STATE OF ILLINOIS ) COUNTY OF LASALLE ) The LaSalle County Board met pursuant to recess at the Governmental Complex, Ottawa, Illinois, on the second Thursday of January, A.D., 2005 it being the 13th day thereof. This meeting is the third meeting of our December 2004 Session. Chairman Dougherty called the meeting to order at 1:00 P.M. At this time Chairman Dougherty called for a moment of silence for the victims of the Tsunami. Chairman Dougherty stated, “It would be wonderful if we all could remember to send our contributions in to these different funds that are worthwhile for these victims. We can’t do it as a County Board, but we can do it as individuals. So I encourage all of our members to send in your donations. There are a lot of organizations out there that will accept them.” Chairman Dougherty asked the Clerk to call the roll for mileage & per diem. PRESENT: 28 Members ABSENT: Mr. Boe There were 26 ayes claiming mileage. Motion by Mr. Foltynewicz to approve the roll call for mileage and per diem, second by Mr. Landers. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 150, PAGE 56 th Chairman Dougherty called for any additions or corrections to the December 6 , 2004 minutes. Motion by Mr. Jakupcak to approve the December 6th, 2004 minutes as presented, second by Mr. Flanagan. Voice vote, all ayes. Motion carried. Chairman Dougherty called for any additions or corrections to the December 16th, 2004 minutes. The Clerk stated that there was a typo on Page 4, under Resolution (#04-164). The word “resolution” was omitted. It should read, “A resolution was submitted” and not “A was submitte”. Motion by Mr. McConville to approve the December 16th, 2004 minutes as corrected, second by Mr. Myers. Voice vote, all ayes. Motion carried.

LaSalle County Board Minutes – January 13, 2005 STUDENT EXCELLENCE AWARD Mr. Joe Marini, representing the Regional Office of Education, introduced the two students who were awarded the Student Excellence Awards; from St. Patrick School in LaSalle, Sarah Ebener; and from St. Stephen School in Streator, Alissa Kirchner. Both students were presented with an award plaque from Chairman Dougherty and were applauded by the Board. CITIZEN COMMENTS Stephen Carlson, resident of Mendota, addressed the Board stating, “The topic I submitted was truth and politics. We don’t get anywhere if we don’t deal with the truth. We don’t know what we are talking about otherwise. We’re not able to communicate. The one thing that we should be able to agree on is the truth.” Mr. Carlson further stated, “There was a lot of misinformation on the direct election of the chairman of the county board. Information was spread by individuals, and also spread by the press and the media. Some people are not happy with the results of that election, or that referenda. It does not matter how that item got on the ballot. That is irrelevant. The one thing it took was a lot of hard work and eight thousand plus signatures to put it on there. It’s an opportunity for us to go ahead. That was brought forward to the November meeting. At the December meeting, because there seems to be some confusion, as to whether this is binding or not, and whether anything will be done or not, I brought forward a resolution and asked that some member introduce this under new business at the end of the meeting. No one did so. It was argued that it was not on the agenda and no action could be taken even referring it to committee. So I spoke to the committee chairman and asked that it be put on the agenda for that meeting so that it might be considered and brought back forth to this meeting for consideration. I want to see this confusion ended. I want to see the matter resolved. I think the people have spoken clearly. And the board is obligated to take some action. The committee chairman failed to put the resolution on the agenda. I was on the agenda. The resolution was not. Technically I agreed that no action could by taken on this. I was cross examined by members of that committee for forty-five minutes.” Mr. Carlson briefly played a recording of the public forum that was held by the League of Women Voters in Edwardsville, IL on October 28th, 2004 between the two Madison County Board Chairman candidates who answered submitted questions by the audience including Mr. Carlson.

LaSalle County Board Minutes – January 13, 2005 Mr. Carlson shared one of his questions which he thought was relevant to what was going on in LaSalle County, and with answers that would be of interest to people here, “Is a directly elected chairman likely to be controlled by special interests?” Mr. Carlson stated, “You all seem to be afraid that the Landowner’s are going to control your chairman. That was why I put this question there.” At this time Mr. Carlson reported further on the county board chairman candidates forum in Madison County. SEE RECORD BOOK 150, PAGE 57 RESOLUTION: #05-01 (#05-01) COUNTY HIGHWAY A resolution was submitted for the 2005 County Highway System Bridge and Culvert Improvements. Motion by Mr. Flanagan to approve the resolution, second by Mr. Landers. Roll call vote; 24 ayes, 4 absent. Motion carried. SEE RECORD BOOK 150, PAGE 58-60 RESOLUTION: #05-02 (#05-02) COUNTY HIGHWAY A resolution was submitted for the 2005 County Highway Improvement Program. Motion by Mr. Kaminky to approve the resolution, second by Mr. Jordan. Roll call vote; 25 ayes, 3 absent. Motion carried. SEE RECORD BOOK 150, PAGE 61-65 ORDINANCE: #04-24 (#05-03) AMENDMENT TO THE LASALLE COUNTY SUBDIVISION REGULATIONS ODINANCE An ordinance was re-submitted after being postponed for voting last month, stating that the amount of the fee to the County for the submittal of a preliminary plat of a subdivision or resubmission under this ordinance shall be $50.00 for each lot within the subdivision, with a minimum fee of $500.00. $100.00 for each lot within the subdivision with a minimum fee of $1,000.00. These Ordinance amendments to the LaSalle County Subdivision Regulations Ordinance shall be in force and effect upon its passage and ten (10) days after it is published in Pamphlet form. Motion by Mr. Treschak to approve the ordinance, second by Mr. Jakupcak. Voice vote, all ayes. Motion carried.

LaSalle County Board Minutes – January 13, 2005 SEE RECORD BOOK 150, PAGE 66-69

RESOLUTION: #05-01 (#05-04) VARIANCE TO THE SETBACK ORDINANCE A resolution was submitted granting a variance to the setback ordinance for Richard Gibson, Jr. to construct a garage, a minimum of 50 feet from the centerline of E. 2059th Rd., located in Rutland Township, LaSalle County. Motion by Mr. Foltynewicz to approve the resolution, second by Mr. Walsh. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 150, PAGE 70-71 RESOLUTION: #05-02 (#05-05) VARIANCE TO THE SUBDIVISION ORDINANCE A resolution was submitted granting a variance to the subdivision ordinance to allow lot 3548 in Arrowhead Acres Subdivision to be .99 acres in size, in the SE ¼ of Section 4, Township 34 North, Range 4 East of the Third Principal Meridian, Dayton Township, LaSalle County. Motion by Mr. McConville to approve the resolution, second by Mr. Small. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 150, PAGE 72-73 RESOLUTION: (#05-06) SCENIC BYWAY A resolution was submitted regarding the proposed Illinois River Road – Route of the Voyageurs Scenic Byway within LaSalle County and offers its support of the project. Motion by Mr. William Johnson to approve the resolution, second by Mr. Rigby. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 150, PAGE 74-75 PRESENTATION Joanne White, Detention Home Administrator, addressed the Board requesting permission to go to a conference in Dubuque, Iowa. Ms. White stated, “I do have the money in my budget for seminars and training. We paid the registration fee out of last year’s budget. I have monies left in my Education Fund, so what I need to pay out of this year’s budget is $252.00 for room and tax for three nights and

LaSalle County Board Minutes – January 13, 2005 approximately $75.00 for meals. If there is a probation car available, I will be using a county car so there wouldn’t be any mileage.” MOTION Motion by Mr. Myers to allow Ms. White to go to the conference in Dubuque, Iowa, second by Mr. Jakupcak. Voice vote, 1 abstain. Motion carried. PRESENTATION Mr. William Warnell, Court Services Director, presented the Probation and Court Services Financial & Statistical Report (December 1, 2003 thru November 30, 2004) to the board members. MOTION Motion by Mr. Hall to place on file the Probation and Court Services Financial & Statistical Report (December 1, 2003 thru November 30, 2004), second by Mr. Freeman. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 150, PAGE 76 ORDINANCE: (#05-07) ENHANCED 9-1-1 EMERGENCY TELEPHONE SYSTEM SURCHARGE ORDINANCE An ordinance was submitted stating that a surcharge is hereby imposed upon all telephone subscribers passed through telecommunication carriers engaged in the business of transmitting messages by means of electricity originating within the corporate limits of LaSalle County and terminating within the State of Illinois for funding of an enhanced “9-1-1” emergency telephone system, including implementing, maintaining and upgrading this system, excluding those residing within municipalities currently served by Enhanced 9-1-1. A surcharge is hereby imposed at a rate of one dollar and sixty cents ($1.60) per month per in-service network connection, as hereinafter defined. A network connection shall not be deemed to be in service where a subscriber’s account is uncollectible. Mr. Jakupcak stated, “This ordinance would allow us to start collecting the $1.60 fee surcharge and I would ask that we get this started as soon as possible, because all of this money is actually going to be used to purchase the equipment to get the enhanced 9-1-1 up and running.” Attorney Troy Holland stated, “This is really the next step in implementing the system. Sections 2 through 10 are language that we had in the initial ordinance, but Sections 11

LaSalle County Board Minutes – January 13, 2005 and 12 is where this Board is setting out who makes up the new Board for ETSP and what their powers and duties are as set forth by State Statute and this ordinance. It really just gets us to the point that we can start collecting this charge and get this Board formed so they can meet and start doing their job.” Chairman Dougherty stated, “It’s a custom to hold these ordinances over for a month, but in order to get this on fast track, it is not a set rule, that we have to hold it over. I’d like to see a motion from the floor to put this to the board today and get it passed so that money can start being collected.” MOTION Motion by Mr. Gruenwald to waive the thirty (30) day requirement in order to vote on the ordinance today, second by Mr. Kaminky. COMMENT Mr. Erbrederis acknowledged all of the hard work for those people involved in getting the county to the point where it is today and getting the referendum passed. Mr. Jakupcak stated, “I would like to thank Mr. Erbrederis. He was on the 9-1-1 Committee when he was on the County Board the first time, and he stayed active through the whole process and did a lot of leg work. He was a tremendous help. He was the backbone of that committee.” Mr. Freeman questioned, “Is there a time line when things will be up and running?” Chairman Dougherty replied, “Anywhere from two years to three years. This committee that is going to be appointed is going to have a lot of work to do.” Mr. William Johnson stated, “I would like to echo Mr. Jakupcak’s sentiments about Mr. Erbrederis being the ideal person to have head this. He does have a degree in electrical engineering as well as he holds three radio licenses. With his technical expertise he certainly was an asset to the county and it also gives an illustration of the many talents of board members.” Mr. Stockley questioned, “Will that be a paid committee?” Chairman Dougherty replied, “No. They serve as volunteers, but they can be reimbursed mileage.” At this time Chairman Dougherty called for a vote on the motion to waive the thirty (30) day requirement; Voice vote; all ayes. Motion carried.

LaSalle County Board Minutes – January 13, 2005 Chairman Dougherty then called for a motion to accept the ordinance. Motion by Mr. Small to approve the ordinance, second by Mr. Kaminky. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 150, PAGE 77-84 RESOLUTION: (#05-08) APPOINTING LASALLE COUNTY EMERGENCY TELEPHONE SYSTEM BOARD A resolution was submitted appointing the following individuals to the LaSalle County ETSB for the term of office following their name:

1. Sheriff of LaSalle County, by virtue of his/her office shall always be a member. 2. Curt Yasm, for a three year term expiring February 1, 2008. 3. Jerry Hicks, for a three year term expiring February 1, 2008. 4. Mike Jobst, for a three year term expiring February 1, 2008. 5. Kurt Tirevold, for a two year term expiring February 1, 2007. 6. Brian Fischer, for a three year term expiring February 1, 2008. 7. Ron Wilson, for a two year term expiring February 1, 2007. 8. Paul Rasch, Jr., for a three year term expiring February 1, 2008. 9. Tom Metzke, for a two year term expiring February 1, 2007. 10. Allen Haeffner, for a two year term expiring February 1, 2007. 11. Rodney Reese, for a two year term expiring February 1, 2007.

That Paul Rasch, Jr. shall be Chairman of the LaSalle County ETSB.

Motion by Mr. Landers to approve the resolution, second by Mr. Erbrederis. Mr. McConville questioned, “What is the board mainly made up of?” Chairman Dougherty replied, “They are people from fire departments, and emergency technicians. Paul Rasch, Jr. is the Coordinator of IEMA. He was very instrumental down in Utica and he’s had experience in these 9-1-1 boards, so I appointed him with your permission as the Chairman of this committee. Mr. Freeman stated, “In Section 11, it spells out who you have to appoint. I think you fell within those guidelines.”

LaSalle County Board Minutes – January 13, 2005 Chairman Dougherty replied, “I think they are a very good committee, but they’ve got a lot of work to do. It’s going to be tedious work. I asked Mr. Hicks to go on as a county board member, which is required. And I am hoping that the committee will appoint him as treasurer. Mr. Hicks is well rehearsed in that aspect.” Mr. Leininger questioned, “If the chairman of this committee doesn’t work out for some reason, does it take the full board to remove him or as Board Chairman can you do that?” Chairman Dougherty replied, “No, this committee controls itself.” Attorney Troy Holland replied, “I think it would be a vacancy to appoint. The Chairman of the Board would have to come back with a recommendation to this Board and appoint somebody.” Mr. Freeman replied, “I guess I see where Mr. Leininger is coming from. If any particular position being appointed through the Board and they don’t show up for any meetings, is there any recourse to have that person removed off that Board and replace him with somebody that would be active and work on that committee?” Attorney Troy Holland replied, “We are in control over this Board. We can put those rules into place if they can be removed. In this ordinance, if the layout of the people on that Board is not working, or you want somebody for some other representation, this ordinance can be amended to accommodate that.” Mr. Erbrederis commented, “In regard to Mr. Freeman and Mr. Leininger’s question about attendance, the ICC guidelines spell out a specific number of meetings that can be missed before they are automatically eligible to be removed by this body. I don’t have the ICC ordinance in front of me so I can’t quote the exact number, but they do spell out adding and deleting members of the committee. The county board’s only responsibility is the same as with any other committee for a water retention district or drainage district. The committee would come up with a recommendation who they would like to replace on that committee. Our only function would be to confirm the person they want at the time of the expiration or resignation.” Chairman Dougherty called for a voice vote; all ayes. Motion carried. SEE RECORD BOOK 150, PAGE 85

LaSalle County Board Minutes – January 13, 2005 RESOLUTION: (#05-09) IMPOSE AN ADDITIONAL SPECIAL COUNTY RETAILERS’ OCCUPATION TAX FOR PUBLIC SAFETY A resolution was submitted stating that the County Board of the County of LaSalle has determined that it is appropriate that the question of whether the County of LaSalle shall impose a Retailers’ Occupation Tax for Public Safety should be submitted to the voters and that an appropriate time to hold the referendum would be April 2005; and that the form of the question shall be as follows: Shall LaSalle County be authorized to impose a public safety tax at an additional rate of 0.50% upon all persons engaged in a business of selling tangible personal property at retail in the county on gross receipts from the sales made in the course of their business? Motion by Mr. Jordan to approve the resolution, second by Mr. Rigby. Mr. Stockley questioned, “If this should pass, when would it become effective?” Mr. Landers replied, “In January.” Mr. Savitch stated, “There are several of us who were present when the last public safety tax passed and also served on the informal Public Safety Tax Committee. At that time it was our intent to fund what was a real need for jail space in LaSalle County. The present public safety tax has done that and more. It’s met our bond obligations, funded inmate health care, and covered personnel costs, and several public safety areas. At this time, I am not convinced of the dire need for an increased public safety tax. And there is no ground swell of support happening here today for that increased tax. Consequently, I plan to vote against the public safety tax issue.” Mr. William Johnson stated, “I oppose placing the proposed public safety sales tax as a referenda issue on in the April 5, 2005 Consolidated Election for the following reasons. The sales tax sounds good based upon the assumption that 30% of the revenue would be derived from non county residents. However, I question whether such a tax would be counter productive to the best interest of the City of Peru, which I represent and also LaSalle County. There’s no question that Peru has been very successful with economic development and attracted many businesses, which collects substantial sales tax within the city. The sales tax revenue keeps Peru property taxes low and supplies LaSalle County with a significant portion of the sales tax revenue. I also remind you that Peru recently attracted a new shopping center north of Interstate 80, which would provide both the city and the county with additional sales tax revenue. The city

LaSalle County Board Minutes – January 13, 2005 attracted this facility by refunding a portion of the city’s sales tax to the developer until the bonds are paid off. This was done without creating a Tif which would have an adverse effect on both the county and other taxing bodies. I ask this question. Would increasing the sales tax within LaSalle County place Peru at a competitive disadvantage and encourage prospective business to locate three miles west along Interstate 80 in Bureau County or elsewhere where the sales tax is less? These questions will have to be answered before I will be willing to vote for a sales tax increase. I understand that there is a very short window of opportunity to place a referendum upon the April 5, 2005 Consolidated Election and there will not be another opportunity to place a referendum issue on the ballot until the March 2006 primary ballot. This is a major reaction to the 35% increase in the county levy. I feel the public will overwhelmingly vote down such a sales ax at this time. Any attempt to raise the county sales tax at this time will be a politically popular futile gesture. But there is no doubt there is a vendetta against the County Board and that the Board has become everybody’s kicking boy. The Board will have to reestablish public confidence before the public will support a sales tax increase. This can only be done if the county does what is necessary to prevent next year’s levy from increasing by more than 5%. Also, any sales tax increase will have to be coupled with a property tax reduction.” Mr. Freeman stated, “I plan on supporting putting this on the ballot. I’m not saying I’m supportive of the tax itself, but it’ll at least give the people an opportunity to vote on whether they want to increase their taxes or not. In regard to the property tax that we just passed, the people had a voice as far as getting speak out, but they did not have a voice as far as voting for. So I feel that we at least owe the people the opportunity to have a chance to vote yes or no on this sales tax issue. I think it’s a good idea to let the people have that say. I would strongly encourage us to put it on the ballot and let the people have a say on whether they want it or not.” Mr. Jordan stated, “I think, let the people have a say.” Mr. Panzica stated, “I’ve had some positive feedback that maybe this is a better way to do taxes and stay off of property taxes. I think it is a more equitable way instead of leaving it all on the property owner. Lets spread it around a little bit. I think it’s a very positive thing to do. It’s a good opportunity for the people to say what they want.” Mr. Piecha stated, “It’s a fact that what we probably have here in the county is a revenue source. It’s not an expenditure, but a revenue. It’s certainly the tax levy that’s part of our

LaSalle County Board Minutes – January 13, 2005 revenue source, and I don’t think anyone on this Board wants to have another levy like we had last time. Sales tax eases the burden of property tax owners. So I certainly support it.” Mr. Piecha questioned, “Is it my understanding that like the first sales tax that we did on safety tax, this will have the same exemptions like medications and groceries, etc?” Attorney Troy Holland replied, “Correct. This wording is almost exactly verbatim.” Mr. Piecha stated, “The reason I raise that question is that the important part of this whole campaign is going to be that the voter has a clear understanding on what’s going to be taxed. Especially our senior citizens when it comes to medication.” Mr. Erbrederis questioned, “Are the funds available for only public safety use as in the Sheriff’s Dept., jails and courts? Or can it be added to the General Fund?” Attorney Troy Holland replied, “Public Safety includes, but is not limited to crime prevention, detention, fire fighting, police, medical, ambulance or other emergency services. So you have to, within reason, stay within those guidelines and use it for those purposes.” Mr. Erbrederis stated, “My only concern with giving the law enforcement an extra 5%, is it may not reduce the tax burden on the residents because it’ll just add more money to the budget within law enforcement and fire for the county. So we may never see the benefit of the additional 2 or 3 million dollars coming in.” Mr. Derango stated, “Originally about a month ago, I had suggested something like this being a possible alternative. But I thought then, we had discussed that we were going to guarantee some type of property tax relief. From what I’ve heard, there is no guarantee that any of this will be passed on. If we can’t guarantee people any relief, it has no chance of passing. Secondly, I wouldn’t be for it if we couldn’t guarantee them some relief.” During further discussion, several other board members stated their opinions regarding the proposed increased sales tax. MOTION Motion by Mr. Gruenwald to call for the question. At this time, Mr. Gruenwald withdrew his motion. COMMENT Chairman Dougherty stated, “I made a statement when they talked about this in Rules and Regulations that I didn’t think it would fly. The reason I didn’t think it would fly is simply

LaSalle County Board Minutes – January 13, 2005 because we have to show the people that we are willing to make some tough choices around here and we haven’t done it yet. By tough choices I mean, to cut back on our expenses. Then when we show them, they might be acceptable to something like this. But I don’t know. If we approve it, I hope it passes. I’ll tell you one other thing. I’m going to go to the State’s Attorney, to the Sheriff, to the Coroner and I’m going to go to the Judges and say, you people help us, because you are the ones that the money is going to go to. And that’s the way I feel about it. They are the ones it is going to benefit. And they should be the front runners out there spiriting the drive to get it passed. If it comes out of this board to be put on the ballot, that’s what I’m going to do.” At this time Chairman Dougherty called for a roll call vote on the resolution; 22 ayes, 5 nays, 1 absent. Motion carried. SEE RECORD BOOK 150, PAGE 86-89 MOTION: EXECUTIVE SESSION Motion by Mr. Walsh to go into executive session to review past executive session minutes, second by Mr. Erbrederis. Roll call vote; 25 ayes, 3 absent. Motion carried. SEE RECORD BOOK 150, PAGE 90 Motion by Mr. Freeman to come out of executive session, second by Mr. Panzica. Roll call vote; 26 ayes, 2 absent. Motion carried. SEE RECORD BOOK 150, PAGE 91 MOTION Motion by Mr. Walsh approve and open to the full county board the executive session minutes for the dates of July 8, 2004, February 11, 2004, April 10, 2003, February 18, 2003, February 13, 2003, November 22, 2002, May 9, 2002, April 4, 2002, February 14, 2002, January 10, 2002, November 14, 2000, April 13, 2000, September 13, 1999, August 12, 1999, July 15, 1999, April 8, 1999, March 8, 1999, March 11, 1998, February 9, 1998, July 10, 1997, August 14, 1997, February 13, 1997, January 17, 1997, December 16, 1996, September 9, 1996, August 15, 1996, July 18, 1996, and May 9, 1994 and to keep and remain sealed the executive session minutes of January 13, 2000, second by Mr. Ronald Johnson. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 150, PAGE 92

LaSalle County Board Minutes – January 13, 2005 APPOINTMENT: (#05-10) HEALTH DEPARTMENT BOARD A resolution was submitted reappointing William Johnson to the LaSalle County Health Department Board for a term expiring November 30, 2005. Motion by Mr. Kaminky to approve the reappointment, second by Mr. Hall. Voice vote, 1 abstain. Motion carried.

SEE RECORD BOOK 150, PAGE 93 APPOINTMENT: (#05-11) HEALTH DEPARTMENT BOARD A resolution was submitted appointing Robert Maguire to the LaSalle County Health Department Board for a term expiring June 30, 2007. Motion by Mr. William Johnson to approve the appointment, second by Mr. Derango. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 150, PAGE 94 MISCELLANEOUS REPORTS & CORRESPONDENCE Correspondence to the Illinois Department of Revenue regarding business address verification for tax allocation purposes was submitted. SEE RECORD BOOK 150, PAGE 95 A copy of Ordinance No. 305, regarding Prevailing Wage that was passed by the Village of Naplate was submitted. SEE RECORD BOOK 150, PAGE 96 Correspondence from the EPA regarding the Matthieson & Hegeler Zinc site was submitted. SEE RECORD BOOK 150, PAGE 97 A report provided on a compact disc from the Rock Island District of the U.S. Army Corps. of Engineers regarding two new potential placement sites for dredged material in agricultural fields was submitted. SEE RECORD BOOK 150, PAGE 98 A Public Notice from the I.E.P.A. regarding the Proposed Renewal of the Federally Enforceable State Operating Permit for Del Monte Corporation in Mendota was submitted. SEE RECORD BOOK 150, PAGE 99 The Treasurer’s Investment Schedule dated January 3rd, 2005 was submitted. SEE RECORD BOOK 150, PAGE 100

LaSalle County Board Minutes – January 13, 2005 A copy of Ordinance No. 01-01-05 from the Village of Millington, limiting the weight of vehicles on streets and roadways within the corporate limits of the Village of Millington was submitted. SEE RECORD BOOK 150, PAGE 101 Motion by Mr. Freeman to place all on file, second by Mr. Kaminky. Voice vote, all ayes. Motion carried. COMMENT Chairman Dougherty commented, “Mr. Boe is home from the hospital. He’s having some health problems. A get well card from everybody would be in order or a phone call. Let’s give him all the support we can.” Mr. Freeman stated, “The sales tax is looking very good and I’m assuming November and December might be pluses too.” Mr. Leininger stated, “About three hours ago I was able to be at the reception for the members of Battery G of the 202nd Air Defense Artillery based in Marseilles for the individuals that returned from Iraq. There will be another group coming back next week and there will be an official welcome home ceremony sometime in May. They were very fortunate that they did not have any serious casualties. So you’ll be seeing a lot of happy faces around here.” Mr. Flanagan stated, “My granddaughter was with them, she came back on the same plane.” Gayle Thompson, Board Secretary, stated, “My nephew, had he finished school in time, would have been coming home from Iraq today, instead he is being deployed to Texas. He is going over to Iraq. If you could keep him in your thoughts I would appreciate it.” Chairman Dougherty stated, “We will keep him in our prayers.” Mr. Freeman stated, ”I would also encourage, Gayle, if you would give us the e-mail address. I know the soldiers just love getting e-mails. I’ve got a brother-in law that’s in Baghdad. He’ll be getting home hopefully in February. So I’d gladly send e-mails or pictures. They just love them so much. So please, if they can share it. I’m sure a lot of people here will share e-mails with them and keep their spirits up.” Mr. Jakupcak stated, “Our Veteran’s Association in Streator has done a lot by getting together goody bags or boxes and sending them over to the troops. We’ve got a lot of letters back on how much they appreciate just hearing anything from home.”

LaSalle County Board Minutes – January 13, 2005 Chairman Dougherty stated, “Let’s hope they all come back safe.” ------Motion by Mr. Derango to recess to February 10th, 2005 at 1:00 P.M. in room 250 at the Governmental Complex, second by Mr. Savitch. Voice vote, all ayes. Motion carried. CHAIRMAN DOUGHERTY DECLARED THE MEETING RECESSED TO FEBRUARY 10TH, 2005

LaSalle County Board Minutes – January 13, 2005 STATE OF ILLINOIS ) COUNTY OF LASALLE ) The LaSalle County Board met pursuant to recess at the Governmental Complex, Ottawa, Illinois, on the second Thursday of February, A.D., 2005 it being the 10th day thereof. This is the fourth meeting of our December 2004 Session. Chairman Dougherty called the meeting to order at 1:00 P.M. At this time Chairman Dougherty called for a moment of silence for a former county board member, John Caselli and also for Judge William Banich who both recently passed away. PRESENT: 28 Members ABSENT: Mr. Ronald Johnson There were 25 ayes claiming mileage. Motion by Mr. Landers to approve the roll call for mileage & per diem, second by Mr. Flanagan. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 151, PAGE 1 Chairman Dougherty called for any additions or corrections to the January 13th, 2005 minutes. Mary Jane Wilkinson, County Clerk, stated that on page 13, Gayle’s last name was incorrectly stated as Thompson instead of Thomas. And on pages 8 thru 10 we are adding comments from Mr. Myers to the minutes, regarding Resolution #05-09 concerning the public safety tax. SEE RECORD BOOK 151, PAGE 2 Motion by Mr. Foltynewicz to approve the January 13th minutes as corrected and amended, second by Mr. Kaminky. Voice vote, all ayes. Motion carried. RESOLUTION: (#05-12) POSTHUMOUSLY HONOR JOHN D. CASELLI A resolution was submitted to posthumously honor former County Board member John D. Caselli who recently passed away. Motion by Mr. Small to approve the resolution, second by Mr. McConville. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 151, PAGE 3 STUDENT EXCELLENCE AWARDS Mr. William Novotney, Supt. of Schools, introduced the two students who were awarded the Student Excellence Awards; from Waltham Elementary School in Utica, Ben Graham; and

LaSalle County Board Minutes – February 10, 2005 from Lincoln Jr. High School in LaSalle, Katie Brodzik. Both students were presented with an award plaque from Chairman Dougherty and applauded by the Board. RESOLUTION: (#05-13) LASALLE COUNTY FLAG DESIGN A resolution was submitted adopting the winning design as the LaSalle County Flag. Motion by Mr. Foltynewicz to approve the resolution, second by Mr. Flanagan. Mr. William Novotney, Supt. of Schools, addressed the Board stating, “Some months ago our office was asked by Mr. Foltynewicz of the LaSalle County Legislative and Rules Committee to contact the local schools of LaSalle County and conduct a contest to design a new official flag for the county. We contacted all public and parochial students in grades 5 through 8 and gave them guidelines for the contest. Each contestant center would choose one contestant to be submitted to the LaSalle County Regional Office by November 2004. With this came a one thousand dollar college savings bond that would be awarded to the winning contestant. The winners were sent to the regional office to be selected by the Selection Committee.” At this time Mr. William Novotney introduced the Selection Committee (Edmund Thornton, David Raikes and William Johnson). Mr. Novotney stated, “We really appreciate their help in taking their time to go through all the contest designs. I’d also like to thank two people from my office, Richard Meyers, my assistant and Jay McCracken. They put together the contest rules. And I’d like to congratulate all those entries who took the time in their local schools to try to design a flag for LaSalle County. We will be giving them an achievement award from our office. Mr. William Novotney introduced Jacey Keeney, an eighth grade student at Milton Pope School, as the winner for the new design of the LaSalle County flag. At this time the newly designed flag was unveiled to the board members. Mr. Foltynewicz presented a bank money order to Jacey to either cash or save for future college. Jacey also received an achievement award plaque for winning first place in the design of the LaSalle County Flag Contest. Chairman Dougherty called for a vote to approve the LaSalle County Flag design. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 151, PAGE 4-5

LaSalle County Board Minutes – February 10, 2005 CITIZEN COMMENTS Mr. Rick Schmitt, Superintendent of Sandwich School District #430, addressed the County Board in support of today’s proposed LaSalle County Subdivision Ordinance Amendment regarding Developer Land/Cash contributions. Mr. Schmitt also introduced Dr. Susan Workman, Superintendent from Somonauk, Dr. Laurel Walker Superintendent from Leland School, Dr. Kristen School from Waltham, Dr. Conrad Spirrison from Deer Park, Mr. Lantz Stein from Earlville, Mrs. Christine Benson from Ottawa Grade School, Mr. Daniel Joyce from Serena, Mr. Steven Malinsky from Rutland and Wallace, Mr. Richard Myers, Asst. of Regional Office of Education LaSalle County and Mr. Larry Walker of Seneca Grade School who were here representing their respective school districts that are also in support of the proposed land/cash ordinance. Mrs. Laurel Walker addressed the Board stating, “Today I speak to you as a representative of the Superintendents in LaSalle County. We would like to commend the work of the Development Committee. You have understood the serious nature of the impending growth in this county. You have made a thorough study of the issue and you have acted with speed. We appreciate the County Board’s consideration today of this proposal. We ask that as you consider this land/cash ordinance, that you keep in mind that your approval will not have a fiscal impact on this county. Instead, your approval will support local control of growth as well as safe guard the current residents in our county for being taxed for the cost of new school buildings and additions. Please understand that the developers are already on our door step. They are trying to stay ahead of this county board and we’re hoping you win the race. We implore you to act with speed so that we might be empowered to meet the needs of our future students.” CITIZEN COMMENT Mr. Stephen Carlson addressed the Board regarding a comment that Winnebago County is dissatisfied with their system of direct election of County Board Chairman and that there is a court case looking to dissolve it. Mr. Carlson stated, “I heard these rumors and looked to investigate. I looked to do this with an open and critical mind. I wanted to know if there were any problems that we might anticipate with direct election of a county board chairman. I think there may be some problems. I don’t think they’re great.”

