PROCEEDINGS OF THE COUNTY BOARD

KNOX COUNTY, ILLINOIS

August 25, 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, August 25, 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         Russell Idle

                                                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. Leigh Nygard gave the invocation.

            Chairman Keener asked if there were any changes to the agenda.  There were none.

            Chairman Keener opened the floor for  public comments.  Michelle Hevland expressed her concerns of public safety of Knox County for emergency alert system.  The messages are incomplete either by not being operating properly or operators not trained to operate system correctly.  Chairman Keener suggested she contact John Cratty; Kit Wilcox, representing GREDA, addressed the issue on  tax abatement issue with Maytag.  He would suggest Maytag be billed for the amount or contact them explaining the situation.  In the event they would not pay, then pursue the law suit.  Tax abatement is one of the major incentives to attract new business to the area.  Judy Johnson addressed the board to continue with law suit as Maytag should be held responsible for repayment of  taxes.  Dave Clark spoke in support of the law suit and is in favor of the resolution.  Larry VanVelsor spoke in support of Mr. Mangieri’s law suit.  Danny England addressed the board in favor of resolution.  Jeff Klinck addressed the board saying if we go forward with law suit it is going to contest the legitimacy of enterprise zone.  We need the ability to continue to attract business to the community for more money for the school district and more jobs.  Kevin Hall questioned if there was a violation on Maytag’s part as far as getting the tax abatement.  Were they improperly abated?  Rita Hall is in support of resolution. 

            Chairman Keener presented the following consent agenda for approval: l) Minutes of the Board meeting held July 28, 2004; 2) Claims against Knox County, Illinois for the period of July 29, 2004 - August 25, 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 August 25, 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 August, 2004, filed with the Clerk; 5) Sales tax and various taxes for the month of May, 2004 in the amounts of $87,609.90 and $23,455.82 and public safety tax in the amount of $73,843.53.  Allen Pickrel requested Item 2 be voted on separately.  Motion to approve agenda items l, 3, 4, 5 by Jan Occhi seconded by William Abel and vote by roll call as follows:  Ayes - Idle, Keiser, Parsons, Keener, Sandoval, Pickrel, Shallenberger, Hevland, Mannhardt, Link, Roberts, Abel, Occhi, Saline, Johnson - (l5); Noes - (0).  Motion carried.  Motion by Jan Occhi seconded by Dana Shallenberger to approve Item 2 and vote by roll call as follows: Ayes - Idle, Keiser, Parsons, Keener, Sandoval, Shallenberger, Hevland, Mannhardt, Link, Roberts, Abel, Occhi, Saline, Johnson - (14); Noes - (0); Abstain - Pickrel - (1).  Motion carried.

            Chairman  Keener asked Greg Chance, Health Department Administrator to present the Intergovernmental Mutual Aid Agreement for the establishment of the Illinois Public Health Mutual Aid System (IPHMAS).  Basically this agreement creates a mutual aid system for certified local Health Departments throughout the state.  This agreement is similar to what rural fire departments and municipal fire departments do, mutual box alarm system as well as local law enforcement.  This is one more piece of the puzzle in the state of Illinois in terms of our bio-preparedness efforts throughout the state.  The Board of Health adopted this and recommends adoption through the County Board.  Motion to approve by Jan Occhi seconded by Linda Roberts.  Motion carried.

            Chairman Keener turned  discussion on Resolution of Participation in Law Suit Against Maytag to Paul Mangieri, State’s Attorney.  Mr. Mangieri prepared a l02 page complaint which was distributed to all board members in regard to recovery of abated taxes from Maytag Corporation.  There is no agreement that Maytag Corporation received overabatement of taxes.  The issue is whether or not it is overabatement of taxes relative to one taxing body, which is District #205.  If that is true they owe District 205 approximately $94,000.00.  If it is not for each taxing body but in the aggregate, it is the sum of $l,l23,649.33 that is proportionately owed.  This issue is unique to Maytag Corporation and does not apply to any other corporation but is specific abatement  for specific parcel of property from 1990 through 1998.    Motion by Jan Occhi seconded by Lowell Mannhardt to go into executive session for purpose of discussion of probable litigation.  After discussion Lowell Mannhardt withdrew second and Jan Occhi withdrew motion.  Motion by Gerald Link seconded by Jan Occhi this board believes a law suit is probable or eminent.  Motion carried.  Motion to go into executive session as law suit is eminent by Jan Occhi seconded by Lowell Mannhardt and vote by roll call as follows: Ayes - Idle, Keiser, Parsons, Keener, Sandoval, Pickrel, Shallenberger, Hevland, Mannhardt, Link, Roberts, Abel, Occhi, Johnson - (14); Noes - Saline - (l).  Motion carried.

7:l0 p.m. return to open session

            Motion by Steve Johnson Knox County Board hereby authorize the State’s Attorney to explore the  possible settlement with Maytag subject to board approval prior to further consideration of legal action being filed seconded by William Abel and vote by roll call as follows: Ayes - Idle, Keiser, Parsons, Keener, Sandoval, Pickrel, Shallenberger, Hevland, Mannhardt, Link, Roberts, Abel, Occhi, Saline, Johnson  - (15); Noes - (0).  Motion carried.

