Galesburg Reporter

Fulton County Board Met May 11.

Here is the minutes provided by the board:

Chairman Roger P. Clark called the Regular Session meeting to order at 6:35 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           George Hall – A              Craig Medus – P

Barry Beck – P             Vicki S. Hoke – P            Brian Platt – P

Stan Berry – P             Donna Hudson – A          John Spangler – P

Steve Bohler – P          Laura Hepp Kessel – A   John E. Taylor – A

Roger Clark – P           Dan Kumer – P                Lisa Thompson – P

Mary Deushane – P     Nestor Madson – P          Karl Williams – P

Susan Duquenne – P   BJ McCullum – P             Heidi Wilner – A

Elected/Appointed Officials Staci Mayall- Treasurer, Patrick O’Brian – County Clerk, Julie Russell- Supervisor of Assessment, Charlene Markley – Circuit Clerk, Justin Jochums – State’s Attorney, Jeff Standard – Sheriff, Chris Helle – ESDA/ETSB Director, Keith Munter – Fulton County Highway Engineer

Staff – Cindy Simpson – Fulton County Administrative Assistant, Audra Miles – Comptroller

Guests – None

Media- Mark Bixler – WBYS, John Froehling – Fulton Democrat

ACCEPTANCE OF MINUTES

A. Regular Session – April 13, 2021

Member Deushane moved to accept and place on file the regular session April 13, 2021 minutes with a second from Member Thompson. Motion carried by roll call vote (16-0).

ADDITIONS/DELETIONS TO AGENDA

Member Arnett moved to amend the agenda under consent G. Property and Courts to remove item b, remove from consent agenda Finance H. d. item # iii and remove from action agenda Property & Courts item #2 landfill lease.

Member Arnett moved to approve the amended agenda with a second from Member Duquenne. Motion carried by roll call vote (15–1) with Member Clark voting nay.

Member Thompson amended the agenda to move from the action agenda misc. #1 to Personnel & Legislative so that the Rules of Order could be discussed at the same time.

Member Thompson moved to approve the amended agenda with a second from Member McCullum. Motion carried by roll call vote (14-2) with Members Madson and Williams voting nay.

Member Spangler moved to remove from the action agenda under Property & Courts agenda item #3.

Member Arnett advised this was passed in the Property Committee meeting. Member Spangler discussed this resolution was just handed out and to be fair, both sides need to be present to discuss all the issues. Member Arnett advised this is a similar resolution that was passed in 2016 by the Fulton County Board. Member Arnett discussed that the neighboring farmer does not want the hog farm. Member Thompson asked if it will make a difference if this is voted on this month or next month. Member Arnett stated if the Department of Ag votes to do this project, then yes it will make a difference. Member Arnett discussed the hog farm next door to her property in 2015. Arnett received a letter in November and called the Department of Ag and was told any protests to the confinement would have needed to be made in September and it was too late to do anything. Arnett did not have any idea the hog confinement was being build next door to the property.

Member Madson stated this is a farming community. Member Arnett discussed that present tonight is a farmer that has 460 acres and opposes the hog confinement. Member Williams asked if the county has any say on the number of hogs the confinement can have. The Illinois Department of Ag calls these animal units and are known as the number of hogs per confinement.

Arnett discussed if the Fulton County Board votes to approve the resolution, the committee takes it to Springfield, IL and will talk with Senators and Representives on what the citizens of Fulton County are demanding such as better regulations for confinements to protect the citizens, air pollution and water pollution.

Member Deushane discussed an informational paper from Johns Hopkins on diseases associated with hog confinements.

Member Spangler moved to approve the amended agenda with a second from Member Beck. Motion carried by roll call vote (10-6) with Members Arnett, Deushane, Duquenne, Kumer, McCullum, and Thompson voting nay.

Member Medus moved to approve the amended agenda with a second from Member Thompson. Motion carried by roll call vote (15-1) with Member Arnett voting nay.

ANNOUNCEMENTS, COMMUNICATIONS AND CORRESPONDENCE

A. Comcast Quarterly Franchise Fee Payment January – March 2021

B. Audit Report and Financial Statement for FCEMA for the fiscal year ending June 30, 2020

County Clerk O’Brian discussed this is the financial audit from FCEMA Executive Director Thornton submitted the annual audit to the Fulton County Clerk to be put on file. If anyone from has questions, Director Thornton would be glad to answer them.

