Proceedings of the KANE COUNTY BOARD KANE COUNTY, ILLINOIS

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1 Proceedings of the KANE COUNTY BOARD KANE COUNTY, ILLINOIS January 10, 2012

2 TABLE OF CONTENTS COUNTY BOARD MEETING January 10, 2012 MINUTE APPROVAL Special Board Meeting December 7, Regular Board Meeting December 13, PRESENTATIONS Helping Hands Food Drive ZONING PETITIONS #4270 Blackberry Township, Petitioner Rakip Azemi, et ux #4271 Plato Township, Petitioner St. Paul s United Church of Christ #4272 Hampshire Township, First American Bank Trust # RESOLUTIONS AND ORDINANCES #12-01 New World Systems Agreement (ITD) #12-02 ESRI Annual Software Maintenance #12-03 Acceptance of Local Technical Assistance Services Delivered by the Chicago Metropolitan Agency for Planning #12-04 Approving Amendment to an Agreement-Landscape Maintenance for the Mill Creek Special Service Area #12-05 Accepting Obligation Due IMRF (Cinda A. Burgert) #12-06 Purchase of UPM Pothole Patch Mix, KDOT (Bid No ) #12-07 Approving Contracts for Traffic Sign Material for the Kane County Division of Transportation, Kane County Section No GM #12-08 Approving Supplemental Appropriation, Preform Traffic Control Systems, Ltd. Kane County Section No GM #12-09 Approving a Phase II Engineering Services Agreement with Engineering Enterprises, Inc. for the Fabyan Parkway-Illinois Route 25 to Nagel Boulevard, Kane County Section No CH #12-10 Approving an Intergovernmental Agreement with the State of Illinois for Phase II Engineering Services for the Fabyan Parkway-IL Rt 25 to Nagel Boulevard, Kane County Section No CH #12-11 Approving a Phase II Engineering Services with Willis Burke Kelsey Associates, Ltd. for the Jericho Road over Blackberry Creek Structure Replacement, Kane County Section No BR #12-12 Approving an Intergovernmental Agreement with the State of Illinois for Phase II Engineering Services for the Jericho Road over Blackberry Creek Structure Replacement, Kane County Section No BR #12-13 Approving an Intergovernmental Agreement with the State of Illinois for Right-of-Way Acquisition for the Jericho Road over Blackberry Creek Structure Replacement, Kane County Section No BR

3 #12-14 Approving Contract for Construction, Stearns Road Bridge Corridor-Stage 2A, McLean Fen, Kane County Section No LS #12-15 Approving an Intergovernmental Agreement with the State of Illinois for Construction Of Plank Road over Mill Creek, Kane County Section No LS #12-16 Ratification of Emergency Purchase, Approving Contract for Construction, Randall Road over Mill Creek, Kane County Section No BR #12-17 Acquisition of Highway Right of Way, Extension of Anderson Road, Kane County Section No BR, Parcel No #12-18 Amending Resolution No , Acquisition of Highway Right of Way, Longmeadow Parkway Bridge Corridor, Kane County Section No BR, Parcel No. 1LN #12-19 Amending Appendix C of the Kane County Liquor Code-Liquor Licenses #12-20 Claim No. 10 WC (Bredlau v. Kane County Sheriff) #12-21 Settlement Agreement between the County of Kane and the American Federation of State, County and Municipal Employees, Council 31, Local 3966 for the Kane County Health Department APPOINTMENTS Mill Creek Citizens Advisory Body EXECUTIVE SESSION SPEAKERS (Non Agenda Item) Alex Scott ADJOURNMENT To February 14,

4 The Adjourned Meeting of the Kane County Board was held at the Kane County Government Center, Geneva, IL 9:50 a.m. on Tuesday January 10, 2012 Chairman, Karen McConnaughay, County Clerk, John Cunningham. Roll call as follows: PRESENT: Allan, Auger, Castro, Davoust, Donahue, Ford, Frasz, Haley, Hoscheit, Hurlbut, Lewis, Lindgren, Mihalec, Molina, Reyna, Smith, Taylor, Tredup, Van Cleave, Wojnicki: ABSENT: Collins, Kenyon, Kunkel, Mitchell, Silva, Vazquez PRESENT: 20 ABSENT: 6 APPROVAL OF MINUTES Motion by Ford; seconded by Auger that the minutes of the Special Meeting of December 7, 2011 and December 13, 2011 meetings be approved. Motion carried unanimously by voice vote to approve the minutes of the Special Meeting of December 7, 2011 and December 13, PRESENTATIONS Helping Hands Food Drive Awards presented by Maureen Anderson Executive Director of Human Resources of two plaques and the traveling trophy. $12, was the second highest in the five years they have been doing this. The first plaque was accepted by Jen Marsh of Kane Comm, the department donated 84 bags of groceries. KDOT won the plague for the most amount in funds donated ($5, ) Carl Schoedel, Director/County Engineer accepted the plague and also the traveling trophy for the most overall largest contribution. Carl Schoedel commented on how the need is growing and praised his staff on what they had accomplished. Maureen Anderson also mentioned that Mr. Schoedel said he would match dollar per dollar donated by his staff. He named the campaign Stick it to the Man and the staff at KDOT cooperated. They presented Mr. Schoedel with a Superman T-shirt and cape. Maureen Anderson also thanked Jen Grobe from OCR for helping to pull everything together for the program. PETITIONS PETITION #4270 Blackberry Township, Petitioner Rakip Azemi, et ux Motion by Hurlbut, second by Frasz that Petition #4252 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 property is hereby rezoned and reclassified from F-District Farming to F-1 District Rural Residential: 654

