November 8th, 2005

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Montgomery County Board Minutes For Tuesday, November 8th, 2005 – 8:30 AM The following are minutes of a regular meeting of the Montgomery County Board held at 8:30 AM on Tuesday, November 8th, 2005 in the County Board Chambers of the Historic Courthouse, Hillsboro, Illinois. The meeting was called to order by County Board Chairman Mike Havera. Roll call was taken, 21 members present, 0 absent. Members Present: Nelson Aumann, Mary Bathurst, George Blankenship, Terry Bone, Bonnie Branum, Ronald Deabenderfer, Toby Dean, John Downs, Robert Durbin, Mike Havera, Dave Heaton, Edward Helgen, Keith Horn, Dennis Jagodzinski, Frank Komor, Roger Myers, Dale Ogden, Glenn Painter, Don Petty, Mike Plunkett, Bill Sielschott. Members Absent: none Pledge of Allegiance to the flag was given. Mileage and Per Diem Approval: Motion by Aumann, second by Ogden to approve the mileage and per diem. All in favor, motion carried. Approval of Minutes of Previous County Board Meeting: Motion by Painter, second by Myers to approve the Minutes of the Previously Recessed County Board Meeting held on Tuesday, October 11th, 2005. All in favor, motion carried. CONSENT AGENDA: 1. Circuit Clerk’s Report – submitted. 2. County Treasurer’s Report – Ron Jenkins was present for questions and reported that the annual Tax Sale will be held on Monday, November 14th, 2005 at 9:00 AM in the County Board room. 3. County Clerk and Recorder’s Report – Sandy Leitheiser was present for questions and complimented the Health Department’s Nursing staff on their professionalism in administering the Flu Vaccination clinics throughout the county. Leitheiser was present at some of the clinics demonstrating the new voting equipment. 4. Sheriff’s Report – Jim Vazzi was present for questions. 5. Health Department Report – Hugh Satterlee was present for questions. 6. T.B. Department Report – Jodi Huber was present for questions. 7. Public Defender’s Report – submitted. 8. Probation Office Report – submitted. 9. 911 Report – submitted. APPROVAL OF 9 ITEMS ON THE CONSENT AGENDA: Motion by Petty, second by Durbin to approve the 9 office reports on the Consent Agenda. All in favor, motion carried. COMMITTEE REPORTS: COORDINATING COMMITTEE REPORT: Given by Chairman Mike Havera as follows: 1. Landfill Update: Tim Johnson from Litchfield-Hillsboro Landfill was present to give an update of the current capacity of the landfill. Johnson stated that since Allied Waste took over the landfill in 1999, they have made great improvements there, and currently own 352 acres of land, but confirmed that only 60 acres has been permitted. Johnson reported that there are 7 cells in use at the landfill, except 18 acres on the east and southeast sides that are in final closure. With the current acceptance of approximately 200 tons per day brought into the landfill, it is estimated that the life expectancy of the landfill could be as much as 32 more years. 95% to 98% of the waste that is hauled into the landfill is from Montgomery County. Johnson stated that there has been some concern regarding the moving of some dirt toward the entrance into the landfill, but reported that the dirt is from a “borrow pit” to be used as cover for cells that are in the process of being closed. Currently, methane gas is burned off of 22 active gas wells at the landfill and 5 more will be added in December. Member Helgen asked about a cemetery that is in the area of the landfill. Johnson reported that there is a cemetery on the property, but it is not in the permitted area. The landfill is open from 7:00 AM until 4:00 PM Monday thru Friday and occasionally on Saturdays when a Holiday has interrupted one of the work days. Member Deabenderfer asked about the steps that are taken when toxic waste is involved as trash is hauled to the landfill, and Johnson assured him the landfill follows all federal and state regulations relating to toxic waste. Member Don Petty stated that he has been in the waste hauling business for 46 years and reported that the Litchfield-Hillsboro landfill is better than any other landfill in the area. Petty stated that if the landfill was to move out of Montgomery County, local residents would pay a lot more for trash pick up and removal. Rita Boucher attended the HWE Committee meeting with concerns about the landfill and was invited to attend the full board meeting to air her concerns, but did not show. FINANCE COMMITTEE REPORT: Given by Chairman Bill Sielschott as follows: 1. Cathy Edmiston: Sielschott reported that Cathy Edmiston came to the Finance Committee meeting to speak on issues she has with the potential of longwall mining in Montgomery County. Edmiston asked that she be put on the Full Board Agenda to speak to all the members about her concerns. Sielschott turned the floor over to Ms. Edmiston. (See Attached Copied Statement