Logan County Board
October 2014 Regular Meeting

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[February 25, 2015]  LINCOLN - Proceedings of the County Board, Tuesday, October 21, 2014, Logan County Courthouse, Lincoln

The members of the Logan County Board convened in Regular Board session on the above date in the Third floor Courtroom. Chairman Robert Farmer called the meeting to order at 7:00 pm. The pledge of the Allegiance to the American Flag was led by Mr. Ruben.

Members Present: Andy Anderson; Kevin Bateman; David Blankenship; Emily Davenport; Bob Farmer; David Hepler; Pat O’Neill; Gene Rohlfs; Chuck Ruben; Scott Schaffenacker; Jan Schumacher
Absent: Rick Aylesworth
Guests: Several Elkhart residents and Viper Mine Employees

A motion was made by Mr. O’Neill, seconded by Mr. Bateman to accept and place on file the minutes from the Regular Board meeting of September 16, 2014. Motion passed.

Introduction of Guests:

Welcome Citizens of Logan County and thank you for your attendance at our Regular Board meeting. The Clerk will read a directive of Rules and Procedure for speaking and courtroom demeanor under Committee Reports. Please place your cell phones on silent.

Recognitions: none

Appointments: none


Raffles: none

Reports for the month of September, 2014 were read by Clerk Sally Turner as follows:

Sheriff’s report of fees collected: $2,275.30
Sheriff’s report of expenses: $48.70

Clerk of the Circuit Courts’ report: Collections due to County General Fund: $62,930.01

Collection of funds due to others: $49,990.23 Child Support: $36,921.63

County Clerk & Recorders fees collected: $18,912.86

Logan County Treasurer’s Cash Statement: September Revenue: $1,255,592.79
September Expenses:   ($1,001,382.48)
September Balance: $2,689,277.95

A motion was made by Mr. Ruben, seconded by Mr. Rohlfs, to accept and place these reports on file as read. Motion passed.

Mrs. Turner read the directive of Rules and Procedure for speaking and courthouse demeanor. In order to accommodate our guests, the Chairman is moving the agenda item of Planning and Zoning LO 13-14 100 Resolution to Amend the Logan County Zoning Map to be heard first. Before we proceed, please note that only those who have signed in to speak will be recognized to make their statement to the Board. Each will have five minutes to deliver their message. We will take the guests in the order that they signed the Request to Speak Form. Please state your name and address when you address the Board. If you have any handouts, please deliver them to the board secretary for circulation. As to the voting process, the Board will entertain a Motion by the Committee Chair, a 2nd (if available) and then the Chairman will call for discussion.

At that point, the board members will have discussion first, and then we will call only the individuals that have requested to speak.

Mr. Farmer took a five minute break in order to allow those of who would like to speak to sign in to speak. A motion was made by Mr. Hepler, seconded by Mr. O’Neill, to approve LO 13-14 100 Resolution to amend Logan County Zoning Map. Discussion held.



Mr. Wright addressed the Board on two environmental acts that maybe have impact on the process. Mr. Wright reported the Illinois Endangered Species Protection Act and Illinois Natural Areas Preservation Act have a provision that, in certain situations requires local governments to request a consultation process with Department of Natural Resources. Mr. Wright reported there is uncertainty as to whether or not the county needs to request a consultation, because the acts themselves are not clear. Mr. Wright feels at this time he is not in a position to say this does apply or doesn’t apply. Mr. Wright feels there is a number of issues he needs to look into still. Mr. Wright’s suggestion is to post-pone this vote for 30 days to allow Mr. Wright to do more research so he can give the board an answer. If Mr. Wright does not think board is subject to this consultation he will give them a written statement. If it does meet the consultation process, he would like some provisional authority to go ahead with the application process.

Mr. Farmer opened the floor for public comments.

Victoria Drake: Mrs. Drake spoke on health issues.

Matthew Evans: spoke on saving his job.

