PROCEEDINGS OF THE COUNTY BOARD

KNOX COUNTY , ILLINOIS

  November 9, 2005

  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, November 9, 2005 at 6:37 p.m.

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

                                                District 1          Caroline Porter

                                                District 2          Paul Stewart

District 3          Janet Occhi

District 4          George Knapp

District 5          Gerald Link

District 1          Allen Pickrel

District 2          Greg Bacon

District 3          Paul Hevland

District 4          Wayne Saline

District 5          Ricardo Sandoval

District 1          Linda Roberts

District 3          Dale Parsons

District 4          Lowell Mannhardt

                                                District 5          Stephen Johnson

And those absent:                     District 2          Dana Shallenberger

Also present was Scott Erickson, County Clerk .

            Chairman Occhi led the Members in the pledge to the flag. Since no one was present to give the invocation, she asked for a moment of silence of memory of Kyle Wehrly.

            Chairman Occhi asked for additions to the agenda. There were none.

            Chairman Occhi asked for public comments. Kelly Brooks who is a legal secretary in the Public Defender’s Office shared her concerns about the proposed case division in these offices, as this would result in an unequal distribution of the case load. In her opinion the only decision that makes logical sense would be a 1/3 division among the three attorneys. She asked Board Members to reconsider this case assignment.

            Monica Sadler who owns a home in Oak Run addressed the Board regarding the recent appellate court decision. She also has had some issues, like threats made against her, which have not been addressed by the Sheriff or State’s Attorney.  She would like time on the December agenda.

            Chairman Occhi presented for approval the following items of the consent agenda: 1) minutes of the board meeting and closed meeting held October 26, 2005 and 2) claims by Members for per diem and mileage for the meeting of November 9, 2005 . Motion was made by Member Parsons and seconded by Member Roberts to approve these items with roll call vote as follows: Ayes—Porter, Stewart, Occhi, Knapp, Link, Pickrel, Bacon, Hevland, Saline, Sandoval, Roberts, Parsons, Mannhardt, and Johnson—(14). Noes—(0). Motion carried

            Chairman Occhi presented for approval claims against Knox County , Illinois , for the period of October 27, 2005 - November 9, 2005 (ordering the 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.) Motion was made by Member Johnson and seconded by Member Knapp to approve this measure. Member Johnson asked about the bill from the recorder’s office for $22,000 that was to be held. He didn’t see it included in the Member packets. County Clerk Scott Erickson stated that he had spoken with County Recorder Nancy McCune and she had talked with the State’s Attorney’s Office. This item was from their computer account which allows them to make computer purchases. Member Johnson stated that wasn’t the real question as much as this should have been a bid item, as this was over a $5,000 purchase. He asked that a memo be sent to all elected officials and department heads that any purchases over $5,000 conform to the County policy of bid procedures. Clerk Erickson stated that he would prepare and distribute a memo. Roll call vote is recorded as follows: Ayes—Porter, Stewart, Occhi, Knapp, Link, Hevland, Saline, Sandoval, Roberts, Parsons, Mannhardt, and Johnson—(12). Noes—(0). Pass—Pickrel and Bacon—(2). Motion carried.

            Motion was made by Member Parsons and seconded by Member Link to suspend the rules and approve moving the 2nd County Board Meeting in November to November 28, 2005 with roll call vote as follows: Ayes—Porter, Stewart, Occhi, Knapp, Link, Pickrel, Bacon, Hevland, Saline, Sandoval, Roberts, Parsons, Mannhardt, and Johnson—(14). Noes—(0). Motion carried.

            Motion was made by Member Johnson and seconded by Member Hevland to pay a final settlement in Nick Carlson’s Workman's Compensation case in the amount of $20,501.20. Roll call vote is recorded as follows: Ayes—Porter, Stewart, Occhi, Knapp, Link, Pickrel, Bacon, Hevland, Saline, Sandoval, Roberts, Parsons, Mannhardt, and Johnson—(14). Noes—(0). Motion carried.

            Motion was made by Member Stewart and seconded by Member Porter for inclusion of the County Administrator salary in the budget. Roll call vote is recorded as follows: Ayes—Porter, Stewart, Occhi, Knapp, Link, Pickrel, Bacon, Hevland, Sandoval, Roberts, Parsons, and Johnson—(12). Noes—Saline and Mannhardt—(2). Motion carried.

