PROCEEDINGS OF THE COUNTY BOARD OF WOODFORD COUNTY, IN THE STATE OF ILLINOIS, at an adjourned meeting thereof begun and held in the Woodford County Board Room in the City of Eureka, in said County, on the third Tuesday in May, AD 2006, same being the 16th day of said month.

 
Tuesday                                 May 16, AD 2006                                          6:30 PM

                      Board met and was called to order by Chairman Whitaker.

             Chairman Whitaker began the meeting by leading all present in the Pledge of Allegiance.

             Roll call by the Clerk.  Present:  Marcus Adams, James Booth, Thomas Evans, David Griepentrog, Robert Hunsaker, Gary A. Joseph, Thomas Karr, John Krug, Peter Lambie, R. Joel Lemkemann, Fred Luedtke, Caroline Schertz, Doug Simpson, Kenneth Uphoff, and Larry Whitaker.  Absent: None.  Also present was County Clerk Debbie Harms.

             Board announced in session by the Chairman.

             Clerk Harms presented and read the Certificate of Giving Notice for this meeting.

             Mr. Uphoff moved the Certificate be approved as read, which motion was seconded by Mr. Lemkemann and was unanimously carried.

             Clerk Harms submitted the minutes of the April 18, 2006 County Board meeting for additions, corrections, and approval.

             Mr. Luedtke moved to approve the minutes of the April 18, 2006 regular session County Board meeting as mailed, which motion was seconded by Mrs. Schertz and was unanimously carried.

             Clerk Harms presented the minutes of the May 3, 2006 special County Board meeting for additions, corrections, and approval.

             Mr. Griepentrog moved to approve the minutes of the May 3, 2006 special session County Board meeting as mailed, which motion was seconded by Mr. Karr and was unanimously carried.

             Mr. Luedtke presented and read Resolution #092 (Honoring County Board Member Robert Hunsaker) whose resignation was to be effective May 31, 2006.

             Mr. Luedtke moved to approve Resolution #092, which motion was seconded by Mr. Booth and was unanimously carried.

             Chairman Whitaker then presented a plaque to Board Member Hunsaker in recognition of his service to the County.

             Mr. Hunsaker expressed his gratitude and stated this was his second plaque as he had first served in 1997.  It had been a pleasure to serve on the Board.

             Mr. Hunsaker was then given a signed and sealed copy of Resolution #092.

            Mr. Luedtke moved the County Board go into Executive Session under 5 ILCS 120/2 Sec 2 (c1).  Mr. Booth seconded this motion and a roll call vote was taken.  County Board Members voting Aye: Marcus Adams, James Booth, Thomas Evans, David Griepentrog, Robert Hunsaker, Gary A. Joseph, Thomas Karr, John Krug, Peter Lambie, R. Joel Lemkemann, Fred Luedtke, Caroline Schertz, Doug Simpson, Kenneth Uphoff, and Larry Whitaker.  County Board Members voting Nay: None.  County Board Members absent: None.  Motion carried.

             Mr. Luedtke moved the Board come out of Executive Session, which motion was seconded by Mr. Joseph and was unanimously carried.

            Chairman Whitaker announced the Executive Session was for a specific purpose and the agenda listed any action necessary coming out of Executive Session.  The meeting would now proceed as shown on the agenda since the matter discussed at the Executive Session was being researched.  The Board reserved the right to go back during this meeting if necessary to take action on the item discussed during the Executive Session.

            Chairman Whitaker called for public input and Mr. Gary Jones addressed the Board.  He stated he read the March County Board minutes and the motion to table was used numerous times and never used correctly.  In order to have actions taken enforceable, there must be compliance with the Rules of Order. He stated there are to be no discussions on a motion to table, it is not debatable, it cannot be amended, and no time frame can be attached to it.  Motions to table for 30 days, till next month, or indefinitely are motions to post-pone.  When a motion is made to table and is then debated, or a time frame is tacked on which makes it unenforceable, the resolution falls into question due to the way it was handled.  Mr. Jones encouraged the Board Members to review the rules.  He concluded by stating that motions, resolutions, ordinances, etc. that require the State’s Attorney’s Office to enforce them, should be reviewed and approved by the State’s Attorney’s Office before being introduced.

             Mr. Art Whited also addressed the Board during public input and stated he hoped the public safety tax would be repealed when there was no debt on the building.  He also requested copies of what had been paid concerning the public safety building.

             The following consent agenda was presented:

             Appointments.

1.      Reappointment of Jim Braker to the Roanoke Fire Protection District Board for another three year term expiring 5/13/09.

