kane county board...2011/03/08 · county board minutes – march 8, 2011 124 the adjourned meeting...

Proceedings of the

KANE COUNTY BOARD

KANE COUNTY, ILLINOIS

MARCH 8, 2011

COUNTY BOARD MINUTES – March 8, 2011

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TABLE OF CONTENTS

COUNTY BOARD MEETING March 8, 2011 MINUTE APPROVAL February 8, 2011 .................................................................................................................... 124 PRESENTATIONS 4-H Government Day-Introduction of Students ....................................................................... 124 Res #11-46 Recognition of Volunteer Contributions Made During the County’s Response to the Blizzard of 2011 ...................................................................................................................... 125 Certificates of Recognition In Recognition of Volunteer Contributions Made by the Hampshire White Riders the County’s Response to the Blizzard of 2011-Hampshire White Riders ................................................... 126 In Recognition of Volunteer Contributions Made by the Office of Emergency Management During the County’s Response to the Blizzard of 2011 Office of Emergency Management ... 127 In Recognition of Volunteer Contributions Made by the Office of Emergency Management During the County’s Response to the Blizzard of 2011DuKane Snow Mobile Club ................ 127 ZONING PETITIONS #4258 ..................................................................................................................................... 128 #4259...................................................................................................................................... 129 RESOLUTIONS AND ORDINANCES #11-47 Mill Creek Special Service Area Landscape Maintenance ....................................... 131 #11-48 Professional Services Agreement (Homeless Management Information System) .... 131 #11-49 An Ordinance Establishing the Cheval DeSelle SSA 1-Venetian Way (or SSA No. SW-43) of Kane County, IL and the Levy of Taxes for the Purpose of Paying the Cost of Providing Special Service In and for Such Area ............................................ 132 #11-50 An Ordinance Establishing the Cheval De Selle SSA 2-Faireno Drive (or SSA No. SW-44) of Kane County, IL and the Levy of the Taxes for the Purpose of Paying the Cost of Providing Special Service in and for Such Area ............................................ 138 #11-51 An Ordinance Establishing the Savanna Lakes SSA (or SSA No. SW-42) of Kane County, IL and the Levy of Taxes for the Purpose of Paying the Cost of Providing Special Service in and for Such Area ........................................................................ 144 #11-52 An Ordinance Proposing the Establishment of the Exposition View SSA (or SSA No. SW-47) of Kane County, IL and the Levy of Taxes for the Purpose of Paying the Cost of Providing Special Service In and for Such Area ................................................... 151 #11-53 An Ordinance Proposing the Establishment of the Plank Road Estates (SSA No. SW- 45) of Kane County, IL and the Levy of Taxes for the Purpose of Paying the Cost of Providing Special Service In and for Such Area ....................................................... 160 #11-54 An Ordinance Proposing the Establishment of the West Highland Acres SSA (or SSA No. SW-46) of Kane County, IL and the Levy of Taxes for the Purpose of Paying the Cost of Providing Special Service In and for Such Area ........................................... 166 #11-55 Authorizing Exception to the County Financial Policies Regarding Personnel Hiring


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and Replacements (Recycling Coordinator Replacements) ..................................... 171 #11-56 Budget Adjustment-Offsetting the Reduction in 2011 RTA Funds, Kane County Sheriff’s Office .......................................................................................................... 172 #11-57 Amending the 2011 Fiscal Year Transportation Budget, KDOT, transportation Capital Fund ......................................................................................................................... 172 #11-58 Budget Adjustment for the Office of Emergency Management (NACCHO) .............. 173 #11-59 Authorizing Exception to the County Financial Policies regarding Personnel Hiring and Replacements (ITD) .................................................................................................. 174 #11-60 Budget Adjust. for the Office of Emergency Management (Citizens Corps Grant) ... 174 #11-61 Amendment to Fiscal Year 2011 Budget (Non-Ad Valorem Fees) ........................... 175 #11-62 Authorizing Exception to the County Financial Policies Regarding Personnel Hiring and Replacements (Business Services Representatives) ........................................ 175 #11-63 Accepting a Bid for Preparation and Collection of Kane County Property Taxes ..... 176 #11-64 Approving a Temporary Right-In/Right Out Access, Randall Road .......................... 177 #11-65 Approving an Intergovernmental Agreement with the State of Illinois for the Rural Sign Upgrade Program, Kane County Section No. 11-00000-00-SG ....................... 193 #11-66 Approving a Phase II Engineering Services Agreement with Wills Burke Kelsey Associates, Ltd. For South Street Bike Path Extension, Kane County Section No. 00- 00259-00-BT ............................................................................................................. 177 #11-67 Approving an Intergovernmental Agreement with the State of Illinois for Phase II Engineering ............................................................................................................. 178 #11-68 Approving a Phase III Engineering Services Agreement with Civiltech, Inc. for Orchard Road from Jericho Road to U.S. Route 30, Kane County Section No. 99- 00232-01-WR ........................................................................................................... 179 #11-69 Approving an Intergovernmental Agreement with the State of Illinois for Phase III Construction of Orchard Road from Jericho Road to U.S. Route 30, Kane County Section No. 99-00232-01-WR ................................................................................... 179 #11-70 Approving a Phase III Engineering Services Agreement with Cotter Consulting Inc. for the Big Timber Road over Pingree & Tyler Creek Bridge Replacement, Kane County Section No. 01-00266-00-BR ..................................................................................... 180 #11-71 Approving an Intergovernmental Agreement with the State of IL for Phase II Construction and Construction Engineering Services for the Big Timber Road over Pingree & Tyler Creek Bridge Replacement, Kane Co. Sec. No. 01-00266-00-BR . 181 #11-72 Approving a Phase III Engineering Services Agreement with TransSystems, Inc. for Randall Road at Fabyan Parkway, Kane County Section No. 01-00269-00-CH ....... 181 #11-73 Approving an Intergovernmental Agreement with the State of Illinois for Phase III Construction and Construction Engineering Services for Randall Road at Fabyan Parkway, Kane County Sec No. 01-00269-00-CH ................................................... 182 #11-74 Approving a Phase III Engineering Services Agreement with V3 Companies of Illinois, Ltd. For the Randall Road over Interstate 88 Bridge Rahbililtation Improvement, Kane County Section No. 08-00299-01-BR ...................................................................... 183 #11-75 Approving a Phase III Engineering Services Agreement with Bollinger, Lach & Associates, Inc. for the Silver Glen Road over Tributary of Otter Creek Bridge Replacement, Kane County Section No. 07-00362-00-BR ....................................... 183 #11-76 Approving and Extension to an Agreement with Midland Standard Engineering and Testing, Inc. for On-Call Material Testing Services, Kane County Section No.10- 00371-01-EG .......................................................................................................... 184 #11-77 Approving Contract for Construction, Randall Road and Huntley Road Signal


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Interconnect, Kane County Section No. 08-00379-00-TL ....................................... 185 #11-78 Approving Contract for Construction, Randall Road from Dean Street to Main Street Signal Interconnect, Kane County Section No. 09-00237-02-TL ............................ 186 #11-79 Approving Contract for Construction Burlington Road at Corron Road, Kane County Section No. 06-00354-00-CH .................................................................................. 186 #11-80 Approving Contract for Construction, 2011 Kane County Resurfacing Program, Kane County Section No. 11-00414-00-RS ...................................................................... 187 #11-81 Acquisition of Highway Right-of Way, Stearns Road Bridge Corridor-Stage 2a, Kane County Section No. 98-00214-02-BR, Parcel No. 1ST .............................................. 188 #11-82 Acquisition of Highway Right-of Way, Orchard Road, Parcel No. 0012, 0031 & 0031TE, Kane County Section No. 10-00232-00-WR, and Uneconomic Remnant Parcel ...................................................................................................................... 189 #11-83 Repealing Sec. 2-196 (a) of the Kane County Code and replacing it with a New Section 2-196(a)-Depositories for Funds of County Treasurer/Collector ................. 194 #11-84 Resolution Opposing a Certificate of Need for Project 10-090-(Centegra Hospital- Huntley, Kane County) RETURNED TO COMMITTEE ............................................ 198 SPEAKERS #11-84 Resolution Opposing a Certificate of Need for Project 10-090 (Centegra Hospital-Huntley, Kane County IL) ........................................................................................................ 198 APPOINTMENTS E-9-1-1 Telephone System Phone ....................................................................................... 200 EXECUTIVE SESSION .......................................................................................................... 201 ADJOURNMENT .................................................................................................................... 201 4-H MOCK DEBATE .............................................................................................................. 201


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The Adjourned Meeting of the Kane County Board was held at the Kane County Government Center, Geneva, IL 9:55 a.m. on Tuesday March 8, 2011, Chairman, Karen McConnaughay, John Cunningham, County Clerk. Roll call as follows: PRESENT: Allan, Auger, Castro, Collins, Davoust, Donahue, Ford, Frasz, Haley, Hurlbut, Kenyon, Kunkel, Lewis, Lindgren, Mihalec, Mitchell, Molina, Reyna, Silva, Smith, Taylor, Tredup, Van Cleave, Vazquez, Wojnicki: ABSENT: Hoscheit PRESENT: 25 ABSENT: 1 APPROVAL OF MINUTES Motion by Vazquez; seconded by Mihalec that minutes of the February 8, 2011 meeting be approved. Motion carried unanimously by voice vote to approve the minutes of the February 8, 2011 meeting. 4-H PRESENTATION 4-H Club Government Day- Chairman McConnaughay thanked Mike Kenyon and Barb Wojnicki for being the coordinators for this day. The County Board members introduced their 4-H member and to name their 4-H Club, school and the name of the county official they were following for the day. Chairman McConnaughay stated at the end of the meeting she would turn it over to the 4-H Club members for their MOCK DEBATE to discuss “childhood obesity”. The following list was provided by Doris Braddock, 4-H Community Worker from the University of IL Extension of Kane County.

2011 Government Day 4-H Members & Government Officials

Shadow Assignments

4-H’er Name Government Official Cathryn Augustine Phillip Lewis, County Board

Morgan Bollech Thomas Smith, County Board

Bram Borger-Johnson William Keck, Auditor

Elizabeth Bretscher Jackie Tredup, County Board

Joshua DeDina Joseph McMahon, State’s Attorney

Tyler Fabrizius (Ill, did not participate) Honorable Keith Brown

Brandon Goltermann Drew Frasz, County Board

Mike Gorenz Scott Hajek, Water Resources Manager


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Joe Gorenz Honorable T. Jordan Gallagher

Lisa Holmberg Margaret Auger, County Board

Leah Horton Ken Shepro, Special State’s Attorney – County

Board

Cassie Koukol Honorable Judith Brawka

Dani Lake Honorable Susan Clancy-Boles

Meghan Linder Michael Kenyon, County Board

Michael Long Sheriff Patrick Perez

Maddie Marucco Bonnie Lee Kunkel, County Board

Janine Martin Deborah Seyller, Circuit Clerk

Kristen McKellar Ann Lambert, Circuit Clerk’s Office

Matthew McKellar Michael Donahue, County Board

Mallory Mollenhauer Barbara Wojnicki, County Board

Tyler Ott Honorable James Murphy

Patrick Overmyer Honorable Mark Pheanis

Jordan Poradek Sandy Wegman, Recorder

Jessica Poust Melissa Taylor, County Board

Matheu Poust Jack Cunningham, County Clerk

Veronica Riva Karen McConnaughay, County Board

Carolyn Thompson Jennifer Baustian, Director of 911

Whitney Thompson Honorable Thomas Stanfa

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PRESENTATIONS RESOLUTION #11-46 Motion by Van Cleave, second by Mihalec that Resolution #11-46 be adopted. Resolution and Certificates of Recognition presented by Frasz, Smith and Mihalec.

RECOGNITION OF VOLUNTEER CONTRIBUTIONS MADE DURING THE COUNTY’S RESPONSE TO THE BLIZZARD OF 2011

WHEREAS, Kane County was the recipient of one of the most powerful winter storms in

history on February 1st and 2nd, 2011. Snowfall totaled 20.2 inches officially at Chicago’s O’Hare Airport, making it the third largest snowstorm on record; and

WHEREAS, 35 Volunteers from the Office of Emergency Management, Hampshire White Riders and Du-Kane Snow Mobile Club responded during the blizzard providing search & rescue services to over 50 stranded motorists, assisted with emergency shelter operations, and provided transportation for physicians who needed to reach the hospital along with stranded KaneComm telecommunicators; and


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WHEREAS, the volunteers, while battling 5-8 foot snow drifts, contending with total

whiteout conditions, and traversing roads that had disappeared under the extreme snow fall continued to provide these services for over 23 consecutive hours during the blizzard event; and

WHEREAS, at one point during the blizzard 66 people either found shelter or were transported to the BP service station on Route 72 at Route 47 to wait out the storm.

NOW, THEREFORE, BE IT RESOLVED that the Kane County Board hereby recognizes the significant contributions made by these volunteers in response to the Blizzard of 2011 and thanks them for their service to our communities.

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Motion carried unanimously by voice vote. RESOLUTION 11-46 IS ADOPTED.

CERTIFICATE OF RECOGNITION IN RECOGNITION OF VOLUNTEER CONTRIBUTIONS MADE BY THE

HAMPSHIRE WHITE RIDERS DURING THE COUNTY’S RESPONSE TO THE BLIZZARD OF 2011

WHEREAS, Kane County was the recipient of one of the most powerful winter storms in history on February 1st and 2nd, 2011. Snowfall totaled 20.2 inches officially at Chicago’s O’Hare Airport, making it the third largest snowstorm on record; and


WHEREAS, the volunteers, while battling 5-8 foot snow drifts, contending with total whiteout conditions, and traversing roads that had disappeared under the extreme snow fall continued to provide these services for over 23 consecutive hours during the blizzard event; and


NOW, THEREFORE, ON THIS 8TH DAY OF MARCH 2011, the Kane County Board recognizes the significant contributions made by these volunteers in response to the Blizzard of 2011 and thanks them for their service to our communities.

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OFFICE OF EMERGENCY MANAGEMENT DURING THE COUNTY’S RESPONSE TO THE BLIZZARD OF 2011






NOW, THEREFORE, ON THIS 8TH DAY OF MARCH 2011, the Kane County Board recognizes the significant contributions made by these volunteers in response to the Blizzard of 2011 and thanks them for their service to our communities.

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DU-KANE SNOW MOBILE CLUB DURING THE COUNTY’S RESPONSE TO THE BLIZZARD OF 2011





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WHEREAS, at one point during the blizzard 66 people either found shelter or were transported to the BP service station on Route 72 at Route 47 to wait out the storm. NOW, THEREFORE, ON THIS 8TH DAY OF MARCH 2011, the Kane County Board recognizes the significant contributions made by these volunteers in response to the Blizzard of 2011 and thanks them for their service to our communities.

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Chairman McConnaughay said that at a future Committee of the Whole meeting she will have Don Bryant Director, Kane County Emergency Management discuss the ongoing training for volunteers. PETITIONS PETITION #4258 Blackberry Township, Petitioner Rowe/Campbell Motion by Kenyon, second by Frasz that Petition #4258 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 F-1 District

Rural Residential:

Pcl 1: THAT PART OF THE NORTH HALF OF SECTION 18, TOWNSHIP 39 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 18; THENCE EASTERLY, ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER, 1323.49 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF SAID NORTHEAST QUARTER; THENCE SOUTHERLY, AT AN ANGLE OF 90°10'51", MEASURED COUNTERCLOCKWISE FROM SAID NORTH LINE, ALONG THE EAST LINE OF SAID WEST HALF, 1654.85 FEET TO THE CENTER LINE OF ROWE ROAD; THENCE SOUTHWESTERLY, AT AN ANGLE OF 106°09'55", MEASURED COUNTERCLOCKWISE FROM SAID EAST LINE, ALONG SAID CENTER LINE, 600.83 FEET; THENCE SOUTHWESTERLY, AT AN ANGLE OF 179°52'21", MEASURED CLOCKWISE FROM THE LAST DESCRIBED COURSE, ALONG SAID CENTER LINE, 347.25 FEET FOR A POINT OF BEGINNING; THENCE NORTHWESTERLY, AT AN ANGLE OF 88°21', MEASURED COUNTERCLOCKWISE FROM SAID CENTER LINE, 328.07 FEET; THENCE NORTHERLY, AT AN ANGLE OF 169°31'54", MEASURED COUNTERCLOCKWISE FROM THE LAST DESCRIBED COURSE, 614.26 FEET; THENCE NORTHWESTERLY, AT AN ANGLE OF 108°52'46", MEASURED CLOCKWISE FROM THE LAST DESCRIBED COURSE, 293.68 FEET;


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THENCE WESTERLY, AT AN ANGLE OF 167°26'25", MEASURED CLOCKWISE FROM THE LAST DESCRIBED COURSE, 705.05 FEET; THENCE SOUTHERLY, AT AN ANGLE OF 88°19'07", MEASURED CLOCKWISE FROM THE LAST DESCRIBED COURSE, 1485.92 FEET TO SAID CENTER LINE; THENCE NORTHEASTERLY, AT AN ANGLE OF 61°52'05", MEASURED CLOCKWISE FROM THE LAST DESCRIBED COURSE, ALONG SAID CENTER LINE, 571.17 FEET; THENCE NORTHEASTERLY, AT AN ANGLE OF 169°16'41", MEASURED COUNTERCLOCKWISE FROM THE LAST DESCRIBED COURSE, ALONG SAID CENTER LINE, 650.70 FEET TO THE POINT OF BEGINNING, ALL IN BLACKBERRY TOWNSHIP, KANE COUNTY, ILLINOIS. Pcl 2: THAT PART OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 39 NORTH, RANGE 7 EAST OF THE 3RD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 18; THENCE EASTERLY, ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER, 1323.49 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF SAID NORTHEAST QUARTER; THENCE SOUTHERLY, AT AN ANGLE OF 90°10'51", MEASURED COUNTERCLOCKWISE FROM SAID NORTH LINE, ALONG THE EAST LINE OF SAID WEST HALF, 1654.85 FEET TO THE CENTER LINE OF ROWE ROAD; THENCE SOUTHWESTERLY, AT AN ANGLE OF 106°09'55", MEASURED COUNTERCLOCKWISE FROM SAID EAST LINE, ALONG SAID CENTER LINE, 534.83 FEET FOR A POINT OF BEGINNING; THENCE CONTINUING SOUTHWESTERLY, ALONG SAID CENTER LINE, 66.00 FEET THENCE NORTHWESTERLY, AT AN ANGLE OF 86°00'40", MEASURED COUNTERCLOCKWISE FROM SAID CENTER LINE, 289.98 FEET; THENCE SOUTHWESTERLY, AT AN ANGLE OF 92°18'19", MEASURED CLOCKWISE FROM THE LAST DESCRIBED COURSE, 359.41 FEET; THENCE NORTHERLY, AT AN ANGLE OF 84°02'54", MEASURED COUNTERCLOCKWISE FROM THE LAST DESCRIBED COURSE, 614.26 FEET; THENCE SOUTHEASTERLY, AT AN ANGLE OF 71°07'14", MEASURED COUNTERCLOCKWISE FROM THE LAST DESCRIBED COURSE, 413.07 FEET; THENCE SOUTHEASTERLY, AT AN ANGLE OF 114°40'47", MEASURED COUNTERCLOCKWISE FROM THE LAST DESCRIBED COURSE, 720.00 FEET TO THE POINT OF BEGINNING, ALL IN BLACKBERRY TWP, 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 Mary Campbell and her attorney Charles Radovich were present to answer questions. No discussion. Motion carried unanimously by voice vote. PETITION # 4258 IS GRANTED. PETITION #4259 Kaneville Township, Petitioner Christine Baldridge, et ux Motion by Kenyon, second by Frasz that Petition #4259 be granted.