C. County Investment Policy

Treasurer Mayall discussed the County investment policy just needed some language cleaned up to bring the policy up to date.

One of the big changes is the authorized and suitable investments. Normally the investments are in CDs with banks that are FDIC insured. The change is to investments and may be made in vested public funds that are AAA rated and local government investment pools.

D. Cobra Subsidy

County Clerk O’Brian discussed this is part of the American Rescue Plan Act. The subsidies are funded through payroll tax credits.

PROCLAMATIONS:

A. Discussion/Action: Resolution: Fulton County Disaster Proclamation

Member Kumer moved to approve the Fulton County Disaster Proclamation with a second from Member Duquenne. Motion carried by roll call vote (16-0).

B. Discussion/Action: Resolution: Melani Sepich, Canton TWP. Supervisor Retirement

Melanie Sepich stated it has been a pleasure to work for and serve the public of Fulton County.

Member Arnett moved to approve the resolution with a second from Member Bohler. Motion carried by roll call vote (16-0).

PUBLIC REMARKS:

Name: Barry Fisher

Address: Smithfield, IL

Topic: Hog Confinement Facility

Barry Fisher, President of the Fulton County Farm Bureau thanked the Fulton County Board for the privilege of speaking on the proposed hog confinement for Lee township. Mr. Fisher farms in the Ellisville and Fairview, IL areas. Mr. Fisher thanked the Fulton County board for not voting on this resolution. This resolution is proposed by the concerned Fulton County Farmers and citizens and Mr. Fisher believes that all not all farmers have had the opportunity to express their viewpoints on the livestock production in Fulton County. The resolution is serious and should be considered with all perspectives heard on the issue. Agriculture is vital to Fulton County’s success and livestock has a vital role. The Farm Bureau members are committed to conservation regarding this resolution and issues that arise.

Name: Robyn Olson

Address: Avon, IL

Topic: Hog Confinement Facility

Robyn Olson addressed the Fulton County Board and provided letters and petitions that have been signed by residents.

Robyn discussed the hog confinement in Lee Township. Robyn discussed that family reunions are hosted at the Olson Farm. With this hog confinement located nearby, and family members with health issues such as auto immune diseases and respiratory issues could be made worse by being outside and would no longer be able to attend reunions.

Real farmers respect their neighbors and do not knowingly pollute the air with obnoxious odors and pollute the ground water.

Olson stated the main concerns are the ability to enjoy the property with their family, neighbors and friends. Scientific studies show significant risks to a person’s health, quality of life, property values.

Other studies have been done by Johns Hopkins University that show related health risks due to hog confinements. A public hearing would be required by CAFO’s if the number of hogs is 2,500 per building. This is one of the many loop holes that is used to eliminate public hearings on this issue.

Name: April Sutter

Address:

Topic: Hog Confinement

April Sutter, a retired high school teacher, asked the Fulton County Board to adopt the resolution to stop the hog confinement in Lee township. April and Andy Sutter live in Lee Township and are raising four children and plan to have the next generation of Sutter’s to raise a family on the farm. The Sutter’s both were raised on small family farms and value agriculture and are not city folk that have moved to the country. Those directly benefiting are the land owners that will receive manure and the hog confinement.

April Sutter stated the Farm Bureau does not represent all farmers in Lee Township.

Lee Township struggles to have the monies for repair roads. TriOak Foods advised that Lee Township would receive more than enough funds to repair the roads with enough funds to fix neighboring township roads. April stated this is a false claim, after researching this $800.00 and $1,300.00 would be received and these funds would not even fix one half mile of road in the Lee Township.

April Sutter urged the Fulton County Board to vote for this resolution.

Name: April Tatum

Topic: Hog Confinement

April would like to reserve comments for the June Fulton County Board meeting.

Name: Beth Pierce

Address:

Topic: Hog confinement

Beth will wait to speak at the June Fulton County Board meeting.

