for the business that he works for.

02:36:28.970 --> 02:36:32.770
It's a major conflict of interest and we need to do something about it.

02:36:32.770 --> 02:36:35.770
This has got to stop.

02:36:35.770 --> 02:36:42.490
Good evening.

02:36:42.490 --> 02:36:43.490
My name is Cheryl Altman.

02:36:43.490 --> 02:36:46.490
I want to touch on the ordinances.

02:36:46.490 --> 02:36:52.010
Boyer, you were saying that you guys don't violate your own ordinances, please check

02:36:52.010 --> 02:36:58.770
yourself at the door. You will fast-track anybody in here whose property you think

02:36:58.770 --> 02:37:03.410
is no good, because you have Wayne do it, then he has his little flunkies do it,

02:37:03.410 --> 02:37:07.490
but you won't hold yourself accountable for your own property, like the Raleigh

02:37:07.490 --> 02:37:13.290
Building. I will bring that sucker up every time. Plus, when I had, a couple

02:37:13.290 --> 02:37:18.130
30 years ago my one property, the house, it's a vacant house that you guys were doing work

02:37:18.130 --> 02:37:24.550
on in Chicago. It flooded my basement completely. I called and made a complaint with you and

02:37:24.550 --> 02:37:30.330
you accused me of going outside, turning the freaking water on at the curb. Now please

02:37:30.330 --> 02:37:35.250
tell me and then you say that you're not responsible? Give me a break because I know because my

02:37:35.250 --> 02:37:39.970
son was working and he was taking care of it. You know and the mayor's probably not

02:37:39.970 --> 02:37:45.970
and I are here tonight because she was out eating Mexican food with the guy she just was trying to hire to replace Joshua.

02:37:45.970 --> 02:37:47.970
So maybe she got food poisoning.

02:38:03.970 --> 02:38:04.970
My name is Akia Sanders.

02:38:04.970 --> 02:38:08.930
Sanders. I would spend my three minutes just completely laughing about this whole council

02:38:08.930 --> 02:38:13.650
almost except for a few. I mean, it goes all the way back to first grade or kindergarten.

02:38:13.650 --> 02:38:18.730
I mean, pay attention in class. You guys don't even take this thing seriously at all. I mean,

02:38:18.730 --> 02:38:23.530
nobody's watching, nobody's concerned except for the couple people that care. And I can

02:38:23.530 --> 02:38:29.170
point them out, James Monroe, Stacy, Larry, Sellers. I don't know how it feels to be

02:38:29.170 --> 02:38:34.170
somebody that, you know, we thought you was coming for us. And I don't mean us as black

02:38:34.170 --> 02:38:40.950
I mean us as a community. I tried genuinely to come in here with a open mind and say okay maybe I'll you know

02:38:40.950 --> 02:38:46.410
inbox her, see what she do, inbox you, no response. I got about four or five people's did the same thing.

02:38:46.410 --> 02:38:53.530
I don't care about your magazines. You don't affect me. I'm not a public figure. I didn't go to sit in that seat.

02:38:53.610 --> 02:39:00.170
It's kind of a hot seat right now. The whole community think this is a laughing matter. The council is a laughing matter.

02:39:00.170 --> 02:39:07.090
Carter. Because nobody is actually owning up to anything, answering any questions. James

02:39:07.090 --> 02:39:13.570
check y'all every time he come up in here. Y'all act like y'all seen a ghost. Y'all

02:39:13.570 --> 02:39:18.490
can read. Then y'all tell Larry, read it. Then y'all say, do the homework. Now and then,

02:39:18.490 --> 02:39:24.330
Rob, I hope since you put your Superman vest on and said you abide by all ordinances, no

02:39:24.330 --> 02:39:29.970
against the police or anything, I hope you got some letters ready to suspend a few people.

02:39:29.970 --> 02:39:34.710
because that's what you do to me. That's what you do to me. Everything I violate,

02:39:34.710 --> 02:39:39.310
everything I do is always under a magnifying glass. You offer me a job, I

02:39:39.310 --> 02:39:45.750
respectfully declined. This is a clown posse that I do not want to be a part of.

