Saturday, December 31, 2011

BCJ: Local Year in Review

The following is taken from Page 2 of this week’s (December 30, 2011) Boone County Journal.  This is available free of cost at merchants across the county and on the internet at:  http://www.boonecountyjournal.com/news/2011/Boone-County-News-12-30-11.pdf#page=1

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Wednesday, December 28, 2011

Public Pension Web site now known in Freeport

Apparently Freeport received word of the site simultaneously with my first posting.

see:  http://blumdoggle.blogspot.com/2011/12/public-pensions-in-freeport.html

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Rockford makes the “bad list”

The following is taken from:  http://www.msnbc.msn.com/id/43158398/ns/business-us_business/t/crime-down-these-cities-are-still-dangerous/#.TvrMHdRSQYk

Click on the photocopy to enlarge:

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Local Government Pensions

The following are taken from Champion pension site.  Some of the list are only partial list of the highest paid.

All are taken from the following: http://www.webploration.com/Pensions/PBE.php?Employer_search=belvidere&sel_id=2544&pe_op=send&PE_submit=Find+Pensions

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Belvidere Community Schools IMFR

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Boone County

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Rock Valley College—SURS

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Other note worthies by name only:

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Is Governor Walker seeking CA money for the recall campaign?

Take a look at this article at:  http://totalbuzz.ocregister.com/2011/12/27/wisconsin-gov-scott-walker-coming-to-o-c/81254/

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Scott Walker: Regrets

Take a look at this interesting news article by clicking on the following:  http://www.rivertowns.net/event/article/id/234115/group/State%20News/

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Friday, December 23, 2011

BCJ: County approves New Tenant at Maple Crest Center

The following is from page 3, of the 12-23-2011 Boone County Journal which is available free of cost at merchants across the county.  Il is also available online at: http://www.boonecountyjournal.com/news/2011/Boone-County-News-12-23-11.pdf#page=3

Click on the following photocopy to enlarge:

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Thursday, December 22, 2011

EDITORIAL Beloit Daily News: Let sun shine on payback

 

from: http://www.beloitdailynews.com/opinion/editorial-let-sun-shine-on-payback/article_779b6bb4-2beb-11e1-b1de-001871e3ce6c.html

Posted: Wednesday, December 21, 2011 image4:00 pm

 

EDITORIAL: Let sun shine on payback

Another example of why alternative energy can be tough sell.

 

THOSE SOLAR PANELS on top of (Beloit) City Hall look all cool and high-tech, and presumably will win Beloit a few plaudits for going green and demonstrating environmental sensitivity.

But what about the math?

According to numbers provided to the Daily News by City Hall, the project carried a price tag of about $180,000. The 125 solar panels will produce a trickle of electricity — about 30 kilowatts at peak performance. Projections call for the panels to reduce the City Hall utility costs 8-9 percent, somewhere in the range of maybe $3,500 a year.

CRUNCH THOSE NUMBERS and this is what you get: Return on investment, or payback, will take more than 50 years.

And, by the way, the system is designed to last around 40 years.

In a nutshell, this is why alternative energy has such a tough time catching on in America. This is a bottom-line country, where hard-nosed business types crunch numbers with ferocity. Investments are made because the numbers add up and there’s a reasonable plan for a solid return. Sentimentality and wishful thinking don’t make the cut.

So solar panels with weak payback or electric cars that conk out every 40 miles have a tough time finding a market in the private sector.

Instead, panels wind up on government roofs.

What’s next? Electric fire engines?

Where is Gov. Walker’s money opposing the recall coming from?

About half is from out of state.

Some of the largest donations include:

• $250,000 by Bob Perry of Houston, famous for the "Swift Boat" ads against John Kerry during the 2004 presidential campaign.

• $205,500 by Richard and Elizabeth Uihlein of Illinois, who run Uline Shipping Supply Specialists. Walker is scheduled to deliver a jobs announcement Friday from a Uline plant in Hudson, Wis.

• $100,000 by Foster Friess of Wyoming, a philanthropist and Wisconsin native.

• $50,000 by Roger Hertog, co-founder of The New York Sun and current chairman of the Manhattan Institute.

