Whiteside County Board
Whiteside County Board met Tuesday, Feb. 14.
The County Board of Whiteside County, Illinois, convened in the County Board room at the Law Enforcement Center in Morrison on Tuesday, February 14, 2017 at 6:30 p.m. Notice of the meeting was given to all Board Members and was posted in
the County Clerk's office.
Mr. Dufy, Chairman, called the board meeting to order and directed the Cierk to call the roll. On roll call members: James Arduini, Thomas Ausnan, Daniel Bitler, Sue Britt, Shane Celestino, Paul Cunniff, James Duffy, John Espinoza, Glenn Frank, Kurt Glazier, Mark Hamilton, Eugene Jacoby, Martin Koster, William McGinn, William Milby, Karen Nelson, Katherine Nelson, Linda Pennell, Howard Bud Thompson, Glenn Truesdeli, Robert VanDeVelde, Doug Wetzel and Steve Wilkins (23) were present; member; Robert Bradley, Doug Crandall, Larry Russell and Ruth Stanley (4) were absent,
Mr. Duffy led the Board in the Pledge of Allegiance to the Flag,
Motion by Mrs. Britt that the County Clerk dispense with the reading of the minutes of the meeting of December 20, 2016, and that these minutes, and sent to the members, be approved. Seconded by Mr. Ausman. Motion carried,
Motion by Mr. McGinn to lay over the proposed Text Amendment to Chapter 39 of the Whiteside County Code adding Section 39-268, Solar Power to the April 18, 2017 County Board meeting. Motion carried.
Motion by Mr. McGinn to approve a rezoning from A-1 to E-2 for Larry Hill in Ustick Township, Motion by Mr. Thompson to table the rezoning request until a change to the comprehensive plan has been completed. Seconded by Mr. Alistman. Motion: carried.
Mr, McGin presented the following Ordinance:
ORDINANCE NO. 1
WHEREAS, the Whiteside County Board, by Resolution Number 12 passed on August 20, 1985, adopted an ordinance regulating development in special flood hazard areas in the county, henceforth known as "Flood Prevention and Protection", Chapter 16 of the Wihiteside County Code; and,
WHEREAS, from time to time, the Whiteside County Planning and Zoning Administrator conducts a review of said Chapter 6, to ensure compliance with the Federal Flood Insurance Program or to meet other requirements deemed necessary to prevent flood damages; and,
WHEREAS, the Federal Emergency Management Agency (FEMA) has approved new digital mapping for Whiteside County and Fulton, to become effective on February 17, 2017; and
WHEREAS, the Whiteside County Planning and Zoning Administrator, upon review of the current ordinance with IDNR-OWR and FEMA Region W, and to be compliant with FEMA requirements, recommends to this body that changes to the Flood Prevention and Protection Ordinance be adopted as follows:
In Section 16-20. Definitions, in the definition of “Floodplain and special flood hazard area (SFHA) are synonymous": delete the words “panels 0020, 0050, 0075, 0100, 0125,0135,0:40, 0145, 0175,0178,0179,0286,0187,019, 0200,0225, 0236,0237, 0238, 0239,0241,0242, 0243,0244,0250,0275,0287,0289,0300,0305,0810,0315, 0320,0350,0375, 0400, 0425,0450,0475,0480,0485" and replace the words “February 18, 2011 and October 9, 2016, panels 0187E and 019FE” with “February 17, 2017,
In Section 16-20. Definitions, replace the definition of “Floadway" with the following:
"means that portion of the floodplain required to store and convey the base flood. The floodway portions of the floodplain of the Mississippi River, Rock River, Rock Creek and French Creek shall be as delineated on the flood insurance rate map prepared by FEMA and dated February 17, 2017. The floodways for the remaining floodplains of the county shall be according to the best data available from federai, state, or other sources."
In Sec. 16-21.. Base flood elevation, (1); delete “the Green River, Elkhorn Creek, Jordan Creek, Buffaio Creek, Sugar Creek, Spring Creek, Illinois Mississippi Feeder Canal, Little Otter Creek, Otter Creek, Spring Creek, Holland Creek, Coon Creek, French Creek” and replace "Winnebego Ditch” with "French Creek", Also replace “February 18, 2011 and October 19, 2016, panels 0187E and 0191E" with “February 17, 2017".
In Sec. 16-21, - Base food elevation. (2) replace “February 18, 2011 and October 19, 2016, panels 0:87E and 0191E” with “February 17, 2017".
NOW, THEREFORE BE IT ORDANED that the Whiteside County Board concurs with the Planning and Zoning Administrator and hereby adopts said proposed Flood Prevention and Protection Ordinance changes, and;
BE IT FURTHER ORDAINED that the effective date is immediate upon adoption,
Motion by Mr. McGinn to approve the proposed Text Amendment to Chapter 16 of the Whiteside County Code. Motion carried,
Douglas Lee, representing Green River Wind Farm, introduced himself to the board and explained that they have filed an extension with the County and answered questions from the board.
