KANE COUNTY BOARD - · PDF fileMaster Plan ... #12-227 Approving a Phase II Engineering Services Agreement with Wills Burke ... The Adjourned Meeting of the Kane County Board was held

Proceedings of the

KANE COUNTY BOARD

KANE COUNTY, ILLINOIS

July 10, 2012

COUNTY BOARD MINUTES – July 10, 2012

495

TABLE OF CONTENTS

COUNTY BOARD MEETING July 10, 2012 MINUTE APPROVAL June 12, 2012 ......................................................................................................................... 498 EXECUTIVE SESSION .......................................................................................................... 498 PRESENTATIONS Res #12-151 Recognition to Honor Kane County Fallen Hero (Christopher Alexander Patterson) ...................................................................................................... 498 Res #12-152 Recognition to Honor Kane County Fallen Hero (Alex Martinez) TABLED .... 499 ZONING PETITIONS #4281 Kaneville Township, Richard Zimmerman Trust ..................................................... 499 RESOLUTIONS AND ORDINANCES #12-204 Amending Resolution #11-193, Heating, Ventilation & Air Conditioning Serv. . 526 #12-205 Authorizing the Execution of an Intergovernmental Agreement with the Forest Preserve District of Kane County ...................................................................... 501 #12-206 Amending Resolution #12-58, Approving an Agreement for Landscape Maintenance for the Mill Creek Special Service Area ....................................... 501 #12-207 Approving a Contract for a Fiscal Impact Study for the Fabyan/Settler’s Hill Master Plan ........................................................................................................ 526 #12-208 Land/Cash Disbursement for Hinckley-Big Rock Community Unit School District #429 .................................................................................................................. 502 #12-209 Endorsing the Blackberry Creek Watershed Action Plan ................................... 502 #12-210 Appointments to the Kane County Task Force on Drinking and Driving ............ 503 #12-211 Appointment to Mill Creek Water Reclamation District (Michael Iwan) .............. 504 #12-212 Budget Adjustment for the Office of Emergency Management (Cities Readiness Initiative Grant .................................................................................................... 504 #12-213 Ongoing Transfer of Funds for County Information Technology Department Outside Agency Services and Support .............................................................. 505 #12-214 Authorizing Exception to the County Financial Policies Regarding Personnel Hiring and Replacement (Community Health Specialist II: Environmental Health Practitioner) ....................................................................................................... 506 #12-215 Authorizing Exception to the County Financial Policies Regarding Personnel Hiring and Replacement (ITD-Computer Services Manager)............................. 506 #12-216 Authorizing Exception to the County Financial Policies Regarding Personnel Hiring and Replacement (Supv of Assessments Office –Data Specialist) ......... 507 #12-217 Authorizing and Approving Certain Amendments and Actions Relating to


496

The Adjustable Demand Revenue Bonds, Glenwood School for Boys, Series 1993, of the County ............................................................................................. 528 #12-218 Authorizing Exception to the County Financial Policies Regarding Personnel Hiring and Replacement (KCDEE) ....................................................................... 534 #12-219 Amendment of Personnel Policy Handbook (On-the-Job Injuries and Illnesses) . 508 #12-220 Contract with National Center for State Courts to Write Requirements for Court Case Management for Court Services, State’s Attorney’s Office and Public Defender .............................................................................................................. 508 #12-221 Authorizing the Chairman to Appoint Additional Members of Board of Review ... 509 #12-222 Re-Appropriations of the Advanced Federal Surface Transportation Program Funds Allocated by the Illinois Department of Transportation for the Stearns Road Bridge Corridor .................................................................................................... 510 #12-223 Accepting Local Technical Assistance Services from the Chicago Metropolitan Agency for Planning (CMAP) ............................................................................... 536 #12-224 Approving Contract for Construction, Randall Road at Gyorr Avenue, Kane County Section No. 11-00410-00-TL ................................................................................ 511 #12-225 Approving a Phase II Engineering Services Agreement with EXP U. S. Services, Inc. for Dauberman Road over Welch Creek, Kane County Section No. 08-00386- 00- BR ................................................................................................................. 511 #12-226 Approving an Intergovernmental Agreement with the State of Illinois for Phase II Engineering, French Road over Burlington Creek, Kane County Section No. 08- 00066-02-BR ....................................................................................................... 512 #12-227 Approving a Phase II Engineering Services Agreement with Wills Burke Kelsey Associates for French Road over Burlington Creek, Kane County Section No. 08- 00386-00-BR ....................................................................................................... 513 #12-228 Approving an Intergovernmental Agreement with the State of Illinois for Phase II Engineering, French Road over Burlington Creek, Kane County Section No. 08- 00386-00-BR ....................................................................................................... 513 #12-229 Approving a Phase II Engineering Agreement with Fehr-Graham & Associates LLC for West County Line Road over Union Ditch #3, Kane County Section No. 08-000- 24-01-BR ............................................................................................................. 514 #12-230 Approving an Intergovernmental Agreement with The State of Illinois for Phase II Engineering, West County Line Road over Union Ditch #3, Kane County Section No. 08-00024-01-BR ............................................................................................ 515 #12-231 Approving Contract for Construction, Big Timber Road Embankment Stabilization Project, Kane County Section No. 08-00375-00-DR ............................................ 516 #12-232 Approving a Phase III construction Engineering Services Agreement with H.R. Green, Inc. for Anderson Road, Kane County Section No. 01-00274-00-BR ...... 516 #12-233 Approving an Intergovernmental Agreement with the State of Illinois for Phase III Construction and Construction Engineering Services for Phase III Construction and Construction Engineering Services for Anderson Road, Kane County Section No. 01-00274-00-BR ................................................................................................... 517 #12-234 Approving an Agreement between the Co.of Kane and AT&T, Utility Relocation . 536 #12-235 Approving an Illinois Commerce Commission Petition and Stipulated Agreement, Anderson Road Bridge over the Union Pacific Railroad Company Tracks ........... 518 #12-236 Approving an Agreement with the Union Pacific Railroad Company and the Blackberry Township Road District, Anderson Road Extension Grade Separation,


497

Kane County Section No. 01-00274-00-BR .......................................................... 518 #12-237 Approving Agreement with the Chicago, Central and Pacific Railroad Company for a Multi-Use Path Crossing (IL 25), Stearns Road Bridge Corridor, Kane County Section 06-00214-07-BR ...................................................................................... 519 #12-238 Approving Contract for Construction, Dugan Road Resurfacing, Big Rock Township, Section No. 12-03110-00-RS ................................................................................. 520 #12-239 Approving Intergovernmental Agreement between the County of Kane and the Blackberry Township Road District, Seavey Road ................................................. 520 #12-240 Authorizing Acquisition of Highway Right of Way, Kirk Road (County Highway No. 77) at Douglas Road, Kane County Section No. 08-00377-00-CH (2 Parcels) ...... 521 #12-241 Approving an Intergovernmental Agreement with the State of Illinois for Right of Way Acquisition, Kirk Road at Douglas Road Improvements, Kane County Section No. 08-00377-00-CH ............................................................................................ 524 #12-242 Approving Contract for Construction, 2012 Kane County Pavement Preservation, Kane County Section No. 12-00000-03-GM ......................................................... 525 COUNTY BOARD DISTRICTS Drawing of Lots to Determine the Terms of Office of County Board Districts ......................... 537 EXECUTIVE SESSION .......................................................................................................... 538 ADJOURNMENT Special Meeting July 31, 2012 ................................................................................................ 538


498

The Adjourned Meeting of the Kane County Board was held at the Kane County Government Center, Geneva, IL 9:45 a.m. on Tuesday July 10, 2012, Chairman, Karen McConnaughay, County Clerk, John Cunningham. Roll call as follows: PRESENT: Allan, Castro, Davoust, Donahue, Frasz, Haley, Hoscheit, Kenyon, Kunkel, Lewis, Lindgren, Mihalec, Mitchell, Molina, Reyna, Silva, Smith, Taylor, Tredup, Van Cleave, Vazquez, Wojnicki: ABSENT: Auger, Ford, Hurlbut, Reyna, PRESENT: 22 ABSENT: 4 APPROVAL OF MINUTES Motion by Castro; seconded by Van Cleave that the minutes of the June 12, 2012 meeting be approved. Motion carried unanimously by voice vote to approve the minutes of the June 12, 2012 meeting. EXECUTIVE SESSION Motion by Donahue; second by Lindgren, that the Board enters Executive Session for the purpose of discussing pending litigation. Motion carried unanimously by voice vote. Chairman McConnaughay closed the meeting to the public at 9:57 a.m. The Board resumed regular session at 10:25 a.m. Vice Chairman Van Cleave replaced Chairman McConnaughay (left 10:05 a.m.) to chair the meeting. PRESENTATION RESOLUTION #12-151

RECOGNITION TO HONOR KANE COUNTY FALLEN HERO (Christopher Alexander Patterson)

WHEREAS, “Freedom is not free – it must be earned and preserved by each succeeding

generation”; and WHEREAS, Kane County Citizen Soldier Christopher Alexander Patterson served in the United States Army in the highest military tradition; and WHEREAS, this fallen hero served in harm’s way in Afghanistan; and WHEREAS, he made the supreme sacrifice as a result of combat action; and WHEREAS, his name will be enshrined on the Kane County Veterans Memorial Wall of Honor Persian Gulf Era War plaque. NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that it recognizes and honors Christopher Alexander Patterson and his dedication in preserving the principals of justice, freedom and democracy.

### Vice Chairman Tom Van Cleave asked for Melisa Taylor to make the presentation on behalf of the County Board. Taylor thanked Mary and Bob Patterson for their son’s service.


499

RESOLUTION #12-152 TABLED

RECOGNITION TO HONOR KANE COUNTY FALLEN HERO (Alex Martinez)

WHEREAS, “Freedom is not free – it must be earned and preserved by each succeeding

generation”; and WHEREAS, Kane County Citizen Soldier Alex Martinez served in the United States Marine Corps in the highest military tradition; and WHEREAS, this fallen hero served in harm’s way in Afghanistan; and WHEREAS, he made the supreme sacrifice as a result of combat action; and WHEREAS, his name will be enshrined on the Kane County Veterans Memorial Wall of Honor Persian Gulf Era War plaque. NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that it recognizes and honors Alex Martinez and his dedication in preserving the principals of justice, freedom and democracy.

### Postponed until Martinez family is able to attend. PETITIONS PETITION #4281 Kaneville Township, Petitioner Richard Zimmerman Trust Motion by Kenyon, seconded by Frasz that Petition #4281 be granted.