5 That part of the Northeast Quarter of Section 14, Township 39 North, Range 7 East of the 3rd Principal Meridian described as follows: Commencing at the Northwest corner of said Northeast Quarter; thence Easterly along the North line of said Northeast Quarter feet to the Southeast corner of the West half of the Southeast Quarter of Section 11, Township and Range aforesaid; thence Easterly along said North line feet (3.66 chains); thence Southerly parallel with the West line of said Northeast Quarter feet for a point of beginning; thence Southerly parallel with said West line feet; thence Westerly at Right angles to the last described course feet; thence Southerly along a line which forms an angle of with the last described course, measured clockwise therefrom, feet to the center line of Hughes Road; thence Westerly along said center line, which forms an angle of with the last described course, measured counterclockwise therefrom feet; thence Northerly, parallel with the penultimate course, forming an angle of with the last described course, measured counterclockwise ; thence Westerly perpendicular to the West line of said Northeast Quarter feet; thence Northerly parallel with said West line feet; thence Easterly, perpendicular to said West line feet to the point of beginning in Blackberry Township, Kane County, Illinois. 2) That the zoning maps of Kane County, Illinois, be amended accordingly. 3) This ordinance shall be in full force and effect from and after its passage and approved as provided by Law. Petitioner Rakip Azemi was present to answer questions. No discussion. Motion carried unanimously by voice vote. PETITION #4270 IS GRANTED. PETITION #4271 Plato Township, Petitioner St. Paul s United Church of Christ Motion by Hurlbut second by Smith that Petition #4271 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 property is hereby rezoned and reclassified from F-District Farming & F-1 District Rural Residential to F-District Farming: That part of the East half of the Southwest Quarter of Section 11, Township 41 North, Range 7 East of the 3rd Principal Meridian, described as follows: Commencing at the Northwest corner of said East half; thence Southerly along the West line of said East half, a distance of feet for the point of beginning; thence Southerly along said West line to the centerline of Plank Road; thence Easterly along said centerline of Plank Road to the intersection of the centerline of Plank Road with the centerline of Switzer Road; thence Northerly along the centerline of Switzer Road, feet; thence Westerly along the South line of property described in a deed recorded as Document , being a line forming an angle of 90 with the last described course, a distance of feet to the point of beginning, in Plato Township, Kane County, Illinois. 2) That the rezoning be granted with the following stipulations: 655

6 1. The proposed site plan depicts an access to Plank Road, which requires a permit from the Kane County Division of Transportation. This permit will contain language to (a) promote future access with the adjacent City of Elgin parcel upon its development and (b) require possible future Plank Road right turn lane at the site access, paid for by the applicant, depending on the scope of future building additions. 2. The applicant should dedicate the minimum right-of-way standard adopted by the County Board for Plank Road (60 feet from the centerline) along the entire frontage of the existing parcel, along with a 30 foot by 30 foot triangular right-of-way corner clip at the northwest corner of Plank Road & Switzer Road. These areas are to be dedicated at no expense to the County. 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. Petitioner present to answer questions. No discussion. Chairman called for a voice vote. Motion carried unanimously by voice vote. PETITION #4271 IS GRANTED. PETITION #4272 Hampshire Township, Petitioner First American Bank Trust # Motion by Hurlbut second by Smith that Petition #4272 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 an Interim Special Use for five (5) years and five (5) months is hereby granted and allowed under the provisions of Article VIII, Section (cc), of the Zoning Ordinance of Kane County, Illinois, permitting an agricultural trucking business within the following described property: That part of the Southeast Quarter of Section 29, Township 42 North, Range 6 East of the 3 rd Principal Meridian, described as follows: beginning at a point on the North line of said Southeast Quarter feet West of the Northeast corner of said Southeast Quarter; thence South 89 degrees 25 minutes 18 second West along said North line 432 feet; thence South 0 degrees 45 minutes 07 seconds East and parallel with the East line of said Quarter, 548 feet; thence North 89 degrees 25 minutes 18 seconds East and parallel with the North line of said Quarter, 432 feet; thence North 0 degrees 45 minutes 09 seconds West and parallel with the East line of said Quarter 548 feet to the point of beginning, in Hampshire Township, Kane County, Illinois. 2) The Interim Special Use be granted subject to the following stipulations: 1. Synagro may store ten (10) pieces of ancillary equipment on the property in addition to the five (5) trucks and fifteen (15) trailers. 2. No outside storage may be associated with Building B. 656