Daniel Hamilton: Mr. Hamilton is an Attorney at Brown Hay and Stephens, LLP of Springfield IL, Mr. Hamilton spoke on behalf of Elkhart landowners. Mr. Hamilton reported the petitioners’ application is insufficient on several counts. Mr. Hamilton refreshed everyone’s memory by saying “before the Zoning Board of Appeals, under oath, the representatives of the mine raised their hands and took an oath and said that there are alternatives available and the mine need not close. Any other statement that has been given has not been sworn to and is not proper evidence for you to consider”. Mr. Hamilton reported what is in the application about the loss of jobs is not proper for your consideration. Mr. Hamilton asked the Logan County Board to please vote down this request.

Richard Hoffert: spoke on saving his job.

Todd Hamm: Mr. Hamm is the superintendent of the Mount Pulaski School District, he is also a resident in Elkhart, IL. Mr. Hamm discussed the economic impact the closure of the mine would have on the school. Mr. Hamm reported two years ago in order to maintain a balanced budget the school district had to cut 4 teachers. Last year the Coal Mine paid $174, 0778.04 in property taxes to the school. If the rezone is approved, the school district will receive an additional $100,000 in property taxes. Mr. Hamm ended his presentation with “Please think of these facts as you vote, because this will have a direct impact on our children”.
 


William Taylor: spoke on property values in Elkhart.

Paul Lee: spoke on behalf of Elkhart residents.

Sandra Miller: spoke on saving her job. Ms. Miller reported she started her career working with fly ash directly and she is still healthy. Ms. Miller reported “You say waste, we say impoundment and byproduct of coal combustion.” Ms. Miller reminded the Board members what the fly ash is used for in everyday life.

Mike Mann: voiced his concerns.

Garret Barton, the engineering manager of the mine, spoke on behalf of Viper Mine. Mr. Barton pointed out all of the things Viper Mine brings to this community. Mr. Barton reported this proposed project is the only long-term viable option that keeps up production without interruption. Without an increase in capacity, the mine will need to close when the current impoundment is full. Mr. Barton ensured everyone Viper Mine has been listening. He reported there have been concerns that have arisen over a nearby wildlife habitat. Viper Mine is willing to remove a forty acre parcel from their rezoning application that is not connected to the proposed impoundment .Mr. Barton reported the Mine is seeking approval from IDNR to surround the area with a tree line on the northern, eastern and western edges of the property. This would serve as a green fence to reduce visibility of these embankments. Viper Mine is willing to meet with any neighbors to address any concerns.

Ben McCutcheon, Elkhart resident, spoke on fly ash being a hazardous substance. Mr. McCutcheon asked the County Board to please deny the petition for re-zoning. George Miller passed on speaking.

Erin Davis spoke on behalf of Elkhart residents. Ms. Davis asked the county board to please think about the long-term and not the short-term. She has two little kids and she wants Elkhart to be a great place for her children to grow up in.

Peter Niehaus asked the County Board if they sent a recommendation to DeWitt County to oppose a Containment Pond or a similar operation.

Mr. Hepler reported the County Board Office was unable to identify if or when a vote was ever made.



Erwin Sass, General Manger at Viper Mine, spoke on behalf of Viper Mine. Mr. Sass ensured the County Board Viper Mine is a safe Coal Mine and that fly ash is non-toxic.

Jim Good, a member of the Sangamon County Board, spoke to the County Board regarding the job loss that Viper Mine would face if the rezone was denied.

Judith Busby asked the County Board to please research the issues before voting.

Mr. Rohlfs reported he did not feel ready to make a decision on this issue, and he felt that more time is needed to help the mine reach out to the citizens. Mr. Rohlfs reported if he was forced to vote tonight he would abstain.

A motion to amend was made by Mr. Rohlfs to put this off until February. However, the motion failed due to a lack of a second.