ORDINANCE AMENDING THE

ZONING ORDINANCE OF KANE COUNTY, ILLINOIS

BE IT ORDAINED by the County Board of Kane County, Illinois, as follows: 1) That the following described properties are hereby rezoned and reclassified from F-District –

Farming to F-1 District Rural Residential: PARCEL 1: That part of the Northeast Quarter of the Northeast Quarter of Section 5, Township 39 North, Range 6 East of the 3rd Principal Meridian, described as follows: commencing at the Northeast corner of said Northeast Quarter; thence Southerly, along the East line of said Northeast Quarter, 60.04 feet to the Southerly Right of Way line of Illinois Route 38; thence Westerly, at an angle of 92°02’06”, measured counterclockwise from said East line, along said Southerly Right of Way line, 338.00 feet; thence Southerly, at Right angle to the last described course , 258.00 feet; thence Southeasterly, at an angle of 126°00’, measured clockwise from the last described course, 46.50 feet; thence Southerly, at an angle of 126°00’, measured counterclockwise from the last described course, 34.20 feet for the point


500

of beginning; thence continuing Southerly, along the last described course, 310.20 feet; thence Easterly, at an angle of 92°02’26”, measured clockwise from the last described course, 277.83 feet to said East line; thence Northerly, at Right angle to the last described course, along said East line, 310.00 feet; thence Westerly, at Right angle to the last described course, 288.84 feet to the point of beginning, all in Kaneville Township, Kane County, Illinois. PARCEL 2: That part of the Northeast Quarter of the Northeast Quarter of Section 5, Township 39 North, Range 6 East of the 3rd Principal Meridian, described as follows: commencing at the Northeast corner of said Northeast Quarter; thence Southerly, along the East line of said Northeast Quarter, 60.04 feet to the Southerly Right of Way line of Illinois Route 38; thence Westerly, at an angle of 92°02’06”, measured counterclockwise from said East line, along said Southerly Right of Way line, 338.00 feet for the point of beginning; thence Southerly, at Right angle to the last described course, 258.00 feet; thence Southeasterly, at an angle of 126°00’, measured clockwise from the last described course, 46.50 feet; thence Southerly, at an angle of 126°00’, measured counterclockwise from the last described course, 142.00 feet; thence Westerly, at Right angle to the last described course, 245.00 feet; thence Northerly, at Right angle to the last described course, 427.33 feet to said Southerly Right of Way line, thence Easterly, at Right angle to the last described course, along said Southerly Right of Way line, 207.38 feet to the point of beginning, all in Kaneville Township, Kane County, Illinois. The properties are located at 49W055 & 49W073 Route 38. 2) That the rezoning be granted with the following stipulations:

1) Parcel One (10.00 Acres) and Parcel Two (17.35 Acres) will continue to be served by a

single access to Illinois State Route 38. Should the ownership of these parcels change in the future, the owner of Parcel Two shall grant an access easement to Parcel One, for perpetual use of the shared driveway through Parcel Two.

2) The access easement is to be recorded prior to the County Board meeting.

3) That the zoning maps of Kane County, Illinois, be amended accordingly.

4) This ordinance shall be in full force and effect from and after its passage and approved as

provided by Law. ###

No discussion. Roll Call as follows: Ayes: Allan, Castro, Collins, Davoust, Donahue, Frasz, Haley, Hoscheit, Kenyon, Kunkel, Lewis, Lindgren, Mitchell, Mihalec, Molina, Silva, Smith, Taylor, Tredup, Vazquez, Wojnicki NAYES: None ABSTAIN: None Ayes: 21 Nayes:0 Abstain: 0 PETITION #4281 IS GRANTED.

CONSENT AGENDA

Vice Chairman Van Cleave requested items to be considered separately. Items removed from Consent Agenda as follows: #12-204, #12-218, #12-223, #12-234 by Taylor, #12-207 by Mitchell, #12-217 by Wojnicki. Motion by Vazquez second by Collins that the Consent Agenda ( #12-205, #12-206, #12-207, #12-208, #12-209, #12-210, #12-211, #12-212, #12-213, #12-214, #12-215, #12-216, #12-219, #12-220, #12-221, #12-222, #12-224, #12-225,


501

#12-226, #12-227, #12-228, #12-229, #12-230, #12-231, #12-232, #12-233, #12-235, #12-236, #12-237, #12-238, #12-239, #12-240, #12-241, #12-242) be adopted. RESOLUTION #12-205

A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE FOREST PRESERVE DISTRICT OF KANE COUNTY

WHEREAS, the COUNTY OF KANE (“County”) and the FOREST PRESERVE

DISTRICT OF KANE COUNTY (“District”) desire to enter into an Intergovernmental Agreement; and WHEREAS, said Intergovernmental Agreement permits the District to transfer ownership of certain properties to the County as described therein; and WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes such an agreement, as does 5 ILCS 200/1, et. Seq., Intergovernmental Cooperation Act and 50 ILCS 605/1 et. Seq. (Local Government Property Transfer Act). NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the Chairman is hereby authorized to execute and deliver on behalf of the County, said Intergovernmental Agreement (a copy of which is on file in the office of the Kane County Clerk).

### RESOLUTION #12-206

AMENDING RESOLUTION 12-58, APPROVING AN AGREEMENT FOR LANDSCAPE MAINTENANCE FOR THE MILL CREEK SPECIAL SERVICE AREA

WHEREAS, Resolution 12-58 approved a contract with Summer Green Landscaping &

Snow Services Inc. of Plainfield, Illinois (Summer Green) for the landscape maintenance of selected areas of the Mill Creek Special Service Area. Said agreement has been terminated as of May 18, 2012 as mutually agreed to by the County and Summer Green; and WHEREAS, it has been determined that the best method to complete the required landscape maintenance within Mill Creek is to divide the work between the next two responsive bidders, Cornerstone Partners of St. Charles, Illinois and County Wide of Elburn, Illinois. Said vendors have been contacted and negotiated to work collectively to maintain the landscaping within Mill Creek for the remainder of the 2012 landscaping season for a cost of $37,800 to Cornerstone Partners and a cost of $21,600 to County Wide, total contract cost of $59,400; and WHEREAS, adequate funds have been budgeted and are available to complete these contracts. NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the chair thereof is authorized to enter into a contract with County Wide Landscaping of Elburn, Illinois for $21,600 ad a contract with Cornerstone Partners of St. Charles, Illinois for $37,800 to


502

complete the landscape maintenance within the Mill Creek Special Service Area. Funding shall be paid from the Special Service Area Fun 520.690.730.52120.

Line Item Line Item Description Was personnel/item/service

approved in original budget or a subsequent

budget revision?

Are funds currently available for this

personnel/item/service in the specific line item?

If funds are not currently available in

the specified line item, where are the funds

available?

520.690.730.52120 Repairs and

Maintenance-Grounds

Yes

Yes

N/A

###

RESOLUTION #12-208 LAND CASH DISBURSEMENT FOR

HINCKLEY-BIG ROCK COMMUNITY UNIT SCHOOL DISTRICT #429

WHEREAS, Hinckley-Big Rock Community Unit School District #429 has requested disbursement of $27,440.00 in Land Cash Funds; and WHEREAS, the Kane County Plat Officer has verified that sufficient funds exist in the appropriate Land Cash Account; and WHEREAS, the Executive Committee of the Kane County Board has reviewed the request for disbursal of funds; and WHEREAS, the governing body of Hinckley-Big Rock Community Unit School District #429 has passed a resolution authorizing the execution of a Land Cash Intergovernmental Agreement with the County of Kane, a copy of which is on file at the County Clerk's office; and WHEREAS, pursuant to said resolution, Hinckley-Big Rock Community Unit School District #429 has executed a Land Cash Intergovernmental Agreement with the County of Kane, a copy of which is also on file with the County Clerk's Office. NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the Chairman thereof is authorized and directed to execute the Intergovernmental Agreement between Hinckley-Big Rock Community Unit School #429 and the County of Kane. BE IT FURTHER RESOLVED that Twenty-Seven Thousand Four Hundred Forty Dollars ($27,440.00) be disbursed to Hinckley-Big Rock Community Unit School District #429, said funds to be paid from the Trust and Agency Fund #105 (Land Cash Ordinance). The Treasurer is hereby authorized to disburse payment to Hinckley-Big Rock Community Unit School District #429.


A RESOLUTION ENDORSING THE BLACKBERRY CREEK WATERSHED ACTION PLAN

WHEREAS, the Blackberry Creek Watershed Action Planning group, representing a diversity of watershed stakeholders, has been working in a collaborative manner since 2010 to prepare a comprehensive watershed-based plan for the Blackberry Creek Watershed in Kane and Kendall Counties, Illinois; and WHEREAS, stewardship of watershed resources including water quality is important to the prosperity of residents and landowners of Kane County and elsewhere in the Blackberry Creek Watershed; and


503

WHEREAS, a purpose of the Blackberry Creek Watershed Action Plan is to identify opportunities for watershed communities to integrate watershed management goals and objectives in local planning, natural resource protection, and development activities; and WHEREAS, a purpose of the Blackberry Creek Watershed Action Plan is to identify opportunities to protect and improve surface water and groundwater quality by implementing best management practices and programs; and WHEREAS, the Blackberry Creek Watershed Action Plan offers reasoned guidance to urban and rural landowners and decision-makers alike for conserving the land, soil, and water resources of the Blackberry Creek Watershed; and WHEREAS, the Blackberry Creek Watershed Action Plan implements open space, green infrastructure and water resources policies in the Kane County 2040 Plan, a part of the Quality of Kane initiative. NOW, THEREFORE, BE IT RESOLVED that the County of Kane supports a collective effort to implement the projects, programs, and policies similar to those recommended in the Blackberry Creek Watershed Action Plan.


AUTHORIZING THE CONTINUANCE OF THE KANE COUNTY TASK FORCE ON DRINKING AND DRIVING

WHEREAS, Resolution #11-275 authorized the continuance of the Kane County Task

Force on Drinking and Driving and approved bylaws that govern the operation of the task force; and

WHEREAS, the Kane County Task Force on Drinking and Driving bylaws call for the Chairman of the County Board, with the advice and consent of the County Board, to appoint the initial 13 voting members of the DUI Task Force.

NOW, THEREFORE, BE IT RESOLVED that effective immediately, the following individuals be appointed to the Kane County Task Force on Drinking and Driving to serve through June 1, 2013: Steve Williams, Chief of Police Gilberts Police Department; Carol Lussky, Chief of Police Pingree Grove Police Department; Chris Merritt, Chief of Police South Elgin Police Department; Dan Hoffman, Chief of Police Campton Hills Police Department; James Lamkin, Chief of Police St. Charles Police Department; Kane County Sheriff Pat Perez; David Summer, Chief of Police North Aurora Police Department; Scott Rocush - President Coalition of Treatment Providers; Rita Kreslin –AAIM; Susan McKeigue - MADD; Honorable John Hoscheit, Kane County Board; Honorable Jesse Vazquez, Kane County Board; Honorable Maggie Auger, Kane County Board.

###


504

RESOLUTION #12-211 APPOINTMENT TO

MILL CREEK WATER RECLAMATION DISTRICT (Michael Iwan)

WHEREAS, there exists a vacancy on the Board of Trustees of the Mill Creek Water

Reclamation District due to the expiration of the term of Michael Iwan; and

WHEREAS, the Chairman of the County Board has by law the responsibility to fill said vacancy by appointment, with the advice and consent of the County Board.

NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that Michael Iwan, 0N694 Green Place, Geneva, Illinois, 60134, is hereby appointed to the office of Trustee of the Mill Creek Water Reclamation District, such appointment to be effective immediately and to expire on the first Monday of July in the year 2015, or until his successor shall have been appointed and qualified.

BE IT FURTHER RESOLVED that the bond of Michael Iwan is hereby fixed in the sum

of $1,000 with a corporate surety indemnifying the People of the State of Illinois and the County of Kane during his term of office.


BUDGET ADJUSTMENT FOR THE OFFICE OF EMERGENCY MANAGEMENT (Cities Readiness Initiative Grant)

WHEREAS, the Cities Readiness Initiative Grant was awarded to the Health Department in support of emergency preparedness and response capabilities within Kane County; and WHEREAS, $15,000 of said grant has been allocated to help support the Office of Emergency Management. NOW, THEREFORE, BE IT RESOLVED that the funds from said grant totaling $15,000.00 (Fifteen Thousand Dollars) be transferred to the 2012 Office of Emergency Management budget allocated to the following line items. 350.580.580.99000 Transfer To Other Funds + $15,000 350.580.580.50150 Contractual/Consulting Services ($15,000) 001.000.000.39000 Transfer From Other Funds + $15,000

001.510.510.52150 Repair & Maintenance – Communication Equipment + $5,000 001.510.510.52230 Repair & Maintenance Vehicles + $5,000 001.510.510.60010 Operating Supplies + $5,000

Line item Line item Description Was

personnel/item/service Approved in original

budget or a subsequent Budget revision?


personnel/item/service in the specified line

item?



available?

