COUNTY BOARD MINUTES – November 8, 2005 TABLE OF

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COUNTY BOARD MINUTES – November 8, 2005TABLE OF CONTENTSCOUNTY BOARD MEETING – November 8, 2005MINUTE APPROVAL .330SPEAKERSRussell Golland .330Tina Yagla .330PRESENTATIONSRegional Transportation Authority – FY2006 Budget .330In Memoriam for Rosa Lee parks: Res. #05-366 .331Impact Fee Appeal .332ZONING PETITIONS#4063-Virgil Township (Salvatore Caputo, et ux) .333#4068-Kaneville Township (Ronald Flint, et ux) .334#4069-Kaneville Township (Steve Pitstick, et ux) .335#4071-Hampshire Township (Stevenson Associates, LLC-Landmark Subdivision) .336RESOLUTIONS AND ORDINANCES#05-367-Adopting the Annual Appropriations .337#05-368-Adopting a Tax Levy for the General Fund.338#05-369-Adopting a Tax levy for the Illinois Municipal Retirement Fund .338#05-370-Adopting a Tax Levy for the Social Security Fund.339#05-371-Adopting a Tax Levy for the Insurance Liability Fund.339#05-372-Adopting a Tax Levy for the County Highway Fund .340#05-373-Adopting a Tax Levy for the County Bridge Fund.340#05-374-Adopting a Tax Levy for the County Highway Matching Fund.341#05-375-Adopting a Tax Levy for the Kane County Health Fund .341#05-376-Adopting a Tax Levy for the Veterans Commission Fund .342#05-377-Adopting a Tax levy for the Mill Creek Special Service Area.342#05-378-Adopting a Tax Levy for the Bowes Creek Special Service Area .343#05-379-Janitorial Services .344#05-380-Purchase/Installation of Air Conditioning System, Gov’t center – Data Center .344#05-381-Lease of Fiber Optic Serv to Aurora Health Dept and Ext. of Internet Serv Agrmnt .345#05-382-Network Appliance Storage Expansion .345#05-383-Extending 9 Cable TV Franch Agrmnt: 8 w/Subs of Comcast Corp and 1 w/Mediacom 346#05-384-Ordinance Proposing Establishment of the Prairie Wood Estates SSA #SW-21.347#05-385-Amendment to Ord Proposing Establishment of Landmark SSA #SW-20.351#05-386-Adoption of Revised Schedule of Fees for the KC Stormwater Ordinanance.352#05-387-Approving an Annual Operations and Maintenance Fee for Stream and Rain Gages .354#05-388-Approving the Execution of a Comm Rating Syst App for Flood Ins Reduction in KC.355#05-389-Approving Project Expenditures for the Brewster Creek Stream Restoration Project.356#05-390-Settlement of a Claim (Claim No. 04WC014555) .357328

COUNTY BOARD MINUTES – November 8, 2005#05-391-Approving a Litigation Settlement (Parsons Engineering) .357#05-392-Animal Control Fees-Aurora.358#05-393-Confirming the Size of the Proposed Adult Justice Center.371#05-394-Draft-Contract for Prof Serv (Adult Correctional Facility-Construction Manager) .372#05-395-Professional Services-appointment of Bond Counsel.374#05-396-Payment of Insurance Premium and Service Agreement to Wine Sergi & Co. LLC .358#05-397-Accepting Proposal to Perform External Adult (Wermer, Rogers, Doran & Ruzon LLC) 360#05-398-Amending the 2005 Fiscal Year Budget (Sheriff’s Office) .360#05-399-Resolution to Amend the County of Kane Deferred Compensation Plan .361#05-400-Accepting Obligation Due IMRF (Angela Walk).361#05-401-Protocol to Address an Indoor Environmental Concern.362#05-402-Agreement for Vending Machine Supplies and Services.362#05-403-Elgin Office Lease .363#05-404-Medical Services (Juvenile Justice Center) .363#05-405-Authorizing Intergvrnmntl Agrmnt for Juvenile Detention/Adult Beds w/McHenry Co.364#05-406-Authorization to Apply for Grants and Enter into Grant Agreements .364#05-407-Appropriation for Right-of-Way, Randall Rd/I-90, Kane Co Sect #96-00203-09-GS.365#05-408-No Lead Gasoline & Diesel Fuel, Kane Co DOT (RFP-S01-Gasoline-05) .366#05-409-Est Public Hearing Date-Land Use Assumptions Assoc w/Imposition of Impact Fees .367#05-410-Approve Agreement w/Western Surveying & Engineering/Prof Land Survey Asstnc .367#05-411-Reimb Agrmnt w/Nicor Gas-Relo of Utlty, Randall Rd/IL64, KC Sec#99-00243-00-PV .368#05-412-2006 Traffic Signal & Roadway Lighting Maintenance .368#05-413-Approving Alteration of Statutory Speed Limits (Kane County) .369#05-414-Supp Approp for Right-of-Way Acq, Dundee Pk Dist-Longmeadow Pkw Bridge Corr.375#05-415-Authorizing the Salary of the County Engineer.370#05-416-Salary of the County Engineer (Section: 06-CS089-00AC) .370329