Name: Cindy Arnett

Address: Lewistown, IL

Topic: Concerned Fulton County Farmers & Citizens

Cindy Arnett discussed a 2018 study from Duke University showing that the mortality rate in North Carolina with hog confinements in the area were 30% higher than rest of the state. Citizens of Fulton County need to pay attention to these reports to protect all citizens.

Agriculture is an important part of the community and Fulton County Board members have a responsibility to the citizens of Fulton County.

A brief history of why this is a passionate subject for Arnett, came from learning that a hog confinement was being built next to the property owned by Arnett. Arnett received a notice of intent and was advised that a response was needed two months prior to the date of intent. This is truly the normal operating procedure for most hog confinements being built. Arnett was unable to stop the confinement next to her third generation property. This is part of the reason Arnett is helping communities across Illinois and other states with this process.

The only policing of the confinements is from neighbors. The IEPA (Illinois Environmental Protection Agency) stated that a quarter of the facilities are visited each year. In Adams County 17 facilities were registered and actually there are 64 facilities. The IEPA visited one-quarter of the 17 facilities a year not the 64 facilities.

The IEPA has been contacted multiple times and Arnett had meetings with senators regarding the hog confinement. Arnett has been to Washington D.C. regarding the hog confinements and testified to the Attorney General regarding an eight-year investigation on hog confinements that resulted in fines for these companies.

The Farm Bureau was involved with the Runway Ridge Farms LLC hog confinement that was to be located along Airport Road in Bernadotte Township approximately 2.4 miles from Ipava, Illinois in 2016. The goal was to sue farmers to stop them from fighting the confinement.

The biggest takeaway is how the Farm Bureau has stepped in to help the confinements not the farmers of Fulton County.

Confinements are not the solution.

CONSENT AGENDA

Member Thompson moved to approve the consent agenda with a second from Member Medus. Motion carried by roll call vote (16-0).

A. CLAIMS

Claims- Sheriff, Jail, Board of Review, Zoning, County Board, Miscellaneous, 2Q FY21 Employee Wellness Program, Public Defender, Property, Supervisor of Assessments, ESDA, Animal Control, Highway, VAC, Clayberg, Camping & Recreation, Spay/Neuter Program, 2Q FY21 County Board Mileage & Per Diem

B. REPORTS

1. Reports- Animal Control, Treasurer, FCCRA POS Report, VAC, Zoning, 3Q SFY21 PCOM Report

2. Other Reports- Public Defender, State’s Attorney/Circuit Clerk, Sheriff, County Clerk

C. APPOINTMENTS

a. Resolution: David Herrick – Re-Appointment Trustee Smithfield Fire Protection District

b. Resolution: Audra Miles – Re-Appointment Human Services Transportation Plan Committee – Shared seat with Doug Manock

c. Resolution: Samuel Swickard, Re-Appointment Fulton County Board of Review

F. PERSONNEL & LEGISLATIVE

G. PROPERTY & COURTS

a. Geographic Name Proposal recommendation to name an unnamed stream to Emmons Creek in Woodland Township and Kerton Township.

b. Courthouse Clock Maintenance Agreement Pulled

H. FINANCE/INSURANCE

a. General Fund Transfer

i. $1,655.00 From: #001-060-525100 CONTRACTUAL LABOR

To: #001-060-510100 SALARY DEPUTY/CLERK

ii. $6,000.00 From: #001-060-525114 Contractual – Election Judges

To: #001-060-550200 Equipment Maintenance

iii. Resolution: Creation of line items: #001-064-560100 Mileage and Travel Expense $2,000.00 and From: #001-064-560300 Fuel