as read by Cathy Edmiston at the Full Board meeting, Book 5, pages 337-339.) Havera asked Ms. Edmiston about research she may have completed on the longwall mines located in Illinois. Edmiston replied she had not. Illinois personally. Havera stated that according to the Illinois Department of Natural Resources, over the past 30 to 40 years there have been 12 longwall mines in Illinois with no major problems reported to date. Havera stated that the make up of the soil in Illinois is different from the soil in Pennsylvania. Edmiston stated that an attorney told her that the county still owns the coal rights and that the coal company only has an option agreement with Montgomery County. Havera stated that the county is under contract with the coal company and not an option agreement, and that the contract allows them to use whatever mining method allowed by federal and state regulations. Chairman Havera stated that the coal company has informed him that only 40% of the coal rights that the county sold has subsidence rights with the coal rights and the other 60% of the coal rights did not have subsidence rights attached, so the coal company will have to negotiate with the individual landowners to obtain subsidence rights. Some audience members responded to the comments made by Havera regarding the issue of subsidence rights and stated that the money did not matter, and that they wanted room and pillar mining versus longwall mining because of the possible permanent destruction it could cause to the surface of the land. Havera stated that he would have liked to see room and pillar mining opposed to longwall mining because it would mean more jobs, but the county is under contract with the coal company and it is now between the coal company and the landowners. Havera also stated that the county has never advocated longwall mining. An audience member asked why the board did not make known publicly that they preferred room and pillar instead of longwall mining. State’s Attorney Roberts stated that the county signed a contract with the coal company, Colt Coal, LLC, and are now under legal obligation to keep that contract and sell those coal rights. Only Colt Coal, LLC now has the option of not exercising the contract, which will complete the sale in full. 2. Court Appointed Council Update/Approval: Sielschott reported that Judge Long was present at the Finance Committee to discuss Court Appointed Councils. Judge Long stated that the Court Appointed Councils are seeking an increase in fees for Conflict Public Defender work. Court Appointed Judges have been getting paid $60.00 per hour for Conflict Public Defender work for the past three years, and are seeking to raise this amount to $65.00 per hour. The current expense is about $100,000 per year for Court Appointed Council. Motion by Sielschott, second by Petty to compensate the Court Appointed Councilors at the rate of $65.00 per hour for Conflict Public Defender work. All in favor, motion carried. 3. Senior Citizen Mileage for Meal Delivery Approval: Sielschott stated that there was a request for mileage reimbursement for home delivered meals for the Golden Circle Nutrition program, after the budget & levy were set. Sielschott stated that the committee had decided to reimburse mileage at $.20 per mile, which will come out of Golden Circle Nutrition’s budget for FY 2006 and the full mileage expense at $.40 per mile would be budgeted and levied for Fiscal Year 2007. Motion by Sielschott, second by Petty to approve .20 cents per mile reimbursement for meal deliveries for the Fiscal Year 2006 and to budget and levy accordingly for monies to come out of the current budget amount of the Senior Citizen mileage expense in Fiscal Year 2007. All in favor, motion carried. 4. Resolution #05-23, Approval to Convey Tax Deed on Parcel ID# 13-000-530-00 located in the Village of Raymond: Motion by Sielschott, second by Ogden to convey tax deed on parcel ID #13-000-530-00 located in the Village of Raymond. All in favor motion carried. (See Resolution Book 5, page 340-343). 5. Resolution #05-24 to Amend Fiscal Year 2005 Appropriations Ordinance: Sielschott reported that the Fiscal Year 2005 Appropriations Ordinance needed to be amended. Motion by Sielschott, second by Aumann to approve the Resolution to amend the Fiscal Year 2005 Appropriations Ordinance. All in favor, motion carried. (See Resolution Book 5, page 344). 6. Approval of FY 2006 Levies: Resolutions read by State’s Attorney Jim Roberts: 7. Resolution #05-25: Resolution adopting Fiscal Year 2006 Financial Appropriation Ordinance totaling the sum of $16,343,263.00. Motion by Sielschott, second by Bone. All in favor, motion carried. (See Resolution Book 5, page 345). 8. Resolution #05-26: Resolution to pass tax levy for the General Corporate Fund for the current taxable year, in the sum of $637,875.00. Motion by Sielschott, second by Blankenship. All in favor, motion carried. (See Resolution Book 5, page 346). 