Peoria Standard

Woodford County County Board met June 18.

Here is the minutes provided by the board:

Board met and was called to order by Chairman John Krug.

Chairman Krug began the meeting by leading all present in the Pledge of Allegiance.

Roll call by the Clerk. Present: Emily Barker, Russell Cotton, Joshua Davis, Justin Faulk, Richard Hill, Bryant Kempf, John Krug, Barry Logan, Charles Nagel, Blake Parsons, Jason Spence, Dan Steffen and Donald Tolan. Absent: Randy Roethler, unexcused and Andy Rokey, excused. Also present was County Clerk Dawn Kupfer.

Board announced in session by the Chairman.

Clerk Kupfer presented and read the Certificate of Giving Notice for this meeting.

Mr. Cotton moved the Certificate be approved as read, which motion was seconded by Mr. Steffen and was unanimously carried.

Clerk Kupfer submitted the minutes of the May 21, 2019 regular session County Board meeting for additions, corrections and approval.

Mr. Spence moved to approve the minutes of the May 21, 2019 regular session County Board meeting, which motion was seconded by Mr. Hill. Chairman Krug called for any corrections or amendments to the regular session minutes which Mrs. Barker motioned to correct page 5, under Health Insurance Committee report requesting the number of replacements be changed from the number three to the number two. The motion carried as amended.

Mr. Logan moved to approve and keep confidential the May 21, 2019 Executive Session Minutes, which was seconded by Mr. Steffen and was unanimously carried.

Chairman Krug called for public input, seeing none he announced the end of public input.

The Consent Agenda was presented and clarified for the reporting of these minutes.

Mr. Cotton moved to approve the consent agenda, which was seconded by Mr. Nagel. Chairman Krug called for any items to be removed from the consent agenda.

Mr. Parsons moved to pull item (M) from the Petitions, Resolutions and/or Motions portion of the Consent Agenda for further discussion.

Mr. Spence moved to pull items (J) and (K) from the Petitions, Resolutions and/or Motions portion of the Consent Agenda for further discussion.

Mr. Nagel moved to pull item (N) from the Petitions, Resolutions and/or Motions portion of the Consent Agenda for further discussion.

Mr. Logan moved to pull item (O) from the Petitions, Resolutions and/or Motions portion of the Consent Agenda for the further discussion.

Chairman Krug called for the approval of the remainder of the Consent Agenda, which unanimously carried.

Appointments:

A. Appointment of Sandra Christ to the Oakwood Cemetery in Metamora Township to replace Julie

Schertz for a year term expiring July 1, 2023.

B. Reappointment of Robert Murphy to the Oakwood Cemetery in Metamora Township for a six year

term expiring July 1, 2025.

Petitions, Resolutions and/or Motions:

C. Resolution 06-19-001 authorizing the County Board Chairman to execute a deed of conveyance for parcel 17-13-400-023.

D. Approval of Resolution 2018/19-050 for the continued operation of the Office of the State’s Attorneys Appellate Prosecutor.

E. Approval of Resolution 2018/19-051 for new line items for the Health Department, Woodford County Annex 4 building.

F. Approval of Resolution 2018/19-052 authorizing execution and amendment of Federal Grant Agreement (We Care).

G. Resolution 2018/19-053 for the Woodford County Sheriff’s P-25 Starcom21 Control Stations.

H. Resolution 2018/19-054 for the Woodford County Highway Department to award construction contract to Stark Excavating Inc. for TR 4 Bridge replacement of section 17-17161-00-BR Worth Township/Upper Spring Bay Road over the Blue Creek Tributary.

I. Resolution 2018/19-055 Woodford County Highway Department authorizing County Aid for Metamora Road District section 19-08134-01-BR.

