PROCEEDINGS OF THE

PROCEEDINGS OF THE COUNTY BOARD

KNOX COUNTY , ILLINOIS

April 27, 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, April 27, 2005 at 6:05 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 Gayle Keiser

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 and Rick Welty, Elder from Bethel Baptist Church gave the invocation.

Chairman Occhi asked if there were any additions to the agenda. Member Saline asked for an addition to the agenda to discuss reorganization of the Public Defender’s Office. Chairman Occhi placed that item in the agenda at 7a. Treasurer Davis asked that item 12, revisions to departmental accounting procedures, be taken off the agenda for now.

Chairman Occhi asked for public comment. Jane Wynn, who is a nurse and caregiver, addressed the newspaper comments about the Nursing Home memorial fund. She shared her opinions that: 1) it is not the County’s money—that money belongs to the residents at the Nursing Home, as it is given by individuals and private citizens. It is not tax payer money. Therefore, it does not belong in the County funds. 2) A committee to determine how that money is spent probably makes sense, but my suggestion would be that the committee be made up of residents of the Home, employees of the Home, and family members who spent their time there. Even though outside members are probably well intended, they need to know the Nursing Home population. Unless you are spending time at the Nursing Home on a frequent basis, you don’t know the needs of the Nursing Home. 3) She also wonders if the Board considers the negative impact its actions would have on the Nursing Home. Census has dropped and it is my impression that there are physicians who have quit coming to the Nursing home. The negative publicity that comes out of this group is a real determent to the Nursing Home.

Randy Lynch, AFSCME 31 Staff Representative, voiced the union’s displeasure with the Board’s decision regarding their final contract offer. We had no choice but to go to arbitration. We are only a couple percent off of the agreement. It will cost the County tax payers $8,000 to $10,000 to arbitrate this case. It is a bad decision on the Board’s part and a waste of County money. That money should be brought back into the tax base, or given to the employees as a wage increase. The employees are very upset. I don’t think that it was the right decision on the Board’s part.

Rebecca Battson, who lives outside of Abingdon, voiced her concerns regarding her 911 telephone call on April 22. She had phoned about her neighbors. A vehicle came from their driveway had ended up in the ditch on the wrong side on the road. There were three individuals standing outside the vehicle. We know that our neighbors deal drugs through their home. The night that we called 911, a Knox County officer did come. He was out there for a long time but nothing happened. He did nothing to the other individual that was out there. I could tell that this man was high on something. People hid in the house and shut all the lights off. One man ran out the back door, trying to find somewhere to hide. I fear for my two small children. I called to talk to the officer later and got the impression that he was very good friends with this man, and thus did nothing. I feel that because of this incident, my life and that of my family is in danger. He told those people that we were the ones that called. It upsets me that the officer did nothing, but let them know who we were. I feel so scared to even walk out of my house or leave my home and think that something could happen. If I can’t count on the Knox County Police, then who can I count on? Chairman Occhi said they would look into it.

Chairman Occhi presented the following consent agenda items for approval: 1) minutes of the Board Meeting and closed Board sessions held

April 13, 2005; 2) claims against Knox County, Illinois, for the period of April 14, 2005-April 27, 2005 (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 27, 2005; 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 2005 (filed with Clerk); and 5) Sales tax and various taxes for month of February 2005 in the amounts of $79,915.50 and $16,812.74 and public safety tax in the amount of $62,050.61. Member Pickrel moved that consent agenda item 2 be removed and voted on separately. Motion was made by Member Pickrel and seconded by Member Bacon to approve consent agenda items 1,3,4,and 5 with roll vote as follows: Ayes—Porter, Keiser, Occhi, Knapp, Link, Pickrel, Bacon, Hevland, Saline, Sandoval, Roberts, Parsons, Mannhardt, Johnson—(14); Noes—(0). Motion carried. Motion was made by Member Parsons and seconded by Member Porter to approve consent agenda item 2 with roll call vote as follows: Ayes—Porter, Keiser, Occhi, Knapp, Link, Hevland, Saline, Sandoval, Roberts, Parsons, Mannhardt, Johnson—(12); Noes—(0); Pass—Pickrel and Bacon (2). Motion carried.

Chairman Occhi informed the Board Members that she had received Member Porter’s resignation from the Tourism Council. A copy of the e-mail is in the packet. Motion was made by Member Link and seconded by Member Johnson to approve this resignation with voice vote as follows—Ayes (14): Noes—(0). Motion carried. Chairman Occhi stated that next month, we would need to appoint someone to that position.

