BLOOMINGTON - Legal fees tallied in the dispute between the McLean County clerk and state's attorney should be made a separate item in the county's budget, according to one board member.

The McLean County Board unanimously approved a $32 million general fund budget for the 2009 fiscal year, which will begin Jan. 1, at its regular meeting Tuesday. Board members Stan Hoselton of Lexington and Bob Nuckolls of Bloomington were absent.

Board member Don Cavallini of Lexington said the legal fees must be paid and so far the cost is far from known.

"This budget comes with an albatross," Cavallini said of the fees. "We need to be clear about what the costs are and not just hide them under the veil of 'legal fees' in the budget."

McLean County Clerk Peggy Ann Milton is suing State's Attorney Bill Yoder for $43,000 in legal fees she incurred while defending herself last year against charges accusing her of stealing county-issued stamps and the services of office workers. She was acquitted at a jury trial.

The county is paying attorney Jason Chambers to represent Milton in the pending Yoder lawsuit and three other pending personnel matters.

It also is paying attorney John Schwulst to offer Milton legal advice when questions arise about her office. Yoder normally would offer such advice, but he cannot now because of the pending lawsuit.

Board member William Caisley of Normal said the fees are hard to determine while the legal work is ongoing.

"Unfortunately, it is not possible to predict with any great certainty as to what those fees will be," said Caisley, a retired circuit court judge.

Although the county is spending about $500,000 more than last year, the county's tax levy is going up by about $1.5 million. Last year the county levied for $24.2 million in property taxes, and this year the county is seeking $25.8 million.

County Administrator John Zeunik said the county will be relying more on property taxes to cover county expenses in its next fiscal year. Revenue sources such as sales taxes and fees are expected to decline with the souring economy, he added.