A motion was made by Mr. Hepler, seconded by Mr. Ruben, to post-pone the issue to November Regular Board Meeting. Roll call vote taken, 10 yes and 1 no. Motion passed.

Mrs. Turner reminded everyone Regular Board Meeting in November will be November 18, 2014.

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The board took a five minutes break.

Chairman of Committees reported the following:

Airport/Farm: Nothing further to report.

Animal Control: Nothing further to report.

Building & Grounds:

A motion was made by Mr. Bateman, seconded by Mrs. Schumacher, to accept the proposal for BLI Lighting to replace the lights at both parks in downtown Lincoln, this project is not to exceed over $16,000. Roll call vote taken, 11yes and 0 no. Motion passed. Further to report.

Finance:

A motion was made by Mr. Ruben, seconded by Mrs. Davenport, to approve the General Fund Levy of $1,373,381.00. Roll call vote taken, 11 yes and 0no. Motion passed.

A motion was made by Mr. Ruben, seconded by Mr. Hepler, to approve Bonds Levy in $45,225.00. Roll call vote taken, 11yes and 0no. Motion passed.

A motion was made by Mr. Ruben, seconded by Mr. Hepler, to approve Liability Insurance Fund Levy in $170,000.00. Roll call vote taken, 11 yes and 0 no. Motion passed.

A motion was made by Mr. Ruben, seconded by Mr. Hepler, to approve County Health Department Fund Levy in $372,357.00. Roll call vote taken, 11yes and 0 no. Motion passed.

A motion was made by Mr. Ruben, seconded by Mr. Rohlfs, to approve Illinois Municipal Retirement Levy in $659,750.00. Roll call vote taken, 11yes and 0 no. Motion passed.

A motion was made by Mr. Ruben, seconded by Mr. O’Neill, to approve County Highway levy in $436,500.00. Roll call vote taken, 11 yes and 0 no. Motion passed.

A motion was made by Mr. Ruben, seconded by Mr. Blankenship, to approve County Bridge fund Levy in $150,000.00. Roll call vote taken, 11yes and 0 no. Motion passed.


A motion was made by Mr. Ruben, seconded by Mr. O’Neill, to approve Highway Matching Tax Levy in $215,000.00. Roll call vote taken, 11 yes and 0 no. Motion passed.

A motion was made by Mr. Ruben, seconded by Mr. Rohlfs, to approve Ambulance Fund Levy in $285,650.00. Roll call vote taken, 11 yes and 0 no. Motion passed.

A motion was made by Mr. Ruben, seconded by Mr. Hepler to approve Tuberculosis Sanitarium Levy in $46,000.00 Roll call vote taken, 11 yes and 0 no. Motion passed.

A motion was made by Mr. Ruben, seconded by Mr. O’Neill, to approve Senior Citizen Fund Levy in $70,000.00. Roll call vote taken, 11 yes and 0no. Motion passed.

A motion was made by Mr. Ruben, seconded by Mrs. Davenport, to approve Cooperative extension levy in $90,781.00. Roll call vote taken, 11yes and 0 no. Motion passed.

A motion was made by Mr. Ruben, seconded by Mrs. Davenport, to approve December 1, 2014-November 30, 2015 Annual Budget and Tax Levy. Roll call vote taken, 10 yes and 1 no. Motion passed.

A motion was made by Mr. Ruben, seconded by Mr. Hepler, to approve LO 13-14 91 Abatement the $600,000 Taxable General Obligation Bond. Roll call vote taken, 11yes and 0 no. Motion passed .

A motion was made by Mr. Ruben, seconded by Mr. O’Neill, to approve LO 13-14 99- Hire Appellate Prosecutor at $12,000.00. Roll call vote taken, 11 yes and 0 no. Motion passed.

A motion was made by Mr. Ruben, seconded by Mr. O’Neill, to approve LO 13-14 101-Increasing Court Document Storage Fund. Roll call vote taken, 11 yes and 0 no. Motion passed .

