PROCEEDINGS OF THE COUNTY BOARD

KNOX COUNTY , ILLINOIS

December 27, 2006

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, December 27, 2006 at 6:00 p.m.

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

District 1          Caroline Porter            

District 2          Greg Bacon

District 3          Paul Hevland                           

District 4          Lowell Mannhardt                   

District 5          Gerald “Jerry” Link                              

District 1          Allen Pickrel                            

District 2          Paul Stewart                            

District 3          Dale Parsons               

District 4          George Knapp            

District 5          Ricardo “Rick” Sandoval         

District 1          Lyle Johnson                           

District 2          William “Bill” Abel                               

District 3          Janet Occhi                             

District 4          Wayne Saline              

District 5          Stephen “Steve” Johnson         

            Also present were Sheriff James Thompson and County Clerk Scott Erickson.

            Sheriff James Thompson delivered the proclamation. Chairman Pickrel led the Members in the pledge to the flag. Since no one was present to deliver the invocation, Chairman Pickrel asked for a moment of silence.

            Chairman Pickrel asked for additions to the agenda. Member Bacon asked that agenda item 18, to approve the union agreement with Laborer’s Local 538 be dropped from this agenda.

            Chairman Pickrel asked for public comments and there were none.

            Chairman Pickrel presented for approval the following items of the consent agenda: 1) minutes of the Closed Board Meeting and the Regular Board Meeting held December 13, 2006, 2) claims by Members for per diem and mileage for the Meeting of December 27, 2006, and 3) sales tax and various taxes for the month of September 2006 in the amounts of $89,550.52 and $16,167.66 and public safety tax in the amount of $75,341.50. Motion was made by Member Steve Johnson and seconded by Member Parsons to approve these measures. Member Porter asked for a correction to the minutes as on the first page the word “invocation” was misspelled. She also asked for a correction on page 2 of the minutes regarding Member Knapp’s vote to approve appointees to the University of Illinois Extension Office . His vote had been recorded as voting yea and no. In fact, he had voted against this measure. Member Steve Johnson and Member Parsons agreed to amend their original motion to include these changes. Roll call vote to approve these measures is recorded as follows: Ayes—Porter, Bacon, Hevland, Mannhardt, Link, Pickrel, Stewart, Parsons, Knapp, Sandoval, Lyle Johnson, Abel, Occhi, Saline, and Steve Johnson—(15). Noes—(0). Motion carried.

            Chairman Pickrel introduced for first reading the amendments to the Board Rules of Operation. These proposed changes to the Board Rules are contained in the packets. County Clerk Scott Erickson stated that since the Board is making the transition from meeting as a committee of the whole and returning to the committee system, there need to be some changes to the Board’s operating rules. Member Steve Johnson questioned the change which would allow alternate methods of voting. He suggested that the final paragraph in rule #8, be completely deleted. He doesn’t feel that it is due representation to phone in a vote or e-mail a vote. Members should physically be in attendance to be allowed to vote. Further, he is against voting electronically. The voices of the Members should be heard.

            Member Occhi explained that this subject had been discussed in reference to the Open Meetings Act. It had also been discussed in reference to pandemic flu and in case there were quarantines. Chairman Pickrel suggested that more could be added to this provision. Mr. Erickson stated that according to the Open Meetings Act, in order to allow alternate methods of voting, there would still have to be a quorum physically present.

            Various Members agreed that this paragraph needs to be completely deleted. Member Saline spoke in favor of the proposed changes. In cases of pandemic flu for example, it would be advantageous to allow alternate methods of voting. It is foolish to not understand that something horrible could happen. Chairman Pickrel stated that he could see both sides to this issue. He would prefer that the wording be changed to state that this provision would be used only in cases of disaster or declared emergency.

            Member Johnson repeated his request that the provision to allow electronic voting be removed. He could accept emergency measures to allow the County to conduct its business. Member Saline agreed the electronic method is not the way to go. It was suggested that only the first sentence of this paragraph be kept. “Alternate methods of voting may be adopted for use by the Board if a need is determined.” Various Members agreed.