2.      Reappointment of John Schaer to the Spring Bay Fire Protection District for another three year term expiring May 1, 2009.

3.      Reappointment of Bolden L. Malcom to the Board of Review for another two year term expiring June 1, 2008.

4.      Reappointment of Shirley A. Miller to the Board of Review for another two year term expiring June 1, 2008.

5.      Reappointment of Caroline Schertz to the Workforce Development Board for a two year term expiring May 1, 2008.

6.      Appointment of Janet Griffin for the Linn Mt. Vernon Cemetery Association for a three year term expiring 4/30/09.

Petitions, Resolutions, and/or Motions.

1.      Resolution #089 Public Transportation Financial Assistance.

2.      Resolution #083 Purchase of Jury Selection Program from Maximus for Circuit Clerk Office.

3.      Resolution #091 Renewal ESRI (GIS) contract.

4.      IDOT request for GIS Data Fee Waiver.        

5.      Resolution #093 ISGS (Illinois State Geological Society) request for GIS Data Fee Waiver.

The following were pulled from the Petitions, Resolutions, and/or Motions portion of the Consent Agenda for further discussion:

Mr. Karr requested Item #1.

Mr. Joseph requested Item #4.

Mr. Simpson moved to accept the remainder of the Consent Agenda, which motion was seconded by Mr. Adams and was unanimously carried.

Mr. Karr stated he would like some clarification on Resolution #089.  It was pointed out the resolution authorizes application for Public Transportation Financial Assistance under Section 5311 of the Federal Transit Act of 1991, as amended (49 U.S.C. § 5311).  This resolution in needed by We Care, Inc. in regard to the Illinois Department of Transportation State Fiscal Year 2007 Section 5311 Non-Metro Public Transportation Operating Assistance Grant Application and Intercity Bus Grant Application.  Additional signatures of the Chairman would be required for this grant application.

Mr. Karr moved to approve Resolution #089,which motion was seconded by Mr. Griepentrog and was unanimously carried.

Mr. Joseph stated additional information was received in regard to Item #4 (IDOT Request for GIS Data Fee Waiver) that needed to be discussed by the Committee.  This should be pulled from the agenda as nothing was sent in the Board packets in this regard.

Mr. Luedtke moved to approve Resolution #072 (Amending Resolution #055 Authorizing the Purchase and Full Payment for a Computer Assisted Mass Appraisal (CAMA) System and the Special Appropriation of Funds for Purchase and Implementation), which motion was seconded by Mr. Booth.

Administrator Jackson stated Resolution #072 regarding the purchase and implementation of the CAMA System was presented at the April Board Meeting as a transfer of funds from the Contingency line item and should have been for a special appropriation, as shown on this resolution.  This is a housekeeping matter.

Chairman Whitaker called for a roll call vote.  County Board Members voting Aye: Larry Whitaker, Kenneth Uphoff, Doug Simpson, Caroline Schertz, Fred Luedtke, R. Joel Lemkemann, Peter Lambie, Thomas Karr, Gary A. Joseph, Robert Hunsaker, David Griepentrog, and James Booth.  County Board Members voting Nay: John Krug, Thomas Evans, and Marcus Adams.  County Board Members absent: None.  Motion carried.

Economic Development Liaison Kyle Ham reported on the windmill projects for Benson, Minonk, and El Paso and that Navitas Energy would review these projects at the Finance Committee meeting next month.  He stated two ethanol plants had looked at sites in Woodford County and that he would be providing monthly updates to the County Board on the Port District.  Mr. Ham would be working with the Finance Committee in regard to the Small Community Grant Program concerning $18,000.00 for three projects.  He is continuing to work on a possible tire-shredding project in El Paso, with a construction company looking to relocate, with two restaurants and their probable requests for revolving loan funds, and with the Washburn Grocery Store. 

Administrator Jackson stated Navitas Energy would probably be requesting special use permits in September.  The Finance Committee is anticipating a large audience at the Navitas Energy presentation in June and is considering holding the meeting at a location where more individuals could be accommodated than in the Board Room.

Clerk Harms presented the claims against the County.

Mr. Griepentrog presented and read Resolution #087 relative to the payment of the submitted claims.

Mr. Griepentrog moved for the adoption of the resolution, which motion was seconded by Mr. Uphoff.  Chairman Whitaker called for a roll call vote.  County Board Members voting Aye: Marcus Adams, James Booth, Thomas Evans, David Griepentrog, Robert Hunsaker, Gary A. Joseph, Thomas Karr, John Krug, Peter Lambie, R. Joel Lemkemann, Fred Luedtke, Caroline Schertz, Doug Simpson, Kenneth Uphoff, and Larry Whitaker.  County Board Members voting Nay: None.  County Board Members absent: None.  Motion carried.

