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The January 10, 2012 meeting of the Honorable Clay County Board was called to order at 6:00 p.m. by Sheriff Sulsberger.

 

The Pledge to the flag was led by Sheriff Sulsberger.

The blessing was led by Ron King.

The roll was called. Present: Sue Pettit, Chairman, Mike Spitzner, John Bayler, Jerry Britton, Janice Brooks, Thomas Butcher, Joe Rudolphi, Chris Rinehart, Marty Garrett, Ted Whitehead, Ron King, Vernon Guinn. Absent: Mike Rinehart and Jesse James.

Chairman Pettit acknowledged guests and there were no agenda changes.

Motion by Tom Butcher, seconded by Ted Whitehead, to approve the County Board minutes of December 13, 2011. Motion Carried. Voice Action.

Motion by Vernon Guinn, seconded by Marty Garrett, to approve the action of the Claims Committee. Motion Carried. Voice Action.

Motion by Marty Garrett, seconded by Tom Butcher, to approve the County Clerk’s Semi Annual Report. Motion Carried.

Chairman Pettit presented the 911 Report in written form.

CR Smith, Clay County Soil & Water Conservation District, presented his semi-annual report in written form. CR is still splitting his time between Wayne and Clay Counties. Additionally, Smith reported this year’s recipients of the Jake Klein Memorial Conservation Scholarship include William Klingler, Helen Leib and Courtney Garrison.

There is no Board of Health Report for this meeting.

County Treasurer Jana Tolliver presented her report in written form. Motion Carried.

The Probation Department report was made available in written form.

Sheriff Sulsberger presented his report in written form. Additionally, Sulsberger reported two leaks in the Courthouse roof. He has been in contact with a roofing company is waiting for estimates. He is also working with SCRIP & DC for grants for boiler rehab.

Engineer Mike Quandt presented his report to the board. Work is beginning on rehab at the highway maintenance building.

Motion by Ron King, seconded by Marty Garrett, for the county to enter into a confidentiality agreement with DaVita to explore opportunities to bring dialysis services to the community. Motion Carried.

CONFIDENTIALITY AGREEMENT

This Confidentiality Agreement ("Agreement") is entered into this 11th day of January, 2012 by and between DaVita Inc., a Delaware corporation ("DVA"), Clay County Hospital/Clay County Board of Directors, a Illinois (the "Company").

RECITALS

A. DVA and Company desire to explore mutual opportunities in a possible transaction between DVA and Company (the "Transaction").

B. In connection with such exploration, it is necessary that DVA and Company furnish or cause to be furnished to each other certain nonpublic, confidential or proprietary information orally and in writing. Such information and all analyses, compilations, studies or (including attorneys, accountants, financial advisors, consultants or employees) and which contain or otherwise reflect such information is referred to herein as the "Information."

C. DVA and Company are willing to furnish or cause to be furnished to each other the Information on the condition that each party enters into this Agreement.

NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and covenants contained herein, the parties hereto agree as follows:

AGREEMENT

1. Each party who receives Information ("Receiving Party") will maintain all Information provided by the other party (:Disclosing Party"), whether orally and/or in writing, in confidence and will not use such Information for any purpose other than in connection with the Transaction. In this regard, each party recognizes and acknowledges that the other party conducts an expanding business. Nothing in this Agreement is intended to limit either party’s ability to conduct its business or to compete with the other party and contact any suppliers, referral sources, or customers in the other party’s markets.

2. Receiving Party will limit the dissemination of and access to Information to such of its shareholders, officers, directors, employees, agents, consultants, attorney, accountants and representatives (collectively, "Representatives") as may reasonably be required in order evaluate the Transaction. Each Representative shall be bound by obligations of non-disclosure and non-use regarding the Information at least as comprehensive as those obligations contained herein. Receiving Party shall be responsible for any breach of this Agreement by any of its Representatives.

3. Subject to Clause 6 hereof, neither Receiving Party, nor any of its Representatives, will disclose any Information, or the fact that any Transaction by and among the parties is under consideration, to any third party without Disclosing Party’s prior written consent, except as may be required by law.