LaSalle County Board Minutes – February 10, 2005 At this time Mr. Carlson explained what he did and what he found to get his answers regarding the comment he heard about Winnebago County. Mr. Carlson stated, “I’ve detailed my sources. Anyone can follow up on what I have done. I found no critical authority to establish a rumor that Winnebago County is dissatisfied. So let’s implement direct election. It works in Madison County. It works in Winnebago County. It will work well here.” Mr. Gruenwald commented that he received a letter from Paul Gorski in Winnebago County on February 3rd, 2004 with his response to the topic of an elected county board chairman, which stated that he is personally not in favor of it. At this time Mr. Gruenwald read the letter from Mr. Gorski. RESOLUTION: #05-03 (#05-14) COUNTY HIGHWAY A resolution was submitted appropriating the necessary funds from the County Highway Fund and authorizing the chairman to enter into an engineering agreement with Land Strategies, Inc. for the traffic analysis and intersection design study for County Highway 3 and N. 48th Road intersection and the Lake Holiday entrances. Motion by Mr. Kaminky to approve the resolution, second by Mr. Erbrederis. Roll call vote; 27 ayes, 1 absent. Motion carried. SEE RECORD BOOK 151, PAGE 6-17 RESOLUTION: #05-04 (#05-15) COUNTY HIGHWAY A resolution was submitted appropriating the necessary funds from the County Highway Fund and authorizing the chairman to enter into an engineering agreement with Renwick and Associates, Inc. for the preliminary engineering work for County Highway 3 from N. 4650th Road to N. 48th Road including the intersection of County Highway 3 and N. 48th Road. Motion by Mr. McConville to approve the resolution, second by Mr. Landers. Same roll call vote; 27 ayes, 1 absent. Motion carried. SEE RECORD BOOK 151, PAGE 18-23 RESOLUTION: #05-05 (#05-16) COUNTY HIGHWAY A resolution was submitted appropriating $330,000.00 Motor Fuel Tax Funds, $150,000.00 Special Tax Matching Funds, and $150,000.00 County Highway Funds for the micro-surfacing of Section 05-00000-07-GM (County Highway 3 from Illinois Route 71 to U.S.

LaSalle County Board Minutes – February 10, 2005 Route 52, County Highway 5 from the County line to County Highway 44, County Highway 10 from U.S. Route 34 to the County line, and County Highway 33 from Illinois Route 251 to County Highway 43). Motion by Mr. Jordan to approve the resolution, second by Mr. Flanagan. Same roll call vote; 27 ayes, 1 absent. Motion carried. SEE RECORD BOOK 151, PAGE 24-25 RESOLUTION: #05-06 (#05-17) COUNTY HIGHWAY A resolution was submitted appropriating $245,000.00 Motor Fuel Tax Funds, $75,000.00 Special Tax Matching Funds, and $25,000.00 County Highway Funds for the widening and resurfacing and intersection improvements of Section 05-00078-01-WR (County Highway 5, Kinsman mile, from Illinois Route 170 to the County line). Motion by Mr. Treschak to approve the resolution, second by Mr. Jakupcak. Same roll call vote; 27 ayes, 1 absent. Motion carried. SEE RECORD BOOK 151, PAGE 26-27 RESOLUTION: #05-07 (#05-18) COUNTY HIGHWAY A resolution was submitted appropriating $610,000.00 Motor Fuel Tax Funds, $200,000.00 Special Tax Matching Funds, and $100,000.00 County Highway Funds for the widening and resurfacing of Section 05-00314-01-WR (County Highway 6 from County Highway 57 easterly to Illinois Route 23). Motion by Mr. Myers to approve the resolution, second by Mr. Hicks. Same roll call vote; 27 ayes, 1 absent. Motion carried. SEE RECORD BOOK 151, PAGE 28-29 RESOLUTION: #05-08 (#05-19) COUNTY HIGHWAY A resolution was submitted appropriating $335,000.00 Motor Fuel Tax Funds, $200,000.00 Special Tax Matching Funds, and $100,000.00 County Highway Funds for the resurfacing of Section 05-00249-00-RS (County Highway 15 from U.S. Route 6 northerly to N. 3050th Road). Motion by Mr. Boe to approve the resolution, second by Mr. Rigby. Same roll call vote; 27 ayes, 1 absent. Motion carried. SEE RECORD BOOK 151, PAGE 30-31

LaSalle County Board Minutes – February 10, 2005 RESOLUTION: #05-09 (#05-20) COUNTY HIGHWAY A resolution was submitted appropriating $150,000.00 Motor Fuel Tax Funds, $75,000.00 Special Tax Matching Funds, and $35,000.00 County Highway Funds for the bituminous resurfacing of Section 05-00313-00-SM (County Highway 43 from U.S. Route 52 northerly to County Highway 19 then westerly on County Highway 19 to Triumph). Motion by Mr. Flanagan to approve the resolution, second by Mr. Stockley. Roll call vote; 26 ayes, 2 absent. Motion carried. SEE RECORD BOOK 151, PAGE 32-34 RESOLUTION: #05-10 (#05-21) COUNTY HIGHWAY A resolution was submitted appropriating $150,000.00 Motor Fuel Tax Funds, $100,000.00 Special Tax Matching Funds, and $115,000.00 County Highway Funds for the bituminous resurfacing of Section 05-00244-01-SM (County Highway 42 from the intersection of County Highway 33 northerly to U.S. Route 52). Motion by Mr. Small to approve the resolution, second by Mr. Hicks. Same roll call vote; 26 ayes, 2 absent. Motion carried. SEE RECORD BOOK 151, PAGE 35-36 RESOLUTION: #05-11 (#05-22) COUNTY HIGHWAY A resolution was submitted appropriating $180,000.00 Motor Fuel Tax Funds, $100,000.00 Special Tax Matching Funds, and $125,000.00 County Highway Funds for the intersection widening, curb and gutter, storm sewer and culvert re-line of Section 05-00312-00- WR (County Highway 51 from the intersection of Green Street in Ottawa northeasterly to U.S. Route 6). Motion by Mr. Walsh to approve the resolution, second by Mr. Boe. Roll call vote; 27 ayes, 1 absent. Motion carried. SEE RECORD BOOK 151, PAGE 37-39 PRESENTATION Mr. Larry Kinzer, County Engineer, addressed the Board regarding the LaSalle County Highway Department’s 2004 Annual Report. Mr. Jakupcak asked Mr. Kinzer to explain how you can get the Township Bridge Program Lapse Pool Fund Money.

LaSalle County Board Minutes – February 10, 2005 Mr. Kinzer explained, “You have two years to use your Township Bridge Program Monies. Any funds that are unused after a period of two years then goes into the Lapse Pool. Once that accumulates to about $2 million the state notifies the counties and then we can compete for that money on a statewide basis for township bridge projects. We did do that and were awarded $338,000.00 for a bridge in Northville Township. That’s the first time I can ever remember that LaSalle County has gotten Township Bridge Program Lapse Pool Money. So I was pretty happy with that.” Mr. Jakupcak stated, “I think you ought to be commended for that. That’s like free money.” Mr. Piecha questioned, “On page 10 regarding County Highway 19, it says, ‘however the work can not be completed due to an unmarked six inch natural gas pipeline that could not be relocated.’ Did that project ever get done?” Mr. Kinzer replied, “We completed part of the work of the project and then abandoned the rest of it because of a utility plan conflict. We felt that it was going to be too expensive to continue the project. We chose to back up sixteen yards. We are going to try it again at another time from a different direction.” Mr. Gruenwald questioned, “Under reimbursements, you said that we were reimbursed from townships in the amount of $64,511.00 and that there was more money owed that you haven’t collected. Do you know what that amount is and why?” Mr. Kinzer replied, “It’s not that the townships are delinquent in their billing. But there is an overlap in years in the billing cycles. Because we don’t bill for the projects until they’re completed on the Township Bridge Program projects, the state won’t allow us to close those out until all the inspections and everything is in order. So we wait until the state approves them. Then we do bill the townships for those projects. We are just not quite to that point yet.” Mr. McConville stated, “Earlier Mr. Freeman asked about the Matching Funds from the State and Federal. I serve on Mr. Kinzer’s committee. Larry’s department is very aggressive on that. I think on the FDR, I saw that LaSalle County was number one outside of Cook County. If you look at the Motor Fuel Tax it pays for the majority of Larry’s salaries out there, along with a lot of his other expenses. To be eligible for these matching grants, Larry needs to be taxing it near his maximum rate allowable to be able to get these grants. I just wanted to point some of this stuff out when we get down to doing budgets. A lot of times, people bring up the Highway

LaSalle County Board Minutes – February 10, 2005 Department, and cuts that can be made there. Larry does a good job at running his department and he doesn’t turn to the General Fund for funds and I think that should be pointed out.” MOTION Motion by Mr. Jordan to place on file the LaSalle County Highway Department 2004 Annual Report, second by Mr. Stockley. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 151, PAGE 40 RESOLUTION: #05-03 (#05-23) VARIANCE TO THE SUBDIVISION ORDINANCE A resolution was submitted granting a variance to the subdivision ordinance to allow Allen Moore to split a 6.55 acre parcel with 496.44 feet of public road frontage into three parcels, one of 2.01 acres with 291.44 feet of public road frontage and a second parcel of 2.25 acres with 30.0 feet of public road frontage and a third parcel of 2.29 acres with 175.0 feet of public road frontage located in Manlius Township, LaSalle County. Motion by Treschak to approve the variance, second by Mr. Foltynewicz. Voice vote, 3 nays. Motion carried. SEE RECORD BOOK 151, PAGE 41-43 RESOLUTION: #05-04 (#05-24) FINAL PLAT OF GEIGER ESTATES SUBDIVISION A resolution was submitted accepting the final plat of Geiger Estates Subdivision in Farm Ridge Township, LaSalle County. Motion by Mr. Treschak to approve the final plat, second by Mr. Walsh. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 151, PAGE 44-45

ORDINANCE: (#05-25) SUBDIVISION ORDINANCE AMENDMENT TO DEVELOPER LAND/CASH CONTRIBUTIONS An ordinance was submitted amending the LaSalle County Subdivision Ordinance regarding Developer Land/Cash contributions.

LaSalle County Board Minutes – February 10, 2005 MOTION Motion by Mr. Erbrederis to waive the thirty day requirement for enacting an ordinance, so action can be taken today, second by Mr. William Johnson. Mr. Leininger questioned, “Does it take a super majority if we do that?” Attorney Keith Leigh replied, “To suspend the rules takes a 2/3 vote.” Chairman Dougherty stated, “We’re not suspending it. It’s not in our rule book. It’s just a gentleman’s agreement.” Attorney Keith Leigh replied, “If there is no rule requiring it, then you’re not suspending it.” Chairman Dougherty questioned, “Is there anyone that knows if there is any rule holding us to the thirty days or next month being a requirement. If I’m correct in assuming, it’s just an agreement among the board members that some ordinances are held over for thirty days. Am I correct in that assumption, or not?” Mr. Boe replied, “It is my understanding that it’s the next full board meeting. I don’t think it is exactly thirty days. There is a ruling that there is a hold over until the next board meeting.” Chairman Dougherty stated, “We’ll get a ruling from our attorney.” Attorney Keith Leigh stated, “There doesn’t appear to be a waiting period of any kind in the board rules. The waiting period, the postponement of action, only occurs if there’s a motion to postpone, which would be in the nature of a motion to table the matter to the next board meeting. The board rules provide just the opposite. You can act on any report, motion or resolution, that as you noted, ordinances are not referenced in the rule. You can delay those or postpone the decision on those that requires a motion and two seconds in order to do that. But again that section doesn’t refer to ordinances. There is no standing rule that requires you to hold things over until the next board meeting.” Chairman Dougherty stated, “It was my understanding that it was a gentleman’s agreement.” Attorney Keith Leigh stated, “There may have been a practice, but there’s no existing board rule that I can find that requires that.” Chairman Dougherty at this time stated that the motion was out of order.

LaSalle County Board Minutes – February 10, 2005 Motion by Mr. Derango to approve the ordinance, second by Mr. Kaminky. Mr. Freeman questioned, “As of the posting of this, as far as the Open Meetings Act, was this posted as a ‘present only’ or was the three day notice given that there was going to be action on this ordinance?” Chairman Dougherty replied, “It was posted, and the ‘present only’ was crossed out in the seventy-two hour period.” Chairman Dougherty added, “Forty-eight hours. Within the forty-eight hour period the ‘present only’ was crossed out.”

DISCUSSION Mr. Small questioned, “How is the money going to be split between the high school and elementary districts?” Mr. Rick Schmitt, Superintendent of Sandwich School District #430 addressed the board stating, “First, I would certainly like to speak in regards to the unit district. A unit district obviously is going to cover this all together. But in regards to an elementary district and a high school district, that is where local control will prevail in regards to the ordinance. It’s all driven off of the local ordinance. So therefore, if the City of Sandwich has an elementary and a high school district, the ordinance should have already been developed to cover both. And that discussion and approval should have taken place prior to the adoption of the ordinance of the City of Sandwich. If a district does not have an ordinance in regards to unit districts and high school districts or elementary districts, that will be taking place once this ordinance had been adopted. I’m not sure if the City of Ottawa has a land/cash ordinance, but I do know that the mayor is keeping an eye on the County Board in regards to developing an ordinance and obviously there is an elementary and a high school here in Ottawa.” Mr. Small questioned, “Who is going to draw up this agreement on the split, because there are some elementary districts that feed by three high schools? It has to be the same all over right, the split?” Mr. Schmitt replied, “It is the same premise as the fair market value. In terms of being the same, there’s not a one size fits all ordinance for this. This would be developed by administration and local council and the mayor and the city council of the different

LaSalle County Board Minutes – February 10, 2005 municipalities in developing what is fair and then ultimately as approved by the elected officials that would take place in subcommittee work.” Mr. William Novotney, Supt. of Schools, also replied, “We would probably request that the local districts then develop an intergovernmental agreement, if there’s such a case that in the rural area there would be a high school and a grade school. In LaSalle County, basically, I can’t recall in a rural area that there is a high school and a grade school. There may be grade schools, but no high schools. High schools are in the large communities which would be covered by the towns. I want to affirm to you that I have received letters from school districts in LaSalle County that they are positive about the land/cash ordinance. They need the land/cash ordinance. It’s beneficial to the school districts in LaSalle County and it’s all going to be beneficial to the communities as well. There’s no doubt. I think it was mentioned here, I believe I had heard of several land development areas now under consideration. This is just going to offset some of that cost for the local school districts. It’s going to ease the pain for the local tax payer.” There was further discussion between the board members, William Novotney and Rick Schmitt. Chairman Dougherty called for a roll call vote; 27 ayes, 1 absent. Motion carried. SEE RECORD BOOK 151, PAGE 46-54 PRESENTATION Joseph P. Hettel, LaSalle County State’s Attorney, addressed the board giving his opinion and also the Attorney General’s opinion, which he received by letter, regarding the issue of an elected county board chairman. Mr. Hettel talked about the pending referendum regarding the size of the county board and what effect it would have if it passes and also talked about the referendum that has already passed regarding electing a countywide chairman and what effect that would have and what the next course of action for the board is. Mr. Hettel stated, “The Attorney General’s opinion came back. I did anticipate that this is the way it would go. It says it is not a binding referendum. The way that the referendum was put on the ballot, it cited a statute, which is an advisory referendum statute (55 ILCS 5/2-3002). What they gave us is called an informal opinion. First of all, opinions of the Attorney General are things that can be cited or argumented in a court case. But it is not the law. It

LaSalle County Board Minutes – February 10, 2005 doesn’t dictate necessarily how a court of law would come down. Certainly it’s not precedent, other than it can be used in your argument. It doesn’t have the precedential weight that a formal opinion would have. I’m not real concerned about the issue, I think it’s sound. I think it makes sense what they are saying. I’m not here to give you political advice. I’m here to give to legal advice. But, let’s look at this realistically. The vote was overwhelming. There is a mechanism where this can be a binding referendum. I think it is up to the board to consider what it is going to do in the situation of whether or not it’s going to go forward with this. There are counties out there that have an elected county board chairman. The authority of that chairman depends on you guys. It’s going to be up to the county board to determine how strong or how much power a chairman will have. I think it is something that definitely needs to be addressed by this board. I think it’s something you need to talk about and discuss and make a decision on, because I think if you don’t put it on this time then it’s going to come up and it’s going to be passed afterwards. That’s one issue you are facing right now. The other issue is the referendum that asks the question as to whether or not the size of the county board should be reduced. It is the county board that determines the number of members on the county board. So that answers part of the question. It’s an advisory referendum. Let’s say this passes in an overwhelmingly amount, do you have the authority to reduce the size of the county board, is the next question. My answer to that is, no I don’t think that you do. Not at least until you reapportion. And your reapportionment has to be done before July of 2011. July 1st is your next reapportionment. The statute I believe cites by July 1st, 1971 and then every ten years after that. Why do I tell you that you can’t change the size of the county board right now? There are a couple of reasons. The case that I am referring to is probably the closest to that answer and that is, the League of Women Voters of Peoria versus the County of Peoria. I’ve made copies for anyone you would like to take a look at it. But the basis for the change itself comes from a couple of Attorney General’s opinions that date back to the early 70’s when all of this was really an issue when we started on this whole plan of government. It’s a pretty common sense argument regarding this, and that is, simply you are going to knock somebody out of their term of office. Because we have staggered terms of office you are always going to be knocking someone out of that term of office. Regardless of the outcome of this referendum, you are not going to have the ability in my opinion to change the size of the

LaSalle County Board Minutes – February 10, 2005 county board. Now, that’s not to say that every time you looked at reapportionment; it’s not just how we’re going to draw the map, it’s how many board members we’re going to have. That’s what part of the reapportionment statute says. The number of county board members is an issue that you have to look at every time. So before July 1, 2011 you are going to have to look at this and you are going to have to answer this question, because you have to do it every ten years. But that’s five or six years from now, but I know it’s a question that I’ve been getting from the a lot of board members regarding what the effect of these referendums will have.” Mr. Derango questioned, “Can this board in any way shape or form commit a board in 2011 to reduce it at that time? Can we make a resolution?” State’s Attorney Joseph Hettel replied, “No. You can make a resolution, but it won’t have any effect at that point in time. In my opinion there’s nothing you can do at this point.” Mr. William Johnson stated, “Obviously, before the board would even consider reapportioning, you have to have the census. The census and reapportionment work hand in hand.” Attorney Joseph Hettel replied, “Right. The other reason for reapportionment is to find out where the population is at. But what I am saying is that there is an appropriate time and it’s also required that you think and talk about the size of the county board when reapportionment comes around. It’s not just to say that we have twenty-nine districts and there’s how they are going to look. It’s also to say, do we need twenty-nine members.” Mr. Gruenwald stated, “Informally, every member of this board that I have talked to has never ever denied the fact that we were not going to look at electing the county board chairman at large. We have always said, even in Rules and Legislation, we’ve got it in the minutes that we want to look at our different options. But just as a matter of us to be hammered and hammered and hammered by our opponents by saying you won’t look at this, you’ll ignore it. We have never said that. We have said that we will wait until we get an opinion. And we will look at this issue without an ax over our head. Rules and Legislation is in the process of looking at this issue.” Mr. Freeman questioned, “On this countywide elected chairman, I was wondering what will be the time frame if and when the Rules Committee acts on the vote of the people, this could be placed on the ballot? We have a credibility problem in this county if anybody has been out

LaSalle County Board Minutes – February 10, 2005 talking to people at all. I think this is one area where we could gain back some of that credibility and get this placed on the ballot.” Joseph Hettel, State’s Attorney, replied, “March of 2006 would be the next election.” Mr. Freeman questioned, “Two candidates could run in 2006?” Joseph Hettel, State’s Attorney replied, “If the appropriate action was taken, yes, I believe that it could, yes.” Mr. Landers questioned, “I don’t understand why we are even talking about this. I think it’s fool proof. Isn’t it true that us sitting here right now, that we can remove the county board chairman?” Joseph Hettel, State’s Attorney, replied, “Yes”. Mr. Landers stated, “I think it would be that much better for this county board for our checks and balances to make sure that if the board chairman went astray, in some way shape or form, that we as the elected officials, by our voters, that we would have the power to remove that person instead of being locked in for four years. I think things could really be in shambles, if we got the wrong person in there.” Joseph Hettel, State’s Attorney, replied, “ I think you have to look at what rules you establish for that county board chairman, in that respect, when you’re doing that.” Mr. Leininger questioned, “Let’s say in March of 2006 you could vote on it. This body could vote on it at the next meeting if they wanted to, could they not?” Joseph Hettel, State’s Attorney, replied, “As far as when you decide to go ahead and do this? I assume we had that issue of whether or not you have to wait thirty days? I would not advise that. I think that this is something that has to have some serious consideration. I think there is time to do it before the next election. I think you probably have to file for office by December of this year. So we have several months to do it the right way. From a legal stand point, you can act at anytime, but I would suggest that you take a calculated step to make sure this is a workable thing for the county for this board.” Mr. Leininger stated, “I think we need to answer some of that question. The people have voted and there’s a lot of questions out there. So we’ve got options.” Mr. Jakupcak questioned, “To establish the rules for an elected county board chairman to have to follow, do you have to have the rules before you put it on the ballot?”

LaSalle County Board Minutes – February 10, 2005 Joseph Hettel, State’s Attorney, replied, “I think that would be an appropriate way to do it.” Mr. Myers questioned, “Along with the issues of salaries?” Joseph Hettel, State’s Attorney, “Those issues are other ones that you will have to look at on how much you would pay this person. Whether they’re more similar responsibilities to what your chairman has been in the past or whether they will have more responsibilities or more duties and is it full time or part time. You have to answer all of those questions. They’re not easy ones.” SEE RECORD BOOK 151, PAGE 55 RESOLUTION: (#05-26) GRUNDY/LASALLE HAZMAT INTERGOVERNMENTAL AGREEMENT A resolution was submitted regarding the Grundy/LaSalle Hazmat Intergovernmental Agreement. Motion by Mr. Jordan to approve the resolution, second by Mr. Garretson. Mr. Jordan stated, “The fire departments are handling most of this. We’re supplying a lot of the equipment. That’s some of our responsibility in the EMA, but they are being able to work together with different teams from other areas. Since we are so close to Grundy County, and we respond back and forth together we both have an intergovernmental agreement. Between the two parties, we keep our liability and they keep their liability.” Chairman Dougherty called for a voice vote, all ayes. Motion carried. SEE RECORD BOOK 151, PAGE 56-62 RESOLUTION: (#05-27) RECOGNIZING PAT WELCH FOR YEARS OF SERVICE A resolution was submitted recognizing Patrick D. Welch who has served the citizens of the 38th Senate District since 1982. Motion by Mr. Jakupcak to approve the resolution, second by Mr. Hicks. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 151, PAGE 63-64 RESOLUTION: (#05-28A THROUGH #05-28C ) DELINQUENT TAXES A resolution was submitted stating that the Chairman of the Board of LaSalle County , Illinois, be authorized to execute a deed of conveyance of the County’s interest or authorize the

LaSalle County Board Minutes – February 10, 2005 cancellation of the appropriate Certificate(s) of Purchase, as the case may be, on real estate parcel #33-35-312-000, cert. #01—0130, 0131, 0133 for the sum of $30,543.89; parcel #24-17- 104-022, cert. #01-0460 for the sum of $2,367.87; and parcel #24-17-104-004, cert. #01-0459 for the sum of $2,119.41 to be paid to the Treasurer of LaSalle County Illinois, to be disbursed according to law. Motion by Mr. Treschak to approve the resolutions, second by Mr. Flanagan. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 151, PAGE 65-68 RESOLUTION: (#05-29) INCREASING CIRCUIT CLERK FEES A resolution was submitted stating that the filing fee for (a) civil cases increase to $160.00 (one hundred sixty dollars) from $80.00 (eighty dollars) and that the fee for (e) filing an appearance increase to $60.00 (sixty dollars) from $30.00 (thirty dollars) and that the effective date of the Circuit Clerk fee increases adopted shall be March 14, 2005. Motion by Mr. Walsh to approve the resolution, second by Mr. Kaminky. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 151, PAGE 69-70 RESOLUTION: (#05-30) ILLINOIS VALLEY ENTERPRISE ZONE EXPANSION A resolution was submitted stating that the Illinois Valley Enterprise Zone be expanded one hundred sixty one (161) acres to accommodate construction and employment to be generated by a commercial development to accommodate a Walmart Super Center and Kohl’s Department Store. Motion by Mr. William Johnson to approve the resolution, second by Mr. Jakupcak. Mr. William Johnson commented, “The Illinois Chamber of Commerce did a market analysis and according to the results they said that the sales at this new shopping center would generate between $50 and $100 million per year. Using that midpoint, which would be $75 million that would generate $750,000.00 per year sales tax revenue for Peru, $375,000.00 for LaSalle County and $3,750,000.00 for the State of Illinois. I’d also like to add, as everyone in this room knows, that developers are always looking for economic incentives. This was done without a Tif, which would have had an adverse effect on the county and other taxing bodies. In

LaSalle County Board Minutes – February 10, 2005 order to get this to go, the City of Peru was willing to refund a portion of its sales tax. And then also requesting that the existing enterprise zone be expanded to include this.” Chairman Dougherty called for a voice vote, all ayes. Motion carried. SEE RECORD BOOK 151, PAGE 71-74 RESOLUTION: (#05-31) IMPROVEMENT OF GRAND ILLINOIS TRAIL BIKE PATH A resolution was submitted stating that the County of LaSalle hereby expresses its support to the Illinois Department of Natural Resources (IDNR) for the completion of preliminary engineering and future construction of a bike path system for LaSalle County to Bureau County by incorporating or improving the railroad right-of-way as part of the Kaskaskia-Alliance trail being a part of the Grand Illinois Trail. Motion by Mr. Rigby to approve the resolution, second by Mr. Panzica. Voice vote, 1 nay. Motion carried. SEE RECORD BOOK 151, PAGE 75-76 MISCELLANEOUS REPORTS & CORRESPONDENCE The Treasurer’s Investment Schedule dated January 31st, 2005 was submitted. SEE RECORD BOOK 151, PAGE 77 Correspondence from the Illinois Department of Transportation regarding a Rental Agreement for Michelini Farms at 2950 East 103rd Rd., Peru was submitted. SEE RECORD BOOK 151, PAGE 78 Correspondence from the I.E.P.A. regarding three Public Notices (Construction Permit to Owens-Brockway Glass Container, Inc. in Streator, Eakas Corporation in Peru and Nicor Gas in Mendota was submitted. SEE RECORD BOOK 151, PAGE 79 Correspondence from the Illinois Department of Revenue regarding business address verification for tax allocation purposes was submitted. SEE RECORD BOOK 151, PAGE 80 Motion by Mr. Flanagan to place all on file, second by Mr. Kaminky. Voice vote, all ayes. Motion carried.

LaSalle County Board Minutes – February 10, 2005 COMMENTS Mr. Jakupcak commented, “I’m sure you’ve been reading articles in the paper. I can assure you when we went with Correctional Foods, all they do is food for jails. They meet all the federal guidelines for nutrition and calories. Some of the inmates are unhappy because now they get 2,400 calories a day, where before when we were doing it ourselves with our cooks, they would serve them large portions and if they wanted seconds they could get seconds. This is not the Holiday Inn. We went with this company to save money. This company guaranteed us, right off the bat, they could save us $75,000.00 a year and possibly more. The food is all of the best quality. It’s the same thing as you and I would get if we went to U.S. Foods or anywhere and bought commercial food. It’s the best you can get. The restaurants buy from the same places. This company supplies it to the jail and also the Detention Home and they meet the school lunch program.” Mr. Gruenwald stated, “At our last Auditor’s meeting we reported that the outside audit was fine and just a reminder to all committee members that in the month of January we took in $2.6 million and we spent $4 million.” Mr. Boe stated, “I noticed on the news in Cook County that they were suing the legislators to get them to adopt a rule where the people who are in jail can reimburse us for their keep. I was wondering if this county would be interested in adopting a resolution to help support that? I think it’s an ethical thing.” Chairman Dougherty replied, “We’ve been looking at that.” Mr. William Johnson stated, “In regards to the proposed ½ cent public safety tax, I did get a call from an official in a LaSalle grocery store who expressed concern saying that the limit of 1% tax pertains only to food. They sell paper goods, soaps, laundries and dog food. Their concern is that presently in addition to the county asking for a ½ cent increase in the public safety, the City of LaSalle is asking for a ½ cent increase in sales tax and that this could have a negative effect on the business.” Mr. Derango stated, “About a year ago, we made a very important switch in our health insurance. We’ve switched to a PPO from our major medical. Last week we got the official tally from Blue Cross Blue Shield. The savings to LaSalle County last year was $670,232.47. I would just like to thank the members of my committee at that time for all the hard work that they did in getting that changed and making that savings possible. We will be trying to tweek that

LaSalle County Board Minutes – February 10, 2005 even more this summer by going out for bid. The other big change that we made last December was in our self insurance for liability and workman’s comp. I can’t give you a report yet. It’s been too short of time. It’s only been ten weeks, but let me tell you, the early returns are in and they are much more than we even expected.” Chairman Dougherty stated, “We’ve been approached a couple of times in the last few months and we’ve been getting beat up pretty bad as a county board. At this time Chairman Dougherty expressed his opinion regarding the building code resolution and why he thought the county board acted correctly. Chairman Dougherty further responded to individual comments made in committee meetings and quotes in newspaper articles. Mr. Leininger replied to Chairman Dougherty’s comments. Mr. Freeman also replied to one of Chairman Dougherty’s comments. At this time several board members made further comments regarding building codes and E 9-1-1. ------Motion by Mr. Derango to adjourn to March 14th, 2005 at 1:00 P.M. in room 250 at the Governmental Complex, second by Mr. Savitch. Voice vote, all ayes. Motion carried. CHAIRMAN DOUGHERTY DECLARED THE MEETING ADJOURNED TO MARCH 14TH, 2005

LaSalle County Board Minutes – February 10, 2005 STATE OF ILLINOIS ) COUNTY OF LASALLE ) RECORD OF THE PROCEEDINGS OF THE LASALLE COUNTY BOARD HELD AT THE GOVERNMENTAL COMPLEX, OTTAWA, ILLINOIS. BEGUN AND HELD ON THE SECOND MONDAY OF MARCH, A.D., IT BEING THE 14TH DAY THEREOF. STATE OF ILLINOIS ) COUNTY OF LASALLE ) The LaSalle County Board met pursuant to Statute at the Governmental Complex, Ottawa, Illinois, on the second Monday of March, A.D., 2005, it being the 14th day thereof. Mr. Derango, Vice-Chairman and Acting Chairman, called the meeting to order at 1:00 P.M. This is the 1st meeting of our March 2005 Session. Mr. Derango, Vice-Chairman and Acting Chairman asked the Clerk to call the roll for Mileage & Per Diem. PRESENT: 27 Member ABSENT: Chairman Dougherty, Mr. Hall There were 24 ayes claiming mileage. Motion by Mr. Landers to approve the roll call for mileage & per diem, second by Mr. Foltynewicz. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 151, PAGE 81 th Vice-Chairman Derango called for any additions or corrections to the February 10 , 2005 minutes. Motion by Mr. Ronald Johnson to approve the February 10th minutes as presented, second by Mr. Kaminky. Voice vote, all ayes. Motion carried. STUDENT EXCELLENCE AWARDS Mr. Richard Myers, Asst. Supt. of Schools, introduced two students who were awarded the Student Excellence Award; from Wallace Grade School, Katherine Duffy; and from Marseilles Elementary School, Branden Bennett. Both students were presented with an award plaque from Vice-Chairman Derango and applauded by the Board.