            Member Stewart commented about the proposed change in rule #6 to replace the County Administrator with the Board Chairman for assigning items to the consent agenda. He would prefer to see that references to the County Administrator remain in the rules. He suggested that the wording could be “The County Clerk, County Administrator, or Board Chairman will be responsible for assigning items to the consent agenda.” He is still hoping that a County Administrator would be hired.

            Member Porter asked for an addition to rule #4 regarding committee assignments to read, “In order that all Board Members share equally in Board responsibilities, a Board Member shall not be appointed to more than two standing committees, one Ad Hoc Committee, and one board or committee assignment outside of the County Board structure.” She realizes that this measure could not be implemented for a year but it would be a good policy to adopt.

            Member Porter stated that a word had apparently been omitted for the proposed addition to rule # 5. It should read “It is the Committee Chairman, or their designee’s responsibility to turn in all meeting minutes into the County Clerk in a timely fashion after the meeting.” Members gave their consensus that this word should be included.

            Member Occhi explained that as regards committee assignments, previously it had been difficult to make these assignments as not many Members are interested in serving on committees. There have also been occasions when a Member was appointed to an outside board or committee and then never attended a meeting. If someone is willing to serve, she would prefer that the Chairman has the authority to appoint who he needs to appoint.

            Member Steve Johnson suggested a compromise in rule #4 regarding committee assignments. He could accept Member Porter’s addition to this rule to include the words “if possible.” Member Porter’s addition should be considered as a guideline.

            Member Mannhardt asked about the proposed changes in rule #13 which would increase the amount from the current amount of less than $5,000 to a higher amount of $10,000 that Board is allowed to approve without bidding. He would propose that the phrase, “…deemed professional in nature,” be omitted. He would insert, “however the Board reserves the right to accept bids as presented.” Chairman Pickrel explained that the highway department had requested this change.

            Member Steve Johnson shared his concerns about raising the limit. He realizes that the State statute limit is $10,000. However, if this is approved there could be several departments that would be affected. If this higher limit is approved, the end result is that the County Board would have no input in these bidding procedures. Although, he does understand why the highway department has asked for this change, he doesn’t think that it is necessary. The whole idea behind the bidding process is to obtain the best price possible.

            Member Link spoke in favor of this proposed increase. He can understand why the highway department is asking for the increased limit. Member Porter suggested a compromise of $7,500. Member Link agreed that this amount could be a fair compromise. Member Stewart stated his general opposition to any change in this limit.

            Chairman Pickrel stated that he personally is not comfortable with the proposed $10,000 limit. During this meeting Members need to reach some agreement as to how to proceed with this request. Perhaps this request should go to the finance committee.

            County Clerk Scott Erickson stressed the importance of getting the Board Rules in place so the committee system can function. If this matter is one of contention, then we can leave it as it is for now, and then later the Board can consider this proposed change.

            Member Steve Johnson suggested that since the Board is returning to the committee system, that perhaps it would be prudent to leave this amount as it is for now. Then the committees could study this matter and bring their recommendations back to the full Board on a department by department basis. Various Members agreed that this limit should remain at the current level.

            County Clerk Scott Erickson stated that the modifications to the Board Rules of Operation would be made and these changes would be included in the next packet.

            Motion was made by Member Saline and seconded by Member Sandoval to approve the Emergency Telephone Safety Board bylaws. This resolution was included in the packets. Member Saline reported that they had been working on these bylaws for a year. They are only changing the section of the bylaws that deals with appointments to that Board. They had been informed that the wording in this section did not meet state statute requirements. These revised bylaws have been reviewed by the State’s Attorney’s Office. Chief John Cratty stated that he was satisfied with this resolution. State requirements now specify that a member of the general public, who has no connection to the County Board or public safety agency, sit on this board. Therefore this board has been expanded to include eight members. Member Porter asked that in paragraph A, the titles or names of appointees to this board should be included. Member Saline agreed that the titles or positions of the appointees should be included, but the names would change over time.