            Wayne Saline presented the following resolution:

RESOLUTION DIRECTING AND REQUIRING PRODUCTION OF DOCUMENTATION

            WHEREAS, it is the duty of the Knox County Board to exercise its oversight responsibilities and ensure that the tax dollars of the citizens of Knox County are properly spent; and

            WHEREAS, from time to time various employees of the County of Knox will accumulate benefits that result in the payment of monetary compensation in lieu of taking time off with pay; and

            WHEREAS, in order for the payment of such monetary compensation to be properly made it is necessary that such accumulated benefits be properly documented;

            NOW, THEREFORE, BE IT RESOLVED AND DETERMINED, by the County of Knox, that all requests for the payment of accumulated benefits in lieu of taking time off with pay shall be accompanied by full, complete and accurate documentation concerning the type and amount of accumulated benefits that result in the request for payment of monetary compensation in lieu of taking time off with pay.

            BE IT FURTHER RESOLVED, that nothing adopted shall be construed to abrogate or be contrary to any presently existing collective bargaining agreement or written contract of employment and the provisions of this resolution shall be read in harmony with such.

            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 to approve resolution by Wayne Saline seconded by Dana Shallenberger.  Motion carried with  one dissenting vote.  Wayne Saline reported the budget should be at 67% and is at 59% revenue and 7l% expenditures.  The general fund balance is $364,054.  Motion to go into executive session to discuss personnel by Wayne Saline seconded by Steve Johnson and vote by roll call as follows: Ayes - Idle, Keiser, Parsons, Keener, Sandoval, Pickrel, Shallenberger, Hevland, Mannhardt, Link, Roberts, Abel, Occhi, Saline, Johnson - (l5); Noes - (0).  Motion carried.

8:l0 - return to open session

Motion by Steve Johnson a 30-day notification of discharge be submitted to Ben Perkins of the Knox County Nursing Home seconded by Allen Pickrel and vote by roll call as follows: Ayes - Idle, Sandoval, Pickrel, Shallenberger, Link, Occhi, Saline, Johnson - (8); Noes - Keiser, Parsons, Keener, Hevland, Mannhardt, Roberts, Abel - (7).  Motion carried.

            Allen Pickrel, Public Safety Committee, reported animal control will have a new pay scale next month on animal vaccinations.   Mary Davis Home has an average juveniles housing of 27 out-of-county, 8 in Knox County.  The Knox County Law Enforcement Center average is 113.5 inmates, 23 federal prisoners.

            Gerald Link, Highway, Landfill, Zoning Committee, reported there are several zoning violations in the county - these will be discussed by County Administrator. $568 in fees have been collected.  CH-29 seal coat is done, roof replacement done.  Three bids were received on purchase of self-propelled, rubber tired roller with low bid from Roland Machinery in the amount of $4l,l58.00.  Motion to approve purchase by Gerald Link seconded by Rick Sandoval and vote by roll call as follows: Ayes - Idle, Keener, Sandoval, Pickrel, Shallenberger, Hevland, Mannhardt, Link, Roberts, Abel, Occhi, Saline, Johnson - (l3); Noes - Parsons - (l).  Motion carried.

            Gerald Link reported four bids were received on purchase of self-propelled, single drum, vibratory compactor with the low bid from McCann Industries in the amount of $73,500.00.  Motion to approve by Gerald Link seconded by Rick Sandoval and vote by roll call as follows: Ayes - Idle, Keener, Sandoval, Pickrel., Shallenberger, Hevland, Mannhardt, Link, Roberts, Abel, Occhi, Saline, Johnson - (13); Noes - Parsons - (l).  Motion carried. 

            Gerald Link reported three bids were received on tow behind pavement sweeper with low bid from Cat Rentals in the amount of $l0,490.00.  Motion by Gerald Link seconded by Dana Shallenberger to approve and vote by roll call as follows: Ayes - Idle, Keener, Sandoval, Pickrel, Shallenberger, Hevland, Mannhardt, Link, Roberts, Abel, Occhi, Saline, Johnson - (l3); Noes - Parsons - (l).  Motion carried. 

            Gerald Link made motion to approve lease/purchase of used Dura Patcher Spray Injection machine at a cost of $4,l25 and vote by roll call as follows: Ayes - Idle, Keiser, Parsons, Keener, Sandoval, Pickrel, Shallenberger, Hevland, Mannhardt, Link, Roberts, Abel, Occhi, Saline, Johnson - (l5); Noes - (0).  Motion carried.  The city has expressed interest in renting this unit from us which will be additional source of revenue.