Chairman Occhi introduced discussion regarding the meeting structure of the Knox County Board. To initiate discussion Member Porter distributed a handout to other Members to illustrate possible committee assignments and spoke in favor of returning to the committee system. There followed a lengthy discussion among the Board Members. Some shared that the committee system works better while others felt that that the committee of the whole system is better. Some shared the opinion that the committee of the whole system is more effective with a County Administrator .

Member Pickrel spoke against the committee of the whole saying that he felt uninformed. Member Johnson spoke in favor of the committee as whole system and stated that Knox County should be run like a large company with a 15 member board of directors and the County Administrator as the CEO. One advantage of this system is a cost savings for per diems for Board Members. Member Mannhardt spoke in favor of the committee system as he felt that he was better informed under that system. He tried to attend as many committee meetings as possible. Member Porter stated that one reason why the negotiations worked so well this year was due to a committee which remained consistent throughout all the negotiations. Member Link stated that he could see this issue both ways but did suggest that if the committee system was implemented that there be four committees and not five. Whatever is decided we all need to work together. Member Parsons stated that a year ago he voted for meeting under the committee as a whole system. During this last year he has learned more than he had in the previous nine years on the Board.

            Chairman Occhi asked for input from department heads. Rod Cleair spoke in favor of the committee system, saying it was easier to share ideas in a smaller group. Larry Larson agreed with the committee system saying you are dealing with fewer people. They can be more knowledgeable about what is going on. Duane Ratermann stated it could see this both ways. However, if the committee as whole system continues, we do need a County Administrator . Marianne Wiesen stated that she had no basis for comparison. This is the only system that she knows and for her this system works well.

            Member Stewart asked for an annual cost analysis and comparison for these two systems. Chairman Occhi stated that it could be done and asked the Board Members to continue to think on this. This will come up soon for a vote.

            Motion was made by Member Pickrel and seconded by Member Bacon to approve taking legal action against contract attorneys. Roll call vote is recorded as follows: Ayes—Occhi, Link, Pickrel, Bacon, Hevland, Saline, and Parsons—(7). Noes—Porter, Stewart, Knapp, Roberts, Mannhardt and Johnson—(6). Pass—Sandoval—(1). Motion carried.

            Motion was made by Member Pickrel and seconded by Member Bacon to approve offering the County Contract to the Landfill Administrator. Roll call vote is recorded as follows: Ayes—Porter, Stewart, Occhi, Knapp, Link, Pickrel, Bacon, Hevland, Saline, Sandoval, Roberts, Parsons, Mannhardt, and Johnson—(14). Noes—(0). Motion carried.

            Chairman Occhi introduced for discussion the contracts for alternate public defender attorneys 1 & 2. Member Johnson stated that he had several problems with the contracts that were presented in the Member packets. Basically there are several provisions that are unfair to the attorneys, and these need to be changed. There is a problem with the description of duties as this contract forbids private practice. According to the wording of the contract Mr. Campbell is actually being terminated as an assistant public defender and then hired as an Alternate County Attorney. Thus, he will be losing all of his benefits. Further, there is no mention that when he becomes a County employee he has to operate by the County Handbook . There is another problem with O’Brien’s contract in the area of COBRA insurance. As County employees these men are entitled to purchase County insurance, not COBRA. Another problem is the sick leave carry-over.

            After being recognized, Geoffrey Campbell did address the Board. Although he has been with the County almost five years, under this contract he loses vacation time, as well as sick leave. This should be worded as a lateral transfer from one County department to another. The County Handbook should be referenced as part of these contracts. He also addressed other errors and omissions that need to be corrected.            Member Saline stated that since this is for first reading, we need to have people look at this and rework these contracts. Mr. Campbell said that other counties that utilize a program like this assign cases either by category or by number so that the judge knows which attorney will be handling which case. Therefore, the duties need to be defined in the contracts.

            Member Porter voiced her opinion that employees, such as Kelly Brooks from these departments, should not speak directly to the County Board . They have no authority to do so. Ms. Brooks has no authority to tell us how these cases should be divided.

Chairman Occhi said that for the next meeting there would be something back regarding these contracts.

