FULTON COUNTY BOARD
September 13, 2022
Chairman Roger P. Clark called the Regular Session, September 13, 2022, meeting to order at
6:32 p.m. in Courtroom 201 at the Fulton County Courthouse in Lewistown, IL.
County Clerk Patrick J. O’Brian called the roll and found the following members present: Quorum was present. (Present-P; Absent-A)
|Cindy Arnett – P
||Vicki S. Hoke – P
||Brian Platt – P
|Barry Beck – P
||Donna Hudson – P
||John Spangler – P
|Stan Berry – P
||Laura Hepp Kessel – P
||John E. Taylor – P
|Steve Bohler – P
||Dan Kumer – P
||Lisa Thompson – P
|Roger Clark – P
||Nestor Madson – P
||Karl Williams – P
|Mary Deushane – P
||BJ McCullum – P
||Heidi Wilner – A
|Susan Duquenne – P
||Craig Medus – A
Elected/Appointed Officials Staci Mayall- Treasurer, Patrick O’Brian – County Clerk, Julie Russell – Supervisor of Assessment, Charlene Markley – Circuit Clerk, Chris Helle – ESDA/ETSB Director,
Staff – Cindy Simpson – Fulton County Administrative Assistant, Audra Miles – Comptroller
Guests – Matt Klaska – Superintendent V.I.T. School
Media- John Froehling – Fulton Democrat
ACCEPTANCE OF MINUTES
A. Special Session – July 19, 2022
Member Bohler moved to accept the minutes and place on file the regular session July 19, 2022 minutes with a second from Member McCullum. Motion carried by roll call vote (18-0).
B. Regular Session – August 9, 2022
Member Deushane moved to accept the minutes and place on file the regular session August 9, 2022 minutes with a second from Member Thompson. Motion carried by roll call vote (18-0).
ADDITIONS/DELETIONS TO AGENDA
Member Kessel pulled from the action agenda Health #1. Member Spangler pulled from the action agenda Finance #3.
Member McCullum moved to approve the amended agenda with a second from Member Bohler. Motion carried by roll call vote (18-0).
ANNOUNCEMENTS, COMMUNICATIONS AND CORRESPONDENCE
A. Cole McDaniel – SRPED quarterly report – will report in October
B. 9th Judicial Circuit Calendar, 2023 Legal Holidays
A. Discussion/Action: Resolution: Fulton County Disaster Proclamation
Member Thompson moved to approve the resolution with a second from Member Beck. Motion carried by roll call vote (18-0).
PUBLIC REMARKS: None
Member McCullum moved to approve the consent agenda with a second from Member Madson. Motion carried by roll call vote (18-0).
Claims- Sheriff, Jail, Board of Review, Zoning, County Board, 3Q FY22 County Board Mileage & Per Diem, Miscellaneous, 3Q FY22 Wellness Benefit, Public Defender, County Tourism and EDC, Merit, Property, Supervisor of Assessments, ESDA, Animal Control, Highway, VAC, Clayberg, Camping & Recreation, Spay/Neuter Program, Fulton County Public Transportation, ARPA
Reports- Animal Control, Treasurer, FCCRA POS Report, VAC, Zoning
Other Reports- Public Defender, State’s Attorney/Circuit Clerk, Sheriff, County Clerk
a. Resolution: Dwayne Bernard, M.D. – Reappointment – Fulton County Board of Tuberculosis
b. Resolution: Marla Reneau – Reappointment – Fulton County Board of Tuberculosis
c. Resolution: Mark A. Kerley – Appointment Trustee – Cuba Fire Protection District
D. PROPERTY & COURTS
a. Kone Elevator Agreement
a. General Fund Transfer
b. Other Funds Transfers
c. General Fund Immediate Emergency Appropriations
i. Resolution: $9,862.00 Immediate Emergency Appropriation from Unappropriated Funds in the General Fund to Elections Fund line item #001-060-585128 HAVA Grant expense
ii. Resolution: $19,580.00 Immediate Emergency Appropriation from Unappropriated Funds in the General Fund to Elections Fund line item #001-060-535100 Office Supplies & Expenses
iii. Resolution: $5,000.00 Immediate Emergency Appropriation from Unappropriated Funds in the General Fund to Animal Control Fund item #001-074-570100 Vehicle Purchase
iv. Resolution: $29,700.00 Immediate Emergency Appropriation from Unappropriated Funds in the General Fund to Property & Grounds Fund to item #001-048-570152 Jail Improvements-DCEO Grant
d. Other Fund Immediate Emergency Appropriations
e. Trustee Parcels
f. Resolution: Authorizing Execution and Amendment of Downstate Operating Assistance Grant
g. Fulton County Rural Transit Fleet Van #2 approval of the sale
h. Release of RFP for new election voting machines
PUBLIC SAFETY & CAMPGROUND
a. Resolution: Approving Aid for Structure 029-3162 Pleasant Township
Treasurer Mayall reported County General expenditures of $882,539.79 and revenue of $882,426.82. The deficit for August is $112.97. The current yearly surplus in County General is $3,024,632.06.