7 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. Jerry Boose, present to answer questions on behalf of petitioner. No discussion. Chairman called for a voice vote. Motion carried unanimously by voice vote. PETITION #4272 IS GRANTED. CONSENT AGENDA Chairman McConnaughay requested items to be considered separately. Items removed from Consent Agenda as follows: No items were removed. Motion by Ford seconded by Castro that the Consent Agenda (#12-01, #12-02, #12-03, #12-04, #12-05, #12-06, #12-07, #12-08, #12-09, #12-10, #12-11, #12-13, #12-14, #12-15, #12-16, #12-17, #12-18) be adopted. RESOLUTION #12-01 NEW WORLD SYSTEMS AGREEMENT (Information Technologies Department) WHEREAS, the Kane County Information Technologies Department (ITD) supports the Kane County Sheriff s Office and public safety systems; and WHEREAS, the Kane County Information Technologies Department has an existing credit for professional services and licensing with New World Systems for public safety software; and WHEREAS, the Information Technology Department recommends an Additional Software License Agreement to implement Web Consolidated Search software and services with New World Systems. NOW, THEREFORE, RESOLVED by the Kane County Board that the County Board Chairman is authorized to enter into an agreement with New World Systems for an Additional Software License Agreement to implement Web Consolidated Search at a cost not to exceed Sixty-Six ThousandTthree Hundred Thirty Dollars ($66,330) paid from existing credit with New World Systems.. Line item Line Item Description Was approved in original budget or a subsequent budget revision? Are funds currently available for this in the specified line item? Software Licensing Cost No Yes If funds are not currently available in the specified line item, where are the funds available? RESOLUTION #12-02 ESRI ANNUAL SOFTWARE MAINTENANCE WHEREAS, the Kane County GIS-Technologies Department uses ESRI (Environmental System Research Institute, Inc) products for making updates to the Geographical Information System (GIS); and 657

8 WHEREAS, ESRI requires annual maintenance on their software in order to receive ongoing customer support along with software upgrades; and WHEREAS, the GIS-Technologies Department pays the annual software maintenance for following departments GIS-Technologies, Supervisor of Assessments, Sheriff Departments and County Clerk; and WHEREAS, the GIS-Technologies Department has sufficient budget to fund said annual software maintenance. NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the County of Kane shall pay ESRI (Environmental System Research Institute, Inc) the sum of $76,304 for the annual software maintenance until March 16, Said amount shall be paid from BE IT FURTHER RESOLVED that the Chairman of the County Board is authorized to execute said payment. Line item Line Item Description Was approved in original budget or a subsequent budget revision? Are funds currently available for this in the specified line item? Maintenance - Computers Yes Yes If funds are not currently available in the specified line item, where are the funds available? RESOLUTION #12-03 A RESOLUTION TO ACCEPT LOCAL TECHNICAL ASSISTANCE SERVICES DELIVERED BY THE CHICAGO METROPOLITAN AGENCY FOR PLANNING WHEREAS, Chicago Metropolitan Agency for Planning ( CMAP ) has adopted the GO TO 2040 Plan as 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 Kane County ( the County ) has applied for staff assistance services through CMAP, to create a model framework to evaluate vacant and underutilized land for potential transition to local food related land uses ; and WHEREAS, the County s request for such assistance has been recommended by CMAP as a priority project; and WHEREAS, the County and CMAP have agreed on the general contents of a Memorandum of Understanding ( MOU ) and a Scope of Services that will guide staff assistance services to be provided by CMAP. NOW, THEREFORE, BE IT RESOLVED Section 1: the County supports this project to create a model framework to evaluate vacant and underutilized land for potential transition to local food related land uses. Section 2: the County accepts the offer of staff assistance services by CMAP and recognizes that these services are provided for the purpose of advancing the implementation of GO TO Section 3: the County authorizes staff as designated by the County Board Chair to finalize and execute a Memorandum of 658

9 Understanding with an attached Scope of Services. Section 4: the County recognizes that provisions that govern the administration of staff assistance services, and, if necessary, the discontinuance of such services, are included in the Memorandum of Understanding. Section 5: This resolution shall be effective as of the date of its adoption. RESOLUTION #12-04 APPROVING AMENDMENT TO AN AGREEMENT LANDSCAPE MAINTENANCE FOR THE MILL CREEK SPECIAL SERVICE AREA WHEREAS, quotes were solicited and received for maintenance of selected areas of the Mill Creek Subdivision for the Mill Creek Special Service Area District and funds were appropriated in the amount of $23,620.35; and WHEREAS, Summer Green Landscaping & Lawn Service of Plainfield, IL. was the lowest responsible quote for providing planting and watering of Annuals; and WHEREAS, Summer Green Landscaping & Lawn Service of Plainfield, IL will perform additional services, on request, according to the following price structure; and. Installation per plant $.39 Watering per application $ WHEREAS, maintenance requirements resulted in an additional expense of $15,947.00; and WHEREAS, it is in the County s best interest to extend the upper limit of the appropriation for Summer Green Landscaping & Lawn Service services by an additional $15, from $23, to $39,567.35; and NOW, THEREFORE, BE IT RESOLVED by the Kane County Board appropriate the additional sum of Fifteen Thousand Nine Hundred Forty-Seven Dollars ($15,947.00) from Mill Creek Special Service Area Fund (Repair & Maintenance Building & Grounds). Line Item Line Item Description Was approved in original budget or a subsequent budget revision? Repair & Maintenance Building & Grounds Are funds currently available for this in the specific line item? If funds are not currently available in the specified line item, where are the funds available? Yes Yes N/A RESOLUTION #12-05 ACCEPTING OBLIGATION DUE IMRF (Cinda A. Burgert) WHEREAS, Cinda A. Burgert applied for and was granted a leave of absence from February 1, 1980 through February 29, 1980; and 659