            Member Stewart asked Chief Cratty about the current amounts of the surcharges referenced in this resolution. Chief Cratty responded that the board receives $1.25 per land line, such as Gallatin River ’s line. For cell phone the surcharge is $.75. Since fiscal year 1990-1991, the board has received $650,000. Roll call vote to approve the Emergency Telephone Safety Board bylaws is recorded as follows: Ayes—Porter, Bacon, Hevland, Mannhardt, Link, Pickrel, Stewart, Parsons, Knapp, Sandoval, Lyle Johnson, Abel, Occhi, Saline, and Steve Johnson—(15). Noes—(0). Motion carried.

            Motion was made by Member Steve Johnson and seconded by Member Porter to approve the resolution on the use of the State Appellate Prosecutor for purposes of appeal and conflict. This resolution is included in the packets. This is primarily a housekeeping measure that costs the County $15,000 annually. Roll call vote is recorded as follows: Ayes—Porter, Bacon, Hevland, Mannhardt, Link, Pickrel, Stewart, Parsons, Knapp, Sandoval, Lyle Johnson, Abel, Occhi, Saline, and Steve Johnson—(15). Noes—(0). Motion carried.

            Treasurer Robin Davis presented the monthly and year end financial update. That report is included in the packets. She had circled the line items that had exceeded their budgeted amounts. Also noted were the personnel overages due to contracts effective after the budget was approved. Additionally Members were given a brief written report listing revenue and expenses at the completion of fiscal year 2005-2006. Included in brackets were those funds in which the expenses exceeded the revenue. One example is the Nursing Home Referendum Tax Fund, which reflects the capital improvements completed this year. Also the IMRF Fund had extra expenses with new employees and other personnel expenses. There were also additional expenses in the tort levy fund due in part to additional liability and self insurance costs to cover the Workman's Compensation claims. The highway department also had additional expenses. The good news for the general fund is that the County did receive $454,000 more revenue than was anticipated. Some of that additional revenue is due to the State catching up on the housing of out of county prisoners, salary reimbursements, and state income tax.

            However, expenses exceeded revenues by $601,000 over the budgeted amounts. The general fund is short $41,000 but that could have been much worse due to the expenses for the reserve attorneys and other line items that have significantly exceeded their projected expenses. The HAVA line item is over its revenue by $50,000, but those funds will be reimbursed. Additionally, more revenue stamps were required this past year than were anticipated.

Even though the Mary Davis Home had projected an $116,000 deficit at the end of the year, they ended with a positive balance of $8,298. Similarly the nursing home had a projected deficit of $67,000 and completed the year with a positive balance of $43,000. A deficit of $70,000 was projected in the County Bridge fund and yet completed the year with a positive balance of $66,000. The highway department completed the year with a lesser deficit amount than was projected. The landfill had a projected positive balance of $350,000 and completed the year with a balance of $1,600,000.

For the past fiscal year, they had expected a deficit of $800,000 and planned to use a carryover to make up this difference. At the conclusion of the year there was a positive balance of $2,000,000. Of course, the majority of that is the landfill revenue. Overall the County had a good fiscal year. She advised caution continue to be exercised especially in regards to the general fund.

Member Stewart questioned the way that the financial information is presented. In his opinion it is not clear how much of the revenue is actually contained in carryover funds. Treasurer Davis responded that the information is included in the spread sheets given to the Members. In the past auditors have suggested that the County have a carryover or reserve fund of 3-6 months to pay the bills. This amount would include covering payroll, and Board bills. Presently there is only one month carryover in the general fund to cover payroll. Other funds vary in their carryover balances. However some funds are reserved for very specific purposes.

Chairman Pickrel expressed his relief as he thought that the deficit would be even worse. He thanked all concerned for their good work.

Chairman Pickrel introduced an update on the tax bill preparation. He suggested that the Board of Review should meet as soon as individual requests come in, without waiting for all of them to arrive. There needs to be an established deadline that tax calculations are turned in to the County Clerk ’s Office by the third week of March, and then they can be turned in to the Treasurer’s Office by the third week of April. Otherwise the taxes will be late. The County cannot afford this to happen.

