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Tuesday, July 1, 2025

City of Jacksonville City Council met Dec. 14

Webp meeting 11

City of Jacksonville City Council met Dec. 14.

Here is the minutes provided by the council:

The Jacksonville City Council Meeting was called to order at 6:51 p.m. by Mayor Andy Ezard. The meeting was publicly announced by posting and by written notice to the local newspaper and radio stations.

ROLL CALL: The following answered present: Aldermen Brandon Adams, Mike Bartlett, Don Cook, Jeff Hopkins, Jeff Lonergan, Lori Large Oldenettel, Aaron Scott, Mike Wankel, Steve Warmowski, Eren Williams; Mayor Andy Ezard; City Attorney Dan Beard; City Clerk Skip Bradshaw. A quorum was declared.

MINUTES: Ald. Adams stated the following: “ the minutes reflected discussion between the Treasurer and myself on the amount of reserves left in the City funds, and the email I sent out an hour and a half ago was the email that reflected the numbers of 8.8 months of reserve like Adam Withee’s numbers reflected by myself in the last Council Meeting. I just would like to add that there was a sense that that was a discrepancy in the minutes and I just wanted to clarify that.” Treasurer Smiljanich deferred to Ald. Adam’s numbers. Motion was made by Hopkins, seconded by Scott, to approve the November 23, 2020 Minutes as amended (no amendments were actually made, Ald. Adam’s statements were just for clarification). By voice vote, motion carried.

PETITIONS: No discussion.

COMMUNICATIONS: No discussion.

CLAIMS: Motion was made by Hopkins, seconded by Cook, to pay claims when funds are available. By voice vote, motion carried.

MAYOR’S REPORT:

1. Reappointment of Steve Hardin to the Historic Preservation Commission, term expires December 1, 2023. Mayor Ezard asked for discussion and there was none. By voice vote, motion carried.

CITY ATTORNEY’S REPORT:

1. First reading of an ordinance, with Emergency Clause, adopting cable/video service provider fee. Motion was made by Cook, seconded by Lonergan, to accept the Emergency Clause.

ROLL CALL: 9 Yeas; 1 Nay (Warmowski)

Motion to accept the Emergency Clause carried 9-1.

Motion was made by Cook, seconded by Hopkins, to accept the second reading of the ordinance. CA Beard read the ordinance as proposed.

2020-O-018 Be it ordained by the City Council of the City of Jacksonville, Morgan County, Illinois, that an Ordinance WITH EMERGENCY CLAUSE, ADOPTING CABLE/VIDEO SERVICE PROVIDER FEE FOR THE CITY OF JACKSONVILLE – (5% of the holder’s gross revenues), is hereby approved.

Mayor Ezard asked for discussion and there was none.

ROLL CALL: 9 Yeas; 1 Nay (Warmowski)

Motion to accept the second reading of the ordinance carried 9-1.

CITY CLERK’S REPORT:

1. Community Development Department Report – November 30, 2020 

2. City Clerk’s Cash Receipts Report – November 30, 2020

3. City Clerk’s General Fund – Budget Report – November 30, 2020 

4. City Clerk’s General Fund – Revenue Analysis Report – November 30, 2020

PUBLIC COMMENT:

David Nance, resident of Ward 4, feels that the proposed mask ordinance being considered to deal with COVID-19 has been presented as a safety precaution. He thinks it assumes the necessity of such regulation has to be coerced to follow an even more intrusive set of regulations than what has already been placed on the lives of the citizen by the Governor. He respectfully asks the Council to reconsider and withdraw this new set of proposed regulations for the following reasons:

♦ The ordinance will reflect a deep division within the community and create a mistrust of City government

♦ Such regulation that this ordinance proposes cannot anticipate all the unintended consequences that are going to result if the ordinance is passed. There has to be a point at which fear must be overcome by practicality, and I believe if there is any merit in the proposal the majority of the people will already employ those measures. My question is every person responsible for their own actions? There should be, in government, as little intrusion as possible on the freedoms and choices of its citizenry.