9. Resolution #05-27: Resolution to pass tax levy for the County Health Department, in the sum of $315,000.00 Motion by Sielschott, second by Blankenship. All in favor, motion carried. (See Resolution Book 5, page 347). 10. Resolution #05-28: Resolution to pass tax levy for the Illinois Municipal Retirement Fund, in the sum of $700,000.00. Motion by Sielschott, second by Painter. All in favor, motion carried. (See Resolution Book 5, page 348). 11. Resolution #05-29: Resolution to pass tax levy for the Social Security Fund, in the sum of $500,000.00. Motion by Sielschott, second by Downs. All in favor, motion carried. (See Resolution Book 5, page 349). 12. Resolution #05-30: Resolution to pass tax levy to pay the costs of Insurance Premiums, in the sum of $300,000.00. Motion by Sielschott, second by Durbin. All in favor, motion carried. (See Resolution Book 5, page 350). 13. Resolution #05-31: Resolution to pass tax levy for the Tuberculosis Care and Treatment Fund, in the sum of $64,460.00. Motion by Sielschott, second by Aumann. All in favor, motion carried. (See Resolution Book 5, page 351). 14. Resolution #05-32: Resolution to pass tax levy for the County Highway Fund, in the sum of $315,000.00. Motion by Sielschott, second by Branum. All in favor, motion carried. (See Resolution Book 5, page 352). 15. Resolution #05-33: Resolution to pass tax levy for the County Highway Federal Aid Matching Fund, in the sum of $157,500.00. Motion by Sielschott, second by Jagodzinski. All in favor, motion carried. (See Resolution Book 5, page 353). 16. Resolution #05-34: Resolution to pass tax levy for the Special Aid to County Bridge Fund, in the sum of $157,500.00. Motion by Sielschott, second by Heaton. All in favor, motion carried. (See Resolution Book 5, page 354). 17. Resolution #05-35: Resolution to pass a levy for the County Extension Service, in the sum of $146,000.00. Motion by Sielschott, second by Deabenderfer. All in favor, motion carried. (See Resolution Book 5, page 355). 18. Resolution #05-36: Resolution to pass levy for Senior Citizen Social Services in the sum of $50,000.00. Motion by Sielschott, second by Blankenship. All in favor, motion carried. (See Resolution Book 5, page 356). 19. Resolution #05-37: Resolution to pass levy for Veterans Assistance in the sum of $62,000.00. Motion by Sielschott, second by Ogden. All in favor, motion carried. (See Resolution Book 5, page 357). 20. Resolution #05-38: Resolution to set Salaries for the following Department Heads: Supervisor of Assessments - $42,860.00, Probation Officer - $38,920.00, and Assistant Probation Officers - $133,558.00. Motion by Sielschott, second by Downs. All in favor, motion carried. (See Resolution Book 5, page 358). 21. Resolution #05-39: Resolution to Authorize State’s Attorney Appellate Prosecutor and to appropriate the sum of money not to exceed $11,000.00. Motion by Sielschott, second by Plunkett. All in favor, motion carried. (See Resolution Book 5, page 359-360). 22. PASSING THE FY 2006 Budget & Revisions: Motion by Sielschott, second by Jagodzinski to approve the Fiscal Year 2006 Budget and Revisions, which includes all the for mentioned levies and appropriations. All in favor, motion carried. 23. Enterprise Zone Mapping Update/Approval: The committee discussed the approval of hiring Bruce Harris and Associates to put the Enterprise Zone legal descriptions on the GIS Mapping systems for approximately $5,700. The fee will come out of the GIS fund for Fiscal Year 2006. Motion by Sielschott, second by Downs to approve the hiring of Bruce Harris and Associates to put the Enterprise Zone legal descriptions on the GIS Mapping system for approximately $5,700 to come out of the FY 2006 GIS fund. All in favor, motion carried. ROAD AND BRIDGE COMMITTEE REPORT: Given by Chairman Bonnie Branum as follows: 1. Plat Act Resolution #05-40 Approval: Branum reported that County Clerk/Recorder Leitheiser addressed the Road and Bridge Committee regarding the need to pass a Plat Act Resolution. The resolution requires a Plat Act Affidavit form be completed and attached to every land transfer document, which will go into effect January 1, 2006. Motion by Branum, second by Dean to approve the Plat Act Resolution. All in favor, motion carried. (See Resolution Book 5, page 361). 2. Stokes Subdivision Approval: Branum reported that Carl Nail addressed the Road and Bridge Committee regarding a proposal for a final plat for the Stokes Addition in South Litchfield Township. Motion by Branum, second by Komor to approve the final plat for the Stokes Addition in South Litchfield Township. All in favor, motion carried. 