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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 F-1 District Rural Residential:

Pcl 1: Part of that part of the southeast quarter of section 22, township 39 north, range 6 east of the 3rd Principal Meridian described as follows: commencing at the corner of said Southeast Quarter, thence South 89˚46’43” West along the South line of said Southeast Quarter 29 feet to the Westerly right of way line of Dauberman Road for the Point of Beginning; thence continuing South 89˚52’43” West along said south line 953.55 feet; thence North 47˚11’52” East, 20.54 feet; thence North 53˚01’51” East, 494.81 feet, North 82˚14’13” East, 469.11 feet to the west right of way line of Dauberman Road; thence South 0˚44’30” West (measured South 1˚01’24” West) along the Westerly right of way of Dauberman Road, 346.16 feet to the point of beginning, in the Township of Kaneville, Kane County, Illinois.

Pcl 2: Part of that part of the southeast quarter of section 22, township 39 north, range 6 east of the 3rd Principal Meridian described as follows: commencing at the corner of said Southeast Quarter, thence south 89˚52’18” west (measured north 89˚46’43” West) along the South line of said Southeast Quarter 29.0 feet to the Westerly right of way line of Dauberman Road; thence North 0˚44’30” West (measured North 1˚01’24” West) along the Westerly right of way of Dauberman Road, 346.16 feet to the Point of Beginning; thence continuing north 0˚01’24” West) along the westerly right of way of Dauberman Road, 597.52 feet; thence South 51˚16’51” West, 283.26 feet; thence South 38˚43’09” East, 59.0 feet; thence South 47˚ 42’06” West, 342.57 feet; thence South 48˚03’16” West, 342.62 feet; thence South 47˚54’33” West, 301.82 feet; thence North 63˚01’51” East, 494.61 feet; thence North 82˚14’13” East, 469.11 feet to the Point of Beginning, in the Township of Kaneville, Kane County, Illinois.

2) That the rezoning be granted with the following stipulations: 1. The two proposed lots shall share a single access to Dauberman Road on the common lot

line. This shared access shall be formalized in a permanent shared access easement developed by the petitioner.

2. Any change to the access along Dauberman Road right-of-way will require a permit from the Kane County Division of Transportation.

3. Welch Creek shall be protected by a “Drainage & Conservation Easement.” 4. The Development shall comply with the Kane County Stormwater Management Ordinance.

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

4) This ordinance shall be in full force and effect from and after its passage and approved as provided by Law. No discussion. Roll Call as follows: AYES: Allan, Auger, Castro, Collins, Davoust, Donahue, Ford, Frasz, Haley, Hoscheit, Hurlbut, Kenyon, Lewis, Lindgren, Mihalec, Mitchell, Molina, Reyna, Silva, Smith, Taylor, Tredup, Van Cleave, Vazquez NAYES: Kunkel, Wojnicki ABSTAIN: None AYES: 23 NAYES: 2 ABSTAIN: 0 PETITION #4259 IS GRANTED. Kenyon explained to the 4-H Club what the Consent Agenda is and how the committees formulate the consent agenda that is voted upon at the county board meeting.


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CONSENT AGENDA

Chairman McConnaughay requested items to be considered separately. Items removed from Consent Agenda as follows: #11-65 by Smith. Motion by Castro seconded by Ford that the Consent Agenda (#11-47, #11-48, #11-49, #11-50, #11-51, #11-52, #11-53, #11-54, #11-55, #11-56, #11-57, #11-58, #11-59, #11-60, #11-61, #11-62, #11-63, #11-64, #11-66, #11-67, #11-68, #11-69, #11-70, #11-71, #11-72, #11-73, #11-74, #11-75, #11-76, #11-77, #11-78, #11-79, #11-80, #11-81, #11-82) be adopted. RESOLUTION #11-47

MILL CREEK SPECIAL SERVICE AREA LANDSCAPE MAINTENANCE

WHEREAS, Bids have been solicited and received for the landscape maintenance of selected areas of the Mill Creek Subdivision for the Mill Creek Special Service Area District; and WHEREAS, Ryco Landscaping of Lake-in-the-Hills, IL, was the lowest responsible bidder for providing maintenance at a cost of $35,656.000. NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the Chair thereof is authorized to enter into a contract with Ryco Landscaping of Lake-in-the-Hills, IL. for the landscape maintenance for selected areas of the Mill Creek Subdivision for the Mill Creek Special Service Area District at a cost of Thirty Five Thousand Six Hundred and Fifty Six Dollars ($35,656.00). Funding shall be paid from the Special Service Area Fund 520.690.730.52120.

Line Item Line Item Description Was personnel/item/service

approved in original budget or a subsequent

budget revision?

Are funds currently available for this

personnel/item/service in the specific line item?

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

funds available?

520.690.730.52120 Repair & Maintenance Grounds

Yes Yes n/a

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RESOLUTION #11-48

PROFESSIONAL SERVICE AGREEMENT (Homeless Management Information System)

WHEREAS, the Kane County Office of Community Reinvestment has need of professional

services to provide technical and administrative assistance under Kane County’s Homeless Management Information System (HMIS); and

WHEREAS, the Kane County Purchasing Department issued a REQUEST FOR PROPOSALS

(RFP), on January 11, 2011, with proposals due at 4:00 pm on January 26, 2011; and


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WHEREAS, one proposal was received from Software Support Systems, Inc., which has been

determined to be qualified to provide technical and administrative assistance for Kane County’s HMIS; and

WHEREAS, said proposal has also been determined to be cost-reasonable under Federal

procurement guidelines; and WHEREAS, the Office of Community Reinvestment has received 2010 SuperNOFA grant

funding in the amount of One Hundred Nine Thousand, Eight Hundred Fifty-three Dollars ($109,853) to costs associated with the HMIS for the Continuum of Care for Kane County; and

WHEREAS, the Office of Community Reinvestment wishes to renew its contract with Software

Support Systems, Inc. and enter into an agreement in an amount not to exceed Fifty-Three Thousand Six Hundred Forty Dollars ($53,640.00) paid at a rate of Fifty Dollars ($50.00) per hour for services delivered under this agreement for the period from April 1, 2011 to March 31, 2012. NOW, THEREFORE, BE IT RESOLVED that the Chairman of the Kane County Board is authorized to enter into an agreement with Software Support Systems, Inc. for an amount not exceed Fifty-Three Thousand Six Hundred Forty Dollars ($53,640.00) that shall be paid from the Office of Community Reinvestment account 404-690-714-50150 (Contracts/Consulting Services). Copies of all contracts are to be placed on file in the County Clerk’s office.

Line item Line Item Description Was personnel/item/service

approved in original budget or a

subsequent budget revision?


personnel/item/service in the specified line

item?

If funds are not currently available in the specified line

item, where are the funds available?

404-690-714-50150 Contracts/Consulting Services

Yes Yes N/A

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RESOLUTION #11-49 AN ORDINANCE ESTABLISHING THE

CHEVAL DE SELLE SPECIAL SERVICE AREA 1 – VENETIAN WAY (or SPECIAL SERVICE AREA NO. SW-43)

OF KANE COUNTY, ILLINOIS AND THE LEVY OF TAXES FOR THE PURPOSE OF PAYING THE COST

OF PROVIDING SPECIAL SERVICES IN AND FOR SUCH AREA

WHEREAS, Final Plats of subdivision were approved by the County of Kane, Illinois (the “County”), for the Cheval De Selle Subdivision Units 1 thru 4 with the Unit 1 plat being recorded on November 22, 1972 (Document No. 1247126) and the Unit 2 plat recorded on April 27, 1973 (Document No. 1262230) and the Unit 3 plat recorded on September 7, 1973 (Document No. 1277680) and the Unit 4 plat recorded on October 8, 1974 (Document No. 1310666; and

WHEREAS, storm water detention, storm sewers and drainage channels were constructed and

drainage easements recorded in accordance with the Kane County Ordinances at that time; and WHEREAS, the individual property owners, under Illinois Drainage Law, are obligated to

maintain the stormwater drainage systems and drainage easements within their individual properties. There is not, however, a Homeowner’s Association in place that would be able to coordinate the work


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and impose an assessment upon the owners for the overall maintenance and improvements of the stormwater drainage system; and

WHEREAS, Kane County has been working with the property owners to develop a plan to

construct a new storm sewer from the natural depression north of Venetian Way to the north to a rear lot on Faireno Drive and connecting to an existing 48” diameter concrete pipe that was originally constructed by the Developer and intended to drain the depression. In addition, the project includes flushing and clean the 48” storm sewer. Through a series of meetings with the residents, it has been determined that an SSA for the purpose of funding the property owners’ share of the construction of the storm water system and funding long term maintenance of the stormwater improvements that serve the Area is an equitable means to distribute costs for construction and long term maintenance fees; and

WHEREAS, pursuant to the provisions of Article VII, Section 7, Part (6) of the 1970 Constitution

of the State of Illinois (the “Constitution”), the County of Kane is authorized to create special service areas in and for the unincorporated areas of the County; and

WHEREAS, pursuant to the “Special Service Area Tax Law”, 35 ILCS 200/27-5, et seq. (2003),

the County is authorized to levy and impose taxes upon property within special service areas for the provision of special services to those areas and for the payment of debt incurred in order to provide those services; and

WHEREAS, it is in the public interest that the establishment of the area hereinafter described as

a special service area for the purposes set forth herein and to be designated as the Cheval De Selle Special Service Area 1 – Venetian Way (or Special Service Area No. SW-43), of the County; and

WHEREAS, the Area is contiguous and totally within the boundaries of the unincorporated area

of the County; and WHEREAS, the purpose of establishing the Area is to provide certain special governmental

services (the “Services”) to the Area, which are unique and in addition to the services generally provided to the County as a whole. The Long Term Maintenance Services to be provided may include, but are not limited to the following: the operation, maintenance, repair, rehabilitation, replacement and reconstruction of any storm water detention and/or retention area, drainageway, ditch, swale, storm sewer or other stormwater facility; costs of design, engineering and other consulting services, surveying and permits, public liability insurance, and all administrative, legal and other costs or expenses incurred in connection therewith and with the administration of the Area, including the repayment of any loan or debt incurred for the provision of any of such Services. Drainage facilities eligible for Long Term Maintenance Services shall include the Drainage Easement Areas located within the SSA boundary, the drainage easement over the existing 48” storm sewer, the new Venetian Way storm sewer and road rights of way within the boundary of the SSA. Long Term Maintenance funds may be applied to repairs and replacement of the existing agricultural drain tile from the Venetian depression as located by Huddleston McBride Drainage Company with concurrence from the resident committee on private property or within road rights of way (prescriptive easement rights). The Long Term Maintenance Maximum Levy schedule is attached as Exhibit A. The maximum long term maintenance levy amount shall increase each year the Special Service Area is active by 1% to account for inflation; and

WHEREAS, it is in the interest of both the County and the property owners in the Area to utilize

the Long Term Maintenance Services portion of the Special Service Area as a tool to maintain and improve the storm water conveyance systems such that the life of such systems is maximized and the goal of such systems for groundwater control and flood protection is achieved; and


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WHEREAS, the property owners shall elect a drainage committee consisting of several property owners from the Area and the committee shall work directly with the County on Long Term Maintenance Services; and

WHEREAS, a Construction Project is also to be built and funded, by the SSA. The Construction

Project is defined specifically as the construction of a storm sewer from the depression north of Venetian Way, across Chateaugay Lane and connecting to the existing 48” diameter storm sewer. In addition, the existing 48” diameter storm sewer will be cleaned and jetted to remove accumulated debris. The project will be funded 50% by Kane County Cost Share and 50% by the homeowners. The homeowner share of the construction cost is estimated at $47,344.00 plus the non ad valorem special service area fee per Resolution 09-232 of $400. Financing for the project will be applied for through the County’s Recovery Bond Loan Program for which an interest rate of 3% has been estimated. If the low bid for the work is less than $94,688.00, the property owners’ and County’s share will be reduced accordingly to reflect the actual construction amount (base bid plus any change orders plus the non ad valorem set up fee and actual interest rate to be determined when bonds are sold). This sum shall be collected over a 10 year period after which time the Construction Project levy shall expire. Equal payments shall be made each year by the property owners in accordance with Exhibit A for the 10 year period. In exchange for a suitable permanent easement for construction, the three properties indicated on Exhibit A will have the construction levy for their properties reduced to zero. The cost-sharing arrangement is subject to approval by the Development Committee and the Cost-Share amount is subject to approval as part of the 2011 budget. In addition, the loan for the resident’s portion and Campton Township Highway’s portion (cleaning of Faireno Drive channel and re-setting of culverts not included in costs above) of the project is subject to approval of the Recovery Bond Loan Program by the County Board and approval of Cheval De Selle’s application for the loan. If any of these items are denied or funding sources are unavailable for these or any other reasons, the passage of the SSA by the County Board does not obligate Kane County to move forward with the project; and

WHEREAS, it is in the public interest that the levy of a non ad valorem annual tax upon all

taxable property within the Area be considered for the purpose of paying the cost of providing the Services; and

WHEREAS, the revenue from such tax shall be used solely for Services for which the County is

authorized under law to levy taxes or special assessments or to appropriate funds of the County, all of the Services to be in and for the Area. Approval of this SSA document subsequently provides for access to the drainage easements as shown on Cheval De Selle Unit 1 thru 4 plats of subdivision by the County within the SSA area, it successor and assignees for the purposes describe above; and

WHEREAS, said tax shall be levied upon all taxable property within the Area for Long Term

Maintenance Services for an indefinite period of time beginning for the year 2011, in an amount sufficient to produce revenues required to provide the Services, and such amount shall not exceed the amount as shown on Exhibit A plus 1% for each year the SSA is active and shall be in addition to all other taxes permitted by law; and

WHEREAS, said tax shall be levied upon all taxable property within the Area for the

Construction Project for 10 years beginning for the year the loan is recieved, in an amount sufficient to produce revenues required to provide the Services, and such amount shall not exceed the amount as shown on Exhibit A and shall be in addition to all other taxes permitted by law; and

WHEREAS, the establishment of the Area was proposed by the Board of the County of Kane

(the “County Board”) pursuant to Ordinance No. 10-255, entitled:


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PROPOSING THE ESTABLISHMENT OF THE CHEVAL DE SELLE AREA 1 – VENETIAN WAY (or SPECIAL SERVICE AREA NO. SW-43) OF KANE COUNTY, ILLINOIS AND THE LEVY OF TAXES FOR THE PURPOSE OF PAYING THE COST OF PROVIDING SPECIAL SERVICES IN AND FOR SUCH AREA

(the “Proposing Ordinance”), duly adopted and was considered at a public hearing (the “Hearing”) held by the County Board on October 12, 2010; and

WHEREAS, notice of the Hearing was given by publication at least once not less than 15 days

prior to the Hearing in the Kane County Chronicle, the same being a newspaper of general circulation within the County (a copy of the notice and affidavit of publication is on file with the County Clerk as Exhibit B and is incorporated herein); and

WHEREAS, mailed notice of the Hearing was given by depositing notice in the United States

Mail, not less than 10 days prior to the time set for the Hearing, addressed to the person or persons in whose name the general taxes for the last preceding year were paid on each lot, block, tract or parcel of land lying within the Area, and in the event taxes for the last preceding year were not paid, the notice was sent to the person or persons last listed on the tax rolls prior to that year as the owner or owners of said property (a copy of the notice and the affidavit of mailing is on file with the County Clerk as Exhibit C and is incorporated herein); and

WHEREAS, at the Hearing, all interested persons, including persons owning taxable real

property located within the Area, were given the opportunity to be heard regarding any issue embodied within the notice, including the establishment of the Area and the levy of taxes, and to file with the County Clerk written objections to the same (a copy of the transcript of the hearing [and the written objections, if any,] are on file with the County Clerk as Exhibit D); and

WHEREAS, on December 9, 2010, the Kane County Clerk received a petition objecting to the

SSA signed by a representative of 43% of the properties within the SSA which failed to meet the majority requirement set forth in “Special Service Area Tax Law”, 35 ILCS 200/27-5, et seq. (2003) of property owners and electors signatures; and

WHEREAS, the County Board does hereby determine that it is in the public interest and in the

interest of the County and the Area that the Area be established and the taxes described herein be levied;

NOW, THEREFORE, BE IT ORDAINED by the County Board of the County of Kane, Illinois, as follows: §1. Incorporation of preambles The preambles of this ordinance are hereby incorporated into this text as if set out herein in full. §2. Final adjournment of Hearing The Hearing was finally adjourned on October 12, 2010. §3. Establishment of Area (a) The Cheval De Selle Special Service Area No 1 Venetian Way (or Special Service Area No. SW-43) of Kane County, Illinois is hereby established in and for the County and shall consist of the territory legally described in Exhibit D on file with the County Clerk and made a part hereof. §4. Purpose of the establishing the Area


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The purpose of establishing the Area is to provide the Services to the Area, which Services are unique and in addition to the services generally provided to the County as a whole. The Services to be provided may include, but are not limited to, the following: the operation, maintenance, repair, rehabilitation, replacement and reconstruction of any storm water detention and/or retention area, drainageway, ditch, swale, storm sewer or other stormwater facility; costs of design, engineering and other consulting services, surveying and permits, public liability insurance, and all administrative, legal and other costs or expenses incurred in connection therewith and with the administration of the Area, including the repayment of any loan or debt incurred for the provision of any of such Services, all of the Services to be in and for the Area. §5. Tax Levy The cost of the Services shall be paid by the revenue from the levy of a direct annual tax upon all taxable property within the Area for an indefinite period of time beginning the year the loan is received and shall be as described in the SSA document, and shall be in addition to all other taxes permitted by law. §6. Filing The County Clerk is hereby directed to file and record a certified copy of this ordinance, including a description of the territory and an accurate map of the Area, in the office of the Kane County Clerk and in the office of the Kane County Recorder within 60 days after its adoption and approval. §7. Repealer All ordinances, orders and resolutions and parts thereof in conflict herewith be and the same are hereby repealed, and this ordinance be in full force and effect forthwith upon its adoption.