Chairman Occhi introduced for first reading the resolution to update the number of deputies for the Sheriff department. She stated that this was in the blue book from UCCI. It is a house-keeping thing. No one knows how many that we have on file, so I think that it is pertinent to put something on file so that we are up to date. She asked Sheriff Thompson to provide a list of how many he has and have a full list by next month. Member Johnson said that he thought that when the new jail was built, that the number of jailers was set at 18. Sheriff Thompson responded that we set the number of correctional officers. He then asked for clarification. As you have already set the number of auxiliary deputies are you referring to full time patrol deputies or personnel who have been deputized from other departments, or full-time personnel? Member Johnson responded full-time patrol deputies because by statute the number of deputies in a county is set by the County Board .

Member Saline introduced for discussion the reorganization of the Public Defender’s Office. He stated that the County has been incurring tremendous bills for conflict attorneys and other legal actions that we have to take that the Public Defender’s Office has not been able to handle in the past. At the current rate this year, we are going to be three times over the amount that we budgeted. For several years we have been trying to work with these people to come up with some sort of a solution. And every time we come up with one, all they say is “No, we want a 3% raise.” We have come up with a proposal and Jim Harrell will present it to you. I think this will give us the opportunity to save the county a tremendous amount of money and control our costs. Harrell stated that he also shared Member Saline’s feelings. This surfaced last year when Administrator Hallberg met with department heads; State’s Attorney, Mangieri; and at that time finance chairman, Member Saline, to discuss the funds that would come to the County in the next two years. Member Saline told us that expense wise the next two years would be difficult. From that point on, I talked with Member Saline and some other Board Members and Treasurer Davis about some other cost cutting alternatives. One fact that does stick out is that in the 2004 figures, the expense amount to run the Public Defender’s Office with two full-time attorneys was almost the same amount as what it would cost for us to have outside counsel. The Public Defender’s Office would have three attorneys and could handle the cases that initially come in. We have a written contract and verbal understanding with some attorneys that they would take any initial conflict that comes in. That happens automatically when cases come in. For example, if we had two cases from Wall-mart with each of them pointing the finger at each other, one case would come to my office and the other case would go to the conflict attorney. As for costs for the conflict attorney, it is about $55,000 a year.

There are also other expenses to consider. Around $24,000 was spent for post conviction petitions and other types of petitions where attorneys were appointed. There are also juvenile and neglect cases which take place in juvenile court and many times as many as four or five attorneys might be appointed. The expenses keep increasing dramatically. I contacted Williamson County , which is similar in size to Knox County . They have a public defender in a Public Defender’s Office. But as opposed to having three lawyers in the same office, who are together and they represent one client, they have three different lawyers. Additionally, they have two contract attorneys in juvenile court and those attorneys are contracted to handle other cases also. A few years ago, I would probably have addressed this Board and said that the staff would not have been able to handle this challenge because when this structure is used, you effectively put up a Chinese wall between each attorney’s office—only the specific files I use are located in my office and the same being true for each attorney. We still communicate and discuss legal issues but we can’t discuss specific cases. With that wall there it effectively gives you three attorneys in the Public Defender’s Office instead of one. Anytime that I have a conflict in the case one of my associates could handle it. After reviewing the numbers, I asked my staff if they would be willing to handle the additional responsibility and burden of the extra case load. They indicated that they would be willing if the Board approves this. I have spoken with Member Saline and met with one of the judges as well as several area judges regarding this plan and they thought that this idea is ingenious. This is something that they would be willing to work with and help with the details.

The additional costs that the County would incur would involve raises for the attorneys who would be accepting additional cases as well as an additional secretary. At the present time we only have two secretaries and another would be required. In the data that we have looked at, we are looking at a potential savings to the County of $30,000, next year and that might increase. There are uncontrollable factors involved. We would need to work with the State’s Attorney’s Office as well as the judges. We will need a couple of contract attorneys for the juvenile cases. When I have talked with Member Saline and Treasurer Davis about this, it was a difficult thing to bring to this Board because if we go with this model some fellow attorneys might be cut out of the funding. Yet, as Member Saline reminded us a year ago, these are difficult times and we have to do something. In speaking with the Williamson County Public Defender this program has been in effect for around 20 years. I feel that it is the right direction to take. Whether the immediate return is there next year or the following year, what you are doing is reducing the number of outside attorneys that are doing the work for you and utilizing the three full-time attorneys that are in my office as your base. These attorneys will be doing most of the work. I would then continue to work with this Board to handle the expenses if there is a question about one of those offices and related expenses; I would discuss this with the Board and with input from the Board and share that with the attorneys. We need to do what is best for the future of Knox County . Member Mannhardt asked if an informational meeting could be scheduled. Chairman Occhi responded that could be done, if that is what they wanted. Mr. Harrell stated that he had met with at least seven of the Board Members already, but if the rest wanted to discuss this he will be available. Member Mannhardt stated that it would be better if everyone could hear the questions of everyone else and we would be much better informed. Member Porter stated that when this is put on the agenda for a vote, that would be the time for discussion.

