Tabled April 16 Minutes Lead Carroll County Board Discussion

By Tom Kocal

MT. CARROLL ­ The June 18 Carroll County Board meeting saw the approval of two sets of minutes. The April 16 minutes of the Carroll County Board were a topic of discussion for the second straight month, due to discussion of a potential breach of Robert's Rules of Order. At the May 21 board meeting, when the approval of the April minutes was presented, Gerald Bork (D-2) asked that additions be made to the minutes.

Bork said that the minutes did not state that he was not allowed to participate in the discussion regarding S.B. 1784 (Port Authority) when the "call for the question" was made. Bork also alleged that the call for the question did not show that it required a 2/3 vote, nor a tally of the vote. Bork had also stated that Chairman Rod Fritz (D-3) had a "financial interest" in a business at the Savanna Depot Park, that both S.B. 1783 and 1784 could potentially benefit Fritz personally, and that Fritz should have abstained from voting. Both bills deal with the development and extension of a Port Authority at the SDP and Carroll County.

At the May meeting, County Administrator Michael Doty suggested that the approval of the April minutes be postponed until State's Attorney Scott Brinkmeier could offer a legal opinion.

At Thursday's meeting, upon removing the approval of the April minutes from the tabled items, a memorandum of Brinkmeier's opinion was discussed.

"The first two points made, from my review of the recording of the meeting, were never even discussed during the meeting," Brinkmeier stated. "There was never a point of order made, nor was the (Fritz) financial issue. The minutes should be a recordation of the action taken by the body at that time. It's not for including something that was not discussed.

"On the third point, regarding Mr. Bork not being able to discuss S.B. 1784, he did not speak on the matter, but there was some discussion. Then there was a call for the question. In Robert's Rules of Order, it explains that a call for the question cuts off debate, it cuts off amendments. That's what the primary purpose is with a call for the question."

Bork countered by claiming that "Robert's Rules of Order also states that every member of a committee should have a right to speak."

Chairman Fritz said,"That's why we had the call for the question. If you would have made a point of order after that, that would have required a 2/3 vote to call the question. But according to Scott's memorandum, that point is irrelevant."

With a "no" vote meaning that Bork's requested additions to the minutes of April would not be added, the motion failed with 10 no, 3 yes, and 2 absent.

Tax Rebate

The Retail Sales Tax Rebate proposal was presented for approval. As a business incentive program, all businesses located within the unincorporated area of Carroll County that generate over $100,000 per calendar year in total taxable retail sales are eligible for a rebate under the new Chapter 141. The County will rebate 25% of the County's share of the retail sales tax generated by the eligible business above the minimum and paid to the county for 10 years.

Exceptions will be any business that relocates to the unincorporated area of Carroll County from any incorporated areas, or from within any enterprise zone in Carroll County.

The rebate program will be effective January 1, 2010, with the first rebate available starting in 2011, Gray said.

Block asked if the business will need to re-apply annually, and if there is a limit. Brinkmeier referred to Sec. 141-4 which states the program will be in effect "for a period of ten (10) years."

Laurie Gungel, Director of the Tri-County Economic Development Alliance, said "Each entity would need to reapply every year to present proof of the amount of sales tax actually paid."

Brinkmeier mentioned three changes: 1) that claims for the rebate needed to be made by March 1 or the entity would be ineligible for the rebate for the preceding calendar year; 2) that businesses only be allowed to make one claim per calendar year; and 3) that the first rebates would not be available until 2011.

Fritz said that it was estimated that if all current eligible businesses were to apply and be granted the rebate, the county would realize a loss of revenue of approximately $25,000 in FY 2011.

Brinkmeier said that, in theory, if more businesses locate here, the actual revenue will increase, potentially nullifying any "loss" of revenue due to the rebate.

"Also, the beauty of this program is that if we would have had it available when Palatine Oil moved, we would have known they were there, and we could have been working with them because they would have been there applying for the rebate," Fritz added.

The Retail Sales Tax Rebate ordinance passed unanimously.

Port Authority

Gray reported that Doty had updated the committee on S.B. 1784. The measure had been approved by both the Illinois House and Senate, and was currently awaiting Governor Pat Quinn's signature. Doty also explained that when signed into action, the first step would be for the County Board Chairman to appoint two people to the Port Authority District Board, with the advice and consent of the County Board. There must also be an even distribution between political parties for those appointments.

Zoning Board of Appeals (ZBA)

A Special Use Permit to operate a Beauty Shop at 20104 Georgetown Rd. in Lanark was presented by Julie Yuswak, CC Zoning Officer. The ZBA recommended that the Special Use Permit requested by Amy Johnson be granted after their June 2 meeting.

Carroll County's zoning ordinance allows for beauty shops in AG-1 districts with a SUP. After a brief discussion, the Board unanimously approved the request.

Other Action

SA/F chair Judy Gray presented the Prevailing Wage Resolution for approval. Motion carried by a 12-1 vote, with Edie Block (D-3) the sole nay vote.

The Board approved the transfer of $142,500 from the Public Safety fund to the General Fund as per the budget, and also the transfer of $1,000 from VOCA to the General Fund as a loan repayment.

The appointments of Jane Law and Jill Iben to the CC Health Dept. were approved. Fritz was pleased to say the "Jill was the most enthusiastic person I've ever talked to about serving on a committee. She really wants to do it."

Peggy Dannels' appointment to the CC Senior Services Board was also approved.

A raffle license for Boots N Spurs 4-H Club was approved.

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