Proceedings of the KANE COUNTY BOARD KANE COUNTY, ILLINOIS

Proceedings of the KANE COUNTY BOARD KANE COUNTY, ILLINOIS FEBRUARY 8, 2011

TABLE OF CONTENTS COUNTY BOARD MEETING February 8, 2011 MINUTE APPROVAL January 11, 2011... 54 PRESENTATIONS #11-16 Recognition of February As Black History Month... 54 ZONING PETITIONS #4255 Blackberry Township, Petitioner Dennis Godfrey... 58 #4256 St. Charles Township, Petitioner Fine Line Creative... 59 RESOLUTIONS AND ORDINANCES #11-17 Authorization to Extend Cellular Tower Lease... 61 #11-18 Vehicle Replacement Kane County Sheriff s Office... 61 #11-19 Purchase of Two (2) 2011 Ford Escapes Kane County Division of Transportation... 62 #11-20 Purchase of Two (2) 2011 Freightliner Tandem Axle 6x6 Truck Cabs and Chassis. 62 K #11-21 Extending the Refuse Removal Contract for the County Governmental Facilities... 63 #11-22 2011 Aerial Imagery... 64 #11-23 ESRI Software Maintenance... 64 #11-24 Amending the 2010 Fiscal Year Budget Year-End Payroll Accrual... 65 #11-25 Abating the Tax Heretofore Levied for the Yr. 2010 to Pay the Debt on $7,670,000 66 G #11-26 FY2011 Budget Adjustment Series 2010 General Obligation Alternate Revenue... 67 S #11-27 Budget Appropriation for Construction of Fiber Optic Network System... 67 #11-28 Construction of Fiber Optic Network System... 68 #11-29 Approval of Personnel Hiring Kane County Division of Transportation Maintenance 69 D #11-30 Authorizing Exception to the County Financial Policies Regarding Personnel Hiring 69 an #11-31 Authorizing Exception to the County Financial Policies Regarding Personnel Hiring 70 an #11-32 Authorizing Exception to the County Financial Policies Regarding Personnel Hiring 71 an #11-33 Contract with Attorneys for Trial Cases... 71 #11-34 Supporting Illinois General Assembly-House Bill 9 Internet Publication of Annual... 116 #11-35 Authorizing an Inter-Agency Memorandum, of Understanding for the 2011 Kane... 72 C #11-36 Proclaiming February 2011 as Prevent a Litter Month... 117 #11-37 Purchase of Two (2) Body and Equip Packages Including Installation Thereof on... 73 Tw #11-38 Approving an Intergovernmental Agreement Between the County of Kane, the City of. S County to Pursue Public Use of the Union Pacific Railroad s St. Charles Industrial Lead Spur Line... 73 #11-39 Approving a Wetland Mitigation Agreement with V3 Wetland Restoration LLC for Orchard Road from Jericho Road to US Route 30, Kane County Section No. 99-00232-01-WR... 74 #11-40 Approving a Phase II Engineering Services Agreement with V3 Companies for the Randall Road Route 529-Improving Access to Bus Service, Kane County Section No.

11-00392-01-TD... 118 #11-41 Approving an Intergovernmental Agreement with the State of Illinois for Phase III Construction for Randall Road at Bolcum Road Intersection Improvement, Kane County Section No. 04-00325-00-TL... 75 #11-42 Approving an Intergovernmental Agreement with the State of Illinois for Phase III Construction for Randall Road at Fabyan Parkway Intersection Improvement, Kane County Section Number... 75 #11-43 Authorizing Acquisition if Highway Right of Way, Anderson Road from Keslinger Road to IL Route 38, Kane County Section No. (Thirteen Parcels-Parcel No. 0001; Parcels No. 0003-0014)... 76 #11-44 Authorizing the Salary of the County Engineer, Section No. 11-CS089-00-AC... 119 #11-45 Appropriating Funds for Payment of the County Engineer s Salary, Illinois Dept. of Transportation, Section No. 11-CS089-AC... 115 SPEAKERS Resolution #11-35 Authorizing an Inter-Agency Memorandum, of Understanding for the... 55 EXECUTIVE SESSION... 120 ADJOURNMENT... 120 52