001.510.510.52150 Repair & Maint Comm Equip No No 350-580-580-50150


505

001.510.510.52230 Repair & Maint Vehicles No No 001.510.510.60010 Operating Supplies No No


ONGOING TRANSFER OF FUNDS FOR COUNTY INFORMATION TECHNOLOGIES DEPARTMENT

OUTSIDE AGENCY SERVICES AND SUPPORT

WHEREAS, the Kane County Information Technologies Department receives requests from agencies requiring special assistance; and WHEREAS, the Information Technologies Department is the only department having access to applications required to perform special assistance for Illinois law enforcement agencies, fire departments, park and forest preserve; and WHEREAS, the mutually agreed to scope of work requested by these agencies is outside of the Information Technologies employees required duties and responsibilities. NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the Information Technologies Department employees receive appropriate compensation for units of work performed with a transfer of funds received from outside agencies.

BE IT FURTHER RESOLVED by the Kane County Board that the following FY12 budget adjustment be made to reflect this transfer of funds: 001.060.000.38900 Miscellaneous Other $20,000 001.060.060.40000 Salaries and Wages $16,888 001.800.808.99000 Transfer to Other Funds $ 3,112 110.800.000.39000 Transfer From Other Funds $ 1,820 110.800.802.45200 IMRF $ 1,820 111.800.000.39000 Transfer From Other Funds $ 1,292 111.800.803.45100 FICA/SS $ 1,292



budget revision?





available? 001.060.060.40000 001.800.808.99000

Salaries & Wages Transfer To Other Funds

No No 001.060.000.38900, Miscellaneous Other

###


506

RESOLUTION #12-214 AUTHORIZING EXCEPTION TO THE COUNTY FINANCIAL POLICIES REGARDING

PERSONNEL HIRING AND REPLACEMENT (Community Health Specialist II: Environmental Health Practitioner)

WHEREAS, on September 9, 2008 the Kane County Board had deemed it necessary to adopt by

Resolution a moratorium on the hiring of new County personnel and the replacement of existing or future personnel vacancies; and

WHEREAS, Resolution 10-310, approved the Kane County Health Department re-organization

structure in order to assure the delivery of the essential services of public health; and

WHEREAS, the Kane County Health Department requires hiring of a Community Health Specialist II: Environmental Health Practitioner in order to provide community health services and required public health inspections and environmental investigations and services; and

WHEREAS, current staffing levels for the Department’s Environmental Health staff have fallen below those approved due to the resignation of two Environmental Health staff; and

WHEREAS, the non-exempt Community Health Specialist II: Environmental Health Practitioner Grade 10 position with a salary range of $33,734 through $37,968, has been included in the FY12 budget and therefore passage of this resolution does not require a budget amendment for fiscal year 2012; and

WHEREAS, the Executive Director of the Kane County Health Department is requesting the Kane County Board to allow an exception to the hiring moratorium, as the continuance of a shortage of staff will have a negative operational impact on the Department’s ability to carry out its mission.

NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the Chairman thereof allow

the Kane County Health Department to hire a replacement to fill the Community Health Specialist II: Environmental Health Practitioner position within the Department.

Line item Line Item Description Was personnel/item/service

approved in original budget or a subsequent budget

revision?



item?



available? 350.580.630.40000 Salaries & Wages Yes Yes n/a


AUTHORIZING EXCEPTION TO THE COUNTY FINANCIAL POLICIES REGARDING PERSONNEL HIRING AND REPLACEMENT

(Information Technologies Department)

WHEREAS, the Kane County Information Technologies Department (ITD) Administration and Technical Service Division is responsible to provide computer (hardware and software) support to Kane County Offices and Departments; and

WHEREAS, the Kane County Information Technologies Department utilizes Computer Technicians to accomplish its goals and missions; and

WHEREAS, current staffing level for support operations has fallen below the level needed to

provide for and sustain application support due to the vacancy of a Computer Services Manager; and


507

WHEREAS, on September 9, 2008, the Kane County Board had deemed it necessary to adopt by Resolution a moratorium on the hiring of new County personnel and the replacement of existing or future personnel vacancies; and

WHEREAS, the Executive Director of the Kane County Information Technologies Department has requested the Kane County Board to allow exception to the hiring moratorium as the continuance of a shortage of staff will have a negative operational impact on the Department’s ability to efficiently and effectively conduct the operations of computer support.

NOW, THEREFORE, BE IT FURTHER RESOLVED by the Kane County Board that the County Information Technologies Department be allowed to hire one replacement Computer Technician to fill the support vacancy at a salary range of $45,000 to $55,000.

Line item Line Item Description Was personnel/item/service approved in original budget or

a subsequent budget revision?


personnel/item/service in the specified line item?



available?

001.060.060.40000 Salaries & Wages Yes Yes


AUTHORIZING EXCEPTION TO THE COUNTY FINANCIAL POLICIES REGARDING PERSONNEL HIRING

(Supervisor of Assessments Office – Data Specialist)

WHEREAS, on September 9, 2008 (Resolution No. 08-278) the Kane County Board had deemed it necessary to adopt by Resolution a moratorium on the hiring of new county personnel and the replacement of existing or future personnel vacancies; and WHEREAS, one vacancy exists of a Data Specialist due to retirement; and

WHEREAS, the position has diverse job responsibilities, and there is lengthy time of training due to the tax cycle; and

WHEREAS, the personnel need to collect, compile, analyze, audit and develop statistical

documentation to meet mandated requirements for legal, uniform, correct and timely preparation of the assessment roll; and

WHEREAS, the Supervisor of Assessments Office must complete its work in a timely manner,

otherwise, future real estate tax bills will not be mailed on time; and WHEREAS, the request is made that the Kane County Board allow an exception to the hiring

moratorium, as the continuance of a shortage of staff will have a negative operational impact on the office’s ability to function as mandated; and WHEREAS, the salary of the new personnel is included in the fiscal year budget. NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the Supervisor of Assessments is here by authorized to post the position, interview and hire to fill the vacancy for a Data Specialist.

###


508

RESOLUTION #12-219 AMENDMENT OF PERSONNEL POLICY HANDBOOK

ON THE JOB INJURIES AND ILLNESSES WHEREAS, from time to time the Human Services Committees finds it desirable to

amend certain policies contained in the Kane County Personnel Policy Handbook and to adopt new policies; and WHEREAS, the Human Services Committee desires to amend the Workers Compensation policy and rename the policy On the Job Injuries and Illnesses. NOW, THEREFORE, BE IT RESOLVED by the Kane County Board the On the Job Injuries and Illnesses Policy is adopted and immediately effective.


CONTRACT WITH NATIONAL CENTER FOR STATE COURTS TO WRITE REQUIREMENTS FOR COURT CASE MANAGEMENT FOR COURT SERVICES, STATE’S

ATTORNEY’S OFFICE AND THE PUBLIC DEFENDER

WHEREAS, Court Services, State’s Attorney’s Office and the Public Defender have determined that there is an urgent need to proceed with a court case management system; and WHEREAS, National Center for State Courts had previously submitted a successful bid to provide requirements for court case management for Court Services; and WHEREAS, Court Services, State’s Attorney’s Office and the Public Defender desire to proceed with said bid with National Center for State Courts and to also include the State’s Attorney’s Office and the Public Defender; and WHEREAS, this proposal is consistent with the terms of the Settlement Agreement dated September 12, 2011 between Plaintiff/Counter-Defendant Seyller and Defendant/Counter-Plaintiff Kane County. NOW, THEREFORE, BE IT RESOLVED that the County Board Chairman is authorized to enter into an agreement with National Center for State Courts to write the requirements for a Court Case Management system for Court Services, State’s Attorney’s Office and the Public Defender’s Office in an amount not to exceed Ninety Thousand Dollars ($90,000) and that funds previously allocated in fiscal year 2011 under Resolution No. 11-355 be re-allocated to fiscal year 2012.

NOW, THEREFORE, BE IT FURTHER RESOLVED by the Kane County Board that the

following FY12 budget adjustment be made: 125.800.000.39900 Public Safety Sales Tax Cash On Hand +$90,000 125.800.810.50150 Contractual/Consulting Services +$90,000


509

Line item Line Item Description Was personnel/item/service approved in original

budget or a subsequent budget

revision?


personnel/item/service in the specified

line item?

If funds are not currently available in the specified line

item, where are the funds available?

125.800.810.50150 Contractual/Consulting Services

NO NO 125.800.000.39900 (Cash on Hand)


AUTHORIZING THE CHAIRMAN TO APPOINT ADDITIONAL MEMBERS OF THE BOARD OF REVIEW

WHEREAS, the Illinois Property Tax Code requires that the Board of Review in every

County under township organization consist of three members, regardless of parcel county or workload (35 ILCS 200/6-5, et seq.); and

WHEREAS, Kane County, which is under township organization, has a three-member Board of Review; and

WHEREAS, the Kane County Board of Review held hearings on 5,480 parcels in the 2011 property tax year, up from 4,963 parcels in the prior year; and

WHEREAS, the Kane County Board of Review must complete its work in a timely manner, otherwise, 2012 real estate tax bills will not be mailed on time; and

WHEREAS, the Kane County Treasurer reports that late real estate tax bills can cost the taxpayers of Kane County more than $10,000 per day in interest charges on tax anticipation warrants; and

WHEREAS, the Illinois Property Tax Code provides that in such circumstances, a County Board may declare by resolution that the number of complaints filed with a Board of Review creates an “emergency situation” and causes the need for additional members of the Board of Review so that it may complete its work in a timely manner; and

WHEREAS, the Illinois Property Tax Code provides when the County Board adopts such a resolution, the Chairman of the County Board may appoint additional qualified members to the board of review to hold separate hearings on complaints.

NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that an emergency situation, as defined by the Illinois Property Tax Code, exists for 2012 and Chairman of the County Board may appoint additional qualified members to the Board of Review to hold separate hearings on complaints so that the Board of Review may complete its work in a timely manner.

BE IT FURTHER RESOLVED that compensation and other expenses of the Board of Review, convened in extraordinary session, shall be paid by Kane County.


510



budget revision?



If funds are not currently available in the specified line item, where are the

funds available?

001-170-171-40300 Board of Review

Employee Per Diem Yes Yes N/A


RE-APPROPRIATION ADVANCED FEDERAL SURFACE TRANSPORTATION PROGRAM FUNDS

ALLOCATED BY THE ILLINOIS DEPARTMENT OF TRANSPORTATION STEARNS ROAD BRIDGE CORRIDOR

WHEREAS, pursuant to Kane County Board Resolution No. 09-51, the County of Kane (hereinafter “Kane”), the County of Lake (hereinafter “Lake”), and the County of Will (hereinafter “Will”) entered into an intergovernmental agreement (a copy of which is on file with the County Clerk's Office) regarding the use and repayment of Lake and Will’s unobligated federal STP-C Funds for the Kane County Stearns Road Bridge Corridor, Kane County Section No. 06-00214-20-BR; and WHEREAS, pursuant to the intergovernmental agreement Kane is obligated to repay to Lake and Will, interest free, an estimated total of $1,829,690 from local funds over five years at an estimated annual amount of $365,938 which amount is subject to change depending upon the annual allocation of STP-C Funds; and WHEREAS, pursuant to Kane County Resolution No. 10-188, the County Board appropriated One Million Eight Hundred Twenty Nine Thousand Six Hundred Ninety Dollars ($1,829,690.00) to be paid in accordance with the intergovernmental agreement to Lake and Will Counties over the next five years with $1,107,169 to be paid from North Impact Fees Fund No. 558, Line Item 73010 (Bridge Construction) and $722,521 to be paid from Transit Sales Tax Bond Fund No. 513, Line Item #73010 (Bridge Construction); and

WHEREAS, the County has determined it to be advantageous to re-appropriate the remaining three years of the payments due(transfer future indebtedness) from the North Impact Fees Fund No. 558 to the Transportation Sales Tax Fund No. 305. NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the remaining indebtedness due Lake County and Will County pursuant to Kane County Board Resolution No. 09-51, in the amount of One Million Forty Two Thousand Six Hundred Fourteen Dollars ($1,042,614.00) to be paid from Transportation Sales Tax Fund No. 305, Line Item 73010 (Bridge Construction).



budget revision?



item?


funds available?