            Dean Stone reported that it is premature to proceed with the contracts for the County defense coverage attorneys.

            Regarding the contract for County defense secretarial coverage, Member Johnson said that he thought that such a contract is not necessary because these are temporary employees. Mr. Harrell encouraged Board Members to discuss problems with him before the meeting. He thought that for the next year they could continue as they are with three different secretaries; however, we may want to look at this again next year.

            Motion was made by Member Parsons and seconded by Member Roberts to approve the resolution authorizing the transferring of appropriations within various funds under the direction of the County Board . Treasurer Robin Davis stated that this is a normal housekeeping measure. State statutes mandate that we have such a resolution on file. Roll call vote is recorded as follows: Ayes—Porter, Stewart, Occhi, Knapp, Link, Pickrel, Bacon, Hevland, Saline, Sandoval, Roberts, Parsons, Mannhardt, and Johnson—(14). Noes—(0). Motion carried.

            Motion was made by Member Porter and seconded by Member Parsons to approve the resolution authorizing the County Clerk and County Treasurer to issue warrants for certain claims during the period the County Board is not in session. County Clerk Scott Erickson stated that this is another housekeeping measure. Now that the Board meets as a committee of the whole, usually bills are able to be approved but there are times when this resolution for pay in vacation is needed. This is really a safety measure. Treasurer Davis stated that this is needed in order to pay some insurance and TTD bills that do not fall within the regular pay windows.  Member Porter reminded Board Members that this is done every year. Roll call vote is recorded as follows: Ayes—Porter, Stewart, Occhi, Knapp, Link, Pickrel, Bacon, Hevland, Saline, Sandoval, Roberts, Parsons, Mannhardt, and Johnson—(14). Noes—(0). Motion carried.

            Motion was made by Member Saline and seconded by Member Parsons to approve the resolution on use of State’s Attorneys Appellate Prosecutor. Roll call vote is recorded as follows: Ayes—Porter, Stewart, Occhi, Knapp, Link, Pickrel, Bacon, Hevland, Saline, Sandoval, Parsons, and Mannhardt—(12). Noes—Johnson—(1). Pass—Roberts—(1). Motion carried.

            Chairman Occhi reminded Board Members of the animal control report in the packets. Member Parsons stated that none of the local veterinarians want to work for the County. There followed some discussion that actually a veterinarian’s services are not required as an administrator. However, a veterinarian must be available to handle emergencies. We still don’t know if these vets are interested in being on call. Chairman Occhi stated that we can ask Mr. Kennedy to find out if local vets are interested in working on call. Sheriff Thompson stated that Mr. Kennedy was called out and could not be present. He also pointed out another option is that in some counties the Health Department acts as the animal control administrator. Currently the Sheriff’s Department is working in a supervisory role over the employees in the animal control department. Chairman Occhi said that at the next meeting they would have more information about this.

            Chairman Occhi reminded Board Members of the information in the Member packets regarding the consideration of new registration fees.

            Chairman Occhi presented for first reading the proposal for animal control services with Maquon. She asked that questions be directed to John Kennedy.

            Rod Cleair presented the Mary Davis Home business report. He stated that currently they are at capacity with 11 clients from Knox County . They did have two parking lots as well as indoor recreation areas seal coated and striped. Since it was under $5,000, he did not bid that out. However, he did call businesses in the area and Johnson’s was the only company that responded.

            He had received a budgetary estimate for the underground fuel tanks, and this is enclosed in the packets. Also he feels it wise to extend the bond to replace the existing security system. This system is 14 years old and very inadequate. The cost will probably be about $250,000. He is having problems even getting estimates as most businesses do not want to install security systems in an existing building. We wouldn’t have to start paying on this until the current bond is paid off. The building is 15 years old and in constant use. This bond would be used for capital improvements and could include fuel pumps. The security system is his biggest worry, as you can no longer get the parts for it. Currently the Mary Davis Home has 8 cameras and ideally there should be 32.

            Chairman Occhi introduced for first reading the resolution to transfer funds from the landfill to the Mary Davis Home. Rod Cleair stated that although the State had promised several times that he would be paid on time, it has not been happening. He has been talking to Mr. Larson about doing the same thing that we did last year in transferring funds. Fortunately, although we came close last year, we did not have to use those funds. Currently the State is behind about $200,000. Member Saline asked that reference be made to last year’s resolution. Chairman Occhi stated that at the next meeting this resolution will be brought back with a specific dollar amount.