LaSalle County Board Minutes – March 14, 2005 CITIZEN COMMENTS Mr. Ralph Coyle, Land Owner’s Association, addressed the Board stating, “Accusations have been made that the LaSalle County Land Owner’s Association and myself, misled voters about county-wide building codes in the last election. This is simply not true. We are willing and able to defend any and all statements we’ve made and we stand by them.” At this time Mr. Coyle discussed county-wide building codes, reducing the size of the county board, the ½ cent sales tax referenda and the direct election of the county board chairman. PRESENTATION Joanne White, Detention Home Administrator, presented the LaSalle County Detention Home Quarterly Report for December 2004 – January 2005 – February 2005. MOTION Motion by Mr. McConville to place on file the LaSalle County Detention Home Quarterly Report for December 2004 – January 2005 – February 2005, second by Mr. Treschak. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 151, PAGE 82 PRESENTATION Mr. William Warnell, Court Services Director, presented the Probation and Court Services Financial and Statistical Report for December 1, 2004 thru February 28, 2005. MOTION Motion by Mr. Myers to place on file the Probation and Court Services Financial and Statistical Report for December 1, 2004 thru February 28, 2005, second by Mr. Jakupcak. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 151, PAGE 83 RESOLUTION: (#05-32) 457 DEFERRED COMPENSATION PLAN A resolution was submitted stating that LaSalle County terminate Nationwide as LaSalle County’s 457 Deferred Compensation Plan provider and to offer a 457 Deferred Compensation Plan through Security Benefit with local services provided by LPL Financial Services, LaSalle, Illinois. Motion by Mr. Savitch to approve the resolution, second by Mr. William Johnson. Mr. Freeman questioned, “How does it work with the money that is currently with Nationwide? Do they roll that over into your funds?”

LaSalle County Board Minutes – March 14, 2005 Mr. Steven Witek, CFP, LPL Financial Services in LaSalle, IL, replied, “Correct. There will be two phases. The first phase will be for new deposits. Nationwide requires a ninety-day notice, but eventually the Nationwide plan will automatically roll the money into each participants account with Security Benefit. There are no charges on the transfer. There are no market value adjustments. There will be no cost to the participant. There are no charges on new deposits and there are no charges on withdrawals at termination. And actually the participant management fee offered by Security Benefit will be lower than what the participants are currently paying through Nationwide.” Mr. Derango stated, “About six months ago, the man who originally started this plan from Nationwide left the company to start working in the suburbs. We found out that our people have not had any contact. They’ve been neglected. That’s not fair to our people. We inquired as to whether or not we could get it done locally and LPL Financial is one of the few that will do it. They will give us the type of service the people deserve.” At this time Mr. Witek further explained about the benefits fair in April regarding the plan with Security Benefit. Vice-Chairman Derango called for a voice vote, all ayes. Motion carried. SEE RECORD BOOK 151, PAGE 84-87 ORDINANCE: (#05-34) INSURANCE BOND ABATEMENT An ordinance was submitted abating tax levied for year 2004 on General Obligation Self- Insurance Bonds Series 2004. Motion by Mr. Flanagan to approve the ordinance, second by Mr. Rigby. At this time Troy Holland, County Attorney explained the ordinance to the board members. Vice-Chairman Derango called for a voice vote, all ayes. Motion carried. SEE RECORD BOOK 151, PAGE 88 RESOLUTION: (#05-33) TO PLACE PROPOSED COMMERCIAL, INDUSTRIAL, STORAGE, BUSINESS, INSTITUTIONAL AND PUBLIC AND MULTI-FAMILY RESIDENTIAL BUILDING CODES ON FILE A resolution was submitted stating that LaSalle County, pursuant to 55 ILCS 5/5-1063, file its intent to adopt portions of the International Building Code, 2003 edition, the International Fire Code, 2003 edition, the International Mechanical Code, 2003 edition, the International Fuel

LaSalle County Board Minutes – March 14, 2005 Gas Code, 2003 edition all published by International Code Council, Inc. and the National Electrical Code NEC 2002 edition, published by the National Fire Protection Association, Inc., as stated on Exhibit “A” attached hereto and incorporated herein, with the Illinois Building Commission, and that three (3) copies of said codes have been or shall be placed on file with the LaSalle County Clerk pursuant to 55 ILCS 5/5-6001 et. seq. Motion by Mr. Piecha to place the commercial, industrial, storage, business, institutional and public and multi-family residential building codes on file with the Illinois Building Commission and the LaSalle County Clerk, second by Mr. Gruenwald. Troy Holland, County Attorney, stated, “The codes themselves are already on file downstairs. You are providing notification to the state and you’re instructing that the codes be placed on file. If the committee sends it up, an ordinance will come actually adopting the codes. This resolution needs to be acted on today if it’s the board’s wish.” Mr. Freeman questioned, “First, we said it wasn’t going to be adopted, and then it’s going to be adopted, and that they’re on file?” Troy Holland, County Attorney, stated, “This resolution is not adopting these codes. It’s simply instructing that they be placed on file, which is the first step towards adopting the codes. There will be an ordinance adopting the codes that comes after this step.” Mr. Freeman questioned, “So the intent is to adopt these codes?” Troy Holland, County Attorney, replied, “That’s the intent, yes, of the committee recommending to the full board.” Mr. Freeman stated, “We’ve just had a vote by the people soundly rejecting what we’ve already got on file as far as the single family. And now we’re coming back and going to put this into action. I am absolutely going to be opposed to it.” Mr. Derango stated, “These are industrial building codes. I’m not sure people voted against industrial building codes. I don’t know why they would.” Mr. Gruenwald commented that in the third paragraph to please note that it says, “excluding those buildings and structures for agricultural purposes on farms including farm residences.” Vice-Chairman Derango called for any further questions or comments on the resolution. Vice-Chairman Derango called for a voice vote, 1 nay. Motion carried. SEE RECORD BO0K 151, PAGE 89-92

LaSalle County Board Minutes – March 14, 2005 RESOLUTION: (#05-35) POLLING PLACES FOR 2005 ELECTION CYCLE A resolution was submitted listing the polling places that will be used for the April 5th, 2005 Consolidated Election and to authorize the County Clerk to fill any vacancies, which may occur, at her discretion. Motion by Mr. William Johnson to approve the resolution, second by Mr. Boe. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 151, PAGE 93-96 RESOLUTION: (#05-36) PERSONS AUTHORIZED IN THE OFFICE OF THE COUNTY CLERK AND AT REGIONAL SITES ON ELECTION NIGHT A resolution was submitted stating that the only individuals allowed in the office of the County Clerk and at the four (4) regional sites on election night will be LaSalle County Deputy County Clerks, Counting Center Judges of Election, Judges of Election returning ballots and supplies, E S & S staff, I.V.C.C. staff and building managers of the regional sites, or the building managers designee; and setting forth the names of those individuals who may witness the central accumulation tabulation via closed circuit television in an area of the County Clerk’s office set aside for their viewing for the April 5th, 2005 Consolidated Election.

Motion by Mr. Landers to approve the resolution, second by Mr. Flanagan. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 151, PAGE 97-98 RESOLUTION: (#05-37) DELINQUENT TAXES A resolution was submitted stating that the Chairman of the Board of LaSalle County, Illinois, be authorized to execute a deed of conveyance of the County’s interest or authorize the cancellation of the appropriate Certificate(s) of Purchase, as the case may be, on real estate parcel number 33-25-404-002, certificate number 00-0074 for the sum of $4,852.00 to be paid to the Treasurer of LaSalle County, Illinois, to be disbursed according to law. Motion by Mr. Myers to approve the resolution, second by Mr. Jordan. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 151, PAGE 99-100

LaSalle County Board Minutes – March 14, 2005 RESOLUTION: (#05-38) ADDITIONAL 80 BEDS AT LASALLE VETERANS HOME A resolution was submitted stating that the LaSalle County Board respectfully urge Governor Blagojevich and all members of the Illinois General Assembly to immediately appropriate the necessary funds to construct the eighty additional nursing care beds and additional support services for the operation of those beds at the Illinois Veterans Home in LaSalle, Illinois and that a copy of this resolution be delivered to the following: Governor Blagojevich Congressional Representative Gerald “Jerry” Weller (per motion to amend) Illinois State Representatives – Frank Mautino, Patricia Reid Lindner, Robert Pritchard, Careen Gordon and Keith Sommer Illinois State Senators – Chris Lauzen, J. Bradley Burzynski, Gary Dahl and Dan Rutherford Illinois U.S. Senators – Richard J. Durbin and Barack Obama Motion by Mr. Foltynewicz to approve the resolution, second by Mr. Jakupcak. Mr. Rigby stated, “This has been going on for many years. But we’re hoping that with new management downstate we’ll get something done.” MOTION TO AMEND Motion by Mr. Walsh to additionally send a copy of the resolution to Congressional Representative Gerald “Jerry” Weller, second by Mr. Foltynewicz. Vice-Chairman Derango called for a voice vote on the amendment, all ayes. Motion carried. Mr. Leininger stated, “I was with the Director of Veteran’s Affairs Saturday and he assured us the money for funding this was in the budget now. So the only way we are going to get beat out of this is if they don’t pass that budget. Like Mr. Rigby said, we’ve been beating this thing and it hasn’t appeared to do any good. I think right now if we go back and encourage our representatives to do this, I think it’s going to happen. There was a gentleman there representing the congressman because the feds are going to pay for 65% of this. This isn’t the only number one issue with this. The goal of these eighty beds is to take care of our veterans. But with our county having a 7.7% unemployment, we’re going to pay $11 million dollars for construction in our building trades and that has to be in the back of our minds. So if

LaSalle County Board Minutes – March 14, 2005 we’ve done it before let’s go after them again and write those hand written notes. I just hope this time it happens.” Mr. Foltynewicz added, “The veterans that are looking to go to the LaSalle Veterans Home is up to about 400.” Mr. Leininger stated, “There’s more competition out there for this money than it was a year ago or two years ago. The City of Chicago is lobbying very hard to get two hundred beds up in Chicago. And that’s our competition right now. That’s why these letters are so important. If a veteran really wants to get into a home there’s zero waiting list right now down at Quincy.” Mr. Gruenwald stated, “Not only will this help our veterans. And not only will it create construction jobs, but it will add a number of permanent jobs for staff in LaSalle County.” Vice-Chairman Derango called for a voice vote, all ayes. Motion carried. SEE RECORD BOOK 151, PAGE 101-102 RESOLUTION: (#05-39) CONTRACT WITH ON POINT, LLC A resolution was submitted entering into the contract with On Point to review existing telecommunications billing to determine if they are correct under contracted rates and to make refund claims if necessary. Motion by Mr. Small to approve the resolution, second by Mr. McConville. Mr. Derango introduced Jeff Monroe a representative from On Point, LLC. Mr. Monroe addressed the board explaining that what he basically does is go through the phone bills and look at taxing issues and any sort of franchise agreements the county has. Vice-Chairman Derango called for a voice vote, all ayes. Motion carried. SEE RECORD BOOK 151, PAGE 103-108 MOTION: EXECUTIVE SESSION Motion by Mr. Walsh to go into executive session as per 5 ILCS 120/2 (c) (2) collective negotiating matters, second by Mr. Erbrederis. Roll call vote; 26 ayes, 2 absent. Motion carried. SEE RECORD BOOK 151, PAGE 109 Motion by Mr. Jakupcak to go back into regular session, second by Mr. Landers. Roll call vote; 25 ayes, 3 absent. Motion carried. SEE RECORD BOOK 151, PAGE 110

LaSalle County Board Minutes – March 14, 2005 RESOLUTION: (#05-40) COLLECTIVE BARGAINING A resolution was submitted approving a collective bargaining agreement between Metropolitan Alliance of Police, the County of LaSalle and LaSalle County Sheriff. Motion by Mr. Savitch to approve the resolution, second by Mr. Treschak. Vice-Chairman Derango called for a roll call vote; 26 ayes, 2 absent. Motion carried. SEE RECORD BOOK 151, PAGE 111-115 Mr. Savitch thanked the committee and Marje Fanning (Payroll Supervisor), Attorney Keith Leigh, Sheriff Templeton and the MAP Council and negotiating team. Mr. Joe Mazzone, Bargaining Agent for MAP, stated, “Chairman, I just wanted to thank you and the Chairman of Finance. We had a pretty fair trade of information. I think you have a bunch of correctional officers and deputy sheriffs who are very satisfied with the agreement. They are going to do a good job for you. We look forward to working with you for the term of this contract.” RESOLUTION: (#05-41) INCREASING RATES FOR PRIVATE PAY RESIDENTS AT THE LASALLE COUNTY NURSING HOME A resolution was submitted stating that the private rates for the LaSalle County Nursing Home be increased to $104.00 per day or $3,163.00 per month effective May 1, 2005. Motion by Mr. Small to approve the resolution, second by Mr. Garretson. Mr. Small stated, “Last fall when we based it from $85.00 to $90.00, determined that the private pay should be separate from what public aid is. Public aid was increased (which was only seven cents more than what private pay is right at the present time), and decided to enact our rates earlier in the year. We discussed it and was planning on a raise later in the year to see how public aid increased their rate. We decided to increase it at this time. It figures out to be a 15% increase, which we feel is more than sufficient at this time to take care of the needs at the nursing home.” Mr. Leininger stated, “I was against this last fall when we raised it, and I’m still against raising it to $104 because it’s not enough money. We’re subsidizing that. That home was established to care of the needy. The laws have changed and subsidizing the needy and the indigent is completely different than it was when this home was made and came into existence. Many of the county nursing homes have these public aid patients and they have private pay. Private pay is running $130.00, $140.00, and $145.00 a day in the places here in

LaSalle County Board Minutes – March 14, 2005 town and in Mendota. I think right now the county home is at the highest percentage of private pay patients. That home is established for, like I say, the indigent. So it’s costing the taxpayer. Now the argument’s made that people out there are paying taxes. We’re talking of a savings of $18,000.00 a year (in the neighborhood). Now it’s a good business decision to take your loved ones out there if you can save $18,000.00 a year. And that’s partially why there is a waiting list. I’ve never said that there wasn’t good care out there and I’ve never said that we should throw those people out of that home. That’s not the way it is. What I’m saying is, I think, with the crunch that we have in our money in this budget, that $104.00 is not enough. We’re competing with the private homes out there and that’s not fair to the people trying to make a living. The last I looked, and it’s on the internet, one of the nursing homes on the south side is way below 80% head count. But since all of this conversation has taken place here in the board room, people are very much aware of how good of a home we have out there and how much it’s going to cost them. We are $18,000.00 a year less. I don’t think it’s fair to the other homes that we don’t get up there to the fair market value and I just think this is a step in the right direction, but it’s not near enough the biggest step to do that. We need to have it higher.” Mr. Piecha stated, “When it comes to putting someone into a nursing home that they love very much, I think what the people really look at is the service that’s being provided. I think the last thing they look at is the cost. When the citizens of LaSalle County voted on a referendum to have a nursing home, I really don’t know what the exact wording of it was, if it was shall LaSalle County have a nursing home or shall LaSalle County have a home for the ones who are really in need? I think we should take a look at that on what the people voted on.” Mr. Leininger replied, “I’ve had some very good people at the Historical Society help me look at this back in the middle 1800’s when this was started. It was designed as the poor house and to take care of the indigent and the needy. The people with money did not go there. Things have changed as we go. So the care is not an issue. The only thing here at issue is the money. How much do we want to continue subsidizing this? Yes, people do look at how much it costs. We’re hurting for money. And any place we can pick up, just getting up to the average, we can pick up over a million dollars a year. That’s a lot of money.”

LaSalle County Board Minutes – March 14, 2005 Mr. Derango questioned Mr. Leininger, “Do you think we are keeping indigents out of there? Do you think there are people that would be at a lower scale and can’t get in? Is that what your criticism is?” Mr. Leininger replied. “No, my criticism is strictly the dollar amount we’re charging. If I’m going to be on public aid and I want to get into the county home and there is a waiting list, I can’t get into it. But you can get into a place like in Mendota, LaSalle, Marseilles and Streator. They almost always have an opening for public aid patients. These homes operate on their own because they don’t have a cash cow like the county that they can go to. They have to make a profit. I think it costs us $160.00 a day to maintain that home per patient and if the private home is only charging $140.00, (there doing this at $140.00), they have to make a profit when they take into consideration for this patient to get $90 and for this they get $40.00 and someplace in between is the average. I think everybody that wants into the home gets into the home if they’re on public aid. It might not be the county home, but they’re going to get into a home. We have a higher percentage of private pay people, because I think it has to do with the daily rate. I don’t think if there’s a person that’s indigent applies to that home on Monday, and last Tuesday (about a week ago) somebody applied that’s got their $10 million dollars, I don’t think that public aid patient goes ahead of the private pay. Is that correct? You go into the home according to the time that you sign up.” Mr. Small replied, “That is correct. As of our meeting last Monday, we have occupancy of ninety and three people on the waiting list. So if anyone wants to come to that home this week, there are openings. Whether they’re private pay or public aid. The committee has discussed, putting it on a priority list, whether you’re on public aid or private pay. That is a situation where it is funded by taxpayers to a degree. It’s not fair to the public to decide whether you’re public aid or private pay. It should be decided on whether we can meet your needs. To clarify this statement on the percentage of private pay, since I’ve been on this board I’ve been on that committee. The percentage of private pay and public aid has landed between right around 40% for public aid and 60% private pay since I’ve been on this board. And for years the place was not full. The committee has discussed that there will be another increase next year. The odds are that the rates will go up $19.00, but that depends on the circumstances between now and then. It could be higher or it could be sooner than a year. It depends on the economics and the financials when we look at them at the end of this year.”

LaSalle County Board Minutes – March 14, 2005 Mr. Myers stated, “If there is a group out there that feels this is unfair they can certainly get a petition out and put this issue before the voters. The fact of the matter is, we are allowed, (in 1992 when it was passed) to levy ten cents per hundred dollars of assessed evaluation. We’ve never assessed that. Last year I think it was a little over seven cents. Our levy has been constant over the last five or six years. We are trying to address this and not try to increase the levy by doing the things that we’re doing. One of the primary things is to fill this nursing home up. As it’s been pointed out before, when we had seventy-three people in there it wasn’t an issue. Now all of a sudden it is.” Mr. Freeman questioned, “Am I understanding that private care has been involved in this process and they seem to agree with what direction you’re taking?” Mr. Kaminky replied, “We’ve had open meetings. They’ve been at every meeting except the last one. We’ve had at least two other nursing homes involved.” Mr. Freeman also questioned, “And you’re looking at a follow up in six months to a year of another 15%?” Mr. Kaminky replied, “Assuming it all works. Our perspective is that direction.” Mr. Foltynewicz stated, “From what I’ve heard from residents out there and their loved ones is that, they have changed because of one thing, the care. The personality out there has been such wonderful greetings to the public that they have changed the image of the county home. They say it’s not because of the money, it’s because when they went out there the people out there were cordial and kind. They could see that the residents were getting way beyond the call of duty from the ones that are working out there.” Vice-Chairman Derango called for a roll call vote on the resolution; 24 ayes, 2 nays, 2 absent. Motion carried. SEE RECORD BOOK 151, PAGE 116-118 PRESENTATION Mr. Derango stated, “As you know, negotiations with CommonWealth or Exelon have been going on. Our team, comprised of Mr. Hicks, Mr. McConville, Mr. Joseph Hettel, Sr. and also assisted by Linda Kendall, bring today an agreement.” Mr. Hicks stated, “We’ve been working on these negotiations for the last couple of years. They got a little more intense over the last four or five months trying to finalize things. Currently our assessment with CommonWealth Edison is $324,200,000.00. The

LaSalle County Board Minutes – March 14, 2005 proposed agreement we have out there with them is bringing it down to $235,000,000.00, which is $89,200,000.00 less in assessed evaluation which is approximately 28% less than the current assessment. There are eleven taxing bodies that are involved in this particular loss in assessments.” A list was passed out stating who the taxing bodies are and showing who intends to lose the most revenue from the decrease in the assessment. Mr. Hicks stated, “All of these taxing bodies I believe are on board with this adjustment. Tentatively at this point in time, it seems everyone is ready to sign off on it.” At this time Mrs. Linda Kendall, Supervisor of Assessments, further explained, “Basically the reason that we are doing this is that our current agreement ends in 2005. So either we reach another agreement with Exelon or I will set the assessment. One of the reasons I have been involved is, if I’m going to have to set the assessment I should know where I’m going to put it. And secondly, all of the taxing districts were very reasonable about the idea that they wanted the agreement to reflect where the assessment should be, based on the information available at this point in time. We are in a situation where we are partially into a deregulated economy, but it will not be completed until 2006. In conversations with all of the other assessment officials in Illinois that have taxing situations on nuclear plants, some appraisers that are involved with nuclear, this is a very grey area currently. One of the reasons that they are looking at a four year agreement is so that we do not get tied into a long term agreement that might be a negative for us. I will tell you that Rock Island County is the first county that had to base their value on market value rather than book value, which is the way we’ve done it in the past. They have had a property tax appeal board in Springfield since 2001. They have spent a quarter of a million dollars in appraisal fees and attorney fees. In fact, it’s $252 thousand dollars and some odd cents as of last week and they have yet to even have a hearing date set for their first hearing. I believe the county board members felt that it behooved us if we could come to an agreement of something I thought was feasible to try and avoid those appraisal costs and attorney fees, if possible. I spent a lot of time looking at the sales. There are sales out there. The majority of them from approximately 2001-2004 would lead me to believe the settlement that is being offered, which does give us an assessment level of $235,000,000.00 would actually be a little bit above where I’d probably would have set it based on the sales available out there. There

LaSalle County Board Minutes – March 14, 2005 are some appraisals out there based on income, however, the appraisal officials that I have talked to are as concerned in the underegulated environment as I am about the projecting electricity costs for the next thirty years. Although there are some out there, they are a little bit on the higher side. There is a very, very big question as to how accurate those might be. The other thing I’d like to mention is Rock Island who is a PTAB (Property Tax Appeal Board), does have an appraisal on their nuclear plant that would result in an assessment of approximately $110,000,000.00 and there is by Exelon an appraisal for $21,000,000.00. So you can tell that when they end up at the property tax appeal board, that probably they are going to end up somewhere between that $21,000,000.00 and the $110,000,000.00. They are a little older than we are. They are not worth quite as much as we are. We should be worth more, but they are at $480.00 a mega watt hour, which is what these plants sell on. This current offer is approximately $683.00 mega watt hour.” At this time Mrs. Kendall answered questions from some of the board members. SEE RECORD BOOK 151, PAGE 119 MOTION Motion by Mr. Hicks to approve the Exelon Agreement, second by Mr. William Johnson. Vice-Chairman Derango called for a voice vote, all ayes. Motion carried. REPORT: OUTSIDE AUDIT Mr. Hicks addressed the board regarding the audit report for the fiscal year ending November 30, 2004. Motion by Mr. Landers to place on file the audit report for the fiscal year ending November 30, 2004, second by Mr. Ronald Johnson. Voice vote, all ayes. Motion carried.

SEE RECORD BOOK 151, PAGE 120 COMMITTEE WORK MISCELLANEOUS The Quarterly Report for Committee Work Miscellaneous was submitted in the total amount of $38,279.10. Motion by Mr. Jordan to approve the Quarterly Report, second by Mr. Kaminky. Roll call vote; 26 ayes, 2 absent. Motion carried. SEE RECORD BOOK 151, PAGE 121-153

LaSalle County Board Minutes – March 14, 2005 APPOINTMENT: (#05-42) MARSEILLES FIRE A resolution was submitted re-appointing Jack Leininger as a Trustee of the Marseilles Fire Protection District for a three year term beginning May 1, 2005 and expiring on April 30, 2008 or until his successor takes office. Motion by Mr. Hicks to approve the re-appointment, second by Mr. Myers. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 151, PAGE 154-155 APPOINTMENT: (#05-43) OGLESBY FIRE A resolution was submitted re-appointing Gary Marincic as Trustee of the Oglesby Fire Protection District for a three year term effective May 1, 2005 to April 30th, 2008. Motion by Mr. Small to approve the re-appointment, second by Mr. Piecha. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 151, PAGE 156-157 APPOINTMENT: (#05-44) DIMMICK-PERU RURAL FIRE A resolution was submitted re-appointing Donald J. Lamps as Trustee of the Dimmick- Peru Rural Fire Protection District for a three year term effective May 1, 2005 to April 30th, 2008. Motion by Mr. Flanagan to approve the re-appointment, second by Mr. William Johnson. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 151, PAGE 158-159 APPOINTMENT: (#05-45) LOSTANT FIRE A resolution was submitted re-appointing Terry Chambers as Trustee of the Lostant Community Fire Protection District for a three year term effective May 1, 2005 to April 30th, 2008. Motion by Mr. Freeman to approve the re-appointment, second by Mr. Garretson. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 151, PAGE 160-161 MISCELLANEOUS REPORTS & CORRESPONDENCE The Treasurer’s Investment Schedule dated March 1st, 2005 was submitted. SEE RECORD BOOK 151, PAGE 162 A Thank You card from Jacey Keeney was submitted. SEE RECORD BOOK 151, PAGE 163

LaSalle County Board Minutes – March 14, 2005 Correspondence from the I.E.P.A. regarding a Public Notice for the proposed revision of the Construction Permit to Lone Star Industries, Inc. in Oglesby was submitted. SEE RECORD BOOK 151, PAGE 164 Correspondence from the Illinois Dept. of Revenue regarding business address verification for tax allocation purposes was submitted. SEE RECORD BOOK 151, PAGE 165 Perspectives on the issues for the 70th District from State Rep. Robert W. Pritchard was submitted. SEE RECORD BOOK 151, PAGE 166 Correspondence from the North Central Illinois Council of Governments regarding an invitation for a workshop on April 21, 2005 at Putnam County High School titled “Engaging Youth in Your Community” was submitted. SEE RECORD BOOK 151, PAGE 167 Correspondence from the Illinois Dept. of Public Health regarding the status of EMT testing was submitted. SEE RECORD BOOK 151, PAGE 168 Correspondence from the Federal Energy Regulatory Commission regarding Marseilles Hydro Power, LLC was submitted. SEE RECORD BOOK 151, PAGE 169 Motion by Mr. McConville to place all on file, second by Mr. Gruenwald. Voice vote, all ayes. Motion carried. COMMENT Mr. Derango stated, “There is an IACO meeting in Peoria on April 26th, 2005. Applications need to be turned in by March 31st if you are interested in going. And Seneca High School got third in the State.” Mary Jane Wilkinson, Clerk, stated, “Traditionally when something like this happens, usually a board member from that area will make a motion recommending that the board send a letter of congratulations to each team member and the coaching staff and cheerleaders.” Mr. Derango stated, ”We will put that on the agenda next month.” Mr. Flanagan commented that former county board member, Larry Martens, had been sick for the last five months and is now at the Heritage Manor Nursing Home in Mendota.

LaSalle County Board Minutes – March 14, 2005 Mr. Derango commented that Chairman Dougherty is in a Peoria hospital and to keep him in your thoughts and prayers. Mr. Gruenwald stated, “If any of the board members still wonder if we need to have the ½ cent public safety sales tax, I would just refer them back to the $712, 797.00 loss to LaSalle County.” Mr. Leininger stated, “I just wanted to thank all the fellow board members for electing me for another four years to the Marseilles Fire Protection District. It is a paid position and I take all of my money and give it to the YMCA and Ottawa Friendship House.” Mr. Freeman stated, “Our Pubic Safety Tax that we set, I think the highest level that we achieved in December of 2004 was $252,000.00, so hopefully the road to recovery is on the way in LaSalle County. It looks very positive for sales of products and goods in the county and I’m very encouraged by those numbers. It looks like five months were pluses over the previous year and I would hope that will continue into 2005. Secondly, there has been a lot of discussion. It was discussed again today about us electing our County Board Chairman countywide. I’ve addressed this issue at several meetings encouraging us to continue forward with this. There has been a lot of talk and I’m afraid there has been an awful lot of clouding of the issue. The bottom line boils down to the people of this county voted this issue at over a 70% to 30% ratio. I think for this board to gain back some credibility that we’ve lost in some issues we need to look strongly at this, address it head on and get it on the ballot to be voted on. I think the longer we prolong this, the longer we keep bringing up issues that cloud it. It was pretty specific in what they asked for, and that was just the County Board Chairman to be elected countywide. Not home-rule, not any other issues that keep getting brought up that are not tied to this as far as I can see and any of the codes or whatever. Let’s address this head on. Let’s get it put on the ballot and get it over with and let the people have a say.” Mr. Savitch stated, “For anyone who would like to participate, please contact Gayle in the board office. She is trying to gather some contributions for troops in Iraq.” Mr. Boe stated, “I just wanted to thank everybody during my recent illness and surgery. Thanks for all the cards and prayers and thoughts.” ------

LaSalle County Board Minutes – March 14, 2005 Motion by Mr. Hicks to recess to April 14th, 2005 at 1:00 P.M. in Room 250 at the Governmental Complex, second by Mr. Savitch. Voice vote, all ayes. Motion carried. MR. DERANGO, VICE-CHAIRMAN AND ACTING CHAIRMAN DECLARED THE MEETING RECESSED TO APRIL 14TH, 2005

LaSalle County Board Minutes – March 14, 2005 STATE OF ILLINOIS ) COUNTY OF LASALLE ) The LaSalle County Board met pursuant to recess at the Governmental Complex, Ottawa, Illinois, on the second Thursday of April, A.D., 2005 it being the 14th day thereof. Mr. Derango, Vice-Chairman and Acting Chairman, called the meeting to order at 1:01 P.M. This is the second meeting of our March 2005 Session. Mr. Derango, Vice-Chairman and Acting Chairman asked the Clerk to call the roll for mileage & per diem. PRESENT: 26 ayes ABSENT: Chairman Dougherty, Mr. Gruenwald, Mr. Panzica There were 23 ayes claiming mileage. Motion by Mr. Foltynewicz to approve the roll call for mileage & per diem, second by Mr. Flanagan. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 152, PAGE 1 Acting Chairman Derango called for any additions or corrections to the March 14th, 2005 minutes. Motion by Mr. Landers to approve the March 14th minutes as presented, second by Mr. Myers. Voice vote, all ayes. Motion carried. RESOLUTION: (#05-46) POSTHUMOUSLY HONOR RAYMOND E. “PETE” BRADLEY A resolution was submitted to posthumously honor former County Board member Raymond E. “Pete” Bradley who recently passed away. Motion by Mr. Jordan to approve the resolution, second by Mr. Garretson. Voice vote, all ayes. Motion carried. A moment of silence was observed in his honor. SEE RECORD BOOK 152, PAGE 2 RESOLUTION: (#05-47) SENECA TWP HIGH SCHOOL BOYS BASKETBALL TEAM

A resolution was submitted commending the Seneca Township High School Boys Basketball Team which entered into the Class A State Basketball Tournament and reached the distinctive rank of Third in the State.