10 WHEREAS, Cinda A. Burgert applied for and was granted another leave of absence from August 1, 1986 through August 31, 1986; and WHEREAS, this employee desires to buy back service credits with the Illinois Municipal Retirement Fund by paying her contribution plus interest to IMRF after the termination of the leaves of absence; NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that it agrees to accept the obligation due IMRF for employee contributions with interest thereon payable through future employee monthly contributions. BE IT FURTHER RESOLVED that the County IMRF authorized agent is hereby directed to file a certified copy of this resolution with the Illinois Municipal Retirement Fund. RESOLUTION #12-06 PURCHASE OF UPM POTHOLE PATCH MIX KANE COUNTY DIVISION OF TRANSPORTATION (BID NUMBER ) WHEREAS, bids were solicited and received by the Kane County Purchasing Department for UPM Pothole Patch Mix (hereinafter UPM ) for the Kane County Division of Transportation (KDOT); and WHEREAS, it was estimated that KDOT will use approximately one hundred fifty (150) tons of UPM from December 1, 2011 through November 30, 2012 (FY2012); and WHEREAS, the lowest qualified bid for the UPM was $99.25 per ton from Builders Asphalt, LLC, 45W295 Main Street, Elburn, Illinois 60119; and WHEREAS, since the purchase is less than $30,000, this award was made by the Director of Purchasing in consultation with the Division of Transportation; and WHEREAS, on October 26, 2011, Seaboard Asphalt Products (Seaboard) submitted a bid protest stating that the product provided by the low bidder was not compliant with certain State Air Quality Regulations; and WHEREAS, on November 3, 2011, Director of Purchasing replied to Seaboard denying the bid protest after consulting with the State s Attorney s Office and the Division of Transportation; and WHEREAS, on November 18, 2011, Transportation Committee Chair received an appeal of the Purchasing Director s decision, which was presented to the Transportation Committee at their December 18 th meeting; and WHEREAS, the Transportation Committee denied the appeal presented by Seaboard Asphalt Products. NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the lowest qualified bid of $99.25 per ton for said UPM (Pothole Patch) Mix from Builders Asphalt, LLC, be accepted. 660

11 RESOLUTION #12-07 APPROVING CONTRACTS FOR TRAFFIC SIGN MATERIAL FOR THE KANE COUNTY DIVISION OF TRANSPORTATION KANE COUNTY SECTION NO GM WHEREAS, bids have been solicited and received for the purchase of traffic sign material by the Kane County Division of Transportation; WHEREAS, the lowest responsible bidder for the solicited groups of sign material is 3M Inc of St. Paul, Minnesota for Roll Goods and US Standard, Inc of Franklin Park, Illinois for Aluminum Blanks. NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the following lowest responsible bids of 3M, Inc. of St. Paul, Minnesota for roll goods and US Standard, Inc. of Franklin Park, Illinois for aluminum blanks be accepted: Roll Goods 3M, Inc. $46, Aluminum Blanks US Standard, Inc. $44, TOTAL $90, BE IT FURTHER RESOLVED that the total sum for the purchase of roll goods and aluminum blanks of said traffic signal material in the amount of Ninety Thousand Six Hundred Nine and 33/100 Dollars ($90,609.33) be paid from County Highway Fund No.300, Line Item #60430 (Sign Material) and the County Board Chairman be and is hereby authorized to enter into agreements for the provision of said traffic sign material at the above stated prices from each respective lowest responsible bidder therefor. Line item Line Item Description Was approved in original budget or a subsequent budget revision? Are funds currently available for this in the specified line item? Sign Material Yes Yes If funds are not currently available in the specified line item, where are the funds available? RESOLUTION #12-08 APPROVING SUPPLEMENTAL APPROPRIATION PREFORM TRAFFIC CONTROL SYSTEMS, LTD. KANE COUNTY PAINT PAVEMENT MARKING KANE COUNTY SECTION NO GM WHEREAS, pursuant to Resolution No , the County of Kane appropriated Three Hundred Fifty Three Thousand One Hundred Thirty Three and 46/100 Dollars ($353,133.46), (hereinafter the appropriation ) and entered into a construction contract with Preform Traffic Control Systems, Ltd. (hereinafter Preform ) for Kane County Paint Pavement Marking, Kane County Section No GM (hereinafter the Improvement ); and WHEREAS, unforeseen preventative maintenance and other pavement repairs on sections of Main Street and Big Timber Road required existing pavement marking to be replaced; and WHEREAS, in order to address these needs, the unforeseen work was added to the 2011 Paint Pavement Marking contract for an additional $5,101.92; and WHEREAS, it is in the County s best interest to extend the upper limit of the appropriation for 661