The Adjourned Meeting of the Kane County Board was held at the Kane County Government Center, Geneva, IL 9:53 a.m. on Tuesday February 8, 2011 Chairman, Karen McConnaughay, John Cunningham, County Clerk. Roll call as follows: PRESENT: Allan, Auger, Castro, Davoust, Donahue, Ford, Frasz, Haley, Hoscheit, Hurlbut, Kenyon, Kunkel, Lewis, Lindgren, Mihalec, Mitchell, Molina, Reyna, Silva, Smith, Taylor, Van Cleave, Vazquez, Wojnicki: ABSENT: Collins, Tredup PRESENT: 24 ABSENT: 2 Collins joined the meeting at 9:55 a.m. APPROVAL OF MINUTES Motion by Van Cleave; seconded by Vazquez that minutes of the January 11, 2011 meeting be approved. Motion carried unanimously by voice vote to approve the minutes of the January 11, 2011, meeting. RESOLUTION #11-16 Motion by Ford second by Vazquez that Resolution #11-16 be adopted. Donnell Collins read the following resolution. RECOGNITION OF FEBRUARY AS BLACK HISTORY MONTH WHEREAS, February is designated nationally as Black History Month; and WHEREAS, it is desirable and appropriate that we reflect upon the contributions of African Americans to this country in the areas of Arts, Sciences, Politics, Education, Culture and Law, and WHEREAS, it is periodically appropriate to focus on the significant contributions of African Americans; and WHEREAS, the list of exceptional African Americans includes James Baldwin, most prolific Black play writer, essayists and novelists of modern times and Langston Hughes an outstanding poet and novelist, Josephine Baker, most colorful dancer and singer. In the area of science, Dr. Charles Drew, founder of blood plasma, director of Red Cross Blood bank, Matthew Henson, first man to set foot on the North Pole and Dr. Daniel Hale Williams performed the first successful heart surgery. Politicians Shirley Chisholm the first black woman to run for president, Andrew Young who was the first black ambassador to the UN and Eric Holder the first black attorney general. Educators Benjamin Mays, President of Morehouse College, George Washington Carver, founder of Tuskegee Institute and Marva Collins the founder of the Westside Preparatory School in Chicago. Oliver Brown addressed segregation in the Brown vs. the Board of Education and Marian Anderson an American contralto. There was Adam Clayton Powell Jr, the first black congressman from New York and Joseph Hayne Rainey the first Black seated in the U.S. House of Representatives presiding over that House. Let us not forget our local heroes, Cynthia Latimer, Assistant Superintendent Division of Teaching and Learning in District 129, Marie Wilkinson, founder of the Marie Wilkinson Daycare Center and Food Pantry and long time community activist, Dr. Deslyn Browne, African 53

American physician at Rush Copley Hospital and Wilbert Walters, educator and founder of the non-for-profit Aurora Sundowners track club which has been in existence for over 42 years. NOW, THEREFORE, BE IT RESOLVED that the Kane County Board wishes to recognize Black History Month and the contributions those African-Americans have made to American society. ### Vazquez made motion to correct the spelling of Wilkinson Daycare Center. Second by Ford, motion carried unanimously by voice vote. Roll Call as follows: Allan, Auger, Castro, Collins, Davoust, Donahue, Ford, Frasz, Haley, Hoscheit, Hurlbut, Kenyon, Kunkel, Lewis, Lindgren, Mihalec, Mitchell, Molina, Reyna, Silva, Smith, Taylor, Van Cleave, Vazquez, Wojnicki. SPEAKERS ON RESOLUTION #11-35 Authorizing an Inter-Agency Memorandum of Understanding for the 2011 Kane County Community Health Assessment and Community Health Action Plan. Jerry Murphy of the INC Board, Aurora, said he looks forward to this project. Terese Raabe, Rush Copley Medical Center Aurora said it is their mission to give extraordinary care to the people of Kane County. Karin Podolski of Delnor Hospital Geneva IL will give the Chairman letters to be put into the record. Ed Hunter Vice President of Mission of Provena St. Joseph expressed his cooperation and commitment to work with the county. Mike Kenyon asked that a letter from Sherman Hospital be put into the record. Letter from Inc. and Sherman Hospital follows: 54

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PETITIONS PETITION #4255 Blackberry Township, Petitioner Dennis Godfrey Motion by Kenyon second by Frasz that Petition #4255 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 from F-District Farming to E-2 District Estate Residential: That part of the Southwest Quarter of the Southeast Quarter of Section 17 Township 39 North, Range 7 East of the 3rd Principal Meridian described as follows: Commencing at the Northwest corner of the Southwest Quarter of said Southeast Quarter; thence North 88 23' East along the North line of said Quarter Quarter 723.40 feet; thence South 0 24'34" East parallel with the East line of said Quarter Quarter 301.10 feet; thence North 88 23' East parallel with said North line 485.50 feet for a point of beginning; thence South 88 23' West along the last described course 485.50 feet; thence South 0 24'34" East parallel with said East line 437.25 feet to a point that is 250.0 feet Northerly of the center line of Smith Road (measured along said East line); thence North 88 23' East parallel with said North line 90.0 feet; thence South 0 24'34" East parallel with said East line 215.84 feet to said center line; thence North 66 33'12" East along said center line 126.51 feet to an angle in said center line; thence North 68 15'52" East along said center line 299.50 feet to a line drawn parallel with said East line from the point of beginning; thence North 0 24'34" West parallel with said East line 503.0 feet to the point of beginning in Blackberry Twp, Kane County, Illinois. 2) That this rezoning is granted with the following stipulations: 1. The two new proposed lots shall share a single, common access to Smith Road 2. The existing access point to Smith Road, located near the western property line to the parcel, is situated at the optimum sight distance along the property frontage. Both new lots will be served by this single access, which shall be formalized in a permanent shared access easement for the two new lots. 3. A drainage easement over the floodplain and riparian area to an elevation of two (2) feet above the base flood elevation as it crosses the subject property shall be required. 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. ### John Thornhill was present to answer questions for the Petitioner. No discussion. Motion carried unanimously by voice vote. PETITION #4255 IS GRANTED. 57