♦ It should be recognized by the government that it has an obligation to that cause to resist the temptation like this to suppress the public moral by added regulation. I feel that the news of this ordinance has not been adequately divulged to the public, many people will be blindsided by this ordinance. Many people, like myself, no longer subscribe to the Journal Courier, and an ordinance of this magnitude requires a mailing and a survey of public thought.

♦ The city police force will find this proposal to be a further degradation of the public regard for law enforcement by considering all action against their necessary existence. 

♦ My hope is that this proposal has no (inaudible) other than (inaudible) or maybe just concern, because we’ve had little effects up to this point in our (inaudible) political (inaudible) and other places around the country. I cannot speak for all the citizens except to say that (inaudible) …are necessary, but fairness and justice (inaudible). Thank you for listening to my concerns.

Anthony Stephens stated that in the previous Workshop meeting we heard from Jamie Headen with Benton & Associates regarding the Ranney Well and the quality of water in the City of Jacksonville, and ensuring that we have an adequate supply going forward. There are times for people to question Mr. Headen about that and no one questioned him. The reason no one questioned him was because Jamie Headen is an expert in that field, he knows what he is talking about. The same can be, or should be, said regarding the mask mandate. The experts have already spoken. The Director of the Illinois Department of Public Health (inaudible) they recommend wearing masks, the Morgan County Department of Public Health recommends wearing masks, the Jacksonville Emergency Management Agency on their Facebook page recommends wearing masks, the CEO of Passavant Hospital has gone and put a video out there begging people to please wear masks. You can go in to any business today and see people not wearing masks. As I said in my previous comment, that people 70 and older will likely die as they are, one per day, at the current rate. Regarding enforcement, Springfield has enacted their (inaudible). In those cities that have enacted the order, the percentage of positive tests have gone down, and that is a good thing. It means that fewer people are getting it, fewer people are transmitting it, and that the hospitals are not being overburdened. In Springfield, the police department has each officer go to one business, one time per shift. It takes about 3 minutes. The last time I checked they had visited over 400 businesses and had only written 5 tickets and 22 warning citations. Consequently, some may say “oh that’s the government, they’re tyrants”, but public opinion has never trumped public health since the 1960’s Public Health Services Act gave the rights to the States and the Health Departments to enact ordinances, or laws, or recommendations under certain circumstances. It is not a question of is it right or not, or constitutional or not, it is a question of do we want to save the lives of elderly people in our city or not. That is what it boils down to. I think we should trust the experts that have already spoken out on the masks, just like we trusted Mr. Headen and Benton & Associates with the water that we drink every day. We need to trust the experts and I urge the Council and the Mayor to listen to the experts. Thank you.

Lisa Farmer commented that having worked at the hospital and seeing some of the overcrowding that we have, we’re not talking about just senior citizens, there are people there from their early 20’s to their 90’s. We have never hesitated to make an ordinance for “no shirt/no shoes/no service. Ten year’s back they put in a no smoking ban. All of these things are for the public health. I don’t see why at least temporarily we cannot put a mask ordinance in place. I’m seeing a lot more people wearing masks, but I’m still seeing quite a few that (inaudible) going into any business even though there’s a sign on the front door. We have to take into consideration the health of everybody, not just the senior citizens. There are many young people and middle aged people who have underlying conditions, diabetes, asthma, COPD. We need to be considerate of all our population. I sincerely hope that we can pass the mask ordinance. Thank you.