Joyce Skinner stated that a 30 day notice is required before Board of Review hearings can be held. Chairman Pickrel stressed the necessity to handle these complaints on an individual basis as soon as legally possible. The County cannot go down to the wire or be late again with the tax bills. He is not assigning blame but trying to create a plan to keep the process on schedule. Joyce Skinner reported that information is published in January and tax payers have 30 days in which to appeal.

Treasurer Robin Davis agreed that her office needs this information by the third week of April. If citizens have until the end of February to file a complaint, then there is no way this information can go to the County Clerk ’s Office by the third week of March. In order to meet this timeline, the publishing date would have to be the third week of January. Mrs. Skinner stated that this date depends on the completion of the land use layer. Currently they are working on the last three townships. Chairman Pickrel asked Mrs. Skinner to check with Sidwell if these changes can be completed and integrated by the third week of January. Member Johnson reminded Members that once the land use layer is completed, the following years should be easier.

County Clerk Scott Erickson reported that the University of Illinois Extension Office offers several continuing education classes for elected officials. These classes cover a variety of topics. Recently he, Treasurer Robin Davis, Member Occhi, and Regional Superintendent of Education Bonnie Harris took part in a class which was both informative and beneficial. Classes dealt with such topics as parliamentary procedures, the Open Meetings Act, and budgeting. Mrs. Davis informed Board Members of a Special Meeting to be held January 10, at 6:00 p.m. with a representative from the Illinois Department of Economic Opportunity, to be held at the Courthouse. Helpful budgeting information will be presented. All Board Members are encouraged to attend.

John Kennedy was not in attendance and did not prepare an animal control business report for the packets.

Although Rod Cleair was not in attendance, the Mary Davis Home business report is contained in the Member packets. Included are the year end report and comparison figures for the past four years.

Joyce Skinner presented the assessor/zoning business report. Regarding the land use layer, eight townships have been sent to Sidwell for completion. She expects to have the remaining three townships ready to be sent to Sidwell by January 2. The assessor’s and zoning offices have completed their part in this project.

            Motion was made by Member Steve Johnson and seconded by Member Lyle Johnson to approve an amendment change to the Knox County Zoning Resolution. This proposed amendment concerns Article 5.402 Item #9, to delete the unincorporated community of Appleton , and add the unincorporated community of Douglas . If this amendment is approved, Douglas would then fall under the jurisdiction of Knox County Zoning regulations. The recommendation from the Zoning Board of Appeals is to approve this amendment. This is a housekeeping measure. Roll call vote to approve this recommendation is recorded as follows: Ayes—Porter, Bacon, Hevland, Mannhardt, Link, Pickrel, Stewart, Parsons, Knapp, Sandoval, Lyle Johnson, Abel, Occhi, Saline, and Steve Johnson—(15). Noes—(0). Motion carried.

            Motion was made by Member Saline and seconded by Member Mannhardt to approve the recommendation from the Zoning Board of Appeals regarding case #ZA-06-06, which approves the request from Gary Wood, 1587 Hwy 12, Dahinda, IL for a zoning district change in the “C” Conservation Zoning District to “B-2” highway business zoning district for boat/camper storage. Member Bacon stated that he was glad to see some information about this contained in the packet. However, he still had questions such as the location of this business. Chris Gray responded that Gary Wood has a barn on his property that he plans to use for this purpose. Members discussed whether photos should be included in the Member packets. Roll call vote is recorded as follows: Ayes—Porter, Bacon, Hevland, Mannhardt, Link, Pickrel, Stewart, Parsons, Knapp, Sandoval, Lyle Johnson, Abel, Occhi, Saline, and Steve Johnson—(15). Noes—(0). Motion carried.