Mr, Duffy recommended the appointment of Terry Costello as State's Attorney to serve until the next General Election in 2018, Motion by Mr. Thompson that Terry Costello be appointed State's Attorney, Seconded by Miss Kathy Nelson, Motion carried. Judge Trish Joyce was present to give Mr. Costello the oath of office. Mr. Costello thanked the board.
Terry Woodard, Superintendent of Veterans Assistance Commission, briefed the board on the Weteran's Assistance Commission and some of the work that they do for the veteran's,
Judge William McNeal, Jason McDearmon, Juvenile Unit Supervisor, and Carol Linkowski, Assistant State's Attorney, discussed with the board the Whiteside County Juvenile Justice Council, They gave a summary of the council and discussed some of the goals they have developed,
Mr. McGinn presented the following Resolution:
WHEREAS, bids were received on January 13, 2017 for the 2017 General County Letting, and;
WHEREAS, the following low bids were submitted:
Groups 1-6 - All Bidders
Group 7 - Illowa Culvert & Supply Company
WHEREAS, the Committee reviewed the bids and recommends their approval.
NOW, THEREFORE BE IT RESOLVED that the above-mentioned bidders be awarded the respective bids for the various groups.
Motion by Mr. McGinn to approve the Resolution for the Award of the 2017 General County Letting (materials) to the respective bidders for the various groups, as presented, Motion carried.
Mr. McGinn presented the following Resolution:
RESOLUTION NO.3
WHEREAS, bids were received on January 13, 2017 for 2017 Signs, Whiteside County, and;
WHEREAS, the respective groups were awarded as follows:
Groups 1 2 & 3 - Vulcan Signs
Group 4 - MD Solutions Inc.
Groups 5, 6 & 7 - Lightle Enterprises of Ohio, LLC
WHEREAS, the Committee reviewed the bids and recommends their approval.
NOW THEREFORE BE IT RESOLVED that the above mentioned bidders be awarded the respective bids for the respective groups.
Motion by Mr. McGinn to approve the Resolution for the Award of 207 Signs to the respective bidders for the various groups, as presented, Motion carried.
Mr. McGinn presented the following Resolution:
RESOLUTION NO. 4
WHEREAS, bids were received on January 31, 2017 for a new backhoe/loader for the Whiteside County Highway Department, and;
WHEREAS, the low bid of $80,750.00 including trade-in, was received from Martin Equipment of Illinois Inc., and,
WHEREAS, the Committee reviewed the bids and recommends its approval.
NOW THEREFORE BE IT RESOLVED that the bid from Martin Equipment of Illinois Inc., be accepted and approved, at a cost of $80,750.00 including trade-in.
Motion by Mr. McGinn to recommend approval of the Resolution for the purchase of a new JD 410, backhoe/loader from the low bidder, Martin Equipment of Rock Island, IL in the amount of $80,750.00 (including trade-in) and that the bid be accepted and approved, as presented, Motion carried.
Mr. McGinn presented the following Resolution:
RESOLUTION NO. 5
Resolution for Improvement by County Under the Illinois Highway Code
BE IT RESOLVED, by the County Board of Whiteside County, Illinois, that the following described County Highway(s) be improved under the Illinois Highway Code:
County Highway(s) 2 (Sand Rd.), beginning at a point near Moline Road and extending along said route(s) in a(n) northerly direction to a point near Albany Road, a distance of approximately 5.5 miles; and,
BE IT FURTHER RESOLVED, that the type of improvement shall be Coid-in-place recycling of the existing pavement and shall be designated as Section 3-0021-00-RS and,
BE IT FURTHER RESOLVED, that the improvement shall be constructed by contract; and
BE IT FURTHER RESOLVED, that there is hereby appropriated the sum of Two-hundred sixteen thousand threehundred eighty-two and 29/100 dollars, ($26,382.29) from the County's allotment of Motor Fuei Tax Funds for the construction of this improvement and,
BE IT FURTHER RESOLVED, that the Clerk is hereby directed to transmit two certified copies of this resolution to the district office of the Department of Transportation,
Motion by Mr. McGinn to recommend approval of the Resolution for Improvement by County Under IL Highway Code (Sand Rd. CIR Project - Sec. #13-00211-00-RS) be accepted and approved, as presented, Motion carried,
Motion by Mr. McGinn to place on file the Public Works Committee's meeting report, December Claim reports and related informational items, as presented, Motion carried.
Motion by Mr. Ausman to place on file the Committee's report, Quarterly Prairie Hill REDF Activity reports, Quarterly Waste Activity Inspection Reports and related informational items, as presented. Motion carried.