• $20,000 by H.R. Perot of Plano, Texas, chairman of Perot Systems and son of the two-time third-party candidate for president, Ross Perot.

"In all our years of analysis, we have never seen a politician try to win a Wisconsin race with so much non-Wisconsin money," said Scot Ross, One Wisconsin Now executive director.

Some of the bigger in-state contributors were the Schuettes, the family that runs Wausau Homes Inc. They gave $150,000 in total.

Read more: http://host.madison.com/wsj/news/local/govt-and-politics/with-half-the-money-coming-from-out-of-state-walker/article_72b7126c-2770-11e1-8ffb-001871e3ce6c.html#ixzz1hGvKLkpk

Wednesday, December 21, 2011

Sparland, Il faces state investigations over FOIA issues as village officials resignation

This story has been printed in the Chicago Tribune however the original story is for the Peoria Star: http://www.pjstar.com/news/x1481469243/Another-resignation-cuts-Sparland-board-down-to-threeimage

The resignations come in the wake of a third investigation by the Illinois Attorney General's Office into village practices. That involves alleged failure to comply with the Illinois Freedom of Information Act, while two earlier probes focus on possible violations of the state's Open Meetings Act.

In addition, the board had to revote on some major ordinance amendments that had been passed with illegal "proxy" voting by absent members, including a water rate increase. The village also faces enforcement action from the Illinois Environmental Protection Agency over a sewer problem. And Fluffers, which opened last spring, has continued to generate divisions on the board

Here is earlier article on the story:

http://www.pjstar.com/news/x2140450728/Sparland-faces-new-investigation-alleged-violation-of-Freedom-of-Information-Act

Resident Margaret Murry, who has been a vocal critic of village government in recent months, submitted the FOIA request on Nov. 17 to village clerk and then-FOIA officer Susan Persinger. Murry asked for records that included meeting minutes, copies of some ordinances and amendments, certain financial records and the oaths of office taken by elected officials.

State law requires a response to FOIA requests within five working days. Murry asked the AG's Office to review the matter after two weeks had passed.

"The public body has failed to respond to my request," she wrote.

The investigation comes at a time when the village has no one filling the legally required position of FOIA officer

Attention: Citizens of Belvidere Township—The Food Pantry Donation is still on the Agenda

This maybe the  opportunity for which the Board of Trustees is waiting.  A meeting in which there will be few members of the public so the board can dispose of this matter they way they wish. Remember that our community’s current hunger problems are not going away soon.

Please come on Tuesday at 5:00 and be heard.   Or call your township official shown below:

AGENDA

BELVIDERE TOWNSHIP

MEETING OF THE TOWNSHIP BOARD

8200 Fairgrounds Road

December 27, 2011 – 5:00 P.M.

I. Call to Order / Roll Call

II. Pledge of Allegiance

III. Approval of Prior Meeting’s Minutes

IV. Transfers

V. Reports

a. Supervisor’s Report

b. Highway Commissioner’s Report

c. Assessor’s Report

d. Clerk’s Report

e. Trustee’s Report

VI. Unfinished Business

a. Disposal of Equipment

b. Financial Request Forms

c. Belvidere/Boone Co. Food Pantry Request

VII. Legal

VIII.New Business

IX. Treasurer’s Report and Approval of Bills

X. Public Input

XI. Closed Session

a.

XII. Adjournment

* Please note in order to take final action on an item it must be specified on the posted agenda 48 hours in advance of the meeting.

 

 

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Tuesday, December 20, 2011

Maple Crest’s new lease: Are the County’s rights changing? Is there now more risk?

The following email and formal letter was sent to the county board by Board Member Pat Mattison in hopes of postponing their decision regarding the new lease.  There appears to be many unanswered questions.  Should the county vote on this issue without the answers?