02:39:45.750 --> 02:39:51.150
Hopefully you get it together one day. Thank you.

02:39:51.150 --> 02:40:06.870
Pagker. First, I'd like to remind you all that this is a free port. What did you say

02:40:06.870 --> 02:40:13.150
your name was? Page Kerr. First, I'd like to remind you all that this is a free port

02:40:13.150 --> 02:40:19.510
City Council. This is not a Lena City Council, nor is it a Forreston City Council. The City

02:40:19.510 --> 02:40:21.830
was created by the people for the people.

02:40:21.830 --> 02:40:25.030
And it's only fair to ask that those in positions of power

02:40:25.030 --> 02:40:26.230
reside within the city.

02:40:27.330 --> 02:40:29.450
Additionally, I'd like to challenge the council

02:40:29.450 --> 02:40:31.750
on their activism and marketing to include the youth

02:40:31.750 --> 02:40:34.910
and working class into getting involved with open positions.

02:40:34.910 --> 02:40:36.810
There's an importance in educating and setting up

02:40:36.810 --> 02:40:39.390
our citizens for success rather than robbing them

02:40:39.390 --> 02:40:40.430
of an opportunity.

02:40:42.270 --> 02:40:44.630
Also, I support bringing documentation to the council

02:40:44.630 --> 02:40:47.030
to show if our water is contaminated or not.

02:40:47.030 --> 02:40:49.690
The public should be regularly notified.

02:40:49.690 --> 02:40:52.350
As a citizen, I've received a letter from my electric,

02:40:52.350 --> 02:40:54.310
but never about the quality of my water.

02:40:56.570 --> 02:40:59.470
Lastly, I would like to take a stance on my disinterest

02:40:59.470 --> 02:41:00.550
in Jodi Miller's involvement

02:41:00.550 --> 02:41:02.670
with the Greater Freeport Partnership.

02:41:02.670 --> 02:41:05.470
It's a scam on the lives of the citizens.

02:41:05.470 --> 02:41:06.950
The involvement directly brings the power

02:41:06.950 --> 02:41:09.690
of political contributions and public grants together.

02:41:10.610 --> 02:41:12.410
There's a power circle within the board

02:41:12.410 --> 02:41:14.910
and the Greater Freeport Partnership.

02:41:14.910 --> 02:41:16.330
It encourages biased opinions

02:41:16.330 --> 02:41:18.050
and rewards those involved.

02:41:18.050 --> 02:41:19.670
We see it on display often here.

02:41:20.570 --> 02:41:21.930
To add to that, the events hosted

02:41:21.930 --> 02:41:23.290
by the Greater Freeport Partnership

02:41:23.290 --> 02:41:25.210
directly pulls money back from the taxpayers

02:41:25.210 --> 02:41:27.110
into that same power circle.

02:41:27.110 --> 02:41:28.930
It's a double whammy on the citizens.

02:41:30.130 --> 02:41:31.570
There should be no relationship

02:41:31.570 --> 02:41:33.730
between the city mayor and this organization.

02:41:33.730 --> 02:41:35.210
It's a clear conflict of interest

02:41:35.210 --> 02:41:36.850
and I would imagine fraud as well.

02:41:38.790 --> 02:41:41.370
As a citizen, I ask for you to follow the money.

02:41:41.370 --> 02:41:43.730
I ask for you to hold them accountable.

02:41:43.730 --> 02:41:50.730
I ask you to honor this city's history and I ask you to remember that this city council was created by the people for the people.

02:41:50.730 --> 02:41:51.730
Thank you.

02:41:51.730 --> 02:41:58.730
My name is Micaiah Stacy.

02:41:58.730 --> 02:42:03.730
Speaking of saying things incorrectly, I do want to apologize.

02:42:03.730 --> 02:42:07.730
I spoke to the Chief and I would be a hypocrite if I said I didn't understand why he didn't live in the city.

02:42:07.730 --> 02:42:10.730
He gave me his reasoning. It's not my business to put out there.

02:42:10.730 --> 02:42:23.730
About the ordinances. When we were raised and I was raised in church, I was told that Jesus loves me and that the truth is very important because lies will send you to hell. Not that exactly.