COUNTY BOARD MINUTES – November 8, 2005The Adjourned Meeting of the Kane County Board was held at the Kane County GovernmentCenter, Geneva, IL at 9:50 a.m. on Tuesday, November 8, 2005 Chairman, KarenMcConnaughay, John A. Cunningham, Clerk.Roll call as follows: PRESENT: Allan, Barrett, Carlson, Davoust, Fox, Greviskes, Griffin,Holmes, Hoscheit, Hurlbut, Jones, Kenyon, Kissane, Kudlicki, Kunkel, McConnaughay,Mitchell, Neuberger, Noverini, Sanchez, Tredup, Van Cleave, Van Overmeiren, Wojnicki,Wolfe, Wyatt ABSENT: None PRESENT: 26 ABSENT: 0APPROVAL OF MINUTESMotion by Kenyon; second by Van Cleave, that minutes of the October 11, 2005meeting be approved. Carried unanimously by voice vote.SPEAKERSRussell Golland of JOIN Group gave a brief update on the group’s involvement. They are nowworking to put a referendum on the March 21 ballot. They want the citizens to make thechoice on the new jail. Currently have 5,000 signatures with early January as the goal tosubmit the 8,700 signatures needed.Tina Yagla of JOIN Group discussed the need for a new master plan of the proposed jail.Discussion included the need to follow a mandate that no building being taller than the currentcourthouse. This will help predict the square footage of the proposed jail in order to house thenecessary functions of the jail. It was pointed out the jail was proceeding under the premise ofsaving transportation cost. The NIC recommendations need to be reviewed. Also discussedthe bed count and ratio of male to female occupancy.PRESENTATIONSFred Norris provided the FY2006 Budget Report for the RTA. Public Transportation takes ongreater significance as we watch the congestion in our region increasing. It represents avaluable investment delivering a very positive impact on the entire region. Publictransportation supports job creation, per capita income growth while reducing trafficcongestion, fuel consumption and air pollution improving the quality of life. Discussioncontinued. State Law requires the RTA to adopt an annual operating budget that balances.December 16, 2005 there will be a meeting for the adoption of the budget. Discussioncontinued. Jones thanked Norris for his work along Randall Road and requested they review abus stop at Randall and Sutherland. Norris will discuss with his staff and fine-tune the busstops to make them safe. Van Overmeiren indicated she and Davoust were invited to theribbon cutting. Was pleased with the new buses as well as the size of the busses being 15and 30 passengers versus 40 passengers. Norris indicated additional money was receivedand PACE will take over auxiliary services to help with disabled passengers.330

COUNTY BOARD MINUTES – November 8, 2005RESOLUTION #05-366Motion by Jones; second by Greviskes that #05-366 be adopted.HONORING ROSA LEE PARKSWHEREAS, Civil Rights Pioneer Rosa Lee Parks passed away October 24, 2005 inDetroit, Michigan at the age of 93 years; andWHEREAS, Rosa Lee Parks has been called the “Mother of the Civil RightsMovement;” andWHEREAS, Rosa Lee Parks, by a simple act of defiance on December 1, 1955 inrefusing to yield her seat on a bus in Montgomery, Alabama inspired the bus boycott thatinitiated the civil rights revolution in America and brought Dr. Martin Luther King, Jr. to nationalprominence; andWHEREAS, Rosa Lee Parks was fined 14.00 and jailed for her act of civildisobedience to an unjust and discriminatory law; and331