305.520.527.73010 Bridge Construction Yes Yes

###


511

RESOLUTION #12-224 APPROVING CONTRACT FOR CONSTRUCTION

RANDALL ROAD AT GYORR AVENUE KANE COUNTY SECTION NO. 11-00410-00-TL

WHEREAS, the Kane County Division of Transportation has solicited and received bids for the work and/or construction described as:

KANE COUNTY SECTION NO. 11-00410-00-TL

RANDALL ROAD AT GYORR AVENUE

(hereinafter the “Project”)

WHEREAS, the lowest responsible bidder for the Project is:

H & H ELECTRIC COMPANY OF FRANKLIN PARK, IL

WITH A LOW BID OF $406,184.40

NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the Contract for the

Project described hereinabove shall be awarded to the low bidder as indicated hereinabove and that the County Board Chairman is hereby authorized and directed to execute a contract and contractor’s bond therefor.

BE IT FURTHER RESOLVED that there is hereby appropriated the sum of Four Hundred Six

Thousand One Hundred Eighty Four and 40/100 Dollars ($406,184.40) from Transit Sales Tax Fund #305, Line Item #73000 (Road Construction) to pay for the construction of the Project.


approved in original budget or a

subsequent budget revision?



item?


funds available?

305.520.527.73000 Road Construction Yes Yes


APPROVING A PHASE II ENGINEERING SERVICES AGREEMENT WITH EXP U.S. SERVICES, INC. FOR

DAUBERMAN ROAD OVER WELCH CREEK KANE COUNTY SECTION NO. 08-00066-02-BR

WHEREAS, Phase II Engineering services are required for the proposed improvement of the

Dauberman Road (Kane County Highway No. 62) Bridge over Welch Creek improvement (herein referred to as the “Improvement”); and

WHEREAS, in order to accomplish the Improvement, it is necessary to retain the services of a professional engineering firm to provide Phase II Engineering services therefor; and


512

WHEREAS, exp U.S. Services, Inc., 205 N. Michigan Avenue, Chicago, IL 60601 has experience and professional expertise in Phase II Engineering and is willing to perform the required services for an amount not to exceed Ninety Five Thousand Two Hundred Twenty Eight and 04/100 Dollars ($95,228.04). NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the Chairman thereof is hereby authorized to execute a Phase II Engineering services agreement with exp U.S. Services, Inc. (a copy of which is on file with the County Clerk's Office). BE IT FURTHER RESOLVED that the Kane County Board appropriate the not to exceed sum of Ninety Five Thousand Two Hundred Twenty Eight and 04/100 Dollars ($95,228.04) from Local Option Fund #304, Line Item #50140 (Engineering) to pay for said Phase II Engineering services with approximately eighty percent (80%) reimbursement thereof to the County from federal funds.

Line item Line Item Description

Was personnel/item/service





item?


funds available?

304.520.524.50140 Engineering Yes Yes


APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ILLINOIS FOR PHASE II ENGINEERING

DAUBERMAN ROAD OVER WELCH CREEK KANE COUNTY SECTION NO. 08-00066-02-BR

WHEREAS, the Illinois Constitution of 1970, Article VII, Section 10 and 5 ILCS 220/1, et seq.

authorizes the County of Kane (County) and the State of Illinois (State) to cooperate in the performance of their respective duties and responsibilities by contract and other agreements; and

WHEREAS, the County and the State (through the Illinois Department of Transportation) desire

to cooperate among themselves to accomplish the Phase II Engineering of bridge improvements on the Kane County Highway No. 62 (Dauberman Road) Bridge over Welch Creek (hereinafter referred to as the “Improvement”); and

WHEREAS, the County and the State desire to undertake Phase II Engineering for the

Improvement at an estimated cost of $95,228.04; and

WHEREAS, the Improvement is deemed by the County and the State to be of immediate benefit to the residents of the County of Kane and the State of Illinois in that it shall facilitate the safe and efficient movement of traffic and shall provide for the safety of the motoring public; and WHEREAS, the County and the State have determined a mutually satisfactory allocation of responsibilities and costs for said Improvement as set forth in the agreement, with the County share of the Phase II Engineering is estimated to be $19,046.00.

NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the Chairman thereof

is hereby authorized to execute an intergovernmental agreement with the State of Illinois acting through the Illinois Department of Transportation for Phase II Engineering for the Improvement (a copy of which is on file with the County Clerk's Office).


513


APPROVING A PHASE II ENGINEERING SERVICES AGREEMENT WITH WILLS BURKE KELSEY ASSOCIATES FOR

FRENCH ROAD OVER BURLINGTON CREEK KANE COUNTY SECTION NO. 08-00386-00-BR

WHEREAS, Phase II Engineering services are needed for the proposed improvement of the

French Road (Kane County Highway No. 11) Bridge over Burlington Creek (herein referred to as the “Improvement”); and

WHEREAS, in order to accomplish the Improvement, it is necessary to retain the services of a professional engineering firm to provide Phase II Engineering services; and WHEREAS, Wills Burke Kelsey Associates, Ltd., 116 West Main Street, Suite 201, St. Charles, IL 60174-1854 has experience and professional expertise in Phase II Engineering and is willing to perform the required services for an amount not to exceed One Hundred Sixty Two Thousand Twenty One and 73/100 Dollars ($162,021.73); and WHEREAS, necessary fees to be expended during the Improvement’s Phase II Engineering for the required purchase of wetland credits, permitting, and utility relocation are estimated to be an additional One Hundred Thirty Three Thousand Five Hundred and No/100 Dollars ($133,500.00). NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the Chairman thereof is hereby authorized to execute a Phase II Engineering services agreement with Wills Burke Kelsey Associates, Ltd. (a copy of which is on file with the County Clerk's Office). BE IT FURTHER RESOLVED that the Kane County Board appropriate the not to exceed sum of Two Hundred Ninety Five Thousand Five Hundred Twenty Two and no/100 Dollars ($295,522.00) from Local Option Fund #304, Line Item #50140 (Engineering) to pay for said Phase II Engineering services and the fees associated with the required purchase of wetland credits, permitting and utility relocation for the Project with approximately eighty percent (80%) reimbursement thereof to the County from federal funds.


Was personnel/item/service approved in original budget or a





funds available? 304.520.524.50140 Engineering Yes Yes



FRENCH ROAD OVER BURLINGTON CREEK KANE COUNTY SECTION NO. 08-00386-00-BR




514

WHEREAS, the County and the State (through the Illinois Department of Transportation) desire to cooperate among themselves to accomplish Phase II Engineering for improvements on the Kane County Highway No. 11 (French Road) Bridge over Burlington Creek (hereinafter referred to as the “Improvement”); and


Improvement at an estimated cost of $162,021.73; and WHEREAS, fees associated with the required purchase of wetland credits, permitting and utility

relocation are estimated to cost $133,500.00; and

WHEREAS, the Improvement is deemed by the County and the State to be of immediate benefit to the residents of the County of Kane and the State of Illinois in that it shall facilitate the safe and efficient movement of traffic and shall provide for the safety of the motoring public; and WHEREAS, the County and the State have determined a mutually satisfactory allocation of responsibilities and costs for said Improvement as set forth in the intergovernmental agreement (a copy of which is on file with the County Clerk's Office), with the County share of the Phase II Engineering and fees associated with the purchase of wetland credits, permitting and utility relocation is estimated to be $59,104.00.


is hereby authorized to execute an intergovernmental agreement with the State of Illinois acting through the Illinois Department of Transportation for Phase II Engineering for the Improvement.


APPROVING A PHASE II ENGINEERING SERVICES AGREEMENT WITH FEHR-GRAHAM & ASSOCIATES LLC FOR

WEST COUNTY LINE ROAD OVER UNION DITCH 3 KANE COUNTY SECTION NO. 08-00024-01-BR

WHEREAS, Phase II Engineering services are required for the proposed improvement of the

West County Line Road (Kane County Highway No. 1) Bridge over Union Ditch 3 (herein referred to as the “Improvement”); and

WHEREAS, in order to accomplish the Improvement, it is necessary to retain the services of a professional engineering firm to provide Phase II Engineering services; and WHEREAS, Fehr-Graham & Associates LLC, 4440 Ash Grove, Springfield, IL 62711 has experience and professional expertise in Phase II Engineering and is willing to perform the required services for an amount not to exceed Two Hundred Twelve Thousand Seven Hundred Eighty Seven and 21/100 Dollars ($212,787.21); and WHEREAS, necessary fees to be expended during the Improvement’s Phase II Engineering for the required purchase of a permit is estimated to be an additional Two Thousand Seven Hundred Eleven and No/100 Dollars ($2,711.00). NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the Chairman thereof is hereby authorized to execute a Phase II Engineering services agreement with Fehr-Graham & Associates LLC (a copy of which is on file with the County Clerk's Office).


515

BE IT FURTHER RESOLVED that the Kane County Board appropriate the not to exceed sum of Two Hundred Fifteen Thousand Four Hundred Ninety Eight and 21/100 Dollars ($215,498.21) from Local Option Fund #304, Line Item #50140 (Engineering) to pay for said Phase II Engineering services for the Project with approximately eighty percent (80%) reimbursement thereof to the County from federal funds.


Was personnel/item/service approved in original budget or

a subsequent budget revision?



item?


funds available?

304.520.524.50140 Engineering Yes Yes



WEST COUNTY LINE ROAD OVER UNION DITCH 3 KANE COUNTY SECTION NO. 08-00024-01-BR



WHEREAS, the County and the State (through the Illinois Department of Transportation) desire

to cooperate among themselves to accomplish Phase II Engineering of improvements on the Kane County Highway No. 1 (West County Line Road) Bridge over Union Ditch 3 (hereinafter referred to as the “Improvement”); and



WHEREAS, the Improvement is deemed by the County and the State to be of immediate benefit to the residents of the County of Kane and the State of Illinois in that it shall facilitate the safe and efficient movement of traffic and shall provide for the safety of the motoring public; and WHEREAS, the County and the State have determined a mutually satisfactory allocation of responsibilities and costs for said Improvement as set forth in the intergovernmental agreement (a copy of which is on file with the County Clerk's Office) with the County share of the Phase II Engineering is estimated to be $42,557.44.


is hereby authorized to execute an intergovernmental agreement with the State of Illinois acting through the Illinois Department of Transportation for Phase II Engineering for the Improvement.

###


516

RESOLUTION #12-231 APPROVING CONTRACT FOR CONSTRUCTION

BIG TIMBER ROAD EMBANKMENT STABILIZATION PROJECT KANE COUNTY SECTION NO. 08-00375-00-DR


KANE COUNTY SECTION NO. 08-00375-00-DR

BIG TIMBER ROAD EMBANKMENT STABILIZATION



MARTAM CONSTRUCTION, INC. OF ELGIN, IL




BE IT FURTHER RESOLVED that there is hereby appropriated the sum of Nine Hundred Sixty

Eight Thousand Twenty One Dollars ($968,021.00) from Transit Sales Tax Fund #305, Line Item #73000 (Road Construction) to pay for the construction of the Project.






item?


funds available?

