Peoria Standard

Peoria County Executive Committee met May 23.

Here is the minutes provided by the Committee:

Call to Order

Chairman Rand called the meeting to order at 4:14 p.m.

Approval of Minutes

A motion to approve the minutes of April 25, 2017 was made by Mr. Fennell and seconded by Mr. O'Neill. The motion carried.

Informational

• Springdale Cemetery

No report. No questions or comments from committee.

• CDAP/GAP/Macro/Other Loan Report

Mr. Sorrel advised that all loans are current. He noted that the April payment for Hick'ry Stick, which has filed for Chapter 13 bankruptcy, had not been received at the time the report was generated. He commented that as of April 30, 2017 a balance of $916,000.00 in CDAP Funds is available, although the Budget Subcommittee has recommended a resolution for approval that would decrease that amount.

• Metro Peoria Committee Update

No report. No questions or comments from committee.

• Heddington Oaks Financials

No report. No questions or comments from committee.

Resolution

• Intergovernmental Agreement with City of Peoria for Pollution Control Facility Siting

A motion to approve was made by Mr. O'Neill and seconded by Mr. Dillon. Mr. Sorrel advised that the Agreement is the result of a pending application for a transfer station which would be located within the corporate limits of the City of Peoria. He stated that the City Council is statutorily the governmental body with local siting control; however, the City does not have a local siting ordinance. He advised that the City contacted the County to gauge the County's interest in being the hearing and fact finding body for the siting process, as the County has knowledge, expertise and experience with the process. He stated that the Agreement as drafted would adopt Peoria County's Ordinance by reference. He added the County would collect the application fee which would be deposited into the Solid Waste Management Fund. He added that any County expenses that exceed the application fee would be reimbursed by the applicant.

Mr. Sorrel advised that the County Board Chairman has the authority to appoint members to the hearing committee, and stated that members from both the County and City would be optimal. He clarified that the County Board would not have a vote on the application as the final decision is the responsibility of the City Council. He stated that the Intergovernmental Agreement is a positive cooperative effort between the two governments.

Mr. Meginnes, representing Peoria City/County Landfill Inc., spoke in opposition of the siting of a transfer station in downtown Peoria. He stated that the transfer station is viewed as competition, would siphon waste from Peoria City/County Landfill #3 and represents a potential and serious loss of revenue to the company. Mr. Meginnes also advised Illinois statutes vest exclusive jurisdiction in the City of Peoria to conduct the entire siting.

Mr. Meginnes cited 116 Ill. App.3d 586 (1983) E & E Hauling Inc., a case wherein the court discussed a county that owned a landfill and was applying to itself for siting approval. He advised that an objection was raised by a village as to the inherent conflict of interest and wanted the county to delegate the siting to another town. He added that the courts stated that was prohibited under the Illinois constitution and the Intergovernmental Act; the siting statute trumped both and the county was the entity that was required by the statute to conduct the siting hearing. He advised that the Intergovernmental Agreement drafted by Peoria County delegates city obligations to the county, which cannot be done by statute. He commented that the Intergovernmental Agreement as drafted will be challenged, noting that a declaratory judgment action would be in order, wherein the court would be asked to interpret the agreement.

Mr. Rosenbohm commented that he is the owner of a pollution control facility and asked if his participation in and vote of the resolution would be a conflict of interest. Mr. Evans advised that there would be no conflict. Mr. Rosenbohm stated that he will not support the resolution, pointing out that City Manager has experience in the siting process, and also noting the reduced County workforce. Mr. Morris stated that it is not in the best interest of Peoria County to assume the obligation of the siting process from the City, and reiterated that he would not support the proposed Agreement. Mr. Mayer commended the effort at greater intergovernmental cooperation, although he recommended a further review of the legal aspects before moving forward. Mr. Fennell agreed that there may be liability issues, and stated that the City should take on the responsibility of the siting process. He also expressed concern that the type of waste to be brought to the proposed transfer station is unknown. He and Mr. Morris also reiterated conflict of interest concerns. Mr. Dillon commented that the City came to the County in the spirit of cooperation, and pertinent County staff has stated their ability to take on the extra workload.