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RESOLUTION #11-50 AN ORDINANCE ESTABLISHING THE

CHEVAL DE SELLE SPECIAL SERVICE AREA 2 – FAIRENO DRIVE (OR SPECIAL SERVICE AREA NO. SW-44)



WHEREAS, Final Plats of subdivision were approved by the County of Kane, Illinois (the “County”), for the Cheval De Selle Subdivision Units 1 thru 4 with the Unit 1 plat being recorded on November 22, 1972 (Document No. 1247126) and the Unit 2 plat recorded on April 27, 1973


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(Document No. 1262230) and the Unit 3 plat recorded on September 7, 1973 (Document No. 1277680) and the Unit 4 plat recorded on October 8, 1974 (Document No. 1310666); and

WHEREAS, storm water detention, storm sewers and drainage channels were constructed and

drainage easements recorded in accordance with the Kane County Ordinances at that time; and WHEREAS, the individual property owners, under Illinois Drainage Law, are obligated to

maintain the stormwater drainage systems and drainage easements within their individual properties. There is not, however, a Homeowner’s Association in place that would be able to coordinate the work and impose an assessment upon the owners for the overall maintenance and improvements of the stormwater drainage system; and

WHEREAS, pursuant to the provisions of Article VII, Section 7, Part (6) of the 1970 Constitution of the State of Illinois (the “Constitution”), the County of Kane is authorized to create special service areas in and for the unincorporated areas of the County; and




a special service area for the purposes set forth herein and to be designated as the Cheval De Selle Special Service Area 2– Faireno Dr. (or Special Service Area No. SW-44), of the County; and



services (the “Services”) to the Area, which are unique and in addition to the services generally provided to the County as a whole. These services may include, but are not limited to the following: the operation, maintenance, repair, rehabilitation, replacement and reconstruction of any storm water detention and/or retention area, drainageway, ditch, swale, storm sewer or other stormwater facility; costs of design, engineering and other consulting services, surveying and permits, public liability insurance, and all administrative, legal and other costs or expenses incurred in connection therewith and with the administration of the Area, including the repayment of any loan or debt incurred for the provision of any of such Services. Drainage facilities eligible for Services shall include the Drainage Easement Areas located within the SSA boundary, the drainage easement over the existing 48” storm sewer, and road rights of way within the boundary of the SSA; and




authorized under law to levy taxes or special assessments or to appropriate funds of the County, all of the Services to be in and for the Area. Approval of this SSA document subsequently provides for access to the drainage easements as shown on Cheval De Selle Unit 1 thru 4 plats of subdivision by the County that fall within the Area, it successor and assignees for the purposes describe above; and

WHEREAS, the establishment of the Area was proposed by the Board of the County of Kane (the “County Board”) pursuant to Ordinance No. 10-256, entitled:


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PROPOSING THE ESTABLISHMENT OF THE CHEVAL DE SELLE AREA 2 – FAIRENO DRIVE (or SPECIAL SERVICE AREA NO. SW-44) OF KANE COUNTY, ILLINOIS AND THE LEVY OF TAXES FOR THE PURPOSE OF PAYING THE COST OF PROVIDING SPECIAL SERVICES IN AND FOR SUCH AREA


WHEREAS, notice of the Hearing was given by publication at least once not less than 15 days

prior to the Hearing in the Kane County Chronicle, the same being a newspaper of general circulation within the County (a copy of the notice and affidavit of publication is on file with the County Clerk as Exhibit A and is incorporated herein); and

WHEREAS, mailed notice of the Hearing was given by depositing notice in the United States

Mail, not less than 10 days prior to the time set for the Hearing, addressed to the person or persons in whose name the general taxes for the last preceding year were paid on each lot, block, tract or parcel of land lying within the Area, and in the event taxes for the last preceding year were not paid, the notice was sent to the person or persons last listed on the tax rolls prior to that year as the owner or owners of said property (a copy of the notice and the affidavit of mailing is on file with the County Clerk as Exhibit B and is incorporated herein); and

WHEREAS, at the Hearing, all interested persons, including persons owning taxable real

property located within the Area, were given the opportunity to be heard regarding any issue embodied within the notice, including the establishment of the Area and the levy of taxes, and to file with the County Clerk written objections to the same (a copy of the transcript of the hearing [and the written objections, if any,] are on file with the County Clerk as Exhibit C); and

WHEREAS, on December 9, 2010, the Kane County Clerk received a petition objecting to the

SSA signed by a representative of 78% of the properties within the SSA but failing to meet the majority requirement set forth in “Special Service Area Tax Law”, 35 ILCS 200/27-5, et seq. (2003) of property owners and electors signatures; and

WHEREAS, the County Board recognizes the importance of providing a funding tool for

stormwater improvements for the Cheval De Selle – Faireno SSA for future needs that may arise from the area but understands that the area does not support moving forward with a project at this time.

NOW, THEREFORE, BE IT ORDAINED by the County Board of the County of Kane, Illinois, as

follows: §1. Incorporation of preambles The preambles of this Ordinance are hereby incorporated into this text as if set out herein in full as the findings of the County Board. §2. Final adjournment of Hearing The Hearing was adjourned on October 12, 2010 §3. Establishment of Area (a) The Cheval De Selle Special Service Area 2 Faireno Drive (or Special Service Area No. SW-44) of Kane County, Illinois is hereby established in and for the County and shall consist of the territory legally described in Exhibit D on file with the County Clerk and made a part hereof.


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§4. Purpose of the establishing the Area The purpose of establishing the Area is to provide the Services to the Area, which Services are unique and in addition to the services generally provided to the County as a whole. The Services to be provided may include, but are not limited to, the following: the operation, maintenance, repair, rehabilitation, replacement and reconstruction of any storm water detention and/or retention area, drainageway, ditch, swale, storm sewer or other stormwater facility; costs of design, engineering and other consulting services, surveying and permits, public liability insurance, and all administrative, legal and other costs or expenses incurred in connection therewith and with the administration of the Area, including the repayment of any loan or debt incurred for the provision of any of such Services, all of the Services to be in and for the Area. §5. Tax Levy A levy of taxes for Construction shall not to exceed the amounts shown on Exhibit A for a maximum period of 10 years. A levy of taxes for Maintenance shall be perpetual with the maximum levy amount as shown in Exhibit A for the first year the tax is levied. The Maintenance levy is then subject to a 1% annual increase thereafter. A Construction and/or Maintenance Levy may occur notwithstanding the forgoing: A tax shall not be levied upon any properties within the SSA unless all of the following conditions are met:

a. The Kane County Water Resources Division must receive a written request by a property owner within the SSA in investigate a specific drainage issue.

b. Upon completing a preliminary staff-only investigation of the drainage issue, the Kane County Water Resources Division will conduct a public meeting for which all property owners within the Special Service Area will be notified a minimum of 2 weeks in advance to present findings of the preliminary investigation.

c. Based upon the information gathered during the preliminary investigation by staff, Kane County Water Resource Division may recommend hiring an engineer, tile expert, contractor or other professional. An estimate of cost and any cost-share or grants that may be available will be presented to the property owners for consideration.

d. A petition in support of the levy of taxes over the SSA for the purpose of funding engineering, investigation or contractor services for all or a portion of the project must be received by Kane County within 60 days following the meeting for the project. The petition must be signed by the majority of properties within the SSA (each property is entitled to one vote and the petition must be signed by a person listed on the deed for the property they are representing). The petition must define the services requested and how the levy is to be spread (maintenance or construction levy)

e. If a validated petition is received in support of the project, the cost of the Services shall be paid by the revenue from the levy of a direct annual tax upon all taxable property within the Area for a period of time beginning the first tax year following the initiation of the services and continuing until the cost of services including interest (loan agreement) and set up fee is paid in full as described in the SSA document, and shall be in addition to all other taxes permitted by law. If a property is subject to a maintenance levy in both the Cheval De Selle SSA 1 – Venetian SW-43 and Cheval De Selle SSA 2 – Faireno SW-44, the total combined maintenance levy for the property for any year shall not exceed the greater maintenance levy of either SSA for a single property within the greater SSA.

§6. Filing The County Clerk is hereby directed to file and record a certified copy of this ordinance, including a description of the territory and an accurate map of the Area, in the office of the Kane County Clerk and in the office of the Kane County Recorder within 60 days after its adoption and approval.


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§7. Repealer All ordinances, orders and resolutions and parts thereof in conflict herewith be and the same are hereby repealed, and this ordinance be in full force and effect forthwith upon its adoption.


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RESOLUTION #11-51

AN ORDINANCE ESTABLISHING THE SAVANNA LAKES SPECIAL SERVICE AREA (OR SPECIAL SERVICE AREA NO. SW-42)



WHEREAS, a Final Plat of subdivision was approved by the County of Kane, Illinois (the “County”), for the Savanna Lakes Subdivision and was recorded on April 14, 1989 (Document No. 1967892); and


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WHEREAS, a drain tile, drainage channels and other drainage improvements were

constructed in accordance with the Kane County Ordinances at that time; and WHEREAS, the individual property owners, under Illinois Drainage Law, are obligated to

maintain the stormwater drainage systems and drainage easements within their individual properties. While there exists a Homeowner’s Association (Declaration of Protective Covenants 98K071607) in place for the maintenance of the ponds on lots 24 & 25 as well as the entrance monuments off Nolan Road, no authority exists for the HOA to collect dues for the maintenance of the storm water systems off of the public right of way; and

WHEREAS, Kane County has been working with the property owners to develop a plan

to replace the existing drain tile located in an easement south of Savanna Lakes Road. Through a series of meetings with the residents, the HOA has determined that it is in their best interest to utilize existing dues collected by the HOA to replace said drain tile south of Savanna Lakes Rd. with a modern drainage pipe and manholes that will be maintainable in the future using financing for construction through the Kane County Recovery Bond Loan program. This SSA is being proposed as the financial backing for the loan and to provide for a long term means by which the storm drainage in the subdivision could be maintained should the HOA dissolve in the future or if it becomes necessary to replace, improve or construct additional drainage improvements; and

WHEREAS, the HOA may utilize existing dues to payback the loan or request, at any

time, that the SSA be activated to make payments on the loan at which time a yearly levy equal to the annual amount of the loan payment will be approved by the County Board annually until such time as the loan is repaid in full. The HOA will be expected to make any loan payments that come due between the time of their request and the time at which the County receives the first levy. Likewise, if the HOA defaults on the loan payment, a yearly levy on the SSA will be approved by the County Board to make the annual payments on the loan until such time as the loan is repaid in full. This will include any additional interest resulting from any missed payments by the HOA; and

WHEREAS, pursuant to the provisions of Article VII, Section 7, Part (6) of the 1970

Constitution of the State of Illinois (the “Constitution”), the County of Kane is authorized to create special service areas in and for the unincorporated areas of the County; and

WHEREAS, pursuant to the “Special Service Area Tax Law”, 35 ILCS 200/27-5, et seq.

(2003), the County is authorized to levy and impose taxes upon property within special service areas for the provision of special services to those areas and for the payment of debt incurred in order to provide those services; and

WHEREAS, it is in the public interest that the establishment of the area hereinafter

described as a special service area for the purposes set forth herein and to be designated as the Savanna Lakes Special Service Area (or Special Service Area No. SW-42), of the County; and

WHEREAS, the Area is contiguous and totally within the boundaries of the

unincorporated area of the County; and


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WHEREAS, the purpose of establishing the Area is to provide certain special

governmental services (the “Services”) to the Area, which are unique and in addition to the services generally provided to the County as a whole. The Long Term Maintenance Services to be provided may include, but are not limited to the following: the operation, maintenance, repair, rehabilitation, replacement and reconstruction of any storm water detention and/or retention area, drainageway, ditch, swale, storm sewer or other stormwater facility; management, water quality improvements, aeration systems, landscaping, shoreline restoration, dredging, outlet repair and construction of the open space and ponds located on Lots 24 and 25; costs of design, engineering and other consulting services, surveying and permits, public liability insurance, and all administrative, legal and other costs or expenses incurred in connection therewith and with the administration of the Area, including the repayment of any loan or debt incurred for the provision of any of such Services. The Long Term Maintenance Maximum Levy amount is $250.00 per lot per year excluding open space lots 24 and 25. The maximum long term maintenance levy amount shall increase each year the Special Service Area is active by 1% to account for inflation and shall be available indefinitely; and

WHEREAS, it is in the interest of both the County and the property owners in the Area

to utilize the Long Term Maintenance Services portion of the Special Service Area as a tool to maintain and improve the storm water conveyance systems such that the life of such systems is maximized and the goal of such systems for groundwater control and flood protection is achieved; and

WHEREAS, a Construction Project is to be built through the County’s Recovery Bond Loan Program for Water Related Infrastructure Projects. The loan program outlines a 10 year term at a projected 3% interest rate. The Construction Project is defined as the replacement of the existing tile that runs from the termination of Savanna Lakes Drive in an easement south of the right of way to the Savanna Lakes pond on Lot 25. The proposed pipe will be relocated to the right of way under the road side ditch with concurrence from the Elgin Township Road Commissioner. It is noted that although the new pipe will be located in the right-of-way, the long term maintenance of the pipe will remain the responsibility of the 23 lots owners within the Savanna Lakes subdivision (excluding open space lots 24 & 25). The homeowner share of the construction cost is estimated at $25,000 plus the non ad valorem special service area fee per Resolution 09-232 of $400 and interest calculated at 3%. The Elgin Township Road District will be providing funds for the section of pipe within the ROW of Cross Creek Court and Kane County Cost Share is being requested for 1/3 of the total project cost. If the low bid for the work (as defined above), once the Cross Creek ROW work is deducted and the Cost Share amount is deducted results in a property owner share of less than $25,000, the property owners’ share will be reduced to reflect the actual construction amount (base bid plus any change orders plus the non ad valorem set up fee plus interest rate on the loan). This sum shall be collected over a 10 year period after which time the Construction Project levy shall expire. Equal payments shall be made each year by the property owners in accordance with Exhibit A for the 10 year period. The cost-sharing arrangement for this project is subject to approval by the Development Committee and the Cost-Share amount is subject to approval as part of the 2011 budget. In addition, the loan for the resident’s portion of the project is subject to approval of the Recovery Bond Loan Program by the County Board and approval of Savanna Lakes’ application for the loan. If any of these items are denied or funding sources


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are unavailable for these or any other reasons, the passage of the SSA by the County Board does not obligate Kane County to move forward with the project; and;

WHEREAS, it is in the public interest that the levy of a non ad valorem annual tax upon

all taxable property within the Area be considered for the purpose of paying the cost of providing the Services; and

WHEREAS, the revenue from such tax shall be used solely for Services for which the

County is authorized under law to levy taxes or special assessments or to appropriate funds of the County, all of the Services to be in and for the Area; and

WHEREAS, said tax for Long Term Maintenance Services shall be available for an

indefinite period of time in an amount sufficient to produce revenues required to provide the Services, and such amount shall not exceed the amount as shown on page 2 plus 1% for each year the SSA is active and shall be in addition to all other taxes permitted by law; and


Construction Project for 10 years beginning for the tax year that coincides with the first loan payment, in an amount sufficient to produce revenues required to provide the Services, and such amount shall not exceed the amount as shown on Exhibit A and shall be in addition to all other taxes permitted by law at the request of the HOA or as a result of a default of the loan agreement as defined above; and

WHEREAS, the establishment of the Area was proposed by the Board of the County of

Kane (the “County Board”) pursuant to Ordinance No. 10-254, entitled:

PROPOSING THE ESTABLISHMENT OF THE SAVANNA LAKES SPECIAL SERVICE AREA (or SPECIAL SERVICE AREA NO. SW-42) OF KANE COUNTY, ILLINOIS AND THE LEVY OF TAXES FOR THE PURPOSE OF PAYING THE COST OF PROVIDING SPECIAL SERVICES IN AND FOR SUCH AREA


WHEREAS, notice of the Hearing was given by publication at least once not less than

15 days prior to the Hearing in the Kane County Chronicle, the same being a newspaper of general circulation within the County (a copy of the notice and affidavit of publication is on file with the County Clerk as Exhibit B and is incorporated herein); and

WHEREAS, mailed notice of the Hearing was given by depositing notice in the United

States Mail, not less than 10 days prior to the time set for the Hearing, addressed to the person or persons in whose name the general taxes for the last preceding year were paid on each lot, block, tract or parcel of land lying within the Area, and in the event taxes for the last preceding year were not paid, the notice was sent to the person or persons last listed on the tax rolls prior to that year as the owner or owners of said property (a copy of the notice and the affidavit of mailing is on file with the County Clerk as Exhibit C and is incorporated herein); and


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WHEREAS, at the Hearing, all interested persons, including persons owning taxable real property located within the Area, were given the opportunity to be heard regarding any issue embodied within the notice, including the establishment of the Area and the levy of taxes, and to file with the County Clerk written objections to the same (a copy of the transcript of the hearing [and the written objections, if any,] are on file with the County Clerk as Exhibit D); and

WHEREAS, the County Board does hereby determine that it is in the public interest and

in the interest of the County and the Area that the Area be established and the taxes described herein be levied;

NOW, THEREFORE, BE IT ORDAINED by the County Board of the County of Kane,

Illinois, as follows: §1. Incorporation of preambles The preambles of this ordinance are hereby incorporated into this text as if set out herein in full. §2. Final adjournment of Hearing The Hearing was finally adjourned on October 12, 2010. §3. Establishment of Area (a) The Savanna Lakes Special Service Area (or Special Service Area No. SW-42) of Kane County, Illinois is hereby established in and for the County and shall consist of the territory legally described in Exhibit E on file with the County Clerk and made a part hereof. §4. Purpose of the establishing the Area The purpose of establishing the Area is to provide the Services to the Area, which Services are unique and in addition to the services generally provided to the County as a whole. The Services to be provided may include, but are not limited to, the following: the operation, maintenance, repair, rehabilitation, replacement and reconstruction of any storm water detention and/or retention area, drainageway, ditch, swale, storm sewer or other stormwater facility; costs of design, engineering and other consulting services, surveying and permits, public liability insurance, and all administrative, legal and other costs or expenses incurred in connection therewith and with the administration of the Area, including the repayment of any loan or debt incurred for the provision of any of such Services, all of the Services to be in and for the Area. §5. Tax Levy The cost of the Services shall be paid by the revenue from the levy of a direct annual tax upon all taxable property within the Area for an indefinite period of time beginning for the 2010 tax bill (payable in 2011) and shall be as described in the SSA document, and shall be in addition to all other taxes permitted by law. §6. Filing The County Clerk is hereby directed to file and record a certified copy of this ordinance, including a description of the territory and an accurate map of the Area, in the office of the Kane County Clerk and in the office of the Kane County Recorder within 60 days after its adoption and approval.


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§7. Repealer All ordinances, orders and resolutions and parts thereof in conflict herewith be and the same are hereby repealed, and this ordinance be in full force and effect forthwith upon its adoption.