            Gerald Link reported five bids were received on bridge replacement project, Lynn Township, Section 04-llll6-0l-BR with low bid from AEH Construction in the amount of $l07,429.00.  (This is paid 80% from State funds and 20% County).  Motion by Gerald Link to approve seconded by Rick Sandoval and vote by roll call as follows: Ayes - Idle, Keiser, Parsons, Keener, Sandoval, Pickrel, Shallenberger, Hevland, Mannhardt, Link, Roberts, Abel, Occhi, Saline, Johnson - (l5); Noes - (0).  Motion carried. 

            Gerald Link reported Landfill gate receipts at $320,692.00.  Only one bid was received for sand from Sand Hill  at a cost of $6.49/ton.  Motion by Gerald Link to approve seconded by Linda Roberts and vote by roll call as follows: Ayes - Idle, Keiser, Parsons, Keener, Sandoval, Pickrel, Shallenberger, Hevland, Mannhardt, Link, Roberts, Abel, Occhi, Saline, Johnson - (15); Noes - (0).  Motion carried.   Gerald Link presented the following:

INTERGOVERNMENTAL COOPERATION AGREEMENT

            Agreement dated this 25^th day of August, 2004, by and between Knox County, a county organized pursuant to the Illinois Counties Code (55 ILCS 5/l-1001 et. seq) (“County”), and the Galesburg Sanitary District, a municipal corporation organized pursuant to the Sanitary District Act of 1917 (70 ILCS 2405/1 et. seq) (“District”), witnesseth,

            Whereas the County is the owner and operator of the Knox County Landfill which generates Leachate which up to the present time has been transported and disposed to the wastewater treatment plant owned and operated by the District, and,

            Whereas, the District in the operation of its wastewater treatment plant has up to the present time charged the County a charge of $.01 per gallon for leachate treated at the plant and there is an outstanding charge in excess of $15,000 due and owing from the County to the District for leachate delivered since January 1, 2004, and,

            Whereas the District in the course of its normal operations generates biosolids and collection system-grit and debris which it hauls and disposes in the Knox County Landfill for a charge of $18 per ton, and,

            Whereas both the County and the District wish to enter into an agreement with the other to accept and process a large portion of the leachate and biosolids and collection system-grit and debris received from the other without charge and as an exchange of governmental services in an attempt to save money for the taxpayers and users of both entities;

            Now therefore, in consideration of the covenants and promises hereafter set forth it is agreed as follows:

            l.  The District agrees to accept leachate from the County without charge for an amount not to exceed 2,000,000 gallons per calender year.  The parties agree that this agreement shall be retroactive to January 1, 2004, to cover leachate already hauled by the County to the District.

            2.  The County agrees to accept biosolids and collection system-grit and debris from the District without charge for an amount not to exceed 1,100 tons per calender year.  The parties specifically agree that this contract does not pertain to charges for other refuse which Waste Management hauls from the District to the Landfill.

            3.  Both parties agree that this agreement does not alter or modify the conditions or requirements of any local permit, state regulation or statute, or any federal regulation or statute which may pertain to the waste disposal involved in this intergovernmental agreement.  Both parties further agree that they will both be obligated to provide to the other whatever sample analysis or analytical reports which the other may require to determine the effect which the received material may have on the recipient’s process.

            4.  Both parties anticipate that neither will usually reach the maximum level of authorized material specified in Paragraphs 1 and 2 above.  However, on some calender years either party may exceed the designated maximum.  Because of this, both parties agree that unused quantities may accumulate and be carried over for a period not to exceed 4 years for credit in a subsequent year.

            5.  Either party may terminate this agreement by giving the other written notice of said termination not less than 1 year prior to the termination date.

Motion to approve agreement by Gerald Link seconded by Steve Johnson.  Motion carried.  Gerald Link reported the committee approved the Landfill budget.

            Jan Occhi, Planning Committee, reported the plan for board reorganization was in the packet.  Please look over, ask questions and give comments to the Planning Committee members.  This will be voted on in the first organizational meeting in December, 2004.  Jan Occhi presented the following:

BIDDING PROCEDURES

FOR

KNOX COUNTY

All projects, equipment purchases or services requested for Knox County, exceeding $5,000 or an amount determined by the Knox County Board, will adhere to the following bidding procedures:

            l) The bid specs will be prepared by the facility administrator, elected official or the appropriate person assigned the responsibility.  The specs and publication dates shall be sent to the County Administrator for review and publication.

            2) A notice to bid will be published in the media (newspaper, trade papers or the inter-net) with the date, time and place of the bid opening being stated.

            3) All sealed bid proposals will be sent to the bidding facility to be kept until the bid opening.

            4) All bid openings will be attended by the County Administrator, facility administrator or elected official and a board member.  The opening is open to both the public and the press.

            5) After opening, the bids will be reviewed by the County Administrator, the facility administrator or elected official and the architect or other qualified personnel assigned to the project and forwarded to a committee and Board with a recommendation for approval.

            6) After opening, the County Administrator will keep a copy of all certificates of publications, bid specs and proposed bids for a period of 3 years for unsuccessful bids and 10 years for accepted bids.  This information will also be on file at the County Clerk’s office and the appropriate facility.