COUNTY BOARD MINUTES – November 8, 2005WHEREAS, by Resolutions of the United States Senate and House of Representativesthe earthly remains of Rosa Lee Parks have lain in state in the U.S. Capitol Rotunda, the firstwoman in our nation’s history to be so honored and commemorated; andWHEREAS, Rosa Lee Parks’ life demonstrates that one determined person can changethe course of a nation and its history; andWHEREAS, it is fitting that the people of Kane County through their electedrepresentatives should honor the memory of Rosa Lee Parks, whose funeral will take place onNovember 2, 2005.NOW, THEREFORE, BE IT RESOLVED by the Kane County Board as follows:Section 1. The facts and statements in the preamble to this Resolution are herebyfound by the County of Kane to be true and correct and are hereby incorporated as part of thisResolution.Section 2. The Kane County Board and its Executive Committee on behalf of thepeople of Kane County do hereby honor the life and memory of Rosa Lee Parks and shall onthe occasion of its convening on November 8, 2005 observe a moment of silence in memory ofthe seamstress whose life had such a significant impact on both our nation’s history and future.###Jones commented to not doubt that one person can change the world. One single act ofdefiance to an unjust law reverberated from Alabama to the Halls of Congress to around theworld. We owe it to the memory of Rosa Parks to continue the fight for true racial equality.Greviskes discussed what Rosa Lee Parks accomplished over 50 years time. Discussioncontinued. Jones honored the Board by reading the resolution.Chairman McConnaughay provided a moment of silence to commemorate Rosa Lee Parks.No further discussion or comments. Roll Call on Resolution #05-366 as follows: AYES: Allan,Barrett, Carlson, Davoust, Fox, Greviskes, Griffin, Holmes, Hoscheit, Hurlbut, Jones, Kenyon,Kissane, Kudlicki, Kunkel, McConnaughay, Mitchell, Neuberger, Noverini, Sanchez, Tredup,Van Cleave, Van Overmeiren, Wojnicki, Wolfe, Wyatt NAYES: None AYES: 26 NAYES: 0RESOLUTION #05-366 ADOPTED.IMPACT FEE APPEALBill Chesbrough, Attorney for Transportation Department, explained process on Impact Fee.Gave history of Lewis Appeal with the Board and responsibilities under the Ordinance.Regarding the Boards options to affirm, reverse or modify Transportation’s decision, it isChesbrough’s opinion the County Board should affirm or reverse the decision.Brian O’Connor, Attorney for Dr. Lewis, asked the Board to reverse the decision of theTransportation Committee in denying Dr. Lewis’ appeal on the imposition of transportationimpact fees in the particular set of circumstances in his situation. Discussion continued. Dr.Mark Lewis addressed the Board. Discussion continued. Chairman McConnaughayresponded to Barrett’s question regarding the fact that the current business location is not332

COUNTY BOARD MINUTES – November 8, 2005being torn down but will have new occupants. Greviskes asked if the review of impact feeswas in the near future to which Carlson responded it was some time in the future.Motion by Carlson; second by Wolfe to deny the appeal. No further questions ordiscussion. Motion carried by unanimous voice vote. APPEAL DENIED.ZONING PETITIONSZONING PETITION #4063(Virgil Township, Salvatore Caputo, et ux)Motion by Hurlbut; second by Kudlicki, that #4063 be granted.ORDINANCE AMENDING THEZONING ORDINANCE OF KANE COUNTY, ILLINOISBE IT ORDAINED by the County Board of Kane County, Illinois, as follows:1) That the following described property is hereby rezoned and reclassified from F DistrictFarming to F1 District- Rural Residential:Northerly Parcel: That part of the South Half of the Northwest Fractional Quarter ofSection 7, Township 40 North, Range 6 East of the Third Principal Meridian describedas follows: Commencing at the southwest corner of said Northwest Fractional Quarter;thence northerly along the west line of said Quarter 690.0 feet; thence easterly parallelwith the south line of said Quarter 315.0 feet for a point of beginning; thence westerlyalong the last described course 315.0 feet to said west line; thence northerly along saidwest line 391.44 feet; thence easterly parallel with the north line of said South Half32.50 feet; thence northerly at right angles to the last described course 40.0 feet; thenceeasterly at right angles to the last described course 392.50 feet; thence southerly atright angles to the last described course 215.0 feet; thence southwesterly 247.46 feet tothe point of beginning (excepting therefrom the southerly 201.0 feet thereof asmeasured along said west line), in Virgil Township, Kane County, Illinois and containing2.227 acres.Southerly Parcel: The southerly 201.0 feet (as measured along the west line thereof) ofthat part of the South Half of the Northwest Fractional Quarter of Section 7, Township40 North, Range 6 East of the Third Principal Meridian described as follows:Commencing at the southwest corner of said Northwest Fractional Quarter; thencenortherly along the west line of said Quarter 690.0 feet; thence easterly parallel with thesouth line of said Quarter 315.0 feet for a point of beginning; thence westerly along thelast described course 315.0 feet to said west line; thence northerly along said west line391.44 feet; thence easterly parallel with the north line of said South Half 32.50 feet;thence northerly at right angles to the last described course 40.0 feet; thence easterly atright angles to the last described course 392.50 feet; thence southerly at right angles tothe last described course 215.0 feet; thence southwesterly 247.46 feet to the point ofbeginning, in Virgil Township, Kane County, Illinois and containing 1.698 acres.333