L. Ordinance 2018/19-016 petition 2019-19-Z granting a Map Amendment to Phil Zobrist from General Commercial District Residential Multi Family District (R-2), on a 3.04 acres, more commonly described as 360 State Route 117, Goodfield, Illinois

Mr. Spence moved to send Items (J) Ordinance 2018/19-014 granting Special Use to Paul Quiram for a private heliport; and (K) Ordinance 2018/19-015 granting Special Use to Randy Koehler for a private heliport back to the Zoning Board of Appeals stating he felt the Public input may not have been properly held. He further stated he felt there were possibility of some confusion during public input or testimony. Mr. Spence would like to have a re-hearing to make sure everyone had the proper chance at public input and to keep the County above board, which was seconded by Mr. Hill.

Chairman Krug called for a vote on Items (J) and (K) which motion passed with two nays from Mr. Cotton and Mr. Parsons.

Mr. Parsons moved to Item (M) Ordinance 2018/19-017 adopting the Woodford County Tall Structures Ordinance, stating after the committee looked into these changes he was in favor of the proposed changes. He further stated he felt the County needed to outline state requirements for the County’s Tall Structures Ordinance regarding heliports. Currently they are absent from the ordinance and he believes there is some misinterpretation that is occurring within the ordinance. With the number of heliport applications the Zoning Board of Appeals has been receiving he felt the applicants need to be aware they would need to follow the procedures and get the blessing from the FAA regarding what is required. Mr. Parsons stated the original Tall Structure Ordinance was developed by the committee and sent to Zoning Board of Appeals prior to the County adoption, but there was confusion and he asked to clarify on whether this could be taken from the committee and straight to the County Board. He felt by passing the Zoning Board of Appeals was the wrong direction and in order for the County Board to be transparent a public hearing should be held.

Mr. Parsons motion was to send the Tall Structure Ordinance back to the committee, which was seconded by Mr. Cotton. Chairman Krug called for any further discussion.

Mr. Logan stated he needed further clarification from State’s Attorney Minger in regard to the Tall Structure Ordinance.

State’s Attorney Minger stated the Tall Structure Ordinance is not part of the County’s Zoning Ordinance. What the County is trying to do with the Tall Structure Ordinance is regulate specific use of property and the structures on the property. He stated there is a statute on point to grant an amendment or a change to a zoning regulation there should be a hearing through the Zoning Board of Appeals. State’s Attorney Minger stated it could go to the ZBA and post/publicize the hearing to the public.

Mr. Parsons withdrew his original motion and moved to forward Item (M) Ordinance 2018/19- 017 Woodford County Tall Structure Ordinance to the Zoning Board of Appeals, Chairman Krug stated there was a second to the motion and asked for any further discussion. Mr. Spence felt it was the right thing for the County Board to do. Mr. Steffen questioned is the Board sending this back to have another hearing or is the County changing something.

Mr. Parsons moved to suspend the County Board Rules in order to be able to speak on the matter. He stated nothing is being changed, but we need to add to our Tall Structures Ordinance. In order to have this done correctly the committee would like to send it to the Zoning Board of Appeals for a public hearing. There has not been a public hearing and language needs to be added to the ordinance so the County can have a clean document. Mr. Parsons stated the ordinance had been looked at and it is basically absent of anything dealing with a rotary aircraft, further stating you need to have outlined where your take-off and landing strip will be located.

State’s Attorney Minger stated when the County Board passes ordinances most of the time it is not necessary to hold a public hearing, but there are certain areas where you do have to have a public hearing and public input especially when it pertains to land and buildings. In order to comply with State Statute and the County code for ordinances the County needs to have a public hearing.

Mr. Nagel questioned if we are just adding to align ourselves, would anything the County Board were suggesting be in conflict with State statute.

Mr. Parsons does not think there would be any kind of violation because a step in the procedure requires the applicant to obtain local Special use permit locally before moving forward with the state, then on to the FAA for approval.

Chairman Krug called for a vote on the motion, which unanimously passes.

Mr. Nagel moved to Item (N) approval of Tri-County MOU, stating a correction had been drawn to his attention under Roman numeral number I on the document stating it should read “to fund”, which was seconded by Mr. Spence, the motion unanimously carried.