Mr. Mattison’s email to members of county board:

I strongly believe that we should follow the suggestion of the auditor (Sikich LLP) and consult legal counsel (that deal with these issues day to day) to..."obtain an opinion about the proposed amendments to the lease agreement and the Assignment and Assumption of the lease noted above at 2 c., and also the recommendation..."the County consult legal counsel with respect to the level of due diligence necessary/require prior to agreeing to an assignment." Replacement value of Maple Crest is over $6,000,000, not including the 13 plus acres of property. The county will be agreeing to amending the lease and control to the lender, which is a change from the current lease. The county will also be guaranteeing improvements, which inceases risk, without compensa

12/19/11

To: The Boone County Board, The Kessington Group, The NuCare Group

Re: Maple Crest assignment of of Lease and Amendments due diligence

Purpose: To provide information on the proposed lease assignment of Maple Crest from Maple Crest Care Centre L.L.C. to Diana Squaw Prairie, L.L.C. et al, The mission is to inform the public and the County Board the nature of the change of operation created by the assignments and amendments to the Maple Crest operation.

All parties--the Boone County Board, the general public, the Kessington Group , the NuCare Group et al--need to recognize Boone County and the Maple Crest properties and improvements are not investors, and they should not be treated as such. The current Lease between The Maple Crest Care Center (Kesseinton) and the Boone County Board protects Boone County from any loss and claims by the Lessee of the Home and from any lender on the Lessee. Boone County, the owner, does not participate in the operation, profits or losses, and should not he held accountable for any losses, per the current lease. Those risks should be between the Lessee and the Lender which probably can be accomplished with a performance bond, or insurance policy without any exposure to the County.

According to insurance records on file, replacement cost for Maple Crest is over $6 million, which does not include 13 acres of property. The current operation returns $648,076 (EBITDAR), to the current Lessee with $5,671,111 Revenues and $5,023,035 Expenses. Kessington is currently operating at a profit of which a substantial portion could be pledged towards any loan.

According to our present LEASE ARRANGEMENT (Kessington), Article XVII - Assignmment and Subletting Paragraph 17.1 of our present lease on page 27..."Lessor shall have reasonable time to meet and discuss with the prospective sub-leasee or assignee to conduct due diligence and review operations of the prospective sub leasee or assignee to ensure that it is a like operator with like financial strength."

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n Paragraph 17.1 it also states (page 28) ""As a condition of granting its consent to any sublease or assignment, Lessee shall pay, and Lessee hereby agrees to pay, any and all reasonable out-of-pocket third party costs and expenses of Lessor incurred in connection with such sublease or assignment, including, without limitation, all due diligence costs and attorneys' fees.

According to the ASSIGNMENT AND ASSUMPTION OF LEASE AND CONSENT OF LESSOR Document, Exhibit B, Tenant Subtenant Entity Chart, the existing tenant (Maple Crest Care Centre L.L.C. will assign to Diana Squaw Prairie Road, L.L.C.(new Tenant/FC entity) who sublets to Diana Master Landlord, L.L.C. (FC entity), who Sub-Sublets to Symphony M,L., L.L.C. (Master Tenant/NuCare entity) who Sub-sub-sublets to Symphony Healthcare, L.L.C. (Subtenant/NuCare entity) who Sub-sub-sub-sublets to Symphony__________. L.L.C. (Sub-Subtenant operator/NuCare entity)

***The Assignment is directing Boone County to assign to a new tenant with four (4) Sublets--5 organizations total, of which information is lacking and the implications if there are lease problems has not been explained. Do we need guarantees from them all? There has hardly been time to do due diligence.***

In the Assignment Document under covenants and agreements:

Paragraph 6. Consent of Lessor to Alterations, "Assignee desires to perform, or cause Subtenant to perform, certain capital improvements to the Property, which shall be outlined on a construction schedule to be attached hereto as Exhibit C. There is no Exhibit C schedule and Boone County should have a clear and concise indication of the plans and improvements before signing the assignment. Indications are there could be more than $1 million expended.

Further, in Paragraph 6 it states..."if the Tenant Improvements are required by applicable law or by Assignees lender, then Lessor's consent shall not be required." There is no Exhibit C to approve in advance and apparently, this changes the control of the Maple Crest property from Boone County to the Lender.

Paragraph 12. Conflict. "To the extent that any of the terms, covenants or conditions of this Assignment are inconsistent with any of the terms, covenants or conditions of the Lease, the terms, covenants and conditions of this Assignment shall control." This also changes the control of Maple Crest from Boone County to the lender.