Member Johnson stated that this program has merit but needs more work. I am concerned that politics would remain out of the proposal and that everyone would be allowed to vote on the proposal, without being circumvented. Member Johnson stated that it had been brought to his attention that an Attorney General’s opinion was requested whether he could vote on this proposal, because on occasion I do work for the Public Defender’s Office, or because of my wife being employed by the Public Defender’s Office. Member Pickrel stated that as he read through this proposal he had wondered the same thing. Mr. Mangieri interjected that he had been asked to submit a request to the Attorney General Office. His initial analysis is that Member Johnson does not have a statutory conflict. At least on the first analysis, the Attorney General indicates that there is no statutory conflict of interest as regards Member Johnson. They do have some concerns whether there is the appearance of a conflict. That is a matter that is exclusively within the domain of the individual. With the other issue of Member Johnson’s wife working in the Public Defender’s Office, we are not the property of one another. That individual will have to determine whether it appears appropriate to vote.

Member Johnson stated that he would like to see the total cost of our Public Defender’s Office, including the hidden costs such as taxes, IMRF, telephone charges, etc. to see what it actually costs this County to operate. We are the only county in the 9^th Judicial Circuit to have a Public Defender’s Office in the Courthouse. There are other things that we need to look at and get a total picture before we make a decision. Member Porter stated that she remembered how hard we worked to get a Public Defender’s Office in Knox County . It plays a very critical role and I sure would hate to see this suggestion for reorganization turn into a referendum on whether or not we want the office at all. Member Johnson responded she misunderstood. I am not against the Public Defender’s Office; I definitely believe that they are very important. What I am saying is that other counties have Public Defenders but they don’t have an office in the courthouse and they have their own office and contract with the counties. Mangieri told the Board that by statute, counties in excess of a population of 35,000 must have a Public Defender’s Office. Treasurer Davis addressed the budget question of the hidden costs. Pension and Social Security are the hidden costs and they come out of the IMRF fund and are currently running about $10,000 above those costs. So we really need to do something.

Chairman Occhi introduced for approval the intergovernmental agreement between the Illinois Department of Public Aid and the Knox County State ’s Attorney and the County of Knox . State’s Attorney Paul Mangieri told the Board that this is an annual agreement going back the last 16-18 years. We represent the Illinois Department of Public Aid to establish paternity, and after that establish child support. We also seek medical coverage. This is a budgeted agreement. There is a grant that comes in through my office so it won’t cost the Board anything. Their fiscal year is a different from ours and goes from July 1 to June 30. Motion was made by Member Johnson and seconded by Member Parsons to approve this agreement with roll call vote as follows: Ayes—Porter, Keiser, Occhi, Knapp, Link, Pickrel, Bacon, Hevland, Saline, Sandoval, Roberts, Parsons, Mannhardt, Johnson—(14); Noes—(0). Motion carried.

Chairman Occhi introduced for approval the proposed settlement agreement regarding worker’s compensation claim and disability act claim. State’s Attorney Paul Mangieri reminded the Board that two weeks ago this claim was presented to them in executive session relative to a proposed settlement with Diane Durdle. This case involves a number of complaints against the Knox County Nursing Home and the County of Knox . We were able to reach a settlement relative to her three workmen’s compensation cases and relative to her discrimination claim in the amount of $10,000, should the Board approve. The terms of the settlement would be that Ms. Durdle would dismiss her claim of discrimination against Knox County and no amount would be paid on that case whatsoever. The $10,000 would be paid pursuant to the workmen’s compensation claims. There will be no further claims or future medicals. I am respectfully recommending that this County Board move to pay the sum of $10,000 for full and final settlement. Motion was made by Member Link and seconded by Member Bacon to approve this settlement with roll call vote as follows: Ayes—Porter, Keiser, Occhi, Knapp, Link, Pickrel, Bacon, Hevland, Saline, Sandoval, Roberts, Parsons, Mannhardt, Johnson—(14); Noes—(0). Motion carried.