305.520.527.73000 Road Construction Yes Yes


APPROVING A PHASE III CONSTRUCTION ENGINEERING SERVICES AGREEMENT WITH H. R. GREEN, INC. FOR ANDERSON ROAD

KANE COUNTY SECTION NO. 01-00274-00-BR

WHEREAS, Phase III Construction Engineering services are needed for the Anderson Road extension project (hereinafter referred to as the “Project”); and

WHEREAS, in order to accomplish the Project, it is necessary to retain the services of a professional engineering firm to provide Phase III Construction Engineering services therefor; and WHEREAS, H. R. Green, 651 Prairie Point Drive, Suite 201, Yorkville, IL 60560 has experience and professional expertise in Phase III Construction Engineering and is willing to perform the required services for an amount not to exceed One Million Five Hundred Ninety Two Thousand One Hundred


517

Eighty and 40/100 Dollars ($1,592,180.40) as set forth in the Phase III Construction Engineering Services agreement (a copy of which is on file with the County Clerk’s Office). NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the Chairman thereof is hereby authorized to execute a Phase III Construction Engineering services agreement with H. R. Green. BE IT FURTHER RESOLVED that the Kane County Board appropriate the not to exceed sum of Four Hundred Sixty Five Thousand and 40/100 Dollars ($465,000.40) from Impact Fees Fund #559, Line Item #50140 (Engineering) and One Million One Hundred Twenty Seven Thousand One Hundred Eighty Dollars ($1,127,180.00) from Motor Fuel Tax Fund #302, Line Item #50140 (Engineering) for a total amount not to exceed One Million Five Hundred Ninety Two Thousand One Hundred Eighty and 40/100 Dollars ($1,592,180.40) to pay for said Phase III Construction Engineering services for the Improvement.







item?


funds available?

559.520.559.50140 Engineering Yes Yes 302.520.522.50140 Engineering Yes Yes


APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ILLINOIS FOR PHASE III CONSTRUCTION AND CONSTRUCTION ENGINEERING SERVICES

OF ANDERSON ROAD KANE COUNTY SECTION NO. 01-00274-00-BR

WHEREAS, the Illinois Constitution of 1970, Article VII, Section 10 and the Illinois Compiled

Statutes (5 ILCS 220/1, et seq.) authorizes the County of Kane (County) and the State of Illinois (State) to cooperate in the performance of their respective duties and responsibilities by contract and other agreements; and

WHEREAS, the County and the State (through its Illinois Department of Transportation) desire

to cooperate among themselves to accomplish the construction of the Anderson Road extension (hereinafter referred to as the “Improvement”); and

WHEREAS, the County and the State desire to undertake construction of the Improvement at

an estimated cost of Twenty Million Eight Hundred Sixty Nine Six Hundred Seventy and no/100 Dollars ($20,869,670.00); and

WHEREAS, the Improvement is deemed by the County and the State to be of immediate benefit to the residents of the County of Kane and the State of Illinois in that it shall facilitate the safe and efficient movement of traffic and shall provide for the safety of the public; and WHEREAS, the County and the State have determined a mutually satisfactory allocation of responsibilities and costs for said Improvement as set forth in an intergovernmental agreement (a copy of which is on file with the County Clerk's Office) with the County share of the construction of the Improvement estimated to be $10,085,885.00.


518

NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the Chairman thereof is hereby authorized to execute an intergovernmental agreement with the State of Illinois acting through its Illinois Department of Transportation for construction for the Improvement.


APPROVING AN ILLINOIS COMMERCE COMMISSION PETITION AND STIPULATED AGREEMENT

ANDERSON ROAD BRIDGE OVER THE UNION PACIFIC RAILROAD COMPANY TRACKS WHEREAS, the Illinois Constitution of 1970, Article VII, Section 10 and 5 /LCS 220/1, et seq. authorizes the County of Kane (hereinafter the “County”) and the Illinois Commerce Commission (hereinafter “ICC”) to cooperate in the performance of their respective duties and responsibilities by contract and other agreements; and WHEREAS, the County, the ICC and the Union Pacific Railway Company (hereinafter the “UP”) desire to undertake a project to construct a bridge over the UP’s railroad tracks for the extension of Anderson Road east of the Village of Elburn, Illinois; and WHEREAS, the UP desires that the at grade crossing of Pouley Road, a highway under the jurisdiction of the Blackberry Township Road District, and the UP’s railroad tracks be closed upon the opening to public travel of the Anderson Road extension and bridge over the UP’s railroad tracks and the Blackberry Township Highway Commissioner (hereinafter the “Township”) has agreed to said closure; and

WHEREAS, the County, the ICC, the Railroad and the Township desire to cooperate among themselves to accomplish this important regional highway improvement; and

WHEREAS, the improvement is of immediate benefit to the residents of the Blackberry Township, the County of Kane, and the State of Illinois, in that it shall facilitate the safe and efficient movement of traffic and shall provide for the safety of the motoring public; and WHEREAS, the County, the ICC, the UP, and Blackberry have determined a mutually satisfactory allocation of responsibilities and all costs for said improvement as set forth in the petition and stipulated order (a copy of which is on file in the office of the Kane County Clerk). NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the Chairman thereof or her designee is hereby authorized to execute the Petition and Stipulated Agreement with the Illinois Commerce Commission, the Union Pacific Railway Company and the Blackberry Township Highway Commissioner for said improvement


APPROVING AN AGREEMENT WITH THE UNION PACIFIC RAILROAD COMPANY AND THE BLACKBERRY TOWNSHIP ROAD DISTRICT

ANDERSON ROAD EXTENSION GRADE SEPARATION KANE COUNTY SECTION NO. 01-00274-00-BR

WHEREAS, the County of Kane (County) desires to cooperate with the Union Pacific Railroad

Company (UP) in the construction and maintenance of a grade separation over the UP’s railroad tracks known as the Anderson Road Extension Grade Separation Project, (hereinafter the “Project”); and


519

WHEREAS, in order to accomplish the Project it is necessary that the County enter into an

agreement with the UP and the Blackberry Township Road District (District); and

WHEREAS, the County and the UP have determined a mutually satisfactory allocation of responsibilities and costs for the Project; and

WHEREAS, the UP desires the closure of the at grade crossing of the UP’s railroad tracks and Pouley Road, a highway under the jurisdiction of the Blackberry Township Road District; and

WHEREAS, the proposed improvements are deemed by the County and the Commissioner to be of benefit to the residents of the Blackberry Township, the County of Kane and the State of Illinois in that the Project is public in nature and shall facilitate safe and efficient transportation.


is hereby authorized to execute an agreement(s) with the Union Pacific Railroad Company and the Blackberry Township Highway Commissioner for the construction and maintenance of the Anderson Road Grade Separation.


APPROVING AGREEMENT WITH THE CHICAGO, CENTRAL AND PACIFIC RAILROAD COMPANY

FOR A MULTI-USE PATH CROSSING (IL25) STEARNS ROAD BRIDGE CORRIDOR

KANE COUNTY SECTION NO. 06-00214-07-BR

WHEREAS, the County of Kane desires to cooperate with the Chicago, Central and Pacific Railroad Company (“CC&P”) in the construction and maintenance of an at grade pedestrian crossing known as the Illinois State Route 25 Pedestrian Crossing Project, Hereinafter the “Project”); and

WHEREAS, in order to effectuate said improvement it is necessary that the County enter into an

agreement with the Chicago, Central and Pacific Railroad Company, an Illinois corporation with offices at 17641 Ashland Avenue, Homewood, IL 60430; and

WHEREAS, the County and the Company have determined a mutually satisfactory allocation of responsibilities and costs for the Project; and

WHEREAS, the County is responsible for the reimbursement of the cost of the railroad’s flaggers as well as the maintenance of the crossing to be built as part of the Project; and

WHEREAS, the Project is deemed by the County to be of benefit to the residents of the County of Kane in that the Project’s improvements are public in nature and shall facilitate safe and efficient transportation.


520

NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the Chairman thereof is hereby authorized to execute an agreement with the Chicago, Central and Pacific Railroad Company for the construction and maintenance of the Illinois State Route 25 Multi-use Path Crossing Project (a copy of which is on file with the County Clerk's Office).


APPROVING CONTRACT FOR CONSTRUCTION DUGAN ROAD RESURFACING

BIG ROCK TOWNSHIP SECTION NO. 12-03110-00-RS

WHEREAS, Kane County Division of Transportation has solicited and received bids for the work and/or construction described as:

BIG ROCK TOWNSHIP SECTION NO. 12-03110-00-RS

DUGAN ROAD RESURFACING



BUILDERS ASPHALT/HARDIN PAVING OF HILLSIDE, IL


NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that a contract shall be

awarded to the low bidder as indicated hereinabove and that the County Board Chairman is hereby authorized and directed to execute a contract and contractor’s bond therefor.

BE IT FURTHER RESOLVED that there is hereby appropriated the sum of Two Hundred Two

Thousand Six Hundred Six and No/100 Dollars ($202,606.00) from Motor Fuel Local Option Fund #304, Line Item #52080 (Repairs & Maint Resurfacing) to pay for the construction of the with One Hundred percent (100%) reimbursement thereof to the County from DCEO and Township Road District funds.



budget revision?





available?

304.520.524.52080

Repairs & Maint. – Resurfacing

No

Yes


APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF KANE AND THE BLACKBERRY TOWNSHIP ROAD DISTRICT

SEAVEY ROAD

WHEREAS, the Illinois Constitution of 1970, Article VII, Section 10 and 5 ILCS 220/1 et seq. authorizes the County of Kane (hereinafter “Kane”) and the Blackberry Township Road District (hereinafter


521

“Blackberry”) to cooperate in the performance of their respective duties and responsibilities by contract and other agreements; and WHEREAS, Kane and Blackberry desire to cooperate among themselves to accomplish the improvement of Seavey Road, a highway under the jurisdiction of the Blackberry Township (hereinafter referred to as the “Improvement"); and

WHEREAS, Kane and Blackberry desire to undertake engineering and construction for the Improvement at an estimated cost of Six Hundred Fifty Eight Thousand and No/100 Dollars ($658,000.00); and WHEREAS, the Improvement is deemed by Kane and Blackberry to be of immediate benefit to the residents of the County of Kane and Blackberry Township and the State of Illinois in that it shall facilitate the safe and efficient movement of traffic and shall provide for the safety of the motoring public; and WHEREAS, Kane and Blackberry have determined a mutually satisfactory allocation of responsibilities and costs for said Improvement as set forth in the intergovernmental agreement (a copy of which is on file with the County Clerk's Office), with the Kane share of the engineering and construction of the Improvement estimated to be $507,100.00. NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the Chairman thereof is hereby authorized to execute an intergovernmental agreement with the Blackberry Township Road District for the improvement of Seavey Road.


AUTHORIZING ACQUISITION OF HIGHWAY RIGHT OF WAY KIRK ROAD (COUNTY HIGHWAY NO. 77) AT DOUGLAS ROAD KANE COUNTY SECTION NO. 08-00377-00-CH (2 PARCELS)

WHEREAS, the County of Kane is authorized by law, pursuant to Illinois Compiled Statutes, 605 ILCS 5/5-801(2010) to acquire by negotiated purchase or eminent domain proceedings, real property for highway purposes; and

WHEREAS, the County of Kane has jurisdiction over Kane County Highway No. 77, also referred to as Kirk Road, within the boundaries of the County of Kane; and

WHEREAS, the County of Kane deems it necessary and appropriate to improve Kane County Highway No. 77 (Kirk Road) at Douglas Road; and

WHEREAS, Kirk Road and the planned improvements therefor, has been surveyed, laid out and projected over certain lands situated in Kane County, Illinois. It is deemed by the County of Kane that certain parcels of land and, in particular the parcels described herein in Exhibit “A” (copy of which is on file with the County Clerk of Kane County and which is incorporated herein and made a part hereof), which are located within the limits of Kane County should be acquired by negotiated purchase and, negotiation failing, by eminent domain proceedings for highway purposes.