EXHIBIT A

SAVANNA LAKES SPECIAL SERVICE AREA (SW-42)

CONSTRUCTION LEVY AMOUNT** Property Owners Portion of Construction Costs $25,000.00 Non-Ad Valorem Set Up Fee $400.00 Total Construction Amount $25,400.00 Years Financed (at 3%) 10 TOTAL YEARLY CONSTRUCTION PAYMENT $2978.15 LOTS INCLUDED IN THE SSA Number of Platted Lots in SAVANNA LAKES 25 Number of Open Space parcels 2 Net Lots subject to Levy 23 SSA CONSTRUCTION LEVY AMOUNTS PER LOT CALCULATION * MAXIMUM LEVY PER LOT YEAR ONE $129.48 YEAR TWO $129.48 YEAR THREE $129.48 YEAR FOUR $129.48 YEAR FIVE $129.48 YEAR SIX $129.48 YEAR SEVEN $129.48 YEAR EIGHT $129.48 YEAR NINE $129.48 YEAR TEN $129.48 YEAR ELEVEN $ 0.00 *Calculation assumes HOA defaults on loan or requests that loan be paid back through SSA. If HOA pays back loan through annual dues, levy will be zero. **Per the SSA Ordinance, the maximum long term maintenance levy may be activated if requested by the HOA or if necessary due to failure by the HOA to maintain the storm water infrastructure. Long term maintenance levy is available indefinitely at a maximum levy amount of $250.00 per lot per year plus an increase of 1% per year for each year the SSA is active. ***It is the intent of the property owners in the SSA to utilize this SSA in the same manner as a Homeowners’ Association would collect dues for maintenance of their ponds. For this reason, it was felt that because the storm water infrastructure was installed as part of the original subdivision, it is because of this infrastructure that the platted lots in the subdivision were


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approved and therefore, the cost of construction and maintenance of the infrastructure should be equally distributed across the 23 lots in the subdivision (excluding lots 24 & 25 which are open space lots).

PIN

ANNUAL CONSTRUCTION

LEVY

06‐30‐351‐001 $129.48

06‐30‐351‐002 $129.48

06‐30‐351‐003 $129.48

06‐30‐351‐004 $129.48

06‐30‐351‐005 $129.48

06‐30‐351‐006 $129.48

06‐30‐351‐007 $129.48

06‐30‐351‐008 $129.48

06‐30‐351‐009 $0.00

06‐30‐351‐010 $129.48

06‐30‐351‐011 $129.48

06‐30‐351‐012 $129.48

06‐30‐352‐001 $129.48

06‐30‐352‐002 $129.48

06‐30‐352‐003 $129.48

06‐30‐352‐004 $129.48

06‐30‐352‐005 $129.48

06‐30‐352‐006 $129.48

06‐30‐352‐007 $129.48

06‐30‐352‐008 $129.48

06‐30‐352‐009 $0.00

06‐30‐352‐010 $129.48

06‐30‐352‐011 $129.48

06‐30‐352‐012 $129.48

06‐30‐352‐013 $129.48


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MAP OF SAVANNA LAKES SSA SW-42

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RESOLUTION #11-52

AN ORDINANCE PROPOSING THE ESTABLISHMENT OF THE EXPOSITION VIEW SPECIAL SERVICE AREA

(OR SPECIAL SERVICE AREA NO. SW-47) OF KANE COUNTY, ILLINOIS

AND THE LEVY OF TAXES FOR THE PURPOSE OF PAYING THE COST OF PROVIDING SPECIAL SERVICES IN AND FOR SUCH AREA

WHEREAS, a Final Plat of subdivision was approved by the County of Kane, Illinois (the

“County”), for the Exposition View Subdivision and was recorded on July 20, 1925 (Document No. 258302); and

WHEREAS, road ditches, culverts and other drainage improvements were constructed in

accordance with the Kane County Ordinances at that time; and


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WHEREAS, the individual property owners, under Illinois Drainage Law, are obligated to maintain the stormwater drainage systems and drainage easements within their individual properties. However, no authority exists for the residents to improve the overall storm water conveyance system and flood routing in the subdivision; and

WHEREAS, Kane County has been working with the property owners to develop a plan to

improve the flood routing in the subdivision and decrease standing water. Through a series of meetings with the residents, it has been determined that it in the best interest of the residents to move forward with the drainage improvement plan and finance the residents portion of the construction through the Kane County Recovery Bond Loan program. This SSA is being proposed as the financial backing for the loan and also provides for a long term means by which the storm drainage in the subdivision can be maintained; and





a special service area for the purposes set forth herein and to be designated as the Exposition View Special Service Area (or Special Service Area No. SW-47), of the County; and



services (the “Services”) to the Area, which are unique and in addition to the services generally provided to the County as a whole. The Long Term Maintenance Services to be provided may include, but are not limited to the following: the operation, maintenance, repair, rehabilitation, replacement and reconstruction of any storm water detention and/or retention area, drainageway, ditch, swale, storm sewer or other stormwater facility; costs of design, engineering and other consulting services, surveying and permits, public liability insurance, and all administrative, legal and other costs or expenses incurred in connection therewith and with the administration of the Area, including the repayment of any loan or debt incurred for the provision of any of such Services. The maximum long term maintenance levy amount shall increase each year the Special Service Area is active by 1% to account for inflation and shall be available indefinitely; and

WHEREAS, a Construction Project is to be built through the County’s Recovery Bond Loan Program for Water Related Infrastructure Projects. The loan program outlines a 10 year term at a true interest cost of 2.8%. Included in the principal amount is the proportionate share of the Total Underwriter’s Discount and Cost of Issuance based on the construction loan amount. The Construction Project is defined as the construction of a low flow storm sewer system and improvements to the ditches, culverts and overland flood route to the north. The property owners’ share of the construction cost is set at $30,000 regardless of the final contract amount with the contractor. In addition, there is a non ad valorem special service area fee per Resolution 09-232 of $400, and $1,027 bonding fee plus interest at 2.8%. This sum shall be collected over a 10 year period after which time the Construction Project levy shall expire. Equal payments shall be made each year by the property owners in accordance with Exhibit A for the 10 year period. The cost-sharing arrangement for this project is


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subject to approval by the Development Committee and Aurora Township Highway Department. If any of these items are denied or funding sources are unavailable for any other reasons, the passage of the SSA by the County Board does not obligate Kane County to move forward with the project; and




authorized under law to levy taxes or special assessments or to appropriate funds of the County, all of the Services to be in and for the Area; and

WHEREAS, said tax for Long Term Maintenance Services shall be available for an indefinite

period of time in an amount sufficient to produce revenues required to provide the Services, and such amount shall not exceed the amount as shown on Exhibit A plus 1% for each year the SSA is active and shall be in addition to all other taxes permitted by law; and


Construction Project for 10 years beginning for the tax year that coincides with the first loan payment, in an amount sufficient to produce revenues required to provide the Services, and such amount shall not exceed the amount as shown on Exhibit A and shall be in addition to all other taxes permitted by law; and

WHEREAS, a public hearing will be held by the County, before the Kane County Board, at 9:45

a.m., on the 12th day of April, 2011, in the County Board Room, Kane County Government Center, Building “A”, 719 Batavia Ave, Geneva, Illinois 60134 (the “Hearing”), at which time any interested person may file with the County Clerk written objections to and may be heard orally in respect to the establishment of the Area for the purpose of providing the Services and the levy of an additional non ad valorem tax on property within the Area for the purpose of paying the costs of the Services, all as described in the Notice of Public Hearing set forth in Section 2 hereof (the “Notice”). The Kane County Board shall prepare or cause to be prepared minutes of the Hearing; and

WHEREAS, the Notice shall be given by publication and mailing. Notice by publication shall be

given by publication on a date, such date being not less than 15 days prior to the Hearing, in a newspaper of general circulation within the County. Notice by mailing shall be given by depositing the Notice in the United States Mail addressed to the person or persons in whose name the general taxes for the last preceding year were paid on each lot, block, tract, or parcel of land lying within the Area. The Notice shall be mailed not less than 10 days prior to the time set for the Hearing. In the event taxes for the last preceding year were not paid, the Notice shall be sent to the person last listed on the tax rolls prior to that year as the owner of said property.


follows: §1. Incorporation of preambles The preambles of this Ordinance are hereby incorporated into this text as if set out herein in full as the findings of the County Board. §2. Notice The County Board of the County of Kane, Illinois hereby determines that the Notice is in the proper statutory form as set forth as follows:


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NOTICE OF PUBLIC HEARING

COUNTY OF KANE, ILLINOIS EXPOSITION VIEW SPECIAL SERVICE AREA (or NO. SW-47)

NOTICE IS HEREBY GIVEN that on April 12, 2011, at 9:45 am, in the County Board Room, Kane County Government Center, Building “A”, 719 South Batavia Ave, Geneva, Illinois 60134, a public hearing (the “Hearing”) will be held by the County of Kane, Illinois (the “County”), before the Kane County Board, at which time any interested person may file with the County Clerk written objections to and may be heard orally in respect to the establishment of the Exposition View Special Service Area (No. SW-47) (the “Area”) of the County, and the levy of taxes on property within the Area for the purpose of paying the costs of providing special services, in and for such Area. The proposed Area consists of the following described territory:

Legal Description Said territory, located generally north of Sullivan Road and south of I-88, east of Randall Road, consists of all lots as platted in the Exposition View Subdivision, Aurora Township, Kane County, Illinois recorded on July 20, 1925 (Document No. 258302) except lots south of Douglas Street. An accurate map of said territory is on file in the office of the Kane County Water Resources Division and is available for public inspection. The purpose of establishing the Area is to provide certain special governmental services (the “Services”) to the Area, which are unique and in addition to the services generally provided to the County as a whole in regards to the stormwater drainage system. The Services to be provided may include, but are not limited to the following: the operation, maintenance, repair, rehabilitation, replacement and reconstruction of any storm water detention and/or retention area, drainageway, ditch, swale, storm sewer or other stormwater facility; costs of design, engineering and other consulting services, surveying and permits, public liability insurance, and all administrative, legal and other costs or expenses incurred in connection therewith and with the administration of the Area, including the repayment of any loan or debt incurred for the provision of any of such Services, all of the Services to be in and for the Area. The levy of a non ad valorem annual tax upon all taxable property within the Area for the purpose of paying the cost of the Services will also be considered at the Hearing. The tax shall be levied upon all taxable property within the Area to secure a Recovery Bond loan through Kane County’s Recovery Bond Loan program. The levy shall be in an amount sufficient to produce revenues required to provide for the annual loan payment amount until such time as the loan is paid in full. The amount shall not exceed the amount included on Exhibit A within the SSA document, and shall be in addition to all other taxes permitted by law. Additionally the SSA provides provisions for Long Term Maintenance of the storm water facilities in the subdivision under certain circumstances which are defined within the SSA document. All interested persons, including all persons owning taxable real property located within the Area, will be given an opportunity to be heard at the Hearing regarding the establishment of the Area and the tax levy and an opportunity to file objections to the establishment of the Area or to the amount of the tax levy.


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At the Hearing, any interested person may file with the County Clerk written objections to and may be heard orally in respect to any issues referenced in this Notice. The Hearing may be adjourned to another date without further notice other than a motion to be entered upon the minutes fixing the time and place it will reconvene. At the first regular meeting of the County Board after the public hearing, the County may delete area from the special service area. If a petition signed by at least 51% of the electors residing within the Area and by at least 51% of the owners of record of the land included within the boundaries of the Area is filed with the County Clerk within 60 days following the final adjournment of the Hearing objecting to the creation of the Area or the levy or imposition of a tax for the provision of the Services to the Area, no such special Service Area may be created or no tax may be levied or imposed. By order of the County Board of the County of Kane, Illinois. DATED this ________ day of ______________________, ______.

John Andrew Cunningham Clerk, County Board Kane County, Illinois

§3. Repealer; effective date

All ordinances, orders and resolutions and parts thereof in conflict herewith be and the same are hereby repealed, and this Ordinance shall be in full force and effect forthwith upon its passage, approval and publication as provided by law.


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157


158


159


160

###

RESOLUTION #11-53 AN ORDINANCE PROPOSING THE ESTABLISHMENT OF THE

PLANK ROAD ESTATES SPECIAL SERVICE AREA (OR SPECIAL SERVICE AREA NO. SW-45)

OF KANE COUNTY, ILLINOIS


161

AND THE LEVY OF TAXES FOR THE PURPOSE OF PAYING THE COST OF PROVIDING SPECIAL SERVICES IN AND FOR SUCH AREA

WHEREAS, Final Plats of subdivision were approved by the County of Kane, Illinois (the

“County”), for the Plank Road Estates Subdivision (the “Subdivision”) in three units between 1974 and 1978; and

WHEREAS, storm water detention, storm sewers and drainage channels were constructed and drainage easements recorded in accordance with laws, ordinances and standards in effect at that time; and

WHEREAS, in general, the Illinois Drainage Code (70 ILCD 605) establishes the rights and

obligations for individual property owners to accept, discharge and maintain drainage; and WHEREAS, a Homeowner’s Association was not established for the Subdivision that would be

able to coordinate the work and impose an assessment upon the owners for the overall maintenance and improvements of the stormwater drainage system; and

WHEREAS, the County has been working with the property owners to identify and investigate

problems and deficiencies in the existing drainage system; and WHEREAS, the County has established a “Cost-Share Drainage Improvement Program” (the

“Program”) to allow residents in the unincorporated areas to engage the County to provide technical assistance and partially fund public specific improvements that will aid in solving stormwater and subsurface drainage problems in the older residential areas of the County. These projects shall provide public benefits; promote the health, safety and welfare of citizens; and improve the drainage on private and/or public property in Kane County, Illinois; and

WHEREAS, the Program is contingent on a cooperative effort and a sharing of the cost of

construction of the drainage improvements between, but not limited to, the County and the property owners within the Subdivision; and

WHEREAS, through a cooperative effort between the County staff and the property owners, it

has been determined that establishing a Special Service Area (“SSA”) for the purpose of funding the property owners’ share of the construction of the drainage improvements and funding long-term maintenance of the stormwater improvements that serve the Subdivision is an equitable means to distribute these costs; and

WHEREAS, pursuant to the provisions of Article VII, Section 7, Part (6) of the 1970 Constitution

of the State of Illinois (the “Constitution”), the County of Kane is authorized to create special service areas in and for the unincorporated areas of the County; and




a special service area for the purposes set forth herein and to be designated as the Plank Road Estates Special Service Area (or Special Service Area No. SW-45) of the County (the “Area”); and


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WHEREAS, the Area is contiguous and totally within the boundaries of the unincorporated area of the County; and

WHEREAS, the purpose of establishing the Area is to provide certain special governmental

services (the “Services”) to the Area, which are unique and in addition to the services generally provided to the County as a whole. The construction and long-term maintenance services to be provided may include, but are not limited to the following: the operation, maintenance, repair, rehabilitation, replacement and reconstruction of any storm water detention and/or retention area, drainageway, ditch, swale, storm sewer or other stormwater facility; costs of design, engineering and other consulting services, surveying and permits, public liability insurance, and all administrative, legal and other costs or expenses incurred in connection therewith and with the administration of the Area, including the repayment of any loan or debt incurred for the provision of any of such Services; and

WHEREAS, it is in the interest of both the County and the property owners in the Area for the

County to provide specific construction services to repair, replace and reconstruct portions of the existing drainage system to improve the stormwater conveyance systems, the groundwater control system and provide additional flood protection; and

WHEREAS, the construction services are to be partially funded by the SSA to cover the

property owner’s portion of the project under the Program which is located outside of the road rights-of-way and includes any drainage improvements as deemed necessary, outside of the rights-of-way, to restore the flow to the detention facility and ensure a sound and maintainable stormwater conveyance system; and

WHEREAS, any future services not included in the Program shall be entirely funded by the

SSA; and WHEREAS, it is in the public interest that the levy of a non ad valorem annual tax upon all



authorized under law to levy taxes or special assessments or to appropriate funds of the County, all of the Services to be in and for the Area and all of any necessary construction and maintenance to be within the subdivision; and

WHEREAS, approval of this document subsequently provides for access to all drainage and

utility easements as shown on the recorded plats of subdivision for Plank Road Estates Units 1 thru 3 by the County, its successors and assigns for the purposes described above; and


construction services associated with the project partially funded by the Program for 10 years beginning for the year 2011, in an amount sufficient to produce revenues required to provide for the property owners’ share of the construction services associated with the Program; and

WHEREAS, the levy for the construction services as shown in Exhibit A is a maximum amount

based on a engineer’s estimate of probable cost and such amount shall not exceed the amount as shown on and shall be in addition to all other taxes permitted by law; and

WHEREAS, said tax shall be levied upon all taxable property within the Area for long-term

maintenance services for an indefinite period of time beginning the year following the completion of the construction services provided under the Program, in an amount sufficient to produce revenues


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required to provide the Services, and such amount shall not exceed the initial amount as shown on Exhibit A and may only be increased by a maximum of 2% of the preceding year and shall be in addition to all other taxes permitted by law; and




given on a date, such date being not less than 15 days prior to the Hearing, in a newspaper of general circulation within the County. Notice by mailing shall be given by depositing the Notice in the United States Mail addressed to the person or persons in whose name the general taxes for the last preceding year were paid on each lot, block, tract, or parcel of land lying within the Area. The Notice shall be mailed not less than 10 days prior to the time set for the Hearing. In the event taxes for the last preceding year were not paid, the Notice shall be sent to the person last listed on the tax rolls prior to that year as the owner of said property.




COUNTY OF KANE, ILLINOIS PLANK ROAD ESTATES SPECIAL SERVICE AREA (or NO. SW-45)

NOTICE IS HEREBY GIVEN that on April 12, 2011, at 9:45 am, in the County Board Room, Kane County Government Center, Building “A”, 719 South Batavia Ave, Geneva, Illinois 60134, a public hearing (the “Hearing”) will be held by the County of Kane, Illinois (the “County”), before the Kane County Board, at which time any interested person may file with the County Clerk written objections to and may be heard orally in respect to the establishment of the Plank Road Estates Special Service Area (No. SW-45) (the “Area”) of the County, and the levy of taxes on property within the Area for the purpose of paying the costs of providing special services, in and for such Area. The proposed Area consists of the following described territory:

Plank Road Estates Unit No. 1, Being a subdivision in part of the northwest quarter of section 9, township 41 north, range 7 east of the third principal meridian in Plato Township, Kane County Illinois, filed for record on October 17, 1974 as Document No. 1311345; Plank Road Estates Unit No. 2, Being a part of the northwest quarter of section 9, township 41 north, range 7 east of the third


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principal meridian in Plato Township, Kane County Illinois, Filed for record on April 5, 1977 as Document No. 1400506 in Plat Book 73 of Plat Page 01; Plank Road Estates Unit No. 3, Being a part of the northwest quarter of section 9, township 41 north, range 7 east of the third principal meridian in Plato Township, Kane County Illinois, filed for record on May 8, 1978 as Document No. 1455892 in Plat Envelope # 4-B.