02:42:23.730 --> 02:42:32.730
But every time I walk in this building and I watch on my phone so I don't get off of work until seven, it's constant lies.

02:42:32.730 --> 02:42:36.730
Or, yeah, this ordinance exists and I'm going to read it out.

02:42:36.730 --> 02:42:42.670
Alderman Stacy reads out an ordinance and it's, well we didn't do this right. What

02:42:42.670 --> 02:42:46.310
the hell are we doing? What are we up here for? Are we gonna do our jobs

02:42:46.310 --> 02:42:51.850
correctly or are we gonna do our jobs for our friends? Like Ms. Page just said, you

02:42:51.850 --> 02:42:56.150
are here for the city. I don't care what party you're voting for, where you live,

02:42:56.150 --> 02:43:00.650
if you're not voting for the interests of this city, then get out. If you don't

02:43:00.650 --> 02:43:04.430
want to be in this seat, if you don't want to hear me talk, get out. If you

02:43:04.430 --> 02:43:07.270
If you don't want to listen to this city, get out.

02:43:07.270 --> 02:43:10.510
I don't know how many times we have to say it.

02:43:10.510 --> 02:43:12.190
This is a very respectful position.

02:43:12.190 --> 02:43:14.510
I'm going to need you guys to have some respect for yourselves.

02:43:14.510 --> 02:43:15.010
Thank you.

02:43:19.150 --> 02:43:20.430
Is there anyone else?

02:43:20.430 --> 02:43:38.870
James Monroe, Santa Fe Drive. I've been in this council room for four years now and I've

02:43:38.870 --> 02:43:45.550
uncovered things are very, very disheartening for the City of Freeport. The corruption behind

02:43:45.550 --> 02:43:52.950
the Scenes is unreal. Clown newspaper article writers like Dan Stevens sitting over here

02:43:52.950 --> 02:43:59.950
literally basically project lies upon members of the community, members of this council.

02:44:00.810 --> 02:44:06.850
They spread half-truths and they attack people, all for political gain, for certain political

02:44:06.850 --> 02:44:13.850
gain. I've uncovered in the last six months close to $2.5 million a year in property tax

02:44:13.850 --> 02:44:19.850
and property tax decreases that were given out to certain members of this community.

02:44:20.850 --> 02:44:26.850
Two and a half million. All of our property taxes are going up. Theirs is going down.

02:44:27.850 --> 02:44:33.850
There's a building downtown that pays less property tax than some of the homeowners in my ward.

02:44:34.850 --> 02:44:39.850
You're stepping in defending the lady that sits up there and it's disappointing

02:44:39.850 --> 02:44:45.530
because you represent yourself as a godly woman and I will tell you that that person sitting up

02:44:45.530 --> 02:44:53.770
there is not who she puts herself out to be. I have contacted everybody and anybody who will listen

02:44:53.770 --> 02:45:00.490
and take action. There will be people held accountable in this room. I will not stop

02:45:00.490 --> 02:45:07.130
fighting. I will not give in. I have uncovered where the money's been going, how the GFP plays

02:45:07.130 --> 02:45:10.950
Friesen, and these people are starting to help out. They're diving in. The people of the

02:45:10.950 --> 02:45:16.790
city of Freeport are waking up. You can't burn a house down or tear a house down based

02:45:16.790 --> 02:45:21.710
on the fact you don't like somebody. That's not how this community works. That's not what

02:45:21.710 --> 02:45:29.310
we're about. I may not like the choices that Kia makes in life. I don't care. But what

02:45:29.310 --> 02:45:34.870
I care about is when somebody's done wrong and this man in the suit up front decides

02:45:34.870 --> 02:45:41.870
has to sit there and enforce only the ordinances that he feels need to be enforced.

02:45:41.870 --> 02:45:50.470
In violation of his oath of office, in violation of his contract, and we will deal with that.

02:45:50.470 --> 02:45:56.950
And I have one choice, and one choice only, and that is now to ask that the legal system

02:45:56.950 --> 02:46:03.190
gets involved and claw back the pay of everybody who doesn't live within the legal guidelines

02:46:03.190 --> 02:46:05.550
of the Ordinance.

