Peoria Standard

Woodford County Board met May 26.

Here is the minutes provided by the board:

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

Roll call by the Clerk. Present: Emily Barker (Zoom), Russell Cotton (Present), Joshua Davis (Present), Justin Faulk (Zoom), Richard Hill (Present), Bryant Kempf (Present), John Krug (Present), Barry Logan (Present), Chuck Nagel (Zoom), Blake Parsons (Present), Jerry Smith (Zoom), Dan Steffen (Present 6:35) and Donald Tolan (Present). Absent: Randy Roethler, unexcused; and Jason Spence, excused. Also present was County Clerk Dawn Kupfer (Present), Ms. Hillary Aggertt (Zoom) and State’s Attorney Greg Minger Zoom 6:45).

Board announced in session by the Chairman.

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

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

Chairman Krug called for Public Input, hearing none he moved on to New Business.

Chairman Krug announced under New Business Item (a) the discussion and approval of the statement regarding Woodford County’s grievances and overreach by Governor Pritzker.

Mr. Hill stated in view of all that has happened in the last number of days and weeks with our Governor and as we see the things which he has done beyond what is allowed by law. He went on to say a statement has been created which he believes expresses the disapproval of many and he would like to have the Board consider making this statement.

Chairman Krug asked Mr. Hill to read the statement and then move on it.

Statement from the Woodford County Board

We, the Woodford County Board, in the State of Illinois, trust our citizens to use their liberty wisely to make good decisions for their own healthcare. For the safety and wellbeing of our fellow citizens, we encourage them to use tools, current guidelines and follow practices designed to protect themselves and others with whom they come into contact.

However, let it be known that we, the Woodford County Board disapprove and reject the Governor’s extension of the Emergency Order as going beyond the scope and boundaries of his office as determined by our state constitution. Allowing this overreach to stand uncontested sets a dangerous precedent.

We reject his infringement on the rights of religion as set forth in Article 1 of the Bill of Rights. “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof.”

We categorically reject the notion that law-abiding citizens should be denied the right to work to provide for their families.

We reject the failed attempt to force churches, which he deems nonessential, and certain businesses he indiscriminately deems nonessential, to remain closed or be fined with possible arrests and jail time. We found the rules submitted to the legislature shocking. We are grateful they did not follow the same erroneous path our Governor attempted and trust they will not do so in the future.

The creation of punitive consequences for not following the Governor’s extended orders, although short lived, are incompatible with a free society and an infringement of individual liberties, guaranteed and clearly expressed in the Bill of Rights.

In our constitutional Republic, we do not have rulers. Ours is a government of the people, by the people and for the people. Every person in government is a public servant. May this serve as a reminder and a warning to all the leaders who have strayed from this most fundamental principle.

Mr. Hill moved to approve the statement, which was seconded by Mr. Tolan.

Mr. Nagel thanked Mr. Hill for the alterations which were made to the statement since the last Board Meeting. He went on to say in light of the recent events, this is the first time the Board has heard the revised message and he thought Mr. Hill had done a fine job.

Mr. Davis said as a whole we all share the same opinion which Mr. Hill has shared. He went on to say it is very disheartening and sent people in a panic when they were told you can no longer go to work which left some unable to provide for their families. Mr. Davis said they were told to sign up for unemployment, but our Governor has not attempted to fix the unemployment website which just multiplies the problems we are going to see down the road.

Mr. Hill stated some people have asked him why do this now, it’s just poking the bear, it won’t accomplish anything and truth be known he agrees with every one of those statements. He went on to say he is not sure what it will accomplish other than let the citizens know where we stand. We, the Board, took an oath to uphold the constitution, which is our job and our responsibility.

Chairman Krug called for a vote.

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

Chairman Krug announced State’s Attorney Minger has joined the meeting by the Zoom platform.

Chairman Krug called for Item (b) under New Business, the Heart of Illinois Reopening Plan.

Mrs. Barker said as the County Board’s liaison to the Woodford County Board of Health and to the Health Department she is asking the County Board to support the Health Departments approach to provide guidance and education to our residents and businesses for a safe opening through the use of the Heart of Illinois Voluntary website. Mrs. Barker reiterated some of the Health Departments roles go over some of the objectives of the Health Department in keeping the residence safe. By statute the Health Department has numerous roles, the following (3) are especially relevant this evening.