Mr. Mayer cautioned against in depth discussion of a particular potential application, stressing that the recommendation before the committee is a policy question to conduct a siting hearing for the City of Peoria. He advised that although he would vote for approval in order to move the resolution through committee, he suggested that the State's Attorney's Office review the case cited by Mr. Meginnes before a full vote of the County Board is taken.

A motion to defer the resolution for one month to provide the State's Attorney's Office the opportunity to review legal issues was made by Mr. Salzer and seconded by Mr. Mayer. The motion to defer carried, with Mr. Dillon, Mr. Mayer, Mr. O'Neill, Ms. Parker, Mr. Rand and Mr. Salzer voting aye and Mr. Fennell, Mr. Morris and Mr. Rosenbohm voting nay.

Discussion

The following Standing Committee meetings were summarized by their respective Chairperson as follows:

Public Safety and Justice

The following resolutions were recommended to the County Board for approval.

 Reduction in Juror Compensation

 Service Agreement for Forensic Pathologist

County Operations

The following resolution was recommended to the County Board for approval.

 Settlement of Insurance Claim for 2015 Water Damage

Land Use

The following were recommended to the County Board for approval.

Zoning Cases

 Case #028-17-U, Petition of Drew & Kate Bailey

Resolution

 Edwards Asbestos Testing

 Edwards Demolition/Asbestos Remediation

 Unincorporated Peoria County Asbestos Testing

 Unincorporated Peoria County Demolition/Asbestos Remediation

Mr. Dillon advised that Case #029-17-V, Petition of Marshall Bailey, was approved by the Planning & Zoning Department and denied by the Zoning Board of Appeals. He stated that a vote has been deferred by the committee until June 8, 2017 as there was clarification requested on the resolution language.

Infrastructure

The following resolutions were recommended to the County Board for approval.

 Intergovernmental Agreement with City of Peoria to perform highway structure inspections for the City

 Supplemental Preliminary Engineering Services Agreement with Hanson Professional Services for Phase I and II engineering of bridge replacement

 Design Services Contract with Dewberry Architects Inc. for renovation of 4422 Brandywine Drive

Mr. Salzer advised that a resolution on Prevailing Wage was deferred, and the committee will be poll voted on the issue after the Department of Labor posts 2016 prevailing wage rates.

Ways and Means

The following resolution was recommended to the County Board for approval.

 Monthly Delinquent Taxes

County Health

Cancelled

Budget Subcommittee

The following resolution was recommended to the County Board for approval.

 Budgetary Appropriation and Transfer of Funds from CDAP Fund to Employee Health Fund for Employee Separation Health Insurance Costs

Miscellaneous

Mr. Rand advised that he recently visit to the Veteran's Assistance Commission (VAC) to share views on the Commission's work on behalf of veterans. He commented that the VAC has leveraged $6.8 million in benefits in 2016 to veterans in Peoria County. He also noted that due to current space limitations, the VAC has not filled the position authorized by the new levy. He recommended granting them the use of the County Boardroom for an evening as a meeting place for their commission.

Mr. Sorrel advised that Board of Review testing has been scheduled for June 21, 2017 at 9:30 a.m. in Conference Room 402 at the Peoria County Courthouse. He stated that the legal notice publication has been scheduled and will be placed in the newspaper on the appropriate date. He also commented that the test will be marketed to the Realtors Association, the Bar Association and any other recommended entities.

A motion to go into executive session to discuss Probable Litigation and Personnel Matters was made by Mr. Morris and seconded by Mr. Fennell. The motion carried.

Executive Session

Regular session resumed upon a motion by Mr. O'Neill and second by Mr. Rosenbohm.

Adjournment

The meeting was adjourned by Chairman Rand at 5:38 p.m.

http://www.peoriacounty.org/download?path=%2Fcountyboard%2FCommittee_Agenda_and_Minutes%2F2017%2FJune%2F27+-+Executive%2FExecutive+Committee+Agenda+6-27-17.pdf