Petition #4256 St. Charles Township, Petitioner Fine Line Creative Arts Center Motion by Kenyon, second by Davoust that Petition #4256 be granted. ORDINANCE GRANTING A SPECIAL USE PURSUANT TO ARTICLE IX, SECTION 9.4-2 a. OF THE ZONING ORDINANCE OF KANE COUNTY, ILLINOIS BE IT ORDAINED by the County Board of Kane County, Illinois, as follows: 1) That a Special Use is hereby granted and allowed under the provisions of Article IX, Section 9.4-2, a. of the Zoning Ordinance of Kane County, Illinois, to expand the existing creative arts center on the following described property: Parcel 1: That part of the Southwest Quarter of Section 8, Township 40 North, Range 8 East of the 3 rd Principal Meridian described as follows: Commencing at the point of intersection of the center line of Crane Road with the center line of Bolcum Road; thence Northerly along the center line of said Crane Road 453.60 feet; thence Westerly along a line forming an angle of 89 48 10 with said center line (measured counterclockwise therefrom) 632.0 feet to a point of beginning; thence continuing Westerly along the prolongation of the last described course 467.78 feet to the Easterly line of premises conveyed to Northern Illinois Gas Company; thence Northerly along said Easterly line forming an angle of 98 13 53 with the last described course (measured counterclockwise therefrom) 113.70 feet to an angle in said Easterly line; thence Northwesterly along a Northeasterly line of said premises forming an angle of 186 51 37 with the last described course (measured counterclockwise therefrom) 108.91 feet; thence Northeasterly along a line forming an angle of 90 02 36 with the last described course (measured counterclockwise therefrom) 40.0 feet; thence Northwesterly along a line forming an angle of 90 02 36 with the last described course (measured counterclockwise therefrom) 40.0 feet; thence Northeasterly along a line forming an angle of 90 02 36 with the last described course (measured counterclockwise therefrom) 277.58 feet; thence Northeasterly along a curve to the Left having a radius of 235.0 feet tangent to the last described course 95.15 feet; thence Northeasterly tangent to the last described curve at the last described point 92.56 feet; thence Easterly and Southeasterly along a curve to the Right having a radius of 50.0 feet tangent to the last described coures 63.47 feet; thence Southerly 441.18 feet to the point of beginning, in St. Charles Township, Kane County, Illinois. Parcel 2: That part of the East half of the Southwest Quarter of Section 8, Township 40 North, Range 8 East of the 3 rd Principal Meridian described as follows: Commencing at the point of intersection of the center line of Crane Road with the center line of Bolcum Road; thence Westerly along the center line of said Bolcum Road 721.15 feet for a point of beginning; thence Northerly along a line forming an angle of 98 19 21 with the last described course (measured counterclockwise therefrom) 246.99 feet; thence Northerly along a line forming an angle of 165 52 07 with the last described course (measured counterclockwise therefrom) 213.18 feet to a Southerly line extended Westerly of Unit No. 1, Twin Silos, St. Charles Township, Kane County, Illinois; thence Westerly along said Southerly line extended 143.16 feet to the Northeast corner of a tract of land conveyed to Jack Nunez and Mary Nunez by Warranty Deed recorded as Document 2004K123178; thence Southerly along the Easterly line of said Nunez tract 457.04 feet to the center line of said Bolcum Road; 58

thence Easterly along the center line of said Bolcum Road 157.54 feet to the point of beginning in St. Charles, Township, Kane County, Illinois. 2) That the Special Use be granted with the following stipulations: 1. The existing access off Twin Silos Drive be gated and used only for garbage removal and emergency vehicle access. 2. There shall not be more than eighty (80) tuition paying students allowed to occupy or otherwise be engaged in instructional classes on the premises at any one time during the hours of operation. 3. The hours of operation shall be between 7:30 a.m. to 10:30 p.m., Monday through Sunday, and special events hours to be from 7:00 a.m. to 12:00 a.m. No outdoor music will be allowed past 10:30 p.m. 4. An additional twenty (20) marked and delineated, on-site parking spaces provided and maintained at all times for sole and exclusive use of students and instructional staff. 5. The Special Use shall be limited to and be made proprietary to the Fine Line Creative Arts Center and would not accrue to any successors or assigns entitled to the property. 6. Fine Line shall be allowed limited sales customary to an arts center, including and with limitation, sales attendant to classes conducted at the center (to students, faculty, board members, etc) and gallery shows and workshops. 7. Fine Line shall be allowed special events customary to an arts center of this size, including such special events as gallery openings, community outreach (not to exceed fifteen (15) per year) and local student education. 8. The amended Special Use limitations would not become effective until the new access off of Bolcum Road, including related landscaping, parking, stormwater detention and the installation of a gate at the existing access has been constructed and approved. 9. The address of the Fine Line Arts Center will be changed from 6N158 Crane Road to a new address on Bolcum Road upon completion of the new access. 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 James Cook was present to answer questions. Motion carried unanimously by voice vote. PETITION # 4256 IS GRANTED. CONSENT AGENDA Chairman McConnaughay requested items to be considered separately. Items removed from Consent Agenda as follows: #11-34 by Vazquez, #11-36 by Allan, #11-40 by Donahue, #11-44 by Wojnicki. Motion by Lindgren, seconded by Frasz that the Consent Agenda (# 11-17, #11-18, #11-19, #11-20, #11-21, #11-22, #11-23, #11-24, #11-25, #11-26, #11-27, #11-28, #11-29, #11-30, #11-31, #11-32, #11-33, #11-35, #11-37, #11-38, #11-39, #11-41, #11-42, #11-43, #11-45) be adopted. 59