Chairman Krug moved on to the New Business portion of the meeting.

The first item under New Business was discussion on the Zoning Ordinances. Mr. Hill stated there was no need for this discussion this evening.

Chairman Krug moved on to Unfinished Business portion of the meeting, starting with item (A).

Mr. Cotton moved to approve Ordinance 2018/19-012 #2019-12-S Panola Township granting a Special Use to Donald G. Kingdon for a special use to operate a heliport in the Agriculture District (AG) on a 5 acres more commonly described as 1221 County Road 3100 E, El Paso, Illinois, which was seconded by Mr. Parsons.

Chairman Krug called for any discussion.

Mr. Logan stated he felt this should be sent back with the previously mentioned ordinances so the public could be heard in the same regard, making sure the process was properly handled and no violation of the Open Meetings Act had occurred.

Mr. Parsons stated he disagreed with Mr. Logan saying there were no issues with any public comment or any dissenters on this particular application had been filed. This individual had applied based on the current ordinance outlines. As a Board when this was voted to be postponed it was stated that further review and investigation needed. At this point the County Board can send back to the Zoning Board of Appeals for a specific reason or approve it. The public hearing on this occurred the facts, evidence and testimony have been heard and Mr. Parsons felt the Board should approve the Special Use.

Mr. Logan stated he felt not only is there an issue with the potential open meetings act violations and the public not being properly heard, but there was never an approach pass spelled out as to where they would be going in and out. He felt this was not looked at carefully enough and he would like to have the public be able to speak. Mr. Logan felt little more detail on where the approach in and out would be located, as well as any other restrictions including the State guidelines. Applicants need to specify where coming in and going out will be.

Mr. Parsons agreed with Mr. Logan, stating he does not believe the application spells out some of the specific criteria, but under the County’s ordinance it was not required. At a point in the process the applicant will have to outline the parameters in order to get FAA approval. It is up to Woodford County to say yes or no for a special use based on our current ordinance. This application was not a part of the situation which there were any public testimony issues. As far as Open Meetings Act violation Mr. Parsons was not aware of any.

State’s Attorney Minger stated at this point in time the law is the County Board can only approve or send back a special use. From recent experience the Board knows they cannot deny. The motion on the floor is to approve it. If the County Board decides to send it back, there needs to be a specific reason spelled out for doing so.

Mr. Logan stated he agreed with most everything Mr. Parsons said, but the applicant would need to lay out where they plan to have their approach for take-off and landing. Further stating the way the ordinance reads now the County would be giving them a blanket special use and the Board needs more specifics. Mr. Logan stated he had spoken with Mr. Gibson, further stating Mr. Gibson had questions about the rights of the people; and at the time Mr. Gibson felt all three should be sent back to the Zoning Board of Appeals.

Mr. Logan would like to make an amendment to Mr. Parsons motion that the County Board send back to the ZBA for further review of the approaches and also to ensure everyone whom wanted to be heard during public testimony had been heard. In addition our ordinance states the applicants need to sign up 7 days prior to the meeting, but the agenda is not out until 48 hours prior to a meeting. Mr. Logan inquired on how is an applicant to know there is a meeting if the agenda is not out until 48 hours in advance, so there would be no way for them to sign up 7 days prior. Mr. Spence seconded the amendment.

Chairman Krug called for further discussion on the amendment.

Mr. Parsons asked for clarity, stating he did not have a motion to send this back. Mr. Parsons stated he had a motion to approve. Further making the point Woodford County does not govern the specifics of the criteria of these heliports, the State does. The County’s ordinance outlines what is required which parallels the State statute. Sending this back to the ZBA to have these items addressed is not even outlined in the County’s ordinance, so there is no law or anything to guide them.

Mr. Cotton stated he agreed with Mr. Parsons further stating the applicant came in under the old ordinance and that is what they are being approved on. State statute tells the applicant what they need to do, the County will pass this on to the State and then the applicant will have to go through the FAA and get approved.