Nicole Riley spoke on behalf of Raymond Higuet, a hearing impaired citizen of Jacksonville, asking what is the suggestion for (inaudible) hard of hearing at (inaudible) meetings. He says it feels like you turned off the power to an elevator while someone is stuck inside in a wheelchair. Ms. Riley was asked to repeat the question. Ms. Riley stated she was reading a message sent to her by Raymond Higuet, a candidate for Alderman in Ward 2 and he is deaf, so he is unable to understand what is going on in the meeting. So his question that he has asked me to relay is what is your suggestion for giving the deaf and hard of hearing access to these (inaudible), and he says it feels like you’ve turned off the power to an elevator while someone is stuck inside in a wheelchair. Emergency Management Services Director Phil McCarty addressed Ms. Riley, stating that it is very challenging and when we went remote, it is very difficult for that. We have in place, we hope to be able to do it in person with video, but the public health risk to all of our elected officials right now is very difficult. I appreciate you reaching out to us on that and we will try to look into a way to get closed captioning and video by our next meeting. We are supposed to have a contactor here to run some wire for us but keeping distance is also a risk for us too but I understand the concern and I appreciate you reaching out and asking that question. Thank you.

Gabe Cathers stated I am for wearing of the mask, but I don’t see fining people for not wearing masks. If they’re out in public they should, I mean out walking, they shouldn’t be wearing masks, but inside businesses I agree. But I am not, I don’t think we should be fining people. Maybe just give them warnings and tell them to wear a mask. Thank you.

CONSENT AGENDA: (Items addressed under the Consent Agenda are routine or are brought forward at the direction of the Council and are enacted with one motion. If discussions were desired, that item would be removed from the Consent Agenda and considered separately under the Committee Reports.)

FINANCE/IT/PERSONNEL:

2020-R-144 Resolution AUTHORIZING VARIOUS PAYMENTS FROM THE CAPITAL IMPROVEMENT FUND FOR CERTAIN IMPROVEMENT PROJECTS - $250,748.12

(Hutchison Engineering - $346; Hutchison Engineering - $1,554; Midwest Garage Door Co - $7,500; SiteOne Landscape Supply - $3,385; Turner Painting & construction - $7,800; K E Vas - $25,000; K E Vas - $13,000; K E Vas - $58,668.31; Laverdiere Construction - $89,118.18; Hutchison Engineering - $3,273.13; Matt Martin Consulting - $6,000; Hutchison Engineering - $279.50; Scott Bros Electric - $34,824)

2020-R-145 Resolution AUTHORIZING PAYMENTS FROM THE GENERAL FUND FOR SERVICES RENDERED - $2,566

(Bellatti, Fay, Bellatti & Beard, LLP - $1,303.50 (City Attorney); Bellatti, Fay, Bellatti & Beard, LLP - $1,262.50 (Administrative Adjudication – Asst. City Attorney)

PARKS & LAKES: No discussion.

PLANNING & PUBLIC WORKS:

2020-R-146 Resolution APPROVING DEDICATION OF PUBLIC UTILITY EASEMENT (DUNCAN PARK) – (20’ in width along the north side of Duncan Park)

PUBLIC PROTECTION:

2020-R-147 Resolution APPROVING AMENDMENT #1 FOR RESOLUTION NO. 2020-R-095, A RESOLUTION AUTHORIZING WAIVER OF ADVERTISEMENT FOR BIDS; AND ACCEPTANCE OF PROPOSAL THROUGH THE HGAC JOINT PURCHASE PROGRAM FOR A TESTING SITE TRAILER – (Increase of $1,000 bringing the total dollar amount to $138,049)

Motion REQUESTING THE BOARD OF FIRE AND POLICE COMMISSIONERS TO HIRE ONE (1) PROBATIONARY HOSEMAN TO THE JACKSONVILLE FIRE DEPARTMENT

SPECIAL STUDIES: No discussion.

