PROCEEDINGS OF THE COUNTY BOARD

KNOX COUNTY, ILLINOIS

April 28, 2004

STATE OF ILLINOIS )

) SS

COUNTY OF KNOX )

Proceedings of the regular meeting of the Knox County Board, held at the Knox County Courthouse, Galesburg, Illinois on Wednesday, April 28, 2004 at 6:00 p.m.

The meeting was called to order by Chairman Sally Keener and upon roll call the following members reported present:

District 1 Kimla Sheetz

District 2 Gayle Keiser

District 3 Dale Parsons

District 4 Sally Keener

District 5 Ricardo Sandoval

District 1 Allen Pickrel

District 2 Dana Shallenberger

District 3 Paul Hevland

District 4 Lowell Mannhardt

District 5 Gerald Link

District 1 Linda Roberts

District 2 William Abel

District 3 Janet Occhi

District 4 Wayne Saline

District 5 Stephen Johnson

and also present were James Thompson, Sheriff and Scott Erickson, County Clerk.

Sheriff Thompson delivered the proclamation, Chairman Keener led the members in the pledge to the flag and Rev. Roy Smith gave the invocation.

Chairman Keener asked if there were any additions to the agenda. The only change was Social Services Committee would be moved after Items for Chairman.

Chairman Keener asked for public comment. Danny England addressed the Board on his concerns on loss of personnel at the Nursing Home and his support of keeping the home operating. Randy Lynch, Staff Representative of Local #31 AFSCME introduced himself stressing he is looking forward to working with the Board and supports Danny England in his comments.

Chairman Keener presented the following consent agenda for approval: l) Minutes of the Board Meeting held March 24, 2004; 2) Claims against Knox County, Illinois, for the period of March 25, 2004 - April 28, 2004, ordering that invoices be accepted and approved and that the County Clerk and County Treasurer be authorized and directed to issue County Warrants in payment of the bills; 3) Claims by members for per diem and mileage for the meeting of April 28, 2004; 4) Financial reports of Scott G. Erickson, County Clerk; Robin E. Davis, Treasurer; Nancy J. McCune, Recorder, Kelly Cheesman, Circuit Clerk; and James K. Thompson, Sheriff for the month of April, 2004, filed with the Clerk; 5) Sales tax and various taxes for the month of January, 2004 in the amounts of $73,585.28 and $38,954.44 and public safety tax in the amount of $62,984.57; 6) Appointment of William Hoben as Trustee for Knoxville Fire Protection District; 7) Appointment of Ernest Johnson as Trustee for Maquon Community Fire protection District; 8) Appointment of Scott Lake as Trustee of Rio Fire Protection District. Allen Pickrel requested Item 2 be removed from consent agenda. Motion by Steve Johnson seconded by Lowell Mannhardt to approve consent agenda Items l, 3-8 and vote by roll call as follows: Ayes - Sheetz, Keiser, Parsons, Keener, Sandoval, Pickrel, Shallenberger, Hevland, Mannhardt, Link, Roberts, Abel, Occhi, Saline, Johnson - (l5); Noes - (0). Motion carried. Motion to approve Item 2 by Jan Occhi seconded by Wayne Saline. The bill in question pertained to County employee being paid for working on GIS in addition to her regular duties. Vote by roll call as follows: Ayes - Sheetz, Keiser, Parsons, Keener, Sandoval, Hevland, Mannhardt, Link, Roberts, Abel, Occhi - (11); Noes - Shallenberger, Saline, Johnson - (14); Abstain - Pickrel - (1). Motion carried to approve Item 2.

Dale Parsons made motion to approve resignation of Kimla Sheets who moved out of her district seconded by Jan Occhi. Motion carried.