At that time they will need to prove where the in and out of the heliport will be.

Mr. Kempf questioned why the issues were not taken care of when the issue was sent back to the Zoning Board of Appeals before. Mr. Parsons stated it was not sent back, but postponed.

Mr. Davis inquired as to the Special Use permit to operate a heliport should be worded to be null and void in the future.

Mr. Parsons stated the committee had addressed the question the State requires the applicant apply to the State and give a description of their site plan they need to receive approval from the County zoning. The committee thought about putting a contingency in the approval. If the applicant gets approval from the county, but is denied from the State for any reason under the County’s current ordinance if you receive a special use from Woodford County and there is no activity for 180 days the permit becomes null and void.

Chairman Krug called for a vote on the amendment, which was to send the ordinance back to the Zoning Board of Appeals. The amendment failed with more nays than ayes.

Chairman Krug called for a vote on the original motion, which was to approve the ordinance which motion passes with 3 nays.

Chairman Krug called for the presentation portion of the meeting.

State’s Attorney Minger gave a presentation on the Freedom of Information Act and the Open Meetings Act. The Open Meeting Act applies to public bodies, Counties, Administrative, Executive boards and Townships. Basically any gathering whether by person, video, email, and conference call held for the purpose of discussing business. Be careful when using your cell phones or email because those can be subject to court, try and use your work email as much as you can. In regards to the County Board 8 members would qualify as a quorum. State’s Attorney Minger also spoke about the Freedom of Information Act. He is the FOIA Officer for Woodford County. He stated pretty much everyone but the judicial branch can have a FOIA request. All records, reports, texts, emails can be requested. When you receive a request there is a 5 day turnaround time, note if the request is for something on a larger scale it is possible to ask the person for an extension to allow time for the request to be met. However, the County can be fined for avoided or not meeting a particular FOIA deadline. The State’s Attorney gave all of the Members as well as the Department Heads and public a lot of good information.

Chairman Krug then called for the vote to approve the claims Paid in Vacation since the last meeting of the Board. Mr. Parsons moved to approve the Claims Paid in Vacation since the last meeting, which was seconded by Mr. Faulk and it unanimously carried.

Mr. Davis presented and read Resolution 2018/19-056 approving the payment of the Claims, which was seconded by Mr. Kempf.

Chairman Krug called for a roll call vote. County Board Members voting Aye: Russell Cotton, Josh Davis, Justin Faulk, Richard Hill, Bryant Kempf, John Krug, Barry Logan, Charles Nagel, Blake Parsons, Jason Spence, Dan Steffen, Donald Tolan and Emily Barker. County Board Members voting Nay: None. County Board Members absent: Randy Roethler, unexcused; Andy Rokey, excused. Motion carried.

The Report of the County Treasurer on receipts and disbursement of the General Fund, current fund balances and interfund transfers for the period ending May 31, 2019 was presented. A handout regarding the Revolving Loan account as of May 31, 2019 was available.

Mr. Tolan moved to place all of the Treasurer’s reports on file, which motion was seconded by Mr. Hill and was unanimously carried.

The report for the Office of the County Board dated June 18, 2019 was presented. Mr. Nagel moved to place the Report on file, which motion was seconded by Mr. Faulk and was unanimously carried.

The following communication will be placed on file for the regular meeting of the June 18, 2019 County Board meeting:

 Semi-annual Report of the Woodford County Clerk and Recorder dated June 14, 2019.

 Semi-annual Report of the Woodford County Sheriff dated June 3, 2019.

 Oath of Lisa Reinmann as Library Trustee of the Eureka Public Library District.

 Oath of Tim Martin as Library Trustee of the Eureka Public Library District.

 Oath of Marjorie Crowe as Library Trustee of the Eureka Public Library District.

 Informational handout from Bruce DeLashmit with Bellwether LLC concerning Local ordinances concerning Cannabis.