12 services by Preform for an additional Five Thousand One Hundred One and 92/100 Dollars ($5,101.92) from $353, to $358, NOW, THEREFORE, BE IT RESOLVED that the County of Kane appropriate the additional sum of Five Thousand One Hundred One and 92/100 Dollars ($5,101.92) from Motor Fuel Local Option Tax Fund #304, Line Item #52070 (Pavement Marking), Purchase Order # to pay Preform for the unforeseen additional work added to the Improvement. Line item Line Item Description Was approved in original budget or a subsequent budget revision? Are funds currently available for this in the specified line item? Building Improvements Yes Yes If funds are not currently available in the specified line item, where are the funds available? RESOLUTION #12-09 APPROVING A PHASE II ENGINEERING SERVICES AGREEMENT WITH ENGINEERING ENTERPRISES, INC. FOR FABYAN PARKWAY FROM ILLINOIS ROUTE 25 TO NAGEL BOULEVARD KANE COUNTY SECTION NO CH WHEREAS, Phase II Engineering services are needed for the proposed improvement of Kane County Highway No. 8 (also known as Fabyan Parkway) from Illinois Route 25 to Nagel Boulevard (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 WHEREAS, Engineering Enterprises, Inc., 52 Wheeler Road, Sugar Grove, IL 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 Twenty Eight Thousand One Hundred Fifty Nine and 33/100 Dollars ($128,159.33) as set forth in the Phase II 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 II Engineering services agreement with Engineering Enterprises, Inc. BE IT FURTHER RESOLVED that the Kane County Board appropriate the not to exceed sum of One Hundred Twenty Eight Thousand One Hundred Fifty Nine and 33/100 Dollars ($128,159.33) from Transportation Sales Tax Fund #305, Line Item #50140 (Engineering) to pay for said Phase II Engineering services for the Improvement with approximately eighty percent (80%) thereof to be reimbursed to the County from federal funds. Line item Line Item Description Was approved in original budget or a subsequent budget revision? Are funds currently available for this in the specified line item? Engineering Yes Yes If funds are not currently available in the specified line item, where are the funds available? 662

13 RESOLUTION #12-10 APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ILLINOIS FOR PHASE II ENGINEERING SERVICES FOR FABYAN PARKWAY FROM ILLINOIS ROUTE 25 TO NAGEL BOULEVARD KANE COUNTY SECTION NO CH 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 its Illinois Department of Transportation) desire to cooperate among themselves to accomplish the improvement of Kane County Highway No. 8 (also known as Fabyan Parkway) from Illinois Route 25 to Nagel Boulevard (hereinafter referred to as the Improvement ); and WHEREAS, the County and the State desire to undertake Phase II Engineering services for the Improvement at an estimated cost of One Hundred Twenty Eight Thousand One Hundred Fifty Nine and 33/100 Dollars ($128,159.33); 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, provide for the safety of the motoring public, and preserve and protect sensitive environmental features from adjacent highway improvements; 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 with the State (a copy of which is on file with the County Clerk's Office), with the County s share of the Phase II Engineering estimated to be $25, 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 Phase II Engineering of the Improvement. RESOLUTION #12-11 APPROVING A PHASE II ENGINEERING SERVICES AGREEMENT WITH WILLS BURKE KELSEY ASSOCIATES, LTD. FOR THE JERICHO ROAD OVER BLACKBERRY CREEK STRUCTURE REPLACEMENT KANE COUNTY SECTION NO BR WHEREAS, Phase II Engineering services are needed for the Kane County Highway No. 24 (also known as Jericho Road) over Blackberry Creek structure replacement (herein referred to as project ); and WHEREAS, in order to accomplish the project, 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 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 Seven Thousand Nine Hundred Fifty and 95/100 Dollars ($207,950.95) as set forth in the Phase II Engineering Services 663

14 Agreement (a copy of which is on file with the County Clerk's Office); and WHEREAS, necessary fees to be expended during the project s Phase II Engineering for the required purchase of wetland credits and wetland permitting are estimated to cost an additional Sixteen Thousand Two Hundred Fifty and No/100 Dollars ($16,250.00). 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. BE IT FURTHER RESOLVED that the Kane County Board appropriate the not to exceed sum of Two Hundred Twenty Four Thousand Two Hundred and 95/100 Dollars ($224,200.95) from Motor Fuel Local Option Tax 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 and wetland permitting with approximately eighty percent (80%) thereof to be reimbursed to the County from federal funds. Line item Line Item Description Was approved in original budget or a subsequent budget revision? Are funds currently available for this in the specified line item? Engineering Yes Yes If funds are not currently available in the specified line item, where are the funds available? RESOLUTION #12-12 APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ILLINOIS FOR PHASE II ENGINEERING SERVICES FOR THE JERICHO ROAD OVER BLACKBERRY CREEK STRUCTURE REPLACEMENT KANE COUNTY SECTION NO 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 its Illinois Department of Transportation, desire to cooperate among themselves to accomplish the Phase II Engineering for structure replacements on Kane County Highway No.24 (Jericho Road) over Blackberry 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 $207,950.95; and WHEREAS, the fees associated with the required purchase of wetland credits and permitting is at an estimated cost of $16,250.00; 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 and permitting estimated to be $44,

15 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 Phase II Engineering for the Improvement RESOLUTION #12-13 APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ILLINOIS FOR RIGHT OF WAY ACQUISITION FOR THE JERICHO ROAD OVER BLACKBERRY CREEK STRUCTURE REPLACEMENT KANE COUNTY SECTION NO 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 its Illinois Department of Transportation, desire to cooperate among themselves to accomplish the right-of-way acquisition for structure replacements on Kane County Highway No.24 (also known as Jericho Road) over Blackberry Creek (hereinafter referred to as the Improvement ); and WHEREAS, the County and the State desire to undertake right-of-way acquisition for the Improvement at an estimated cost of $440,000.00; 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 right-of-way acquisition estimated to be $88, 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. RESOLUTION #12-14 APPROVING CONTRACT FOR CONSTRUCTION STEARNS ROAD CORRIDOR STAGE 2A MCLEAN FEN KANE COUNTY SECTION NO LS WHEREAS, the Illinois Department of Transportation (IDOT) has solicited and received bids for the work and construction described as: KANE COUNTY SEC. NO LS MCLEAN FEN (hereinafter the Project ) 665