Paul Mangieri, State’s Attorney, addressed the Board on cases involving litigation which are still open. 1) 1999 Delvin Payton vs Knox County which involves class action suit with nineteen other counties in Illinois which alleges bonding fee of $l2.74 charged when a prisoner is arrested and bonded out is in violation of his civil and constitutional rights. Kevin Halligan is representing the county and it is estimated the case should be dismissed within next sixty to ninety days. 2) Estate of Wardell Cato vs Sheriff. 200l case in which Mr. Cato died shortly after he was transferred out of facility for lack of medical care. He had a previous medical condition and nothing brought about his death in the jail. The case had been dismissed but now is on appeal. Synopsis of case is: if the case is dismissed on its merits on summary judgement, the County has no liability. The family has appealed and in the next 60-90 days should get result from appellate court and the dismissal will probably stand. 3) The case of ASAI vs. Knox County was settled by the county board in February or March. Judge Mathers did enter final dismissal and completely resolved. 4) Patricia Morton had liability issue relative to sidewalks adjacent to the Courthouse. Her wheelchair became caught in a crack and she fell. This case will be discussed in Insurance Committee next month. 5) Within last couple of weeks notice of another complaint - Allen Moore vs. Sheriff Department. Mr. Moore had sued a number of other individuals throughout the criminal justice system. He maintains dismissal of law suit which he felt was in violation of his civil rights when sheriff from Knox County jail transferred him to the Illinois Department of Corrections. He was on parole when charged with a crime in Knox County for which he received 30 years and he was not in Galesburg to talk to an attorney as he was in Joliet. Mr. Mangieri feels this case should be dismissed within the next six m

onths. 6) Case in 2003 estate of Nancy E. Goben against Knox County. This was motor vehicle accident August 3l, 2002 in Copley Township. The Govens were traveling East on CH-7 and it is not known if they stopped at the sign or stopped and proceeded but they struck a truck driven by Carl Erickson which was southbound on CH-12. They allege the stop sign was improperly placed so as not to give fair warning to driver of vehicle that there was intersection approaching and they needed to stop and yield right-of-way to cross traffic. Initially Mr. Mangieri filed for motion to dismiss original complaint and that was granted. They filed amended complaint. The State’s Attorney filed, on behalf of the County, a Third party complaint that even if the stop sign was incorrectly placed, it was the responsibility of the driver to stop at the sign. This was listed on agenda for action item and it is requested we retain law firm of O’Halleran, Kosoff, Geitner & Cook of Northbrook, Illinois. Motion to retain O’Halleran, Kostoff, Geitner & Cook of Northbrook, Illinois to serve as co-council in case of Goben vs. Knox County by Jan Occhi seconded by Gerald Link and vote by roll call as follows: Ayes - Keiser, Parsons, Keener, Sandoval, Pickrel, Shallenberger, Hevland, Mannhardt, Link, Roberts, Abel, Occhi, Saline, Johnson - (l4); Noes - (0). Motion carried.

William Abel, Social Services Committee reported revenue at $578,952.72 and expenses $554,029.86, referendum balance is $776,804.98, loans $2,247.00. Bond balance $l53,434.47. Medical Consultants agreement was renewed. Motion by William Abel seconded by Lowell Mannhardt to bid and bring back electric resident’s lift. Motion carried. Motion by William Abel seconded by Dale Parsons to bid and bring back new sewer lift station. Motion carried. William Abel reported the following personnel changes: 41 employees affected, 3 laid off, and 38 employees reduced hours, savings of $227,045.54; 7 employees retired, savings of $l03,687.00, total reduction savings of $330,825.54.

Wayne Saline, Finance/Insurance Committee, reported $66l,755 balance, $284,546 liquid, with revenues at 29.5% with expenses at 36.l%. The Finance Committee recommends bills no longer be signed with signature stamp - must be original signature by department head.