Motion was made by Member Porter and seconded by Member Lyle Johnson to approve the Zoning Board of Appeals recommendation regarding Case # AP-01-06. This regards a request filed by Kenneth Fliss, 526 Hillbrock Estates, Galesburg . Previously, Mr. Fliss was cited for a violation of a camper being lived in for six months of the year on his residential lot. Member Steve Johnson stated that information in the packet is confusing, and asked about the status of this case. Chris Gray responded that when Mary Christy first began her job in the zoning office, this matter was brought to her attention. This unit is a park model camper, of the type frequently used in Florida . Usually the wheels are taken off and sometimes a deck is build around it. Mr. Fliss requested a permit for a pole barn. This camper was actually attacked to the pole barn. Mr. Fliss also had a sewer line connected to this unit. This situation is a grey area as this subject is not addressed in any of the County’s zoning resolutions. These residents were sent a violation notice. State’s Attorney, Paul Mangieri reviewed the zoning ordinances and reported that in his opinion that camper could be used for storage, but residents could not permanently live in it. However, Ms. Christy was saying that the camper had to be removed. She then advised these residents that the camper could only be used for storage. Reportedly the residents have removed the sewer hook-up.

Chairman Pickrel recalled a previous zoning decision regarding a camper in Yates City , in which the County Board ruled that the camper had to be removed from a residential property.

Ms. Gray reported that in this case the only permit that was applied for was to allow construction of a pole barn. No permit was requested regarding this camper. The health department did grant a permit for a holding tank, but having a holding tank is not unusual. The Zoning Office did not know about the camper being there, or the purpose of it. Chairman Pickrel shared his opinion that if the wheels are not on the unit, then it should be considered a permanent fixture. Ms. Gray continued her explanation saying that resident was appealing this administrative decision, and brought his case to the Zoning Board of Appeals. At that point Ms. Christy rescinded her decision. Residents agreed to not live in the camper. However, the residents do not want to remove the camper from their property. Tonight’s vote will approve the decision to rescind the original decision. Member Steve Johnson reported that he had received numerous calls about this case. He would prefer that this resident have written clarification that the camper was not to be lived in. Chairman Pickel agreed that a letter needs to be sent to this resident. Roll call vote is recorded as follows: Ayes—Porter, Bacon, Hevland, Mannhardt, Link, Pickrel, Parsons, Sandoval, Lyle Johnson, Abel, Occhi, Saline, and Steve Johnson—(13). Noes—Stewart and Knapp—(2). Motion carried.

Larry Larson was absent and a landfill business report is not included in the packets.

Duane Ratermann was absent. The highway business report is included in the packets.

Marianne Wiesen presented the nursing home business report and reminded Members of the business report included in the packets. The sprinkler project has been completed. They are waiting for the State officials to come in and approve this system. As a result of the recent improvements at the nursing home, she expects another increase in their capital rate. She reported that Christmas was great at the nursing home. She invited Board Members to come out and visit before the Christmas decorations are taken down.

Motion was made by Member Steve Johnson and seconded by Member Mannhardt to approve to bid and bring back for a structural engineering survey and seal for replacement in the front entrance of the nursing home. Marianne Wiesen reported that the canopy had been taken down as it was a fire hazard. She reminded Members that they had already approved to bid and bring back for this project. Keeping in mind the problems at the landfill, she thought that would be best to consult with a structural engineer. The nursing home did receive one proposal from Bruner, Cooper & Zuck, Inc. for a total cost of $6,750. After the Board chooses a proposal, she would suggest that the design be sent to the Illinois Department of Public Health to validate that the canopy is up to code requirements. This will be funded through the tax referendum account. Voice vote is recorded as follows: Ayes—(15). Noes—(0). Motion carried.

Chris Wood presented the GIS business report. Recently he has spent some time working on the server project. He has been working to verify computer profiles and the specifications of various computers. The majority of the County’s computers do meet the specifications of the server project. He has requested that some computers receive an upgrade to their memory, which would increase their processing speed. According to ESRI’s recommendations, the computers will work as they are. However, if improved speed is desired, then the computer’s memory should be upgraded. Costs would vary depending on how much memory is added.