RESOLUTION #11-17 AUTHORIZATION TO EXTEND CELLULAR TOWER LEASE WHEREAS, Kane County owns the former County jail facility property, common address 777 E. Fabyan Parkway; and WHEREAS, said property has a cellular tower operated by Pinnacle Tower LLC, operated under a tower site lease agreement, entered into by the Kane County Public Building Commission on May 17, 1979, with said agreement being amended by the Reinstatement of and Amendment to Tower Site Lease agreement on July 1, 2008; and WHEREAS, said agreement has expired. An amendment titled First Amendment to Tower Site Lease Agreement has been negotiated and approved by the Administration and Judiciary and Public Safety Committees with a term through June 30, 2013 with a one year extension option; and WHEREAS, said tower is utilized by the County and it is in the best interest of the County to extend said cellular tower lease. Executing said lease produces revenue for the County and requires no financial commitment by the County. NOW, THEREFORE BE IT RESOLVED by the Kane County Board that the Chairman is hereby authorized to execute the First Amendment to Tower Site Lease Agreement, for the cellular tower located at 777 E. Fabyan Parkway. A copy of said contract shall be kept on file with the Kane County Auditor. 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 specified line item? If funds are not currently available in the specified line item, where are the funds available? n/a n/a n/a n/a n/a ### RESOLUTION #11-18 VEHICLE REPLACEMENT KANE COUNTY SHERIFF S OFFICE WHEREAS, the Sheriff s Office has provided the Kane County Board with a 5-year vehicle replacement plan; and WHEREAS, the Kane County Sheriff s Office is to receive $391,000 in FY 2011 of the Public Safety Tax towards vehicle replacement; and WHEREAS, the Sheriff s Office is requesting to dispose of 16 (sixteen) vehicles and purchase 14 (fourteen) new vehicles. All 14 vehicles will be front-line squad cars; and WHEREAS, the Sheriff s Office has complied with the Kane County Vehicle Replacement Program Ordinance 08-294 and has supplied adequate and appropriate documentation to the Administration Committee. 60

NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the Sheriff s Office continue to follow the 5-year vehicle replacement plan utilizing the Three Hundred Ninety One Thousand Dollars ($391,000) of Public Safety Tax fund. 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 specified line item? If funds are not currently available in the specified line item, where are the funds available? 125.800.810.70070 Vehicles Yes No N/A ### RESOLUTION #11-19 PURCHASE OF TWO (2) 2011 FORD ESCAPES KANE COUNTY DIVISION OF TRANSPORTATION WHEREAS, bids have been solicited and received by the Kane County Purchasing Department for two (2) 2011 Ford Escapes for the Kane County Division of Transportation (hereinafter the vehicles ); and WHEREAS, Freeway Ford, 8445 45 th Street, Lyons, Illinois 60534 was the low bidder for the vehicles with the amount of $39,498.00 less trade-in allowance of $3,650.00 (Unit #37) and $3,750.00 (Unit #77) for a net cost of $32,098.00. NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the low bid for said vehicles from Freeway Ford of Lyons, Illinois 60534 in the amount of Thirty Two Thousand, Ninety Eighty Dollars ($32,098.00) be accepted and that the County of Kane purchase said vehicles from Freeway Ford. Payment for the vehicles shall be made from County Highway Fund #300, Line Item #70070 (Automotive Equipment). 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 specified line item? 300.520.520.70070 Automotive Equipment Yes Yes ### If funds are not currently available in the specified line item, where are the funds available? RESOLUTION #11-20 PURCHASE OF TWO (2) 2011 FREIGHTLINER TANDEM AXLE 6X6 TRUCK CABS AND CHASSIS KANE COUNTY DIVISION OF TRANSPORTATION WHEREAS, bids have been solicited and received for the purchase of two (2) 2011 Freightliner tandem axle 6x6 truck cabs and chassis for the Kane County Division of Transportation (hereinafter the equipment ); and WHEREAS, the low responsible bid for said equipment of $321,942.00 less trade-in allowance of $20,000.00 (Trade-in Allowances: Truck #53 - $9,000.00 and Truck #55 - $11,000.00) for a net cost of $301,942.00 was from Trans Chicago Truck Group of Franklin Park, Illinois. NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the low responsible bid for the two (2) 2011 Freightliner Tandem Axle 6x6 Truck Cabs and Chassis from Trans Chicago Truck Group, 4000 North Mannheim Road, Franklin Park, Illinois 60131 be accepted and that the equipment 61

be purchased from Trans Chicago Truck Group in the amount of Three Hundred One Thousand, Nine Hundred Forty Two Dollars ($301,942.00) which shall be paid from County Highway Fund No. 300, Line Item #70070 (Automotive Equipment) and the Chairman be and hereby is authorized to enter into an agreement for the purchase of said equipment for the above stated amount including the stated trade-in allowance. 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 specified line item? 300.520.520.70070 Automotive Equipment Yes Yes ### If funds are not currently available in the specified line item, where are the funds available? RESOLUTION #11-21 EXTENDING THE REFUSE REMOVAL CONTRACT FOR THE COUNTY GOVERNMENTAL FACILITIES WHEREAS, bids were solicited and received in late 2008 for the refuse material pickup and removal for all County government facilities; and WHEREAS, the lowest responsible bidder per the bid specifications was Allied Waste Systems, which includes the following County complexes, Government Center, Third Street Courthouse, Sixth Street Center, Circuit Clerk Complex, Judicial Center, Juvenile Justice Center, and Aurora Health Department located at 1240 Highland Avenue, for the grand sum total of Forty Thousand, Nine Hundred Fifty Six Dollars ($40,956.00) per year with no rate increases for this refuse removal service. Said contract for refuse removal was executed and Allied Waste has performed this service for the past two years; and WHEREAS, said contract has an option to renew for one additional year with no rate increase, and the Purchasing and Facilities Management departments have recommended authorizing this one year extension of said Contract with Allied Waste for refuse removal; and WHEREAS, adequate funds have been budgeted and are available to pay for this refuse removal expense. NOW, THEREFORE, IT BE RESOLVED by the Kane County Board that the Chairman of the Board is authorized to extend the existing contract with Allied Waste for the refuse pick up at a cost of Forty Thousand Nine Hundred Fifty Six Dollars ($40,956.00) for one year. Funds are to be paid from the General Fund. Line item Line Item Description Was personnel/item/service approved in original budget or a subsequent budget revision? 001-080-080-52000 001-080-081-52000 001-080-082-52000 001-080-083-52000 001-080-084-52000 001-080-085-52000 Are funds currently available for this personnel/item/service in the specified line item? If funds are not currently available in the specified line item, where are the funds available? Contractual Yes Yes n/a ### 62