Said territory consists of all lots as platted in Plank Road Estates Subdivision Units 1 2 and 3 in Plato Townships, Kane County, Illinois. An accurate map of said territory is on file in the office of the Kane County Water Resources Division and is available for public inspection. The purpose of establishing the Area is to provide certain special governmental services (the “Services”) to the Area, which are unique and in addition to the services generally provided to the County as a whole in regards to the stormwater drainage system. The Services to be provided may include, but are not limited to the following: the operation, maintenance, repair, rehabilitation, replacement and reconstruction of any storm water detention and/or retention area, drainageway, ditch, swale, storm sewer or other stormwater facility; costs of design, engineering and other consulting services, surveying and permits, public liability insurance, and all administrative, legal and other costs or expenses incurred in connection therewith and with the administration of the Area, including the repayment of any loan or debt incurred for the provision of any of such Services, all of the Services to be in and for the Area. The levy of a non ad valorem annual tax upon all taxable property within the Area for the purpose of paying the cost of the Services will also be considered at the Hearing. The tax shall be levied upon all taxable property within the Area for an indefinite period of time beginning for the year 2011, in an amount sufficient to produce revenues required to provide the special services, but shall not exceed the amount included on Exhibit A within the SSA document, and shall be in addition to all other taxes permitted by law. All interested persons, including all persons owning taxable real property located within the Area, will be given an opportunity to be heard at the Hearing regarding the establishment of the Area and the tax levy and an opportunity to file objections to the establishment of the Area or to the amount of the tax levy. At the Hearing, any interested person may file with the County Clerk written objections to and may be heard orally in respect to any issues referenced in this Notice. The Hearing may be adjourned to another date without further notice other than a motion to be entered upon the minutes fixing the time and place it will reconvene. At the first regular meeting of the County Board after the public hearing, the County may delete area from the special service area. If a petition signed by at least 51% of the electors residing within the Area and by at least 51% of the owners of record of the land included within the boundaries of the Area is filed with the County Clerk within 60 days following the final adjournment of the Hearing objecting to the creation of the Area or the levy or imposition of a tax for the provision of the Services to the Area, no such special Service Area may be created or no tax may be levied or imposed. By order of the County Board of the County of Kane, Illinois.


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DATED this ________ day of ______________________, ______.




EXHIBIT A

PLANK ROAD ESTATES SPECIAL SERVICE AREA (SW-45)

TOTAL CONSTRUCTION AND LONG TERM MAINTENANCE AMOUNTS Property Owners Portion of Construction Costs $31,100.00 Non-Ad Valorem Set Up Fee $400.00 TOTAL OWNERS PORTION OF CONSTRUCTION COSTS $31,500.00 Years Financed 10 TOTAL ANNUAL CONSTRUCTION PAYMENT $3,150.00 Number of Lots in Plank Road Estates Units 1, 2, 3 45 TOTAL ANNUAL CONSTRUCTION PAYMENT PER LOT $70.00 ANNUAL LONG-TERM MAINTENANCE FEE $1,575.00 TOTAL INITIAL ANNUAL MAINTENANCE PAYMENT PER LOT $35.00 SSA LEVY AMOUNTS PER LOT/PARCEL CALCULATION** Years 1 through 10 (Construction Services) $70.00 Years 1 through 10 (Optional Supplemental Services)*** $50.00 Initial Annual Long Term Maintenance Levy (perpetual, beginning Year 11)* $35.00 And Maximum 2% Increase Over Preceding Year Thereafter *Per the SSA Ordinance, the maximum long term maintenance levy may increase 2% per year for each year the SSA is active. For this reason, the maximum levy per parcel per year may increase accordingly to account for inflation. **It is the intent of the property owners in the SSA to utilize this SSA in the same manner as a Homeowners’ Association would collect dues for maintenance of their storm sewer system. For this reason, it was felt that because of the storm water infrastructure installed to benefit the drainage in the entire subdivision, all of the platted lots in the subdivision were approved and therefore, the cost of construction and maintenance of the infrastructure should be equally distributed across the 45 lots in the subdivision.


166

***The “Optional Supplemental Services” will cover additional construction services to connect the sump pump and curtain drain discharges for individual properties to the proposed mainline drainage system. Each individual property owner will need to submit a signed consent form to incorporate the connection cost into the levy for their property.

###

RESOLUTION #11-54 AN ORDINANCE PROPOSING THE ESTABLISHMENT OF THE

WEST HIGHLAND ACRES SPECIAL SERVICE AREA (OR SPECIAL SERVICE AREA NO. SW-46)



WHEREAS, Final Plats of subdivision were approved by the County of Kane, Illinois (the “County”), for the West Highland Acres Subdivision (the “Subdivision”) in three units between 1974 and 1978; and

WHEREAS, storm water detention, storm sewers and drainage channels were constructed and drainage easements recorded in accordance with laws, ordinances and standards in effect at that time; and

WHEREAS, in general, the Illinois Drainage Code (70 ILCD 605) establishes the rights and

obligations for individual property owners to accept, discharge and maintain drainage; and WHEREAS, a Homeowner’s Association was not established for the Subdivision that would be

able to coordinate the work and impose an assessment upon the owners for the overall maintenance and improvements of the stormwater drainage system; and

WHEREAS, the County has been working with the property owners to identify and investigate

problems and deficiencies in the existing drainage system; and WHEREAS, the County has established a “Cost-Share Drainage Improvement Program” (the

“Program”) to allow residents in the unincorporated areas to engage the County to provide technical assistance and partially fund public specific improvements that will aid in solving stormwater and subsurface drainage problems in the older residential areas of the County. These projects shall provide public benefits; promote the health, safety and welfare of citizens; and improve the drainage on private and/or public property in Kane County, Illinois; and

WHEREAS, the Program is contingent on a cooperative effort and a sharing of the cost of

construction of the drainage improvements between, but not limited to, the County and the property owners within the Subdivision; and

WHEREAS, through a cooperative effort between the County staff and the property owners, it

has been determined that establishing a Special Service Area (“SSA”) for the purpose of funding the property owners’ share of the construction of the drainage improvements and funding long-term maintenance of the stormwater improvements that serve the Subdivision is an equitable means to distribute these costs; and


167





a special service area for the purposes set forth herein and to be designated as the West Highland Acres Special Service Area (or Special Service Area No. SW-46) of the County (the “Area”); and



services (the “Services”) to the Area, which are unique and in addition to the services generally provided to the County as a whole. The construction and long-term maintenance services to be provided may include, but are not limited to the following: the operation, maintenance, repair, rehabilitation, replacement and reconstruction of any storm water detention and/or retention area, drainageway, ditch, swale, storm sewer or other stormwater facility; costs of design, engineering and other consulting services, surveying and permits, public liability insurance, and all administrative, legal and other costs or expenses incurred in connection therewith and with the administration of the Area, including the repayment of any loan or debt incurred for the provision of any of such Services; and

WHEREAS, it is in the interest of both the County and the property owners in the Area for the

County to provide specific construction services to repair, replace and reconstruct portions of the existing drainage system to improve the stormwater conveyance systems, the groundwater control system and provide additional flood protection; and

WHEREAS, the construction services are to be partially funded by the SSA to cover the

property owner’s portion of the project under the Program which is located outside of the road rights-of-way and includes any drainage improvements as deemed necessary, outside of the rights-of-way, to restore the flow to the detention facility and ensure a sound and maintainable stormwater conveyance system; and

WHEREAS, any future services not included in the Program shall be entirely funded by the

SSA; and WHEREAS, it is in the public interest that the levy of a non ad valorem annual tax upon all



authorized under law to levy taxes or special assessments or to appropriate funds of the County, all of the Services to be in and for the Area and all of any necessary construction and maintenance to be within the subdivision; and

WHEREAS, approval of this document subsequently provides for access to all drainage and

utility easements as shown on the recorded plats of subdivision for West Highland Acres Units 1 thru 3 by the County, its successors and assigns for the purposes described above; and


168


construction services associated with the project partially funded by the Program for 20 years beginning for the year 2011, in an amount sufficient to produce revenues required to provide for the property owners’ share of the construction services associated with the Program; and

WHEREAS, the levy for the construction services as shown in Exhibit A is a maximum amount

based on a engineer’s estimate of probable cost and such amount shall not exceed the amount as shown on Exhibit A and shall be in addition to all other taxes permitted by law; and

WHEREAS, said tax shall be levied upon all taxable property within the Area for long-term

maintenance services for an indefinite period of time beginning the year following the completion of payment of the property owners share of the construction services provided under the Program, in an amount sufficient to produce revenues required to provide the Services, and such amount shall not exceed the initial amount as shown on Exhibit A and may only be increased by a maximum of 2% of the preceding year and shall be in addition to all other taxes permitted by law; and




given on a date, such date being not less than 15 days prior to the Hearing, in a newspaper of general circulation within the County. Notice by mailing shall be given by depositing the Notice in the United States Mail addressed to the person or persons in whose name the general taxes for the last preceding year were paid on each lot, block, tract, or parcel of land lying within the Area. The Notice shall be mailed not less than 10 days prior to the time set for the Hearing. In the event taxes for the last preceding year were not paid, the Notice shall be sent to the person last listed on the tax rolls prior to that year as the owner of said property.




COUNTY OF KANE, ILLINOIS WEST HIGHLAND ACRES SPECIAL SERVICE AREA (or NO. SW-46)

NOTICE IS HEREBY GIVEN that on April 12, 2011, at 9:45 am, in the County Board Room, Kane County Government Center, Building “A”, 719 South Batavia Ave, Geneva,


169

Illinois 60134, a public hearing (the “Hearing”) will be held by the County of Kane, Illinois (the “County”), before the Kane County Board, at which time any interested person may file with the County Clerk written objections to and may be heard orally in respect to the establishment of the West Highland Acres Special Service Area (No. SW-46) (the “Area”) of the County, and the levy of taxes on property within the Area for the purpose of paying the costs of providing special services, in and for such Area. The proposed Area consists of the following described territory:

West Highland Acres Unit No. 1, being a subdivision of part of the Southeast quarter of Section 8, Township 41, Range 8 East of the Third Principal Meridian in Elgin, Township, Kane County, Illinois, filed for record in the Recorder’s Office of Kane County on July 14, 1971 as Document No. 1197194 and recorded in Book 56 of Plats at page 15; West Highland Acres Unit No. 2, being a subdivision of part of the Southeast quarter of Section 8, Township 41, Range 8 East of the Third Principal Meridian in Elgin, Township, Kane County, Illinois, filed for record in the Recorder’s Office of Kane County on July 7, 1976 as Document No. 1464692 and recorded in Plat Envelope # 13A and 13B with Certificate of Correction Recorded August 8, 1978 as Document No. 1470962; Lots 1 through 9 and Lots 15 through 21 of Block 2 and Lots 1 through 10 of Block 3 of the Third Addition to Almora Heights, being a subdivision of lot 9 in the Second Addition to Almora Heights and part of sections 8 and17, Township 41, Range 8 East of the Third Principal Meridian in Elgin, Township, Kane County, Illinois, Filed for record in the Recorder’s Office of Kane County on November 26, 1958 as Document No. 876586 and recorded in Map Book 40 pages 384

Said territory consists of all lots as platted in West Highland Acres Subdivision Units 1 and 2 and Lots 1 through 9 and Lots 15 through 21 of Block 2 and Lots 1 through 10 of Block 3 in the Third Addition to Almora Heights in Elgin Township, Kane County, Illinois. An accurate map of said territory is on file in the office of the Kane County Water Resources Division and is available for public inspection. The purpose of establishing the Area is to provide certain special governmental services (the “Services”) to the Area, which are unique and in addition to the services generally provided to the County as a whole in regards to the stormwater drainage system. The Services to be provided may include, but are not limited to the following: the operation, maintenance, repair, rehabilitation, replacement and reconstruction of any storm water detention and/or retention area, drainageway, ditch, swale, storm sewer or other stormwater facility; costs of design, engineering and other consulting services, surveying and permits, public liability insurance, and all administrative, legal and other costs or expenses incurred in connection therewith and with the administration of the Area, including the repayment of any loan or debt incurred for the provision of any of such Services, all of the Services to be in and for the Area. The levy of a non ad valorem annual tax upon all taxable property within the Area for the purpose of paying the cost of the Services will also be considered at the Hearing. The tax shall be levied upon all taxable property within the Area for an indefinite period of time beginning for the year 2011, in an amount sufficient to produce revenues required to provide the special services, but shall not exceed the amount included on Exhibit A within the SSA document, and shall be in addition to all other taxes permitted by law. All interested persons, including all persons owning taxable real property located within the Area, will be given an opportunity to be heard at the Hearing regarding the


170

establishment of the Area and the tax levy and an opportunity to file objections to the establishment of the Area or to the amount of the tax levy. At the Hearing, any interested person may file with the County Clerk written objections to and may be heard orally in respect to any issues referenced in this Notice. The Hearing may be adjourned to another date without further notice other than a motion to be entered upon the minutes fixing the time and place it will reconvene. At the first regular meeting of the County Board after the public hearing, the County may delete area from the special service area. If a petition signed by at least 51% of the electors residing within the Area and by at least 51% of the owners of record of the land included within the boundaries of the Area is filed with the County Clerk within 60 days following the final adjournment of the Hearing objecting to the creation of the Area or the levy or imposition of a tax for the provision of the Services to the Area, no such special Service Area may be created or no tax may be levied or imposed. By order of the County Board of the County of Kane, Illinois. DATED this ________ day of ______________________, ______.




EXHIBIT A

WEST HIGHLAND ACRES SPECIAL SERVICE AREA (SW-46)

CONSTRUCTION AND LONG TERM MAINTENANCE AMOUNTS Property Owners Portion of Construction Costs $44,100 Non-Ad Valorem Set Up Fee $400 Total Construction Amount $44,500 Years Financed 10 TOTAL ANNUAL CONSTRUCTION PAYMENT $4,450 MAXIMUM ANNUAL LONG-TERM MAINTENANCE FEE $2,225 PARCELS INCLUDED IN THE SSA Number of Lots in Watershed 89 West Highland Acres Units 1, 2 63 Third Addition to Almora Heights 26 SSA LEVY AMOUNTS PER LOT/PARCEL CALCULATION** Years 1 through 20 (Construction Services) $50.00 Initial Annual Long Term Maintenance Levy (perpetual, beginning year following Construction Services* $25.00


171

And Maximum 2% Increase Over Preceding Year Thereafter *Per the SSA Ordinance, the maximum long term maintenance levy may increase 2% per year for each year the SSA is active. For this reason, the maximum levy per parcel per year may increase accordingly to account for inflation. **It is the intent of the property owners in the SSA to utilize this SSA in the same manner as a Homeowners’ Association would collect dues for maintenance of their storm sewer system. For this reason, it was felt that because the storm water infrastructure was installed as part of the original subdivision, it is because of this infrastructure that the platted lots in the subdivision were approved and therefore, the cost of construction and maintenance of the infrastructure should be equally distributed across the 63 lots in the West Highland Acres Subdivision and the 23 lots directly tributary to the watershed within the Third Addition to Almora Heights which is integral to the overall drainage.

###

RESOLUTION #11-55 AUTHORIZING EXCEPTION TO THE COUNTY FINANCIAL POLICIES

REGARDING PERSONNEL HIRING AND REPLACEMENT (RECYCLING COORDINATOR REPLACEMENTS)

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, 415 ILCS 15: the Solid Waste Planning and Recycling Act, requires Counties to

appoint a recycling coordinator, whose responsibilities shall include overseeing and updating the County’s Solid Waste Plan; and

WHEREAS, Kane County’s current Recycling Coordinator will retire in July, 2011, and said

position needs to be filled to meet the requirements of the recycling and other conservation programs in the Department of Facilities, Subdivision, and Environmental Resources; and

WHEREAS, the current full-time position is proposed to be filled by two regular, part-time

positions, including a part-time Recycling & Resource Conservation Program Coordinator and a part-time Resource Conservation Program Educator, both of which shall work an average of 25 hours per week in FY 2011; and

WHEREAS, the start dates of the two said regular, part-time positions will be staggered in order

to maintain the FY11 budgeted salary amount for the Recycling Coordinator position; and WHEREAS, the passage of this resolution does not require a budget amendment for fiscal year

2011.


172

NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the Department of Facilities, Subdivision, and Environmental Resources is hereby authorized to hire a regular, part-time Recycling & Resource Conservation Program Coordinator.

BE IT FURTHER RESOLVED that the Department of Facilities, Subdivision, and Environmental

Resources is hereby authorized to hire a regular, part-time Resource Conservation Program Educator. ###

RESOLUTION #11-56

OFFSETTING THE REDUCTION IN 2011 RTA FUNDS KANE COUNTY SHERIFF’S OFFICE

WHEREAS, the Sheriff’s Office has received a reduction in FY 2011 RTA funds in the sum of

$109,000 due to budget restraints; and WHEREAS, the Sheriff’s Office through in house management and budget control created a

reduction of spending in Public Safety in FY 2010 in the sum of $30,374; and WHEREAS, the Sheriff’s Office is requesting these funds be used to reimburse the short fall in

the FY 2011 RTA funds. NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the FY 2011, RTA fund

be reimbursed by the sum of $30,374 and apply the amount towards the $109,000 reduction the Sheriff’s Office is to receive.

BE IT FURTHER RESOLVED by the Kane County Board that the following FY 2011 budget

adjustment be made:

001.000.000.39900 Cash on Hand +30,374 001.800.808.99000 Transfer To Other Funds +30,374

125.800.000.39000 Transfer From Other Funds +30,374 125.800.810.70070 Automotive Equipment +30,374


approved in original budget or a subsequent budget revision?


personnel/item/service in the specified line item?


funds available?

No Yes

001.380.380

###

RESOLUTION #11-57

AMENDING THE 2011 FISCAL YEAR TRANSPORTATION BUDGET KANE COUNTY DIVISION OF TRANSPORTATION

TRANSPORTATION CAPITAL FUND WHEREAS, the Fiscal Year (FY) 2011 Transportation Budget provides for capital expenditures to be paid out of Transportation Capital Funds; and WHEREAS, a budget adjustment is required to the FY2011 Transportation Budget to fund right-of-way acquisition needs for the Stearns Bridge Corridor – McLean Fen Adaptive Management Plan.


173

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

adjustments be made to the FY 2011 Transportation Budget, in the amount of Four Million, Seven Hundred, and Forty Five Thousand dollars:

540.520.525.74010 Highway Right of Way $4,745,000 540.520.000.39900 Cash on Hand $4,745,000

Line item Line Item Description Was

personnel/item/service approved in original

budget or a subsequent budget

revision?


personnel/item/service in the specified

line item?


funds available?