COUNTY BOARD MINUTES – November 8, 20052) 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 approvedas provided by Law.###John Thornhill, agent for the petitioner present and available to answer questions. There wereno questions or discussion. Carried unanimously by voice vote. ZONING PETITION #4063GRANTED.ZONING PETITION #4068(Kaneville Township, Ronald Flint, et ux)Motion by Hurlbut; second by Carlson, that #4068 be granted.ORDINANCE AMENDING THEZONING ORDINANCE OF KANE COUNTY, ILLINOISBE IT ORDAINED by the County Board of Kane County, Illinois, as follows:1) That the following described property is hereby rezoned and reclassified from F DistrictFarming to F1 District- Rural Residential:That part of the northeast quarter of Section 17, Township 39 north, Range 6 andnorthwest quarter of Section 16, Township 39 north, Range 6, east of the Third PrincipalMeridian. In the Township of Kaneville, Kane County, Illinois, further described asfollows: commencing at a iron pipe found making the southwest corner of the southeastquarter of the southeast quarter of the northeast quarter of Section 17; thence north 87 52’ 02” east along the south line of said southeast quarter, 661.89 feet to the southwestcorner of the northeast quarter of Section 17, for a point of beginning, thence south 00 00’ 00” east along the east line of said Section 17, 15.00 feet; thence North 87 25’ 02”east, parallel with the south line of the northeast quarter of Section 17, 190.99 feet;thence north 00 00’ 00” west, parallel with the east line of Section 17, 331.00 feet;thence north 61 01’ 46” west 59.87 feet; thence north 03 08’ 53” east, 341.14 feet for apoint of curvature on the center line of the highway (Harter Road); thence on the arc ofa curve to the left having a radius of 350 feet, 40.04 feet; thence south 03 08’ 53” west,295.80 feet for a point of curvature; thence on the arc of a curve to the right having aradius of 120 feet; 161.30 feet; thence south 87 52’ 02” west, parallel with the southline of the northeast quarter of said Section 17, 121.91 feet; thence south 00 00’00”west, parallel with the east line of said Section 17, 140.79 feet; thence north 87 52’02” east, parallel with the south line of said northeast quarter, 121.91 feet; thence south00 00’ 00” west, along the east line of Section 17, 149.88 feet to the point ofbeginning.2) That the zoning maps of Kane County, Illinois, be amended accordingly.334

COUNTY BOARD MINUTES – November 8, 20053) This ordinance shall be in full force and effect from and after its passage and approvedas provided by Law.###No agent for the petitioner was present and available to answer questions. No questions ordiscussion. Carried unanimously by voice vote. ZONING PETITION #4068 GRANTED.ZONING PETITION #4069(Kaneville Township, Steve Pitstick, et ux)Motion by Hurlbut; second by Carlson, that #4069 be granted.ORDINANCE AMENDING THEZONING ORDINANCE OF KANE COUNTY, ILLINOISBE IT ORDAINED by the County Board of Kane County, Illinois, as follows:1) That the following described property is hereby rezoned and reclassified from F DistrictFarming to F1 District- Rural Residential:That part of the Northeast Quarter of Section 9, Township 39 North, Range 6 East of theThird Principal Meridian, described as follows: Beginning at the southeast corner of Lot11 in Kaneland Estates; thence Easterly along the south line of said Kaneland Estates66.03 feet to the southwest corner of Lot 10 of said Kaneland Estates; thence southerlyat an angle of 90 50’ 21” measured clockwise from said south line, 705.11 feet; thenceeasterly at right angle to the last described course, 195.82 feet; thence southerly at rightangle to the last described course, 650.00 feet; thence westerly at right angle to the lastdescribed course, 510.0 feet; thence northerly at right angle to the last describedcourse, 650.00 feet; thence easterly at

#05-382-Network Appliance Storage Expansion.345 #05-383-Extending 9 Cable TV Franch Agrmnt: 8 w/Subs of Comcast Corp and 1 w/Mediacom 346 . #05-396-Payment of Insurance Premium and Service Agreement to Wine Sergi & Co. LLC.358 #05-397-Accepting Proposal to Perform Exte