RESOLUTION #11-22 2011 AERIAL IMAGERY WHEREAS, the County of Kane intends to continue efforts to maintain accurate, reliable, and up-to-date geographical data; and WHEREAS, the aerial imagery serves as a framework for the County s Geographic Information System and supports the decision making process for many important issues currently facing Kane County, including real estate development and land use, transportation infrastructure, storm water and watershed management and analysis; and WHEREAS, the 2011 collaborative aerial imagery project currently being managed by the Cook County Department of Technology as governed by a contract with Merrick & Company for Cook, DuPage, Kane, Kendall, Lake, McHenry & Will Counties to develop a standard specification for 6 inch pixel color digitally captured Aerial Imagery. The seven county project for Aerial Imagery includes ground control, aerial imagery (including aero triangulation), orthorectified imagery, DEM, geodatabase design, metadata and project management; and WHEREAS, in order for Kane County to benefit in the lower cost based on the collaborative partnership with the other agencies, it is necessary to enter into an agreement with the Cook County to provide the funds to complete the 2011 project; and WHEREAS, the cost of said agreement shall not exceed $124,000; and WHEREAS, funds have been appropriated in FY2011 to fund said agreement, to said amount shall be paid from the GIS-Technologies fund 101.060.070.50150. NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the County of Kane shall pay Cook County for Aerial Imagery for 2011, not to exceed One Hundred Twenty Four Thousand and NO/100 ($124,000). 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 specified line item? 101.060.070.50150 Contracts/Consulting Yes Yes ### If funds are not currently available in the specified line item, where are the funds available? RESOLUTION #11-23 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 WHEREAS, ESRI requires annual maintenance on their software in order to receive ongoing customer support along with software upgrades; and 63

WHEREAS, the GIS-Technologies Department pays the annual software maintenance for both the 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 Seventy One Thousand, Six Hundred Twenty Two Dollars and 61/100 ($71,622.61) for the annual software maintenance until 03/16/2012. Said amount shall be paid from 101.060.070.52130. BE IT FURTHER RESOLVED that the Chairman of the County Board is authorized to execute said payment. Line item Line Item Description Was personnel/item/service approved in original budget or a subsequent budget revision? 101.060.070.52130 Maintenance - Yes Computers ### Are funds currently available for this personnel/item/service in the specified line item? Yes If funds are not currently available in the specified line item, where are the funds available? RESOLUTION #11-24 AMENDING THE 2010 FISCAL YEAR BUDGET YEAR-END PAYROLL ACCRUAL WHEREAS, in order to close out fiscal year 2010 entries need to be made to accrue for yearend payroll expenses; and WHEREAS, the year-end payroll accrual is an audit adjustment required for the last three days of the fiscal year since payroll is now paid bi-weekly rather than semi-monthly. NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the following FY2010 budget adjustment be made to accrue for year-end payroll expenses: 001.140.140.40000 Salaries and Wages $713 001.150.150.40000 Salaries and Wages $2,049 001.190.190.40000 Salaries and Wages $2,416 001.190.191.40000 Salaries and Wages $1,658 001.190.192.40000 Salaries and Wages $163 001.230.230.40000 Salaries and Wages $1,671 001.240.240.40000 Salaries and Wages $3,885 001.250.250.40000 Salaries and Wages $14,877 001.250.250.40200 Overtime Salaries $163 001.250.250.40310 Bond Call $14 001.360.360.40000 Salaries and Wages $8,126 001.380.380.40000 Salaries and Wages $28,526 001.380.380.40200 Overtime Salaries $953 001.380.380.40320 Merit Employee Longevity $620 001.380.382.40000 Salaries and Wages $39,287 001.380.382.40200 Overtime Salaries $762 001.380.382.40320 Merit Employee Longevity $565 64