540.520.525.74010 Highway Right of Way Yes – FY2010 Yes 540.520.000.39900 (Cash on Hand)

###

RESOLUTION #11-58 BUDGET ADJUSTMENT FOR THE

OFFICE OF EMERGENCY MANAGEMENT (NACCHO GRANT)

WHEREAS, in 2010 the OEM received a multi-year Capacity Building grant from the National Association of County and City Health Officials; and

WHEREAS, Five Thousand Eight Hundred Twenty Three Dollars ($5,823.00) remained in the OEM FY2010 budget at the end of the budget year; and WHEREAS, said funds need to be rolled over into the OEM FY 2011 budget.

NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the following budget adjustment be made to the OEM FY2011 budget to reflect the remaining NACCHO grant funds:

001.000.000.39900 Cash on Hand + $5,823 001.510.510.50400 Community Action Program + $5,823

Line item Line Item Description Was Are funds currently If funds are not currently

personnel/item/serviceapproved in original

budget or a subsequent budget revision?

available for thispersonnel/item/service in the specified line item?

available in the specified lineitem, where are the funds

available?

001.510.510.50400 Community Action Program No No 001.000.000.39900

Cash on Hand

###


174

RESOLUTION #11-59 AUTHORIZING EXCEPTION TO THE COUNTY FINANCIAL POLICIES

REGARDING PERSONNEL HIRING AND REPLACEMENT (Information Technology Department)

WHEREAS, the Kane County Information Technologies Department (ITD) Application Development

& Integration Services Division is responsible to provide Kane County with the following: custom applications and user interfaces, data and application integration, database administration and replication, Internet/Intranet, interactive voice response, business analysis, and reporting services. As well as provide technical support for off-the-shelf solutions and vendor integration; and

WHEREAS, the Kane County Information Technologies Department utilizes Employee resources in the Application Development & Integration Services division to accomplish its goals and missions; and

WHEREAS, current staffing level for support operations of Application Development & Integration

Services division, due to employee resigning for better career opportunities, has fallen below the level needed to provide for and sustain application support; 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 Information Technologies Department has requested the Kane County Board to allow exception to the hiring moratorium as the continuance of a shortage of staff will have a negative operational impact on the Department’s ability to efficiently and effectively conduct the operations of desktop support.

NOW, THEREFORE, BE IT FURTHER RESOLVED by the Kane County Board that the County Information Technologies Department be allowed to hire one replacement to fill the support vacancies



budget revision?



item?



001.060.060.40000 Salaries & Wages Yes Yes

###

RESOLUTION #11-60 BUDGET ADJUSTMENT FOR THE OFFICE OF EMERGENCY MANAGEMENT

(CITIZENS CORPS GRANT) WHEREAS, the Office of Emergency Management has received a grant from the Illinois Emergency Management Agency in the amount of Two Thousand Five Hundred Dollars ($2,500.00) as part of the Department of Homeland Security’s Citizens Corps Grant Program. NOW, THEREFORE, BE IT RESOLVED that the funds from said grant be placed into the Office of Emergency Management’s Community Action Program line item.

001.510.000.33570 US Dept Homeland Security Grant + $2,500.00 001.510.510.50400 Community Action Program + $2,500.00


175

Line item Line item Description Was personnel/item/service

Approved in original budget or a subsequent

Budget revision?





001.510.510.50400 Community Action

Program No No 001.510.000.33570

###

RESOLUTION #11-61 AMENDMENT TO FISCAL YEAR 2011 BUDGET

(NON-AD VALOREM FEES)

WHEREAS, the County Board requests that the County Treasurer and County Clerk perform an additional non-statutory function by providing collection services for non-ad-valorem Special Service Areas; and

WHEREAS, this additional function produces both administrative and operational costs and the County Board wishes to offset these costs.

NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the following FY 2011 budget adjustment be made to pay these costs.

001.900.900.85000 Allowance for budget expense ($4000) 001.150.150.50570 Non Ad Valorem Costs $2000 001.190.190.50570 Non Ad Valorem Costs $2000

Line Item Line Item Description Was




personnel/item/service in the specific line item?

If funds are not currently available in the

specified line item, where are the funds

available? 001.150.150.50570 001.190.190.50570

Non Ad Valorem Costs No No 001.900.900.85000 Allowance for budget

expense

###

RESOLUTION #11-62 APPROVAL OF PERSONNEL HIRING

KANE COUNTY DEPARTMENT OF EMPLOYMENT & EDUCATION (BUSINESS SERVICES REPRESENTATIVES)

WHEREAS, the downturn in the economy since the recession began in December 2007 has

caused employers to downsize their workforces by laying off significant numbers of workers; and WHEREAS, the latest unemployment statistics released by the Illinois Department of

Employment Security indicate that some municipalities in the Kane County workforce area still have unemployment rates that exceed Nine Percent (9%); and

WHEREAS, since 2008, the Kane County Department of Employment and Education has been

awarded over $10 million dollars in federal grants to provide services to these laid off workers resulting in hundreds of workers being re-trained; and

WHEREAS, additional staff is needed to provide outreach to employers to participate in on-the-

job training and apprenticeships to employ the individuals who complete occupational skills training using these federal grants and to develop employment opportunities for these re-trained workers.


176

NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the Kane County Department of Employment & Education is approved to hire three (3) business service representatives who will be 100% funded out of federal Workforce Investment Act grants.

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

or a subsequent budget revision?



If funds are not currently available in the

specified line item, where are the funds

available? 980.980.980 Payroll only N/A Yes N/A

###

RESOLUTION #11-63 ACCEPTING A BID FOR PREPARATION AND

COLLECTION OF KANE COUNTY PROPERTY TAXES

WHEREAS, it is the responsibility of the County Collector to ensure that property tax collections are conducted in a secure and efficient manner; and

WHEREAS, LRD Systems & Forms can provide bill preparation services (with an approximate value of $26,766) and Chase Bank can provide lock box collection services (with an approximate value of $21,804) both reimbursed through the use of compensating bank balances at no cost to the county; and

WHEREAS, the qualified bidders with respect to these services are LRD Systems & Forms and

Chase Bank; and WHEREAS, use of a bank lock box system will generate an additional $230,000 worth of

potential interest income for the taxing bodies of Kane County. The lock box will also significantly reduce the costs associated with processing payments in the Collector's office.

NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the County Collector is hereby authorized to contract with Chase Bank and LRD Systems & Forms to provide the Kane County Collector with bill preparation and lock box services. This agreement will have a two-year term. Kane County Board reserves the right to annually extend this contract beyond this two year term. RFP SUMMARY

Vendor Cost 35%

RFP Compliance

5%

Experience 35%

References 15%

Collector Evaluation

10% Total

Banks Chase Bank 35.00 5.00 33.25 11.25 9.00 93.50 Fifth Third Bank 18.16 5.00 33.25 9.75 9.00 75.16 MB Financial Bank

32.89 5.00 35.00 9.75 10.00 92.64

Printers Midwest Direct 32.80 4.00 28.00 3.00 8.00 75.80 Peregrene 35.00 5.00 28.00 3.00 8.00 79.00 LRD Systems & Forms

31.89 5.00 35.00 12.75 10.00 94.64

JJ Colins Printers 34.16 4.00 31.50 8.25 9.00 86.91


177

Notes:

Chase Bank lockbox located in Kane County Chase Bank is already our main distribution bank this will save us 2 days interest float Chase Bank unlikely to be a risk for financial failure due to its size

LRD Systems & Forms is our current print provider is located in McHenry County and has

extensive experience in tax bill preparation for this and other Illinois Counties ###

RESOLUTION #11-64

APPROVING A TEMPORARY RIGHT-IN / RIGHT-OUT ACCESS RANDALL ROAD

WHEREAS, the Dundee Township Park District (District) has requested approval of a temporary right-in/right-out access for the construction of a planned Recreation and Fitness Center on the west side of Kane County Highway No. 34 (Randall Road) at a location approximately 1,650 feet north of Illinois State Route 72; and WHEREAS, the County of Kane has been and is continuing to work with the District and Village of West Dundee to determine appropriate access locations along Randall Road between Illinois State Route 72 and Binnie Road and a future intergovernmental agreement is presently being negotiated for forthcoming County Board consideration which agreement will address present and planned future access locations on this segment of Randall Road and all requirements and conditions established by the County Board therefor; and WHEREAS, the requested access is temporary in nature and will be located at or within the general proximity of a potential planned future full access which will serve both the District and private development south of the District’s property between said future full access and Illinois State Route 72 and which future full access will also be subject to said forthcoming intergovernmental agreement. NOW, THEREFORE, BE IT RESOLVED that the Kane County Board hereby approves a temporary right-in / right-out access to be used for the construction of the Dundee Township Park District’s planned Recreation and Fitness Center on the west side of Randall Road approximately 1,650 feet north of Illinois State Route 72 subject to final location and other permitting conditions as may be required by the Kane County Engineer.

### RESOLUTION #11-66

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

SOUTH STREET BIKE PATH EXTENSION KANE COUNTY SECTION NO. 00-00259-00-BT

WHEREAS, Phase II Engineering services are required for the South Street Bike Path

extension under Kane County Highway No. 34 (also known as Randall Road) (hereinafter referred to as the “Project”); and


178

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 60174-1854 has experience and professional expertise in Phase II Engineering and is willing to perform the required services for an amount not to exceed One Hundred Seventy Six Thousand Seven Hundred Eighteen and 60/100 Dollars ($176,718.60). 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. for the Project (a copy of which is on file with the County Clerk's Office). BE IT FURTHER RESOLVED that the Kane County Board appropriate the not to exceed sum of One Hundred Seventy Six Thousand Seven Hundred Eighteen and 60/100 Dollars ($176,718.60) from Transportation Sales Tax Fund #305, Line Item #50140 (Engineering) to pay for said Phase II Engineering services for the Project with approximately eighty percent (80%) reimbursement thereof from federal funds.

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

a subsequent budget revision?



item?


funds available?

305.520.527.50140 Engineering Yes Yes

###

RESOLUTION #11-67 APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ILLINOIS

FOR PHASE II ENGINEERING SERVICES SOUTH STREET BIKE PATH EXTENSION

KANE COUNTY SECTION NO. 00-00259-00-BT

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 acting through the Illinois Department of Transportation

desire to cooperate among themselves to accomplish the South Street Bike Path extension under Kane County Highway No. 34 (also known as Randall Road) (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 $176,718.60; 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 and bicycling public; and WHEREAS, the County and the State have determined a mutually satisfactory allocation of responsibilities and costs for said Improvement as set forth in an 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 $35,343.72.


179

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


APPROVING A PHASE III ENGINEERING SERVICES AGREEMENT WITH CIVILTECH, INC. FOR

ORCHARD ROAD FROM JERICHO ROAD TO U.S. ROUTE 30 KANE COUNTY SECTION NO. 99-00232-01-WR

WHEREAS, Phase III Engineering services are needed for the improvement of Kane County

Highway No. 83 (Orchard Road) from Kane County Highway No. 24 (Jericho Road) to U. S. Route 30, Kane County Section No. 09-00232-01-WR (hereinafter referred to as the “Improvement”); and

WHEREAS, in order to accomplish the Improvement, it is necessary that the County retain the

services of a professional engineering firm to provide Phase III Engineering services; and

WHEREAS, Civiltech, Inc., 450 East Devon, Suite 300, Itasca, IL 60143 has experience and professional expertise in Phase III Engineering services and is willing to perform the required engineering services for an amount not to exceed One Million Eight Hundred Fourteen Thousand Six Hundred Thirty Nine Dollars ($1,814,639.00), upon the terms and conditions as set forth in an 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 an agreement for Phase III Engineering services with Civiltech, Inc. for the Project. BE IT FURTHER RESOLVED that the Kane County Board appropriate One Million Two Hundred Sixty Four Thousand Six Hundred Thirty Nine Dollars ($1,264,639.00) to be paid from Transportation Capital Fund #540, Line Item #50140 (Engineering) and Five Hundred Fifty Thousand Dollars ($550,000.00) to be paid from Impact Fees Fund #550, Line Item #50140 (Engineering) for a not to exceed sum of One Million Eight Hundred Fourteen Thousand Six Hundred Thirty Nine Dollars ($1,814,639.00) to pay for said Phase III Engineering services for the Improvement.

Line item Line Item Description

Was personnel/item/service





item?



540.520.525.50140 Engineering Yes Yes 550.520.550.50140 Engineering Yes Yes

###


FOR PHASE III CONSTRUCTION OF ORCHARD ROAD FROM JERICHO ROAD TO U.S. ROUTE 30

KANE COUNTY SECTION NO. 99-00232-01-WR



180


desire to cooperate among themselves to accomplish the improvement of Kane County Highway No. 83 (also known as Orchard Road) from Kane County Highway No. 24 (also known as Jericho Road) to U.S. Route 30 (hereinafter referred to as the “Improvement”); and

WHEREAS, the County and the State desire to undertake Phase III Construction for the

Improvement at an estimated cost of Seventeen Million Six Hundred Forty Thousand Three Hundred Dollars ($17,640,300.00); 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 an 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 III Construction estimated to be $13,680,491.00.

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

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

RESOLUTION #11-70

APPROVING A PHASE III ENGINEERING SERVICES AGREEMENT WITH COTTER CONSULTING, INC. FOR THE

BIG TIMBER ROAD OVER PINGREE AND TYLER CREEK BRIDGE REPLACEMENT KANE COUNTY SECTION NO. 01-00266-00-BR

WHEREAS, the County of Kane desires to replace the Kane County Road No. 77 (commonly

known as “Big Timber Road”) bridges over Pingree and Tyler Creeks (hereinafter the “Project”); and WHEREAS, in order to accomplish the Project, it is necessary to retain the services of a

professional engineering firm to provide Phase III Engineering services to include maintenance and monitoring for the Project; and WHEREAS, Cotter Consulting, Inc., 8150 South Cass Avenue, Darien, IL 60561 has experience and professional expertise in Phase III Engineering services and is willing to perform the services for an amount not to exceed Six Hundred Twenty Eight Thousand Eight Hundred Eighty Six and 41/100 Dollars ($628,886.41), upon the terms and conditions as set forth in a Phase III 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 an agreement for Phase III Engineering services with Cotter Consulting, Inc. for the Project. BE IT FURTHER RESOLVED that the Kane County Board appropriate the sum of Six Hundred Twenty Eight Thousand Eight Hundred Eighty Six and 41/100 Dollars ($628,886.41) from Motor Fuel Local Option Fund #304, Line Item #50140 (Engineering) to pay for said Phase III Engineering services with approximately eighty percent (80%) thereof to be reimbursed from federal funds.


181



budget or a subsequent budget

revision?



item?



304.520.524.50140 Engineering No – FY12 TIP Yes

###


FOR PHASE III CONSTRUCTION AND CONSTRUCTION ENGINEERING SERVICES FOR THE BIG TIMBER ROAD OVER PINGREE AND TYLER CREEK BRIDGE REPLACEMENT

KANE COUNTY SECTION NO. 01-00266-00-BR


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

to cooperate among themselves to accomplish the construction of the replacement of the Kane County Highway No. 41 (also known as Big Timber Road) bridges over Pingree and Tyler Creeks (hereinafter the “Improvement”); and

WHEREAS, the County and the State desire to undertake Phase III Construction and

Construction Engineering Services for the Improvement at an estimated cost of Five Million One Hundred Fourteen Thousand Seven Hundred Sixty Three Dollars ($5,114,763.00); 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 a Local Agency Agreement for Federal Participation (a copy of which is on file with the County Clerk's Office) with the County’s share of the Phase III Construction and Construction Engineering Services estimated to be $1,022,952.00.


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


APPROVING A PHASE III ENGINEERING SERVICES AGREEMENT WITH TRANSYSTEMS, INC. FOR

RANDALL ROAD AT FABYAN PARKWAY KANE COUNTY SECTION NO. 01-00269-00-CH

WHEREAS, the County of Kane desires to improve the intersection of Kane County Highway

No. 34 (commonly known as “Randall Road”) at Kane County Highway No. 8 (commonly known as “Fabyan Parkway”) (hereinafter referred to as the “Project”); and


182

WHEREAS, in order to accomplish the Project, it is necessary to retain the services of a professional engineering firm to provide Phase III Engineering services for the Project; and WHEREAS, TranSystems, Inc., 1051 Perimeter Drive, Suite 1025, Schaumburg, IL 60173-5058 has experience and professional expertise in Phase III Engineering services and is willing to perform the services for an amount not to exceed Two Hundred Seventy Three Thousand Five Hundred Fifty and 48/100 Dollars ($273,550.48), upon the terms and conditions as set forth in a Phase III 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 an agreement for Phase III Engineering services with TranSystems, Inc. for the Project. BE IT FURTHER RESOLVED that the Kane County Board appropriate the sum of Two Hundred Seventy Three Thousand Five Hundred Fifty and 48/100 Dollars ($273,550.48) from Transportation Sales Tax Fund #305, Line Item #50140 (Engineering) to pay for said Phase III Engineering services with approximately seventy three percent (73%) thereof to be reimbursed from federal funds.






item?



305.520.527.50140 Engineering No – FY12 TIP Yes

###


FOR PHASE III CONSTRUCTION AND CONSTRUCTION ENGINEERING SERVICES RANDALL ROAD AT FABYAN PARKWAY

KANE COUNTY SECTION NO. 01-00269-00-CH



desire to cooperate among themselves to accomplish the improvement of Kane County Highway No. 34 (also known as Randall Road) at Kane County Highway No. 8 (also known as Fabyan Parkway) (hereinafter referred to as the “Improvement”); and

WHEREAS, the County and the State desire to undertake Phase III Construction and

Construction Engineering Services for the Improvement at an estimated cost of $3,723,550.00; 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 an 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 III Construction and Construction Engineering Services estimated to be $1,076,744.00.


183


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

###

RESOLUTION #11-74 APPROVING A PHASE III ENGINEERING SERVICES AGREEMENT

WITH V3 COMPANIES OF ILLINOIS, LTD. FOR THE RANDALL ROAD OVER INTERSTATE 88 BRIDGE REHABILITATION IMPROVEMENT


WHEREAS, the County of Kane desires to replace the Kane County Road No. 34 (commonly known as “Randall Road”) bridge over the Interstate 88 (hereinafter the “Project”); and

WHEREAS, in order to accomplish the Project, it is necessary to retain the services of a

professional engineering firm to provide Phase III Engineering services for the Project; and WHEREAS, V3 Companies of Illinois, Ltd., 7325 Janes Avenue, Woodridge, IL 60517 has experience and professional expertise in Phase III Engineering services and is willing to perform the services for an amount not to exceed One Hundred Eighty Nine Thousand Nine Hundred Fifteen and 49/100 Dollars ($189,915.49), upon the terms and conditions as set forth in a Phase III 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 an agreement for Phase III Engineering services with V3 Companies of Illinois, Ltd. for the Project. BE IT FURTHER RESOLVED that the Kane County Board appropriate the sum of One Hundred Eighty Nine Thousand Nine Hundred Fifteen and 49/100 Dollars ($189,915.49) from Transportation Capital Fund #540, Line Item #50140 (Engineering) to pay for said Phase III Engineering services.






item?