4. Receiving Party will return or destroy all Information of Disclosing Party in its possession or under its control, or in the possession or control of any of its Representatives, at any time upon written request by Disclosing Party. Notwithstanding the foregoing, Receiving Party shall be permitted to retain the Information if such retention is required pursuant to any document retention obligation or by law. Receiving Party acknowledges that return or destruction of such Information shall not relieve Receiving Party of its obligation of confidentiality with respect to such Information.

5. DVA’s and Company’s obligations under this Agreement relating to the Information will terminate three (3) years after the date of this Agreement, or earlier upon the execution of a further or substitute agreement concerning the Information (the "Term").

6. Information which is generally available to the public, which becomes generally available to the public through no fault of DVA, Company or their respective Representatives, or which becomes available to DVA or Company on a non-confidential basis from a source other than DVA, Company or their respective Representatives, or which was disclosed by reasons of court order or other process of law, shall cease to be Information for purposes of this Agreement.

7. DVA and Company agree to maintain in strict confidence, during the Term of this Agreement and thereafter, all discussions and negotiations between the parties with respect to the Transaction. Company and DVA each agree to cause their respective Representatives to abide by the terms of this Agreement.

8. This Agreement may not be amended except in writing signed by both parties hereto. No failure or delay by any party in exercising any right hereunder or any partial exercise thereof shall operate as a waiver thereof or preclude any other or further exercise of any right hereunder. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provisions of this Agreement, which shall remain in full force and effect.

9. This Agreement may not be amended except in writing signed by both parties hereto. No failure or delay by any party in exercising any right hereunder or any partial exercise thereof shall operate as a waiver thereof or preclude any other or further exercise of any right hereunder. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provisions of this Agreement, which shall remain in full force and effect.

10. Without prejudice to any other rights or remedies that the parties may have, the parties agree and acknowledge that damages may not be a n adequate remedy for a breach of any of the provisions of this Agreement and it is reasonable that the parties shall be entitled to the remedies of injunction, specific performance and other equitable relief for any threatened or actual breach of the provisions of this Agreement.

IN WITNESS WHEREOF, each party has caused this Agreement to be duly executed and delivered as of the date first above written.

DAVITA INC. Clay County Hospital/Clay County Board

Of Directors

By: S/ By: S/Sue Pettit

Dated: 1/13/2012 Dated: 1/11/2012

Motion by Tom Butcher, seconded by Ron King, to approve the appointment of the following health professionals:

Reappointment

P.D. Nayak, MD Courtesy Urology

Ryan Jennings, MD Courtesy Internal Medicine

Roberto Garcia, MD Courtesy Emergency

Othman Jibril, MD Courtesy Emergency

Advancement from Provisional to Full Courtesy

Darrel Anderson, MD Courtesy Radiology

Marc Apostol, MD Courtesy Radiology

David Ayoub, MD Courtesy Radiology

Joseph Baima, MD Courtesy Radiology

John Becker, MD Courtesy Radiology

Naveen Chapa, MD Courtesy Radiology

Kevin Coakley, MD Courtesy Radiology

Kanchan Gupta, MD Courtesy Radiology

Robert Haap, MD Courtesy Radiology

Kenneth Kraudel, MD Courtesy Radiology

Casey Muehle, MD Courtesy Radiology

Charles Neal, MD Courtesy Radiology

Curtis Settlemoir, MD Courtesy Radiology

Daniel Shekleton, MD Courtesy Radiology

Andrew Sherrick, MD Courtesy Radiology

Ryan Watson, MD Courtesy Radiology

Lisa Witcherman, MD Courtesy Radiology

Brandon Wynn, MD Courtesy Radiology

David Alexander, MD Courtesy Radiology

Todd Anderson, MD Courtesy Radiology

Joelle Curry, MD Courtesy Radiology

Eileen Figuerres, MD Courtesy Radiology

Robert Knudson, MD Courtesy Radiology

Raymond Lee, MD Courtesy Radiology

Mary Ludolph, MD Courtesy Radiology

George Magre, MD Courtesy Radiology

William Moore, MD Courtesy Radiology

Robert Nordstrom, MD Courtesy Radiology

Craig Russo, MD Courtesy Radiology

Robert Burke, MD Courtesy Radiology

John Schlepphorst, MD Courtesy Radiology

David Ruskey, MD Courtesy Radiology

Daniel Stanton, MD Courtesy Radiology

Bruce Linder, MD Courtesy Radiology

Prasad Vasireddy,MD Courtesy Radiology

John Snodsmith, MD Courtesy Radiology

Tamara Boore, MD Courtesy Radiology

Jose Rodriguez, MD Courtesy Radiology

Angela Schilsky, MD Courtesy Radiology

Robert Stallworth, MD Courtesy Radiology

Patricia Withrow, MD Courtesy Radiology

Jeffrey Cullen, MD Courtesy Radiology

Jennifer Sharp, MD Courtesy Radiology

John Felker, MD Courtesy Radiology

Russell Bruney, MD Courtesy Radiology

Lucy Christopherson, MD Courtesy Radiology

Motion Carried. Voice Action.

Hospital Committee Chairman Jerry Britton reported that bond counsel has been contacted. The committee will update the board when further information is available.

Motion by Tom Butcher, seconded by Ron King, to approve a Resolution to execute a deed of conveyance on Permanent Parcel #10-26-222-004. Motion Carried. Voice Action.

RESOLUTION

WHEREAS, The County of Clay, as Trustee for the Taxing Districts, has undertaken a program to collect delinquent taxes and to perfect titles to real property in cases in which the taxes on such real property have not been paid, pursuant to 35ILCS 200/21-90, and

WHEREAS, Pursuant to this program, the County of Clay, as Trustee for the Taxing Districts, has acquired an interest in the following described real estate:

N. HARTER TOWNSHIP

PERMANENT PARCEL NUMBER: 10-26-222-004

As described in certificate(s) : 070077 sold November 2008

and it appearing to the Finance Committee that it would be to the best interest of the County to dispose of its interest in said property.

WHEREAS, Kimberly A. Beauleau, has bid $648.00 for the County’s interest, such bid having been presented to the Finance Committee at the same time it having been determined by the Finance Committee and the Agent for the County, Joseph E. Meyer, that the County shall receive from such bid $202.00 as a return for its certificate(s) of purchase. The County Clerk shall receive $0.00 for cancellation of Certificate(s) and to reimburse the revolving account the charges advanced from this account, the auctioneer shall receive $0.00 for his services and the Recorder of Deeds shall receive $96.00 for recording. The remainder is the amount due the Agent under his contract for services. The total paid by purchaser is $648.00.

THEREFORE, your Finance Committee recommends the adoption of the following resolution:

BE IT RESOLVED BY THE COUNTY BOARD OF CLAY COUNTY, ILLINOIS, that the Chairman of the Board of Clay County, Illinois, be authorized to execute a deed of conveyance of the County’s interest or authorize the cancellation of the appropriate Certificate(s) of Purchase, as the case may be, on the above described real estate for the sum f $202.00 to be paid to the Treasurer of Clay County Illinois, to be disbursed according to law. This resolution to be effective for sixty (60) days from this date and any transaction between the above parties not occurring within this period shall be null and void.

ADOPTED by roll call vote this 10th day of January, 2012.

ATTEST:

S/Brenda Britton S/Sue Pettit

CLERK COUNTY BOARD CHAIRMAN

SALE TO NEW OWNER

Motion by Tom Butcher, seconded by Chris Rinehart, to reappoint Galen Lueking, M.D. to the Board of Health for a 3 year term to expire 12-1-2014. Motion Carried. Voice Action.

Motion by Joe Rudolphi, seconded by Ted Whitehead, to reappoint Mary McCollough to the Board of Health for a three year term to expire 12-1-2014. Motion Carried. Voice Action.

Motion by Janice Brooks, seconded by Ron King, to reappoint Paul Rose to the Board of Health for a three year term to expire 12-1-2014. Motion Carried. Voice Action.

Motion by Joe Rudolphi, seconded by Mike Spitzner, to reappoint Marty Garrett to the Board of Health for a 1 year term to expire 12/1/2014. Motion Carried. Voice Action.