16 WHEREAS, the lowest responsible bidder for the Project is: PLOTE CONSTRUCTION, INC. with a low bid of $1,146, WHEREAS, pursuant to Kane County Resolution No , Kane County previously entered into a Local Agency Agreement for Federal Participation in the Project with Federal, State and County funds covering construction costs of the Project; and WHEREAS, the Project is estimated to be funded $1,031, in Federal and State funds with the County share estimated at $114, NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that there is hereby appropriated the sum of One Hundred Fourteen Thousand Six Hundred Twenty Eight and 31/100 Dollars ($114,628.31) from Transportation Sales Tax Fund #305, Line Item #73010 (Bridge Construction) to reimburse IDOT for the County s share of the cost of the Project. Line item Line Item Description Was approved in original budget or a subsequent budget revision? Are funds currently available for this in the specified line item? Bridge Construction Yes Yes If funds are not currently available in the specified line item, where are the funds available? RESOLUTION #12-15 APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ILLINOIS FOR CONSTRUCTION OF PLANK ROAD AT ILLINOIS ROUTE 47 KANE COUNTY SECTION NO CH 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 its Illinois Department of Transportation) desire to cooperate among themselves to accomplish Construction for Kane County Highway No. 22 (Plank Road) at Illinois Route 47 intersection improvement (hereinafter referred to as the Improvement ); and WHEREAS, the County and the State desire to undertake Construction for the Improvement at an estimated cost of Two Million Four Hundred Forty Two Thousand One Hundred One Dollars ($2,442,101.00); 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 Construction estimated to be $796,

17 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 Construction for the Improvement. RESOLUTION #12-16 RATIFICATION OF EMERGENCY PURCHASE APPROVING CONTRACT FOR CONSTRUCTION RANDALL ROAD OVER MILL CREEK KANE COUNTY SECTION NO BR WHEREAS, the Kane County Division of Transportation has solicited and received bids for the work and construction described as: KANE COUNTY SECTION NO BR RANDALL ROAD OVER MILL CREEK (hereinafter the Project ) WHEREAS, the lowest responsible bidder for the Project was awarded to: ALLIANCE CONTRACTORS, INC. OF WOODSTOCK, ILLINOIS with a low bid of $54, NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the contract for the Project described hereinabove was awarded by Emergency Purchase and a contract and contractor s bond was executed by the County Board Chairman to the lowest responsible bidder in the amount as indicated hereinabove. BE IT FURTHER RESOLVED that there is hereby appropriated the sum Fifty Four Thousand Four Hundred Fifty One and 50/100 Dollars ($54,451.50) from Motor Fuel Local Option Tax Fund #304, Line Item #52040 (Repairs & Maintenance - Bridges) to pay for the Project. Line item Line Item Description Was approved in original budget or a subsequent budget revision? Are funds currently available for this in the specified line item? Repairs & Maintenance Bridges Yes Yes If funds are not currently available in the specified line item, where are the funds available? RESOLUTION #12-17 ACQUISITION OF HIGHWAY RIGHT OF WAY EXTENSION OF ANDERSON ROAD KANE COUNTY SECTION NO BR PARCEL NO WHEREAS, the County of Kane is authorized by law, pursuant to the Illinois Compiled Statutes, 605 ILCS 5/5-801 (2010), to acquire real property for highway purposes by negotiated purchase or eminent domain proceedings; and 667

18 WHEREAS, the County of Kane has developed right of way plans for the extension of Anderson Road, Kane County Sec. No BR; and WHEREAS, the Commuter Rail Division of the Regional Transportation Authority, a division of an Illinois municipal corporation (hereinafter METRA ), the property owner of Anderson Road Parcel No. 0005, which is legally described in Exhibit A attached hereto (a copy of which is on file in the office of the Kane County Clerk), has offered to grant, at no expense to the County of Kane, a permanent highway easement over and through said parcel which easement is necessary for the completion of the extension of Anderson Road. NOW THEREFORE, BE IT RESOLVED by the Kane County Board that the County of Kane accept the offer of METRA, the property owner of Anderson Road Parcel No.0005 to grant a permanent highway easement in favor of the County of Kane over and through said Parcel No at no expense to the County of Kane and the Chairman of the Kane County Board is hereby authorized and directed to execute a contract and any other agreement(s) therefor. RESOLUTION #12-18 AMENDING RESOLUTION NO ACQUISITION OF HIGHWAY RIGHT OF WAY LONGMEADOW PARKWAY BRIDGE CORRIDOR KANE COUNTY SECTION NO BR PARCEL NOS. 1LN0057 WHEREAS, the County of Kane is authorized by law, pursuant to the Illinois Compiled Statutes, 605 ILCS 5/5-801 (2010), to acquire real property for highway purposes by negotiated purchase or eminent domain proceedings; and WHEREAS, the County of Kane has developed right of way plans for the Longmeadow Parkway Bridge Corridor, Kane County Sec. No BR; and WHEREAS, Carl Lundstrom the property owner of Longmeadow Parkway Bridge Corridor Parcel No.1LN0057, which is legally described in Exhibit A attached hereto (a copy of which is on file in the office of the Kane County Clerk), have offered to sell said property to the County of Kane for the amount of Five Hundred Ninety Eight Thousand Six Hundred Dollars ($598,600.00) NOW THEREFORE, BE IT RESOLVED by the Kane County Board that the County of Kane accept the offer of Carl Lundstrom the property owner of Longmeadow Parkway Bridge Corridor Parcel No.1LN0057 to sell said property to the County of Kane for the total amount of Five Hundred Ninety Eight Thousand Six Hundred Dollars ($598,600.00) to be paid from the Impact Fees Fund No. 556, Line Item No (Highway Right-of-Way) and the Chairman of the Kane County Board is hereby authorized and directed to execute a contract and possession agreement(s) therefor. Line item Line Item Description Was approved in original budget or a subsequent budget revision? Are funds currently available for this in the specified line item? Highway Right-of-Way Yes Yes If funds are not currently available in the specified line item, where are the funds available? 668