Chairman Occhi then presented for approval the tax settlement agreement with K-Mart Corporation. State’s Attorney Paul Mangieri addressed the Board. K-Mart filed for bankruptcy January 2, 2002 , and they did not pay the real estate property taxes for 2001. Basically, the bankruptcy judge determined which bills K-Mart Corporation would pay and wiped out a number of claims relative to K-Marts throughout the United States including the claim that Knox County had in the amount of $158,964.32.That is the base amount of the real estate property taxes that were due and payable in 2001. Although the judge wiped out that claim, Knox County has a lien on the property. K-Mart has sold that property but there is still a lien. After a number of calls and negotiations through the Treasurer’s Office and the attorneys, collectively we have reached a purposed settlement agreement to present to the County Board . We advised them that we could take no less than the base amount, which is $158,964.32. We also looked at what we could recover if we continue to fight this in litigation; we calculated that approximately $2,700 to $2,800 was due and owing from the last due date in 2001, up until January 2, 2002 . The bankruptcy petition cuts off all further collection efforts. K-mart rounded that off; they said they would pay the base amount of $158,964.32 plus $3,000. This $3,000 amount would include the penalties, tax, and interest which is due through January 2, 2002 . K-Mart said that they would pay that amount if you approve this agreement within 60 days of receiving the signed agreement. They are offering another option as well. K-Mart is saying that if we want to forget about the $3,000, they will pay the base amount of $158,964.32 within 14 days after receiving the agreement. There are two options for the Board to consider—the base amount within 14 days or the base amount plus the $3,000 within 60 days. Mangieri recommended that the County approve the second option of the base amount plus the $3,000. Motion was made by Member Bacon and seconded by Member Sandoval to approve this agreement. Member Bacon asked if K-Mart has kept up with the property taxes. Mangieri stated that this was the only year that they missed. Further, he doesn’t expect it to take 60 days, but sooner to get the check from K-Mart. Roll call vote as follows: Ayes—Porter, Keiser, Occhi, Knapp, Link, Pickrel, Bacon, Hevland, Saline, Sandoval, Roberts, Parsons, Mannhardt, Johnson—(14); Noes—(0). Motion carried.

Rod Cleair presented the Mary Davis Home report, stating at the present time there are 34 clients and 3 of those from Knox County . As this project could not wait, the kitchen equipment has been purchased with the grant funds. The vouchers have been turned in to Clerk Erickson. The amount billed out last month for per diems was $81,000. We will not average this every month. There have been no salary reimbursements since March 3. There will probably be a lump sum payment at the end of the fiscal year. Member Johnson asked when the next payment is due on the loan. Treasurer Davis replied that it is being paid with the taxes this year and due in May.

Administrator Hallberg presented the assessor/zoning report. The assessment office is working on the 2005 taxes right now. Joyce Skinner had recent knee surgery and is back to working half-days. As far as zoning, we were informed that we would probably be losing a member on the Zoning Board of Appeals in the near future. As soon as we get official notice, we will look for a replacement. Hallberg asked John Kennedy if he had anything to report from Animal Control. He stated that there were 647 one year tags registered in the month of March, 18 3-year tags, and 294 cats. The annual rabies clinics are coming up in May and to be held in various locations within the County. The usual veterinarians are participating. Advertisements will be running in the Galesburg Register-Mail. At some point we will have to discuss this new Illinois State law. We have had meetings with the City of Galesburg and they are already preparing for it. We need to get together to discuss our options. Chairman Occhi stated that it would be put on the next meeting’s agenda.

Administrator Hallberg presented the landfill business report. He stated that he had received a message from Larry Larson that he is attending a funeral and would be back Friday. There is the one action item included in the Member packets, which is the memorandum of understanding between the Landfill and Health Department for secretarial services. Basically the Landfill pays the Health Department $400 a month for the services listed in the memorandum of understanding. This is for first reading and will be up for approval at the next Board meeting.

Administrator Hallberg reported that Duane Raterman is attending the Illinois County Engineer’s Association Conference and is due back Friday. Member Sandoval asked about the truck repairs. Hallberg responded that they are still looking for an engine to fit the truck. Member Johnson asked about when the fluff contract is coming up. Member Occhi replied October 2006.Member Link asked about the fuel bidding that the highway department did in the past, and asked if Hallberg was involved in that. Hallberg said that he was not. Member Link stated that he was disappointed in the way that it was handled. Basically the bidding was for 2% bio-diesel fuel. My question is why the 2%; it gets cheaper with each percentage. Industry is going to a larger percentage. Chairman Occhi mentioned the pending legislation that is noted in the Member packets. Member Link stated I know what the bill calls for but I still wonder about the reasoning on this. Member Pickrel asked how high the maximum (content) can we go with that. How much will the equipment take? That would need to be established. Member Link responded 20% for the fuel but the tax breaks go up to 11%; you get an extra penny for each percent. Member Pickrel stated that the big thing is to establish what the equipment will handle. The safe bidding was for 2%. Chairman Occhi said that Hallberg would look into that.