001.430.430.40000 Salaries and Wages $1,277 001.430.431.40000 Salaries and Wages $7,354 001.430.433.40000 Salaries and Wages $1156 001.430.433.40200 Overtime Salaries $(53) 001.430.434.40000 Salaries and Wages $5,878 001.430.435.40000 Salaries and Wages $138 001.430.436.40000 Salaries and Wages $9,598 001.430.437.40000 Salaries and Wages $104 001.430.438.40000 Salaries and Wages $1,187 001.490.490.40000 Salaries and Wages $1,638 001.490.490.40300 Employee Per Diem $513 001.000.000.39000 Cash on Hand ($135,238) 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 specified line item? If funds are not currently available in the specified line item, where are the funds available? Various (see above) Various (see above) No No 001.000.000.39000 (Cash on Hand) ### RESOLUTION #11-25 ABATING THE TAX HERETOFORE LEVIED FOR THE YEAR 2010 TO PAY THE DEBT SERVICE ON $7,670,000 GENERAL OBLIGATION ALTERNATE BONDS (RIVERBOAT REVENUE ALTERNATE REVENUE SOURCE), SERIES 2010 OF THE COUNTY OF KANE, ILLINOIS WHEREAS, the County Board of the County of Kane, Illinois (the County ) by Ordinance No. 10-373 adopted on December 14, 2010 (the Ordinance ), did provide for the issue of $7,670,000 General Obligation Alternate Bonds (Riverboat Revenue Alternate Revenue Source), Series 2010 (the Bonds ) and the levy of a direct annual tax sufficient to pay the debt service on the Bonds; and WHEREAS, the County Treasurer has determined that the Pledged Revenues (as defined in the Ordinance) for the calendar year 2010 provide an amount equal to the debt service on the 2010 Bonds up to and including December 15, 2011, pursuant to the Ordinance; and WHEREAS, the County has sufficient Pledged Revenues on deposit in the Pledged Revenues Subaccount of the Principal and Interest Account established pursuant to the 2010 Ordinance for the purpose of paying debt service on the 2010 Bonds up to and including December 15, 2011; and WHEREAS, it is necessary and in the best interests of the County that the taxes heretofore levied for the year 2010 to pay the debt service on the Bonds be abated. NOW, THEREFORE, BE IT ORDAINED by the County Board of the County of Kane, Illinois, as follows: Section 1. Abatement of Tax. The tax heretofore levied for the year 2010 in the Ordinance is hereby abated in its entirety. Section 2. Filing of the Ordinance. Forthwith upon the adoption of this Ordinance, the County Clerk of the County shall file a certified copy hereof in his office and it shall be the duty of said County Clerk to abate said tax levied for the year 2010 in accordance with provisions hereof. 65

Section 3. Effective Date. This Ordinance shall be in full force and effect herewith upon its passage and approval, without publication or posting or any further act or requirement. ### RESOLUTION #11-26 FY2011 BUDGET ADJUSTMENT SERIES 2010 GENERAL OBLIGATION ALTENATE BONDS (RIVERBOAT REVENUE ALTERNATE REVENUE SOURCE) WHEREAS, a budget adjustment needs to be made to the FY2011 budget to properly reflect the issuance of the Series 2010 General Obligation Alternate Bonds (Riverboat Revenue Alternate Revenue Source) and the related expenditures. NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the following budget adjustments be made to the FY 2011 to reflect the issuance of the Series 2010 General Obligation Alternate Bonds (Riverboat Revenue Alternate Revenue Source) and the related expenditures: 514.800.000.38800 Bond Proceeds $7,670,000 514.800.529.80040 Debt Issuance Costs $ 282,040 514.800.529.99000 Transfer To Other Funds $7,387,960 622.760.000.39000 Transfer From Other Funds $7,387,960 622.760.766.89010 Net Income Encumbered $7,387,960 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/servic e in the specified line item? If funds are not currently available in the specified line item, where are the funds available? 514.800.529.XXXXX Various- see above No No 514.800.000.38000 (Bond Proceeds) ### RESOLUTION #11-27 BUDGET APPROPRIATION FOR CONSTRUCTION OF FIBER OPTIC NETWORK SYSTEM WHEREAS, the Kane County Information Technologies Department (ITD) is responsible for network infrastructure; and WHEREAS, the Kane County Information Technologies Department in conjunction with the Kane County Department of Transportation entered into a service agreement with Burns & McDonnell to provide engineering support detailing the scope of work for the Fiber Optics System Project; and WHEREAS, additional fiber installation is required to connect all Public Safety Answering Points (PSAP 911 Centers) throughout Kane County to provide for High Speed Continuity of network operations and interoperable communications. NOW, THEREFORE, BE IT RESOLVED, by the Kane County Board that funds not to exceed One Million Five Hundred Thousand Dollars ($1,500,000.00) be appropriated to support this project in Fiscal Year 2011. NOW, THEREFORE, BE IT FURTHER RESOLVED, by the Kane County Board that the following fiscal year 2011 budget adjustment be made: 66

125.800.810.70020 Computer Software $(521,819) 125.800.810.89010 Net Income- Encumbered $(452,718) 125.800.810.39900 Cash on Hand $ 525,463 125.800.810.70060 Communications Equipment $1,500,000 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 specified line item? If funds are not currently available in the specified line item, where are the funds available? 125.800.810.70060 Communications Equipment No Partially 125.800.810.70020 (Computer Software) & 125.800.810.89010 (Net Income Encumbered) & 125.800.000.39900 (Cash on Hand) ### RESOLUTION #11-28 CONSTRUCTION OF FIBER OPTIC NETWORK SYSTEM WHEREAS, the Kane County Information Technologies Department (ITD) is responsible for network infrastructure; and WHEREAS, the Kane County Information Technologies Department in conjunction with the Kane County Department of Transportation entered into a service agreement with Burns & McDonnell to provide engineering support detailing the scope of work for the Fiber Optics System Project; and WHEREAS, additional fiber installation is required to connect all Public Safety Answering Points (PSAP 911 Centers) throughout Kane County to provide for High Speed Continuity of network operations and interoperable communications. NOW, THEREFORE, BE IT FURTHER RESOLVED, by the Kane County Board that the Information Technologies Department be authorized to execute contracts with Gaffney s PMI for Seven Hundred Sixty Five Thousand Eight Hundred Eighty Dollars and Fifty Five Cents ($765,880.55), being the lowest bidder (RFP 62-010) and Burns & McDonnell (Professional Services) for an amount not to exceed Fifty Thousand Dollars ($50,000) in Fiscal Year 2011. 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 specified line item? If funds are not currently available in the specified line item, where are the funds available? 125.800.810.70060 Communications Equipment No Yes 125.800.810.70020 (Computer Software) & 125.800.810.89010 (Net Income Encumbered) ### 67