540.520.525.50140 Engineering No – FY11 Const. Yes

###

RESOLUTION #11-75 APPROVING A PHASE III ENGINEERING SERVICES AGREEMENT

WITH BOLLINGER, LACH & ASSOCIATES, INC. FOR THE SILVER GLEN ROAD OVER TRIBUTARY OF OTTER CREEK BRIDGE REPLACEMENT


WHEREAS, the County of Kane desires to replace the Kane County Highway No. 5 (commonly known as “Silver Glen Road”) bridge over a tributary of Otter Creek (hereinafter the “Project”); and

WHEREAS, in order to accomplish the Project, it is necessary to retain the services of a

professional engineering firm to provide Phase III Engineering services for the Project; and


184

WHEREAS, Bollinger, Lach & Associates, Inc., 333 Pierce Road, Suite 200, Itasca, IL 60143 has experience and professional expertise in Phase III Engineering services and is willing to perform the services for an amount not to exceed Sixty Eight Thousand Forty and 88/100 Dollars ($68,040.88), upon the terms and conditions as set forth in a Phase III 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 an agreement for Phase III Engineering services with Bollinger, Lach and Associates, Inc. for the Project. BE IT FURTHER RESOLVED that the Kane County Board appropriate the sum of Sixty Eighty Thousand Forty and 88/100 Dollars ($68,040.88) from Motor Fuel Local Option Fund #504, Line Item #50140 (Engineering) to pay for said Phase III Engineering services.






item?





APPROVING AN EXTENSION TO AN AGREEMENT WITH MIDLAND STANDARD ENGINEERING AND TESTING, INC.

FOR ON-CALL MATERIAL TESTING SERVICES KANE COUNTY SECTION NO. 10-00371-01-EG

WHEREAS, consultant services are necessary to provide on-call soil, concrete and asphalt

testing and inspection services for 2010 County of Kane projects; and WHEREAS, it is necessary to retain the services of a professional engineering firm to provide

material testing services; and WHEREAS, the Kane County Board, pursuant to Resolution No. 10-132, previously authorized

and the County Board Chairman executed a contract with Midland Standard Testing and Engineering, Inc., 558 Plate Drive, East Dundee, IL 60118 for material testing (hereinafter the “Contract") and also appropriated One Hundred Fifty Thousand Dollars ($150,000.00) therefor with an option to extend the term of the Contract to May 1, 2012; and

WHEREAS, the County Board believes it to be fiscally responsible and in the best interest of the

County to exercise the Contract extension option, thereby extending the term of the Contract with Midland Standard Testing and Engineering, Inc. NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the Contract with Midland Standard Engineering and Testing, Inc. be extended through May 1, 2012. .

BE IT FURTHER RESOLVED that the Kane County Board appropriate the not to exceed sum of One Hundred Fifty Thousand Dollars ($150,000.00) to be paid from Local Option Fund #304, Line Item #50140 (Engineering).


185






item?


funds available?


###

RESOLUTION #11-77 APPROVING CONTRACT FOR CONSTRUCTION

RANDALL ROAD AND HUNTLEY ROAD SIGNAL INTERCONNECT KANE COUNTY SECTION NO. 08-00379-00-TL

WHEREAS, the Illinois Department of Transportation (IDOT) has solicited and received bids for the work and construction described as:

KANE COUNTY SEC. NO. 08-00379-00-TL

RANDALL ROAD AND HUNTLEY ROAD SIGNAL INTERCONNECT

(hereinafter the “Project”)

WHEREAS, the lowest responsible bidder for the Project is:

VIRGIL COOK & SON, INC. OF DEKALB, ILLINOIS with a low bid of $1,098,846.02

WHEREAS, pursuant to Kane County Resolution No. 10-320, 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 80% by the State of Illinois and 20% by the County of Kane with the County share estimated at $219,770.00. NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that there is hereby appropriated the sum of Two Hundred Nineteen Thousand Seven Hundred Seventy Dollars ($219,770.00) from Transportation Capital Fund #540, Line Item #73000 (Road Construction) to reimburse IDOT for the County’s share of the cost of the Project.






item?


funds available?

540.520.525.73000 Road Construction Yes Yes

###


186


RANDALL ROAD FROM DEAN STREET TO MAIN STREET SIGNAL INTERCONNECT KANE COUNTY SECTION NO. 09-00237-02-TL

WHEREAS, the Illinois Department of Transportation (IDOT) has solicited and received bids for the work and construction described as:

KANE COUNTY SEC. NO. 09-00327-02-TL RANDALL ROAD FROM DEAN STREET TO MAIN STREET SIGNAL INTERCONNECT



LYONS ELECTRIC COMPANY, INC OF LA GRANGE, ILLINOIS $1,026,999.50

WHEREAS, pursuant to Kane County Resolution No. 10-321, 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 70% by the State of Illinois and 30% by the County of Kane with the County share estimated at $305,500.00. NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that there is hereby appropriated the sum of Three Hundred Five Thousand Five Hundred Dollars ($305,500.00) from Transportation Sales Tax Fund #305, Line Item #73000 (Road Construction) to reimburse IDOT for the County’s share of the cost of the Project.






item?


funds available?

305.520.527.73000 Road Construction Yes Yes

###


BURLINGTON ROAD AT CORRON ROAD KANE COUNTY SECTION NO. 06-00354-00-CH

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

KANE COUNTY SECTION NO. 06-00354-00-CH

BURLINGTON ROAD AT CORRON ROAD




187

CURRAN CONTRACTING CO. OF CRYSTAL LAKE, ILLINOIS

with a low bid of $1,396,447.96

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

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

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

Thousand One Hundred Sixty One and 96/100 Dollars ($622,161.96) from Motor Fuel Local Option Fund #304, Line Item #73000 (Road Construction) and Seven Hundred Seventy Four Thousand Two Hundred Eighty Six Dollars ($774,286.00) from Impact Fees Fund #551, Line Item #73000 (Road Construction) for a total of One Million Three Hundred Ninety Six Thousand Four Hundred Forty Seven and 96/100 Dollars ($1,396,447.96) to pay for the Project.






item?


funds available?

304.520.524.73000 Road Construction Yes Yes 551.520.551.73000 Road Construction Yes Yes

###

RESOLUTION #11-80 APPROVING CONTRACT FOR CONSTRUCTION 2011 KANE COUNTY RESURFACING PROGRAM

KANE COUNTY SECTION NO. 11-00414-00-RS

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

KANE COUNTY SECTION NO. 11-00414-00-RS

2011 KANE COUNTY RESURFACING PROGRAM



CURRAN CONTRACTING CO. OF CRYSTAL LAKE, ILLINOIS

with a low bid of $5,248,917.40

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

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


188

BE IT FURTHER RESOLVED that there is hereby appropriated the sum of Five Million Two Hundred Forty Eight Thousand Nine Hundred Seventeen and 40/100 Dollars ($5,248,917.40) from the Transit Sales Tax Bond Construction Fund #513, Line Item #52080 (Repairs & Maintenance - Resurfacing) to pay for the Project.


approved in original budget or a subsequent budget

revision?



item?

If funds are not currently available in

the specified line item, where are the funds

available? 513.520.528.52080 Repairs & Maintenance –

Resurfacing Yes Yes

###

RESOLUTION #11-81

ACQUISITION OF HIGHWAY RIGHT OF WAY STEARNS ROAD BRIDGE CORRIDOR – STAGE 2A, PARCEL NO. 1ST0334

KANE COUNTY SECTION NO. 98-00214-02-BR WHEREAS, the County of Kane is authorized by law, pursuant to Illinois Compiled Statutes, 605 ILCS 5/5-801 (2004), 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 Stearns Road Bridge Corridor, Kane County Sec. No. 98-00214-02-BR; and WHEREAS, Ibis Point 2003 Irrevocable Trust, the property owner of Stearns Road Bridge Corridor Parcel No. 1ST0334 legally described on Exhibit “A” (a copy of which is on file in the office of the Kane County Clerk), has offered to sell said property to the County of Kane for the sum of Four Million Seven Hundred Forty Five Thousand Dollars ($4,745,000.00). NOW THEREFORE, BE IT RESOLVED by the Kane County Board that the County of Kane accept the offer of Ibis Point 2003 Irrevocable Trust to sell said property to the County of Kane for the total sum of Four Million Seven Hundred Forty Five Thousand Dollars ($4,745,000.00), to be paid from the Transportation Capital Fund No. 540, Line Item No. 74010 Highway Right-of-Way, and the Chairman of the Kane County Board is hereby authorized and directed to execute a sales contract therefor.



budget revision?





540.520.525.74010 Highway Right-of-Way Yes – FY2010 Yes

LEGAL DESCRIPTION ROUTE: Stearns Corridor

SECTION: 98-00214-02-BR 1ST0334


189

That part of the Northwest Quarter of Section 3, together with that part of the Northeast Quarter of Section 4, both in Township 40 North, Range 8, East of the Third Principal Meridian, described as follows: Beginning at an iron rod at the northwest corner of said Section 3; thence on an assumed bearing of South 0 degrees 08 minutes 15 seconds West along the West line of said Northwest Quarter, 1181.31 feet; thence North 88 degrees 52 minutes 09 seconds East, 1024.25 feet to the existing westerly right of way line of McLean Boulevard described in Trustee’s Deed Document Number 2008K052147; thence 206.85 feet along said right of way line on a curve to the left having a radius of 7265.00 feet, the chord of said curve bears South 5 degrees 54 minutes 30 seconds East, 206.84 feet; thence South 3 degrees 16 minutes 35 seconds East, 559.64 feet; thence 52.99 feet along said right of way line on a curve to the left having a radius 7320.00 feet, the chord of said curve bears South 11 degrees 18 minutes 29 seconds East, 52.99 feet; thence South 11 degrees 30 minutes 56 seconds East along said right of way line, 102.98 feet to a line drawn 192.0 feet parallel with, as measured perpendicularly to, the main track centerline of the Illinois Central Railroad Company, said line being the northerly right of way line of Commonwealth Edison; thence North 87 degrees 38 minutes 43 seconds West along said parallel line, 427.50 feet; thence North 83 degrees 23 minutes 51 seconds West, 184.88 feet to the easterly line of a tract of land conveyed to W. Earl Butler, and others, by deed dated November 19, 1935 and recorded November 25, 1935 in Book 969, Page 336, as Document Number 391211; thence North 33 degrees 56 minutes 22 seconds West along said easterly line, 275.06 feet to the northerly line of land conveyed by said Document Number 391211; thence South 89 degrees 27 minutes 25 seconds West along said northerly line, 760.29 feet; thence North 67 degrees 09 minutes 48 seconds West, 74.82 feet to the westerly line of the owner’s property; thence North 0 degrees 07 minutes 33 seconds West, 1778.96 feet to the North line of the Northeast Quarter of said Section 4; thence North 88 degrees 47 minutes 12 seconds East along said North line, 427.36 feet to an iron rod at the southwest corner of Section 34, Township 41 North, Range 8, East of the Third Principal Meridian; thence continuing North 88 degrees 36 minutes 28 seconds East along said North line, 64.79 feet to the Point of Beginning, in Kane County, Illinois. Said part contains 39.533 acres, more or less.

###

RESOLUTION #11-82

ACQUISITION OF HIGHWAY RIGHT OF WAY ORCHARD ROAD, PARCEL NOS. 0012, 0031, 0031TE

KANE COUNTY SECTION NO. 10-00232-00-WR AND UNECONOMIC REMNANT PARCEL

WHEREAS, the County of Kane is authorized by law, pursuant to Illinois Compiled Statutes, 605 ILCS 5/5-801 (2004), 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 widening of Orchard Road, Kane County Sec. No. 99-00232-00-WR; and


190

WHEREAS, Carol S. Hamman and Donald J. Hamman, the property owners of Orchard Road Parcel Nos. 0031, 0031TE and 0012 legally described on Exhibit “A” (a copy of which is on file in the office of the Kane County Clerk), has offered to sell said property to the County of Kane for the sum of Seven Hundred Forty Six Thousand Three Hundred Fifty Six Dollars ($746,356.00). WHEREAS, Carol S. Hamman and Donald J. Hamman, the property owners of an Uneconomic Four Acre +/- Remnant Parcel legally described on Exhibit “B” (a copy of which is on file in the office of the Kane County Clerk), has offered to sell said property to the County of Kane for the sum of Seventy Three Thousand One Hundred Forty Seven Dollars ($73,147.00). NOW THEREFORE, BE IT RESOLVED by the Kane County Board that the County of Kane accept the offer of Carol S. Hamman and Donald J. Hamman to sell the property described as Parcel Nos. 0031, 0031TE and 0012 to the County of Kane for the total sum of Seven Hundred Forty Six Thousand Three Hundred Fifty Six Dollars ($746,356.00), to be paid from the Transportation Sales Tax Fund No. 305, Line Item No. 74010 Highway Right-of-Way, and the Chairman of the Kane County Board is hereby authorized and directed to execute a contract therefor.

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

accept the offer of Carol S. Hamman and Donald J. Hamman to sell said Uneconomic Four Acre +/- Remnant Parcel to the County of Kane for the total sum of Seventy Three Thousand One Hundred Forty Seven Dollars ($73,147.00), to be paid from the Impact Fees Fund No. 550, Line Item No. 74010 Highway Right-of-Way, and the Chairman of the Kane County Board is hereby authorized and directed to execute a contract therefor.








305.520.527.74010 550.520.550.74010

Highway Right-of-Way Yes Yes

Orchard Road (U.S. Route 30 to Jericho Road) Parcel No: 0012 PARCEL DESCRIPTION THAT PART OF THE NORTHWEST FRACTIONAL QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE ON AN ASSUMED BEARING OF NORTH 00 DEGREES 19 MINUTES 22 SECONDS WEST ALONG THE WEST LINE OF SAID NORTHWEST QUARTER, 1482.07 FEET TO THE WESTERLY EXTENSION OF THE SOUTHERLY LINE OF LAND CONVEYED TO UNITED FACILITIES BY DOCUMENT NUMBER 92K16624; THENCE NORTH 89 DEGREES 22 MINUTES 25 SECONDS EAST ALONG SAID EXTENSION A DISTANCE OF 50.00 FEET TO THE SOUTHWEST CORNER OF SAID LANDS CONVEYED TO UNITED FACILITIES, SAID POINT BEING ON THE EAST RIGHT OF WAY LINE OF ORCHARD ROAD AS DEDICATED BY DOCUMENT 1322260, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89 DEGREES 22 MINUTES 25 SECONDS EAST ALONG SAID SOUTH LINE OF LANDS CONVEYED TO UNITED FACILITIES A DISTANCE OF 10.00 FEET; THENCE SOUTH 00 DEGREES 19 MINUTES 22 SECONDS EAST ALONG A LINE 10.00 FEET EAST OF AND PARALLEL WITH SAID EAST RIGHT


191

OF WAY LINE OF ORCHARD ROAD A DISTANCE OF 873.72 FEET; THENCE NORTH 89 DEGREES 40 MINUTES 38 SECONDS EAST A DISTANCE OF 90.00 FEET; THENCE SOUTH 33 DEGREES 01 MINUTES 21 SECONDS EAST A DISTANCE OF 534.63 FEET; THENCE SOUTH 01 DEGREES 04 MINUTES 26 SECONDS EAST A DISTANCE OF 80.00 FEET TO A POINT WHICH IS 73.00 FEET NORTH OF THE SOUTH LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 88 DEGREES 55 MINUTES 34 SECONDS EAST ALONG A LINE WHICH IS 73.00 FEET NORTH OF AND PARALLEL WITH SAID SOUTH LINE A DISTANCE OF 213.53 FEET; THENCE SOUTH 01 DEGREES 04 MINUTES 26 SECONDS EAST A DISTANCE OF 73.00 FEET TO A POINT ON SAID SOUTH LINE; THENCE SOUTH 88 DEGREES 55 MINUTES 34 SECONDS WEST ALONG SAID SOUTH LINE A DISTANCE OF 604.39 FEET TO A POINT ON SAID EAST RIGHT OF WAY LINE OR ORCHARD ROAD; THENCE NORTH 00 DEGREES 19 MINUTES 22 SECONDS WEST ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 1481.68 FEET TO THE POINT OF BEGINNING IN KANE COUNTY, ILLINOIS. SAID PARCEL CONTAINS 4.475 ACRES, MORE OR LESS OF WHICH 0.915 ACRES MORE OR LESS WERE PREVIOUSLY DEDICATED FOR HIGHWAY PURPOSES. Orchard Road (U.S. Route 30 to Jericho Road) Parcel No: 0031 PARCEL DESCRIPTION THAT PART OF THE EAST HALF OF SECTION 36, TOWNSHIP 38 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED BY COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 36; THENCE ON AN ASSUMED BEARING OF SOUTH 88 DEGREES 28 MINUTES 16 SECONDS WEST ALONG THE NORTH LINE OF SAID SECTION 36 A DISTANCE OF 50.01 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF ORCHARD ROAD AS ESTABLISHED BY DOCUMENT 1322260, SAID POINT BEING THE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 19 MINUTES 22 SECONDS EAST ALONG SAID WESTERLY RIGHT OF WAY LINE A DISTANCE OF 2648.56 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 36; THENCE SOUTH 00 DEGREES 10 MINUTES 08 SECONDS EAST ALONG SAID WESTERLY RIGHT OF WAY LINE A DISTANCE OF 1815.76 FEET TO A POINT ON THE SOUTHERLY LINE OF PROPERTY DESCRIBED IN DEED RECORDED AS DOCUMENT 92K54741; THENCE SOUTH 89 DEGREES 06 MINUTES 10 SECONDS WEST A DISTANCE OF 105.01 FEET; THENCE NORTH 00 DEGREES 10 MINUTES 08 SECONDS WEST ALONG A LINE 105 FEET WESTERLY OF AND PARALLEL WITH SAID WESTERLY RIGHT OF WAY LINE A DISTANCE OF 241.34 FEET; THENCE SOUTH 89 DEGREES 49 MINUTES 52 SECONDS WEST A DISTANCE OF 110.00 FEET; THENCE NORTH 00 DEGREES 10 MINUTES 08 SECONDS WEST ALONG A LINE 215 FEET WESTERLY OF AND PARALLEL WITH SAID WESTERLY RIGHT OF WAY LINE A DISTANCE OF 450.00 FEET; THENCE NORTH 89 DEGREES 49 MINUTES 52 SECONDS EAST A DISTANCE OF 180.00 FEET; THENCE NORTH 00 DEGREES 10 MINUTES 08 SECONDS WEST ALONG A LINE 35 FEET WESTERLY OF AND PARALLEL WITH SAID WESTERLY RIGHT OF WAY LINE A DISTANCE OF 368.85 FEET; THENCE SOUTH 89 DEGREES 49 MINUTES 52 SECONDS WEST A DISTANCE OF 15.00 FEET; THENCE NORTH 00 DEGREES 10 MINUTES 08 SECONDS WEST ALONG A LINE 50 FEET WESTERLY OF AND PARALLEL WITH SAID WESTERLY RIGHT OF WAY LINE A DISTANCE OF 756.09 FEET TO A POINT ON SAID