Mr. Arduini presented the following Resolution:
RESOLUTION NO. 6
WHEREAS, 10 ILCS 5/13-2 provides that in odd-year elections, the County Board may appoint three (3) Judges of Election in each precinct, in lieu of the five (5) Judges of Election otherwise required by this Section, and
WHEREAS, this Board determines that only 3 Judges of Election per precinct will be necessary to conduct the Consolidated Election at the April 4, 2017 Consolidated Election, and
WHEREAS, this Board also determines that the appointment of only 3 judges of Election per precinct will be a cost saving measure to the taxpayers of Whiteside County,
NOW THEREFORE BE IT RESOLVED, that for the April 4, 2017 Consolidated Election, the County Board appoints only 3 Judges of Election to serve in each precinct, unless it is deemed necessary to have 5 judges,
Motion by Mr. Arduini to approve the foregoing Resolution to reduce the number of election judges in certain precincts to three, as presented. Motion carried.
Motion by Mr. Arduini to place on file the County Offices Committee's meeting report, the County Recorder's Semiannual report, November and December claims report and related informational items, as presented, Motion carried,
Motion by Mrs. Nelson to place on file the Health and Social Services Committee's meeting report, December claims repost and related informational items, as presented, Motion carried. Mrs. Nelson informed the board of the upcoming UCCI Educational Seminar in March.
Motion by Mr. Milby to approve allowing up to eight people to attend the National Drug Court Conference in Washington, DC. Motion carried.
Motion by Mr. Milby to place on file the Judiciary Committee's meeting report, December claims reports and related informational items, as presented, Motion carried,
Mrs, Britt prescintcd the following Resolution:
RESOLUTION NO.7
WHEREAS, the Office of the State's Attorneys Appellate Prosecutor was created to provide services to State's Attorneys in Counties containing less than 3,000,000 inhabitants; and,
WHEREAS, the powers and duties of the Office of the State's Attorneys Appellate Prosecutor are defined and enumerated in the "State's Attorneys Appellate Prosecutor's Act", 725 ILCS 21071 et, seq., as amended; and,
WHEREAS, the Illinois General Assembly appropriates monies for the ordinary and contingent expenses of the Office of the State's Attorneys Appellate Prosecutor, one-third from the State's Attorneys Appellate Prosecutor's County Fund and twothirds from the General Revenue Fund, provided that such funding receives approval and support from within the respective Counties eligibie to apply; and,
WHEREAS, the Office of the State's Attorneys Appellate Prosecutor shall administer the operation of the appeiate offices so as to insure that all participating State's Attorneys continue to have final authority in preparation, filing, and arguing of all appellate briefs and any trial assistance; and,
NOW, THEREFORE, BE IT RESOLVED that the Whiteside County Board, in regular session, this 14th day of February, 2017, does hereby support the continued operation of the Office of the State's Attorneys Appellate Prosecutor, and designates the Office of the State's Attorneys Appellate Prosecutor as its Agent to administer the operation of the appellate offices and process said appellate court cases for this County.
BET FURTHER RESOLVED that the attorneys employed by the Office of the State's Attorneys Appellate Prosecutor are hereby authorized to act as Assistant State's Attorneys on behalf of the State's Attorneys of this County in the appeal of all cases, when requested to do so by the State's Attorney, and with the advice and consent of the State's Attorney prepare, file, and argue appellate briefs for those cases; and also, as may be requested by the State's Attorney, to assist in the prosecution of cases under the Illinois Controlled Substances Act, the Cannabis Control Act, the Drug Asset Forfeiture Procedure Act and the Narcotics Profit forfeiture Act. Such attorneys are further authorized to assist the State's Attorney in the State's Attorney's duties under the illinois Public Labor Relations Act, including negotiations thereunder, as well as in the trial and appeal of tax objections.
BE IT FURTHER RESOLVED that the Office of the State's Attorneys Appellate Prosecutor will offer Continuing Legal Education training programs to the State's Attorney and Assistant State's Attorneys,
BE IT FURTHER RESOLVED that the attorneys employed by the Office of the State's Attorneys Appellate Prosecutor may also assist the State's Attorney of this County in the discharge of the State's Attorney's duties in the prosecution and trial of other cases, and may act as Special Prosecutor if duly appointed to do so by a court having jurisdiction,
BE IT FURTHER RESOLVED that the Whiteside County Board hereby agrees to participate in the service program of the Office of the State's Attorneys Appeliate Prosecutor for Fiscal Year 2017, commencing December 1, 20 ió, and ending November 30, 2017, by hereby appropriating the sum of $18,000.00 as consideration for the express purpose of providing a portion of the funds required for financing the operation of the Office of the State's Attorneys Appellate Prosecutor, and agrees to deliver the same to the Office of the State's Attorneys Appellate Prosecutor on request during the Fiscal Year 2017,
Motion by Mrs, Britt to approve the annual State's Attorneys Appellate Prosecutor resolution, as presented. Motion carried.