02:46:05.550 --> 02:46:09.710
Not something that's going to be fun, not something that's going to be cheap, but we

02:46:09.710 --> 02:46:14.750
are going to get to the bottom of all of the issues in this community, and we're going

02:46:14.750 --> 02:46:21.190
to start with the people in this room, and unfortunately for some of you, the people

02:46:21.190 --> 02:46:26.710
that are supporting me, they have a lot more money and a lot more power than I do, so enjoy

02:46:26.710 --> 02:46:44.550
Enjoy your time in office because it won't last much longer.

02:46:44.550 --> 02:47:04.950
Cecelia, Stacy, you know, I have put off doing something that I know I was charged to do because

02:47:04.950 --> 02:47:20.150
What is people gonna think? What is my fellow Alder people gonna say? And so I go home knowing

02:47:20.150 --> 02:47:32.070
that I was charged to do something that I didn't do. So tonight I'm gonna do it. Just

02:47:32.070 --> 02:47:37.070
It's like we open up every meeting and prayer.

02:47:37.070 --> 02:47:42.070
It's not where you start, it's where you end.

02:47:42.070 --> 02:47:46.070
Father God, in the name of Jesus,

02:47:46.070 --> 02:47:52.070
I come to you tonight, Lord Jesus, asking for your guidance, O God.

02:47:52.070 --> 02:47:57.070
Father God, you know what this city was created to be.

02:47:57.070 --> 02:48:02.270
You know what this city needs to be, oh God.

02:48:02.270 --> 02:48:08.470
It was not called Freeport for no reason at all.

02:48:08.470 --> 02:48:15.670
So Lord Jesus, I pray and I ask you to take control of this your city

02:48:15.670 --> 02:48:20.970
and help us become what we are supposed to be,

02:48:20.970 --> 02:48:24.870
that of a free city.

02:48:24.870 --> 02:48:27.870
In Jesus' name I pray. Amen.

02:48:37.870 --> 02:48:46.870
Is there anyone else? If not, we will adjourn to executive session.

02:48:46.870 --> 02:48:57.110
We've been requested for two executive sessions tonight pursuant to 5 ILCS 122C1, the appointment,

02:48:57.110 --> 02:49:02.310
employment, compensation, discipline, performance, or dismissal of specific employees, including

02:49:02.310 --> 02:49:08.710
hearing testimony on a complaint lodged against an employee to determine its validity. Secondly,

02:49:08.710 --> 02:49:14.470
pursuant to 5 ILCS 122C3, the selection of a person to fill a public office as defined

02:49:14.470 --> 02:49:18.670
in this act including a vacancy in a public office when the public body is given power

02:49:18.670 --> 02:49:23.190
to a point under law or ordinance or the discipline, performance, or removal of the occupant of

02:49:23.190 --> 02:49:27.550
a public office when the public body is given power to remove the occupant under law or

02:49:27.550 --> 02:49:28.550
ordinance.

02:49:28.550 --> 02:49:32.830
Is there a motion to go into executive session?

02:49:32.830 --> 02:49:36.150
So moved.

02:49:36.150 --> 02:49:43.750
I ask that we vote on them separately.

02:49:43.750 --> 02:49:53.070
separate motions, executive session for

02:49:53.070 --> 02:49:58.070
Executive Session for just the first item under 2C1.

02:50:00.070 --> 02:50:05.070
Do I need to read it again or just refer to the Exemption 1 Personnel Exemption?

02:50:09.070 --> 02:50:11.070
What about Klemm's motion?

02:50:13.070 --> 02:50:17.070
Right, so is there a second then to go into Executive Session for 2C1?

02:50:19.070 --> 02:50:22.070
So we need a second to go in for Personnel.

02:50:23.070 --> 02:50:33.070
So this is the one. Second. This is the city. Thank you. This is the topic that would be the City Manager Review.

02:50:33.070 --> 02:50:39.070
So do you take the roll call? Yes.

02:50:39.070 --> 02:50:45.070
What was that last comment you just made? What was that you said?

02:50:45.070 --> 02:50:51.070
So we'd be going into the executive session for personnel reasons to give an update on City Manager Review.