3. EXECUTIVE SESSION - PERSONNEL ISSUES UPDATE/APPROVAL: Branum reported that the board needed to go into Executive Session to discuss personnel issues at the Highway Department. Motion by Branum, second by Aumann to go into Executive Session to discuss personnel issues. All in favor, motion carried. The Full Board went into Executive Session at 9:40 AM. 4. Motion to come out of Executive Session: Motion by Branum, second by Jagodzinski to come out of Executive Session and return to the regular Full Board agenda. All in favor, motion carried. (Time: 10:10 AM) 5. Action on Executive Session Issues: Motion by Branum, second by Bone that on behalf of the Road and Bridge Committee the county will not renew Amy Giesing’s Resolution as Montgomery County Highway Engineer, which expires on May 30th, 2006. All in favor – Roll Call Vote – 19 voting yes – 2 voting no – Ed Helgen and Roger Myers. Motion carried. HWE COMMITTEE REPORT: Given by Chairman Bob Durbin as follows: 1. Property Casualty & Workers Compensation Insurance Premiums Proposal Approval: Durbin reported on the Insurance Premium Renewal Proposal in the amount of $259,977. The proposal is from Insurance Program Managers Group LLC for Property Casualty and Workman Compensation Insurance for 2005-2006. Motion by Durbin, second by Ogden to approve the ICRMT Insurance quote of $259,977 annually. All in favor, motion carried. Durbin stated that the county would save on interest if the $259,977 was paid in one lump sum. Motion by Durbin, second by Petty to pay the Insurance Premium one time annually in the amount of $259,977. All in favor, motion carried. 2. AutoMark Voting Equipment Purchase Approval: Durbin stated that the purchase proposal quote was submitted by Election Systems and Software for $156,010. The grant is for $210,000 and after the purchase of the Voting Equipment in the amount of $156,010 the remaining balance of $53,990 will be used for public polling place ADA needs. Motion by Durbin, second by Helgen to approve the purchase of the ADA Automark voting equipment for $156,010. All in favor, motion carried. 3. Approval of Bid on Concrete Pads for Polling Places: Only one bid from Kirby Furness Concrete was received in the amount of $30,750 to complete the concrete pads for eight public polling places to bring them up to ADA standards. Motion by Durbin, second by Bathurst to approve the bid from Furness Concrete in the amount of $30,750 to complete concrete work on eight public polling place parking lots to meet ADA standards. All in favor, motion carried. 4. Special Meeting Date with County Veterinarians: Durbin reported that a special meeting will be held on Monday, November 21st, 2005 at 6:00 PM in the County Board Room of the Historic Courthouse with area veterinarians to discuss the newly passed County Animal Control Ordinance and the newly enrolled House Bill 315. 5. Informational “Live Meeting” Update on the newly enrolled House Bill 315: Durbin reported that ASPCA (American Society for the Prevention of Cruelty to Animals) would be hosting a “Live Meeting” through the internet on November 8th, 2005 at 1:00 PM. There will be another Live Meeting set for November 14th, 2005 at 10:00 AM. The informational meeting will be to answer questions on the enrolled HB315, which was passed by the State on August 23rd, 2005. The speaker will be Ledy VanKavage with ASPCA. PERSONNEL COMMITTEE REPORT: Given by Chairman John Downs as follows: 1. Jailers/Dispatchers Union Update: Downs stated that meetings continue with union employees regarding the possibility of changing the Jailers/Dispatchers Union representation to the F.O.P. 2. Employee Christmas Luncheon Update: The annual County Employee Christmas Party this year will be a luncheon held in the county board room of the Historic Courthouse on Thursday, December 22nd, 2005 between the hours of 11:00 AM until 2:00 pm. 3. County Insurance Update: Downs stated that IBG has failed to respond to a claim, which has been filed against IBG in Montgomery County Court. BUILDINGS AND GROUNDS COMMITTEE REPORT: Given by Chairman Glenn Painter as follows: 1. ADA Signs Update: Painter reported that the ADA signs have been posted in the Historic Courthouse. ESDA/AMBULANCE COMMITTEE REPORT: Given by Chairman Dennis Jagodzinski as follows: 1. Ambulance Call Reports: A summary of monthly operations for October 2005 is as follows: Total calls: 336; Total amount billed: $135,059.00; Total amount collected: $47,929.31. 2. Part Time Employee to Full Time Employment Update: As of December 1st, 2005 part time office assistant Cathy Ulrici will be moving up to full time office worker in the EMA/Ambulance Office. 