Wayne Saline, Finance Committee, presented the following resolution:

RESOLUTION AUTHORIZING TRANSFER OF FUNDS

FROM KNOX COUNTY’S LANDFILL FUND TO KNOX COUNTY ILLINOIS

MUNICIPAL RETIREMENT FUND

WHEREAS, the County of Knox operates that enterprise known as the Knox County Landfill; and

WHEREAS, the Knox County Landfill is generating sufficient revenues to meet and pay its payroll, bills, expenses, and other obligations as they become due; and further has in reserve a sum of money in excess of l.5 million dollars; and

WHEREAS, the County of Knox is now anticipating a delay in receipt of its anticipated tax revenues which are derived from real estate property taxes, and

WHEREAS, as a result of the delay in receipt of tax revenues derived from real estate property taxes, the Knox County Illinois Municipal Retirement Fund may have insufficient revenues to meet its current obligations; and

WHEREAS, it is anticipated that upon receipt of the collection and distribution of real estate property taxes, the Knox County Illinois Municipal Retirement Fund will have sufficient income to repay the monies borrowed from the Knox County Landfill Fund by the end of fiscal year 2003 to 2004, that being November 30, 2004.

NOW THEREFORE, it is hereby resolved by the Knox County Board that:

l. Monies, as necessary, are authorized to be transferred from time to time from the Knox County Landfill Fund to that of the Knox County Illinois Municipal Retirement Fund to meet current obligations of the Knox County Illinois Municipal Retirement Fund.

Motion to approve by Wayne Saline seconded by Rick Sandoval and vote by roll call as follows: Ayes - Parsons, Keener, Sandoval, Pickrel, Shallenberger, Hevland, Mannhardt, Link, Roberts, Abel, Occhi, Saline, Johnson - (l3); Noes - (0). Motion carried.

Motion by Wayne Saline seconded by Jan Occhi to approve bid for COBRA at a rate of $245 per month administration fees with initial set up fee of $535. The total cost for the first year $3,475 and $2,940 thereafter. Roll call vote as follows: Ayes - Keiser, Parsons, Keener, Sandoval, Pickrel, Shallenberger, Hevland, Mannhardt, Link, Roberts, Abel, Occhi, Saline, Johnson - (l4); Noes - (0). Motion carried.

Allen Pickrel, Public Safety Committee, reported there are 6 rabies clinics set up in Knox County. There are 96 inmates in the Knox County Law Enforcement Center with 24 federal prisoners. The Department of Corrections made a surprise inspection and found everything in compliance. The Mary Davis Home has fund balance of $600,000., however the State owes $270,000 for January and February. At present the Home has 28 out-of-county juveniles with ll from Knox County. Interviews were conducted on March 30, 2004 to hire replacement for Randal Storm and the new superintendent is Rod Cleair. On April 29^th a new assistant will be interviewed.

Gerald Link, Highway, Landfill and Zoning Committee, reported Knox Township bridge is open. Highway crews are busy working on old Hwy 34 (CH-40), which is being widened. Also work on shoulders and culvert work on Lake Storey Road which should be completed in June. Gerald Link presented the following agreement:

RESOLUTION FOR IMPROVEMENT BY COUNTY UNDER THE ILLINOIS HIGHWAY CODE

RESOLUTION DEFINING RESPONSIBLE BIDDER

WHEREAS, in many instances and circumstances the County of Knox is required to let construction contracts (which includes but is not limited to the construction of new facilities, renovation of current facilities or road construction projects) over $5,000.00, to the lowest responsive “responsible bidder”; and

WHEREAS, the County of Knox has not hereforeto defined the term “responsible bidder” and is now so desirous of doing so.

NOW, THEREFORE, BE IT RESOLVED AND DETERMINED, by the County of Knox, that the term “responsible bidder” for construction contracts means a bidder who:

1) meets all of the job specification;

2) complies with all applicable laws pre-requisite to doing business in the State of Illinois;

3) has active participation in apprenticeship and training with craft specific programs approved and registered with the United States Department of Labor’s Bureau of Apprenticeship and Training.