Chairman Pettit reported that the Regional Office of Education #12 Draft Financial Report is available for review in the County Clerk’s office.

Board members briefly discuss a request for funding from ESDA Coor. Steve Lewis for repairs to a first responder vehicle.

 

Motion by Jerry Britton, seconded by Chris Rinehart, (contingent upon findings from the Executive Finance Committee) to approve payment to repair the first responder vehicle, not to exceed $2500.00. Motion Carried.

Motion by Marty Garrett, seconded by Ted Whitehead, to adjourn. Time: 6:25 p.m. Motion Carried. Voice Action.

Mr. Chairman and Gentlemen of the County Board:

Your Committee on Paid Claims would beg leave to report that they have examined all claims presented to them, and recommend the payment of the following, and that the Clerk be directed to issue orders on the County Treasurer to the Claimants for the several amounts allowed, as follows, to wit:

No. Names of Claimants For What Amount of Claim

1. AIT LABORATORIES CORONER-TOXICOLOGY 180.00

2. AMEREN CIPS JAIL, HWY, PROB, CH-UTILITIES 340.80

3. AMEREN ENERGY MARKETING PROB, JAIL, CH-UTILITIES 764.24

4. BIBLE, PHYLLIS SHERIFF-INC EXP 125.00

5. BRANT, MARILYN ST ATTY-SEMINARS 614.97

6. BRITTON, BRENDA CO BOARD SEC FEES, CNTY CLK-MISC 165.12

7. CDS JAIL-MAINT OF EQUIPMENT 30.00

8. CELLULAR ONE ESDA/JAIL-PHONE 193.42

9. CHET’S ELECTRIC REPAIRS TO COUNTY BLDGS 127.25

10. CHILDERS, JEREMY JAIL-PHONE/SHERIFF-OVERTIME, ILEAS 646.42

11. CHRIS’ CUSTOM SEWING SHERIFF-UNIFORMS 15.00

12. CIAO S OF A-SUPPLIES 20.00

13. CITY OF FLORA ESDA-RENT 275.00

14. CLAY COUNTY HEALTH DEPT JAIL-MEDICAL, MISC & CONT 97.42

15. CLAY COUNTY HOSP PROB-INC EXP 12.25

16. COLCLASURE, DERRICK JAIL-OVERTIME 194.28

17. COMMUNICATION REVOLVING FUND JAIL-PHONE 439.15

18. COMPUTYPE MISC & CONT 75.00

19. COUNTY BOARD MEMBERS COUNTY BOARD MEETING 1975.96

20. DAUGHERTY, KAREN SHERIFF-INC EXP 125.00

21. DAWKINS AUTO SALES SHERIFF-AUTO MAINT 1173.23

22. DELUXE TREAS-SUPPLIES 407.45

23. DUSTY’S TIRE SHERIFF-AUTO MAINT 55.00

24. FANCHER, PHILLIP BAILIFF 292.00

25. FELDHAKE, MARK JAIL-PHONE 40.00

26. FLEETONE PROB-TRAVEL 160.41

27. FLORA PRINTING CO PROB-INC EXP 85.60

28. FRANK & BRIGHT CORONER-OFFICE EXP 100.00

29. FRENCH, GREG SHERIFF-AUTO MAINT, INC EXP, OVERTIME, TRAIN 1999.04

30. GALLS JAIL/SHERIFF-UNIFORMS 274.45

31. GREENWOOD, PAT JAIL-OVETIME, SHERIFF-INC EXP 309.84

32. GROSS, WILLIAM JAIL-OVERTIME/BAILIFF 773.58

33. HARGIS GLASS SHERIFF-AUTO MAINT 312.94