LANDLORD ESTOPPEL CERTIFICATE

a) Under paragraph A., Item 8, page 2 -- explain intent of phrase..."except in favor of Agent in connection with the Loan."

THIRD AMENDMENT TO LEASE AGREEMENT

In RECITALS on page one, 5th paragraph, it states..."a loan to Lessee, or its Affiliate, to be secured, in part, by the liens, assignments, security interests and provisions of a certain Leasehold Mortgage, Assignment of Leases and Rents...puts control to the lender and puts rent payments to county at risk.

In the Agreement on page 2, Paragraph 1. Item (c) it states..."In the event of a default by Lessee under the Lease, Leasehold Mortgagee shall have the right,**BUT NOT THE OBLIGATION, to remedy such default"...It appears, again, the Lender controls the destiny of the Maple Crest property, and not the County, and is not obligated to cure the default.

On page 4,Paragraph 1, Item (i) "Leasehold Mortagagee may enforce its rights under its Leasehold Mortgage and acquire Lessee's interest in the Property in any lawful way and without Lessor's consent, and pending foreclosure of such Leasehold Mortgage, take possession of the Property. Again, the lender takes control of the Maple Crest property.

On page 5, Paragraph 1, Item (p) "Lessor consents to Lessee's grant to Leasehold Mortgagee of (i) a security interest in personal property owned by Lessee and located at the Property...Lessor hereby irrevocably subordinates any lien, security interest or other interest Lessor may have in and to such personal property, such subleases and rents, etc. to the Leasehold Mortgagee. Again, this subordinates Boone County's ownership to the Lender.

On page 6, Paragraph 1, Item (q) "In the event of any casualty to or condemnation of the Property or any portion thereof during the existence of any Leasehold Mortgage, Leasehold Mortgagee shall be entitled to receive all insurance proceeds and or condemnation awards (up to the amount of the indebtedness secured to the Leasehold Mortgagee) otherwise payable to Lessor or Lessee and apply them in accordance with the Leasehold Mortgage

Again, Boone County's interests in Maple Crest are subordinate to the lender.

1. A news story in the Boone County Journal reports a question asking if Boone County would be responsible for any remodeling costs and the reply from answer from the operator at Maple Crest answered..."with the financing, the elements have not yet been finalized."

Question: Is Boone County being asked to participate in any costs?

2. Are there disclosure laws that the Kensington Group should abide by? Disclosure of the intent to assign the lease was not given when the lease was re-negotiated earlier this year and signed in September--this eliminated the County from seeking other interested operators in the market.

There are many unanswered questions, there is information that is not available relative to improvements that we are being asked to approve, and even though there is much work that has been accomplished, I feel we should embrace our Auditor's (SIKICH LLP) consul and consult outside legal counsel to obtain an opinion about the proposed amendments to the lease agreement and the Assignment and Assumption of the Lease--and, the recommendation the County consult legal counsel with respect to the level of due diligence necessary required prior to agreeing to an assignment.

Boone County should explore asking the Lender to explore other ways the new operator can guarantee the loan for improvements without putting the Maple Crest property at risk. Boone Count is not operating the property, receives no benefits from the improvements (increased rents, fees, et al) but is being asked to share the risk. A performance bond might be a remedy, or an insurance policy provided by the Lessee.

Patrick B. Mattison,

BOONE COUNTY BOARD MEMBER DISTRICT

Saturday, December 17, 2011

Status of Previous News Posting: Attorney faces Prostitution Charges

Back in May this story from Sycamore was posted (http://boonecountywatchdog.blogspot.com/2011/05/sycamore-attorney-faces-prostitution.html

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After a bit of research this update from the DeKalb Chronicle (http://nl.newsbank.com/nl-search/we/Archives?p_multi=DCIL&p_product=SHNP9&p_theme=shnp9&p_action=search&p_maxdocs=200&p_field_label-0=title&p_text_label-0=March%20trial%20set%20for%20attorney%20charged%20with%20prostitution&s_dispstring=headline(March%20trial%20set%20for%20attorney%20charged%20with%20prostitution)&xcal_numdocs=20&p_perpage=10&p_sort=YMD_date:D&xcal_useweights=no)