UTILITY:

2020-R-148 Resolution AUTHORIZING VARIOUS PAYMENTS FROM THE WATERWORKS & SEWERAGE PROJECTS FUND FOR CERTAIN IMPROVEMENT PROJECTS - $59,337.38

(Benton & Associates, Inc. - $4,784.60; Benton & Associates, Inc. – 3,615; Benton & Associates, Inc. – 2,292.50; Benton & Associates, Inc. - $18,250; LW Rouland Trucking Service, Inc. - $30,120.78; Journal-Courier - $274)

2020-R-149 Resolution AUTHORIZING PROPOSAL WITH LAYNE A. GRANITE COMPANY RE: RANNEY COLLECTOR WELL REHABILITATION PROJECT – (Not to exceed $694,543)

2020-R-150 Resolution APPROVING CONTRACT CHANGE ORDER #2 WITH L.W. ROULAND TRUCKING SERVICE, INC. RE: JONES PLACE LIFT STATION FORCEMAIN REPLACEMENT PROJECT – (Net decrease of $1,638, contract price is changed to $193,758)

2020-R-151 Resolution AUTHORIZING ENGINEERING PROPOSAL WITH BENTON AND ASSOCIATES, INC. RE: ENGINEERING, SURVEYING AND TECHNICAL SERVICES FOR JOHNSON STREET LIFT STATION ELECTRICAL, CONTROL SYSTEM & HVAC IMPROVEMENT PROJECT – (Not to exceed $23,000 (Task C)

2020-R-152 Resolution AUTHORIZING ENGINEERING PROPOSAL WITH BENTON AND ASSOCIATES, INC. RE: ENGINEERING, SURVEYING AND TECHNICAL SERVICES FOR MORTON AVENUE WATER MAIN REPLACEMENT – LINCOLN AVENUE TO GLADSTONE

Motion was made by Wankel, seconded by Williams, to accept the Consent Agenda. Mayor Ezard asked for discussion or if there were any items to be pulled from the Consent Agenda for further discussion and there were none.

ROLL CALL: 10 Yeas; 0 Nays

Motion carried 10-0.

COMMITTEE REPORTS

FINANCE/IT/PERSONNEL:

1. First reading of an Ordinance, with Emergency Clause, levying taxes for 2020. Ald. Cook reviewed earlier discussion on the tax levy, reminding the Council that they have agreed to a 1.3% overall increase, which gives a negative dollar amount in the General Fund, but allows the City to cover the required expenses for the Fire and Police Pension Funds. Motion was made by Cook, seconded by Scott, to accept the Emergency Clause.

Mayor Ezard asked for discussion. Ald. Warmowski asked CA Beard to read the ordinance beginning with the annual fund to ensure the amounts are correct. CA Beard read the amounts as follows:

Annual Fund for general corporate purposes: $4,082,817

Jacksonville Public Library: $520,000

Police Pension Fund: $1,200,600

Fire Pension Fund - $941,100

Total Levy: $6,744,517

ROLL CALL: 9 Yeas; 1 Nay (Adams)

Motion to accept the Emergency Clause carried 9-1.

Motion was made by Cook, seconded by Williams, to accept the second reading of the ordinance. CA Beard read the ordinance as proposed.

2020-O-015 Be it ordained by the City Council of the City of Jacksonville, Morgan County, Illinois, that an Ordinance, WITH EMERGENCY CLAUSE, LEVYING TAXES (2020 TAX LEVY ORDINANCE – Total Levy of $6,744,517 – 1.3% increase), is hereby approved.

Mayor Ezard asked for discussion. Ald. Warmowski again confirmed the Annual Fund number of $4,082,817.

ROLL CALL: 8 Yeas; 2 Nays (Adams, Warmowski)

Motion to accept the second reading of the ordinance carried 8-2.

PARKS & LAKES: No discussion.

PLANNING & PUBLIC WORKS:

1. Second reading of an Ordinance amending the Jacksonville Municipal Code, Chapter 25 Traffic and Vehicles, Article VIII Stopping, Standing and Parking, Section 25- 202 No Parking Zones Designated and Article IX Through Streets and Stop Intersections, Section 25-233 Specific Stop Intersections Established. Motion was made by Scott, seconded by Lonergan, to accept the second reading of the ordinance. CA Beard read the ordinance as proposed.