To: #001-064-560100 and Mileage and Travel Expense

b. Other Funds Transfers

c. General Fund Immediate Emergency Appropriations

i. Resolution: $5,200.00 Immediate Emergency Appropriation From: unappropriated funds to line item #001-064-550100 – Equipment for the purchase of a drone

ii. Resolution: $21,978.00 Immediate Emergency Appropriation

From: unappropriated funds to line item #001-059-570100 Vehicle Purchase of a 2020 Ford Escape

iii. Resolution: $100,000.00 Immediate Emergency Appropriation

From: Unappropriated Funds to line item #001-002-550100

Equipment for P.C. JIMS case management computer software and services

d. Other Fund Immediate Emergency Appropriations

i. Resolution: $1,000,000.00 Immediate Emergency Appropriation, From: Unappropriated Funds to line item #006-042-520402 IMRF Retirement Payment, $500,000.00 to be paid to IMRF for ECO Reserve Plan and $500,000.00 be paid to IMRF for Enhance SLEP Reserve

ii. Resolution: $30,000.00 Immediate Emergency Appropriation From: Unappropriated funds to line item #038-092-550100 Equipment for P.C. JIMS case management computer software and services transfer

iii. Resolution: $130.00 Immediate Emergency Appropriation From: Unappropriated funds in the Courthouse Clock Tower Fund To: line item #078-134-525100 Clock Repair Pulled

e. Trustee Parcel

f. Resolution: Illinois Trust

PUBLIC SAFETY & CAMPGROUND

a. Contract for Police Services between Fulton County Sheriff’s Dept. and the County of Fulton and the Town/Village/City of Cuba

ACTION AGENDA

TREASURER’S REPORT

Treasurer Mayall reported the April revenue at $1,126,649.79 and expenditures $1,478,088.97 leaving a deficit of $351,439.18 with a year to date deficit of $731,434.97.

The property tax bills have not been mailed out.

The audit is delayed due to Covid. A draft is expected on May 19, 2021 and will be presented at the Finance committee meeting on June 2, 2021.

HEALTH

Member Duquenne reported the Clayberg has not had any Covid-19 cases.

The Clayberg has openings for residents and currently there are 44 residents.

COUNTY HIGHWAY

Member Madson reported grading and patch work is being done in the county.

PUBLIC SAFETY & CAMPGROUND

Member Deushane reported the Jail cell door replacement project is complete.

The Sheriff has four squad cars in surplus property and will be sold in May or June.

The Campground has 18 electric sites and 14 non electric sites available.

PROPERTY & COURTS

1. Discussion/Action: Foth Infrastructure & Environment, LLC – Landfill Walkthrough Proposal, cost not to exceed $2,650.00.

Member McCullum inquired if Foth has any financial benefit from the initial walk through and any maintenance that needs to be completed at the landfill.

Chairman Clark discussed the only service being provided is a walk though and report checklist. If additional work is needed, there will be additional costs. If the resolution is passed, a fund will need to be established for any work or repairs that are needed at the landfill.

Member Williams inquired why funds are being spent on this inspection and a little common sense goes a long way. If a hole or erosion is located, the issue needs to be taken care of.

Member Thompson discussed the main reason for Foth to inspect the landfill is no one wants to take responsibility for saying yes, maintenance is needed or no maintenance is needed. The Fulton County Board has a responsibility to maintain the landfill and be good stewards to the environment by not causing ground water contamination.

Member Arnett moved to approve the Foth Infrastructure & Environment, LLC walkthrough proposal cost not to exceed $2,650.00 with a second from Member Thompson. Motion carried by roll call vote (9-6-1) with Members Beck, Clark, Deushane, Kumer, Medus, and Spangler voting nay and Member Williams abstaining to vote.

2. Discussion/Action: Approve Lease for Landfill Pulled

3. Discussion/Action: Resolution: Concerned Fulton Farmers & Citizens Pulled

PERSONNEL/LEGISLATIVE

1. Discussion/Action: Amendment to the Rules of Order

Member Thompson discussed the Amendment to the Rules of Order to divide Property and Personnel into two different committees.

In the past the Personnel committee has made changes to the Rules of Order. Tonight there are two versions being presented. One is the committee version and one is the Chairman’s version. Member Thompson recommended not to scrutinize the two sets of rules of Order on the board floor. This should be done in the committee.

Member Thompson moved to send both sets of Rules of Order back to the committee and the Chairman can participate in the meeting for an agreement on the Rules of Order. If specific parts of the Rules of Order cannot be agreed upon, these can be brought back to the Fulton County Board to be voted on individually.

Chairman Clark discussed the second set of Rules of Order being presented separated the two committee only.