Member Bacon stated that it is not Mr. Wood’s job to serve as a computer expert. Instead the computer people who work for the County should evaluate this situation and report back to the Board. R3 should be here to make this presentation. Chairman Pickrel agreed that this recommendation should come from R3. He feels uncomfortable proceeding to agenda item 22, approval of purchase for ArcGIS server software with free upgrade, until there is a recommendation from R3. Specifically, this recommendation should refer to the computers in the assessment/zoning office, the recorder’s office, the treasurer’s office, and clerk’s office. We need to verify that these computers will handle this new system.  Member Steve Johnson agreed that this company needs to bring a complete report to the full Board. Member Stewart also expressed his desire for more information before proceeding with this request. Mr. Wood reminded Members of the March 15th deadline to purchase this software with the free upgrade.

Motion was made by Member Stewart and seconded by Member Abel to table agenda item 22, approval of purchase of ArcGIS server software with free upgrade. Roll call vote is recorded as follows: Ayes—Porter, Bacon, Hevland, Mannhardt, Link, Pickrel, Stewart, Parsons, Knapp, Sandoval, Lyle Johnson, Abel, Occhi, Saline, and Steve Johnson—(15). Noes—(0). Motion carried.

Chairman Pickrel introduced discussion on a fee study of GIS office fees. Chris Wood reported that as the finance committee worked on preparing the budget, there was some discussion, that the GIS fees should be increased. Previously there had been some discussion about a fee study for some other County Offices such as the Sheriff’s and County Clerk ’s Offices. Perhaps there should be a County wide fee study. Member Steve Johnson voiced his support of the idea of a fee study and suggested that this matter be referred to a committee. Chairman Pickrel stated that perhaps each committee should look into a fee study as it would affect each department. Sheriff Jim Thompson agreed that committees should address this topic. Due to the rising costs of salaries and personnel expenses, the Sheriff’s Office is due for a cost study. It would be best if the cost study was looked at on a department by department basis. Member Occhi reminded Members that if offices were grouped together for a cost study, there would be more of a discount available. It would be best if the individual committees worked on this proposal and then brought back their recommendations to the full Board.

Motion was made by Member Parsons and seconded by Member Occhi to approve claims against Knox County , Illinois , for the period of December 14, 2006-December 27, 2006 (ordering that invoices be accepted and approved and that the County Clerk and County Treasurer be authorized and directed to issue County Warrants in payments of the bills.) Roll call vote is recorded as follows: Ayes—Porter, Hevland, Mannhardt, Link, Pickrel, Parsons, Sandoval, Lyle Johnson, Abel, Occhi, and Saline—(11). Noes—Stewart and Knapp—(2). Pass—Bacon and Steve Johnson—(2). Motion carried.

STATEMENTS OF GENERAL CONCERN

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

            Member Mannhardt wished everyone a Happy New Year. May this coming year be the best year ever.

            Member Link had no comments at this time.

            Chairman Pickrel announced that the committee meeting notices would be mailed soon. He was pleased with the attendance at the recent organizational meeting at the Annex as most of the Board Members were there, all of the department heads, and but one of the elected officials. It was good to see everyone together. The discussion was great.

He reminded Members that County Committee Meetings or Meetings of the full Board can only meet at the Courthouse, Annex, or other County Building . According to state statute, it is illegal to meet anyplace other than County owned property. Regarding the present meeting room arrangement for the full Board, those with any ideas on how to improve the hearing situation are invited to contract him. He is open to new ideas.

            Member Stewart, Member Parsons, Member Knapp, Member Sandoval, Member Lyle Johnson, Member Abel, and Member Occhi had no comments at this time.

            Member Saline commented to Member Mannhardt to feel better.  Member Saline was sorry to hear of the broken leg.

            Member Steve Johnson reminded Members of the Ad Hoc Building Committee Meeting to be held January 8, 2006 , 6 p.m. at the Annex.

            Chairman Pickrel announced that the next regular Meeting will be held on Wednesday, January 24, 2006 , 6:00 p.m. , at the Knox County Courthouse, Galesburg , Illinois .

            Motion was made by Member Sandoval and seconded by Member Parsons to adjourn until the next regular meeting. Voice vote is recorded as follows: Ayes—(15). Noes—(0). Motion carried. Meeting adjourned at 7:54 p.m.