The delinquent notices will be sent September 15, 2022 and the tax sale will be the end of October.
All county assets are listed on the composition and cash report and the total assets are $42,187,449.60.
1. Discussion/Action: Resolution: Hampton Subdivision – Mary Hampton
Member Thompson inquired about a copy of the plat. Member Thompson stated Lake View Drive is not noted as a public right of way.
Member Bohler moved to approve the resolution with a second from Member Kumer. Motion carried by roll call vote (17-1) with Member Thompson voting nay.
2. Discussion/Action: Co2 Pipeline – April Tatham
April Tatham discussed the Co2 Pipeline and provided materials to board members. There are concerned citizens attending the Fulton County Board meeting. April discussed on May 26, 2022, the US Department of Transportation Pipeline of Hazardous Material administration released a report concerning the current safety regulations in place and including those around emergency planning are insufficient for the new proposed building of the Co2 Pipeline. On June 6, 2022 the following advisory statement was issue: “All owner and operators of gas and hazardous liquid pipelines including critical Co2 pipelines are reminded that earth movement particularly in steep and rugged terrain and terrain with varying or changing surfaces with geologically conditions can pose a threat to a pipeline. Additional heavier than normal rain falls and higher temperature resulting in soil saturation and flooding or soil erosion may impact soil stability surrounding or supporting nearby pipeline facilities.”
April stated in Satartia, Mississippi, it took two years from the time the accident occurred to complete the investigation of the pipeline failure.
With the lack of safety and set back regulations within the state and federal levels. Zoning Ordinances are going to fall on county boards. April discussed the proposed map of the pipeline from Navigator may have changed the map of the pipeline path. A new proposed map has not been shared by Navigator. April stated within the proposed pipeline map there are 200 homes with in one mile and 300 homes that are within 75 to 300 feet of the pipeline.
April discussed Satartia was over a mile away and was never considered a problem when the accident happened. April asked the Fulton County Board to intervene in the ICC process and adopt a 6-month moratorium on the Co2 Pipeline. This would give the county time to fully evaluate the impacts of Co2 Pipelines and confirm the County Board has the authority to regulate pipeline setbacks. April discussed there is an additional pipeline that will be going through Tazewell and Peoria Counties on the way to ADM.
April stated the first goal is to stop the construction of the pipeline.
April introduced Dan Williams; Dan is a full time farmer and has been farming since 1975 in Fulton County. Mr. Williams stated he is disturbed about having a pipeline going through his 80 acres and William’s mother’s 80 acres next to his property. Williams explained the dimensions of 80 acres; 80 acres is ¼ mile wide by ½ mile long. Williams stated he and his mother’s property will be blessed with ½ mile of the pipeline. The construction width could be as wide as 125 feet and have a 50feet right away. Williams stated the soil that will be disrupted will most likely never be the same. The dimension of 125 feet in 80 acres it is approximately 7 ½ acres. Williams stated his mother’s home is approximately ¼ mile from the pipeline with several other home near the pipeline. Williams stated Mr. Spangler has a brother in this area that is will be within ¾ of a mile to the pipeline. There needs to be more studies done on the pipeline and there is no guarantee the pipeline will be in the ground 5 feet. Williams stated there is a lot of misunderstanding and misinformation about this project. People think the farmers will be paid a lot for the right of way. Williams stated the right of way goes forever. A person does not know who will come in 50 years from now and want to use the same right away for another project. This is very concerning for property owner’s rights and currently there are no taxes paid on pipelines in Illinois. The only funds Fulton County will receive is the money paid for an easement at the courthouse. The current easement fee is $77.00 and if this affects 50 land owners. This will not bring enough revenue to pay the taxes on William’s property for last year.
Williams suggested the Fulton County Board look at the fee schedule for pipelines and Williams proposed the easement fee be raised to $1,000.00 for every filing. Williams discussed the need for safety equipment and safety alarms that are needed for homes that surround the pipeline. Williams stated Navigator needs to set up a fund for equipment and any accidents that may occur. The funds would be used for cleanup and repairs.
Member Taylor inquired about raising the fee for the county. Williams stated there is a one-time filing fee at the recorder’s office at the courthouse.
Member Taylor started that the fees for wind towers is more than $77.00. Navigator will make lots of money. April discussed Steve Hess in the 60’s when the natural gas pipeline came through Bushnell. The pipeline when though the Hess Farm and the Hess family discussed if they would allow the pipe line to go through their property. The family decision was yes, as this will better the community that the pipeline will serve. The Co2 pipeline is serving no citizens of Fulton County.