County Nursing Home Administrator, Marianne Wiesen presented the Nursing Home business report. We have approximately $125,000 in the checking account. This week we have 144 residents and 2 pending admissions. Member Bacon asked how the remodeling was progressing. Wiesen responded the “re-do” is going just great. The animals came today. The memorial garden is just beautiful. On the memorial fund, I have had some really good calls from individuals who are interested in serving on that committee. Paul Mangieri has suggested that we call it, “Friends of Knox County Nursing Home.” We do want to have residents and employees of the Nursing Home on that committee and that is moving forward. I have phoned Carl Sandburg College and asked about establishing an annual scholarship out of that fund. Member Johnson stated that when we are talking about the memorial fund our only involvement with that fund is to see that proper auditing procedures are followed for our accounts. Obviously, that was not done in the past. We don’t have any say in how that money is spent, but we do have in how that account is maintained. Wiesen stated that from her perspective that is reasonable.

Motion was made by Member Parsons and seconded by Member Hevland to authorize the Nursing Home to submit an application for membership to the Western Illinois Area Agency on Aging. Marianne Wiesen told the Board that this is a group that helps to keep people in their homes. We do have a regular flow that comes to the Nursing Home for respite care. This is just a renewal of that contract. They do require Board approval on the minutes to proceed. Roll call vote as follows: Ayes—Porter, Keiser, Occhi, Knapp, Link, Pickrel, Bacon, Hevland, Saline, Sandoval, Roberts, Parsons, Mannhardt, Johnson—(14); Noes—(0). Motion carried.

Administrator Hallberg presented the business report, reminding the Members of the report in the Member packets. Regarding the IP light situation and the cable franchise situation, both of those I have forwarded information to State’s Attorney Mangieri. At the next meeting, we will be taking action on both of these items. Today we did receive the paperwork for the arbitration. Regarding the financial information that is contained in your packets, and where we stand with revenues and expenditures, the main thing is in the general fund. The revenues are at 28.80% and should be at 33.33% and expenditures are coming in at 34.54% and should also be at 33.33%. We are seeing this growing each time, with a greater difference between what we are bringing in and what we are spending. We are going to have to carefully watch this. Regarding the revenues, the fees are coming in lower, in some cases quite a bit lower than expected and the taxes are running a little lower than what we estimated also. It is going to be a tough budget for this summer. Chairman Occhi and I were in Springfield yesterday and we were informed that the state budget deficit is running 1.8 to 2 billion dollars. They do not expect to meet their May deadline. This could stretch into the summer. Member Knapp asked about the easement on the light poles at Hardees as it states 25 ft on the east side and then 6 ft on the east side. Hallberg responded that Illinois Power surveyed it and that is where they found the marker pins. Member Sandoval stated that part of it is 25 ft over and part of it is 6 ft over in a zigzag line. Hallberg said that the line does come back around. Originally it was thought to be 15 ft at both ends.

STATEMENTS OF GENERAL CONCERN

Member Porter commented I would just like to respond to the woman who talked about the Nursing Home. I think that the reaction to the Nursing Home business has been more positive in the last four months than it has been for many years. That is because things have been brought out into the open. It is a tax supported public nursing home. I don’t think that there ever was a discussion on the memorial fund being handled by the Board, or even appointing a Board Member to the committee at any time. We understand that this is a private fund. Yet as Member Johnson said ultimately, we are responsible to see that the books are audited. I think that things are going well out there and there has been a lot of positive reaction.

Member Keiser had no comment at this time.

Member Occhi commented that the County flags are on display in the Courthouse and encourages the Board Members to vote. We will select a winner and have them here at the next County Board meeting for presentation. Clerk Erickson has the ballots and the ballot box.

Member Knapp had no comment at this time.

Member Link commented it would help when we change from one department to another if there could be a heading on the first page.

Member Pickrel, Member Bacon, Member Hevland, Member Saline, Member Sandoval, and Member Roberts had no comments at this time.

Member Parsons commented I think that we should pursue the Public Defender’s Office agenda and information. We should all get together with him and have a good session to follow through on this. I think that it is a good idea and we should help him to work it out.

Member Mannhardt and Member Johnson had no comments at this time.

The next regular meeting will be held on Wednesday, May 11, 2005 , 6:00 p.m. , at the Knox County Courthouse.

Motion was made by Member Pickrel and seconded by Member Sandoval to adjourn. Voice vote and motion carried. The meeting was adjourned at 7:13 p.m.