LaSalle County Board Minutes – April 14, 2005 Motion by Mr. Hall to approve the resolution, second by Mr. Leininger. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 152, PAGE 3-5 At this time Acting Chairman Derango presented a Certificate of Achievement Award to Coaches Doug Evans and Jeff Stenzel (not present), Assistant Coaches Shane Trager (not present) and Brad Tomhave, Team Managers Aaron McKnight (not present) and Ju Yung Lee (not present), and team members Ryan Kaufmann, Dustin Shelton, Seth Hobbs, Travis Misener, Luke Anderson, Marty Hetelle, Tyler Smith, Garrett Callahan, Nathan Hogue, Brett Anderson, Robert Rexroade, Alex Spicer, Griffan Callahan and Tim Schmanske. STUDENT EXCELLENCE AWARD Mr. Richerd Myers, Asst. Supt. of Schools, introduced two students who were awarded the Student Excellence Awards; from Milton Pope School, Jacey Keeney; and from Oglesby Washington Jr. High School, Jenna Ksiazkiewicz. Both students were presented with an award plaque from Acting Chairman Derango and applauded by the Board. RESOLUTION: #05-12 (#05-48) COUNTY HIGHWAY A resolution was submitted designating County Highway 3 (F.A.S. Route 259) from Sheridan North 0.67 miles to N. 42nd Road as a Class III Truck Route and authorizing the County Board Chairman to enter into an agreement with the IL Department of Transportation for reimbursement of $55,200 from the Truck Access Route Program (TARP) Fund. Motion by Mr. Kaminky to approve the resolution, second by Mr. Landers. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 152, PAGES 6-11 RESOLUTION: #05-13 (#05-49) COUNTY HIGHWAY A resolution was submitted designating County Highway 5 (F.A.S. Route 273) from Illinois Route 170 East 1.05 miles to the Grundy County line as a Class III Truck Route and authorizing the County Board Chairman to enter into an agreement with the IL Department of Transportation for reimbursement of $78,000 from the Truck Access Route Program (TARP) Fund. Motion by Mr. Flanagan to approve the resolution, second by Mr. Ronald Johnson. Voice vote; all ayes. Motion carried. SEE RECORD BOOK 152, PAGE 12-17

LaSalle County Board Minutes – April 14, 2005 PRESENTATION Ms. Jennifer Woods, GIS Coordinator for LaSalle County, addressed the Board requesting to go to a conference in California on July 22nd thru July 30th. Ms. Woods stated, “I attended the conference last year in August and I’m requesting to attend it again this year. This year I am requesting to take a couple of pre-conference seminars on Saturday and Sunday. With that cost and the cost of hotel and air-fare tickets, I’m looking to spend around $2,800. This does come out of my budget and not the General Fund.” MOTION Motion by Mr. Stockley to allow Ms. Woods to attend the conference in California, second by Mr. Jakupcak. Voice vote, all ayes. Motion carried. RESOLUTION: (#05-50) OPPOSONG ELIMINATION OF FEDERAL FUNDING FOR AMTRAK A resolution was submitted stating that LaSalle County support full funding of Amtrak and oppose elimination of federal funding. Motion by Mr. William Johnson to approve the resolution, second by Mr. McConville. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 152, PAGE 18-19 RESOLUTION: (#05-51) IN SUPPORT OF SOMONAUK AREA SEWER DISTRICT FEASIBILITY STUDY A resolution was submitted stating that LaSalle County support the Village of Somonauk’s effort in obtaining grant money for a feasibility study for a sanitary district. Motion by Mr. Kaminky to approve the resolution, second by Mr. Erbrederis. Mr. Piecha stated, “This allows Somonauk to make a request for grant money for a feasibility study creating a sanitary district, which is badly needed up in that area. With the subdivisions that are coming in, a sanitary district is essential.” Mr. Myers questioned, “If they form this district, then they would be a taxing body? Is that correct?” Attorney Troy Holland replied, “I think this is just a first step for them to determine whether it’s even feasible and then they have to go to the voters to approve a sanitary district, which would become a separate taxing body.”

LaSalle County Board Minutes – April 14, 2005 Mr. Erbrederis stated, “At a meeting the other night they received a quotation of almost $10 million dollars to upgrade their current sewer treatment and water treatment plant for the next ten year potential growth factor in the Somonauk area. It is something that isn’t if it’s going to occur, it’s when it’s going to occur. It will impact the voters in the area one way or the other. They are either going to have to fund the $10 million dollar upgrade or they are going to have to look at some kind of community sewer system which will be shared throughout all of the area rather than being footed by one community. The federal government offers different funds under the E.P.A. for upgrading municipal sewer systems. So they are seeking the county’s support through a resolution to approach the local state senators and federal representatives for the funding. There is no firm dollar amount.” Acting Chairman Derango called for a voice vote; all ayes. Motion carried. SEE RECORD BOOK 152, PAGE 20-21 PRESENTATION Mr. Mark Krueger, Asst. Superintendent of the Detention Home addressed the Board requesting to send two staff members to Indianapolis, Indiana to attend a workshop and awards meeting from June 5th through June 8th, 2005. Mr. Krueger stated, “Joanne White and I have recommended that one supervisor and one potential line staff be recommended for the Line Staff Award and Supervisor Award. We recommended Melinda Gubbels, Supervisor and Marsha Noll who is one of our line workers to attend this meeting and receive an award that we nominated them for. I was just made aware of the meeting today. I don’t have the figures, but I can get them for you.” Mr. Walsh stated, “The line item expenditures for travel are in the budget, so it’s not going to be over budget. That’s the main point.” MOTION Motion by Mr. Walsh to send two staff members from the Detention Home to Indianapolis, Indiana to attend the workshop and awards meeting, second by Mr. Jakupcak. Voice vote, all ayes. Motion carried. RESOLUTION: (#05-52) TRAIL TAG PROGRAM A resolution was submitted stating that LaSalle County implement a trail tag program at Catlin and Shabbona Parks with an annual trail tag fee of $10.00 per horse, mule and bicycle. Motion by Mr. William Johnson to approve the resolution, second by Mr. Mr. Flanagan.

LaSalle County Board Minutes – April 14, 2005 Mr. Freeman questioned, “It is my understanding that we were approached by some of the horsemen, and that they suggested this?” Mr. Terry McCormick, Park Manager replied, “Yes.” Mr. Freeman stated, “I want the public to be aware that this wasn’t something that was actually initiated by this Board or by the committee, and that actually the people that use it have come forward and suggested something like this. They were concerned of the closing of the parks possibly. They looked at this as an alternative to help maintain and keep the parks open.” Mr. Freeman also questioned, “In any way does this have a problem with the nature of the parks that were given to us to use that we are going to charge fees? We were given this land to use for the people of LaSalle County.” Mr. McCormick replied, “The difference is horses, mules and bicycles cause additional trail maintenance then foot traffic just by the nature of the impact on the ground. This is their way of trying to help out the situation. It’s not going to solve the County’s financial problems. It’s one way that they would like to help.” Mr. Freeman questioned, ”Is this for each time they come to the park or is it an annual fee?” Mr. McCormick replied, “It’s a one time fee.” (referring to the annual fee). At this time Mr. McCormick stated what other counties charge. Mr. Myers questioned, “Are there any provisions for noncompliance?” Mr. McCormick replied, “They can either buy one or leave.” Mr. Small questioned, “Who is going to enforce this? Mr. McCormick replied, “We are.” Mr. Small questioned, “This resolution says Shabbona Park. Is it suppose to say Shabbona Park?” Mr. Kaminky replied, “The thought is that we’re hoping to build trails at Shabbona Park that would be used by bike and horses. This is a one time ordinance. Shabbona Park has no trails at the moment, but at some point in time if it does, we’re not going to go back and redo an ordinance.” Mr. Leininger questioned, “How are you going to know that they paid their $10.00?” Mr. McCormick replied, “A tag will go on the horse or bicycle.” Mr. Leininger expressed his concerns regarding the charge of using county property.

LaSalle County Board Minutes – April 14, 2005 Mr. Myers questioned, “How much money do you think you’ll have?” Mr. McCormick replied, “I’m guessing four to five thousand dollars maximum. We probably have about one thousand horses through there in a season, but I don’t know how many are repeats. Some people come out every weekend and some people come out only once. I never kept track of that.” Mr. Small questioned, “Is this money going into the General Fund or a separate account for the park trails?” Mr. McCormick replied, “It will go into the General Fund.” Mr. Freeman stated, “I’d like us to at least keep track of how much money this has generated. Really the money should be channeled and used to upkeep the parks.” Acting Chairman Derango replied, “We have our outside accountant here. I guess we could do that.” Carrie Echols, Outside Auditor, replied, “You do have a department within the General Fund for County Parks and you can definitely designate that this revenue go to a line item.” Acting Chairman Derango called for a voice vote, all ayes. Motion carried. SE RECORD BOOK 152, PAGE 22-23 REPORT: OUTSIDE AUDIT Carrie Echols, of Echols, Mack & Associates, P.C., outside auditor for LaSalle County, addressed the Board to answer any questions regarding the audit report for the fiscal year ending November 30, 2004. Ms. Echols stated, “In general, during the past year ending November 30, 2004, in the Governmental Funds of the County, the revenues in comparison to the year before are approximately $2 million dollars lower. The expenses are also $2 million dollars lower. The big difference in comparables between 2003 and 2004, deals specifically with the activities of the Insurance Fund. Your real estate tax revenues for the governmental funds of the county, excluding the insurance fund and the nursing home fund because those are enterprise funds, the real tax revenues for governmental funds were $8.7 million for the year. So the governmental activities of the county had a net loss of $2 million dollars for the year ending November 30, 2004. You had a loss also the year before of approximately $2 million dollars, within $100,000. In round numbers you are very comparable from one year to the next in the net

LaSalle County Board Minutes – April 14, 2005 activity of the governmental funds of the county. You have a fund balance at the end of November in the amount $18 million dollars in the governmental funds. Mr. Jakupcak questioned, “On page 11, I see you pointed out that the overtime in the Sheriff’s Department is draining the general fund. I was very disappointed that the public safety tax didn’t pass because we were hoping it would replenish that a little bit. What are your predictions with the general fund? I know we won’t really know what’s coming in until June from the payment of the real estate taxes, but if that continues I don’t see how we are going to get our reserves built back up. Do you see this to be a problem?” Ms. Echols replied, “At this time as of the end of November you had $18 million dollars in your fund balance, but you are losing $2 million dollars a year. So you have eight or nine years at that rate without the recent levy increases that are going to be forthcoming. At this time I am not prepared to answer in detail as to what my projections of what your new increases will do to reduce your deficit, but they definitely will help to reduce the deficit. We should have more information in regards to that within a couple of months as those things are finalized.” Mr. Piecha stated, “On page 45 regarding benefit pension plan a lot of comments from the public in regard to county board members receiving a pension, note that the actual cost of pension in the year 2003 was $546,910. The Sheriff’s Department and the employees of the county both fall under the same pension program.” Ms. Echols replied, “There is some separation. You actually have three separate pension plan programs. So there is distinction between which pension plan programs that some of those employees are participants of. You were alluding to the cost that is indicated on page 45 and on page 50 there are additional costs as well in the last paragraph that is a separate defined benefit plan as well. There is also one on page 48 and that would be the three IMRF plans that cover the entire county in the operations of those people that are covered. The distinction there is basically within the Sheriff’s Department and the correctional officers. The one you mentioned on page 45 would be the majority of the county employees and the board as well. The other two are specific to certain unions.” Mr. Piecha stated, “I certainly appreciate those remarks, but I have to get back to some public comments as far as the county board members being participants in this pension program. And that number seemed to me that it was awful high at one time. And I doubt if it’s as high as some of the citizens are claiming it is. We’re talking $300 some thousand dollars for

LaSalle County Board Minutes – April 14, 2005 board members and board members don’t make that kind of money to come up with that type of figure.” Ms. Echols replied, “The employer rate for the previous calendar year, which is the information that would be available at the time of this audit, was 13.53% of payroll. So it’s 13.5% of salary cost.” Mr. Piecha replied, “And all employees who are involved in the pension is 6.5%, right?” Ms. Echols replied, “That’s right. That would be the employee cost. And the employer is 13.5% in that particular plan.” Mr. Freeman questioned, “On page 50 who gets the 35.01% paid by the employer?” Ms. Echols replied, “In addition to page 48 those cover two separate unions, which cover certain employees of the county as well, primarily in the sheriff’s department and the probationary officers and those types of employees. There are specific unions that are covered by these other two IMRF plans. The entire pension cost of the county is not just the $546,910 on page 45. It includes the $338,966 on page 48 and $238,662 on page 50. It’s about a million dollars in total.” MOTION Motion by Mr. Rigby to place on file the audit, second by Mr. Hicks. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 152, PAGE 24 ORDINANCE: AMENDING THE LASALLE COUNTY BUILDING PERMIT ORDINANCE An ordinance was submitted amending the LaSalle County Building Permit Ordinance. Mr. Piecha stated, “We are going to take action on this ordinance at our next meeting. And then at that meeting we will have further discussion on it.” Attorney Troy Holland stated, “This is the ordinance which it’s primary purpose coming from the committee is to adopt codes for commercial and industrial building and multi-family structures. There was a little bit of typographical clean up of the prior ordinance. The only other change that effects the residential that was previously adopted, and this was a suggestion of the independent inspector, is in a change for the ground snow load, from 20 to 25 lbs. on page 3. Other than that, the rest of the language is to incorporate those commercial codes. It’s to be placed on file and enacted on at the next meeting.”

LaSalle County Board Minutes – April 14, 2005 Motion by Mr. Piecha to place the ordinance on file and to delay action until the next meeting, second by Mr. Jordan. Attorney Troy Holland stated, “The code books are on file as well as the different books that are adopted. They’ve been on file for over a month in Mary Jane Wilkinson’s office.” Roll call vote; 21 ayes, 3 nays, 4 absent. Motion carried. SEE RECORD BOOK 152, PAGE 25-36 COMMENT Mr. Landers commented, “I just heard that Kendall County has become the second largest growing county in the United States and we’re not too far away from it. We’re going to have to work hard and together as far as a Board to get ourselves organized. Our infrastructure is not ready for this sprawl. Our schools, our highways, everything we have to do with LaSalle County, we better be ready for or people are going to run right over the top of us.” Mr. Jakupcak commented, “Predictions for this county within the next ten years will be 150,000 more people on top of the 112,000 that we have now.” Mr. Piecha commented, “We are taking all measures as we possibly can to help the school districts, which are hurt by some of these developments. We did that with the land cash. So we are taking steps to get ready for a big push.” APPOINTMENT: (#05-53) DRAINAGE DISTRICT #2 WALLACE A resolution was submitted appointing John Kennedy, Jr. to Drainage District #2 Wallace for a term to expire upon his successor taking office or September 4, 2006. Motion by Mr. Small to approve the appointment, second by Mr. Boe. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 152, PAGE 37-38 APPOINTMENT: (#05-54) EARLVILLE FIRE A resolution was submitted reappointing Robert E. Larkin, Jr. as a Trustee of the Earlville Fire Protection District for a three year term beginning May 1, 2005 and expiring on April 30, 2008 or until his successor takes office. Motion by Mr. Stockley to approve the reappointment, second by Mr. McConville. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 152, PAGE 39-40

LaSalle County Board Minutes – April 14, 2005 APPOINTMENT: (#05-55) DANA FIRE A resolution was submitted reappointing Cecil Vance as a Trustee of the Dana Fire Protection District for a three year term beginning May 1, 2005 and expiring on April 30, 2008 or until his successor takes office. Motion by Mr. Freeman to approve the reappointment, second by Mr. Leininger. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 152, PAGE 41-43 APPOINTMENT: (#05-56) READING COMMUNITY FIRE A resolution was submitted reappointing Ronald Sievers as a Trustee of the Reading Community Fire Protection District for a three year term to serve until the first Monday in May, 2008 or until his successor takes office. Motion by Mr. Garretson to approve the reappointment, second by Mr. Jordan. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 152, PAGE 44-49 APPOINTMENTS: (#05-57) ALLEN TOWNSHIP FIRE A resolution was submitted reappointing Henry Hepner and Joseph Cusack as Trustees for Allen Township Fire Protection District for a period of three years and their term to commence upon taking their oath of office and expire on April 30, 2008 or upon their successor taking office. Motion by Mr. Garretson to approve the reappointments, second by Mr. Myers. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 152, PAGE 50-52 APPOINTMENT: (#05-58) SOMONAUK COMMUNITY FIRE A resolution was submitted reappointing James Johnson as Trustee of the Somonauk Community Fire Protection District for a three year term effective the first Monday of May, 2005 and expiring the first Monday of May, 2008 or until his successor qualifies and takes office. Motion by Mr. Kaminky to approve the reappointment, second by Mr. Ronald Johnson. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 152, PAGE 53

LaSalle County Board Minutes – April 14, 2005 APPOINTMENT: (#05-59) SHERIDAN FIRE A resolution was submitted reappointing Ben Weigman as a Trustee for Sheridan Fire Protection District for a period of three years, his term commencing at the end of his current term and expiring on the first Monday of May, 2008 or upon his successor taking office. Motion by Mr. Erbrederis to approve the reappointment, second by Mr. Boe. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 152, PAGE 54-56 MISCELLANEOUS REPORTS & CORRESPONDENCE Correspondence from the Peoria Area Convention and Visitors Bureau regarding the Illinois River Road – Route of the Voyageurs Scenic Byway was submitted. SEE RECORD BOOK 152, PAGE 57 The Treasurer’s Investment Schedule dated April 1st, 2005 was submitted. SEE RECORD BOOK 152, PAGE 58 Correspondence from Senator J. Bradley Burzynski stating that he will work with Senator Dahl to represent the County’s concerns regarding the Veterans Home in LaSalle was being submitted. SEE RECORD BOOK 152, PAGE 59 LaSalle County Clerk’s office received a phone call on April 5th, 2005 from Senator Chris Lauzen who is also in support of the Veterans Home in LaSalle. SEE RECORD BOOK 152, PAGE 60 Correspondence to the Illinois Dept. of Revenue regarding business address verification for tax allocation purposes was submitted. SEE RECORD BOOK 152, PAGE 61 Motion by Mr. Flanagan to place all on file, second by Mr. Landers. Voice vote, all ayes. Motion carried. COMMENT Mr. Foltynewicz commented, “I just received a letter from Representative Careen Gordon (Dist. 75), stating that she is sponsoring House Bill 3760, which will appropriate money for some improvements and upkeep of the parks. She would also like us to discuss this House Bill with family, friends and co-workers and to let her know of any thoughts and concerns. She is in Springfield during the legislative session and would like to set up a time in the near future with members of her staff or she will come and attend the upcoming meeting.”

LaSalle County Board Minutes – April 14, 2005 Mr. Foltynewicz stated that there will be a committee meeting at Catlin Park on May 13th, 2005 9:00 a.m. for anyone who would be interested in coming. Mr. Leininger asked for an update on the E-9-1-1 resolution that was passed months ago regarding the charges and when they might be starting to show on people’s phone bills. Mr. Hicks stated, “I’m on that committee and we have not had any meetings since the inception of the committee. I believe Paul Rausch (Chairman) had some issues that he had to deal with the State of Illinois with what was going on. I would assume it’s going to be in the very near future.” Attorney Troy Holland stated, “I know the ordinance has been sent out to the phone companies, which gets the ball rolling as far as when the fee is charged. They’ve got ninety days before they have to implement it from the day that the phone companies receive it.” Mr. Leininger stated, “I still don’t understand the hold up.” Mr. Erbrederis stated, “The biggest obstacle that we face in implementing the 9-1-1 are the telephone companies. It all depends on their schedule, their setting up the addressing, which is why it’s going to take approximately two and a half to three years. This committee worked on that project for almost two years just trying to get the telephone companies together to get the information so we could come up with a dollar figure on what the surcharge would be. If it took them that long just to get us a dollar amount, it’s going to take them a heck of a lot longer to actually implement addressing, verification and routing of all the telephone calls. So there is a lot of hidden work that is involved with the Illinois Congress Commission, telephone companies and the consultant before anything can be done.” Mr. Boe stated, “I also got a call on why there were never any meetings for this committee. Who would be in charge of calling a meeting of this board that we appointed?” Attorney Troy Holland stated, “I assume the Chairman of the Board, Mr Rausch.” Mr. Erbrederis stated, “To address that issue, and to remind the county board, that once the resolution has passed, the ETSB Board was created, the county has no responsibility and the county has no liability. All of the planning and meetings are all of the responsibility of that Board. The only thing this county board can do is to appoint or replace the board just as we do with any other appointment by resolution. If anyone has a question they should direct them to Mr. Rausch or to the ETSB Board.”

LaSalle County Board Minutes – April 14, 2005 Acting Chairman Derango stated, “I talked to the Chairman this morning and he said to say hello to everybody. I think he is getting a little stronger. Hope to see him back real soon. He appreciates all your thoughts and prayers.” Acting Chairman Derango also read a portion of an issue of the Progressive Farmer Magazine in which a classmate sent to him. The magazine looks at many things that people desire from government to all; quality schools, low crime, good health, clean air, water and they also looked at counties that had access to larger cities for culture and shopping. We were number 29 in the United States.” ------Motion by Mr. Hicks to recess to May 12th, 2005 at 1:00 p.m. in Room 250 at the Governmental Complex, second by Mr. Savitch. Voice vote, all ayes. Motion carried. MR. DERANGO, VICE-CHAIRMAN AND ACTING CHAIRMAN DECLARED THE MEETING RECESSED TO MAY 12TH, 2005

LaSalle County Board Minutes – April 14, 2005 STATE OF ILLINOIS ) COUNTY OF LASALLE ) The LaSalle County Board met pursuant to recess at the Governmental Complex, Ottawa, Illinois, on the second Thursday of May, A.D., 2005 it being the 12th day thereof. This is the third meeting of our March 2005 Session. Mr. Derango, Vice-Chairman and Acting Chairman called the meeting to order at 1:04 P.M. Mr. Derango, Vice-Chairman and Acting Chairman asked the Clerk to call the roll for mileage & per diem. PRESENT: 27 Members ABSENT: Chairman Dougherty, Mr. Freeman There were 24 ayes claiming mileage. Motion by Mr. Rigby to approve the roll call for mileage & per diem, second by Mr. Jakupcak. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 152, PAGE 62 th Acting Chairman Derango called for any additions or corrections to the April 14 , 2005 minutes. Motion by Mr. Foltynewicz to approve the April 14th minutes as presented, second by Mr. Flanagan. Voice vote, all ayes. Motion carried. RESOLUTION: (#05-60B) POSTHUMOUSLY HONOR LARRY MARTENS A resolution was submitted to posthumously honor former County Board member Larry Martens who recently passed away. RESOLUTION: (#05-60A) POSTHUMOUSLY HONOR BEN J. SAMEK A resolution was submitted to posthumously honor former County Board member Ben J. Samek who recently passed away. Motion by Mr. Landers to approve the resolutions, second by Mr. Small. Voice vote, all ayes. Motion carried. A moment of silence was observed in their honor. SEE RECORD BOOK 152, PAGE 63-64 STUDENT EXCELLENCE AWARD Mr. Richard Myers, Asst. Supt. of Schools, introduced the two students who were awarded the Student Excellence Award; from Dimmick School, Christina Guerrero; and from

LaSalle County Board Minutes – May 12, 2005 Grand Ridge School, Caitlin Rinker. Both students were presented with an award plaque from Vice-Chairman Derango and applauded by the Board. Mr. Myers stated, “These are the last two awards this year, but I would like to mention that this is the fourteenth year through the generosity of the Board and the Schools Committee that we’ve presented these awards. I have figured out that we have presented over two hundred awards to students in our county in the middle schools and high schools.” CITIZEN COMMENT Mr. Fred Mitro stated, “I am not a citizen of LaSalle County, but I am here to provide some comments on the proposed amendment to the building permit ordinance. I’m involved in the renewable energy industry here within the United Stated. I work for a company that’s actively developing wind energy farms across the country and here in Illinois. I wanted to provide some comments from the perspective of a developer working in this business, as elements of the proposed amendment effect our business in developing, constructing and operating wind farms on a long term basis. It’s an exciting time right now in our business as communities across the county are embracing the development and construction of wind energy farms as a viable solution to the need for more electrical capacity across the country. The first area that I’d like to give some comment on with regard to the proposed amendment is the change in the fee structure. We believe this proposed change has the potential to act as a discouragement to future development of wind energy because it possibly imposes a cost on a particular wind farm in a location that may not be borne by similar wind farms in another part of the state. As our business and industry evolves, it’s becoming a more and more competitive industry to place a specific cost on one particular wind energy project. It could place it at a economic or competitive disadvantage relative to other wind farms in the state that don’t have the same costs applied to them. Secondly, as technology advances right now in our industry, what we’re seeing is a tendency for the towers, that the wind turbines are constructed on, become taller as the machines get larger. This has the potential under the proposed change in the fee to result in larger and larger fees for the project as a function of the towers increasing in height. Again, we think this is a potential to discourage development and also the potential in the investment in companies like

LaSalle County Board Minutes – May 12, 2005 mine and others in the latest technology and the most efficient technology, because there may be a higher cost associated with that particular technology in relation to a building permit fee. The third area I’d like to comment on is that these fees, I believe as they are being proposed, would also be imposed on what we would call wind test towers, which are towers we use in our business typically to measure and collect data on the wind before a decision is ever made to develop and construct a farm. This is part of the normal course of our development and by imposing a fee on those towers on a per foot basis, could potentially act as a deterrent to development of a wind farm in a particular community. The test towers are typically around two hundred feet tall, so under the proposed fee arrangement that would result in a cost of about $5,000 per test tower as a building permit fee. The cost of those test towers themselves are about $15,000. That’s a fee that’s approximately about 30 or 33 percent of the overall cost to put the tower up. It’s a significant dollar amount, relative to the investment necessary to collect the data on the wind and to see if a particular area is well suited. So again, that could act to discourage developers from wanting to make the initial investment to see if an area has the potential to be a wind farm. Those were the three areas where I wanted to provide comments. I also wanted to provide a couple of potential ideas for consideration as alternatives. The first one really goes back to my last point, with the idea of excluding the wind test towers from the fee itself because those towers tend to be of a temporary nature. They’re typically installed for one to three years and they don’t require any type of a permanent concrete foundation in order to be erected. We think that there is logical reasoning why those test towers should be excluded. The second suggestion was as an alternative to the $25.00 per foot fee that’s been proposed. Consider the possibility of a fixed fee structure. Something that the Board feels appropriate given the time and effort and attention that would need to be paid by the county officials in terms of an inspection of a wind tower once it’s been erected. To give you some experience around the country and other communities where we have constructed projects in the past and where we’re constructing projects this summer, we typically see fees in the $500 to $2,000 per tower range. That’s roughly about 1/3 the cost of what it would be under the proposed amendment. Another alternative if the Board feels that the dollar per foot arrangement that’s been proposed is a direction they want to go, would be to consider a graduated fee schedule where the fee would decrease on some declining basis based on the number of towers

LaSalle County Board Minutes – May 12, 2005 that were installed, or implementing some sort of cap on the maximum price that the fee would be imposed at. So that as the towers get taller, you don’t have an open ended cost structure that could be imposed on the developer and the owner of the farm after it’s been constructed.” COMMENT Mr. Mike Harsted addressed the Board stating that due to lack of confirmation regarding the final plat for Prairie Oaks Phase III, it will not be presented to the LaSalle County Board today. RESOLUTION: #05-06 (#05-61) VARIANCE TO THE SUBDIVISION ORDINANCE A resolution was submitted granting a variance to the subdivision ordinance to allow Robert & Mary Ellen Duttlinger to split a 3.61 acre parcel with 350 feet of public road frontage into two parcels, one of 2.61 acres with 300 feet of public road frontage and a second parcel of 1.0 acre with 50.0 feet of public road frontage located in Farm Ridge Township, LaSalle County. Motion by Mr. Landers to approve the variance, second by Mr. Foltynewicz. Voice vote, 1 nay. Motion carried. SEE RECORD BOOK 152, PAGE 65-66 RESOLUTION: #05-07 (#05-62) VARIANCE TO THE SETBACK ORDINANCE A resolution was submitted granting a variance to the setback ordinance for Lounetta Ceja to construct a new home a minimum of 33 feet from the centerline of E. 1951st Rd., and 66 feet from County Highway #18 located in Dayton Township, LaSalle County. Motion by Mr. Jakupcak to approve the variance, second by Mr. Piecha. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 152, PAGE 67-68 COMMENT Mr. Harsted commented that they collected about 21, 700 tires in their collection that was held two weeks ago. Everything went very well and it was a good project. Mr. Jakupcak questioned, “Are we going to have that again this year or next year?” Mr. Harsted replied, “You have to understand why we have this in the first place. The idea is not to come up with an option not to pay the $1.50 when they go to a tire vendor. That’s