34. HEAVEN’S MIST SUPPLIES AT CH 65.00

35. HEUERMAN, CORY JAIL-PHONE 40.00

36. IACCR ZONE 1 CNTY CLK-MISC 20.00

37. IL CORONER’S ASSOC CORONER-DUES 325.00

38. JACOBI, JAMES CORONER-AUTOPSY 1830.00

39. LEONARD, AARON K ATTY FEES FOR INDIGENTS 550.00

40. LEWIS, ELAM JAIL-PHONE, SHERIFF-UNIFORMS 140.00

41. LORENZ SUPPLIES AT CH 486.88

42. LOUISVILLE POSTMASTER PROB-INC EXP 5.59

43. MANATRON S OF A-COMP TAX SERVICE/REC. MICRO 38,511.15

44. MILLER, WESLEY CORONER-SUPPLIES 17.42

45. MILLS, LILLIAN SHERIFF-INC EXP 125.00

46. MILNER, CHAD JAIL-PHONE 40.00

47. MILONE, GARY E ATTY FEES FOR INDIGENTS 2358.75

48. MUNICIPLE UTILITIES JAIL, PROB, CH, HWY-UTILITIES 1268.93

49. MURBARGER, DALE VICTIMS WITNESS COORD 6412.50

50. MYERS, ANDY JAIL-PHONE/SHERIFF-OVERTIME, ILEAS 1143.55

51. PHILLIPS, RAYMOND JAIL-PHONE 40.00

52. QUILL CNTY CLK/ELECTION-SUPPLIES 136.81

53. RAY O’HERRON SHERIFF-UNIFORMS 374.86

54. ROSS, KENNETH JAIL-OVERTIME 352.00

55. SALEM TIRE SHERIFF-AUTO MAINT 597.68

56. SARA PRICHARD COUNTY BOARD-EXP 50.00

57. SAV MORE PHARMACY JAIL-MEDICINE 12.15

58. SPITZNER, DOUG JAIL-OVERTIME 233.60

59. SPITZNER, STEVEN JAIL-PHONE, SHERIFF-UNIFORMS 140.00

60. SPRINT JAIL-PHONE 339.92

61. ST ATTY APPELLATE PROSECUTORS ST ATTY-EQUIPMENT MAINT 5000.00

62. STATE FIRE MARSHAL CH-EQUIPMENT MAINT 250.00

63. SUPERIOR ELEVATOR CH-EQUIPMENT MAINT 400.00

64. TOLLIVER, JANA TREAS-MISC 78.92

65. TYSON SHERIFF-SUPPLIES 432.00

66. UNIVERSITY OF ILLINOIS COUNTY SHARE OF 4H 26,250.00

67. WALMART PROB-INC EXP/JAIL-DIET OF PRIS, SUPPLIES 968.85

68. WILLIAMS, BARBARA JAIL-OVERTIME 1587.60

69. WIN MISC & CONT 92.00

70. WTCI JAIL, CH-PHONE, HWY-UTILITIES 1780.61

71. YOUNG’S PIT STOP SHERIFF-AUTO MAINT 54.00

72. ZIMDAR’S A/C APPLIANCES JAIL-MAINT OF EQUIP/CH-REPAIRS 274.03

TOTAL PAID CLAIMS $105,184.62

UNPAID CLAIMS

1. ACE HARDWARE PROB-INC EXP 119.99

2. AMEREN ENERGY MARKETING HWY-UTILITITES 103.04

3. CLAY COUNTY REPUBLICAN CIR CLK, CNTY CLK, ELECT-SUPPLIES 900.00

4. CNA SURETY PROB-INC EXP 200.00

5. DBS DISPOSAL HWY, JAIL, CH-UTILITIES 190.00

6. INDOFF PROB-INC EXP, ST ATTY, TREAS, CIR CLK 393.41

CH REC, S OF A-SUPPLIES

7. MICROTEK RECORDERS MICRO 950.00

8. MIDWEST OFFICE SUPPLIES SHERIFF-SUPPLIES 76.24

9. MIKE’S MARKET JAIL-DIET OF PRISONERS, SHERIFF-INC EXP 2238.08

10. QUILL ESDA-LEPC GRANT 250.30

11. RAY O’HERRON JAIL-MAINT, PURCHASE OF EQUIP 3590.27

SHERIFF-PURCHASE OF AUTO, CORONER-SUPPLIES

TOTAL UNPAID CLAIMS $9011.33

 

 

 

 

 

 

 

 
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