1. Detect and Monitor the existence of any contagions or infectious disease within our County.

2. To initiate and implement programs in this area to promote and protect health and control the threat of disease.

3. To make recommendations to the County Board regarding these initiatives.

Mrs. Barker stated the County wants the Health Department to do all of these things, this is by statute and this is why they were established; this is their role. She went on to say the Health Department helps to monitor and identify things such as food borne and water borne illnesses. They also help track and interpret mortality rates in our County. They are instrumental in monitoring things such as spikes in suicides and providing access to mental healthcare. The Woodford County Board of Health and the Woodford County Health Department have adopted measurers as proposed by the Restore Heart of Illinois Revised edition. Mrs. Barker stated the State of Illinois has come out with a plan Restore Illinois, and the Heart of Illinois Plan by Peoria and 11 other surrounding counties have put forward a revised plan which is the plan she is referring to. She went on to say the Heart of Illinois plan establishes as part of its project a website accessible to the public. The website lists entities that are incompliance with IDPH (Illinois Department of Public Health) recommendations for threat of COVID-19 illnesses. The website has multiple purposes; one it educates the citizens and entities who are wanting to get back to their normal lives, but to do it in a healthy way. The second, would be for citizens to search for businesses which are complying with COVID-19 precautions which is especially helpful for vulnerable citizens with health problems or those who are high risk. Mrs. Barker said another purpose would be an entity can voluntarily certify themselves as COVID-19 precaution compliant which would let their consumers know theirs is a safe place to come into.

Chairman Krug called for discussion.

Mr. Davis inquired as to whether there would be repercussion to those businesses who agreed to participate and then later down the line chose to not follow the guidelines or withdraw from the website.

State’s Attorney Minger stated he did still stand behind the idea he would not prosecuting anyone on the issue, however liquor licenses and food permits may possibly be pulled by the State.

Ms. Hillary Aggertt, Woodford County Health Department Administrator stated we are a certified Health Department and the Board of Health has voted to gain additional information from the State. She went on to say the Health Department is not asking for the implementation of the whole Heart of Illinois Plan, the Health Department would like to use the website piece as a guidance and educational tool for individuals and businesses in our County.

Mr. Nagel stated Chairman Krug and he had sat in on a conference with all of our Mayors in the County concerning the Heart of Illinois Plan and all but two Mayors at the end of the presentation endorsed the Plan as a guidance for our businesses to open.

Mr. Cotton stated he was on the fence with this, going on to say we just got done passing a document in which the Board said they did not want follow the State guidelines. Mr. Cotton said now it appears the Board is now trying to set out a set of guidelines for ourselves, and he would not be in support of this.

Mr. Tolan said he agreed with everything Mr. Cotton just mentioned, and said he would not support it either. He went on to say since Peoria County came up with this; they have not voted on it yet, he would he prefer to wait and discuss this again after Peoria County votes on it.

Mr. Parsons asked State’s Attorney Minger about a letter from OKGC which was sent regarding the UCCI Membership and the risk of coverage if Illinois Public Entities enact a re-opening plan less restrictive than the Governor’s in connection with COVID-19. Mr. Parsons said it also suggests the entity consult with its local health department to see if the suggestions offered make sense in the context of the number of cases reported locally. If a public entity intends to enact its plan then its authority to do so under Illinois law is certainly an issue. He went on to say he had highlighted things throughout the letter, but one in particular he wanted to read. It read as follows.However, each member needs to consider the potential risks it assumes in the event that it enacts, adopts, affirms or actively or implicitly promotes a reopening plan or set of reopening guidelines that may be in conflict with the Governor’s then current Executive Order. Mr. Parsons said the letter goes on to say their exclusion is as follows:.Claims arising from: (c ) Acts or missions by an insured who knowingly violated a rule, regulation, ordinance, or law of the Insured or the State of Illinois or of the United States. Mr. Parsons inquired the State’s Attorney Minger’s thoughts on this.