LaSalle County Board Minutes – May 12, 2005 totally opposite of what our goal is here. The money that goes in (for example, when you go to Farm & Fleet or Rice Tire) is the money that is used to pay for these types of collections. Now for those people who have clean up issues, or unable to dispose of their tires or purchase property that have those tires on there, that’s a different item. Unfortunately, we have come to find over the years the numbers keep growing, which only leads one to believe that people are relying on this as an outlet for their tires. That’s not our intentions here. We don’t discourage people, but I’m just suggesting that they take care of their tires properly. This is your last ditch effort to get rid of them. We probably won’t have one for two to three years, due to the fact that this is going to be a very expensive project. We anticipated 9,000 tires and we got 21,000 tires. I think it kind of caught everybody a little off guard. We’ll have another one, but I’m still suggesting let’s dispose of our tires when we get the new ones.” RESOLUTION: (#05-63) COUNTY HIGWAY A resolution was submitted requesting the consent of the Illinois Department of Transportation to the reappointment of Lawrence J. Kinzer as County Engineer. Motion by Mr. Boe to approve the resolution, second by Mr. McConville. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 152, PAGE 69-70 RESOLUTION: (#05-64) COUNTY HIGHWAY A resolution was submitted reappointing Lawrence J. Kinzer as County Engineer for LaSalle County. Motion by Mr. Landers to approve the resolution, second by Mr. Savitch. Roll call vote; 26 ayes, 2 absent. Motion carried. SEE RECORD BOOK 152, PAGE 71-73 RESOLUTION: (#05-65) COUNTY HIGHWAY A resolution was submitted entering into an agreement with the Illinois Department of Transportation for the use of Surface Transportation Program Funds to pay a portion of the County Engineer’s Salary. Motion by Mr. Treschak to approve the resolution, second by Mr. McConville. Same roll call vote; 26 ayes, 2 absent. Motion carried. SEE RECORD BOOK 152, PAGE 74-77

LaSalle County Board Minutes – May 12, 2005 RESOLUTION: #05-15 (#05-66) COUNTY HIGHWAY A Supplemental to Resolution #04-32 was submitted requesting the additional sum of $51,700 be appropriated from the County’s allotment of Motor Fuel Tax Funds for the purpose of paying the salary of the LaSalle County Engineer from January 1, 2005 to December 31, 2005 for Section 05-00000-00-CS and authorizing surface transportation program funds to be made available to IDOT in an amount equal to 50% of the County Engineer’s annual salary. Motion by Mr. Boe to approve the resolution, second by Mr. Flanagan. Same roll call vote; 26 ayes, 2 absent. Motion carried. At this time Mr. Kinzer introduced his parents, Mr. & Mrs. Russell and Joan Kinzer who were in attendance. SEE RECORD BOOK 152, PAGE 78-79 RESOLUTION: (#05-67) ESTABLISHING UNIFORM REAL ESTATE TRANSFER TAX A resolution was submitted stating that effective June 1, 2005 and pursuant to Public Act 93-1099 and 55 ILCS 5/5-1031, there is hereby imposed a tax on the privilege of transferring a controlling interest in a real estate entity owning property located in LaSalle County, including a lessee’s interest in certain ground leases, in the amount of $0.25 per $500 consideration or fraction of $500 value declared in the real estate transfer declaration required by 35 ILCS 200/31-25, such tax to be in addition to any and all transfer tax currently authorized for collection by the county. Motion by Mr. Hicks to approve the resolution, second by Mr. Walsh. Mr. Tom Lyons, Recorder of Deeds Office, explained the resolution to the Board members. Vice- Chairman Derango called for a voice vote, all ayes. Motion carried. SEE RECORD BOOK 152, PAGE 80-81 RESOLUTION: (#05-68) AUTHORIZING PARTICIPATION AS A MEMBER IN THE ILLINOIS EMERGENCY MANAGEMENT MUTUAL AID SYSTEM RESPONSE A resolution was submitted authorizing participation as a member in the Illinois Emergency Management Mutual Aid System Response pursuant to an intergovernmental

LaSalle County Board Minutes – May 12, 2005 agreement by and between LaSalle County and the Illinois Emergency Services Management Association for the establishment of a Mutual Aid intergovernmental service agreement. Motion by Mr. Jordan to approve the resolution, second by Mr. Kaminky. Mr. Mike Jobst, E.M.A. Director, addressed the Board stating, “This organization of county and municipal emergency managers in the state always had kind of an informal mutual aid agreement. We have used these people under the informal association that we had before in Utica. There were about twelve coordinators that came to help us out. The state has formalized this organization into a statewide mutual aid group now. They have divided the state into three divisions and upon passage of the resolution and exception of the mutual aid agreement, makes us eligible now to go to the state of Illinois and pull resources from anywhere in the state, should we need them. The fact that we have used them in the county made it very important to me that we also become a member of this organization. Also, Illinois was asked to provide a number of county emergency managers to the State of Florida during the hurricanes. There were six or seven county managers from Illinois that did go down there for a two week tour. What the state has done is taken an informal agreement between the county emergency managers and formalized it, and made it available through the State of Illinois’ Emergency Operation Center for deployment anywhere in the state.” Vice-Chairman Derango called for a voice vote, all ayes. Motion carried.

SEE RECORD BOOK 152, PAGE 82-92 RESOLUTION: (#05-69) RETAINING COUNTY AUDITOR A resolution was submitted retaining Echols, Mack & Associates, P.C. to perform LaSalle County’s outside audit and the related services listed above for fees not to exceed the amount of $35,000.00 for the fiscal year ending November, 2005, $35,000.00 for fiscal year ending November 2006 and $36,000.00 for fiscal year ending November 2007. Motion by Mr. William Johnson to approve the resolution, second by Mr. Panzica. Same roll call vote; 26 ayes, 2 absent. Motion carried. SEE RECORD BOOK 152, PAGE93-104 ORDINANCE: (#05-70) AMENDING THE LASALLE COUNTY BUILDING PERMIT ORDINANCE An ordinance was resubmitted amending the LaSalle County Building Permit Ordinance, which was placed on file and delayed for action at last months meeting.

LaSalle County Board Minutes – May 12, 2005 Motion by Mr. McConville to approve the ordinance, second by Mr. Foltynewicz. Troy Holland, County Attorney, stated, “On page eight there is one change since the last presentation of this ordinance, recommended by the Development Committee under “Accessory Structures”. This would be for residential. They recommended dropping the per square foot cost of $.0.15 to $0.10, but raising the minimum from $40.00 to $50.00. That is the only part that is different than the presentation last time.” Mr. Small questioned, “On page two at the top, it lists who it pertains to. It has “institutional public except those that are state and federally funded”. Does that mean the public schools in the unincorporated area are exempt or are they part of the inspection?” Mr. Holland replied, “I had talked to the company that administers our ordinance. They indicated places such as schools that receive funding from the state have their own codes that they have to meet. They do not touch those buildings or structures that have to meet other codes because they are state or federal funding. So in essence they would be exempt.” Mr. Small questioned, “On page nine under “a.” (alterations** remodeling**use change** re-roof** residing** all buildings and structures $8/thousand value, but not less than $100.00 minimum). Does that mean if you are doing $8,000 dollars worth of work on a building, it falls under where you have to have a permit?” Mr. Holland replied, “It’s $8.00 per thousand of value for that alteration or remodeling.” Mr. Small questioned, “So, re-roofing you have to get a permit?” Mr. Holland replied, “Yes, on the commercial side.” Mr. Small questioned, “Agriculture is exempt, right? Where is the line between agriculture and commercial? There are farmers that have semis that do commercial driving. If they put up a building is it for agriculture or is it commercial?” Mr. Holland replied, “You’ve got to start at the definition, which involves the growing of crops. I suppose we could get into some grey areas. Mr. Harsted can attest to the fact that we fight this issue everyday, as far as exemptions.” Mr. Mike Harsted, Environmental Services Director, stated, “The bottom line on how we make the decision between the two is if that person can supply a Schedule F or a Schedule 4835, which is for citizens of sixty-five years or older that farm. Some townships may have different decisions due to the zoning issues, but as far as we’re concerned that’s how we make the determination.”

LaSalle County Board Minutes – May 12, 2005 Mr. McConville stated, “I don’t think it was really meant to give them a way around it, but it would just be impossible to police otherwise.” Mr. Piecha stated, “The resolution calls for a building permit application fee for when energy towers, cellular towers and other commercial towers shall be $25.00 per foot for a new tower and $1,200 to be adding equipment for existing towers. Those are the same fee structures that are used in Lee and Bureau County.” Mr. Leininger questioned, “What was the basis of changing the $0.15 to $0.10? Why not $0.05, or $0.12?” Mr. McConville replied, “That’s the best we could do. We asked for less than that. I think the independent inspection’s feeling is that it’s helping to give them a buffer on what they’re doing on their homes and if they’re going to do any better than that they needed to raise prices in other areas.” Mr. Piecha stated, “When the building codes were first introduced to this county board there was a statement made from myself and a few members of the committee that as time goes on in applying these codes we will be making adjustments. And this was one of them.” Mr. Small questioned, “Under the old ordinance, pipelines paid a flat fee of $15,000.00, correct?” Mr. Harsted replied, “No, a maximum fee.” Mr. Small then questioned, “What is the fee today under this ordinance? Were does it say a maximum fee? I don’t see where there is a maximum fee. There’s always a minimum fee. If a pipeline should come through and if it’s a three foot pipe or are you going to charge them three foot for the length of the county?” Mr. Harsted replied, “We used to charge them $0.08 a square foot all the way with a maximum of $15,000.00.” Mr. Small questioned, “If you’re going to charge $0.17 a square foot for the length of the county that may add up to quite a bit of money. This ordinance covers structures. Is a pipe a structure? Are they exempt then?” Mr. Holland replied, “No, I think they have to pay $0.17, unless we adjust it down the line. It might be something you want to set aside like the towers as a separate classification and set a fee in the future.”

LaSalle County Board Minutes – May 12, 2005 Mr. Small stated, “I am totally opposed to it. We are setting standards, costs to erect towers and wind tower structures, but we are not saying where they are going. When is this county going to try to put zoning in so people have some idea what’s going to be built next to them? You can build a $300,000 house in parts of this county and a junk yard can go right next to it the next day. People have no idea what is going to be built next to them. You are going to allow people to put towers up that are 300 feet in the air. All they have to do is meet the setback on the county road, and if the wind knocks it down it could be laying on the county road. I think it’s time this county does what needs to be done instead of playing around putting up building inspections where you have never shown that there has been a problem in this county, whatsoever.” Mr. Derango questioned, “Are you saying Mr. Small that we need zoning?” Mr. Small replied, “That is what I’m saying. You need zoning worse than you need these building codes.” Mr. Piecha stated, “I agree that as time goes on with development in this county that perhaps the zoning issue will be coming before this board after it goes through the Development Committee. Certainly, members of the Development Committee are looking forward to the challenge of zoning and we are in the process of talking to township supervisors to get their input on it. I’d like to also add that when the zoning came before this board and the process was stopped, that the book on the ordinance proposal was never looked at. Inside the zoning book you’ll find that there are many changes made. All of those changes were made through public comment. The public played a major role in changing some of those undesirable articles that were in the first proposed zoning. Board members should pick up the zoning proposal and take a look at it. You’ll find that it is very desirable for this county.” Mr. Erbrederis stated, “As long as the issue of zoning had been brought up, Mr. Jordan, Mr. Walsh and myself had attended a class offered by the Illinois Emergency Management Association yesterday and one of the points that they stressed that in any emergency management plan, zoning and building codes are two of the most important functions of the agency, because without them there’s no control.” Mr. Landers stated, “Just a comment. To repeat myself again, it was the townships that came to this board in 1996 to ask us for zoning and ask us for help and we got it thrown right back in our face. Now those same townships and even some who have zoning, I think it’s their

LaSalle County Board Minutes – May 12, 2005 right if they want to address the county board with a letter, the different township committees, to write a letter to the county board or the development committee and to just see what their feelings are.” Vice-Chairman Derango called for a roll call vote; 23 ayes, 3 nays, 2 absent. Motion carried. SEE RECORD BOOK 152, PAGE 105-116 PRESENTATION Mary Jane Wilkinson, County Clerk, read the Budget Amendments that need to be done as follows: Increase line item: From: To: 01-00-305001 HMEP Grant $0 $7,200 01-00-351006 Exlon Grant $0 $25,000 01-00-302017 IPRA $5,000 $14,000 01-00-305002 Homeland Security $0 $252,031 01-48-701002 new equip grant fund $1 $277,032 01-48-601001 office expense $1,500 $13,700 01-48-711001 improve of EOC $1 $4,001

42-00-101001 Cash $1 $1,250 42-01-701001 New equipment $1 $1,250

02-00-305001 Fed Grants & allot $1 $7,396 02-01-826003 Grant Expense $0 $7,395

01-41-903003 Asst St Atty $42,000 $52,268 01-41-903006 Asst St Atty $42,000 $53,768 01-00-315001 Fines & Fees – St Atty $72,000 $94,036 MOTION TO AMEND THE BUDGET Motion by Mr. Stockley to amend the budget, second by Mr. Kaminky.

At this time Mr. Hicks addressed the board regarding the changes to the budget.

LaSalle County Board Minutes – May 12, 2005 SEE RECORD BOOK 152, PAGE 117 MOTION Motion by Mr. Gruenwald to delay action until the next meeting, second by Mr. Treschak. Voice vote, all ayes. Motion carried. APPOINTMENT: (#05-71) BOARD OF REVIEW A resolution was submitted reappointing Ben Dolder as a Member of the LaSalle County Board of Review at the current salary of $7,500.00 per year for a three year term beginning June 1, 2005 and ending May 31, 2008. Motion by Mr. Garretson to approve the reappointment, second by Mr. Boe. MOTION TO AMEND Motion by Mr. Flanagan to amend the resolution to read “current salary of $7,500 per year for a three year term”, second by Mr. Myers. Voice vote, all ayes, 1 abstain. Motion carried. Vice-Chairman Derango called for a voice vote on the resolution as amended; all ayes, 1 abstain. Motion carried. SEE RECORD BOOK 152, PAGE 118 RESOLUTION: (#05-72) WALLACE FIRE A resolution was submitted reappointing John Liebhart as a Trustee of the Wallace Fire Protection District for a three year term beginning May 1, 2005 and expiring on April 30, 2008 or until his successor takes office. Motion by Mr. Hall to approve the reappointment, second by Mr. Small. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 152, PAGE 119-123 APPOINTMENT: (#05-73) MARSEILLES CEMETERY A resolution was submitted appointing Joseph W. Kuiper as a Trustee of the Marseilles Cemetery Association Board expiring January 1, 2006. Motion by Mr. Leininger to approve the appointment, second by Mr. Boe. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 152, PAGE 124-125

LaSalle County Board Minutes – May 12, 2005 APPOINTMENT: (#05-74) TRI-COMMUNITY RURAL WATER DISTRICT A resolution was submitted reappointing the following named individuals to the Tri- Community Rural Water District as follows: Carl Klendworth for a three year term expiring May 31, 2009 Mike Snyder for a four year term expiring May 31, 2010 Motion by Mr. Jordan to approve the reappointments, second by Mr. Gruenwald. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 152, PAGE 126-128 MISCELLANEOUS REPORTS & CORRESPONDENCE A letter from the Mendota Chamber of Commerce thanking the LaSalle County Board for passing Resolution #05-50 opposing elimination of federal funding for Amtrak was submitted. SEE RECORD BOOK 152, PAGE 129 The Treasurer’s Investment Schedule dated April 28th, 2005 was submitted. SEE RECORD BOOK 152, PAGE 130 A copy of the recent inspection report of the LaSalle County Juvenile Detention Home was submitted. SEE RECORD BOOK 152, PAGE 131 Ordinance #2005-418 establishing the fiscal year for the Village of Rutland was submitted. SEE RECORD BOOK 152, PAGE132 Correspondence from State Representative Robert W. Pritchard regarding perspectives on Illinois issues for the 70th District was submitted. SEE RECORD BOOK 152, PAGE 133 Correspondence to the Illinois Department of Revenue regarding business address verification for tax allocation purposes was submitted. SEE RECORD BOOK 152, PAGE 134 Motion by Mr. William Johnson to place all on file, second by Mr. Flanagan. Voice vote, all ayes. Motion carried. COMMENT Mr. Foltynewicz commented on wanting to know how the county can help to support the Illinois Emergency Management System.

LaSalle County Board Minutes – May 12, 2005 Mr. Leininger commented, “It appears that there’s going to be about twelve ethanol plants that are going to be built in the State of Illinois. They’re going to be around $60,000,000 a piece. I’d like to see some discussion because this kind of a sixty million dollar plant would generate a lot of revenue, plus there is about forty jobs in each one of these ethanol plants that are going to be built. Maybe we can partner with some of these other organizations in this county. I would hope that we could appoint a task force or community group to look into this. It’s something that’s out there and there’s grant money available for matching grants. Also, I brought this up before and I’d had a lot of feed back on it, and that’s the unused property we have southwest of Ottawa. The county owns seventy acres of property west of the nursing home. That’s gold coast property. They’re talking about the huge development west of Marseilles and they’ve got one in Utica. If you build it they’ll come. That’s better sitting there on the river on Dee Bennett Road than anything that’s being proposed in this county now and these people are selling. This is something that is going to benefit our school districts. What can we do with that? There’s no sense sitting there. We need to sell that and watch it build.” Mr. Leininger also commented that he would like an update on the 9-1-1 board. Mr. Hicks replied, “We had our first meeting last week. We set up the officers. Mr. Jon Cremeens was there giving some ideas as to the group he’s with and how they had broken down certain committees and how to get things going. Basically, that’s where we are at this point in time. The meetings are posted just like any other meeting.” ------

Motion by Mr. Hicks to adjourn to June 13th, 2005 at 1:00 P.M. in room 250 at the Governmental Complex, second by Mr. Savitch. Voice vote, all ayes. Motion carried. MR. DERANGO, VICE-CHAIRMAN AND ACTING CHAIRMAN DECLARED THE MEETING ADJOURNED TO JUNE 13TH, 2005

LaSalle County Board Minutes – May 12, 2005 STATE OF ILLINOIS ) COUNTY OF LASALLE ) RECORD OF THE PROCEEDINGS OF THE LASALLE COUNTY BOARD HELD AT THE GOVERNMENTAL COMPLEX, OTTAWA, ILLINOIS. BEGUN AND HELD ON THE SECOND MONDAY OF JUNE, A.D., 2005, IT BEING THE 13TH DAY THEREOF. STATE OF ILLINOIS ) COUNTY OF LASALLE ) The LaSalle County Board met pursuant to Statute at the Governmental Complex, Ottawa, Illinois, on the second Monday of June, A.D., 2005, it being the 13th day thereof. Chairman Dougherty called the meeting to order at 1:01 p.m. This is the first meeting of our June 2005 Session. Chairman Dougherty asked the Clerk to call the roll for mileage & per diem. PRESENT: 26 Members ABSENT: Mr. Kaminky, Mr. Boe and Mr. Freeman There were 24 ayes claiming mileage. Motion by Mr. Foltynewicz to approve the roll call for mileage & per diem, second by Mr. Small. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 152, PAGE 135 Chairman Dougherty called for any additions or corrections to the May 12th, 2005 minutes. Motion by Mr. Landers to approve the May 12th minutes as presented, second by Mr. Piecha. Voice vote, all ayes. Motion carried. MOTION Motion by Mr. Small to recess the LaSalle County Board meeting to go into a Public Hearing meeting, second by Mr. Jakupcak. Voice vote, all ayes. Motion carried. PUBLIC HEARING: CLOSE OUT ON THE CDAP GRANT FOR NURSING HOME WATER SYSTEM IMPROVEMENTS Ms. Nora Fesco-Ballerine, representative of NCICG, addressed the board stating, “This is a Public Hearing for the purpose of closing out a grant that was awarded to the county to do some improvements of the water system at the LaSalle County Nursing Home. The program is known as the Community Development Assistance Program (CDAP). This grant was awarded

LaSalle County Board Minutes – June 13, 2005 to LaSalle County in April 2003. The grant application was essentially to make improvements to the water system for the purpose of lowering the radium level in the water, which was an IEPA mandated project. Mr. Jack Kusek of McClure Engineering & Associates was the engineer on the project. We worked very closely with the committee and with Mr. Kusek throughout the whole process. I would have to commend everybody for their hard work. Everybody has to be involved including the committee members in order to get one of these very competitive grants. At that time, the LaSalle County Nursing Home was sited by the IEPA for having the radium level just slightly above what’s known as the acceptable level for radium. A report was done by McClure Engineering at that time, and the report looked at all different ways that you could treat radium. It was settled that the most effective and efficient was to do a reverse osmosis system. Everything went really well and moved along very efficiently. The Department of Commerce and Economic Opportunity were very happy that everything was done on time. The project included installing the Pilot Plan, two booster pumps, installation of chemical feed pumps and high service pumps. Water has to be pumped through cleaning media in order to remove radium and other chemicals. There was cleaning equipment, piping controls, lab equipment and also engineering grant administration. We managed to be able to repaint the water tower with a better paint that should last longer. The project came in very close to budget. The figures I have are not exact, but the project construction was approximately $171,514.00. Grant administration was $15,000, construction engineering (to date) was $8,276.00. The total project cost was about $194,791.00. At that time there was a total of $20,317,300.00 for the whole state. So we did pretty good in getting that grant for that year.” Mr. Stockley questioned, “Is this a 100% grant?” Ms. Nora Fesco-Ballerine replied, “No, The grant will pay up to 75% of the total project cost. The grant was $150,000.00 and the county contribution was right around $44,791.00.” Mr. Walsh questioned, “As far as the radium is concerned, has the radium gone down considerably?” Ms. Nora Fesco-Ballerine replied, “Yes. The first record showed that is had gone down. And today the latest record showed about 2.6 or 2.8. We are very happy with that result

LaSalle County Board Minutes – June 13, 2005 and the speed in which it adjusted so well. You have very good quality water out there right now.” Chairman Dougherty called for any questions from the public. There were no public comments at this time. Ms. Nora Fesco-Ballerine stated, “Any of the records for the grant are available at the North Central Illinois Council of Governments located in Princeton, IL.” MOTION Motion by Mr. Derango to close the Public Hearing and to go into regular session, second by Mr. Flanagan. Voice vote, all ayes. Motion carried. COMMENT Chairman Dougherty commented that there were no citizen comments on the agenda today. RESOLUTION: #05-08 (#05-75) FINAL PLAT OF PRAIRIE OAKS SUBDIVISION PHASE III A resolution was submitted accepting the final plat of Prairie Oaks Subdivision Phase III in Rutland Township, LaSalle County. Motion by Mr. McConville to approve the final plat, second by Mr. Treschak. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 152, PAGE 136-137 RESOLUTION: #05-09 (#05-76) FINAL PLAT OF ROGER’S COMMERCIAL SUBDIVISION A resolution was submitted accepting the final plat of Roger’s Commercial Subdivision in Serena Township, LaSalle County. Motion by Mr. Landers to approve the final plat, second by Mr. Foltynewicz. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 152, PAGE 138-139 PRESENTATION Joanne White, Detention Home Administrator, addressed the Board regarding the LaSalle County Detention Home’s Semi-Annual Report (December 1, 2004 – May 31, 2005).

LaSalle County Board Minutes – June 13, 2005 MOTION Motion by Mr. Jakupcak to place on file the LaSalle County Detention Home’s Semi- Annual Report (December 1, 2004 – May 31, 2005), second by Mr. Flanagan. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 152, PAGE 140 ORDINANCE: (#05-77) PREVAILING WAGE ACT An ordinance was submitted stating that it is the policy of the County of LaSalle and the State of Illinois to ascertain and pay the general prevailing rate of hourly wages to any craftsmen, mechanics and workmen employed on public works projects within this County. Motion by Mr. Landers to approve the resolution, second by Mr. Gruenwald. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 152, PAGE 141-148 RESOLUTION: (#05-78) SUPPORTING HOUSE BILL 3760 A resolution was submitted stating that through the LaSalle County Board that LaSalle County support House Bill 3760 that creates the Park and Recreational Facility Construction Act which appropriates state grant funds for construction projects at our parks and recreation areas. Motion by Mr. Foltynewicz to approve the resolution, second by Mr. Garretson. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 152, PAGE 149-150 RESOLUTION: (#05-79) SUPPORTING 109TH CONGRESS H.R. 995 A resolution was submitted stating that the LaSalle County Board totally supports Congressman Weller’s “COMBAT MILITARY MEDICALLY RETIRED VETERAN’S FAIRNESS ACT OF 2005 (H.R. 995) and strongly urges our Illinois United States Congressional Representatives to co-sponsor and pass H.R. 995. And that a copy of this resolution be sent to our entire Illinois United States Congressional senators and representatives. Motion by Mr. Rigby to approve the resolution, second by Mr. Small. Mr. Gruenwald stated, “This resolution was offered by Martin Rue and brought to VAC in regards to some of the wounded kids coming back from Iraq.” At this time Mr. Leininger explained the resolution and how it would allow a military person that was disabled on active duty, or in combat and received a purple heart to receive both disabilities.

LaSalle County Board Minutes – June 13, 2005 Chairman Dougherty called for a voice vote, all ayes. Motion carried. SEE RECORD BOOK 152, PAGE 151-153 PRESENTATION – COUNTY FLAG Mr. Foltynewicz addressed the board by presenting the new LaSalle County flag to Chairman Dougherty, which was designed by Jacey Keeney from Milton Pope School. Mr. Foltynewicz stated that the flag was paid for by himself and the LaSalle County Treasurer, Donald Lamps. Mr. Foltynewicz explained that it all started with having the school children enter a contest to design the LaSalle County Flag. He stated, “The next thing was to contact the Superintendent of Schools office who took on the chore of putting on the contest to get three final contestants who then sent in their flag design and an essay. The three judges for the final contestants were Mr. William Johnson, Mr. David Raikes and Mr. Edmund Thornton. At this time Mr. Foltynewicz introduced Jacey Keeney as the winner for the newly designed LaSalle County Flag. Mr. Foltynewicz stated, “I really appreciate the cooperation of everyone. It has been something that I wouldn’t say was an impossible dream, but at first it seemed to be. The idea behind this was for me to have the school children have a contest worthwhile getting into and to look up and find the facts about LaSalle County, which is history. The last one is the most important, discipline. To do it and follow through, I think it was a wonderful way it came about. Again, I thank each and every one of you who cooperated. What a wonderful thing.” Chairman Dougherty stated, “On behalf of all of LaSalle County, it’s an honor to be presented this flag. Mr. Foltynewicz and the committee did use their own time on this and the end result was a flag for the county. Thank you very much.” RESOLUTION: (#05-80) READJUSTMENT OF PRECINCT BOUNDARIES A resolution was submitted stating various plans and proposals and recommends the following precinct readjustments effective for the General Primary Election in 2006; 1. Precincts Bruce 4 and Bruce 5 are combined into one precinct Bruce 4/5 2. Precincts Bruce 6 and Bruce 10 are combined into one precinct Bruce 6/10 3. Precincts LaSalle 3 and LaSalle 4 are combined into one precinct LaSalle 3/4 4. Precincts Groveland 1 and Groveland 2 are combined into one precinct Groveland

LaSalle County Board Minutes – June 13, 2005 Any provisions of any previous resolution in conflict with this resolution are hereby rescinded. Motion by Mr. William Johnson to approve the resolution, second by Mr. Myers. Mr. Leininger questioned, “First of all, what kind of savings do we have? I’m thinking there is quite a distance of about ten miles regarding Groveland 1 and Groveland 2?” Mary Jane Wilkinson, County Clerk, replied, “Currently Bruce 4 and Bruce 5 vote at Brandon’s Place in Streator. By combining those precincts we now have a total of 816 voters. We are considering to move them to the PNA Hall. The savings for election judge pay would be $680.00 per election, polling place rent is $150.00, and the expense of one DRE machine is $6,000.00. This would also free up one of our M-100 tabulators, which could be used as a back up machine or for central count if we’re forced to do that through legislation. We currently have four precincts voting at the PNA Hall, but by combining precincts Bruce 6 and Bruce 10 into one precinct, which is 800 voters, they would remain at the PNA Hall. There we would save the expense of $680.00 per election. We are also looking at the possibility of taking Bruce 2 out of the City Hall and send them to the Bruce Township Hall, which would save polling place rent of $75.00 per election and eliminate another $6,000.00 for a DRE machine. By combining Groveland 1 and Groveland 2 precincts into one precinct, it’s a total of 487 voters and the savings for the election judge expense would vary, because we currently only have two judges in Groveland 2. Therefore, with every election we have to find judges from other areas of the county to drive to Dana to work. The number of judges we can find is very limited. Those that we do find we have to pay them mileage to go to Dana. That’s been an ongoing problem for the past five or six years. At the very least, we’ll save $420.00 per election in election judge pay, $75.00 in polling place rent for each election and $6,000.00 on a DRE machine. Currently in the county we have eighteen other townships that are just as large in size as Groveland that are single precinct townships.” At this time the Clerk mentioned other single polling place townships and their number of voters in each. Mary Jane Wilkinson, County Clerk, also stated, “Combining precincts LaSalle 3 and LaSalle 4 brings the total to 695 voters. LaSalle 4 currently votes at the LaSalle Fire Station with LaSalle 5. There will not be sufficient room for both precincts at this location when we add the DRE machine. Combining those two precincts into one would make it too many voters, so

LaSalle County Board Minutes – June 13, 2005 therefore we are taking LaSalle 4 over to LaSalle 3, which is adjacent to that precinct at the High Rise. With that move we are saving election judge expense of $680.00 per election and $75.00 per election for polling place rent. These are the ones that we have to do at this meeting by statute, because we are actually changing precinct boundary lines. But through the summer we are going to be looking at other locations in Oglesby and Ottawa to reduce the expense for the DRE machines. We are going to receive $6,000.00 for each precinct we had at the 2004 election, which is 128 precincts. So the money that we would save would be able to be used for additional expenses due to HAVA that are not fully funded. Also there is the possibility as I mentioned earlier for central count. If we do that, then we are going to have more of our M-100’s here to be counting the absentee ballots in the courthouse. That’s not something that is definite yet, but it is a possibility. The total initial savings with these changes is $20,385.00 with an ongoing savings of $2,460.00 at each election in election judge pay alone. Polling place rent right now at each election would be reduced by $375.00, plus with the fewer machines in operation, that would be fewer that we would need to pay maintenance contracts on and programming for all future elections. I have spoken with the Groveland Township Supervisor and she is aware of what is being considered here today. She has already suggested one location that we could possibly use. She did have some concerns that some of the voters in Dana may not be happy, but as I mentioned there are a number of townships that currently only have one polling place.” Chairman Dougherty called for a voice vote, all ayes. Motion carried. SEE RECORD BOOK 152, PAGE 154-155 PRESENTATION Mary Jane Wilkinson, County Clerk, addressed the Board regarding the LaSalle County Clerk’s Semi-Annual Report (December 1, 2004 – May 31, 2005). MOTION Motion by Mr. Landers to place on file the LaSalle County Clerk’s Semi-Annual Report (December 1, 2004 – May 31, 2005), second by Mr. Treschak. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 152, PAGE 156

LaSalle County Board Minutes – June 13, 2005 QUARTERLY REPORT: COMMITTEE WORK MISCELLANEOUS The Quarterly Report for Committee Work Miscellaneous was submitted in the total amount of $36,186.30. Motion by Mr. McConville to approve the quarterly report, second by Mr. Gruenwald. Roll call vote; 25 ayes, 3 absent. Motion carried. SEE RECORD BOOK 152, PAGE 157-188 MOTION TO AMEND THE BUDGET Original motion from last month’s meeting by Mr. Stockley to amend the budget, second by Mr. Kaminky. Chairman Dougherty called for a vote to amend the budget as presented; voice vote, all ayes. Motion carried. SEE RECORD BOOK 152, PAGE 189 APPOINTMENT: (#05-81) SERENA FIRE A resolution was submitted reappointing Jim Duffy, Jr. as a Trustee of the Serena Fire Protection District for a three year term beginning May 1, 2005 and expiring on April 30, 2008 or until his successor takes office. Motion by Mr. Ronald Johnson to approve the reappointment, second by Mr. Foltynewicz. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 152, PAGE 190-191 APPOINTMENT: (#05-82) LASALLE COUNTY FARMLAND ASSESSMENT COMMITTEE A resolution was submitted reappointing Tom Bruch as a Member of the LaSalle County Farmland Assessment Committee beginning July 1, 2005 and expiring June 30, 2007. Motion by Mr. Landers to approve the reappointment, second by Mr. Savitch. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 152, PAGE 192 APPOINTMENT: (#05-83) LASALLE COUNTY FARMLAND ASSESSMENT COMMITTEE A resolution was submitted appointing William Durdan as a Member of the LaSalle County Farmland Assessment Committee beginning July 1, 2005 and expiring June 30, 2007.