Mrs. Britt presented the following Ordinance:
WHITESIDE COUNTY BOARD An Ordinance Enacting the Unlawful Possession of Cannabis
WHEREAS, the Whiteside County Board has determined that the public health, safety, and well-being of the residents of Whiteside County would be served by an ordinance prohibiting the possession of cannabis; and
WHEREAS, 55 Illinois Compiled Statutes (LCS) 5/5-1113 provides that Ellinois County Boards may pass all ordinances and make all rules and regulations proper or necessary, to carry into effect the powers granted to counties, with such fines or penalties as may be deemed proper except where a specific provision for a fine or penalty is provided by law; and
WHEREAS, 55 ECS 5/5-1052 provides that Illinois County Boards may do all acts and make ali regulations which may be necessary or expedient for the promotion of health or the suppression of disease;
NOW THEREFORE BE IT ORDAINED by the Whiteside County Board Chairman and Board that:
Section One: Definitions.
"Cannabis' includes marijuana, hashish, and all other substances which include any properties of the cannabis sativa plant, whether in plant form or any other form, including but not limited to seeds, the resin extracted from such plant, compounds, manufactured substances, salts, derivatives, resins, oils, tetrahydrocannabinol (THC), and al other cannabinoids.
Section Two: Violations.
It is unlawful for any person to knowingly possess ten (10) grams or less of any substance containing cannabis, unless authorized to do so under the Illinois Cannabis Control Act,
Section Three: Penalties,
Any person who violates any provision of this ordinance shall pay a fine of not less than $200 nor more than $1000. A $100 laboratory fee shall be assessed and paid over to the agency conducting the analysis of the Substance, if such analysis is conducted.
BE IT FURTHER ORDANED by the Whiteside County Chairman and Board that this ordinance shall be effective upon Clactmelt.
Motion by Mrs. Britt to recommend approval of an Ordinance Enacting the Uniawful Possession of Cannabis. State's Attorney Terry Costello answered questions from the Board, Motion by Mrs. Karen Nelson to table until further research has been conducted to see if the violation can be expunged and to check with surrounding communities that have cannabis ordinances, Seconded by Mr. Bitler. Motion carried,
Motion by Mrs. Britt to place on file the Public Safety Committee's meeting report, December and January claims reports and related informational items, as presented, Motion carried,
Motion by Mr. Truesdell to approve December 2016 mileage and travel reimbursement items for County Board members. On roil call members: Arduini, Ausman, Bitler, Britt, Celestino, Cunniff, Duffy, Espinoza, Frank, Glazier, Hamilton, Jacoby, Koster, McGinn, Milby, Karen Nelson, Katherine Nelson, Pennell, Thompson, Truesdell, VanDeWelde, Wetzell and Wilkins (23) voted yes, members voting no: none and the motion was declared carried.
Motion by Mr. Truesdel to place on file the Finance Committee's meeting report, December and January claims reports and related informational items, as presented. Motion carried.
Motion by Mr. VanDeVelde to place on file the Special Service Area il Committee meeting report and related informational items, as presented. Motion carried.
Mr. Duffy announced the reappointment of Karen Huber to the 708 Mental Health Board. Motion by Mr. Truesdeli to confirm the foregoing reappointment. Motion carried,
Mr. Duffy announced the appointment of Darci L. Francis to the 708 Mental Health Board, Motion by Mr. Truesdell to confirm the foregoing appointment, Motion carried,
Motion by Mr. Truesdell to lay over the draft intergovernmental agreement between the City of Rock Falls, the City of Sterling and the County of Whiteside Special Service Area #1 authorizing the creation of the Twin City Consolidated PSAP, as presented, County Administrator, Joel Horn, briefed the board on the need for the agreement, Motion carried.
Motion by Mr. McGinn to enter into closed session pursuant to 5 ILCS 120/2cil i to discuss litigation. Seconded by Mr. Jacoby, On roll call members: Arduini, Ausman, Biler, Britt, Celestino, Cunniff, Duffy, Espinoza, Frank, Glazier, Hamilton, Jacoby, Koster, McGinn, Milby, Karen Nelson, Katherine Nelson, Pennell, Thompson, Truesdel, VanDeVelde, Wetzell and Wilkins (23) voted yes, members voting no: none and the motion was declared carried. The board entered into closed session at 8:30 p.m.
The board reconvened in open session at 9:05 p.m,
Motion by Mr. Truesdell to place on file the Executive Committee's meeting report, December and January claims reports and related informationai items, as presented. Motion carried.
Motion by Mr. Thompson that this meeting be adjourned, the Board to meet again on Tuesday, March 21, 2017 at 6:30 p.m. for the regular meeting. Seconded by Mrs. Karen Nelson. Motion carried. The meeting adjourned at 9:10 p.m.
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