02:50:51.070 --> 02:51:01.350
and I, and then we will be coming back out for item 23 well no we're gonna after this

02:51:01.350 --> 02:51:06.530
motion then there'd be another if there's another motion because you wanted to take

02:51:06.530 --> 02:51:12.350
them separately about whether or not to go in for under the appointment to fill a public

02:51:12.350 --> 02:51:18.870
office and if that passes then we would have that conversation while we were in there if

02:51:18.870 --> 02:51:23.870
If it doesn't, then we won't have that conversation while we're in there to talk about the City Manager part.

02:51:23.870 --> 02:51:27.870
So we're not coming in and out of the room, is what I guess my point.

02:51:27.870 --> 02:51:32.870
So are you saying we can just serve 23 out here?

02:51:32.870 --> 02:51:34.870
No.

02:51:34.870 --> 02:51:39.870
We'd have to see if there's a motion made to go in.

02:51:39.870 --> 02:51:47.870
If we have a motion to go in, then we would go in, and then we would do 23 afterwards, but if there's not a motion to go in, then we wouldn't.

02:51:47.870 --> 02:51:52.430
would just go to 23. We'd go in to do 2C1 first and then we'd come back out and do

02:51:52.430 --> 02:52:01.790
23. So right now we're just talking about 2C1 and there was a

02:52:01.790 --> 02:52:09.950
motion and a second to go in for the City Manager review update. Shadle? No.

02:52:09.950 --> 02:52:20.950
Sanders, Sellers, Klemm, Monroe, Parker, and Stacy.

02:52:20.950 --> 02:52:26.950
One, two, three, four. The motion fails. Three to four.

02:52:26.950 --> 02:52:34.950
So we're not going to go into executive session then to discuss 2C1. So now then,

02:52:34.950 --> 02:52:55.950
There would need to be a motion to go into executive session under 2C3, which is to discuss the appointment to fill the vacancy, which is related to item number 23 on the agenda about the appointment to the Planning Commission.

02:52:55.950 --> 02:52:57.950
So is there a motion? Is that what we're looking for?

02:52:57.950 --> 02:53:00.950
Yes.

02:53:00.950 --> 02:53:03.950
Make a motion.

02:53:03.950 --> 02:53:12.710
in a second. So he just made a motion to go into executive session for for 2c3.

02:53:12.710 --> 02:53:17.370
And if we don't go into executive concession it will be discussed here. You

02:53:17.370 --> 02:53:32.770
got it. So is there a second to go into executive session for 2c3? Okay. If not

02:53:32.770 --> 02:53:33.770
and Stacey.

02:53:33.770 --> 02:53:42.930
So, we're not going into executive session at all.

02:53:42.930 --> 02:53:44.930
Go to the last item on the agenda.

02:53:44.930 --> 02:53:47.450
What's the last item?

02:53:47.450 --> 02:53:51.730
Second to last, sorry.

02:53:51.730 --> 02:53:59.330
Motion to rescind advice and consent of Council to the appointment of Dustin Wilkinson to

02:53:59.330 --> 02:54:08.330
to Planning Commission, presented by Stacy and Monroe.

02:54:08.330 --> 02:54:15.250
You know, I hate the wording on this.

02:54:15.250 --> 02:54:20.250
I guess we have to be Robert's rule compliance.

02:54:20.250 --> 02:54:30.650
but to rescind advice and consent of Council.

02:54:30.650 --> 02:54:45.010
I feel that it should say that we're rescinding the Mayor's choice for various reasons.

02:54:45.010 --> 02:54:54.550
and I am asking for the rescinding of the position that Dustin Wilkinson on the Planning

02:54:54.550 --> 02:55:17.030
Committee, Commission, be removed, voided, revoked, rescinded.

02:55:17.030 --> 02:55:23.350
That's a motion to rescind the appointment, or I'm sorry, a motion to rescind the advice

02:55:23.350 --> 02:55:33.350
and Stacey, and we have a motion that we send to the Planning Commission to send their consent of the Council to the appointment of Dustin Wilkinson to the Planning Commission. So that's a motion that's been made by Alderman Stacy that we need a second.

02:55:33.350 --> 02:55:36.350
I'll second it.