LaSalle County Board Minutes – June 13, 2005 Motion by Mr. Leininger to approve the appointment, second by Mr. Garretson. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 152, PAGE 193 APPOINTMENT: (#05-84) HEALTH DEPARTMENT BOARD A resolution was submitted reappointing Melva Allender to the LaSalle County Health Department Board beginning July 1, 2005 and expiring June 30, 2008. Motion by Mr. Hicks to approve the reappointment, second by Mr. Small. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 152, PAGE 194 APPOINTMENT: (#05-85) HEALTH DEPARTMENT BOARD A resolution was submitted reappointing Louis J. Weber, Jr. to be reappointed to the LaSalle County Health Department Board beginning July 1, 2005 and expiring June 30, 2008. Motion by Mr. Jordan to approve the reappointment, second by Mr. Piecha. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 152, PAGE 195 APPOINTMENT: (#05-86) HEALTH DEPARTMENT BOARD A resolution was submitted reappointing John Harbeck to the LaSalle County Health Department Board beginning July 1, 2005 and expiring June 30, 2008. Motion by Mr. Hall to approve the reappointment, second by Mr. Small. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 152, PAGE 196 MISCELLANEOUS REPORTS & CORRESPONDENCE A letter from U.S. Senator Richard J. Durbin stating that he will continue to fight to preserve Amtrak’s viability and keep the LaSalle County Board’s support for Amtrak in mind regarding Resolution #05-50 as these initiatives are considered further by state was submitted. SEE RECORD BOOK 152, PAGE 197 A letter from State Senator Chris Lauzen stating that he also supports Resolution #05-50 that the LaSalle County Board passed which opposes the elimination of federal funding for Amtrak was submitted. SEE RECORD BOOK 152, PAGE 198 A report of the LaSalle County Jail Facility by the Grand Jury of December 2004 regarding the results of their visit and inspection was submitted.

LaSalle County Board Minutes – June 13, 2005 SEE RECORD BOOK 152, PAGE 199 The LaSalle County Health Department’s 2004 Annual Report was submitted. SEE RECORD BOOK 152, PAGE 200 Ordinance #2005-419 from the Village of Rutland appropriating funds for the fiscal year beginning May 1, 2005 and ending April 30, 2006 was submitted. SEE RECORD BOOK 152, PAGE 201 Correspondence to the Illinois Department of Revenue regarding business address verification for tax allocation purposes was submitted. SEE RECORD BOOK 152, PAGE 2029 Motion by Mr. Flanagan to place all on file, second by Mr. Foltynewicz. Voice vote, all ayes. Motion carried. COMMENT Mr. Dougherty commented, “I’d like to thank everybody for the encouragement during my absence and a special thanks to Mr. Derango.” Mr. McConville stated, “It’s good to have you back.” Mr. Gruenwald stated, “On behalf of all the board members, I’d like to thank Mr. Derango for a job well done.” Mr. Derango stated, “On behalf of all the board members, we welcome you back and to just let you know that you were always in our thoughts and prayers. I want to thank all the board members, secretaries, office holders and attorneys. It shows what cooperation can do. Everything went smooth. We’re glad your back.” Mr. Landers stated, “The county board picnic will probably be in July, so just let me know where everyone would like to have it.” ------CHAIRMAN DOUGHERTY DECLARED THE MEETING RECESSED TO JULY 14TH, 2005

LaSalle County Board Minutes – June 13, 2005 STATE OF ILLINOIS )

COUNTY OF LASALLE )

The LaSalle County Board met pursuant to recess at the Governmental Complex, Ottawa, Illinois, on the second Thursday of July, A.D., 2005 it being the 14th day thereof.

Mr. Derango Vice-Chairman and Acting Chairman, called the meeting to order at 1:02 P.M.

This is the second meeting of our June 2005 Session.

Mr. Derango, Vice-Chairman and Acting Chairman asked the Clerk to call the roll for mileage & per diem.

PRESENT: 25 Members

ABSENT: Chairman Dougherty, Mr. Small, Mr. Hicks, & Mr. Garretson

There were 22 ayes claiming mileage.

Motion by Mr. Flanagan to approve the roll call for mileage & per diem, second by Mr. Foltynewicz. Voice vote, all ayes. Motion carried.

SEE RECORD BOOK 153, PAGE 1

Mr. Derango called for any additions or corrections to the June 13th, 2005 minutes.

Motion by Mr. Treschak to approve the June 13th minutes as presented, second by Mr. Jakupcak. Voice vote, 1 pass. Motion Carried.

ANNOUNCEMENT

Mr. Derango announced, "Chairman Dougherty is not here for today’s board meeting because he is in Springfield. He was asked by the Governor to serve on a Task Force formed by the Capitol Development Board, whose sole purpose is to examine and make recommendations for the adoption of a uniform building code for the State of Illinois. This is the first meeting of the group and it was essential that the Chairman be there today. The Task Force will meet four times and then submit their findings no later than May 1st, 2006 to the Governor and the General Assembly. We are honored that our County Board Chairman is on that Task Force."

Mr. Jordan announced, "Mr. Garretson is at St. John’s Hospital."

LaSalle County Board Minutes – July 14, 2005 Mr. Derango also announced, "Mr. Jim Mustered (former county board member) has also been taken to the hospital, and to please keep both Mr. Garretson and Mr. Mustered in your thoughts and prayers."

RESOLUTION: #05-16 (#05-87) COUNTY HIGHWAY

A resolution was submitted authorizing the Chairman to enter into an agreement with Bruce Harris and Associates, Inc. for G.I.S. work for the Highway Department.

Mr. Larry Kinzer, County Engineer, explained, "This resolution is for a Professional Services Agreement with Bruce Harris and Associates. Mr. Harris has been working with the Highway Department and has created the map as our base. This service agreement is just the continuation of that work and building on top of that map, adding layers and input abilities at the highway department so we can maintain our layers. The lump sum for the work to be done is $39, 927.00. It’s a lump sum contract."

Mr. Derango questioned, "Is the grant paid for in full?"

Mr. Kinzer replied, "No. The grant is through the Illinois Department of Transportation that will pay for 80% of the cost."

Motion by Mr. Freeman to approve the resolution, second by Mr. Boe. Roll call vote; 24 ayes, 4 absent. Motion carried.

SEE RECORD BOOK 153, PAGE 2-9

PRESENTATION

Mr. Bill Pfalzgraf, Director of Probation Services, presented the Probation and Court Services Financial and Statistical Report for December 1, 2004 through May 31, 2005.

MOTION

Motion by Mr. Landers to place on file the Probation and Court Services Financial and Statistical Report for December 1, 2004 through May 31, 2005, second by Mr. Myers.

Mr. Freeman stated, "I would like to commend Mr. Pfalzgraf. Since he’s come on board, he actually helped to reduce the line item. I’m going to give you the credit Bill because you did it. You went out and did some research on our phones and I think we’ve been able to reduce our line item on the phone line because of Bill checking into some different things. I’d like to commend him publicly for doing that."

Mr. Derango called for a voice vote, all ayes. Motion carried.

SEE RECORD BOOK 153, PAGE 10

LaSalle County Board Minutes – July 14, 2005 RESOLUTION: (#05-88) DELINQUENT TAX

A resolution was submitted stating that the Chairman of the Board of LaSalle County, Illinois, be authorized to execute a deed of conveyance of the County’s interest or authorize the cancellation of the appropriate Certificate(s) of Purchase, as the case may be, on real estate parcel #18-15-209-001, certificate # 01-0362, for the sum of $38,110.89 to be paid to the Treasurer of LaSalle County, Illinois, to be disbursed according to law. This resolution to be effective for sixty (60) days from this date and any transaction between the above parties not occurring within this period shall be null and void. Motion by Mr. McConville to approve the resolution, second by Mr. Kaminky.

Mr. Freeman questioned, "One of the villages has requested if there is a way that they can be notified of tax sales?"

Mr. Donald Lamps, County Treasurer, replied, "We have a surplus property tax sale this Tuesday at 1:00 P.M. in the basement. Our Trustee does that. It has to do with properties that have delinquent taxes that are two and a half years old. In thirty months, if they haven’t paid their taxes, it becomes qualified for a tax deed. So the county has taken care of that situation. The county now owns the deed for those delinquent properties and we are going to sell them at auction at a minimum price of $450.00 in our basement on Tuesday. Now, that is for properties that have delinquent taxes that are two and a half years old. Now for people who do not pay for their taxes this year, we will have a tax sale on November 14th, 2005 at the County Complex at 9:00 A.M. We do allow the press to know. They write it up in the paper and they have it on the radio. We do try to publicize it as much as possible. So generally, if they are listening to the radio or reading the newspapers, they will know of these two tax sales."

Mr. Derango called for a voice vote, all ayes. Motion carried.

SEE RECORD BOOK 153, PAGE 11-12

RESOLUTION: (#05-89) FOOD SERVICE AGREEMENT

A resolution was submitted stating that the LaSalle County Board enter the Amendment to Operating Agreement with HDS Services to provide food service for the LaSalle County Nursing Home with an increase in the per resident day charge from $15.31 to $15.77 effective July 1, 2005.

Motion by Mr. William Johnson to approve the resolution, second by Mr. Foltynewicz. Same roll call vote; 24 ayes, 4 absent. Motion carried.

SEE RECORD BOOK 153, PAGE 13-15

RESOLUTION: (#05-90) PORT OF LASALLE PROJECT

A resolution was submitted stating that the LaSalle County Board at the recommendation of the LaSalle County Tourism Committee announces its support for

LaSalle County Board Minutes – July 14, 2005 the Port of LaSalle project and urges the Illinois Department of Commerce and Economic Opportunity to help fund the construction of the first canal boat.

Motion by Mr. Freeman to approve the resolution, second by Mr. Piecha.

Mr. Piecha stated, "I received a letter from Congressman Jerry Weller asking for our support on this project."

At this time Mr. Piecha read a portion of the letter which stated, "Now that the Canal Corridor Association is seeking one more grant to complete the fundraising needed to cover the cost of constructing the replica canal boat, the CCA has applied for a Tourism Attraction Program

(TAP) grant of $408,000 from the Illinois Department of Commerce and Economic Opportunity. The awarding of at least a substantial portion of this grant will enable the canal boat construction bidding process to go forward immediately and make a May, 2006 start-up for the Port of LaSalle attraction a reality".

Mr. Piecha stated, "This resolution has to be sent to Ms. Ana Koval, President/CEO, Canal Corridor Association and also to the Mayor of LaSalle, Art Washkowiak."

Mr. Derango called for a voice vote, all ayes. Motion Carried.

SEE RECORD BOOK 153, PAGE 16-17

RESOLUTION: (#05-91) CONTRACT FOR BUILDING CODE INSPECTION SERVICES

A resolution was submitted amending the contract for services with Independent Inspections Ltd. attached hereto and incorporated herein as Exhibit "A" to provide building code inspection services for commercial and multi-family buildings and structures retroactive to May 23, 2005, the effective date of the amended Ordinance and that the Chairman of the LaSalle County Board is authorized to execute said agreement.

Mary Jane Wilkinson, Clerk, stated that on the attached Memorandum it states effective May 1, 2005. and should be changed to be effective May 23, 2005.

Motion by Mr. Landers to approve the resolution, second by Mr. Piecha.

Troy Holland, County Attorney, stated, "We already have an existing agreement with Independent Inspections. This is a follow up. A memorandum to that agreement just to incorporate the commercial and multi-family fee schedule. They requested that we have it in writing. It’s nothing different than you have already adopted. The fee schedule attached to the contract is what you adopted."

LaSalle County Board Minutes – July 14, 2005 Mr. Leininger questioned, "Has there been any effort on trying to find somebody from this County to do these inspections? I think we still owe it to the residents of this community to try to find somebody here and to offer this. Especially when we are talking about a quarter of a million dollars, and now that’s only going to increase with commercial."

Mr. Derango replied, "I was under the impression that most of the inspectors are local and most of the money is staying here, but somebody from that committee would have to answer that."

Mr. McConville stated, "Before we hired them we did put it out. We had people come in. This is the way that we felt most comfortable. Part of the agreement with them was that they hire local inspectors."

Mr. Leininger stated, "But again, if this company if from Wisconsin, a tremendous amount of money is staying out of LaSalle County and then they’re paying it back. We have no idea, I would imagine, what they pay those building inspectors. Or do they get an itemized bill of how much money comes back into the county?"

Mr. McConville stated, "I don’t think it’s up to us to micromanage their business."

Mr. Leininger stated, "No, but it’s up to us I think, to maintain our money in our community when we can."

Mr. Derango stated, "I think they do everything they can. Every committee does to keep everything we spend in this county local. I’ve been on a lot of committees and that’s one of the top priorities to keep the money local. We try that all the time. Sometimes we can’t."

Mr. Leininger stated, "I understand that, but my question is, was there any effort made to try to keep this in since these building codes started or is it just rolling on?"

Mr. Piecha stated, "In the yellow pages there are building inspectors, but not code inspectors. It is a big difference here. We do everything we possibly can to bring as much of the tax dollars back into the county by hiring county people. In this case, it’s not that way. We had to go out of the state."

Mr. Leininger questioned, "Maybe he could briefly tell me the requirements for a code inspector as opposed to a building inspector, and where that might be found and written, and if that was part of the criteria when they hired some body?"

Mr. Derango replied, "I’m sure that it was. I don’t know that we have enough time to go over everything that they did at that meeting. I’m going to give the committee credit that they did their due diligence and following the codes and the law. They hired that company because that was the only company. We can’t go over it today. I don’t know if

LaSalle County Board Minutes – July 14, 2005 they have the information on hand right now to answer those questions. They’re legitimate questions and I’m sure we’ll find out."

Mr. Derango called for a roll cal vote; 22 ayes, 2 nays, 4 absent. Motion carried.

SEE RECORD BOOK 153, PAGE 18-24

RESOLUTION: (#05-92) PUBLIC SANITARY SEWER TO CITY OF OTTAWA

A resolution was submitted stating that LaSalle County grant the public sanitary sewer easement to the City of Ottawa attached hereto and incorporated herein as Exhibit "A" and that the County enter the Intergovernmental Cooperation Agreement attached hereto and incorporated herein as Exhibit "B" and that the LaSalle County Board Chairman be authorized to execute said easement and agreement.

Motion by Mr. Landers to approve the resolution, second by Mr. Jakupcak.

Mr. Landers explained, "We were approached by Thornbrook Homes Builders/Developers and the City of Ottawa regarding the western side of our property. We discussed the length of what exposure we would have and it seems to us, and just common sense, that the City of Ottawa is going to take over our sewer line and maintain them. What the problem of it was, is after they shot it, it seemed like some of the sewer was on our property and some of it was on the other property that Thornbrook Homes is developing. They were good enough to go out and put the cameras in it. They made some corrections that we had some problems with or were going to have some problems with. The City of Ottawa is going to take it over and get rid of the lift station out here and run a lot of it to Champlain Street and some of it to the west. The committee seems to be very satisfied. We talked with the maintenance department and went over maps back when it was built. It seemed to be satisfactory to everyone concerned. If you have any questions, I can direct you to Mr. Brad Kath, President of Thornbrook Homes Builders/Developers who is here today."

Mr. Stockley questioned, "What is the size of that sewer line?"

Mr. Landers replied, "It’s a six inch going into an eight inch."

Mr. Jordan questioned, "You say we have a lift station now, and that’s going to eliminate that?"

Mr. Landers replied, "We put in a lift station back when the building was built twenty- eight years ago. They are going to take the lift station out and they are going to gravity flow both ways."

Mr. Walsh questioned, "Does this have anything to do with ownership of this line? Do we own this? Did we install it initially?"

LaSalle County Board Minutes – July 14, 2005 Mr. Landers replied, "Yes. We installed it initially."

Mr. Derango stated, "But there was a question as to whose line is it on."

Mr. Landers stated, "It’s all going to be the responsibility of the City of Ottawa. It’s not our responsibility anymore. We’re kind of waiving off on that."

Mr. Kath at this time addressed the board to help clarify where the pipe is and where the easement is.

Mr. Kath stated, "At the far west end of LaSalle County’s property is a subdivision called Heavenly Way, where there is one commercial building built on the corner just last year. That far westerly border of LaSalle County has a service line that’s eight inches in diameter, which is really the size of a main. But we would classify that as a service line today that runs south of Etna Road (on the county’s west property line). So to alleviate future maintenance costs to LaSalle County, any risk with respect to another property owner buying a piece of that pipe today and the ability of that adjacent subdivision to connect to that pipe and use it for service, dedicate it from LaSalle

County to the City of Ottawa, and to take it off your books, your risk, and your responsibility. The city is more than willing to assume that risk responsibility and maintenance costs because they want to eliminate the lift station and have everything connect and go gravity flow. So it’s kind of a win win on both sides. LaSalle County benefits from reduced maintenance costs in the future of risk, respect to its location on the property line. Then the development to the west gets to connect to it."

Mr. Derango called for any further questions.

At this time Mr. Derango called for a voice vote, all ayes. Motion carried.

SEE RECORD BOOK 153, PAGE 25-30

RESOLUTION: (#05-93) FAMILY AND MEDICAL LEAVE POLICY

A resolution was submitted approving a Family and Medical Leave Policy.

Motion by Mr. Savitch to approve the resolution, second by Mr. Gruenwald.

Troy Holland, County Attorney, addressed the board stating, "This is actually something that came up from Fee and Salary with advice from Attorney Keith Leigh. I think generally, the Family and Medical Leave Act is a law that has some vagueness to it, and what you are trying to do as an employer is to set how you’re going to implement it."

Mr. Derango called for a voice vote, all ayes. Motion carried.

SEE RECORD BOOK 153, PAGE 31-37

LaSalle County Board Minutes – July 14, 2005 MOTION: EXECUTIVE SESSION

Motion by Mr. Landers to go into executive session to review past executive session minutes, second by Mr. Jordan. Roll call vote; 24 ayes, 4 absent. Motion carried.

SEE RECORD BOOK 153, PAGE 38

Motion by Mr. Panzica to go back to regular session, second by Mr. Jakupcak. Roll call vote; 24 ayes, 4 absent. Motion carried.

SEE RECORD BOOK 153, PAGE 39

MOTION

Motion by Mr. Erbrederis to approve and open executive session minutes of January 13th, 2005 and March 14th, 2005 and to keep closed because of continued need for confidentiality the minutes of January 13, 2000, second by Mr. Rigby. Voice vote, all ayes. Motion carried.

APPOINTMENT: (#05-94) MARSEILLES FIRE

A resolution was submitted appointing Kenneth D. Thompson as a Trustee of the

Marseilles Fire Protection District for a three year term expiring on April 30, 2007 or until his

successor takes office.

Motion by Mr. Flanagan to approve the appointment, second by Mr. Boe. Voice vote, all ayes. Motion carried.

SEE RECORD BOOK 153, PAGE 40-41

APPOINTMENT: (#05-95) WALLACE FIRE

A resolution was submitted reappointing John Lyons as a Trustee of the Wallace Fire Protection District for a three year term beginning May 1, 2005 and expiring on April 30, 2008 or until his successor takes office.

Motion by Mr. Hall to approve the reappointment, second by Mr. Walsh. Voice vote, all ayes. Motion carried.

SEE RECORD BOOK 153, PAGE 42-46

LaSalle County Board Minutes – July 14, 2005 APPOINTMENTS: (#05-96) GRAND RAPIDS METHODIST CEMETERY ASSOCIATION

A resolution was submitted reappointing Carl Bedei, Steve Durdan and Mary Lou Schmitt as Trustees of the Grand Rapids Methodist Cemetery Association for a six (6) year term expiring May 31, 2011.

Motion by Mr. Jordan to approve the reappointments, second by Mr. Jakupcak. Voice vote, all ayes. Motion carried.

SEE RECORD BOOK 153, PAGE 47-53

APPOINTMENT: (#05-97) SOMONAUK FIRE

A resolution was submitted appointing H. Alex Marshall as a Trustee of the Somonauk Fire Protection District for the remainder of James Johnson’s term expiring the first Monday of May, 2008.

Motion by Mr. Kaminky to approve the appointment, second by Mr. Stockley. Voice vote, all ayes. Motion carried.

SEE RECORD BOOK 153, PAGE 54

COMMENTS

Mr. William Johnson stated that a Brownfield Redevelopment Workshop will be held on August 8th, 2005 at Illinois Valley Community College in Room 316 from 12:00 p.m. to 3:00 p.m sponsored by LaSalle County Development Connection, regarding the basic steps and regulations involved in a brownfield site clean up. The presentation will be given by Steve Colantino,

Manager of IEPA Office of Brownfield Assistance and two environmental attorneys (Michael K.

Ohm and Jay Truty of Bell, Boyd & Lloyd LLC).

Mr. William Johnson stated, "I hope to learn more about this but generally brownfields are related to toxic buildings and land. Please call or e-mail Sue (223-0227 or [email protected]) with your attendance plans by noon on Friday, August 5th, 2005."

Mr. Gruenwald stated that a few weeks ago the U.S. Supreme Court made a ruling regarding eminent domain. "We as a government body are obliged to address this issue as it could apply to county government. Committee Chairman Mr. Jordan has placed on the agenda for the Rules and Legislative Committee, the issue of eminent domain. We as a committee will start to address the issue at our next meeting on Monday, July 18th, 2005 and the committee members would ask for input from the board members on the issue."

LaSalle County Board Minutes – July 14, 2005 Mr. Myers stated, "In checking out the public safety tax, for the remainder of the year if everything continues, it looks like we’ll collect over $3 million dollars, which will be our highest total ever."

Mr. Leininger questioned, "Can we get an update on what’s happening with 9-1-1? Have they had any meetings?"

Mr. Derango replied, "Yes, they just had one the other day."

Troy Holland, County Attorney stated, "I have very limited knowledge. They are forming by-laws because they have asked me to review them, which are some of their organizational by-laws for their organization as far as chairman and how they vote. I think they did that at their last meeting. They should be collecting money. I don’t have any direct knowledge but based on the time line and when the phone companies should have received their letter, they should be collecting funds. They meet again on July 21st, 2005."

Mr. Derango stated, "Gayle has informed me that she has a copy of the minutes of their last meeting."

Mr. Leininger, "I know the letter went out, I assume to inform all of the phone companies in the county to start collecting $1.60 for this county. Is that correct?"

Mr. Holland replied, "Yes."

Mr. Leininger questioned, "Where will that money be parked at?"

Mr. Holland replied, "I noticed in their by-laws that they were proposing to have a financial officer. Donald Lamps would be an Ex-Officio member. There would be a segregated fund for those monies."

Mr. Derango stated, "Gayle said there has been a Fund 44 set up that the checks are deposited into."

Mr. Leininger questioned, "Also on the county zoning, I guess all the townships were written

a letter asking them for input. Is that correct? All the supervisors got one?"

Mr. Derango replied, "To my knowledge."

Mr. Leininger questioned, "Where are those correspondences going back to?"

Mr. Derango replied, "I imagine they will be coming back here."

Mr. Leininger questioned, "But they haven’t received any?"

LaSalle County Board Minutes – July 14, 2005 Mr. Derango replied, "No."

Mr. Leininger stated, "I’ve brought this up before. The Chairman isn’t here to answer this, but he made the statement he wanted to have the zoning in by Christmas. Talking to many of the elected officials in the townships, they’re a little hesitant because there seems to be some differences in what I’ve read between the Development Committee and the County Chairman. But with 80% of these people in the county asking that we don’t do zoning, and now the county board looking for somebody to take the heat. If it’s such an important issue, why doesn’t this board led by the Development Committee ask to have this back on the ballot if they think that the people have changed their mind? Let them sell the program again and let the people vote again. I mean, they voted 80% and we’re sitting here and it’s almost, I hate to use the word, a dictatorship to tell them what they’re going to do regardless of what they want. Something has got to be done. Let the people vote again if they think they’ve changed their minds. What’s the hurry? What’s another few months? We’ve got an election coming up in a few months. It’s not that long. We’ve been around here for one hundred and fifty years. I just can’t imagine being elected by the people and not listening to them."

Mr. Derango replied, "I imagine so much behind that goes into the fact that maybe people feel there was misinformation. Maybe if you have those thoughts, you should bring them to the Development Committee."

Mr. Piecha replied, "The reason the proposed zoning ordinance was sent to the townships and municipalities was not for a yes or no vote on zoning itself, but to look at the book and delete sections or paragraphs, or whatever, out of that proposed zoning and add to it as to what is going to be suitable for them. I believe this is going to be a county call as far as zoning is concerned without a vote."

Mr. Freeman stated, "I just wanted to say that Lostant is on the map. We got a sign on the interstate. I requested to my county board member back in the 1990’s that I would like encouragement from the county to encourage the state to put a sign on the interstate for Lostant because the interstate came in and we were bypassed. No one knew we were there. That county board member at that time endorsed the resolution that we forwarded on to the state and for many many years after working on this issue collecting petitions and working very hard, there is a sign out on Interstate 39 that designates Lostant at Exit 41. A lot of people worked hard on this for many years, but I wanted to thank two people.

Two people finally brought it to a fruition and that’s Secretary Martin with the Department of Transportation who approved it, and Jerry Weller worked very hard to pull it together. I wanted to publicly thank those two people."

LaSalle County Board Minutes – July 14, 2005 ANNOUNCEMENT

Mr. Derango announced that Mr. William Valle, Trustee of Ottawa Township has been appointed to the Oversight Committee effective immediately who will be replacing Mr. Art Rick, Jr.

MISCELLANEOUS REPORTS AND CORRESPONDENCE

Village of Leonore’s Prevailing Wage Ordinance #05-1 was submitted.

SEE RECORD BOOK 153, PAGE 55

A Public Notice from the I.E.P.A. regarding the proposed renewal of the federally enforceable state operating permit for HCC, Inc. in Mendota was submitted.

SEE RECORD BOOK 153, PAGE 56

Correspondence from State Rep. Robert W. Pritchard regarding the LaSalle County’s resolution in support of the Park and Recreation Construction fund legislation was submitted.

SEE RECORD BOOK 153, PAGE 57

Correspondence to the Illinois Dept. of Revenue regarding business address verification for tax allocation purposes was submitted.

SEE RECORD BOOK 153, PAGE 58

Correspondence from U.S. Senator Barack Obama regarding LaSalle County Resolution #05-79 (Supporting 109th Congress H.R. 995) was submitted.

SEE RECORD BOOK 153, PAGE 59

Correspondence from the I.E.P.A. regarding Brockman I Landfill was submitted.

SEE RECORD BOOK 153, PAGE 60

Correspondence from the Federal Energy Regulatory Commission regarding Marseilles Hydro Power, LLC was submitted.

SEE RECORD BOOK 153, PAGE 61

A copy of Audit Report Supplemental No. 50 covering the receipt and disbursement of Township Bridge Program funds by the county’s road districts for the period beginning January 1, 2004 and ending December 31, 2004 was submitted.

SEE RECORD BOOK 153, PAGE 62

A copy of Audit Report No. 50 covering the receipt and disbursement of Motor Fuel Tax

LaSalle County Board Minutes – July 14, 2005 funds by the county’s road districts for the period beginning January 1, 2004 and ending

December 31, 2004 was submitted.

SEE RECORD BOOK 153, PAGE 63

A copy of Audit Report No. 72 covering the receipt and disbursement of Motor Fuel Tax funds by the county for the period beginning January 1, 2004 and ending December 31, 2004 was submitted.

SEE RECORD BOOK 153, PAGE 64

Correspondence from U.S. Rep. Jan Schakowsky regarding LaSalle County Resolution #05-79 (Supporting 109th Congress H.R. 995) was submitted.

SEE RECORD BOOK 153, PAGE 65

Correspondence from Senator Durbin regarding LaSalle County Resolution #05-79 (Supporting 109th Congress H.R. 995) was submitted.

SEE RECORD BOOK 153, PAGE 66

Motion by Mr. Foltynewicz to place all on file, second by Mr. Kaminky. Voice vote, all ayes. Motion carried.

------

Motion by Mr. Landers to recess to August 11th, 2005 at 1:00 P.M. in Room 250 at the Governmental Complex, second by Mr. Savitch. Voice vote, all ayes. Motion carried.