19 LEGAL DESCRIPTION 1LN0057 That part of the East Half of the Southwest Quarter of Section 4 and part of the Northwest Quarter of Section 9, Township 42 North, Range 8 East of the Third Principal Meridian, Kane County, Illinois described as follows: Beginning at the Northeast corner of the Northwest Quarter of said Section 9; thence South 00 degrees 31 minutes 24 seconds West, along the East line of said Northwest Quarter, feet to the North line of property described in Quit Claim Deed recorded August 9, 1999 as document number 1999K077501; thence North 86 degrees 43 minutes 39 seconds West, along said North line, feet to the Northwest corner of property described in said document 1999K077501; thence North 13 degrees 02 minutes 06 seconds East, feet to a line feet Southerly of (as measured normal to) and parallel with the North line of said Northwest Quarter; thence North 89 degrees 37 minutes 56 seconds West, along said parallel line, feet to the West line of the East half of said Northwest Quarter; thence North 00 degrees 24 minutes 09 seconds East, along said West line, feet to the Northwest corner of the East half of said Northwest Quarter; thence North 00 degrees 57 minutes 47 seconds west, along the West line of the East half of the Southwest Quarter of said section 4, also being the East line of Willoughby Farms Unit 23 recorded October 15, 1996 as document number 96K073910, feet to a line feet Northerly of (as measured normal to) and parallel with the South line of said Southwest Quarter; thence South 89 degrees 37 minutes 56 seconds East, along said parallel line, feet; thence North 00 degrees 22 minutes 04 seconds East, feet to the South line of property described in Executor s Deed recorded August 15, 1991 as document number 91K44758; thence North 89 degrees 09 minutes 28 seconds East, along said South line, feet to the East line of the Southwest Quarter of said Section 4; thence South 01 degrees 17 minutes 09 seconds East, along said East line, feet to the point of beginning. Said parcel containing acres more or less. No questions or discussion. Roll call on Consent Agenda, (#12-01, #12-02, #12-03, #12-04, #12-05, #12-06, #12-07, #12-08, #12-10, #12-11, #12-13, #12-14, #12-15, #12-16, #12-17, #12-18) as follows: AYES: Allan, Auger, Castro, Davoust, Donahue, Ford, Frasz, Haley, Hoscheit, Hurlbut, Lewis, Lindgren, Mihalec, Molina, Reyna, Smith, Taylor, Tredup, Van Cleave, Wojnicki NAYES: None AYES: 20 NAYS: 0 Resolution #12-09 Roll Call as follows: AYES: Allan, Auger, Castro, Davoust, Donahue, Ford, Frasz, Haley, Hoscheit, Hurlbut, Lewis, Lindgren, Mihalec, Molina, Reyna, Smith, Taylor, Tredup, Van Cleave, Wojnicki: NAYES: None ABSTAIN: Taylor AYES: 0 NAYES: 0 ABSTAIN:1 CONSENT AGENDA IS ADOPTED. RESOLUTION #12-19 Motion by Haley second by Van Cleave that Resolution #12-19 be adopted. AMENDING APPENDIX C OF THE KANE COUNTY CODE - LIQUOR LICENSES WHEREAS, it is necessary to amend Appendix C of the Kane County Code to reduce the number of Class AR liquor licenses in Dundee Township resulting from the surrender of the Liquor License for M&R Banquets, d/b/a The Milk Pail. NOW, THEREFORE, BE IT ORDAINED by the Kane County Board that the allowable number of liquor licenses in Kane County be fixed as follows: Township CLASS AR CLASS AP CLASS AW CLASS C CLASS C-1 CLASS D CLASS D-1 CLASS E CLASS G Aurora Batavia Big Rock Blackberry Burlington Campton

20 Dundee Elgin Geneva Hampshire Kaneville Plato Rutland St. Charles Sugar Grove Virgil Chairman stated that the Milk Pail Restaurant had surrendered their license the previous week. No discussion. Roll call as follows: AYES: Allan, Auger, Castro, Davoust, Donahue, Ford, Frasz, Haley, Hoscheit, Hurlbut, Lewis, Lindgren, Mihalec, Molina, Reyna, Smith, Taylor, Tredup, Van Cleave, Wojnicki NAYES: None AYES: 20 NAYS: 0 RESOLUTION #12-19 IS ADOPTED. APPOINTMENTS Motion by Frasz second by Haley that the APPOINTMENTS be approved. Mill Creek Citizen s Advisory Body 3 Year Term: 1) William Earle 2) Carol Frey* 3) Mark Ruby* 4) Troy Groethen 1 Year Term: 1) Pamela Poole 2) Katherine Parr 3) Mark Neville 4) Michael Barth KANE COUNTY BOARD APPOINTMENTS January 10, 2012 *Reappointment Chairman called for a voice vote. Motion carried unanimously by voice vote. APPOINTMENTS ARE APPROVED. 670