02:55:36.350 --> 02:55:39.350
So

02:55:39.350 --> 02:55:42.350
We're voting to re-send him from the Planning Commission?

02:55:42.350 --> 02:55:46.350
We are voting to re-send their advising consent.

02:55:46.350 --> 02:55:51.350
Remember, a point, and once we get to discussion, I'll go through the legal components of it.

02:55:51.350 --> 02:55:55.670
Alderman, Stacy, is your motion just basically what's written on the paper?

02:56:03.670 --> 02:56:08.630
To rescind him from the commission, the Planning Commission.

02:56:11.270 --> 02:56:16.870
So they basically you want to, you want the council to, you guys gave a blessing originally,

02:56:16.870 --> 02:56:20.630
okay I'm going to use that term Lucy, you gave your advice and consent. Because we didn't know what we were giving to.

02:56:20.630 --> 02:56:25.390
that's fine so you're looking to rescind that advice and consent yes so that's

02:56:25.390 --> 02:56:30.870
what they're asking for clerk but that does not revoke the mayor's appointment

02:56:30.870 --> 02:56:40.710
correct correct the appointment is still so he's still in this position he would

02:56:40.710 --> 02:56:45.470
not have if this precision goes through he wouldn't have the advice and consent

02:56:45.470 --> 02:56:52.470
and I, and the Council has decided that we are not going to receive the consent of the

02:56:52.470 --> 02:56:57.470
Council at that point. There. So the appointment is made. Then there are rules that would follow.

02:56:57.470 --> 02:57:01.470
Then what happens when an appointment is made but it doesn't receive the advice and

02:57:01.470 --> 02:57:05.470
consent of the Council?

02:57:05.470 --> 02:57:12.470
But James, you gave a second, right? Yeah. Okay. So we're in discussion.

02:57:12.470 --> 02:57:42.470
Can I? Thank you. All right, so I just want to give some procedural background here. Okay, so that everyone understands what's before you guys. All right. Number one, appointments are made by the mayor. Okay, I don't care what the appointment like the appointment is like to what if it's Planning Commission, Zoning Commission, Liquor Commission, those appointments belong to the mayor, the appointment does. All that means is that the mayor

02:58:12.470 --> 02:58:16.470
that happened at a previous meeting, okay?

02:58:16.470 --> 02:58:22.230
What Alderman Stacy now has brought, just like with any decision that's approved by the Council,

02:58:22.230 --> 02:58:30.470
you guys can rescind that advice and consent that you guys previously gave, okay, there.

02:58:30.470 --> 02:58:35.670
And so that's what's been put on the agenda and that's what's before you guys is this

02:58:35.670 --> 02:58:40.430
motion to rescind the Council's advice and consent, meaning you guys are rescinding your

02:58:40.430 --> 02:58:43.270
which is your blessing of his appointment, okay?

02:58:43.270 --> 02:58:45.970
the consent that you guys previously gave, okay?

02:58:47.670 --> 02:58:48.170
so.

02:58:48.850 --> 02:58:52.490
hang on one second, just a little bit more.

02:58:52.490 --> 02:58:57.430
so. as you guys may recall then from when Nancy Sylvester came and gave the Robert's rules

02:58:57.430 --> 02:59:00.210
discussion, I'm just bringing this out.

02:59:00.210 --> 02:59:03.410
for you guys, so that you guys can take it into consideration, just so that you have a full

02:59:03.410 --> 02:59:06.850
understanding of all the rules that might be in play, okay?

02:59:06.850 --> 02:59:16.850
Well, yes, there's such a thing as a motion to rescind. There are times when a motion to rescind can't be done or has no practical effect or shouldn't have any practical effect, okay?

02:59:16.850 --> 02:59:24.850
And the example that Nancy Sylvester gives is you can't rescind something if it's already then taken place, okay?

02:59:24.850 --> 02:59:31.850
And I'll give you a quick example. Let's say there was a motion to approve an ice cream social, okay, on Monday.