MR. DERANGO, VICE-CHAIRMAN AND ACTING CHAIRMAN DECLARED THE MEETING RECESSED TO AUGUST 11TH, 2005

LaSalle County Board Minutes – July 14, 2005 STATE OF ILLINOIS ) COUNTY OF LASALLE ) The LaSalle County Board met pursuant to recess at the Governmental Complex, Ottawa, Illinois, on the second Thursday of August, A.D., 2005 it being the 11th day thereof. This is the third meeting of our June 2005 Session. Joseph Hettel, LaSalle County State’s Attorney, addressed the board stating that “Today’s agenda regarding ‘Rescinding County of LaSalle’s April 12, 2001 Motion Stopping the Countywide Zoning Process’ is not going to be on today’s agenda. In order to accommodate everyone it will be rescheduled at a later date and time at night, which will be posted.” At this time Mr. Ralph Coyle stated, “If we’re not going to discuss the zoning issue today, I’m going to ask to be taken off the agenda and I’ll speak when we have the new meeting.” Mr. Stephen Carlson also stated, “I will defer. I assume that my request to speak will carry over and I don’t have to make a new one?” Chairman Dougherty replied, “Yes.” Chairman Dougherty called the meeting to order at 1:43 P.M. PRESENT: 27 Members ABSENT: Mr. Grober, Mr. Freeman There were 23 ayes claiming mileage. Motion by Mr. Foltynewicz to approve the roll call for mileage & per diem, second by Mr. Rigby. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 154, PAGE 1 Chairman Dougherty called for any additions or corrections to the July 14th, 2005 minutes. Motion by Mr. Derango to approve the July 14th minutes as presented, second by Mr. Landers. Voice vote, all ayes. Motion carried. RESOLUTION: (#05-98) POSTHUMOUSLY HONOR WESLEY J. FREEBAIRN A resolution was submitted to posthumously honor former County Board member and Chairman, Wesley J. Freebairn who recently passed away. Motion by Mr. Stockley to approve the resolution, second by Mr. Boe. Voice vote, all ayes. Motion carried.

LaSalle County Board Minutes – August 11, 2005

SEE RECORD BOOK 154, PAGE 2 CITIZENS COMMENT Chairman Dougherty stated that Mr. Coyle and Mr. Carlson have deferred until the next meeting. At this time Chairman Dougherty called for Mr. Steve Rotchford who is also on today’s agenda. Mr. Rotchford was not in the room. PRESENTATION Mr. Larry Kinzer, County Engineer addressed the board regarding the County Motor Fuel Tax Audit, Township Motor Fuel Tax Audit and Township Bridge Program Audit for the period beginning January 1st, 2004 and ending December 31st, 2004. MOTION Motion by Mr. Ronald Johnson to place on file the County Motor Fuel Tax Audit, Township Motor Fuel Tax Audit and Township Bridge Program Audit, second by Mr. McConville. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 154, PAGE 3-5 RESOLUTION: #05-09 (#05-99) VARIANCE TO THE SETBACK ORDINANCE A resolution was submitted granting a variance to the setback ordinance for Arthur and Kathleen Turner to construct a new addition a minimum of 72 feet from the centerline of East 1553rd Rd. (County Highway #1), located in Freedom Township, LaSalle County. Motion by Mr. Stockley to approve the variance, second by Mr. Kaminky. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 154, PAGE 6-7 RESOLUTION: #05-10 (#05-100) VARIANCE TO THE SETBACK ORDINANCE A resolution was submitted granting a variance to the setback ordinance for Paul & Penny Seipp to construct a new addition a minimum of 64 feet from the centerline of Columbus Rd., located in Eagle Township, LaSalle County. Motion by Mr. Jordan to approve the variance, second by Mr. Garretson. Voice vote, all ayes. Motion carried.

LaSalle County Board Minutes – August 11, 2005

SEE RECORD BOOK 154, PAGE 8-9 RESOLUTION: (#05-101) MAXIMUS/GIS COST STUDY A resolution was submitted to hire MAXIMUS, Inc. to conduct a GIS cost study pursuant to the Agreement attached hereto and incorporated herein at a total cost of $2,500. Motion by Mr. William Johnson to approve the resolution, second by Mr. McConville. Jennifer Woods, GIS Coordinator, addressed the board stating, “Right now the recording fee is $5.00. I retain $4.00 for the GIS Fund and Mr. Lyons, Recorder of Deeds, gets $1.00 for collecting the fee. We are looking at increasing the fee. We all agree that it is best to do a cost study outside of the county. The reason why we are looking to raise the fee is for re-flying aerials, updating software, and doing work for other departments.” Chairman Dougherty called for a roll call vote; 26 ayes, 2 absent. Motion carried. SEE RECORD BOOK 154, PAGE 10-16 COMMENT Chairman Dougherty stated, “There will be a Special Meeting of the LaSalle County Board just on the three issues that did not go on today. It will be publicized and the agenda will be posted. It will be in the newspaper so everyone knows where it’s going to be held and at what time it will be.” MISCELLANEOUS REPORTS & CORRESPONDENCE Correspondence from State Rep. Patricia Reid Lindner regarding LaSalle County Resolution #05-78 in support of HB 3760 was submitted. SEE RECORD BOOK 154, PAGE 17 Correspondence from State Senator J. Bradley Burzynski regarding LaSalle County Resolution #05-78, relating to HB 3760 stating, “It is my opinion that until the Governor releases funds for existing commitments, no new capital programs will be initiated.” SEE RECORD BOOK 154, PAGE 18 The Treasurer’s Investment Schedule dated August 5th, 2005 was submitted. SEE RECORD BOOK 154, PAGE 19 Correspondence to the Illinois Dept. of Revenue regarding business address verification for tax allocation purposes was submitted. SEE RECORD BOOK 154, PAGE 20

LaSalle County Board Minutes – August 11, 2005

A letter read by the Clerk from David Rivers who is in Kuwait until September 6th, 2005 thanking everyone who sent something in the package he received was submitted. SEE RECORD BOOK 154, PG 21 Motion by Mr. Flanagan to place all on file, second by Mr. Myers. Voice vote, all ayes. Motion carried. COMMENT Mr. Piecha questioned, “We understand that at the Special Meeting that we are going to have will also include the resolution regarding to join the Campaign for Sensible Growth to be on the agenda?” Chairman Dougherty replied, “The items that were omitted today will be on the agenda for the Special Meeting.” ------Motion by Mr. Derango to recess to a Special Meeting to be announced, second by Mr. Foltynewicz. Voice vote, all ayes. Motion carried. CHAIRMAN DOUGHERTY DECLARED THE MEETING RECESSED TO A SPECIAL MEETING, TO BE ANNOUNCED

LaSalle County Board Minutes – August 11, 2005

STATE OF ILLINOIS ) COUNTY OF LASALLE ) The LaSalle County Board met in a reconvened session of the August 11th session, at the Ottawa High School, Ottawa, Illinois on the third Wednesday of August, A.D., 2005, it being the 17th day thereof. This is the fourth meeting of our June 2005 session and a reconvened session of the August 11th session. Chairman Dougherty called the meeting to order at 6:05 p.m. Chairman Dougherty asked the Clerk to call the roll for mileage & per diem. PRESENT: 29 Members ABSENT: None There were 18 ayes claiming mileage. Motion by Mr. McConville to approve the roll call for mileage & per diem, second by Mr. Rigby. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 154, PAGE 22 COMMENT Chairman Dougherty thanked Dr. Thomas Jobst of Ottawa High School for providing the school auditorium for the county board’s special meeting today regarding countywide zoning, at no cost to the county. CITIZEN COMMENT Mr. Ralph Coyle, President of the Land Owner’s Association, addressed the board regarding good zoning and to place the issue before the people on the ballot of the November 2006 General Election. Mr. Coyle stated, “What will the legacy of this board be? I believe that question will be answered tonight. Please hear the people of LaSalle County and put the question ’Should LaSalle County adopt countywide zoning’ on the November ballot and let us work for good zoning.” Mr. Coyle directly quoted Section 1 and Section 5 of the Constitution of the State of Illinois, Article 1, Bill of Rights and also the 1st Amendment of the United States Constitution, Article 1 of The Bill of Rights.

LaSalle County Board Minutes – August 17, 2005 Mr. Coyle added, “Let it be known that we will be calling for the resignation of any politician that does not adhere to these basic principles. These are the Constitutions every one of you swore to uphold when you took office.” Mr. Coyle also addressed the direct election of a county board chairman and building codes. SEE RECORD BOOK 154, PAGE 23-28 CITIZEN COMMENT Mr. Steve Rotchford, former President of the Land Owner’s Association, also addressed the board regarding the proposed countywide zoning issue and the proposed resolution to join Campaign for Sensible Growth. Mr. Rotchford stated, “The sad truth is that this board and the two party system in LaSalle County has little, if any credibility left. On one hand you’ve said that if the majority of townships requested it, you would impose countywide zoning. And when they didn’t you said, we’ll impose it anyway. While you tell the pubic that you want to stop unwanted development, you’re telling the townships and the municipalities that you’ll honor their land use maps. Which means that development will go on unabated, but with a new sense of county inspired order. For nearly one year, you gentlemen have been screaming we’re broke. And now you turn around and say, zoning at any cost.” Mr. Rotchford added, “Gentlemen, because your credibility is so low and you are so disconnected from the people of LaSalle County, I am here today to tell you that it is my intention to form a new political party here in LaSalle County. When constituted, the LaSalle County United Reform Party will truly represent the bipartisan interests of its constituents and it will not require that they give up their national party affiliation.” CITIZEN COMMENT Mr. Stephen Carlson addressed the board stating, “I ask only one thing today, and it’s already been asked for. Mr. Ralph CoyIe, Mr. Steve Rotchford and I are not coordinated. I’m speaking for the other side. But I ask one thing. My comments are abbreviated from an address I gave to this board in April of 2002. I’d like to speak about zoning very briefly. It’s not a question of whether this county will be zoned countywide or not, it’s only a question of when. Because it’s a question only of when, becomes a matter only of how. I mean a matter of how not in details. Not the details of definitions of a complex ordinance, not the details of how

LaSalle County Board Minutes – August 17, 2005 parcels are colored on a map, but I mean the general process we proceed through to get to the end. Mr. Coyle has spoken of good zoning. It can be done. That is what I ask of this board. Do it right. Not in haste. Not in confusion. Not in dissention. Not in imperfection. Take the time and do it right. Start it today. But finally put it to a vote of the people. Mr. Coyle has asked for that. I ask as well. Let the people vote. I’ll be presenting at the end of my speech an amendment that I hope someone will make to the resolution to be adopted tonight, so that we can trust the county board. It will be their inviting and we know that it will take place. This board should be able to convince the people that zoning is a good thing. That is all I ask, that you make an effort to convince them. At the end of Mr. Carlson’s speech he stated, “I move to amend the resolution under consideration by dropping the final period of the last paragraph and adding: “…and that no final action for the adoption of such ordinance be taken until a referendum question calling for the adoption of the ordinance be placed before the voters and voted on at the next general election.” SEE RECORD BOOK 154, PAGE 29 COMMENT Mr. Leininger questioned, “There’s a gentleman, a former school board superintendent and currently a supervisor of a township in LaSalle County, here tonight. And according to our board rules, a board member may ask the chairman for a member of the community to speak for ten minutes. I would like for you to give him permission to speak briefly to the board.” Chairman Dougherty questioned, “On what subject, zoning?” Mr. Leininger replied, “Yes, sir.” Chairman Dougherty replied, “We’ve already had three speak on zoning. We are only allotted two to speak.” Mr. Leininger replied, “Maybe a motion would be in order. I’d like to make a motion that for this night we set aside that rule to allow additional speakers.” Chairman Dougherty replied, “This is not a public hearing. This is a county board meeting.” Mr. Leininger replied, “The rules say that we are authorized to let an additional speaker be recognized.”

LaSalle County Board Minutes – August 17, 2005 Chairman Dougherty replied, “I ask you to look at the other rule. Two people may speak on the same subject. We’ve already allowed three to speak on it from the public.” Mr. Leininger replied, “Well maybe we’ll abate the rules tonight. You have the authority to do that.” Mr. Freeman replied, “I’ll second that motion.” Chairman Dougherty stated, “Alright, we have a motion and a second on the floor.” Chairman Dougherty called for a voice vote on the motion to have more members from the public to speak. Voice vote. Motion defeated. MOTION Motion by Mr. Piecha to rescind the County of LaSalle’s April 12th, 2001 motion stopping the countywide zoning process, second by Mr. Foltynewicz. Chairman Dougherty stated, “We are open for debate.” Mr. William Johnson addressed the board regarding the zoning issue and explained the difference between representative democracy and direct democracy. Mr. Johnson stated, referring to James Madison, Federalist Paper No.10, “No matter how dedicated to their belief and impassion, I don’t think any special interest group or faction has the right to torpedo the proposed zoning ordinance until it is completed. The use of an advisory referendum or direct democracy is the tool of manipulation to end something that has the potential to benefit LaSalle County residents, and is the type of injustice that Mr. Madison warned us about. I urge board members to vote to complete the zoning proposal, act in the best interest of LaSalle County residents and then we can debate the merits of zoning. Let reason prevail over emotions.” SEE RECORD BOOK 154, PAGE 30-31 Mr. Freeman stated, “Mr. William Johnson gave a very elegant speech. And he brought to mind exactly what I want to talk about, a binding referendum. He said it. A referendum is no good unless it’s binding. Obviously that’s what he said. So what I propose tonight is a motion to table the zoning issue until a binding referendum is placed on the November ballot and all people of LaSalle County are given the right to vote on a binding referendum. And Mr. Chairman, I request a roll call vote.” Motion seconded by Mr. Grober to table the zoning issue.

LaSalle County Board Minutes – August 17, 2005 Chairman Dougherty explained to the board members that “If you vote yes we will table the motion, and if you vote no we will continue on with the meeting.” Chairman Dougherty called for a roll call vote; 5 ayes, 23 nays. Motion defeated. SEE RECORD BOOK 154, PAGE 32 COMMENT Mr. Ronald Johnson read a letter from State Representative Robert W. Pritchard that stated, “My experiences with zoning in De Kalb County have been positive. De Kalb County has had zoning for well over 30 years. Zoning is a useful tool in areas that are growing and where new residents plan to use their land in a variety of ways.” SEE RECORD BOOK 154, PAGE 33 Mr. Ronald Johnson stated, “As Mr. Rotchford says, we should represent the districts that we come from. All three townships and the only incorporated village in my district, that is Leland, are on record in favor of opening the process. I urge all board members to support reopening the process.” Mr. Erbrederis stated, “As on the agenda, Senator J. Bradley Burzynski was suppose to address and make a presentation this evening. Due to a prior commitment in Rockford he was unable to attend, but he did address a letter to the county board regarding zoning.” At this time Mr. Erbrederis read the letter from State Senator Burzynski that stated, “My experience over the years with De Kalb County and other jurisdictions in my district seems to support the belief that county-wide zoning can be effective as a tool for protecting landowner rights and maintaining control on growth.” SEE RECORD BOOK 154, PAGE 34 Mr. Erbrederis stated, “I’d also like to add that I met with Rebecca Morphey, Trustee for the Village of Somonauk, and she had two requests of the LaSalle County Board and the Zoning Committee. First, that the county board would respect Somonauk’s 1½ mile zoning and the comprehensive plan in our final draft of any type of zoning. Secondly, that growth be directed to the villages rather than outside of their jurisdiction.” Mr. Boe stated, “I’d just like to make a few comments on what’s been said. I know the senators seem to imply that we can stop a strip joint by county zoning. I happen to have a strip joint in Rutland Township where I happen to live. It was permitted by the City of Ottawa under the 1½ mile zoning. The other issue is, if you read in the manual, I don’t want to portray to the public and I don’t think any board member should portray to the public that that’s going to be the

LaSalle County Board Minutes – August 17, 2005 complete answer in stopping a strip joint because on page 88 in the proposed final manual, it’s a permitted use and industrial site. If you take and understand zoning, you’ve got a land plan use with a map that dictates the purpose of what you want to lay out and the zoning is basically your enforcement of that land plan. If you take the LaSalle County Land Plan Use and look within industrial site is, the largest industrial site lays in my home township. I can tell you it starts at Ottawa and goes to Marseilles. Underneath those specifications under the special use permit it allows that you have to have a thousand foot buffer. If you go out there and look at the industry in that area and you check the zoning in the two cities you’ll see it’ll be buffered by three industrial sites. There’s a lot of air space out there to make a thousand foot buffer. It might not be put in Somonauk, but it’s a chance that it could be put in my district. So I don’t think that we can hinge ourselves on saying that it’s doing. I commend the board and the zoning planning to put it in an industrial site. That’s the least likely place to have it. But I can tell you that nobody wants a strip joint anywhere, but until the legislatures step up to the plate and say that it’s dirty, it’s rotten, it’s hindrance to society, we don’t have a chance. This is an acceptable business. But I don’t want to portray to my board district that that’s a cure all for strip joints, because unfortunately we’ve got one of the largest industrial systems that’s been planned for LaSalle County and we have some fortunate resources like the Illinois River, the railroad track, Route 80 and several parcels out there that’s available for some great industry. I think the plan that they planned out was great. I think they followed and looked into the situation and where our resources were in LaSalle County and that’s where the industrial site fell. The Zoning Board that was put together should be commended. But don’t misunderstand. It’s not a cure all for one situation that’s been brought up with both of these letters by these senators. I would be more than willing to challenge any senator that wants to come to me and talk to me about the situation.” Mr. Piecha stated, “The issue that we have before us is a zoning issue. And who has the responsibility to zone the county? The citizens of the county certainly have a right to voice their opinion and say no to countywide zoning, but the county board has that responsibility.” At this time Mr. Piecha gave examples of what he found out about advisory questions that he did some research on. Mr. Leininger stated, “Having this representative and state senator step in here and start talking about LaSalle County zoning, is I think, a lot of us recognize this as another thing from

LaSalle County Board Minutes – August 17, 2005 top down bureaucratic controls that we really don’t need. But Mr. Piecha mentioned the landfill and the money. I guess the intent is to have the monies from the landfill, if I’m correct from what I’m reading, I’ve haven’t been to the committee meeting, to take care of the zoning cost along with the fees. Is that right Mr. Piecha?” Mr. Piecha replied, “I did not make that statement Mr. Leininger.” Mr. Leininger questioned, “So we will not be using landfill fees to support the zoning?” Chairman Dougherty replied, “Sir, I think he’s probably referring to a statement that I made. The Chair made the statement, yes, that the revenue from the landfill will more than pay for the cost of county-wide zoning.” Mr. Leininger questioned, “How do we backfill the funds the landfill is going to put into zoning that they’ve been using the general fund for something else? I’m not asking a question. I guess I’m asking myself that question. But somehow those two, three hundred thousand dollars have gotten backfilled. To me that seems like taxpayer dollars. I’d like to put a hypothetical situation out here involving the landfill. The City of Ottawa is a very progressive city and that landfill sits out there on the other side of Ottawa. There’s a company out there that needs some zoning issues looked into. The way you negotiate, it’s not really impossible that if Silica Sand was to join the City of Ottawa, maybe they’ll get a reprieve from taxes for twenty years or something, and pretty soon Ottawa hops out there on the other side of the landfill with a couple of owners and then that landfill possibly becomes under the control of Ottawa and we lose all revenue. That can happen when Ottawa heads out west. If Ottawa does that I wouldn’t blame them a bit. They’re in business to make Ottawa grow and that would open up a lot of area out there. So we can’t plan on those landfill fees. It’s going to cost taxpayers money if we have zoning. I think that’s probably part of the reason that some of these people are having trouble accepting the wishes of this board for zoning because they feel they’re not getting a straight shot for it. That’s why I think we need to sell this program because zoning without the people’s support is not going to be good. With ninety thousand people in this county under zoning now, I mean we’re not a black hole on a map, we’re a pretty good county and we’re pretty progressive and I think it’s going to continue that way. So we need to go out there and we need to sell zoning because I’ve got to tell you, I’ve said it before and I’ll say it again, I’m for zoning, but I’m not for this county zoning as it’s presented. We need to readdress it and rework it.”

LaSalle County Board Minutes – August 17, 2005 Mr. Jakupcak stated, “I thought that’s what we were going to be looking at. By starting this process over we’re going to go through that book again and we are going to weed out what we don’t need and make it more simple and get to the basics of zoning and to make it work. Everyone is under the impression that the book is so thick that that’s the way zoning is going to be. There’s a lot of work ahead yet for whoever the committee is to work on. They will be getting the information from the townships.” Mr. Freeman stated, “I heard a lot of people tonight here on the board talk about the voters were misinformed, there was a lot of falses and a lot of mistruths on the last referendum. If that’s fact, I brought forward a resolution after that vote, asking for a vote by the public before zoning would ever be instituted, and you looked at me and you said what are you people afraid of? And I ask you, what are you people afraid of? Let the people vote on a binding resolution.” Mr. Erbrederis stated, “I’d like to agree with the comments Mr. Leininger made. We really don’t need to have higher ups in state and federal government come down and hand down decrees to local government. But yet, after September 11, 2001 the federal government came down and mandated that we install 9-1-1 in every phone line within the United States unfunded. We put in the referendum last November. The will of the people barely approved 9- 1-1 by just under 52% to a little over 48% against it. Almost a 50-50 split. It’s a point where the people vote by emotion rather than voting by what’s best for everyone. Again, you have to get the people to realize what is the best way to go about it. And I believe by having the townships and the municipalities give their input in designing the final draft, as Mr. Jakupcak said, it’s not going to be done overnight. It’s going to be a long process. And we have to get it right this time.” Chairman Dougherty called for a roll call vote on the motion to rescind the County of LaSalle’s April 12th, 2001 motion stopping the countywide zoning process. Chairman Dougherty explained that a yes vote approves the motion and a no vote defeats the motion. Chairman Dougherty asked the Clerk to call the roll. Roll call vote; 23 ayes, 5 nays. Motion carried. SEE RECORD BOOK 154. PAGE 35-36

LaSalle County Board Minutes – August 17, 2005 RESOLUTION (#05- 102) TO CONTINUE ADOPTION OF COUNTYWIDE ZONING FOR LASALLE COUNTY AND TO REAPPOINT THE LASALLE COUNTY ZONING COMMISSION A resolution was submitted stating that LaSalle County continue the process of adoption of a countywide zoning ordinance for LaSalle County and that the LaSalle County Zoning Commission be reappointed to complete the task of making a final report to the LaSalle County Board and submitting a proposed zoning ordinance. Motion by Mr. McConville to approve the resolution, second by Mr. Jakupcak. Chairman Dougherty stated, “Open for discussion.” Mr. Freeman stated, “Mr. Chairman I’d like to know, it says continue adoption of countywide zoning. Are we going to go through the thirty-seven (37) meeting process, which I believe is the correct way to do this?” Chairman Dougherty replied, “At the present time we are not, sir.” Mr. Freeman questioned, “Why?” Chairman Dougherty replied, “We’ve already had thirty-six (36) meetings.” Mr. Freeman replied, “I believe the board back then voted to rescind. So I don’t see how this is legal? And we’re going to seek legal advice and I think it’s still waiting that this is even a legal maneuver. I’m just very frustrated at what you’re doing. I don’t know who appointed you dictator of this county.” Chairman Dougherty replied, “It is unfortunate Mr. Freeman that we now start name calling. You are free to pursue legal advice and get your attorneys. That’s fine. We are just trying to do county business here. The people sitting there elected me Chairman. You think this was my idea? I beg to differ with you sir. I am doing what the county board requested me. Do you have anything else, Mr. Freeman? You still have the floor.” Mr. Freeman replied, “I regret calling you that, but you know what? It’s true.” Mr. Boe stated, “I’d like to address Mr. Holland on the resolution. In the resolution reading for clarification on the vote, it reads ‘acting by and through the LaSalle County Board that LaSalle County continue the process of adoption of the countywide zoning ordinance of LaSalle’. On that particular statement where it says continue the process, I believe, that understandingly if I’m reading it right, would say that we’re going back to the original motion that was made in 1995 when we started the process and went through thirty-six township

LaSalle County Board Minutes – August 17, 2005 hearings and never finished the thirty-seventh hearing, or adjourned the last meeting. If the word continue is right in my mind, and there’s a process that’s been started and we rescinded that process, it appears to me that we would be taking legal action on the writing of this language to continue what we started back then. If not, I believe the wording would state that we start the process instead of continue. I don’t know how else to explain it in simple language, but I’m kind of confused on the word continue. And I understand that it is true that by the newspaper that the State’s Attorney’s office has sent to the Attorney General to have an opinion on the process procedure and I would just like to have your comments on that word continue and what that means?” County Attorney Troy Holland replied, “State’s Attorney, Joseph Hettel has requested an opinion as to whether the process would need to go through all the public hearings again or whether it could happen with one public hearing in the last township. I think in answer to your question continuing the process, is to continue the process that was started originally in 1995.” Mr. Boe replied, “At this point in time, why would we be leading into that anticipation. What you’re saying to me is that, we would start over with the Eagle (township) hearing. Is that what you’re saying?” Mr. Holland replied, “I don’t think that issue has been decided yet, Mr. Boe. I think that if we get some guidance from the Attorney General we can decide whether that’s a viable option, whether the Zoning Commission wants to do that or whether they need to have the thirty-seven (37) meetings again.” APPOINTMENT TO ZONING COMMISSION Chairman Dougherty announced the individuals who will be serving on the Zoning Commission if they get reappointed tonight as follows; Kenneth Stockley, Dale McConville, Glenn Garretson, Gary Small, Donald Jordan, Joseph Savitch, John Hughes, Jim Maierhofer and Robert Miller. Chairman Dougherty stated, “If any of those members wish to resign they may do so, but these will be the individuals reappointed tonight if this resolution passes.” Chairman Dougherty explained that a yes vote approves the resolution and no vote disapproves the resolution. Chairman Dougherty asked the Clerk to call the roll. Roll call vote; 23 ayes, 5 nays. Motion carried.

LaSalle County Board Minutes – August 17, 2005 SEE RECORD BOOK 154, PAGE 37-39 RESOLUTION: (#05-103) TO JOIN CAMPAIGN FOR SENSIBLE GROWTH A resolution was submitted stating that the LaSalle County Board join the Campaign for Sensible Growth at no cost to the County. Motion by Mr. William Johnson to approve the resolution, second by Mr. Kaminky. Mr. Kaminky stated, “I recommend to the board that we join the Sensible Growth, which is a coalition of over two hundred (200) organizations, counties, municipalities, organizations of various kinds, universities and citizens. They came to us specifically on Bill 1910. Bill 1910 worries about the water in this county and the basic water sheds. Watersheds in this county come from other counties. The lower Fox Water shed comes from Kane and goes downhill to Kendall to DeKalb, and we are at the bottom of the hill. The upper Illinois comes from Will and Kendall and goes through Kankakee, Grundy and LaSalle. What they are saying is we need to work with the various counties to prevent flooding, improve water and make sure we have water. The Bill passed the Illinois Senate 56 to 1 in favor of this Bill. It’s sitting on the Governor’s desk. It’s supported by the Illinois Association of County Board Members, the Illinois Farm Bureau, the Illinois Municipal League, Illinois Association of Drainage Districts, Illinois Association of Realtors and the Home Builders Association. We need the view points and contacts of Sensible Growth in this county.” Mr. Freeman stated, “According to Mr. Kaminky, all those counties that everything is coming from are zoned, so we should be safe. So, I don’t see that. But I’d like to ask everybody here. We’re voting on this tonight and everybody here has read this whole thing and we know exactly everything that this organization stands for? If I’m correct, does this organization originate in Chicago?” Mr. Kaminky replied, “Absolutely.” Mr. Freeman replied, “O.K. So we are going to abide by people that are controlling Chicago. That’s what we want to come down here now. And you know what happened to Chicago. Why did the people want to move out of there? So now we want to institute exactly what Chicago has. Good idea.” Chairman Dougherty replied, “I believe sir, that there was a lady who came and presented a presentation to the Development Committee. This resolution came from the Development

LaSalle County Board Minutes – August 17, 2005 Committee. It just didn’t come out of thin air. It was spoken to by the lady through the Development Committee and they are making the recommendation that we join this at no cost to the county. And as I understand it, it is just the information.” Mr. Freeman replied, “Also in this bill you talk about, if I’m correct, it might not be this exact bill, but there’s a bill passed that this regional growth is involved with and they are encouraging that the eminent domain issue was a good idea by the Supreme Court. So I guess this board is going to come out and take your property if we get the opportunity because this growth group wants that in there so they can come out and grab your property and give it to some private citizen. So we’ve done a lot of research. Good vote on this tonight.” Mr. Small stated, “I’ve read through this Mr. Kaminky and I have a few questions. This organization also is in favor of green space and bike paths and so on, correct?” Mr. Kaminky replied, “This association as I stated to you is made up of two hundred (200) organizations who all have different issues. I don’t think joining them to get that information as Mr. Freeman is suggesting makes you 100% in favor of everything. I don’t think there’s any organization that you could run in to that you believe everything they do. Their issue is storm water. It’s very clear. The problem that exists in this county on storm water needs to be resolved. We just need information and a forum to work our way into this with their help. But I’m not saying that we are going to do everything that they’re part of.” Mr. Small replied, “I agree storm water is a major problem in all the development areas. This county board also supports LaSalle County Soil & Water Conservation District who did a water survey of the Little Vermillion watershed. They spent two years on it. It was a grant they received from the I.E.P.A. to help pay for it. Has anyone from this board consulted with the Soil & Water District on what their feelings are? Or have they had any input on or asked about storm water management on the Fox or the Illinois? What can be done in this county to alleviate flooding? I think this is a little premature for the county board to step in at this present time. I think we need some advice from the Soil & Water Conservation District. They have more knowledge and more resources to develop storm water management practices than this county board does at this present time.” Mr. Boe stated, “I wasn’t at that meeting, but the lady who gave the presentation handed out a folder that left an internet address. So I researched this particular group. I think the watershed bill has been recognized for probably some good to it, but that’s the least amount of

LaSalle County Board Minutes – August 17, 2005 lobbying that this group does. This group has been around for seventy (70) years according to what I pulled off the internet. It’s actually the Metropolitan Planning Council and this is a subsidiary coalition, as I understand it, off of that. At this time Mr. Boe explained that on July 20th there was a senate hearing in Chicago on an issue of eminent domain. Mr. Boe stated, “In that case, something happened for our property rights, that’s totally outlandish. Every citizen sitting in this room better listen up, because our legislators need to be spoken to. And we need to take eyes with our own legislation here in this county seat. They had a hearing and in this case an economic development plan was sited by the Supreme Court that deemed to take property from one private owner to another private owner. For the good and public purpose of the community, the way I understand that is, if you owned a home or maybe it’s similar to the Jordan block and you didn’t want to sell out, that particular Supreme Court allows a good economic development plan to give the municipality the right to impose eminent domain. I own property. And the United States of America does not have the most natural resources in the world, but they are the most progressive nation that lives. And I believe that’s the direct motive because we have the right to own property in this country and the right of free enterprise and I don’t want to see that undermined by anybody. Economic development plan or not. This thing leaves us in the hands of the public officials and there can become a lot of abuse in this. I picked up on the internet how this particular group lobbied at the senate hearing. It left a lot of implications that they felt we shouldn’t make no major rush to protect the property rights of eminent domain through an economic development plan. Without doing a lot more public input and public research and so forth and so on, I think we need to rush to stop it immediately. I think this group lobbies for a lot of bills, some good, maybe some bad. We might be saying that we’re getting this free, but the results is they ask us for our support so they can use LaSalle County as a lobbying position to the legislators that we’re in common support of what they’re lobbying for. That’s a pretty high price. I think we need to do more research before we vote on this issue. I think this issue should probably be tabled until the county board can at least have some time to research it for themselves to see if I’m telling the facts.” Mr. Gruenwald stated, “In response to Mr. Boe’s inquiries, the Rules & Legislative Committee has placed the issue of the eminent domain on the agenda in July. And at this time

LaSalle County Board Minutes – August 17, 2005 there’s only a House Bill been introduced, there has not been a Senate Bill yet. So, when the senate bill comes out and probably then it will go to conference committee and we’ll have a better handle on what they’re doing. That is on our agenda and will stay on our agenda until it is settled.” Mr. Jordan stated, “I’d like to see this lay over until it gets more studying and to check with Soil & Water also. Do you need that in a motion?” Mr. Small questioned, “Are there any communities in LaSalle County that belong to this organization?” Mr. Kaminky replied, “No. This is the first issue statewide that has come out here and that’s why they came here, water, not eminent domain. Not all this stuff you guys are throwing on there. They came here because of water. And water comes from that direction. It doesn’t know about county lines. It starts at a river and it comes this way. People are sticking straws called wells in our aquifer as it comes here. People will turn on faucets and not get anything because we’re at the end of the line. They’re asking us to work with them to make sure it all works well and everybody gets their fair share. Now you can say, well, we don’t care about water. I don’t see eminent domain in here at all. I see water.” Mr. Small questioned, “Water is the main issue. The City of Ottawa is the one that takes the brunt of the water from that area when there is flooding. I was just curious if the City of Ottawa has checked into this organization. And I agree 100%. We need to be concerned. All I’m saying is, it needs to be laid over for a while to get more information.” Mr. Kaminky stated, “I think we are talking about storm water. I think we’re talking about a bill that passed the senate 56 to 1. I think we’re talking about something that is a very important to this county, which is the water that people drink. The improvement of water quality is surely a big issue around Ottawa. I don’t get the problem where all this eminent domain is coming from.” Mr. Derango questioned, “Mr. Kaminky, would it make a difference if we did wait a month to check it out? Do we lose any opportunity or anything by waiting a month?” Mr. Kaminky replied, “No, we don’t lose anything. I just fail to see the problem with just supporting a water bill. I just see it as supporting a water bill. If you guys feel uncomfortable with that, I have no problem with tabling it.”