21 EXECUTIVE SESSION Motion by Castro; 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 10:07 a.m. The Board resumed regular session at 10:22 a.m. RESOLUTION #12-20 Motion by Reyna, second by Mihalec that Resolution #12-20 be adopted. SETTLEMENT OF A CLAIM (10WC31648) WHEREAS, the County desires to settle workers compensation claim numbered 10WC NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the Chairman of the County Board is hereby authorized to execute any documents necessary to settle 10WC31648 with the following terms: 1. Payment of Fifty Eight Thousand Eight Hundred Sixty Dollars and Ninety Six Cents ($58,860.96). Roll Call as follows: AYES: Allan, Auger, Castro, Davoust, Donahue, Ford, Frasz, Haley, Hoscheit, Hurlbut, Lewis, Lindgren, Mihalec, Molina, Reyna, Smith, Taylor, Tredup, Van Cleave, Wojnicki NAYES: None AYES: 20 NAYS: 0 RESOLUTION #12-20 IS ADOPTED. RESOLUTION #12-21 Motion by Mihalec second by Allan that Resolution #12-21 be adopted. SETTLEMENT AGREEMENT BETWEEN THE COUNTY OF KANE AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, COUNCIL 31, LOCAL 3966 FOR THE KANE COUNTY HEALTH DEPARTMENT WHEREAS, the American Federation of State, County and Municipal Employees, Council 31, Local 3966 ( AFSCME ), is the exclusive representative of the Kane County Health Department ( Department ) employees; and WHEREAS, on or about November 8, 2010, approximately 45 AFSCME represented employees were laid off due to legitimate business reasons related to the reorganization of the Health Department (the Reorganization Decision ); and WHEREAS, in response to the Reorganization Decision, AFSCME, on behalf of its members, filed various grievances and other legal challenges to the Department s employment decisions and related actions surrounding the Reorganization Decision, including an unfair labor practice charge with the Illinois State Labor Relations Board, Case No: S-CA (the ULP ) and several grievances that are or have been scheduled for hearing during calendar year 2012; and WHEREAS, following good faith negotiations to resolve all matters that were raised in the ULP and several other legal challenges to the Department s Reorganization Decision (including those raised 671

22 in the grievances which are scheduled for arbitration in 2012), the Parties have entered into a Settlement Agreement which is dated January 10, 2012 (the Settlement Agreement ); and WHEREAS, AFSCME, the Department and all of the covered employees agreed to enter into this Settlement Agreement solely for the purpose of settling disputed claims and there is nothing in the Settlement Agreement that is construed as an admission of liability or wrongdoing of any kind by any of the Released Parties (defined to include the County of Kane, the Kane County Health Department, the Kane County Board, the Kane County labor/management committee, and all of its/their departments, political subdivisions, beneficiaries, predecessors, successors, heirs and assigns, and all of its/their past, present and future officials, directors, employees, agents, attorneys, representatives, trustees, administrators, fiduciaries and insurers, jointly and severally, in their individual, fiduciary and official capacities (the Released Parties ); and WHEREAS, pursuant to the Settlement Agreement, each of the 45 laid off employees will receive a lump sum payment from the Department as consideration for the promises in the Settlement Agreement, including a separate individual agreement to release any claims that were or could have been raised by those individuals against any of the Released Parties (as defined above) based on all issues that were or could have been raised related to their loss of employment arising out of the Reorganization Decision. NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the Chairman thereof is hereby authorized and directed to enter into the Settlement Agreement with AFSCME (and the Release Addendum agreements signed by the laid off AFSCME members) and a copy of both documents shall be kept on file at the Office of the County Clerk, the County Auditor and the County Board Office. Roll Call as follows: AYES: Allan, Auger, Castro, Davoust, Donahue, Ford, Frasz, Haley, Hoscheit, Hurlbut, Lewis, Lindgren, Mihalec, Molina, Reyna, Smith, Taylor, Tredup, Van Cleave, Wojnicki: NAYES: None ABSTAIN: Reyna AYES: 19 NAYES: 0 ABSTAIN:1 RESOLUTION #12-21 IS ADOPTED. SPEAKER Allen G. Scott Huntley IL stated that tomorrow he has the pleasure of protesting his property tax assessment. He has gone over the Board of Review process and did have initial questions with the Board of Review, familiarity with the Township Assessor s and his concern was a positive outlook toward those Assessor s and after watching them and the professional shown from the Board of Review has assuaged his concerns in that regard. However the concern with making a protest and not allowing the property owner to have a non-lawyer spoke person represent the property owner. He is not sure if this is an Illinois or state requirement or Kane County. He said it sounds like the Mike Madigan enrichment process. He would like the Board to consider going ahead and revising some of the Board of Review procedures and regulations in order to allow a representative who is not the property owner to represent that person. I know many people who would protest accept he said they do not do well especially women in a situation where they are arguing with someone. So it is equalizing the process out and asked the Board to consider that. What he ascertains from Kane County is that if you want to see a reduction in your taxes you have to go to the different taxing bodies and he has a calendar of the nine taxing bodies that he has to go too. He said it is an arduous process and to keep in mind that it takes a lot of 672

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