02:59:31.850 --> 02:59:37.070
Day. Council votes and it says we approve the ice cream social on Monday. Monday

02:59:37.070 --> 02:59:42.610
comes along the ice cream social happens. On Wednesday, the following Wednesday the

02:59:42.610 --> 02:59:46.330
council can't say motion to rescind the ice cream social we don't think we

02:59:46.330 --> 02:59:50.510
should do the ice cream social. Well it's already happened so you can't rescind

02:59:50.510 --> 02:59:54.710
something that's already happened or

02:59:54.710 --> 03:00:01.530
that's already happened or has already started to move in process okay so the

03:00:01.530 --> 03:00:08.590
deviation in that scenario is motion to approve the ice cream social and hire the

03:00:08.590 --> 03:00:16.670
ice cream company to make all the ice cream okay for Monday ice cream company

03:00:16.670 --> 03:00:21.070
starts making all the ice cream and reliance of that that that approval

03:00:21.070 --> 03:00:51.070
Later motion to rescind. We don't want to do the ice cream social anymore. Well that creates problem if you try to rescind it now because that ice cream company reasonably relied on the fact that you previously approved the ice cream social and them making all the ice cream so that's another scenario where rescission arguably is not appropriate because someone the ice cream company already started down the path based off of the first approval okay so having you guys keep all that in mind in this particular case you have Mr.

03:00:51.070 --> 03:00:58.270
Wilkinson, who's already been seated, attended a Planning Commission meeting, voted on items,

03:00:58.270 --> 03:00:59.790
so it complicates things.

03:00:59.790 --> 03:01:04.510
Okay, so I just want you, I'm letting you guys know that so that you guys have this information

03:01:04.510 --> 03:01:08.590
that arguably a motion to rescind right now might not be appropriate there.

03:01:08.590 --> 03:01:16.070
Again, vote as you will on it.

03:01:16.070 --> 03:01:17.250
So that's the background.

03:01:17.250 --> 03:01:19.270
it's kind of the lay of the land on this.

03:01:23.210 --> 03:01:24.450
Oh, go ahead.

03:01:26.170 --> 03:01:31.170
Question Zito, you said the robber rules

03:01:31.650 --> 03:01:36.650
gives her the authority or the consideration

03:01:37.530 --> 03:01:42.130
to appoint someone on a committee or something like that.

03:01:42.130 --> 03:01:45.890
Is that, how is it that she is able

03:01:45.890 --> 03:01:57.090
to appoint anyone to anything before council could give consent consulting or whatever the

03:01:57.090 --> 03:02:03.330
case is. Explain that part too. Sure. Yeah. So that's per state statute and that's also

03:02:03.330 --> 03:02:10.650
per our city ordinances that provides that specifically planning commission is appointed

03:02:10.650 --> 03:02:15.770
the person to fill the positions on the planning commission are appointed by the mayor with

03:02:15.770 --> 03:02:18.630
Here's the advice and consent of the City Council.

03:02:18.630 --> 03:02:23.590
That's what our city ordinance says and that also mirrors what state statutes says.

03:02:23.590 --> 03:02:25.930
Okay, Stacy.

03:02:25.930 --> 03:02:38.430
Okay, so what about this appointment should have ended October 31, 2024?

03:02:38.430 --> 03:02:48.550
it continued November, December, January, February, March, April, six months he

03:02:48.550 --> 03:03:04.290
attended meetings, he cast the vote, Joy. Yes, Attorney. So upon the expiration of a term, so our

03:03:04.290 --> 03:03:09.650
and our ordinance says that appointments can be to fill only the unexpired term, right?

03:03:09.650 --> 03:03:13.490
And so we had this conversation earlier about the fact that arguably the trying to do the

03:03:13.490 --> 03:03:18.850
automatic appointment for the successor four-year terms was probably out of order, was probably

03:03:18.850 --> 03:03:20.770
improper there, okay?

03:03:20.770 --> 03:03:24.290
So what happens when an appointment doesn't happen?

03:03:24.290 --> 03:03:29.810
Let's say come October 31st the term ended and you're supposed to do a reappointment

03:03:29.810 --> 03:03:31.430
at that time.

03:03:31.430 --> 03:03:36.710
If that doesn't happen for various reasons, and it happens more than you think in many

03:03:36.710 --> 03:03:42.630
communities, that person that sits in that spot at that time is what's called a holdover.