RESOLUTION #11-29 APPROVAL OF PERSONNEL HIRING KANE COUNTY DIVISION OF TRANSPORTATION MAINTENANCE DEPARTMENT WHEREAS, the highway maintenance and snow plowing operations for the Kane County Highway system are performed by Highway Maintainer positions (hereinafter sometimes Highway Maintainers ) within the Kane County Division of Transportation; and WHEREAS, the Kane County Division of Transportation desires to hire one Highway Maintainer to fill an opening created by the retirement of one employee and which position will also support the maintenance of additional right-of-way and increased lane miles acquired by the County over recent years including among other highways the Stearns Road Bridge Corridor; and WHEREAS, the Highway Maintainer position is fully funded by State Motor Fuel Taxes and are critical to ensuring the safety of the motoring public and the efficient movement of vehicle traffic; and WHEREAS, Kane County has adopted by Resolution 08-278 a moratorium on the hiring or replacement of County personnel, which resolution requires that no new personnel shall be hired unless specifically approved by the County Board; and WHEREAS, the County Board believes it to be fiscally responsible and in the best interest of the County to hire one qualified individual to fill the vacant Highway Maintainer position. NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the Kane County Division of Transportation is approved to hire and fill one vacant Highway Maintainer position. ### RESOLUTION #11-30 AUTHORIZING EXCEPTION TO THE COUNTY FINANCIAL POLICIES REGARDING PERSONNEL HIRING AND REPLACEMENT 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 Kane County Health Department is responsible for the professional services to manage accounting, budgetary and financial functions for the health department; and WHEREAS, current staffing levels for management of the Department s financial operations due to resignation of the finance manager have fallen below those needed for operations; and WHEREAS, the Kane County Health Department requires hiring of a Finance Manager to fill the position vacated in January, 2011; and WHEREAS, this exempt position with a salary range of $70,500 through $80,000, has been included in the FY11 budget and therefore passage of this resolution does not require a budget amendment for fiscal year 2011; and 68

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 Finance Manager position within the Department. Line item Line Item Description Was personnel/item/service approved in original budget or a subsequent budget revision? 69 Are funds currently available for this personnel/item/service in the specified line item? If funds are not currently available in the specified line item, where are the funds available? 350.580.580.40000 Salaries & Wages Yes Yes n/a ### RESOLUTION #11-31 AUTHORIZING EXCEPTION TO THE COUNTY FINANCIAL POLICIES REGARDING PERSONNEL HIRING AND REPLACEMENT WHEREAS, the Kane County Animal Control Department is responsible for the enforcement of the Animal Control Ordinance of Kane County; and WHEREAS, current staffing levels for the shelter kennel, due to a staff member promotion to another position within the Department, have fallen below those needed to provide care to the animals in the shelter; and WHEREAS, the ability to utilize other staff to absorb additional responsibilities due to this vacated position is not sustainable; and WHEREAS, a non-exempt Kennel Assistant position with a starting salary in the range of $10.00 per hour, has been included in FY11 budget and therefore passage of this resolution does not require a budget amendment for fiscal year 2011; and 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 Health Department and the Administrator of the Kane County Animal Control Department have 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 carry out its mission. NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the Kane County Animal Control Department be allowed to hire a replacement to fill the Kennel Assistant vacancy within the Department. 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 specified line item? If funds are not currently available in the specified line item, where are the funds available? 290-500-500.40000 Salaries & Wages Yes Yes N/A ###

RESOLUTION #11-32 AUTHORIZING EXCEPTION TO THE COUNTY FINANCIAL POLICIES REGARDING PERSONNEL HIRING AND REPLACEMENT (KANECOMM) WHEREAS, the Kane County Board adopted Resolution 08-278, Implementation of County Financial Policies Regarding Personnel Hiring and Replacement; and WHEREAS, Resolution 08-278 specifically states: A moratorium on the hiring of new County personnel and the replacement of existing or future personnel vacancies is hereby adopted effective upon passage of this Resolution. No new personnel shall be hired unless specifically approved by the County Board ; and WHEREAS, the filling of this position has been included in the FY11 budget; and WHEREAS, the passage of this resolution does not require a budget amendment for fiscal year 2011. NOW, THEREFORE, BE IT RESOLVED by the Kane County Board, that KaneComm is hereby authorized to hire an Emergency Telecommunicator. ### RESOLUTION #11-33 CONTRACT WITH ATTORNEYS FOR TRIAL CASES WHEREAS, it is required by law that when the court determines the Public Defender would have a conflict of interest when representing certain indigent defendants, private counsel may be appointed to represent the defendants; and WHEREAS, it is determined to be economically advantageous to enter into a contract at a fixed sum for legal assistance in defending such cases. NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the Chief Judge of the Sixteenth Judicial Circuit is hereby authorized to contract with and appoint not less than two attorneys who are licensed to practice law in the State of Illinois to conduct trial work in felony, misdemeanor, and juvenile trial and juvenile appeal cases. BE IT FURTHER RESOLVED that the compensation for each attorney be based upon their prior experience as prior trial counsel. The monthly salaries for each attorney for the calendar year 2010 are as follows: one at Two Thousand Five Hundred Ninety Dollars ($2,590.00), one at Two Thousand Five Hundred Dollars ($2,500.00), and one at One Thousand Dollars ($1,000.00). BE IT FURTHER RESOLVED that there shall be an additional amount of Two Thousand Two Hundred Thirty Five Dollars ($2,235.00) available for trial expenses to be paid to each attorney during the contract period subject to the approval of the Chief Judge. BE IT ALSO FURTHER RESOLVED that the total of said contracts shall be paid from the General Fund 001, Department 240, Division 240, Line Item 50190 (Court Appointed Counsel Fees). 70