Member Taylor stated the citizens of Fulton County will sacrifice public safety and soil disturbance.
Member Taylor discussed a pipeline on his property that was put in about 5 years ago and the corn in the field where the pipeline runs will not grow and suspects a leak is occurring.
April stated there is an 8-month time frame in which the pipeline will be approved.
Superintendent of Assessment Julie Russell asked Mr. Williams if the pipeline approached him about an easement or right of way. Was this for both or one or the other.
Mr. Williams stated from his understanding Navigator wants 50-foot easement that is 50 feet wide across his property and the easement will last forever.
April stated the contracts need to be reviewed in detail as some contracts show things can be added later without any notice to the property owner.
Member Taylor discussed a pipeline on his property that was exposed and was due to erosion and time. This can cause the property owner a lot of grief and time.
Member Hudson inquired about the lime quarries and the Co2 will affect the lime for agriculture use. April stated that Navigator could not be sure how the sequestration would affect the lime quality.
Mr. Williams stated Co2 is used in packing plants to put pigs to sleep and the odds of a rupture occurring and no one being affected in the area are slim.
April stated the safety valves for the pipeline are 30 miles apart. These valves can be shut off but the gas has to go somewhere and whoever is near the rupture will be affected.
Mr. Williams stated zoning need to clarify the valve safety and the shut off needs to be at every major road and every township road.
Member Taylor inquired if occurrences happen will insurance cover this. April stated State Farm sent letters to all policy holders in the area of the pipeline that State Farm will not cover this type of accident.
1. Discussion/Action: HFS CNA pay-scale subsidy Pulled
Member Kessel discussed the Health Department has the new booster and clinics for adults are Monday – Wednesday and children clinics are on Friday by appointment only.
No Covid at the Clayberg and currently there are 42 residents at the Clayberg.
Member Madson reported County Highway 2 bridge will be open by the Spoon River Drive.
Crews are finishing up guardrail work and cutting high shoulders.
PUBLIC SAFETY & CAMPGROUND
2. Discussion/Action: Campground rate increase
Member Deushane discussed the campground rates and the current rates for non electric sites are: $550.00 annually and current electric rates are $880.00 annually plus electric.
With the 20% increase the new campground rates for 2023; non electric sites will be $660.00 annually and electric sites will be $1,055.00 annually plus electric.
Superintendent Young discussed the campground does not collect $7,500.00 every year in electric fees from campers for the electric sites. Raising the rent will help the Campground avoid losing money on the electric bills paid each month.
Young discussed when campground improvements are made, the overall depreciation structure for the campground changes. This triggers the rent clause with MWRD (Metropolitan Water Reclamation District of Chicago) and the campground paid $1,683.00 in 2022 for rent. Other improvements that will cause rent to be paid to MWRD are the playground, fiber and the new dump station at the campground.
Young stated the Fulton County Campground is the least expensive campground within 300 miles.
Member McCullum inquired if the campers are renting the space are paying for electric why are they paying more. Young stated due to the amount the campground is allowed to charge this does not cover the electric bills the campground pays.
Member Taylor inquired if the campground is under budget, over budget or what the profit margin is. Young stated he would have to look but stated currently, the campground is in the black.
Member Taylor inquired if an analysis on the infrastructure has been done. Young stated he would go through the analysis if Member Taylor would like to come out to the campground.
Young discussed a raise for Courtney who is grossly under paid.
Young stated currently there are 3 electric sites open and 1 non electric site open to the public. Young does not expect a mass number of campers at the campground with the rate increase.
Treasurer Mayall clarified the rent and the payment or nonpayment of rent to MWRD. The campground budget is a cash basis for the day to day activity. The rent is paid after the campground is audited and equipment that is owned by the county is depreciated. Mayall stated the campground is improving land that the county does not own and per the contract with MWRD (Metropolitan Water Reclamation District of Chicago) and the county is paying property taxes on the 4 parcels in which the campground occupies.
Member Deushane moved to approve the Campground rate increase of 20% with a second from Member Bohler. Motion carried by roll call vote (16-2) with Member Kumer and Taylor voting nay.
PROPERTY & COURTS
1. Discussion/Action: Sick Leave Policy amendment.
Member Hudson inquired about the 40-hour work week as employees only 35 hours a week.
Member Thompson stated this is based on full time salary exempt employees and sick leave will be based on a 40-hour work week. This policy is set up for all the non-union employees and is for new employees.
Chairman Clark stated before the non-union employees received what the union employees received.
Member Thompson moved to approve the amended Sick Leave Policy with a second from Member McCullum. Motion carried by roll call vote (17-1) with Member Berry voting nay.