03:03:42.630 --> 03:03:48.310
So they hold over until such time as a replacement, a new appointment is made.

03:03:48.310 --> 03:03:52.870
So it's fine that Mr. Atkinson sat there and continued to go to meetings.

03:03:52.870 --> 03:03:54.190
He was a holdover.

03:03:54.190 --> 03:03:58.190
And then at such time as the mayor makes a new appointment and the City Council approves

03:03:58.190 --> 03:03:59.190
and others.

03:03:59.190 --> 03:04:01.570
If you use that with advice and consent, then that new person takes over.

03:04:01.570 --> 03:04:06.830
So this is a holdover situation.

03:04:06.830 --> 03:04:20.130
But we did not know, we had no idea that a person of his nature would be presented to

03:04:20.130 --> 03:04:32.530
and the Council as someone fitting for this committee.

03:04:32.530 --> 03:04:36.930
And I can't speak to that part as far as like, I can tell you guys what the law is, whether

03:04:36.930 --> 03:04:41.970
or not, you know, a person's qualifications or anything, I can't speak to that.

03:04:41.970 --> 03:04:46.210
That's for you guys as a council to decide whether or not to give your advice and consent

03:04:46.210 --> 03:04:47.210
to somebody.

03:04:47.210 --> 03:05:02.210
and the Mayor. I've had several times I've wanted to speak and have tried speaking with Nancy, the lady you spoke about. So if you have her information, can you give that to me? Because no one else seems to be able to.

03:05:02.210 --> 03:05:10.210
We still have a motion and a second to take a vote.

03:05:10.210 --> 03:05:15.750
This would be the motion that's before you guys, just so everyone's clear, is to rescind

03:05:15.750 --> 03:05:20.650
the advice and consent that was previously given to Mr. Wilkinson, who's there.

03:05:20.650 --> 03:05:25.170
So if you vote yes, you want to rescind the advice and consent.

03:05:25.170 --> 03:05:35.810
If you vote no, you don't want to rescind your prior decision.

03:05:35.810 --> 03:05:56.970
Do you think I would be qualified for the Planning Commission if I had a severe DUI and if I

03:05:56.970 --> 03:06:03.970
I choked someone out to the air flow and their blood stopped. But I could come on a city

03:06:06.230 --> 03:06:13.230
council committee and make decisions for this city? And that's what's not even a year old.

03:06:16.630 --> 03:06:23.630
It's about six, seven months old. And the record is as long as my arm, it goes deeper.

03:06:23.630 --> 03:06:27.110
I'm not trying to go there.

03:06:27.110 --> 03:06:29.710
So please don't make me.

03:06:29.710 --> 03:06:32.590
I'm not trying to put his history out there.

03:06:32.590 --> 03:06:34.630
It's all public information.

03:06:34.630 --> 03:06:35.270
Look it up.

03:06:38.370 --> 03:06:41.150
I just can't believe someone of his nature

03:06:41.150 --> 03:06:47.890
was even brought to the council to even consider.

03:06:47.890 --> 03:06:51.830
And this is what I talk about when we're blindsided.

03:06:51.830 --> 03:06:55.150
and I asked the question, why him?

03:06:56.470 --> 03:06:59.410
Oh, well, he's lived here 38 years.

03:06:59.410 --> 03:07:02.530
He's a part of this community.

03:07:02.530 --> 03:07:07.010
He wants this and he wants that, but he has a felon.

03:07:10.570 --> 03:07:15.570
You can choke someone till they airflow stop in their blood

03:07:16.890 --> 03:07:21.630
and that's okay and that's the type of person we want.

03:07:21.830 --> 03:07:41.430
on our committees help me understand I just call Shadle no Sanders Sellers no

03:07:41.430 --> 03:07:52.810
Klemm, Monroe, I can't even speak right now, come on, Monroe, yes, Simmons, good,

03:07:52.810 --> 03:08:02.250
Parker, and Stacy, yes, there you have it, the motion fails three to, oh wait,

03:08:02.250 --> 03:08:13.050
wait wait wait you see you see you see motion to adjourn second see what we get

03:08:13.050 --> 03:08:19.730
for the next four years all in favor no matter how hard we try you see