522

NOW, THEREFORE, BE IT RESOLVED by the Kane County Board:

1. That it is hereby determined by the County Board of Kane County that the real property described herein in Exhibit “A” be used, occupied and improved for highway purposes in a manner necessary and convenient for public use.

2. That it is further hereby determined it is necessary and proper that the County of Kane acquire title to or other appropriate interest in and possession of these parcels because said real property is necessary and required by the County of Kane for highway purposes and, more specifically, the improvement of Kirk Road.

3. That the Chairman of the Kane County Board or her duly authorized representative are hereby authorized, empowered and directed to negotiate for and on behalf of the County of Kane with any and all owners of the property described herein or with any other individual possessing an interest therein for the purchase thereof upon such terms and conditions as shall be approved by the Transportation Committee of the Kane County Board and/or the County Board of Kane County.

4. In the event the County of Kane is unable to agree with the owner or owners, or any other party having an interest in the real property described herein regarding the compensation to be paid for said real property, then to the extent allowed by law, the County of Kane shall institute proceedings to acquire the property by eminent domain pursuant to the applicable provisions of the eminent domain laws of the State of Illinois. Further, in the event the County of Kane is unable to agree with the owner or owners, or any other party having an interest in the real property described herein regarding the compensation to be paid for said real property, then the County of Kane hereby directs the States Attorney of Kane County to institute eminent domain proceedings in a court of competent jurisdiction to acquire title to and possession of said real property in the name of the County of Kane.


523

EXHIBIT “A”

Section No.: 08-00377-00-CH Parcel: 001TE

That part of the Southwest Quarter of Section 13, Township 39 North, Range 8 East of the Third Principal Meridian, Kane County, Illinois described as follows: Commencing at the intersection of the North line of Hubbard Avenue, per plat of dedication recorded as doc# 1966073, and the East Line of Kirk Road; thence North 00 degrees 36 minutes 30 seconds West, along the East line of said Kirk Road, 684.31 feet for the point of beginning; thence North 43 degrees 57 minutes 07 seconds East, 73.68 feet; thence North 89 degrees 47 minutes 19 seconds East, 43.30 feet; thence North 00 degrees 37 minutes 04 seconds West, 45.46 feet; thence South 89 degrees 22 minutes 56 seconds West, 43.30 feet; thence North 45 degrees 11 minutes 14 seconds West, 73.88 feet to East line of said Kirk Road; thence South 00 degrees 36 minutes 30 seconds East, 150.28 feet to the point of beginning. Said parcel containing 0.161 acres more or less. and

Section No.: 08-00377-00-CH Parcel: 0002

That part of lots 1 and 2 in Herbstritt Bros. Industrial Park, being a subdivision of part of Sections 13 and 14, Township 39 North, Range 8 East of the Third Principal Meridian, Kane County, Illinois described as follows: Commencing at the Northeast corner of said lot 1; thence South 08 degrees 25 minutes 30 seconds East, along the East line of said lot 1, 40.38 feet for the point of beginning; thence continuing South 08 degrees 25 minutes 30 seconds East, along said East line, 170.55 feet to a point of curvature; thence Southerly, along said East line, 123.50 feet on a curve to the right with radius of 2814.93 feet, chord bearing South 07 degrees 10 minutes 03 seconds East, and chord length of 123.49 feet to the Southeast corner of said lot 1; thence Southerly along the East line of said lot 2, 227.28 feet on a curve to the right with radius of 2814.93 feet, chord bearing South 03 degrees 35 minutes 51 seconds East, and chord length of 227.22 feet to a point of compound curvature; thence Southwesterly, along said East line, 39.57 feet on a curve to the right with radius of 25.00 feet, chord bearing South 44 degrees 01 minutes 49 seconds West, and chord length of 35.57 feet to point of tangency; thence South 89 degrees 22 minutes 56 seconds West, along the South line of said lot 2, 224.81 feet; thence North 83 degrees 57 minutes 20 seconds East, 200.90 feet; thence North 40 degrees 50 minutes 03 seconds East, 62.02 feet to a line 8.00 feet Westerly of (as measured normal to) parallel with and concentric to the East line of said lot 2; thence Northerly 187.21 feet, on said parallel line, being a curve to the left with radius of 2806.93 feet, chord bearing North 04 degrees 01 minutes 03 seconds West, and chord length of 187.18 feet to the South line of said lot 1; thence Northerly 122.27 feet on a curve to the left, said curve being 8.00 feet Westerly of (as measured normal to) parallel with and concentric to the East line of said lot 1, having a radius of 2806.93 feet, chord bearing North 07 degrees 10 minutes 35 seconds West, and chord length of 122.27 feet to a point of tangency; thence North 08 degrees 25 minutes 30 seconds West, along said parallel line, 170.55 feet; thence North 81 degrees 34 minutes 30 seconds East, 8.00 feet to the point of beginning.


524

Said parcel containing 0.181 acres more or less and

Section No.: 08-00377-00-CH Parcel: 0002TE

That part of lots 1 and 2 in Herbstritt Bros. Industrial Park, being a subdivision of part of Sections 13 and 14, Township 39 North, Range 8 East of the Third Principal Meridian, Kane County, Illinois described as follows: Commencing at the Northeast corner of said lot 1; thence South 08 degrees 25 minutes 30 seconds East, along the East line of said lot 1, 40.38 feet; thence South 81 degrees 34 minutes 30 seconds West, 8.00 feet; thence South 08 degrees 25 minutes 30 seconds east, 22.65 feet for the point of beginning; thence continuing South 08 degrees 25 minutes 30 seconds east, 36.24 feet; thence South 81 degrees 34 minutes 30 seconds West, 5.00 feet; thence North 08 degrees 25 minutes 30 seconds West, 36.24 feet; thence North 81 degrees 34 minutes 30 seconds east, 5.00 feet to the point of beginning. Said parcel containing 0.004 acres (181 sq. ft) more or less.


APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ILLINOIS FOR RIGHT OF WAY ACQUISITION

KIRK ROAD AT DOUGLAS ROAD IMPROVEMENTS KANE COUNTY SECTION NO. 08-00377-00-CH



WHEREAS, the County and the State, through its Illinois Department of Transportation, desire

to cooperate among themselves to accomplish the right-of-way acquisition for intersection improvements on Kane County Highway No.77 (also known as Kirk Road) at Douglas Road (hereinafter referred to as the “Improvement”); and

WHEREAS, the County and the State desire to undertake right-of-way acquisition for the


WHEREAS, the Improvement is deemed by the County and the State to be of immediate benefit to the residents of the County of Kane and the State of Illinois in that it shall facilitate the safe and efficient movement of traffic and shall provide for the safety of the motoring public; and WHEREAS, the County and the State have determined a mutually satisfactory allocation of responsibilities and costs for said Improvement as set forth in the intergovernmental agreement (a copy of which is on file with the County Clerk's Office), with the County share of the right-of-way acquisition estimated to be $73,262.00.


525

NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the Chairman thereof is hereby authorized to execute an intergovernmental agreement(s) with the State of Illinois acting through the Illinois Department of Transportation for right-of-way acquisition for the Improvement.


APPROVING CONTRACT FOR 2012 PAVEMENT PRESERVATION

KANE COUNTY SECTION NO. 12-00000-03-GM


KANE COUNTY SECTION NO. 12-00000-03-GM

2012 PAVEMENT PRESERVATION



A C PAVEMENT STRIPING COMPANY OF ELGIN, IL




BE IT FURTHER RESOLVED that there is hereby appropriated the sum of Eight Hundred Thirty

Four Thousand Two Hundred Four and 32/100 Dollars ($834,204.32) from Local Option Tax Fund #304, Line Item #52280 (Pavement Preservation).






item?


funds available?

304.520.524.52280 Pavement Preservation Yes Yes

### No questions or discussion. Roll call on Consent Agenda ( #12-205, #12-206, #12-208, #12-209, #12-210, #12-211, #12-212, #12-213, #12-214, #12-215, #12-216, #12-219, #12-220, #12-221, #12-222, #12-223, #12-224, #12-225, #12-226, #12-227, #12-228, #12-229, #12-230, #12-231, #12-232, #12-233, #12-235, #12-236, #12-237, #12-238, #12-239, #12-240, #12-241, #12-242) as follows: AYES: Allan, Castro, Davoust, Donahue, Frasz, Haley, Hoscheit, Kenyon, Kunkel, Lewis, Lindgren, Mihalec, Mitchell, Molina, Reyna, Silva, Smith, Taylor, Tredup, Vazquez, Wojnicki NAYES: None ABSTAIN: None AYES: 21 NAYS: 0 ABSTAIN: 0 CONSENT AGENDA IS ADOPTED.


526

RESOLUTION #12-204 Motion by Taylor second by Frasz that Resolution #12-204 be adopted.

AMENDING RESOLUTION No. 11-193, HEATING VENTILATION AND AIR CONDITIONING SERVICES

WHEREAS, after bidding out heating ventilation and air conditioning (HVAC) labor

related services for all Kane County facilities, Resolution No. 11-193 authorized the Chairman to enter into a contract with the lowest responsive bidder, Mechanical, Inc. to complete said HVAC work for an hourly rate of $85.00 per hour; and WHEREAS, the Administration Committee is recommending said contract be extended; and WHEREAS, adequate funds have been budgeted in the Building Management budget to pay for said HVAC repair expenditures. NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the Chairman of the Board is authorized to extend the existing contract with Mechanical, Inc to complete HVAC work for Kane County at an hourly rate of Eighty Five dollars ($85.00), to be paid from the general fund.

Line item

Line Item Description



budget revision?




funds available?

001-080-080-52110 001-080-081-52110 001-080-082-52110 001-080-083-52110 001-080-084-52110 001-080-085-52110 001-080-086-52110 510-800-781-72000

Contractual

Yes 2012 Budget

Yes

### Taylor asked question regarding the contracts on air conditioning vents and carpet cleaning. Frasz replied that the contract has two extensions. Tim Harbaugh, Director of Development will discuss this further with County Board member Melisa Taylor. Roll call as follows: AYES: Allan, Castro, Collins, Davoust, Donahue, Frasz, Haley, Hoscheit, Kenyon, Kunkel, Lewis, Lindgren, Mihalec, Mitchell, Molina, Silva, Smith, Taylor, Tredup, Vazquez, Wojnicki NAYES: None ABSTAIN: None AYES: 21 NAYS: 0 ABSTAIN: 0 RESOLUTION #12-204 IS ADOPTED. RESOLUTION #12-207 TABLED Motion by Donahue second by Vazquez that Resolution #12-207 be adopted.