            Joyce Skinner presented the assessor/zoning report. She referred to the last meeting and the discussion about Briggs Manufacturing in Abingdon. She had contacted their attorneys to see if they would be interested in taking their money in four installments and foregoing the 5% per year interest. They are willing to work with us in both of these areas as long as they get their money on time. The installment dates would be July 1, 2006 ; October 1, 2006 ; July 1, 2007 ; and October 1, 2007 .

            She did send out the letters to the taxing bodies to ask for financial assistance on the tax appraisals. So far only the Galesburg School District , Cedar Township and Cedar Road District have responded. She expects to hear from others and receive assistance.

            When we do have our Board of Review hearings, the appraiser’s fee is $500 for a half day and $1,000 for a full day. She had received word from the daughter of the master appraiser that has done the appraisals for the Board of Review has died. This has left us in a real bind. She didn’t know of anyone on the Board of Review or even herself that could step in and assume these responsibilities. She has called the State to ask if we could hire another attorney, and they refused. She and the three Board of Review Members will do their best to proceed with this. We will stand on his appraisals.

            She did present a sales ratio but don’t have the final abstract yet. The City of Galesburg is looking at .98. Persifer Township is projected to be .014 and the rest of the County at zero. The actual multiplier before exemptions is estimated to be on $623,856,967.00. This is an overall drop of .99 before new construction is factored in. She expects to begin printing notices on Friday and publish next Wednesday. The Board of Review abstract will be sent to the State by the next meeting.

            Member Stewart asked that the addresses be included in the pictures from the Zoning Department. County Administrator Alan Hallberg stated that he would pass along that request.

            Larry Larson presented the landfill business report. He reported that since the weather has been so good, they have been working on the levies for the new cell construction. The EPA did send out their inspector to examine the new cell that was constructed this year. It looks like it will be after December 18 before they get the approval to put trash in that cell.

            He has been working on the pre-feasibility presentation for the November 28th meeting. They have located an individual who is interested in constructing a bio-diesel plant. Written documentation will be available at that meeting.

Motion was made by Member Johnson and seconded by Member Stewart to approve the bid for sand at $3.30/ton from Weast. Mr. Larson stated that this was the only bid that was submitted and this company is located near Maquon. Roll call vote is recorded as follows: Ayes—Porter, Stewart, Occhi, Knapp, Link, Pickrel, Bacon, Hevland, Saline, Sandoval, Roberts, Parsons, Mannhardt, and Johnson—(14). Noes—(0). Motion carried.

Motion was made by Member Parsons and seconded by Member Stewart to approve the bid for hauling sand from Burgess Brothers and Collopy Trucking (based on fuel price) at $4.60/ton. Mr. Larson stated that these two individuals submitted the low bid. These are two small independent companies that have apparently bid this together. Each would haul what they can. Their bid contains an escalator clause to reflect the rising fuel costs. He had phoned them and asked about the possibility of declining fuel costs being reflected in their bid. These individuals have agreed. Basically the bid is the same except for the clause that if the fuel price declines to $2.70 then the price for hauling would decline to $4.25/ton. If they begin hauling right away, it might help. Roll call vote is recorded as follows: Ayes—Porter, Stewart, Occhi, Knapp, Link, Pickrel, Bacon, Hevland, Saline, Sandoval, Roberts, Parsons, Mannhardt, and Johnson—(14). Noes—(0). Motion carried.

Duane Ratermann presented the highway business report. He reminded Members of the report included in the packet. Additionally they have completed the culvert project in Henderson Township and have moved to another culvert job on Farnham St. in Galesburg Township which should be completed by the end of the week.

They have ordered 250 tons of salt for ice and snow removal. This amount will fill them to capacity. In old business he continues to list that Laborers’ Local 538 would like to start wage negotiations for 2006. Their attorney is saying that Bruce Beal, the County Labor attorney, isn’t available until January.