192

SOUTH LINE OF THE NORTHEAST QUARTER; THENCE SOUTH 88 DEGREES 53 MINUTES 14 SECONDS WEST ALONG SAID SOUTH LINE A DISTANCE OF 5.00 FEET; THENCE NORTH 00 DEGREES 19 MINUTES 22 SECONDS WEST ALONG A LINE 55 FEET WESTERLY OF AND PARALLEL WITH SAID WESTERLY RIGHT OF WAY LINE A DISTANCE OF 2648.16 FEET TO A POINT ON SAID NORTH LINE OF SECTION 36; THENCE NORTH 88 DEGREES 28 MINUTES 16 SECONDS EAST ALONG SAID NORTH LINE A DISTANCE OF 55.01 FEET TO THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS. SAID PARCEL CONTAINS 7.310 ACRES MORE OR LESS Orchard Road (U.S. Route 30 to Jericho Road) Parcel No: 0031-TE PARCEL DESCRIPTION THAT PART OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 38 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED BY COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE ON AN ASSUMED BEARING OF SOUTH 88 DEGREES 53 MINUTES 14 SECONDS WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER A DISTANCE OF 100.01 FEET; THENCE SOUTH 00 DEGREES 10 MINUTES 08 SECONDS EAST ALONG A LINE 50 FEET WESTERLY OF AND PARALLEL WITH THE WESTERLY RIGHT OF WAY LINE OF ORCHARD ROAD AS ESTABLISHED BY DOCUMENT 1322260 A DISTANCE OF 756.09 FEET; THENCE NORTH 89 DEGREES 49 MINUTES 52 SECONDS EAST A DISTANCE OF 5.0 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89 DEGREES 49 MINUTES 52 SECONDS EAST A DISTANCE OF 10.0 FEET; THENCE SOUTH 00 DEGREES 10 MINUTES 08 SECONDS EAST ALONG A LINE 35 FEET WESTERLY OF AND PARALLEL TO SAID WESTERLY RIGHT OF WAY LINE A DISTANCE OF 368.85 FEET; THENCE SOUTH 89 DEGREES 49 MINUTES 52 SECONDS WEST A DISTANCE OF 10.0 FEET; THENCE NORTH 00 DEGREES 10 MINUTES 08 SECONDS WEST ALONG A LINE 45 FEET WESTERLY OF AND PARALLEL TO SAID WESTERLY RIGHT OF WAY LINE A DISTANCE OF 368.85 FEET TO THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS. SAID PARCEL CONTAINS 0.085 ACRES, MORE OR LESS. Orchard Road (U.S. Route 30 to Jericho Road) Parcel: Uneconomic Remnant


193

PARCEL DESCRIPTION That part of the Southeast Quarter of Section 36, Township 38 North, Range 7 East of the Third Principal Meridian in Kane County, Illinois, described as follows: Commencing at a steel survey disk at the east quarter corner of said Section 36; thence on an assumed bearing of South 00 degrees 10 minutes 08 seconds East, 1,815.95 feet along the east line of said Southeast Quarter to a steel survey disk at the southerly line of property described in deed recorded as Document No. 92K54741; thence South 89 degrees 06 minutes 10 seconds West, 155.01 feet along said southerly line to the Point of Beginning; thence continuing South 89 degrees 06 minutes 10 seconds West, 232.75 feet to an iron pipe at the perpetuation of an old fence corner; thence North 14 degrees 51 minutes 54 seconds West, 717.78 feet along a westerly line described in said deed; thence North 89 degrees 49 minutes 52 seconds East, 304.82 feet; thence South 00 degrees 10 minutes 08 seconds East, 450.00 feet along a line 215.00 feet westerly of and parallel with the westerly right-of-way of Orchard Road as established by Document No. 1322260; thence North 89 degrees 49 minutes 52 seconds East, 110.00 feet; thence South 00 degrees 10 minutes 08 seconds East, 241.34 feet along a line 105.00 feet westerly of and parallel with said westerly right-of-way line to the Point of Beginning. Said parcel contains 4.016 acres, more or less.

### No questions or discussion. Roll call on Consent Agenda ((#11-47, #11-48, #11-49, #11-50, #11-51, #11-52, #11-53, #11-54, #11-55, #11-56, #11-57, #11-58, #11-59, #11-60, #11-61, #11-62, #11-63, #11-64, #11-66, #11-67, #11-68, #11-69, #11-70, #11-71, #11-72, #11-73, #11-74, #11-75, #11-76, #11-77, #11-78, #11-79, #11-80, #11-81, #11-82) as follows: AYES: Allan, Auger, Castro, Collins, Davoust, Donahue, Ford, Frasz, Haley, Hurlbut, Kenyon, Kunkel, Lewis, Lindgren, Mihalec, Mitchell, Molina, Reyna, Silva, Smith, Taylor, Tredup, Van Cleave, Vazquez, Wojnicki NAYES: None ABSTAIN: None AYES: 25 NAYS: 0 ABSTAIN: 0 CONSENT AGENDA ADOPTED. RESOLUTION #11-65 Motion by Hurlbut second by Vazquez that Resolution #11-65 be adopted.

APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ILLINOIS FOR THE RURAL SIGN UPGRADE PROGRAM KANE COUNTY SECTION NO. 11-00000-00-SG

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


desire to cooperate among themselves to make improvements to upgrade various traffic signs throughout the County (hereinafter referred to as the “Improvement”); and

WHEREAS, the County and the State desire to undertake the Improvement at an estimated cost

of $40,000.00 subject to one hundred percent (100%) reimbursement from HSIP/HRRRP funds; 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


194

WHEREAS, the Improvement will involve the following agencies: the Village of Big Rock, the Village of Virgil, the Big Rock Road District, the Burlington Road District, the Campton Road District and the Virgil Road District. 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 the Improvement.

### AYES: Allan, Auger, Castro, Collins, Davoust, Donahue, Ford, Frasz, Haley, Hurlbut, Kenyon, Kunkel, Lewis, Lindgren, Mihalec, Mitchell, Molina, Reyna, Silva, Smith, Taylor, Tredup, Van Cleave, Vazquez, Wojnicki NAYES: None ABSTAIN: None AYES: 25 NAYS: 0 ABSTAIN: 0 RESOLUTION #11-65 IS ADOPTED.

RESOLUTION #11-83 Motion by Lewis second by Kunkel that Resolution #11-83 be adopted.

REPEALING SEC. 2-196(a) OF THE KANE COUNTY CODE AND REPLACING IT WITH A NEW SEC. 2-196(a)

(DEPOSITORIES FOR FUNDS OF COUNTY TREASURER/COLLECTOR)

WHEREAS, David J. Rickert, Treasurer and ex-officio Collector of the County of Kane, State of Illinois, pursuant to Statutory authority, has requested this County Board to designate a bank, banks or other depository in which the funds or monies in his custody as County Treasurer and ex-officio Collector of this County may be deposited. NOW, THEREFORE, BE IT ORDAINED by the Kane County Board that Section 2-196(a) of the Kane County Code shall be repealed and that it is hereby replaced with a new Sec. 2-196(a) which shall read as follows: Sec. 2-l96. Depositories for funds of the County Treasurer/Collector. (a) The following are hereby designated depositories for County Funds and monies which are in custody of David J. Rickert, Treasurer and ex-officio County collector of the County of Kane:

AURORA TOWNSHIP

Associated Bank Banco Popular Bank of America Bank of Montgomery Fifth Third Bank First American Bank First Bank FirstMerit Bank Fox Valley Credit Union Harris Bank JP Morgan Chase Bank Kane County Teacher’s Credit Union Marquette Bank MB Financial Old Second Bank Corp


195

PNC Bank U.S. Bank West Suburban Bank

BATAVIA TOWNSHIP

American Bank & Trust Bank of America Fifth Third Bank Harris Bank JP Morgan Chase Bank Old Second Bank Corp PNC Bank

GENEVA TOWNSHIP

American Bank & Trust Bank of America Fifth Third Bank First American Bank First Choice Bank Harris Bank JP Morgan Chase Bank Kane County Teachers Credit Union Old Second Bank Corp St. Charles Bank & Trust State Bank of Geneva The Private Bank & Trust U.S. Bank

ST. CHARLES TOWNSHIP

American Bank & Trust Bank of America Fifth Third Bank First American Bank First Choice Bank First Community Bank of Joliet Harris Bank JP Morgan Chase Bank


196

ST. CHARLES TOWNSHIP

MB Financial Old Second Bank Corp PNC Bank RBS Citizens Charter One St. Charles Bank & Trust The Private Bank & Trust Co. U.S. Bank West Suburban Bank

BLACKBERRY TOWNSHIP

American Bank & Trust Fifth Third Bank National Bank & Trust of Sycamore Old Second Bank Corp

ELGIN TOWNSHIP

American Eagle Bank Associated Bank Bank of America Elgin State Bank Fifth Third Bank First American Bank First Chicago Bank & Trust First Community Bank First Federal Savings Bank Harris Bank JP Morgan Chase Bank Kane County Teachers Credit Union Old Second Bank Corp PNC Bank RBS Citizens Charter One State Bank of Illinois THE National Bank Union National Bank U.S. Bank West Suburban Bank

DUNDEE TOWNSHIP

Bank of America Fifth Third Bank First American Bank Harris Bank DUNDEE TOWNSHIP (cont) PNC Bank


197

Parkway Bank The Private Bank & Trust Co. U.S. Bank

HAMPSHIRE TOWNSHIP

Citizens First National Fifth Third Bank First American Bank Old Second Bank Corp

SUGAR GROVE TOWNSHIP

American Heartland Bank & Trust Castle Bank JP Morgan Chase Bank Old Second Bank Corp

RUTLAND TOWNSHIP

Castle Bank Citizens First National Harris Bank JP Morgan Chase Bank PNC Bank

KANEVILLE/VIRGIL TOWNSHIP

American Bank & Trust Old Second Bank Corp

BURLINGTON TOWNSHIP

Old Second Bank Corp

OTHERS

Suburban Bank & Trust Company Vining Sparks IBG, L.P. The Illinois Funds JP Morgan Chase Bank Official Payment Corp.

### Roll Call as follows: AYES: Allan, Auger, Castro, Collins, Davoust, Donahue, Ford, Frasz, Haley, Kunkel, Lewis, Mihalec, Mitchell, Molina, Reyna, Silva, Smith, Taylor, Tredup, Van Cleave, Vazquez,


198

Wojnicki NAYES: None ABSTAIN: Hurlbut, Kenyon, Lindgren AYES: 22 NAYS: 0 ABSTAIN: 3 RESOLUTION #11-83 IS ADOPTED. RESOLUTION #11-84-TABLED-RETURNED TO PUBLIC HEALTH COMMITTEE Motion by Mihalec, second by Kenyon that Resolution #11-84 be adopted.

RESOLUTION OPPOSING A CERTIFICATE OF NEED FOR PROJECT 10-090 (CENTEGRA HOSPITAL-HUNTLEY, KANE COUNTY)

WHEREAS, Sherman Hospital and Provena St. Joseph Hospital are partners in efforts

to enable the health of our constituents, especially those in the northern third of the county; and

WHEREAS, Sherman Hospital and Provena St. Joseph have recently completed major investments in their facilities; and

WHEREAS, Sherman Hospital’s new $325 million medical center opened at the end of 2009 at Randall Road and Interstate 90, a location selected, in part, for its convenient access for McHenry County residents. Its specialty care services include advanced heart care, comprehensive cancer care and stroke care. Sherman Hospital is the Number 1 health care provider for nearly all of the communities Centegra is targeting, including Huntley; and

WHEREAS, Provena St. Joseph recently dedicated millions of dollars to improve its facility. The result of those improvements is a new four-story bed tower in the hospital with 99 private patient rooms. Beyond the services Centegra proposes to provide in Huntley, Provena provides comprehensive psychiatric and rehabilitation services and other specialized care; and

WHEREAS, both hospitals have capacity to serve additional patients and, in fact, need to add patients in order to operate efficiently and to service the debt associated with the building projects they just completed; and

WHEREAS, Sherman Hospital and Provena St. Joseph Hospital are major employers in the region, with combined employment of over 2,500 people; and

WHEREAS, part of our mission within our County Development and Community Services Department is the development and maintenance of land use and other plans for the county and the enforcement of such ordinances as they are designed to promote orderly growth of the county as well as the public health and general welfare, and to conserve the values of property throughout the county; and

WHEREAS, Centegra Health System is requesting a Certificate of Need from the Illinois Health Facilities and Services Review Board for a new 128-bed hospital in Huntley, just over the Kane County border in McHenry County. The new hospital will have all private rooms, a full-service emergency department, and non-invasive cardiology services; and

WHEREAS, the County believes that this proposal creates an unnecessary duplication of services. Northern Kane County and southern McHenry County already has 6 hospitals that serve the area and have a surplus of open hospital beds to care for more patients. Because of


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the I-90 access at Huntley, access to the Sherman Hospital and Provena St. Joseph Hospital is comparable with that of the site of the proposed Centegra hospital; and

WHEREAS, when the Illinois Health Facilities and Services Review Board approved the recent investments in facilities by Sherman and Provena, Provena and Sherman were required to serve the residents of the northern Fox Valley – including southern McHenry County; and

WHEREAS, Sherman and Provena are regional medical centers, and the hospital proposed by Centegra is a basic hospital providing limited services. Sherman and Provena both offer advanced heart care, comprehensive cancer care, and stroke care. If any patients needing advanced care were to arrive at Centegra, they would have to be transferred to a regional medical center such as Sherman or Provena; and

WHEREAS, with the economic downturn, the banking crisis, and the housing market crisis, current population growth projections for the northwestern portion of Kane County and southern McHenry County, such as those being promoted by Centegra, need to be adjusted downward; and

WHEREAS, State records show the demand for inpatient services in the region has been stable, with almost no increased utilization in any category of inpatient care from 2007 to 2009 in the areas within 30 minutes of this proposed hospital; and

WHEREAS, a CON is a “certificate of need” issued by the State of Illinois. A CON permits construction or modification projects to health care facilities. To obtain a CON, an organization must justify that a proposed project is needed and financially and economically feasible; and

WHEREAS, adding a hospital in Huntley would only weaken the regional health case

system in Elgin and the surrounding areas. There is not enough demand for Centegra’s proposed hospital. It could draw patients away from existing facilities and make it difficult for existing providers like Sherman and Provena to offer comprehensive care; and

WHEREAS, the unemployment rate in Kane County, while it has improved, is still high, unnecessary infrastructure and services could affect the viability of Sherman and Provena.

NOW, THEREFORE, BE IT RESOLVED that herby the Kane County Board urges the rejection by the Illinois Health Facilities and Services Review Board of the requested Certificate of Need for Project #10-090 (Centegra Hospital – Huntley).

BE IT FURTHER RESOLVED that the Chairman of the Kane County Board is hereby

authorized and directed to transmit a certified copy of this Resolution to the Illinois Health Facilities and Services Review Board.

### Kenyon made the motion to table this resolution, second by Donahue. Kenyon said that this resolution did not go to committee last month. Chairman said that this is not debatable and the matter is time sensitive. Chairman said that she will ask it to be put on the committee’s calendar. Roll Call on motion to TABLE as follows: AYES: Allan, Auger, Castro, Collins, Davoust, Donahue, Ford, Frasz, Haley, Hurlbut, Kenyon, Kunkel, Lewis, Lindgren, Mihalec, Mitchell, Molina, Reyna, Silva, Smith, Taylor,


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Tredup, Van Cleave, Vazquez, Wojnicki NAYES: None ABSTAIN: None AYES: 25 NAYS: 0 ABSTAIN: 0 RESOLUTION #11-65 IS SENT TO PUBLIC HEALTH COMMITTEE. Chairman said that she is allowing the people signed up to speak on Resolution #11-84. SPEAKERS Mike Easley CEO of Centegra thanked the County Board for considering this project of bringing a full level trauma center to Kane County. He said he is very excited about it and this would service Woodstock and McHenry County. Harry Leopold of Huntley IL on his own behalf. He stated as a Village Board Member of Huntley the building issues have doubled and Centegra Hospital would serve the adult community of Sun City. He asked the Board to consider this and he is in favor of the Centegra Hospital building in Huntley, IL. Rick Floyd on behalf of Sherman Hospital in Elgin said he did not believe the area needed more hospital beds. Sherman Hospital has invested a large amount in the two Kane County hospitals already. When Sherman Hospital was built they took into account the service area of Huntley. Huntley is an affluent area and Sherman Hospital receives 30 cents on the dollar. He said a new hospital will have a negative impact. APPOINTMENTS Motion by Frasz second by Castro that the 911 Appointments be approved.

KANE COUNTY BOARD APPOINTMENTS

March 8, 2011 E -9-1-1 Telephone System Board (terms expire September 30, 2011 1. City of Aurora: Greg Thomas, Aurora Police Chief 2. City of Batavia: Gary Schira, Batavia Police Chief 3. City of Geneva: Steve Olson, Geneva Fire Chief (replc. J. Bleck) 4. City of St. Charles: James Lamkin, St. Charles Police Chief 5. Village of Montgomery: Dennis Schmidt, Montgomery Police Chief 6. Village of North Aurora: Thomas Fetzer, North Aurora Police Chief 7. Village of Sugar Grove: Brad Sauer, Sugar Grove Police Chief 8. Sheriff’s Designee: Jennifer Baustian, Director of E-911 9. Chairman’s Appointee: Roger Fahnestock, Exec. Director of I.T.D. 10. Public Member: Mike Fagel, Homeland Security, Argonne Laboratory

### Motion carried unanimously by voice vote. 911 APPOINTMENTS ARE APPROVED. Kenyon announced the 4-H Pork Chop Dinner will be held on April 9, 2011 and to contact Mr. Hankes for information and tickets.


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EXECUTIVE SESSION Motion by Kunkel second by Ford, 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 10:40 a.m. The Board resumed regular session at 11:08 a.m. ADJOURNMENT There being no further business, motion by Lindgren; second by Vazquez, that the meeting stand adjourned until the next regularly scheduled meeting. Motion carried unanimously by voice vote. Chairman McConnaughay adjourned the meeting at 11:20 a.m.

### 4-H CLUB GOVERNMENT DAY MOCK DEBATE Chairman McConnaughay introduced Veronica Riva who presided over the Mock Debate regarding childhood obesity. Discussion follows. Motion was made to table the discussion to eliminate vending machines bad food choices to healthier one and that a committee be formed to study the matter and bring its recommendations to the 4-H Club meeting. Motion carries. Meeting adjourned.

kane county board...2011/03/08 · county board minutes – march 8, 2011 124 the adjourned meeting...

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