2020-O-016 Be it ordained by the City Council of the City of Jacksonville, Morgan County, Illinois, that an Ordinance AMENDING THE JACKSONVILLE MUNICIPAL CODE, CHAPTER 25, TRAFFIC AND VEHICLES,

ARTICLE VIII, STOPPING, STANDING AND PARKING, SECTION 25- 202 NO PARKING ZONES DESIGNATED AND ARTICLE IX THROUGH STREETS AND STOP INTERSECTIONS, SECTION 25-233 SPECIFIC STOP INTERSECTIONS ESTABLISHED – (No parking zones on Baldwin Rd., Grand Ave.; Stop sign removed on Hoagland Blvd. at Gladstone), is hereby approved.

Mayor Ezard asked for discussion and there was none.

ROLL CALL: 10 Yeas; 0 Nays

Motion carried 10-0.

2. First reading of an Ordinance, with Emergency Clause, amending the Jacksonville Zoning Map for property located at 319 East Wolcott from R-3 to B-3. Motion was made by Scott, seconded by Wankel, to accept the Emergency Clause.

ROLL CALL: 10 Yeas; 0 Nays

Motion to accept the Emergency Clause carried 10-0.

Motion was made by Scott, seconded by Lonergan, to accept the second reading of the ordinance. CA Beard read the ordinance as proposed.

2020-O-019 Be it ordained by the City Council of the City of Jacksonville, Morgan County, Illinois, that an Ordinance, WITH EMERGENCY CLAUSE, AMENDING THE JACKSONVILLE ZONING MAP FOR PROPERTY LOCATED AT 319 EAST WOLCOTT FROM R-3 (One Family Dwelling District) to B-3 (Limited Business District), is hereby approved.

Mayor Ezard asked for discussion and there was none.

ROLL CALL: 10 Yeas; 0 Nays

Motion to accept the second reading of the ordinance carried 10-0.

3. First reading of an Ordinance, with Emergency Clause, amending the Jacksonville Zoning Map for property located at 610 North Prairie from R-4 to B-1 with Special Use. Motion was made by Scott, seconded by Hopkins, to accept the Emergency Clause.

ROLL CALL: 10 Yeas; 0 Nays

Motion to accept the Emergency Clause carried 10-0.

Motion was made by Scott, seconded by Cook, to accept the second reading of the ordinance. CA Beard read the ordinance as proposed.

2020-O-020 Be it ordained by the City Council of the City of Jacksonville, Morgan County, Illinois, that an Ordinance, WITH EMERGENCY CLAUSE, AMENDING THE JACKSONVILLE ZONING MAP FOR PROPERTY LOCATED AT 610 NORTH PRAIRIE FROM R-4 (Two Family Dwelling District) to B-1 (Neighborhood Business District) WITH SPECIAL USE, is hereby approved.

Mayor Ezard asked for discussion and there was none.

ROLL CALL: 10 Yeas; 0 Nays

Motion to accept the second reading of the ordinance carried 10-0.

PUBLIC PROTECTION: No discussion.

SPECIAL STUDIES:

1. Second reading of an ordinance amending the Jacksonville Municipal Code, Chapter 2 Administration, Article IX Health, adding Section 2-260 Declaration of Health Emergency by Mayor and Public Health Requirement to Wear Masks in Public Spaces. Motion was made by Warmowski, seconded by Adams, to accept the second reading of the ordinance. CA Beard read the ordinance as proposed.

2020-O-017 Be it ordained by the City Council of the City of Jacksonville, Morgan County, Illinois, that an Ordinance AMENDING THE JACKSONVILLE MUNICIPAL CODE, CHAPTER 2 ADMINISTRATION, ARTICLE IX. – HEALTH, ADDING NEW SECTION 2-260 DECLARATION OF HEALTH EMERGENCY BY MAYOR AND PUBLIC HEALTH REQUIREMENT TO WEAR MASKS IN PUBLIC SPACES, is hereby approved.

Mayor Ezard asked for discussion. Ald. Warmowski relayed experiences he and his family have had with people not complying with the mask mandate, and talked about one of his constituents having to close their small business for two weeks, losing over $30,000, due to an employee contracting the virus by customers not complying with the mandate. He reminded everyone that this ordinance only applies to indoor public spaces, and in other situations County and State health guidelines and rules apply. He thanked everyone for considering this ordinance.