 Minutes of the Road and Bridge Committee meeting held May 13, 2019.

 Minutes of the Public Safety Committee held May 13, 2019.

 Minutes of the County Offices Committee meeting held May 14, 2019.

 Minutes of the County Offices Committee released at the June 11, 2019 meeting of the December

12, 2017 executive minutes, session 1; December 12, 2017 executive minutes, session 2; January 9, 2018 executive minutes; June 12, 2018 executive minutes; July 10, 2018 executive minutes; August 14, 2018 executive minutes, session 1; August 14, 2018 executive minutes, session 3; and October 9, 2018 executive minutes.

 Minutes of the Finance & Economic Development Committee held May 14, 2019.

 Minutes of Conservation, Planning and Zoning Committee meetings held May 13, 2019.

 Minutes of the Woodford County Zoning Board of Appeals meetings held April 23, 2019.

Mr. Hill moved to place all correspondence on file, which motion was seconded by Mr. Kempf and was unanimously carried.

The respective Chairmen gave the reports of each Standing Committee.

Mr. Hill, Chairman of the Road & Bridge Committee, reported the weather finally broke and the Highway Department was finally able to start on project delays. Mr. Hill noted one of the issues they had was with bids for a project and they needed IDOT to concur on the award because the bids came in higher than the estimate.

Mr. Cotton, Chairman of the County Offices Committee, reported on the Codification and noted States Attorney Greg Minger is going to look at it one more time, he stated he will have that done sometime in July. They will then have it put on the County website. Mr. Cotton noted one thing they will need to pay attention to is if any ordinances have changed since the project was started and to make sure those new Ordinance updates are put on file and updated on the website. Mr. Cotton reported they are working on a Mission and Vision Statement and will hopefully have something for the Committee next month and forward it on to the full County Board.

Mr. Nagel, Chairman of the Finance and Economic Development Committee, reported on updates with the Revolving Loan Grants and direction they are taking with the requested projects. Mr. Nagel noted the Committee reviewed some that had been crossed off the list. Mr. Nagle stated June 30th is the date for all Department Heads and Elected Officials are to have their budgets submitted to County Treasurer Melissa Andrews for processing. Mr. Nagel noted the next two Finance and Economic Development Committee Meetings will be a Committee as a whole (July 9th & August 13th) and encouraged everyone to attend. Mr. Nagel stated this will be your opportunity for each Department to go over any changes made to their budgets. Mr. Nagel reported they met with the Mayors group again and reported on the discussion they had pertaining to Organic Growth in Woodford County as well as the use of Industrial Hemp. Mr. Nagle noted there will be a meeting on August 1st in the County Board Room pertaining to the production of Industrial Hemp. Mr. Nagel reported on the Greater Peoria EDC Executive Board and CEDS Meetings he attended.

Mr. Logan, Chairman of the Public Safety Committee, reported the Sheriff is moving along with the StarCom project which is a major redo of our communications. Mr. Logan reported on the discussion and direction they had in regards to the Woodford County EMA Department and what it may look like in the future, expand it or hold it at the level it is at. Mr. Logan noted if anyone has any thoughts or ideas for direction to let them know, it would be much appreciated.

Mr. Parsons, Chairman of the Conservation Planning and Zoning Committee, reported they are still waiting on an updated MOU from Minonk Wind LLC, they hope to have that next month. Mr. Parsons reported they are working on quite a few zoning ordinance amendments, special use acquirements concerning verbiage, and working to address things before taking them before the ZBA. Mr. Parsons noted one of those being the heliport discussions that are occurring. Mr. Parsons stated being specific about language under the Special Use section to address notification requirements. Mr. Parsons went into detail regarding that topic as well as Tall Structure Ordinances that was approved and moved onto ZBA as well as Fee Increases.