APPROVING A CONTRACT FOR A FISCAL IMPACT STUDY FOR THE FABYAN/SETTLER’S HILL MASTER PLAN

WHEREAS, the County of Kane, along with the Kane County Forest Preserve District,

have a significant real estate holding generally bounded by Fabyan Parkway to the south, Kirk


527

Road to th e east, the Union Pacific Railroad to the north, and Route 25 to the west (“the Fabyan/Settler’s Hill Complex”); and WHEREAS, two significant changes to the Fabyan/Settler’s Hill Complex have occurred, (i) the closing of Settler’s Hill landfill and (ii) the relocation of the jail and Sheriff’s Department to the new Adult Justice Center and Sheriff’s Department facilities. These significant changes have created the need for the preparation of a long-range Master Plan for the redevelopment of this complex; and WHEREAS, the Fabyan Parkway Utilization Subcommittee (“the Subcommittee”) has been established by the Kane County Board to develop a long-range Master Plan for the Fabyan/Settler’s Hill Complex with the scope of work divided in to two phases. Phase one of said work has been the development of a Master Land Use Plan for the property. This work, approved by the County Board and directed by The Lannert Group, is substantially completed; and

WHEREAS, Phase two of the work consists of the hiring of a consultant to perform a fiscal impact study to analyze the fiscal feasibility of the various land use elements proposed in the Master Land Use Plan (cost to construct, potential revenue to be generated, and owning and operating costs); and

WHEREAS, an RFP to solicit proposals to identify the appropriate consultant to

complete the fiscal impact study was drafted and released by the Purchasing Department. Four proposals were received and the Subcommittee unanimously recommends that the work to complete the fiscal impact study be awarded to Market and Feasibility Advisors, LLC of Chicago, Illinois at a total fee of $39,000; and

WHEREAS, adequate funds have been budgeted and are available for this second

phase of this Master Plan expense. NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the Chairman is hereby authorized to enter into an agreement with Market and Feasibility Advisors, LLC of Chicago, Illinois to complete the fiscal impact study for the Fabyan Parkway Complex for a dollar amount not to exceed Thirty-Nine Thousand Dollars ($39,000). Said expenses shall be charged to budget line 650.670.670.50150, Contracts/Consulting Services.



budget revision?





available?

650.670.670.50150 Contract/Consulting

Services

Yes

Yes

N/A

### Mitchell removed from consent agenda. Discussion is to follow in the meeting following County Board meeting. Smith motion to TABLE until a plan has been passed, second by Mitchell. Roll Call as follows: AYES: Allan, Castro, Collins, Frasz, Kunkel, Mihalec, Mitchell,


528

Silva, Smith, Taylor, Tredup, Wojnicki NAYES: Davoust, Donahue, Haley, Hoscheit, Kenyon, Lewis , Lindgren, Molina ,Vazquez AYES: 12 NAYES: 9 RESOLUTION #12-207 IS TABLED. RESOLUTION #12-217 Motion by Mitchell second by Wojnicki that Resolution #12-217 be adopted.

AUTHORIZING AND APPROVING CERTAIN AMENDMENTS AND ACTIONS RELATING TO THE ADJUSTABLE DEMAND REVENUE BONDS, GLENWOOD

SCHOOL FOR BOYS, SERIES 1993, OF THE COUNTY

WHEREAS, the County of Kane, Illinois (the “County”) is a body politic and corporate and a unit of local government and political subdivision duly organized and validly existing under the Constitution and laws of the State of Illinois; and

WHEREAS, pursuant to the provisions of the “Industrial Building Revenue Bond Act,” 50 ILCSA 445/1 et seq., as amended (the “Act”), the authorization set forth in Resolution No. 93-108, passed by the County Board of the County on April 13, 1993 (the “Bond Resolution”), and the terms of the Trust Indenture dated as of May 1, 1993 between the County and LaSalle National Bank, as trustee (the “Indenture”), the County issued its Adjustable Demand Revenue Bonds, Glenwood School for Boys, Series 1993 (the “County Bonds”) on May 19, 1993 in the aggregate principal amount of $14,000,000; and

WHEREAS, pursuant to the terms of a Loan and Security Agreement dated as of May 1, 1993 (the “Loan and Security Agreement”) between the County and the Glenwood School for Boys, an Illinois not-for-profit corporation now known as Glenwood School (the “Corporation”), the proceeds of the Bonds were lent to the Corporation in order to enable the Corporation to finance the acquisition of property and various capital improvements at its “West Campus” site within the unincorporated territory of the County (such property and improvements being referred to in this Resolution as the “Project”); and

WHEREAS, the Corporation also financed improvements to its West Campus with the proceeds of bonds issued by a predecessor to the Illinois Finance Authority (the “Authority”): and

WHEREAS, in order to place its operations on a sounder financial basis, the Corporation intends to consolidate all its operations on its “South Campus” in Glenwood, Illinois and to sell the Project, with the proceeds of such sale expected to be sufficient to pay off a portion, but not all, of the outstanding County Bonds and the bonds issued by the Authority (collectively, the “Bonds”); and

WHEREAS, the Loan and Security Agreement contains certain restrictions as to the ability of the Corporation to dispose of its assets and following the sale of the Project, the Corporation will no longer be able to comply with certain covenants and other provisions in the Loan and Security Agreement which obligate it to own and operate the Project facilities or which would otherwise be violated by the proposed sale of the Project; and

WHEREAS, the Corporation has also advised the County that it is simultaneously replacing the letter of credit issued by BMO Harris Bank, N.A. (the “Harris Bank”) with a similar letter of credit (herein, the “Letter of Credit Substitution”) to be issued by Fifth Third Bank, N.A. (“Fifth Third”) to replace the


529

current Remarketing Agent for the Bonds with an affiliate of Fifth Third Bank, N.A. (the “New Remarketing Agent”); and

WHEREAS, pursuant to provisions of the Indenture it will be necessary for S&P to review and comment on certain provisions of the Indenture and Loan and Security Agreement and that the transactions described herein together with the review and comment by S& P may result in certain proposed revisions to the Indenture and the Indenture may also be amended in order to allow for the issuer of a letter of credit to grant certain consents on behalf of holders of the Bonds (the “Indenture Amendments”); and

WHEREAS, the County is willing to agree to changes to the amendments to the Loan and Security Agreement and the Indenture necessitated by the transactions and other various matters described above; and

WHEREAS, the Corporation has provided the County with a draft of the proposed amendment to the Loan and Security Agreement (the “Loan and Security Agreement Amendment” and, together with the Indenture Amendment, the “Amendments”);

NOW, THEREFORE, BE IT RESOLVED by the County Board of the County of Kane, Illinois, as follows:

Section 1. Amendments. The County hereby agrees to waive any restrictions in the Loan and Security Agreement which would prevent the sale of the Project so long as any allocable net proceeds from such sale be applied to the Bonds.

Section 3. Replacement of Remarketing Agent. The County hereby consents to the replacement of the current Remarketing Agent with the New Remarketing Agent, on such terms as the Corporation and Fifth Third Bank may agree upon between themselves, consistent with the terms of the Indenture and of the Loan and Security Agreement.

Section 4. Amendment of Loan and Security Agreement. The County is hereby authorized to enter into, and the Chairman of the County Board (together with any permitted delegate of such Chairman of the County Board, the “Chairman”) is hereby authorized, empowered and directed to execute and deliver an Amendment to Loan and Security Agreement and Indenture Amendments, each under the seal of the County, attested by the County Clerk of the County (the “Clerk”). The Amendment to Loan and Security Agreement shall be substantially in the form of the document attached hereto and marked Exhibit A and the Indenture Amendments shall be in a form consistent with the description herein contained, with such changes therein, if any, as may be approved by the Chairman with the advice of counsel to the County; and the Chairman’s execution thereof shall constitute conclusive evidence of the approval of any such changes by the Chairman and by the County Board of the County.

Section 5. Other Documents Authorized. The Chairman and any other appropriate officer of the County are each hereby authorized to execute and deliver on behalf of the County such other documents as any such individual may regard as necessary or appropriate to amend the Loan and Security Agreement and/or the Indenture for the purposes approved by this Resolution and to consent to the appointment of the New Remarketing Agent, in such form as the individual executing such agreement or document on behalf of the County shall approve, his or her execution thereof to constitute conclusive evidence of such approval of the same.


530

Section 6. Waiver of Time Periods. The County hereby authorizes the Chairman to waive, on behalf of the County, any time period for the giving or receipt of notices or for the performance of any other actions that may otherwise be set forth in the Indenture, in the Loan and Security Agreement, in the Remarketing Agreement with BMO Harris N.A., or in any other document relating to the Bonds in order to permit the transactions contemplated by this Resolution to be accomplished as expeditiously as possible.

Section 7. Authorization of Related Matters. All acts of the officers, employees and agents of the County which are in conformity with the intent and purposes of this Resolution, whether heretofore or hereafter taken or done are, in all respects, ratified, confirmed and approved.

Section 8. Repeal of Conflicting Resolutions. Etc. The Bond Resolution is hereby amended by this Resolution, and all other resolutions and orders, or parts thereof, in conflict herewith are hereby superseded and repealed to the extent of such conflict.

Section 9. Effective Date. This Resolution shall be in full force and effect only upon execution of an opinion letter substantially in the form outlined as Exhibit A attached.


531

Exhibit A

AMENDMENT TO LOAN AND SECURITY AGREEMENT

This AMENDMENT TO LOAN AND SECURITY AGREEMENT dated as of _____1, 2012 (the “Amendment”), by and between THE COUNTY OF KANE, ILLINOIS, a body politic and corporate and a unit of local government and political subdivision of the State of Illinois (the “County”), and GLENWOOD SCHOOL, an Illinois not-for-profit corporation formerly known as Glenwood School for Boys (the “Corporation”),

W I T N E S S E T H:

WHEREAS, the County and the Corporation have heretofore entered into a Loan and Security Agreement dated as of May 1, 1993 (the “Loan and Security Agreement”) in connection with the issuance by the County on May 19, 1993 of its $14,000,000 in aggregate principal amount of Adjustable Demand Revenue Bonds, Glenwood School for Boys, Series 1993 (the “Bonds”); and

WHEREAS, pursuant to the terms of the Loan and Security Agreement, the County lent the proceeds of the Bonds to the Corporation in order to enable the Corporation to finance the acquisition of property and various capital improvements at the Corporation’s “West Campus” site within the unincorporated territory of the County (such property and improvements being referred to in this Resolution as the “Project”), with the Project serving as collateral for the obligations of the Corporation under the Loan and Security Agreement; and

WHEREAS, the Corporation has determined that current financial conditions and other considerations require the Corporation to discontinue its operations at the “West Campus” site of the Project, to consolidate its operations at its “South Campus” site in Glenwood, Illinois, and to sell the assets constituting the Project; and

WHEREAS, the closure and sale of the Project might otherwise cause the Corporation to violate one or more of its covenants under and other provisions of the Loan and Security Agreement, absent the amendment of such provisions, which amendment the County is willing to approve;

NOW, THEREFORE, the County and the Corporation hereby agree as follows:

Section 1. Approval of Sale and Related Transactions. The County hereby waives any restriction under the Loan and Security Agreement that would prevent the sale of the Project by the Corporation. The County also acknowledges and agrees that the Corporation is relieved from any covenant or other obligation under or in connection with the Loan and Security Agreement which relates to or associated with the continued ownership and operation of the Project, so that following the sale of the Project, the Corporation shall no longer be required to own or operate the Project in furtherance of its exempt charitable purposes of operating a school on the site of the Project, all as further provided in Section 2 below.

Section 2. Conforming Amendments to Loan and Security Agreement. Any provision of the Loan and Security Agreement that would otherwise prohibit the sale of the Project and related transactions described in Section 1 of this Amendment, or under which such sale or any related transaction would result in a violation of or (with the passage of time, the giving of notice, or both) would result in an Event of Default under the Loan and Security Agreement is hereby amended to the extent necessary to provide that the contemplated sale of the Project and related transactions shall not result in such a violation or Event of Default. Without limiting the generality of the preceding sentence, the parties specifically agree that it is their


532

intention that the proposed sale and related transactions shall not constitute in any manner a violation of the Corporation’s covenants under Section 2.7 (relating to dispositions of property), Section 2.14 (relating to the use of the Project), Section 2.15 (relating to the Corporation’s obligation to maintain its properties), or Section 2.16 (relating to insurance) of the Loan and Security Agreement; and that any reference in the Loan and Security Agreement to the “Collateral” securing the Corporation’s obligations thereunder shall not include the Project.

Section 3. Other Provisions to Remain in Effect. Except as amended by the terms of this Amendment, the Loan and Security Agreement shall remain in full force and effect as originally written.