Member Spangler moved to approve the Amendment to the Rules of Order to separate the two committees Property and Personnel with a second from Member Madson. Motion failed by roll call vote (13-3) with Members McCullum, Platt and Thompson voting nay.

Member Thompson discussed the committee continues to work on the EEO.

FINANCE/INSURANCE

1. Discussion/Action: Resolution Opposing Reductions to LGDF Revenue

Member Spangler moved to approve the resolution with a second from Member Thompson. Motion carried by roll call vote (16-0).

COMMUNITY DEVELOPMENT

1. Discussion/Action: Resolution: SB1602 Protect Local Control of Zoning and Land Use

Member Bohler discussed the wind Ordinance was approved by the Community Development and the Zoning Board of Appeals.

Member Bohler moved to approve the resolution with a second from Member Medus. Motion carried by roll call vote (16-0).

2. Discussion/Action: Text Amendment bond to the Fulton County Wind Ordinance

Member Bohler discussed an error was found in the ordinance and the bond would expire. The revision states an irrevocable surety bond.

Member Bohler moved to approve the resolution with a second from Member Kumer. Motion carried by roll call vote (15-0).

3. Discussion/Action: Employment Contract-Zoning Director

Member Beck asked if the other departments specifically make employment agreements with a specific person. Chairman Clark discussed this is specifically for the Zoning Director.

Member Thompson discussed that the Zoning Director does a great job for the county and the questions that are being asked are not a reflection of the work being done.

Member Thompson asked on Page 5 Compensatory time, this section adds another classification and would allow an exempt employee to be paid for overtime.

She asked if there is a specific reason the hours being worked every week have been quantified. Member Bohler stated these are the hours that Emmons was hired to work.

Member Thompson stated typically appointed employees are given a job description. If this is defined in the contract actual hours, then any hours over 40 are overtime and would need to be paid.

Member Williams inquired if the labor attorney worked on the contract. Chairman Clark stated the labor attorney did the contract work.

Member Thompson discussed with Emmons compensation time. Emmons stated compensation time has never been paid out, that time off is taken instead.

Treasurer Mayall stated this is the only position that has compensatory time built in the agreement. There are other appointed officials’ agreements without compensatory time built in the agreements.

Seeing the variances between the agreements leaves this open for others to negotiate additional terms to employment agreements.

States Attorney Justin Jochums stated this is not a union position. An employee has the option as an appointed employee to negotiate their contract. Jochums’ discussed this does not bind the Fulton County Board in other similar situations. This is just memorializing how Emmons has been working the past 15-years. The Community Development committee chairman Bohler is happy with the work Emmons does and continues to do. The agreement is putting everything on paper. Jochums stated no complaints have been received on the work being done. The work done by Emmons is very through. The current agreement is a standardized agreement. Member Platt discussed being an exempt employee the 40 hours does not need to be stated in the agreement. Member Thompson would like to see the comp time removed from the agreement. Since this is stated in the agreement, the county will have to pay for compensation time at the end of the year.

Member Bohler moved to approve the resolution with a second from Member Kumer. Motion carried by roll call vote (10-5-1) with Members Beck, Berry, Duquenne, Platt and Thompson voting nay and Member Madson abstaining to vote.

LIQUOR

1. Discussion/Action: Liquor License Fee and payment for 2021-2022

Chairman Clark discussed the Liquor committee approved the 50% payment of the liquor License by June 1 and the remaining balance due October 1, 2021.

Member Kumer moved to approve the Liquor License Fee and payment of 50% due June 1 and the remainder due October 1 for 2021-2022 with a second from Member McCullum. Motion carried by roll call vote (16-0).

EXECUTIVE SESSION:

MISC.

1. Discussion/Action: Amendment to the Rules of Order – moved under Personnel & Legislative as one discussion item.

ADJOURNMENT

Time: 8:38pm

Member Duquenne made a motion to adjourn the meeting at 8:38pm with a second from Member Hudson. The motion carried with all present voting ayes (16-0).

The next regular session meeting of the Fulton County Board will be held on June 8, 2021 at 6:30PM, Fulton County Courthouse, Room 201 Lewistown, IL.

https://www.fultonco.org/may-11-2021-fulton-county-board-meeting-minutes/