A motion was made by Mr. Ruben, seconded by Mr. Bateman, to approve LO 13-14 102- Increasing Court Automation Fund. Roll call vote taken, 11 yes and 0 no. Motion passed.

A motion was made by Mr. Ruben, seconded by Mr. Rohlfs to approve Audit Engagement Letter. Roll call vote taken, 11yes and 0 no. Motion passed.


A motion was made by Mr. Ruben, seconded by Mr. Blankenship, to give a $2,000 Spending Limit to the Airport and Farm Chairman. Roll call vote taken, 11 yes and 0 no. Motion passed. Nothing further to report.

Insurance & Legislation:

A motion was made by Mrs. Schumacher, seconded by Mr. Hepler, to approve Lincoln Financial Dental Insurance renewal. Roll call vote taken, 11 yes and 0 no. Motion passed. Nothing further to report.

Law Enforcement & EMA:

A motion was made by Mr. Bateman, seconded by Mr. Blankenship, to approve EMCOM truck purchase to be reimbursed by state with no debt to the county. Straw vote taken, 11 yes and 0 no. Motion passed.

A motion was made by Mr. Bateman, seconded by Mr. Rohlfs, to approve MTU Agreement #10. Roll call vote taken, 11 yes and 0 no. Motion passed.

Nothing to report.

Executive/Economic Development:

Mr. O’Neill asked why the County Board has not seen the Bylaws, yet. Mr. Ruben and Mr. Farmer could not attend the last Economic Development meeting and that’s probably when the Bylaws were handed out. Nothing further to report.

Planning and Zoning: Already discussed. Nothing to report.

Road and Bridge:

A motion was made by Mr. Anderson, seconded by Mr. Blankenship, to approve Resolution LO 13-14 98, Joint Construction or Repair of Drainage Structure. Roll call vote taken, 11 yes and 0 no. Motion passed. Nothing further to report.

Community Action:

Mr. O’Neill reported Community Action meet next Thursday night. Nothing further to report.

Health: Don Cavi reported 989 flu shots have been given so far. Nothing to report.

Tourism: Nothing to report.

Main Street:

Mr. Anderson reported Trick-or-Treating with the Mayor is this Saturday. Nothing further to report.


Workforce Investment:

Mrs. Schumacher reported Workface Investment met last week and they are still in the process of figuring out how the new legation is going to affect the operation. Nothing to report.

General Assembly Liaison: Nothing further to report.

Chamber of Commerce:

Mrs. Schumacher reported UOC Steering committee will vote tomorrow. Nothing to report.

Waste Management:

Mr. Anderson reported Household Hazard Waste had a wonderful turn out. Nothing further to report.

Safety: Nothing to report.

Liquor:

Mr. Farmer reported Corn Crib is now open. Nothing to report.

Personnel:

Mrs. Schumacher reported she received the HR audit report however; she was unable to read the email before tonight’s meeting. She will report in November.

Discussion was held regarding when to have the employee Christmas lunch. The board decided on December 5, 2014. Mrs. Schumacher will send out an e-mail.

Committee reports of claims were read by Clerk Sally Turner:

A motion was made by Mr. O’Neill, seconded by Mrs. Davenport to accept and place on file the reports as read. Motion passed.

Chairman’s Report: A motion was made by Mrs. Schumacher, seconded Mr. O’Neill, to appoint Melanie Blankenship to Economic Development Partnership. Voice vote, motion passed. Nothing further to report.

Communications:

Mrs. Schumacher reported on the 175th Birthday Celebration for past and present Elective Officials. Pat Bay is catering the event. The board discussed where to have the County Board Christmas Dinner. Nothing to report.

A motion was made by Mr. O’Neill, seconded by Mr. Bateman, to adjourn the meeting. Motion passed. Meeting ended at 9:23 pm.

[Copied from Logan County website]

 

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