Clerk Harms presented the Claims Paid in Vacation since the last meeting of the Board.

 Mr. Booth moved to approve the Claims Paid in Vacation since the last meeting of the Board, which motion was seconded by Mr. Luedtke. 

Mr. Simpson presented claims to be Paid in Vacation to Verizon in the amounts of $37.66, $79.41, and $152.56, and to Arch Wireless in the amount of $221.41 from the ESDA budget.

Mr. Griepentrog presented a claim to be Paid in Vacation to Illinois Counties Risk Management Trust in the amount of $3,364.00 for the balance due on the workers compensation audit.

Mrs. Schertz moved to add the above claims to be Paid in Vacation, which motion was seconded by Mr. Joseph.

 There were brief discussions on why businesses were not being notified of the dates the bills were needed so they could be approved for payment by the respective committee and how to avoid paying these bills in vacation. Mr. Joseph suggested the Public Safety Committee address this issue and present a recommendation at the next Board meeting after having a discussion with Mr. Hix of the ESDA Department.

Chairman Whitaker concurred these bills be paid and the Public Safety Committee review the matter as suggested by Mr. Joseph.

 Chairman Whitaker called for the vote to add the above claims to be Paid in Vacation, which was unanimously carried.

Chairman Whitaker called for the vote to approve the Claims Paid in Vacation since the last meeting of the Board, which was unanimously carried.

 Treasurer Miller presented the report of the County Treasurer on receipts and disbursements of the General Funds, current fund balances and interfund transfer for the period ending April 30, 2006.  She presented a handout regarding the Revolving Loan Account as of May 1, 2006 as well as a pie chart showing the extension of the 2005 real estate taxes.

Mr. Uphoff reported the Health Insurance meeting of May 11, 2006 did not have a quorum so no action was taken at the meeting.

County Administrator Jackson reported on Macey’s Place Subdivision and stated there were problems with the developer completing the assigned work in regard to such issues as soil erosion, standing water, etc.  These issues could eventually involve the Health Department as well as the Illinois Environmental Protection Agency. There could be a resolution next month requesting further action in response to this developer not fulfilling his obligations.  The County was holding $35,000 in this regard and the attorney for Macey’s Place Subdivision had requested these funds back as they feel this work was completed.   Mr. Simpson questioned if that pool of money could be used to complete their obligation to the County if necessary.

Chairman Whitaker suggested letting the process continue for 30 days and then proceed accordingly.

Chairman Whitaker stated the Board would take a short recess.  The time is approximately 7:45 P.M.

Chairman Whitaker called the meeting back to order at approximately 7:51 P.M.

Chairman Whitaker stated the Board had researched the right to go back and deal with any action coming out of the first Executive Session.  The legal concern regarding a proposed action coming out of the Executive Session had been reviewed and the Board was now ready to proceed.

Mr. Simpson moved the Woodford County Administrator salary for Gregory Jackson be raised by the annual amount of $4,000.00 bringing his annual salary to $66,500.00.  This would be effective for the pay period beginning on May 15, 2006.  Mr. Luedtke seconded this motion.

  Mr. Simpson stated Mr. Jackson was hired at the bottom of the pay scale and no official probationary period had been set.  The passage of this motion would send a message that the County Board was extremely happy with his performance and wants to set his salary at the same level the previous administrator had prior to his leaving.

Chairman Whitaker called for a roll call vote.  County Board Members voting Aye: Larry Whitaker, Kenneth Uphoff, Doug Simpson, Caroline Schertz, Fred Luedtke, R. Joel Lemkemann, Peter Lambie, John Krug, Thomas Karr, Gary A. Joseph, Robert Hunsaker, David Griepentrog, Thomas Evans, and James Booth.  County Board Members voting Nay: Marcus Adams.  County Board Members absent: None. Motion carried.

Chairman Whitaker stated the Board was back to the agenda.

Mrs. Schertz reported the Zoning Board of Appeals did not meet at the end of April.

Clerk Harms presented the list of correspondence to be placed on file for the May 16, 2006 County Board meeting:

·         Regional Office of Education Operating Expenses for April 2006.

·         The 2006/2007 meeting schedule for the Heart of Illinois Regional Port District Board (TransPORT) of Directors as well as the meeting notice for May 18,  2006 at 1:30 P.M.

·         The audited financial statements for The Illinois Funds for Fiscal Year 2005.

·         Minutes of the Finance & Economic Development Committee meeting held April 11, 2006.