Ald. Adams asked CA Beard to clarify the USPS workers public comment on the HIPPA violation. CA Beard advised that the new ordinance states that “persons that have documented medical conditions that wearing a facial mask not medically tolerable shall be exempt from the requirements of this section”. He explained that there has to be some exception for medical reasons. If a consumer states that they cannot wear a mask due to medical reasons, the business owner can contact the police and the consumer can be issued a citation which will give them the opportunity to present their evidence to the court. Requesting proof from the consumer is not something the Jacksonville Police Officers will be doing. Ald. Warmowski explained that those who are medically exempt should be able to provide a doctors note, which he does not feel violates the HIPPA Act.

Ald. Cook clarified for the media that the passing of this ordinance does not mean that it immediately goes into effect. That is a decision that is made by the Mayor and public Health Officials when it has been declared that there is a health emergency. He encouraged the press to read the ordinance and let the constituents know exactly what is in that ordinance and how it is written.

Ald. Adams advised that the Alderman from Springfield who refused to wear a mask during a Council Meeting, citing medical reasons, was eventually fined as he was unable to produce proof of the medical necessity.

Ald. Bartlett asked if the language that states that the business owner must provide a mask is still in effect. CA Beard stated that according to the language, the business owner has the option of providing masks or barring people who do not comply from entry into their establishment. Ald. Warmowski stated that that the language requiring business owners from providing masks was to be deleted from the ordinance. CA Beard stated that he will amend the language to read “to ensure a mask is worn, or bar them from entry”.

Ald. Oldenettel asked if the police department is prepared to enforce this ordinance should it be ordered. CA Beard advised that there is a procedure in place should that happen. Ald. Warmowski advised that Springfield police officers are required to check on business during their shifts to ensure compliance with City and State mandates.

Chief Adam Mefford noted that he has provided CA Beard with a fully detailed operations plan for the City in the event that this ordinance would pass.

ROLL CALL: 7 Yeas; 3 Nays (Hopkins, Scott, Wankel)

Motion carried 7-3.

UTILITY: No discussion.

OLD BUSINESS:

Ald. Adams stated that homelessness is an issue in Jacksonville that was supposed to be addressed in the 10 year Plan enacted in January 2010, which required a feasibility study. Ald. Adams is requesting that the City do just that but does not think a motion is needed to resolve to conduct the feasibility study. He is volunteering for the TEOSA because it cannot operate without help or funding. The City needs a permanent plan for those living here without an address. He would expect this study to get started as soon as possible.

NEW BUSINESS:

Ald. Adams tried to reflect the actuality in the utility shut off numbers in the last Council Meeting. It does not matter if 70 total and 36 remained without water or 189 Ameren disconnections, both in September and October. The point is Ameren is not, and Jacksonville is, disconnecting utility service this winter. This City must do the right thing. If we can postpone liquor fees, we can emulate Ameren’s no shut off policy by adopting the Decatur Resolution that stops municipal water shut offs.

Ald. Adams asked if the CURES money has been expended. Emergency Services Director Phil McCarty explained that the City received approximately $800,000 in CURES Funding. The City has to date allocated $684,085 and is quickly approaching $1M in COVID expenses, which may exceed that amount by the end of January.

Ald. Adams talked about the digital equity grant, which is a 50/50 grant, noting that the City should consider placing 5 to 6 internet hotspots in low income areas, which would be an expense to the City of approximately $7,500. He also feels the City should look at providing service to any of those areas of low income through the City’s municipal contract with i3 Broadband.

ADJOURNMENT: With no further discussion motion was made by Lonergan, seconded by Hopkins, to adjourn the meeting at 7:43 p.m.

http://cms6.revize.com/revize/jacksonvilleil/city_government/city_council/Agendas_Minutes/2020%20Minutes/Council%20Minutes%2012.14.20.pdf

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