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/serv ice in the specified line item? If funds are not currently available in the specified line item, where are the funds available? 001-240-240-50190 Court Appointed Counsel Yes Yes N/A ### RESOLUTION #11-35 AUTHORIZING AN INTER-AGENCY MEMORANDUM OF UNDERSTANDING FOR THE 2011 KANE COUNTY COMMUNITY HEALTH ASSESSMENT AND COMMUNITY HEALTH ACTION PLAN WHEREAS, formal community health needs assessments, prioritization and action planning are required of certified local health departments in the state Illinois every five years (77 IL Admin Code 600.210) and are further recognized as part of the essential services of local public health departments by national public health authorities, such as the Public Health Accreditation Board; and WHEREAS, the Kane County Health Department has fulfilled this obligation since the inception of the Illinois requirement in 1994; and WHEREAS, Kane County Health Department last completed the assessment and planning cycle for local health department certification in 2006 and is due to conduct and complete this process in 2011; and WHEREAS, the five hospitals located in Kane County as well as the INC. Board NFP, a mental health 708 Board serving townships in southern Kane County have expressed their mutual interest in working collaboratively with the Kane County Health Department to better identify and understand the health-related community assets, needs and priorities of Kane County residents in the most comprehensive way possible by conducting a community health assessment; and WHEREAS, the parties seek to use the results of this community health assessment to then work collaboratively amongst themselves and with other interested parties in Kane County to improve the health and well-being of Kane County individuals, families, population groups and the community as a whole. NOW, THEREFORE, BE IT RESOLVED that the Chairman of the Kane County Board be, and hereby is, authorized to enter into the Interagency Memorandum of Understanding regarding a 2011 Kane County Community Health Assessment attached to this resolution. 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 specified line item? If funds are not currently available in the specified line item, where are the funds available? 350.580.580.40000 Salaries & Wages Yes Yes n/a ### 71

RESOLUTION #11-37 PURCHASE OF TWO (2) BODY AND EQUIPMENT PACKAGES INCLUDING INSTALLATION THEREOF ON TWO TANDEM AXLE TRUCKS KANE COUNTY DIVISION OF TRANSPORTATION WHEREAS, bids have been solicited and received for the purchase of two (2) custom built truck body and equipment packages for tandem axle trucks including installation thereof for Kane County Division of Transportation (hereinafter the equipment ); and WHEREAS, the low bid for said equipment including installation was $183,216.00 from Auto Truck Group of 1420 Brewster Creek Boulevard, Bartlett, IL 60103. NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the low bid for two (2) custom built truck body and equipment packages including installation thereof from Auto Truck Group is hereby accepted and that said equipment be purchased from Auto Truck Group for the amount of One Hundred Eighty Three Thousand Two Hundred Sixteen Dollars ($183,216.00) which shall be paid from County Highway Fund No. 300, Line Item #70070 (Automotive Equipment) and that the County Board Chairman is authorized to enter into an agreement for the purchase of said equipment at the above stated price. 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 specified line item? 300.520.520.70070 Automotive Equipment Yes Yes ### If funds are not currently available in the specified line item, where are the funds available? RESOLUTION #11-38 APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF KANE, THE CITY OF ST. CHARLES, THE ST. CHARLES PARK DISTRICT, AND THE FOREST PRESERVE DISTRICT OF KANE COUNTY TO PURSUE PUBLIC USE OF THE UNION PACIFIC RAILROAD S ST. CHARLES INDUSTRIAL LEAD SPUR LINE WHEREAS, the Illinois Constitution of 1970, Article VII, Section 10 and 5 ILCS 220/1 et seq. authorizes the County of Kane, the City of St. Charles, the St. Charles Park District, and the Forest Preserve District of Kane County, (each hereinafter collectively referred to as the Parties ) to cooperate in the performance of their respective duties and responsibilities by contract and other agreements; and WHEREAS, the Union Pacific Railroad Company (hereinafter the UP ) has filed a petition with the Surface Transportation Board to abandon and discontinue service on part of its railroad track commonly known as the St. Charles Industrial Lead, located from Milepost 35.13 to the end of the line at Milepost 38.3 (hereinafter referred to as the UP Parcel); and WHEREAS, the Parties mutually agree that the UP Parcel would be appropriate for recreation trail opportunities and utility service among other things and towards those ends, the Parties have filed a request, dated July 9, 2010, with the Surface Transportation Board for a Public Use Condition, as well as a Certificate or Notice of Interim Trail Use, regarding the UP Parcel; and 72