Motion was made by Member Knapp and seconded by Member Parsons to approve the local agency agreement for Federal participation, Orange Township Bridge, Section 05-14115-01-BR. Roll call vote is recorded as follows: Ayes—Porter, Stewart, Occhi, Knapp, Link, Pickrel, Bacon, Hevland, Saline, Sandoval, Roberts, Parsons, Mannhardt, and Johnson—(14). Noes—(0). Motion carried.

Motion was made by Member Link and seconded by Member Pickrel to approve the preliminary engineering services agreement with Hanson Professional Services, Inc. Duane Ratermann presented a brief computer presentation to illustrate the special needs of this feasibility study. This location is in Persifer Township . There is a bridge over Court Creek and just a couple hundred feet to the south is an old railroad structure crossing the BNSF double tracks running east out of Galesburg through the eastern part of Knox County , which presents some very unique challenges. Persifer Township will share equally in the cost of the study. The maximum cost to Hanson will not exceed $30,000. Considering the combined project could cost $750,000 to $1,000,000, he believes that it is wise to do this preliminary engineering study and look at all the alternatives. The plan would be that the Highway Department would do the actual follow-up work. Roll call vote is recorded as follows: Ayes—Porter, Stewart, Occhi, Knapp, Link, Pickrel, Bacon, Hevland, Saline, Sandoval, Roberts, Parsons, Mannhardt, and Johnson—(14). Noes—(0). Motion carried.

Marianne Wiesen presented the Nursing Home business report. She stated that last week $100,000 was paid back to the referendum account. There is a balance of $189,000 in our account and $1,341,000 in the referendum account.

Chairman Occhi introduced for first reading the resolution to approve the transfer of funds from the Nursing Home Referendum account to the Nursing Home General Account. Marianne Wiesen stated that this is a “just in case measure.” She has repaid the $300,000 that had been borrowed from the account before. This resolution needs to be approved.

Since Chris Wood was absent and attending the ILGISA Conference, County Administrator Alan Hallberg passed out a short report from Chris Wood.

Motion was made by Member Stewart and seconded by Member Mannhardt to approve the amendment to Intergovernmental agreement with the Health Department to change zoning field inspection rates. Roll call vote is recorded as follows: Ayes—Porter, Stewart, Occhi, Knapp, Link, Pickrel, Bacon, Hevland, Saline, Sandoval, Roberts, Parsons, Mannhardt, and Johnson—(14). Noes—(0). Motion carried.

County Administrator Alan Hallberg stated that he really had no report other than what was included in the Member packets.

STATEMENTS OF GENERAL CONCERN

Member Porter and Member Stewart had no comments at this time.

            Member Occhi announced that next time there would be a vote regarding Board Structure. Members should come prepared to vote their preference on either the committee of the whole system or the committee system. She will not ask anyone about committee assignments beforehand. They should vote for what they feel is good for the Board.

            Member Knapp and Member Link had no comments at this time.

            Member Pickrel commented that he would like information either included in the Member packets or sent e-mail as to how the City of Galesburg can annex County property into the City, and yet we have no input on what is happening. I don’t understand how this can happen. He has asked several people about this.

            County Administrator Alan Hallberg responded that in part it is because Galesburg is a home rule city and has jurisdiction over a 1.5 mile barrier around the City.

            Member Bacon and Member Hevland had no comments at this time.

            Member Saline commented that a couple of meetings ago, we voted to sell a portion of the Nursing Home farmland. People have been calling and asking him what we plan to do with that. We need to set up a committee or a procedure so that we can tell people on how to proceed if they are interested in purchasing some of this farmland. For some people who are interested, this is a time sensitive issue and they would want to move on this sooner rather than later. We need to be organized and come up with some sort of a plan on how we want to dispense with that property.

            Member Sandoval, Member Roberts, Member Parsons, Member Mannhardt, and Member Johnson had no comments at this time.

            Member Porter commented that she would rather have the vote on the committee system in the first December meeting as she will not be able to attend the next meeting. It is important to her to be able to vote on this matter.

            Member Link commented that he would also rather postpone the vote on the committee structure to that December meeting as he is scheduled for knee replacement surgery.

            Chairman Occhi announced that the next regular meeting will be held on Monday, November 28, 2005 , 6:00 p.m. , at the Knox County Courthouse, Galesburg , Illinois .

            The meeting was declared to be recessed at 8:16 p.m. until the next regular Board Meeting.