Chairwomen Andrews reported for the Health Care Committee (Health Insurance Committee). Ms. Andrews reported they did not have a meeting because only five members were there and they need seven members to have a quorum. Ms. Andrews stated she is hopeful that they are working to find two more members. Chairman Krug asked if it could be put on County Offices agenda next month for the appointment of Chuck Nagel and John Krug to the Committee unless there is anyone else who would care to volunteer.

Mr. Parsons reported for the Zoning Board of Appeals. Mr. Parsons stated there were no applications forwarded to the ZBA this month however the ZBA will convene to have a bylaws discussion for concerns that were touched upon during some recent discussion. Mr. Parsons reported the Chairman of the ZBA, Mr. Jerry Smith, came to the CP & Z meeting to discuss his concerns with procedures of the ZBA and they plan to look at those concerns, one being the Public Comment being at the end of the meeting. Mr. Parsons went into great detail of the differences and changes they plan to implement in regards to signing up as a Registered Objector or for Public Comment (Input). Mr. Parsons noted that it was brought up regarding notifications and when the agenda gets posted. Mr. Parsons explained the requirements of that process and stated they exceed what the State requirement is in posting Meetings in the paper and applications are available to view on the County Website.

Mr. Spence, Chairman of the Ad Hoc Committee, reported their meeting was cancelled but they are still working on email and IT issues. Chairman Krug stated if they continue to work on email and IT issues that would be great. Chairman Krug noted the issues after that with perhaps phones in one place and electronics in another place if you have a recommendation or Committee that deals with this the Sheriff seems to be the man that does all the work if he has input on that, and stated that would be one recommendation that he would welcome, if you could come back with that.

Veterans Assistance Commission Superintendent Allen Helsel reported they met with about 26 veterans last month and keeping very busy at the VAC.

Chairman Krug called for Public Announcements which Mr. Cotton announced there would be a Blood Drive at the Willow Hills Church on August 28, 2019 and he encouraged everyone to attend. Mr. Nagel mentioned the recent loss for Peoria County stating all of the Members thoughts and prayers were with them.

Mr. Cotton moved to go into Executive Session for 5ILCS 120-2 (c) which was seconded by Mr. Steffen. Chairman Krug called for a roll call vote. County Board Members voting Aye: Joshua Davis, Justin Faulk, Richard Hill, Bryant Kempf, John Krug, Barry Logan, Charles Nagel, Blake Parsons, Jason Spence, Dan Steffen, Donald Tolan, Emily Barker and Russell Cotton. County Board Members voting Nay: None. County Board Members absent: Randy Roethler, unexcused; Andy Rokey, excused. Motion carried.

Entered into Executive Session at 8:15 PM.

Chairman Krug called for a motion to come back into regular session.

Mr. Nagel moved to come back into regular session, which was seconded by Mr. Spence and unanimously carried.

Mr. Spence moved to go back into Executive Session for 5 ILCS 120-2 (c) which was seconded by Mr. Faulk. Chairman Krug called for a roll call vote. County Board Members voting Aye: Justin Faulk, Richard Hill, Bryant Kempf, John Krug, Barry Logan, Charles Nagel, Blake Parsons, Jason Spence, Dan Steffen, Donald Tolan, Emily Barker, Russell Cotton and Joshua Davis. County Board Members voting Nay: None. County Board Members absent: Randy Roethler, unexcused; Andy Rokey, excused. Motion carried.

Entered into Executive Session at 8:35 PM.

Mr. Parsons moved to come back into regular session, which was seconded by Mr. Davis and unanimously carried.

Chairman Krug called for any action coming out of Executive Session.

Mr. Spence moved to approve Item (O) AFSCME contract from the consent agenda, which was seconded by Mr. Steffen and unanimously carried.

Mr. Logan moved to adjourn until 6:30 P.M. the third Tuesday in July, A.D. 2019 same being the 16th day of said month, which motion was seconded by Mr. Tolan and was unanimously carried.

Chairman Krug announced the Board adjourned at approximately 8:45 PM.

https://www.woodford-county.org/AgendaCenter/ViewFile/Minutes/_06182019-946