·         Minutes of the Road and Bridge Committee meetings held April 5 and April 18, 2006.

·         Minutes of the Public Safety Committee meeting held April 6, 2006.

·         Minutes of the County Offices Committee meeting held April 12, 2006.

·         Minutes of the Executive Committee meeting held April 13, 2006.

·         Minutes of the Information, Technology Strategy Committee meeting held April 6, 2006.

 
Mr. Jackson stated the May County Administrator’s Report was sent in the Board packets and reported on the progress concerning the County’s web page, as well as the Local Government Summit to be held July 20 at Eureka College.

 County Administrator Jackson stated there was discussion at the County Offices Committee concerning the Courthouse clock as the north side does not keep the time accurately and needs to be repaired as does the chiming function.  A repair estimate for $1,800.00 was received.  The Committee is seeking the Board ‘s permission to pursue funding for this clock by contacting the Historical Society or other local non-profit organizations to see if there was an interest in managing this project.  The County would either repair the clock or look to an outside not-for-profit agency for the restoration.

 Discussion followed on whether the County should proceed in obtaining more bids or if this would be a responsibility of the non-profit organization that would manage this project.  Chairman Whitaker suggested the County obtain competitive pricing and to permit the Sheriff, Mr. James Fyke, and himself to discuss this with an organization they have in common about the possibility of doing something to honor one of their members.  This issue should be brought back in 30 days.

 In regard to a question on when Mr. Janssen would be appointed to complete Mr. Hunsaker’s unexpired term as a County Board Member, Chairman Whitaker responded there was a process to be followed by statute that would be adhered to.

 Mr. Luedtke moved to approve Resolution #090 (Authorizing Wage Adjustments and Additional Staff in the State’s Attorney’s Office), which was seconded by Mr. Simpson.

 Mr. Luedtke questioned if an Executive Session should be held for this Resolution.

 Chairman Whitaker stated Items #2 and #3 under Petitions, Resolutions, and/or Motions on the agenda would be acted on prior to the Executive Session.

 Mr. Luedtke presented the certified lists of candidates for election judges for the Democratic Party and for the Republican Party and moved to approve both lists.  Mr. Joseph seconded the motion. 

 Clerk Harms pointed out that Toni Dattilo should be included in the Republican Party’s list as an alternate in Worth 1.  After the Board approves these lists, application would be made to the Circuit Court for a hearing date to confirm and approve the election judges.

 The vote on the motion was called and unanimously carried.

 Mrs. Schertz moved to approve Ordinance #003 (To Provide for Public Transportation in Woodford County, Illinois), which was seconded by Mr. Booth.  This Ordinance is also needed by We Care, Inc. in regard to the Illinois Department of Transportation State Fiscal Year 2007 Section 5311 Non-Metro Public Transportation Operating Assistance Grant Application and Intercity Bus Grant Application.  Chairman Whitaker called for a roll call vote.  County Board Members voting Aye: Marcus Adams, James Booth, Thomas Evans, David Griepentrog, Robert Hunsaker, Gary A. Joseph, Thomas Karr, John Krug, Peter Lambie, R. Joel Lemkemann, Fred Luedtke, Caroline Schertz, Doug Simpson, Kenneth Uphoff, and Larry Whitaker.  County Board Members voting Nay: None.  County Board Members absent: None.  Motion carried.

 Mr. Luedtke moved the County Board go into Executive Session under 5 ILCH 120/2 Sec 2 (c1).  Mr. Simpson seconded this motion and a roll call vote was taken.  County Board Members voting Aye: Larry Whitaker, Kenneth Uphoff, Doug Simpson, Caroline Schertz, Fred Luedtke, R. Joel Lemkemann, Peter Lambie, John Krug, Thomas Karr, Gary A. Joseph, Robert Hunsaker, David Griepentrog, Thomas Evans, James Booth, and Marcus Adams.  County Board Members voting Nay: None.  County Board Members absent: None.  Motion carried.

The time was approximately 8:15 P.M.

 The County Board Members, State’s Attorney Stroh, County Administrator Jackson, and County Clerk Harms stayed for this session as well as Mr. James Fyke, Mr. Stanley Glazer, and Mr. Gary Jones.

 Chairman Whitaker stated that Resolution #090 would be addressed when the Board came out of Executive Session.

 The time was approximately 8:30 P.M.

 County Administrator Jackson explained the Woodford County State’s Attorney Salary Analysis spreadsheet that he prepared.  He stated this spreadsheet was based on a five county comparison with 2002 budget data and that he had made a consumer price adjustment from the 2002 data.  He stated Resolution #090 was for $28,556.40 through a special appropriation for the time left in this fiscal year.