March trial set for attorney charged with prostitution

Author: CAITLIN MULLEN
Date: November 16, 2011
Publication: Daily Chronicle, The (DeKalb, IL)

SYCAMORE – A Sycamore attorney charged with prostitution has had a jury trial set for March. During a court hearing Tuesday at the DeKalb County Courthouse in Sycamore, Circuit Judge Robbin Stuckert read the charges against Reema Bajaj, 25, of the 100 block of Penny Lane in Sycamore. She has been indicted on charges of prostitution within 1,000 feet of a school, a Class 4 felony punishable by up to three years in prison, and two counts of prostitution, a Class A misdemeanor...

Friday, December 16, 2011

Governor Walker, GOP sue Wisconsin elections and ethics agency over recall effort

By Jason Stein of the Journal Sentinel

The accountability board has said it's up to challengers to point out problems like those and the board itself cannot automatically toss the signatures for those reasons.

"The plaintiffs are challenging the rules that have been established by statutes and administrative code, and which have been in place since the late 1980s. Since then, these rules have been used in every state and local recall petition effort against incumbents of both parties," accountability board director Kevin Kennedy said.

 

Read the rest of Mr. Stein article by clicking on the followinghttp://www.jsonline.com/news/statepolitics/assembly-leader-wants-to-replace-state-elections-agency-5u3f2or-135669843.html

Thursday, December 15, 2011

BCJ Reports on Maple Crest testimony at County Finance Committee

The following is taken from the Boone County Journal for December 16, 2011 available free of cost at merchants around the county or on-line at:  http://www.boonecountyjournal.com/news/2011/Boone-County-News-12-16-11.pdf#page=1

Click on the photocopy to enlarge.

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Mayor Gaulrapp being sued over use of photo without permission of copyright holder

See this story online at:  http://qconline.com/archives/qco/display.php?id=572122

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Should elected official receive private phone calls/emails during a government meeting

Well it appears if they do-=- those communications will be subject to FOIA disclosure.

 

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Tuesday, December 13, 2011

Boone County Treasurer’s Future Candidacy “may” be in question

The following is taken from the Rockford Register Star for November 13, 2011, page 6A.  It appears that Mr. Newport may have some problems with the Illinois Board of Elections.  Perhaps the fine has been paid but who really knows.  But if it is not taken care before the next primary for his office—2014—he cannot run.

 

Click on the photocopy to enlarge:

curtis newport--12-13-2011

Thursday, December 8, 2011

BCJ: Ad for Servicemen

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BCJ: Change at Maple Crest

The following article is from December 9, 2011 Boone County Journal which is available free of cost at many county merchants or on line at:  http://www.boonecountyjournal.com/news/2011/Boone-County-News-12-09-11.pdf#page=1

Click on the photocopy to enlarge:

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Walmart Heirs Worth Same Amount As Bottom 30 Percent Of Americans In 2007: Analysis

Occupy Wall Street movement has brought increased focus on the disparity between the top one percent of earners and everyone else in the United States. But one American family paints a particularly stark picture of the country's wealth gap.

The six children of Walmart's founders, Sam and James "Bud" Walton, had the same net worth in 2007 as the entire bottom 30 percent of American earners, according to an analysis from Sylvia

Click on the following for more details:  http://www.huffingtonpost.com/2011/12/08/walmart-heirs_n_1137492.html

Newt Gingrich's gay sister backs Obama for 2012

. The gay half-sister of Republican presidential hopeful Newt Gingrich has criticised his position on gay rights, saying she will support Barack Obama in the 2012 election.

Candace Gingrich-Jones, a gay rights activist, said in an interview with MSNBC that she and her older half-brother, the former speaker of the House of Representatives, were "mutually respectful" but disagree on gay rights.

"He is definitely on the wrong side of history when it comes to those issues," Gingrich-Jones said.