4) provides or submits evidence of compliance with:

a) federal employer tax identification number or social security number (for individuals)

b) certificates of insurance indicating the following coverages: general liability, workers’ compensation, completed operations, automobile, hazardous occupation, product liability, and professional liability;

c) the provisions of Section 2000 (e) of Chapter 21, Title 42 of the United States Code and Federal Executive Order No. 11246, as amended by Executive Order No. 11375 (known as the Equal Opportunity Employer provisions).

d) the provisions of the Illinois Prevailing Wage Act, including wages, medical and hospitalization insurance and retirement for those trades covered in the Act.

BE IT FURTHER RESOLVED, that nothing herein adopted shall be construed to affect any suit or proceeding now pending in any court or any rights accrued or liability incurred or causes of action accrued or existing under any prior resolution, nor shall any right or remedy of any character be lost, impaired or affected by this resolution.

BE IT FURTHER RESOLVED, that this Resolution shall be in full force and effect immediately upon its adoption and the Clerk of Knox County is hereby authorized and directed to prepare and deliver a certified copy of this Resolution to all Knox County elected officials, Knox County department heads and the Knox County Administrator.

Motion by Janet Occhi seconded by Steve Johnson to adopt resolution. Motion carried.

Janet Occhi reported surplus property at the public safety building received bids for computer, keyboard and monitor at $2.00 and 12 metal bunk racks, double decked at $10.00, total bid $12.00 and 3 Hobart double door refrigerator units at $200.00, Hobart commercial dishwasher w/work areas attached at $25.00, Hotpoint freezer chest at $25.00, total bid $250.00. Motion to accept bids by Janet Occhi seconded by Steve Johnson. Motion carried.

Alan Hallberg, County Administrator reported May 13^th and 14^th the defensive driving course will be held with Highway, Sheriff and Nursing Home van driver participating. The Zoning position received 40 applications, 5 were interviewed and an individual was hired to start May 10^th. Administrator Hallberg presented the Intergovernmental Agreement Between the Knox County Board, Knox County Illinois and the Knox County Board Health which extends the present agreement to end of November and will be on the County budget cycle. The agreement will end November 30, 2006 at a rate of compensation of $20.50 per hour and mileage of $.36 per mile. Any cost increase will not exceed 3% per year. Motion by Dale Parsons seconded by Jan Occhi to approve Intergovernmental Agreement and vote by roll call as follows: Ayes - Keiser, Parsons, Keener, Sandoval, Pickrel, Shallenberger, Hevland, Mannhardt, Link, Roberts, Abel, Occhi, Saline, Johnson - (l4); Noes - (0). Motion carried. The Annex fire and burgler alarm program has been installed by Simplex with monitoring agreement of $560.00 year. Motion by Wayne Saline seconded by Jan Occhi to approve and vote by roll call as follows: Ayes - Keiser, Parsons, Keener, Sandoval, Pickrel, Shallenberger, Hevland, Mannhardt, Link, Roberts, Abel, Occhi, Saline, Johnson - (14); Noes - (0). Motion carried. Administrator Hallberg presented Case No. SP-01-04, a request by Gary D. Nelson for a change of Zoning Classification from the F, Farming zoning district to the M2, Heavy Industrial zoning district on property described in his request. This request for a Special/Conditional Use Permit to operate a “junkyard and auto wrecking yard” is hereby granted, provided however, that all such uses, if permitted, shall be enclosed by a solid wall or fence at least (6) feet high and that material not be piled any higher than said wall or fence. The Knox County Health Department has the following requests: l) the owners have measures in place to prevent contamination of the creek; 2) erosion control measures must be implemented by the property owner and 3) owner must take needed measures to ensure the accumulation of used tires or other items which hold water will not create mosquito-breeding sites. Motion to approve by Jan Occhi seconded by Gerald Link. Motion carried.

William Abel requested the Ethics Ordinance, which was passed tonight, be posted in all departments.

Chairman Keener asked any one interested in being County Board representative on Board of Health, please contact her. The appointment will be in June.

Motion to adjourn by Dana Shallenberger seconded by Rick Sandoval. Motion carried.