Mrs. Schertz moved to amend Resolution #090 by inserting the words “State’s Attorney” after the word “assistant” in paragraphs 9 and 10, which motion was seconded by Mr. Simpson and was carried.  Nay votes were cast.

It was pointed out there had been four Assistant State’s Attorneys in five years and the State’s Attorney had been busy prosecuting criminal cases and this was an effort to have more timely responses in regard to civil areas.  It was also pointed out that Woodford County had not increased in size from when Judges Huschen and Feeney were State’s Attorneys.

State’s Attorney Stroh stated Woodford County was probably one of the most efficient State’s Attorney Offices in comparison to other counties of similar size, had a high conviction rate in felony cases, and that he was very proud of their work.  If the Board voted against this Resolution, the Office would continue to work within the confines of the budget but urged for the opportunity to work at a higher level.

Mr. Adams stated he would like to have a motion to separate Resolution #090 and supported increasing the office manager’s salary due to the finding of the wage equity study and the inequity found there.  He would not be in support of the rest of the Resolution.

County Administrator Jackson and Chairman Whitaker questioned if the intent was to have three separate motions and amend Resolution #090.  Motion for #090A would address paragraph 9 (“WHEREAS, the County Offices Committee recommends that the State’s Attorney hire a higher qualified Assistant (State’s Attorney) at a maximum pay level of $70,000 per year”).  Motion for #090B would address paragraph 10 (“WHEREAS, the County Offices Committee recommends that the State’s Attorney hire a Junior Assistant (State’s Attorney) at a maximum pay level of $40,000 per year”).  Motion for #090C would address paragraph 11 (“WHEREAS, the County Offices Committee recommends an increase in the office manager’s salary to $31,200 per year, in lieu of hiring an additional administrative assistant”).  He would be making a motion to amend and have a #090A, #090B, and #090C with a vote taken on each.

Mr. Adams moved to amend and “break” Resolution #090 into three separate motions, which was seconded by Mr. Lambie. 

Chairman Whitaker stated the amendment would be voted on first and then each of the three motions.

Mr. Gary Jones requested permission to address the Board, which was denied by Chairman Whitaker.

Mr. Adams moved to suspend the rules and permit Mr. Jones to address the Board, which was seconded by Mr. Lambie.  The vote was taken but the outcome could not accurately be determined, so Chairman Whitaker called for a roll call vote.  County Board Members voting Aye: Marcus Adams, James Booth, Thomas Evans, Gary A. Joseph, Thomas Karr, John Krug, Peter Lambie, and Doug Simpson.  County Board Members voting Nay: David Griepentrog, Robert Hunsaker, R. Joel Lemkemann, Fred Luedtke, Caroline Schertz, Kenneth Uphoff and Larry Whitaker.  County Board Members absent: None.  Motion carried.

Mr. Jones stated if the person who initiated the original resolution withdrew the resolution, then a new resolution could be introduced.  An amendment cannot be introduced to kill a resolution and then rewrite it.  If the County Board did this, he would file an objection.  If you do not like a resolution, the person who introduced it should withdraw it and then introduce the new one; otherwise, vote on the one on the floor.  Currently there was a motion on the floor on a Resolution that had been amended once and if another amendment was made, the issue could get “sloppy”.

Mr. Adams moved to come back into session under the County’s rules, which motion was seconded by Mr. Krug and was unanimously carried.

There was a brief discussion on whether or not the rules would be broke.  Chairman Whitaker call for a roll call vote on the original resolution as amended in paragraphs 9 and 10.  It was noted the amended Resolution would need to pass by two-thirds (2/3) as it called for a special appropriation.  County Board Members voting Aye: Larry Whitaker, Doug Simpson, Caroline Schertz, Fred Luedtke, R. Joel Lemkemann, Gary A. Joseph, Robert Hunsaker, David Griepentrog, and James Booth.  County Board Members voting Nay: Kenneth Uphoff, Peter Lambie, John Krug, Thomas Karr, Thomas Evans, and Marcus Adams.  County Board Members absent: None.  Motion failed as the Resolution did not receive two-thirds (2/3) of the vote.

Mr. Karr moved to place all communication on file, which motion was seconded by Mr.  Uphoff and was unanimously carried.

Mr. Simpson moved to adjourn until 6:30 P.M. the third Tuesday in June A.D. 2006, same being the 20^th day of said month, which was seconded by Mr. Hunsaker and was unanimously carried.

Chairman Whitaker announced the Board adjourned.