3. Director Holmes Report: a. Radio License: Jagodzinski stated that the radio license for Montgomery County EMA that expired in November of 2002 will cost $725.00, but that this would reinstate the old call sign KTO 479 and radio frequency 154.955. If the county would have reapplied for a new number and call sign, every radio in the county would have needed to be reprogrammed for the new EMA/ESDA frequency. b. HazMat Training Update: Jagodzinski reported that the County HazMat Team has completed the final step in HazMat Training and are now considered a Tech. B Unit. The team completed their training October 30th, 2005 at Nokomis Fire Department. The funds for training, which ranged from operations level to technician level, were provided by a grant from the Department of Homeland Security Region 16. Jagodzinski reported that without these resources the cost would have been well over $10,000 to the county. c. Illinois Policing Institute: Jagodzinski reported that EMA received 211 Gas Masks, Filters, Monocles, and carrying cases from the Illinois Policing Institute. The equipment will be distributed to the following areas: Public Health, EMS, Public Works, and EMA. d. Table Top Training Exercise: Jagodzinski stated that in February 2006, EMA will be hosting a Table Top Training Exercise for Resource Management, Public Works, Information Management, and the Public Information Officer. The exact date has not been confirmed. e. Disaster Training Update: Jagodzinski reported that due to the problems encountered with Hurricane Katrina, the State will be requiring more training and exercises regarding disasters. Illinois is currently ranked 3rd in the nation in their level of emergency management preparedness. California is ranked 1st and New York is 2nd. ECONOMIC DEVELOPMENT COMMITTEE REPORT: Given by Chairman Mike Plunkett as follows: 1. Enterprise Zone Mapping Update/Approval: Plunkett reported that the committee discussed getting the Enterprise Zone maps updated and placed on the GIS Mapping System. There are numerous legal descriptions to be read through and outlined for the county. Bruce Harris and Associates would be able to read through the descriptions and place on the County’s GIS Mapping System for approx. $5,700. 2. FutureGen Project Update and Resolution #05-41 Approval: Plunkett stated Jerry Costello and John Shimkus recently held a meeting in Marion, Illinois to get support for southern Illinois be the site selected for the $1 Billion Federal project called FutureGen, which will build a zero emissions power plant fed by coal in Southern Illinois. Motion by Plunkett, second by Bathurst to approve the Resolution supporting the FutureGen project to be located in Southern Illinois. All in favor, motion carried. (See Resolution Book 5, page 362). 3. Clean Up Site of Kerr McGee Station in Raymond Update: Plunkett reported that the county received an application from the State Fire Marshall’s office for a permit concerning the clean up of the Raymond Kerr McGee Station that the county would need to complete and return to the Illinois EPA, and stated that the site should be completely cleaned up by December 2006. Member Dean, who also serves as a Raymond Village Trustee, reported that the project to remove the underground tanks is on schedule and work should begin by November 20th, 2005. A $35,000 grant for the cleanup should be sent to the village by the end of December 2005. 4. GIS Update: Plunkett stated that the oversight committee for GIS interviewed three people for the Temporary Part Time Data Entry position, and the committee hired Mary Purcell of Hillsboro for the temporary job. Plunkett reported that the committee also discussed Litchfield’s request to enter into an agreement with the county for GIS Mapping Services. APPROVAL OF 7 COMMITTEE REPORTS: Motion by Bone, second by Durbin to approve the 8 committee reports. All in favor, motion carried. CHAIRMAN’S REPORT: Given by Chairman Mike Havera as follows: ANNOUNCEMENTS: None SCHEDULE CHANGES: The Personnel Committee meeting that was scheduled for Thursday, November 17th, 2005 has been rescheduled for Friday, November 18th, 2005 at the same time of 8:30 AM in the County Board Room of the Historic Courthouse. APPOINTMENTS: Motion by Dean, second by Ogden to approve the reappointment of Randall Riemann to the Pitman Zanesville #2, County Zone #33, Drainage District for a three year term. All in favor, motion carried. Motion by Jagodzinski, second by Petty to approve the reappointment of Joe Gasparich to the Emergency Telephone System Board for a four year term, beginning December 1st, 2005. All in favor, motion carried. Motion by Jagodzinski, second by Branum to approve the reappointment of Lynn Shepherd to the Emergency Telephone System Board for a four year term, beginning December 1st, 2005. All in favor, motion carried. PAY BILLS: Motion by Blankenship, second by Plunkett to pay all approved bills. All in favor, motion carried. For itemized listing of bills paid, refer to Accounts Payable Book for FY 2005. ADJOURN: Until the Regular Monthly Meeting on Tuesday, December 13th, 2005 at 8:30 AM in the County Board Room, Historic Courthouse, Hillsboro, IL. Motion by Painter, second by Branum to recess the Full Board Meeting. All in favor, motion carried. Meeting recessed at 10:35 AM.