State’s Attorney Minger stated an Executive Order is none of those things. He said he would like to look at the letter before he gave his opinion. Mr. Minger went on to say there is still an issue of whether the Executive Order is still valid or not. He said if insurance were going to drop the County over this, we certainly need to look into it. Mr. Minger stated he did not know why the General Assembly did not address it, as they had the duty to do so this past week and nothing got done. State’s Attorney stated it is like everything else, there was a business in Eureka who tried to open up and they received a cease and desist letter because they did not follow the Executive Order. Mr. Minger said obviously if it is going to affect our insurance, the County should look into this before deciding.

Mrs. Barker reiterated that what the Health Department is purposing tonight is not in conflict with IDPH (Illinois Department of Public Health) or with what the Governor has established. She said the Heart of Illinois Plan itself may set out different metrics or a different reopening schedule; the only thing Woodford County Health Department is asking for support for the website component.

Chairman Krug stated the Board does not have a Resolution on this matter and he inquired as to whether Mrs. Barker would be bringing a motion forward.

Mr. Davis stated not to contradict what Mrs. Barker was implying, but with the information Mr. Parsons has brought to the Board with the legal aspects and challenges the Board has with this he would like to make a motion to table this plan due to the fact Peoria has not accepted it yet. Mr. Davis went on to say he felt the State’s Attorney should take a look at everything before the Board makes any kind of motions or votes for this plan.

Chairman Krug stated procedurally the Board would need a motion, then a second and then there could be a motion to table. Chairman Krug said the Board does not have a motion yet. He then asked if Mrs. Barker had a motion she wanted to put on the floor for discussion.

Mrs. Barker made motion that the County express support to the Health Departments approach to provide guidance and education to our residents and businesses for a safe reopening through the use of the Heart of Illinois website simply for educational and guidance purposes for businesses, which was seconded by Mr. Hill.

Chairman Krug called for any discussion.

Mr. Parsons stated he had spoken with both Ms. Aggertt and Mr. Hill, he has read through some of the criteria. Mr. Parsons went on to say he has support for the plan, but pending the opinion from State’s Attorney Minger he would support this.

Mr. Logan stated the City of Peoria and Peoria County had not approved this themselves. He went on to say it is still in draft form and Mr. Logan felt this was something the Board should not approve at this time.

Chairman Krug called for the Clerk to repeat the motion.

Clerk Kupfer stated she did not have everything which had been said word for word. Chairman Krug asked Mrs. Barker to repeat her motion.

Mrs. Barker moved that the County supports the Health Departments approach to provide guidance and education to our residents and businesses for a safe reopening through the use of the Heart of Illinois voluntary website for business to certify.

Mr. Steffen stated he supported the Health Department 100 percent, but he would like to know if State’s Attorney Minger were in support of this.

State’s Attorney Minger stated his biggest concern would be if the Board were to adopt this and later changes had been made by Peoria County to the Heart of Illinois plan the Board may be subject to follow those changes. He went on to say otherwise he felt it were the duty of the Board to give our constituents something to follow and go by. State’s Attorney inquired to Ms. Aggertt and Mrs. Barker if they knew if it were likely things would change on the Heart of Illinois Plan.

Ms. Aggertt stated working with both Tazewell and Peoria County which all have been looking at this website and the group is trying to a line it with the DCEO guidelines. She went on to say the metrics they are looking at some of the things are not currently available; for instance places of worship. Much discussion followed.

Mr. Davis Moved to table this due to the letter Mr. Parsons shared and to the fact Peoria County had not approved the plan yet he would like to move to table this until the June County Board meeting; which was seconded by Mr. Kempf.

Chairman Krug asked if this was a motion to table or postpone, as tabling is not debatable.

Mr. Davis said the motion was to table.

Chairman Krug called for a vote on the motion. Motion carried with 4 nays. Chairman Krug announced a Member of the Board will have to make a motion to take it back off of the table at the June County Board meeting.

Mr. Cotton moved to adjourn until 6:30 P.M. the third Tuesday in June, A.D. 2020 same being the16th day of said month, which motion was seconded by Mr. Logan and was unanimously carried.

Chairman Krug announced the Board adjourned at approximately 7:23 PM.

https://www.woodford-county.org/AgendaCenter/ViewFile/Minutes/_05262020-1064