Read more at:  http://www.guardian.co.uk/world/2011/dec/08/newt-gingrich-gay-sister-obama?CMP=twt_fd

Air Force dumped ashes of more troops’ remains in Va. landfill than acknowledged

remains of at least 274 American troops in a Virginia landfill, far more than the military had acknowledged, before halting the secretive practice three years ago, records show.
The landfill dumping was concealed from families who had authorized the military to dispose of the remains in a dignified and respectful manner, Air Force officials said. There are no plans, they said, to alert those families now.
Read more at:
http://www.washingtonpost.com/world/national-security/air-force-dumped-ashes-of-more-troops-in-va-landfill-than-acknowledged/2011/12/07/gIQAT8ybdO_story.html

Wednesday, December 7, 2011

Update: Two Boone County Board members FOIA Health Department concerning the “$16,266 Personnel Survey Results”

Mr. Mattison and Mr. Freeman received the following letter from the Health Department regarding their information request.

Click on the photocopy to enlarge:

health dept 11-30-2011

Health 11-28-2011

Mr. Mattison and Mr. Freeman are now seeking “input” from the States Attorney, Ms. Michelle Courier.  The States Attorney is the legal advisor to elected officials of the county and to the Health Department.

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Lawsuit over new Ill. legislative map thrown out

Judges have thrown out a Republican lawsuit challenging a Democrat-drawn map of new state legislative districts.

A panel of federal judges in Chicago on Wednesday dismissed the suit filed by top Illinois Republicans.

House Republican leader Tom Cross and Senate Republican leader Christine Radogno sued because they contend the Democrat-drawn map is unfair to minority groups and GOP voters.

Illinois Gov. Pat Quinn signed the new map into law in June. Drawing a new legislative district map is an exercise the state goes through every 10 years after a census. Democrats were in charge because they control the General Assembly and the governor's office.

Republicans are reviewing their options and whether to appeal. A Republican challenge to the state's new congressional districts map is still pending.

Click on the following for the rest of the storyhttp://www.nwherald.com/2011/12/07/lawsuit-over-new-ill-legislative-map-thrown-out/avcw96l/

Belvidere Township will be discussing grant to food pantry and possibly weight limits on asphalt truck route

See highlighted items.  If you have questions about an agenda item call your township officials:

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AGENDA

BELVIDERE TOWNSHIP

MEETING OF THE TOWNSHIP BOARD

8200 Fairgrounds Road

December 13, 2011 – 5:00 P.M.

I. Call to Order / Roll Call

II. Pledge of Allegiance

III. Approval of Prior Meeting’s Minutes

IV. Transfers

V. Reports

a. Supervisor’s Report-Eagle Scout Presentation

b. Highway Commissioner’s Report

c. Assessor’s Report

d. Clerk’s Report

e. Trustee’s Report

VI. Unfinished Business

a. Traffic Studies/Stop Signs/Weight Limits

b. Disposal of Equipment

VII. Legal

VIII.New Business

a. Levy Adoption

b. Alpha Maint.Contract

c. Financial Request Forms

d. Belvidere/Boone Co. Food Pantry Request.

IX. Treasurer’s Report and Approval of Bills

X. Public Input

XI. Closed Session

a.

XII. Adjournment

* Please note in order to take final action on an item it must be specified on the posted agenda 48 hours in advance of the meeting

Beginning with the next fiscal year IMRF employees making more than $75,000 must have their wages and benefits posted on government’s website

This is taken from Boone County board minutes:  http://www.boarddocs.com/il/boone/Board.nsf/files/8PAKRM52DF30/$file/salaries%20open%20meetings%20act.pdf

Click on the photocopy to enlarge:

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Tuesday, December 6, 2011

Boone County’s Board Doc’s now operating

The public can now view the county board’s committee and board packets

There currently appears to be no permanent”alias” or icon to get to Board Doc.  Under “NEWS” you can click the Boone Docs story and see the following screen.  Click on “BoardDoc” in the story and you can then continue to Step 2 below.

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.  While a link on the county’s website is being set up you can reach it currently by following these instructions:

1.  Click on the following link:  http://www.boarddocs.com/il/boone/Board.nsf

2.  The following icon below will occur; click on “enter public site”

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3.  Look at column on left, click the box of the active meeting you are seeking.

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4. Click on “view” agenda

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5. In left column—click on agenda item which you wish to view –only if there is document item will a document be available.

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6.  The main portion of the screen will now have document icons and the document title.  Click on the appropriate icon and your selected document will appear.