IN WITNESS WHEREOF, the County and the Corporation have caused this Amendment to Loan and Security Agreement to be executed in their respective corporate names and their respective corporate seals to be hereunto affixed and attested by their duly authorized officers, all as of the date first above written.

GLENWOOD SCHOOL

By ________________________________ President and Chief Executive Officer (SEAL)

Attest: ______________________________ Corporate Secretary

THE COUNTY OF KANE, ILLINOIS

By __________________________________ Chairman of the County Board (SEAL)

Attest: _______________________________ County Clerk


533

STATE OF ILLINOIS ) ) SS: COUNTY OF COOK ) The foregoing instrument was acknowledged before me this ____ day of ______, 2012 by _____________ and ___________, personally known to me to be the same persons whose names are, respectively, the President and Chief Executive Officer and the Corporate Secretary of GLENWOOD SCHOOL.

______________________________ Notary Public (SEAL) My Commission Expires:


534

STATE OF ILLINOIS ) ) SS: COUNTY OF KANE ) The foregoing instrument was acknowledged before me this ____ day of ______, 2012 by _____________ and ___________, personally known to me to be the same persons whose names are, respectively, the Chairman of the County Board and the County Clerk of THE COUNTY OF KANE, ILLINOIS.

______________________________ Notary Public (SEAL) My Commission Expires:

### Discussion. Roll call as follows: AYES: Allan, Castro, Collins, Davoust, Donahue, Frasz, Haley, Hoscheit, Kenyon, Kunkel, Lindgren, Mihalec, Mitchell, Silva, Smith, Taylor, Tredup, Vazquez, Wojnicki NAYES: Lewis, Molina ABSTAIN: None AYES:19 NAYES: 2 ABSTAIN: 0 RESOLUTION #12-217 IS ADOPTED. RESOLUTION #12-218 Motion by Mitchell second by Mihalec that Resolution #12-218 be adopted.

R E P L A C E

AUTHORIZING EXCEPTION TO THE COUNTY FINANCIAL POLICIES REGARDING PERSONNEL HIRING AND REPLACEMENT

(Kane County Department of Employment and Education)

WHEREAS, the Kane County Department of Employment and Education administers Federal Workforce Investment Act (WIA) funding on behalf of the River Valley Workforce Investment Board (RVWIB); and

WHEREAS, said funding provides training and job readiness services to residents of a

three-county area, including Kane, DeKalb, and Kendall Counties; and WHEREAS, the RVWIB recently completed a management study that includes

recommendations regarding organizational structure and staffing levels for the WIA program; and

WHEREAS, said recommendations include hiring a Workforce Services Administrator,

or similar title, reporting to the Director of the Office of Community Reinvestment; and


535

WHEREAS, said recommendations also include shifting fiscal functions of the WIA program to the County’s Finance Department under the Executive Director of Finance, and hiring a Fiscal Manager, Reimbursement Processing Specialist and ITA Processing Specialist, or similar titles; and

WHEREAS, said positions will be funded 100% with Federal WIA funding provided by

the Illinois Department of Commerce and Economic Opportunity (DCEO), which is in concurrence with said recommendations; and

WHEREAS, KCDEE staffing levels have been reduced by 10, or approximately one-

third, in the last year; and WHEREAS, the position of Executive Director of Finance will be vacant soon and is

expected to remain vacant for several months. NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the Kane County Department of Employment and Education is allowed to hire a Workforce Services Administrator, shift fiscal functions of the WIA program to the County’s Finance Department, and hire a Fiscal Manager. NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the Kane County Office of Community Reinvestment is allowed to hire a Workforce Services Administrator, Fiscal Manager, Reimbursement Processing Specialist and ITA Processing Specialist, and to shift fiscal functions of the WIA program to the County’s Finance Department once a new Executive Director of Finance is in place.



budget revision?





available? Fund 480, KCDEE Salary and Wages N/A N/A N/A

###

Mitchell motioned to amend Resolution #12-218 to the beige sheet, second by Mihalec. Motion passes unanimously by voice vote. Frasz motion to pass the AMENDED Resolution, second by Mitchell . Discussion. Taylor asked for a copy of the management study. This is a federal grant. Taylor asked why four staff members are needed now. Scott Berger, Director of Community Reinvestment said that the grant is to properly staff this department due to loss of staff to do the best job they can with federal dollars. Scott Berger said you only receive monies on annual basis. Discussion continued. Van Cleave said that he request that this group report to a committee of the county board. The group will be reporting to Human Services, Lewis is chairman of and Lewis is on the Workforce Investment Board, Lewis said that this was discussed at the Executive Committee. Roll call as follows: AYES: Allan, Castro, Collins, Davoust, Donahue, Frasz, Haley, Hoscheit, Kenyon, Kunkel, Lewis, Lindgren, Mihalec, Mitchell, Molina, Silva, Smith, Taylor, Tredup, Vazquez, Wojnicki NAYES: None ABSTAIN: None AYES: 21 NAYS: 0 ABSTAIN: 0 RESOLUTION #12-218 IS ADOPTED.


536

RESOLUTION #12-223 Motion by Kenyon second by Vazquez that Resolution #12-223 be adopted.

ACCEPTING LOCAL TECHNICAL ASSISTANCE SERVICES FROM THE CHICAGO METROPOLITAN AGENCY FOR PLANNING (CMAP)

WHEREAS, the Chicago Metropolitan Agency for Planning (“CMAP”) has adopted GO TO 2040,

the long-range regional comprehensive plan for the seven-county Chicago region and is providing staff assistance through their Local Technical Assistance program as a means of advancing the plan’s implementation; and

WHEREAS, the County of Kane (County) has applied for technical assistance from CMAP to

create an implementation strategy for improving public transit options, and creating a land use pattern throughout the County that supports and encourages increased public transit usage; and

WHEREAS, the County’s request for assistance in creating said implementation strategy has

been recommended by CMAP as a priority project; and WHEREAS, the County and CMAP have developed general points of agreement for a

Memorandum of Understanding and a Scope of Services that will guide the staff assistance services agreed to be provided by CMAP at no cost to the County.

NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the County of Kane

supports the CMAP priority project to provide staff assistance to create an implementation strategy to build on the County’s goals of improving public transportation options and creating land use patterns throughout Kane County to support and encourage increased public transit usage.

BE IT ALSO RESOLVED that the County of Kane accept the offer of staff assistance services

from CMAP at no cost to the County and acknowledge that the services to be provided by CMAP are for the purpose of advancing the implementation of GO TO 2040.

BE IT FURTHER RESOLVED that the County Board of Kane County authorizes the County

Engineer to finalize and execute a Memorandum of Understanding that will govern the administration of said CMAP staff assistance services.

###

Roll Call as follows AYES: Allan, Castro, Collins, Davoust, Donahue, Frasz, Haley, Hoscheit, Kenyon, Kunkel, Lewis, Lindgren, Mihalec, Mitchell, Molina, Reyna, Silva, Smith, Taylor, Vazquez, Wojnicki NAYES: None ABSTAIN: None AYES: 21 NAYS: 0 ABSTAIN: 0 RESOLUTION #12-223 IS ADOPTED. RESOLUTION #12-234 Motion by Wojnicki second by Kenyon that Resolution #12-234 be adopted.

APPROVING AN AGREEMENT BETWEEN THE COUNTY OF KANE AND AT&T

UTILITY RELOCATION

WHEREAS, the County of Kane (County) desires to relocate certain utility lines owned by American Telephone and Telegraph Company (AT&T); (hereinafter the “Project”) said relocation for the purpose of the construction of the Anderson Road Extension; and


537

WHEREAS, the Project is deemed by the County to be of immediate benefit to the residents of the County of Kane in that it shall facilitate the construction of the Anderson Road Extension which shall provide for the safe and efficient movement of traffic and shall also provide for the safety of the motoring public; and WHEREAS, the County and AT&T have determined a mutually satisfactory allocation of responsibilities and costs for said Project including engineering, construction and maintenance as set forth in the agreement (a copy of which is on file with the County Clerk's Office), with the County share of utility relocation costs to not exceed the sum of $290,000.000. NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the Chairman thereof is hereby authorized to execute an agreement with AT&T for relocation of utility lines for the Anderson Road Extension Project. BE IT FURTHER RESOLVED that the Kane County Board appropriate the sum of Two Hundred Ninety Thousand and No/100 Dollars ($290,000.00) from Local Option Fund #304, Line Item #73000 (Construction) to pay for the County’s share of the utility relocation.



budget revision?



If funds are not currently available in the specified line

item, where are the funds available?

304.520.559.73000 Construction Yes Yes

### Discussion. Roll Call as follows: AYES: Allan, Castro, Collins, Davoust, Donahue, Frasz, Haley, Hoscheit, Kenyon, Kunkel, Lewis, Lindgren, Mihalec, Mitchell, Molina, Silva, Smith, Taylor, Tredup, Vazquez, Wojnicki NAYES: None ABSTAIN: Mihalec AYES: 21 NAYS: 0 ABSTAIN: 1 RESOLUTION #12-234 IS ADOPTED. COUNTY BOARD TERMS OF OFFICE BY DISTRICTS Assistant State’s Attorney Joe Cullen said that the reapportionment of Kane County Districts would be 24 districts. The County Board has to draw lots dividing the county into two equal groups. Castro questioned regarding the redistricting meeting where the task force stated that this matter would not be voted on until after the November election. Cullen said by State Statute this has to be done before September 1 and before the new board members are seated. Castro motioned to TABLE the division of county board members terms, second by Taylor. Castro removed motion to TABLE. Donahue said that people running for offices should know if they are running for a two or four year term. Discussion. Cullen asked for someone to make motion as to how the districts should be divided and he has a box to draw the lots. Mitchell motioned that the district should be divided by odd and even districts, second by Donahue. Motion passes unanimously by voice vote. Cullen said the next step is to designate someone to draw lots. Vice Chairman Van Cleave called on Mihalec and Mitchell since they were not running for county board. Mitchell is odd and Mihalec is even. State’s Attorney conducted the lottery. Mihalec asked for a member of the press to observe. Jeff Ward of the Beacon News was chosen to observe.


538

Mihalec said the even districts are 4-4-2 terms, Mitchell said the odd districts are 2-4-4 terms. EXECUTIVE SESSION Motion by Allan; second by Donahue, that the Board enters Executive Session for the purpose of discussing pending litigation. Donahue excused himself from Executive Session to attend another meeting. Roll call as follows: Allan, Castro, Collins, Davoust, Donahue, Frasz, Haley, Hoscheit, Kenyon, Kunkel, Lewis, Lindgren, Mihalec, Mitchell, Molina, Silva, Smith, Tredup, Taylor, Vazquez, Wojnicki NAYES: none. AYES: 21 NAYES: None. Vice Chairman Van Cleave closed the meeting to the public at 11:12 a.m. The Board resumed regular session at 12:05 p.m. John Hoscheit motioned to have a special meeting on the same day of Committee of the Whole, second by Castro. It may make Committee of the Whole not needed. Item on the Agenda to discuss and take action on the ratification ordinance passed out of executive committee. Vice Chair Van Cleave said then “we” have a motion to have a Special County Board Meeting on July 31, 2012 at 4:00 p.m. before Committee of the Whole meeting. Motion passes unanimously by voice vote. SPECIAL BOARD MEETING JULY 31, 2012 at 4:00 p.m. to put on the agenda RATIFICATION ORDINANCE. ADJOURNMENT There being no further business, motion by Kenyon, second by Smith, that the meeting stand adjourned until Tuesday, July 31, 2012 at 4:00 p.m. Motion carried unanimously by voice vote. Vice Chairman Van Cleave adjourned the meeting at 12:08 p.m.