2. Discussion/Action: Vacation Leave Policy Amendment
Member Thompson moved to approve the amended Vacation Leave Policy with a second from Member Beck. Motion carried by roll call vote (17-1) with Member Berry voting nay.
1. Discussion/Action: ARPA Funds – South Fulton Community Track Project – $50.000.00
Member Spangler discussed the South Fulton community is raising funds for an all-weather track. The Finance committee agreed to donate $50,000.00 of ARPA funds to the project.
Member Berry inquired what other schools had asked for funds. Member Spangler stated that V.I.T. was the only school that came to the Finance committee for funding.
Member McCullum inquired if V.I.T. and Astoria consolidated schools would this give V.I.T. the edge, due to the track facility being built and is this the right place to build the track.
Matt Klaska, Superintendent of V.I.T. discussed if a consolidation were to happen, yes, V.I.T. is more than capable of absorbing Astoria. This is not the intent of the track project. The track offers a community walking area and there is not a walking area for the citizens currently.
People are walking and parents are using the track to walk during practices. Previously the track consisted of cinders and grass and was not safe for practice or events. Astoria did not want the track and did not have enough participation in track. The current track program for South Fulton is 70 plus athletes. Matt discussed previously the athletes had to go to Rushville or Beardstown to train. Currently, phase one is completed and the asphalt is down and this is what the funds are needed for to pay for the asphalt part of the project. Matt stated currently V.I.T. school has been in the black for 5 years.
Member Taylor inquired what happens if other schools ask for funds.
Matt stated V.I.T. is the only school district that does not have a track or walking area for the community.
Member Spangler discussed V.I.T. has not received the amount of Covid funds that other schools in the area have received. This project is a benefit to the entire community, not just the V.I.T. School.
Member Berry inquired why V.I.T. track project is not in their budget.
Matt discussed the project would take approximately 10 years or more setting aside the funds. Right now there is a need and the community is coming together.
Member McCullum inquired how long before the remaining funds are raised.
Matt stated currently over $200,000.00 has been raised. Currently the project has $140,000.00 due in February 2023 to pay for the asphalt and $40,000 of the funds are in the account. There are outside donors being solicited for additional funds for the project.
Member Arnett stated she drives by the project daily and can see the progress and activity where before there was no activity.
Matt stated on the V.I.T. School website there are pictures and progress of the project.
Member Spangler moved to approve $50.000.00 of ARPA funds for the South Fulton Community Track Project – with a second from Member Bohler. Motion carried by roll call vote (17-1) with Member Kessel voting nay.
2. Discussion/Action: ARPA Funds – County Clerk proposal for new election machines
Member Spangler discussed the need for new election machines.
Member Hudson inquired what the total cost is for the machines. Clerk O’Brian stated until the RFP is received back, the total cost is unknown. Clerk O’Brian stated in 2019 there was a quote for $365,000.00 for the election machines. The RFP and the competition that stems from an RFP will most likely bring the total cost between $365,000.00 and $494,000.00.
Member Spangler discussed in 2019, a public hearing was held to issue the bond for new voting machines. This bond will expire on October 8, 2022 and this is the reason to move forward with the bond for $365,000.00 and to use up to $200,000.00 in ARPA funds for the remaining funds.
Member Kumer inquired if there is any state or federal funding available. Clerk O’Brian stated at this time, no funding is available.
Member Spangler moved to approve up to $200,000.00 of ARPA funds for the new election machines with a second from Member Bohler. Motion carried by roll call vote (18-0).
3. Discussion/Action: Bond issuance up to $315,000.00 for new election voting machines Pulled
EXECUTIVE SESSION: Closed Meeting Minutes: 5ILCS 120/2(c) (21)
Member Arnett moved with a second from Member Thompson to go into executive session at
7:43pm. The motion carried by roll call vote (18-0).
Member Kumer moved with a second from Member Beck to return to open session at 7:51pm. The motion carried by roll call vote (18-0).
1. Discussion/Action: Review Executive Sessions
Member Deushane moved to approve to keep the Executive Sessions closed with a second from Member Arnett. Motion carried by roll call vote (18-0).
Member Kumer made a motion to adjourn the meeting at 7:52pm with a second from Member Bohler. The motion carried with all present voting ayes (18-0).
Patrick J. O’Brian, Fulton County Clerk &
Ex-Officio Clerk of the Fulton County Board
C E R T I F I C A T I O N:
I, Roger P. Clark, Chairman of the Fulton County Board, State of Illinois, do hereby certify that I have examined the record of the September 13, 2022 Regular Session of the County Board of Fulton County, Illinois and find the same to be true and correct to the best of my knowledge and belief, this day approve the same.
Witness this 11th day of October, 2022.
Roger P. Clark
Fulton County Board Chairman
Signed Minutes FCB Sept 13, 2022