LaSalle County Board Minutes – August 17, 2005 Chairman Dougherty questioned, “Ok, are you ready for the question?“ Chairman Dougherty explained that a yes vote approves the resolution and a no vote defeats it. Chairman Dougherty asked the Clerk to call the roll. Roll call vote; 14 ayes, 13 nays, 1 pass. Motion carried. SEE RECORD BOOK 154, PAGE 40-42 ------Motion by Mr. Derango to adjourn to September 12th, 2005 at 1:00 p.m. in room 250 at the Governmental Complex, second by Mr. Savitch. Voice vote, all ayes. Motion carried. CHAIRMAN DOUGHERTY DECLARED THE MEETING ADJOURNED TO SEPTEMBER 12TH, 2005

LaSalle County Board Minutes – August 17, 2005 STATE OF ILLINOIS ) COUNTY OF LASALLE ) RECORD OF THE PROCEEDINGS OF THE LASALLE COUNTY BOARD HE AT THE GOVERNMENTAL COMPLEX, OTTAWA, ILLINOIS. BEGUN AND HELD ON THE SECOND MONDAY OF SEPTEMBER, A.D., 2005, IT BEING THE 12TH DAY THEREOF. STATE OF ILLINOIS ) COUNTY OF LASALLE ) The LaSalle County Board met pursuant to Statute at the Governmental Complex, Ottawa, Illinois, on the second Monday of September, A.D., 2005, it being the 12th day thereof. Chairman Dougherty called the meeting to order at 1:02 p.m. This is the first meeting of our September 2005 Session. Chairman Dougherty asked the Clerk to call the roll for Mileage & Per Diem. PRESENT: 29 Members ABSENT: None There were 26 ayes claiming mileage. Motion by Mr. Foltynewicz to approve the roll call for mileage and per diem, second by Mr. Gruenwald. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 154, PAGE 43 RESOLUTION: (#05-104) POSTHUMOUSLY HONOR ROBERT RAY MCFADDEN A resolution was submitted to posthumously honor former County Board member Robert Ray McFadden who recently passed away. Motion by Mr. Myers to approve the resolution, second by Mr. Garretson. A moment of silence was observed in Mr. McFadden’s honor and also in remembrance of the victims of the September 11th, 2001 terrorist attack on New York City and also the victims of hurricane Katrina. Chairman Dougherty called for a voice vote, all ayes. Motion carried. SEE RECORD BOOK 154, PAGE 44

LaSalle County Board Minutes – September 12, 2005 COMMENT Mr. Mike Jobst, E.M.A. Director, addressed the board regarding the eleven fire fighters from MABAS Division 25, representing seven different fire departments in LaSalle County who have gone to Louisiana to help. Mr. Jobst, stated, “As of Saturday, two fire fighters from the Village of Utica were deployed as part of the FEMA Response Team. As of today, two more members of the Utica Fire Department are being deployed as part of the FEMA Response Team.” At this time Mr. Jobst recognized each member of the MABAS Division 25 team as follows: Herb Johnson of Marseilles, Gerald Stevenson of Marseilles, Ron Popurella of Oglesby, Ed Rogers of Utica, Neil Nadolski of LaSalle, Wayne Christensen of Ottawa, Andy Borkowski of Ottawa, William Krolak of Peru, Gary Eccles of Peru, Andy Bacidore of LaSalle, and Ryan Reynolds of Streator. Mr. Jobst also recognized each member of the FEMA Team as follows: Joel Kritzel, Jason Sowell, Jimmy Sales and Steve Maltas all from Utica. Mr. Jobst stated, “The MABAS Division 25 Team is deployed to St. Bernard’s Parish. The main mission of the MABAS Division 25 contingent has been search and decontamination. They are assisting in some search work. Today, they were going to do their decontamination and also going with St. Bernard’s Parish Fire Fighters back into their fire stations to see if there is any hope in salvaging their equipment. I also got word of one of their fire fighters who lost eight members of his family in the hurricane and never missed a second on the job. The fire fighters down there continue to come to work and continue to do their job. They went ninety-six hours without rest, and they are credited for making 13,000 rescues in St. Bernard’s Parish. To this point, they have found approximately sixty victims in the parish. Our people are staying in a refinery warehouse. At this point they seem to have everything they need, except comfort. Also the county received a request on two different occasions for body bags. As part of our homeland security purchases, we purchased ninety heavy duty body bags with matching locks. Those ninety body bags have been sent to Louisiana.” CITIZEN COMMENT Mr. Bruce Flatness, Miller Township Supervisor, addressed the Board stating, “First of all I’d like to tell you a little bit about myself. I have been the Miller Township Supervisor since

LaSalle County Board Minutes – September 12, 2005 2001. Prior to that I was the Township Zoning Enforcement Officer for that township and prior to that I was a trustee on the board. Several months ago your county chairman sent out letters to the townships asking for endorsement of countywide zoning. Miller Township took that very seriously and our zoning board discussed it at great length. Our town board discussed it. We even continued our meeting for a third night and invited Mr. Boe in as our county representative to talk about it further, knowing that this is a very hot issue in the county. After all those conversations, it was determined that we could not in good faith support countywide zoning as it stands today.” Several reasons that we have decided to go that route is, first of all, the referendum that was held four years ago. Throughout the county, eighty some percent of the residents felt that they were not in favor of countywide zoning. The residents in our township as well, were not in favor of countywide zoning. Being elected representatives of that township we felt it was in our best interest to follow the wishes of our residents. I know much has been said about that referendum saying that it was defeated with emotions and not with facts and then maybe only thirty some percent of the people voted on that referendum making it maybe not such a strong endorsement of the will of the people. However, if you use that line of thinking than the people that we’re electing that same election with that percent were elected on that same still small of a minority. So I think we have to be very careful at how we handle that referendum. Another issue was representation. As it stands now with the townships being in control of zoning, at least seventeen of the thirty-seven townships in the county have township zoning. Their representation is 100% of the public, basically. There’s a five member board, which elected every four years. If you’re not happy with the way they are handling the zoning in your township, you can boot them all out after four years. If we go to countywide zoning, each district is only allotted one representative, one of twenty-nine. Now if you have a good representative he’ll do the good wishes of your people, but there are still twenty-eight members on that board. The other aspect to that is also the fact that this countywide zoning is only affecting the unincorporated areas of the county. The county board is made up largely of individuals from municipalities in large cities of our county, which makes that kind of a difficult situation. That’s the beauty of township government. You have the will of the people. It’s your neighbors. Your right next door and you are the ones that are controlling the township. If you go to countywide zoning you’re like reinventing the wheel. If you look at the map, we pretty

LaSalle County Board Minutes – September 12, 2005 much have county wide zoning. It’s just controlled by the townships and not by the county, effectively doing a good job and a number of them for a number of years. Miller Township has had zoning for thirty years. Now grant it we didn’t have the zoning that we have today thirty years ago. We started out small, but gradually through the years we have built that up to have land use plans, subdivision ordinances and so forth. We are proud of our zoning and we would hate to see that wiped out with a single stroke of a pen and then recreating the wheel at the additional expense for the county. I’ve read in the paper that the cost from the county are going to held by the tipping fees. I just find that very hard to believe how costly that will be to manage the entire county. How many zoning enforcement officers will you need? How big will your board be? How much is a director going to be paid? There are a lot of questions that have been asked of people supposedly in the know about county zoning and we haven’t got a lot of answers on these things. And if this proceeds as we are proceeding, the day that you enact countywide zoning, the next day you are in force. This is it. From what I’ve been told, the developers are on the borders right now waiting to swoop into this county and develop it as fast as they can. Now can the county stop growth? No they can’t. The townships can’t stop growth either. I’ll be the first one to admit that, but they can slow it down, they can manage it and they can control it. I am in favor of zoning as well as the townships that I’ve talked to. It’s a question of not zoning. It’s who controls the zoning.” CITIZEN COMMENT Mr. Stephen Carlson, resident of Mendota, addressed the board stating, “I’m looking to save the taxpayers money with what I propose, and looking to provide all citizens of the county with fair, good government and better government. Thirdly, I’m looking to save your jobs. That special meeting of the county board cost the county and it’s taxpayers over $2,000. My proposal would avoid that. Last autumn I spoke and intimated that I was going to bring forward a number of reforms that I thought would improve this board. One of the reforms I was looking to pursue has already been pursued, and that is the directly elected chairman of the county board. Another reform that I was looking to talk about was committee consolidation. Many people have proposed that. Today I’m speaking on a third issue, of approximately another three that I hope to bring forward, that concerns the compensation of county board members. I mean the total compensation. The per diem, mileage, health and life insurances if it’s offered, retirement pensions if it’s offered, and any other benefits. But I don’t have all the data. I don’t even know

LaSalle County Board Minutes – September 12, 2005 if all of these exist. I don’t know the costs of what any of them are. I’ll seek that out. I’m only concerned with one item now. All of these items maybe issues at the 2006 election. I ask that you begin to act now for your own benefits, rather than defend yourselves later in a heated election. I’m not saying that any member of this board is over paid or under paid. I’m not looking to deal with benefits at all at this time. I simply wish to propose that we move to a salary system, and away from the per diem system that we have today. There are many reasons it would be beneficial. My case I think will be made when the per diems are read out later today, as this is the beginning of a new quarter. They have ranged in the past from under $300 to over $3,000. I think this spread is excessive and wrong. I think that it speaks to a certain inequality of representation. I think it speaks to patronage, politics, and might argue that Taminy Hall has come to LaSalle County. I don’t know when it came, but I think that it might be argued, that spread is an indication of unfairness. It might result in lawsuits. It certainly documents unequal access of citizens to this county board. This is an expression of the power of the chairman of the board and it can be abused. Robert’s Rule of Order has a number of objectives and basically there are three. The first one is to let the majority rule, the second is to protect the minorities and the third is to assure equal participation of all the members. I advocate a salary to make all of you equal. I’m not going to argue that there’s merit. You all have said that on many occasions that you are not here for the money, perhaps that argument goes away. I think this will save money. Take the total budget. Ninety percent of it and divide by twenty-eight and use that as the annual salary, or take $5,000 and multiply that by twenty-eight for an annual fee or $140,000 cost. Put the mileage back in because at this time I think that mileage is warranted at the current phases. I ask you to make these changes now. The benefits of this will become apparent. There are indirect effects that I believe would follow from a salary system. There would be a more equal work load. There would be an incentive to develop talent by spreading it out amongst the various committees. There would be fewer committees. I would speak on that another time. And I suggest all of this leads to better government. I ask that you do it now ahead of the election. Other counties use such systems. I look to do a study that I might present to a major corporation on this issue and present that to the board at a later time.”

LaSalle County Board Minutes – September 12, 2005 RESOLUTION: #05-11 (#05-105) VARIANCE TO THE SUBDIVISION ORDINANCE A resolution was submitted granting a variance to the subdivision ordinance to allow Royce & Rosemary Beavers to split a 5.4 acre parcel with 282 feet of public road frontage into two parcels, one of 2 acres with 141 feet of public road frontage and a second parcel of 3.4 acres with 141 feet of public road frontage located in Deer Park Township, LaSalle County. Motion by Mr. Freeman to approve the resolution, second by Mr. McConville. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 154, PAGE 45-46 RESOLUTION: #05-12 (#05-106) VARIANCE TO THE SUBDIVISION ORDINANCE A resolution was submitted granting a variance to the subdivision ordinance to allow Dennis, Thomas & Gloria Offermann to split a + 8.99 acre parcel with 300.72 feet of public road frontage into two parcels, one of 4.47 acres with 150.36 feet of public road frontage and a second parcel of 4.52 acres with 150.36 feet of public road frontage located in Mission Township, LaSalle County. Motion by Mr. Treschak to approve the resolution, second by Mr. Foltynewicz. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 154, PAGE 47-48 RESOLUTION: #05-13 (#05-107) FINAL PLAT OF DRAKE LANDINGS SUBDIVISION A resolution was submitted accepting the final plat of Drake Landings Subdivision in Northville Township, LaSalle County. Motion by Mr. Walsh to approve the final plat, second by Mr. Foltynewicz. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 154, PAGE 49-50 RESOLUTION: #05-14 (#05-108) FINAL PLAT OF TERRA COTTA PHASE II SUBDIVISION A resolution was submitted accepting the final plat of Trails of Terra Cotta Phase II Subdivision in Wallace Township, LaSalle County.

LaSalle County Board Minutes – September 12, 2005 Motion by Mr. Landers to approve the final plat, second by Mr. Piecha. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 154, PAGE 51-52 ANNOUNCEMENT Mike Harsted, Environmental Services Director, announced that there will be a hazardous household waste collection in the parking lot of the Governmental Complex on Saturday, September 17th, 2005 from 8:00 a.m. until 3:30 p.m. PRESENTATION William Pfalzgraf, Director of Probation Services, presented the Probation & Court Services Financial and Statistical Report for the months of June, July and August, 2005. MOTION Motion by Mr. Boe to place on file the Probation & Court Services Financial and Statistical Report for the months of June, July and August, 2005, second by Mr. Small. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 154, PAGE 53 PRESENTATION Joanne White, Detention Home Director, presented the LaSalle County Detention Home Quarterly Report for the months of June, July and August, 2005. MOTION Motion by Mr. Jakupcak to place on file the LaSalle County Detention Home Quarterly Report for the months of June, July and August, 2005, second by Mr. Flanagan. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 154, PAGE 54 RESOLUTION: (#05-109) HEALTH INSURANCE ADMINISTRATOR A resolution was submitted stating that Blue Cross Blue Shield of Illinois be renewed as LaSalle County’s health insurance third party administrator at a cost of an annual aggregate stop loss premium of $36,980.00 plus a monthly individual stop loss fee of $29.83 per employee per month plus a monthly administration fee of $41.33 per employee for a period ending November 30, 2006. Motion by Mr. Derango to approve the resolution, second by Mr. Kaminky. Roll call vote; 28 ayes. Motion carried.

LaSalle County Board Minutes – September 12, 2005 SEE RECORD BOOK 154, PAGE 55-57 ORDINANCE: (#05-110) INCREASING LASALLE COUNTY DOG REGISTRATION FEE An ordinance was submitted stating that the registration fee for a 1 year rabies vaccination be raised from $8.00 to $9.00 and the 3 year rabies vaccination be raised from $21.00 to $24.00 effective December 1, 2005. Motion by Mr. Foltynewicz to approve the ordinance, second by Mr. Kaminky. Same roll call vote; Voice vote, 1 nay. Motion carried. SEE RECORD BOOK 154, PAGE 58-61 MOTION: EXECUTIVE SESSION Motion by Mr. Myers to go into executive session for the purpose of collective bargaining under 120/2-C.2 of the Illinois Open Meetings Act, second by Mr. Jordan. Roll call vote; 27 ayes, 1 absent. Motion carried. SEE RECORD BOOK 154, PAGE 62 Motion by Mr. Jakupcak to return to regular session, second by Mr. Panzica. Roll call vote; 28 ayes. Motion carried. SEE RECORD BOOK 154, PAGE 63 RESOLUTION: (#05-111) COLLECTIVE BARGAINING AGREEMENTS (AFSCME/NURSING HOME AND GENERAL, ELECTED PUBLIC OFFICIALS AND HIGHWAY) A resolution was submitted regarding the collective bargaining agreements between the County and the Union (Nursing Home and General Unit, Elected Public Officials Unit and Highway Unit) for three year terms commencing December 1, 2004. Motion by Mr. Savitch to approve the resolution, second by Mr. Landers. Roll call vote; 28 ayes. Motion carried. SEE RECORD BOOK 154, PAGE 64-67 RESOLUTION: (#05-112) WAGE INCREASE TO ALL NON-UNION EMPLOYEES A resolution was submitted granting a wage increase retroactive to December 1, 2004 for a term of three years for all non-union (exempt) county employees, with the express exception of

LaSalle County Board Minutes – September 12, 2005 county employees who salaries are set by independent boards, and any county employees whose salaries have previously been set by separate motion or resolution receive the following wage increases: a. Effective December 1, 2004 --- 3% b. Effective December 1, 2005 --- 3% or $0.40, whichever is greater c. Effective December 1, 2006 --- 3% Motion by Mr. Jakupcak to approve the resolution, second by Mr. William Johnson. Same roll call vote; 28 ayes. Motion carried. SEE RECORD BOOK 154, PAGE 68-69 COMMITTEE WORK MISCELLANEOUS The Quarterly Report for committee work miscellaneous was submitted in the total amount of $38,611.50. Motion by Mr. Foltynewicz to approve the quarterly report, second by Mr. Derango. Same roll call vote; 28 ayes. Motion carried. SEE RECORD BOOK 154, PAGE 70-101 APPOINTMENT: (#05-113) LASALLE COUNTY HOUSING AUTHORITY A resolution was submitted re-appointing Richard McConville to the LaSalle County Housing Authority Board with his term of office expiring June 30, 2010. Motion by Mr. Jordan to approve the re-appointment, second by Mr. Boe. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 154, PAGE 102 APPOINTMENT: (#05-114) LASALLE COUNTY ZONING COMMISSION A resolution was submitted stating that Glenn Garretson has resigned as a member of the LaSalle County Zoning Commission and whereas Don Kaminky has been appointed as a member of the LaSalle County Zoning Commission commencing from the date of this appointment. Motion by Mr. Stockley to approve the appointment, second by Mr. William Johnson. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 154, PAGE 103 At this time Chairman Dougherty appointed Mr. Kaminky as Chairman of the Zoning Commission and Planning Board and Mr. Stockley as Vice-Chairman.

LaSalle County Board Minutes – September 12, 2005 APPOINTMENT: (#05-115) SHERIDAN SANITARY DISTRICT A resolution was submitted appointing James Bristol as a Trustee of the Sheridan Sanitary District for a term of three years commencing immediately. Motion by Mr. Ronald Johnson to approve the appointment, second by Mr. Flanagan. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 154, PAGE 104-109 APPOINTMENT: (#05-116) BROOKFIELD-VIENNA DRAINAGE DISTRICT A resolution was submitted re-appointing Ronald Frye as a Commissioner of Brookfield- Vienna Drainage District for a three year term beginning September 1, 2005 and expiring August 31, 2008. Motion by Mr. Leininger to approve the re-appointment, second by Mr. Garretson. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 154, PAGE 110-114 COMMENT Gayle Thomas, Board Secretary, commented that her nephew who was in Iraq is now in Fort McCoy, Wisconsin and can be back in Ottawa, IL as early as Wednesday afternoon. There will an open house on September 25th, 2005 for anyone who would like to meet him. MISCELLANEOUS REPORTS & CORRESPONDENCE Correspondence from U.S. Senator Barack Obama regarding LaSalle County’s resolution supporting H.R. 995, the Combat Military Medically Retired Veteran’s Fairness Act was submitted. SEE RECORD BOOK 154, PAGE 115 Correspondence to the Illinois Dept. of Revenue regarding business address verification for tax allocation purposes was submitted. SEE RECORD BOOK 154, PAGE 116 A Public Notice from the I.E.P.A. of the proposed renewal of the federally enforceable state operating permit for PCS Phosphate Company in Marseilles was submitted. SEE RECORD BOOK 154, PAGE 117 Correspondence from the Federal Energy Regulatory Commission regarding Marseilles Hydro Power, LLC was submitted.

LaSalle County Board Minutes – September 12, 2005 SEE RECORD BOOK 154, PAGE 118 The Treasurer’s Investment Schedule dated August 30th, 2005 was submitted. SEE RECORD BOOK 154, PAGE 119 A thank you card from the family of Wesley Freebairn to the county board members for the beautiful bouquet was submitted. SEE RECORD BOOK 154, PAGE 120 Motion by Mr. Myers to place all on file, second by Mr. McConville. Voice vote, all ayes. Motion carried. ANNOUNCEMENT The Clerk announced that the newly designed LaSalle County flag (3’ X 5’) can be purchased at Illinois Office Supply located at 1119 LaSalle Street in Ottawa, IL for $45.00 each. COMMENT Mr. Leininger stated, “I notice State’s Attorney Joseph Hettel was in here and I was wondering if he was gong to speak to us about the elected chairman, per the conversation we had. I’ve got some questions I’d like to ask and I suppose he’s here to answer those.” Mr. Leininger questioned the Clerk, “When is the deadline to file for the county chairman to be elected at large?” The Clerk replied, “The only thing that I can say to you, is that the offices that are up for election in 2006, the petition circulation begins on September 20th, 2005 and the filing dates are December 12th through December 19th, 2005. In regard to your question as to how that applies to your county board chairman being elected at large, I would refer those questions to the State’s Attorney’s office.” At this time, Chairman Dougherty recognized Joseph Hettel, LaSalle County State’s Attorney. Mr. Hettel stated, “Mr. Leininger, I do have some of the answers to the questions that we had talked about last week regarding the elected countywide chairman. I think Mr. Leininger’s question is, first of all, can we proceed to put this on the ballot in 2006, if that is the intention of the board, and when would it have to be done and what are those deadlines for this particular issue? I think you are all aware of the referendum that was on the ballot of the vote by the members of the county, I think it was 71 to 29, regarding this issue. The question on that ballot was whether or not the citizens of LaSalle County should elect the County Board Chairman. That was subject to a question that was proposed to our office as to whether or

LaSalle County Board Minutes – September 12, 2005 not if that was a binding referendum or whether or not it was an advisory referendum. We sent that question to the Attorney General’s office and we eventually received an opinion on that.” At this time Mr. Hettel explained the hand out he gave to everyone including the media, regarding the directly elected county board chairman issue and also explained the difference between the two statutes regarding a binding referendum and an advisory referendum. Mr. Hettel stated, “The response was received in my office on January 27th, 2005 and that response was what I anticipated it to be. I came and spoke to this board on February 10th, 2005 at your regular scheduled meeting to talk to you about the opinion that we received, which was no it’s not binding. The plain language of the petition itself pretty much dictates how it should by interpreted and it falls under the county code and not under the election code, which provides for a binding referendum. If you recall, one of the things that I did urge you to do at that time was to address the issue and to move forward on the issue. To get this done and to get it on the ballot, there is one clear path that can be followed. It’s been followed by St. Clair County and also by Madison County. It was challenged when St. Clair did it back in the early 70’s. Our Supreme Court decided that the way that they did it was appropriate and the way that they did it could in fact cause it to be binding and allowed the county board to change the way that they elected their county board chairman. One specific question that was asked by the Legislative and Rules Committee was pursuant to Section 2 - 3007, which is also in the county code, on whether the board has the authority to declare the board chairman be elected by the voters at any time other than at reapportionment? In my opinion the answer to that question is no. The county board can not by it’s own resolution declare the county board chairman to be elected by the voters at any time other than at reapportionment or if a binding referendum passed. That’s a pretty common sense answer to this. 3007 states that it can only be done during reapportionment. Basically, it gives you the authority at reapportionment to do it without asking the voters. Madison County just recently did this. The county board itself voted to put the referendum on the ballot and did put it on the ballot. The particular question that they had asked the Attorney General in that circumstance is, ‘When can we put it on the ballot’? Their goal was to get it in the 2004 election. They were concerned that if they put in on a smaller election like the township official or school board election, would that be appropriate under the statute? The

LaSalle County Board Minutes – September 12, 2005 Attorney General answered that question by citing the statute itself in saying, it says regular election, it doesn’t say general election. So any regular election would accomplish that goal. If we could turn the clock back, we’ve had one regular election since the time that the Attorney General’s opinion came back and since the time of the referendum. The deadline for petitions for that election was January 31st, 2005 and we did not get the Attorney General’s opinion back until January 27th, 2005. So the window to put that on the ballot was very thin and the next board meeting was in February. I think proponents might be critical of the fact that it didn’t go on the ballot at that time, but I don’t think it was any delay occasioned by either the board or by my office or by the Attorney General for that matter. I think it was just the timing and the nature of the process.” At this time Mr. Hettel explained a little more about Madison County’s issue. Mr. Hettel stated, “We had a discussion about this and the question is, we already had a referendum, we already had enough signatures on the referendum, why can’t that referendum serve to give this board the authority to make that change right now in 2006? Why do we have to wait? The distinction is this. It’s a small one, but it’s a legal one. Because that referendum came out of the county code where they’re asking the people to give their advice, an advisory referendum, as opposed to coming out of election code, where it would be a binding referendum. That’s the simple difference. There’s a difference in the number of signatures that you would need. There’s 8% and 10%. So you can at least see that there is some small difference between the two. But when you look at it in the light of what the county board has to do, it seems a bit ridiculous that you guys could put it on as an advisory referendum and you guys could put it on as a binding referendum and they would have two distinct and different effects as far as the law goes. If this board were to have scheduled on their agenda and adopted a resolution that said that we want to do it in 2006, would that hold up? I don’t know. I’m sure there could be a theory to push that through the courts. You might not have a challenge at all. But if there was a challenge, I think there is a safer way to go and that is for this board to put this issue on the ballot. I know there are some people that are in favor of that and there are some people that are adamantly opposed to that. But for those of you who are opposed, I would suggest that’s not the proper route for us to go down. I think that obviously the people have given their opinion on this matter and I think that opinion should be respected. For those people who are proponents of this,

LaSalle County Board Minutes – September 12, 2005 to force them to go out and put together the necessary signatures to have a binding referendum, I think it would show some disrespect to the voters in the last referendum and I think it also would only serve to galvanize the support for something that the board did not necessarily have support for before. I wish I would have been a little bit more specific when I spoke with you back on February 10th, 2005, but I don’t think that we have missed any opportunity because we couldn’t have done it at that point in time. We could not have put it on the ballot and had it approved in that short amount of time, but I think it’s a direction we should be heading in. It’s a legislative function. It’s not my decision. My personal opinions don’t matter. And as I explain to people often, I represent you all and the other elected officials in this county and it’s not for me to go out and develop my ideas in popular opinion and run with those. My job is to represent you and to give you council and guidance on these issues.” Mr. Gruenwald stated, “Just to reiterate what you just said, on May 18th, 2005 at open session with the press present, the Rules Committee reached two opinions brought by the board’s legal council and one by the University of Illinois Law Professor, Laurie Reynolds that quote, ‘The county board can not by it’s own resolution declare that the county board chairman be elected by the board at any time other than reapportionment or if a binding referendum is passed’. So the same information that you just covered has been out since May 18th, 2005.” Mr. Hettel replied, “I agree with that and I think it’s important that I clarify that a little bit more. The board has the ability to put a binding referendum on. Once that’s done then they have the ability to do it. I think it’s been tossed around a lot that we can’t do it until reapportionment. That’s not the case. At reapportionment you can do it, you wouldn’t have to ask anyone about it. But before reapportionment it can be done also.” Mr. Leininger stated, “We just can’t ignore this any longer. I don’t think we should. I left a resolution in the chairman’s office last week to put on the agenda this week, but it was not on the agenda to do this. I just don’t know how long this board is going to delay this. It went to the Rules Committee I understand, and it’s been lying around there. It’s my understanding that it wasn’t even on the agenda for the Legislative Rules Committee last time. We’ve got to do something.” Mr. Piecha stated, “I believe this issue, like any other issue that comes before this board, should go to committee and a committee recommendation. That is the procedure.”

LaSalle County Board Minutes – September 12, 2005 Mr. Leininger replied, “We talk about going through committee, but is there somewhere in our rules where resolutions must go through committee? I haven’t been able to find it.” Troy Holland, County Attorney, replied, “It’s probably subject to interpretation, but Section A of the rules is, all resolutions will report to committees shall be in writing dated and signed by the majority of committee members. That’s been the procedure.” Mr. Hettel stated, “You need some time to make some decisions on what authority this chairman is going to have and how things are going to move up before the board for votes. All those issues that are a part of governance need to be decided. And to touch on that issue is a committee form just like it is in Springfield. If you want to kill something, you kill it in committee so it doesn’t get to the floor. That’s how it operates in many committees.” Mr. Boe questioned, “In order to get this on the 2006 election, we would have to take action today?” Mr. Hettel replied, “What I’m saying is that, first of all, that wouldn’t be the appropriate way to go forward because it would be challenged. I think we would have a difficult time defending it.” The Clerk stated, “The last day for a governing board to adopt a resolution and place a binding question on the March primary ballot is January 17th, 2006 and for petitioners to put it on is January 3rd, 2005.” Mr. Gruenwald questioned, “Are you saying that the general primary election will qualify for this?” Mr. Hettel replied, “Yes.” Mr. Gruenwald questioned, “But the actual election for a board chairman can not take place until 2008?” Mr. Hettel replied, “I think that would be the most proven course to take, yes.” Mr. Gruenwald questioned, “How would you then nominate if you’re putting the question on the primary to be passed? How can you have a candidate from each political party in November because your primary election is already passed? So, 2008 would have to be the first time you could vote on it?” Mr. Hettel replied, “Right, unless action would have been taken back when the regular election took place in April.”

LaSalle County Board Minutes – September 12, 2005 Mr. Flanagan questioned, “So then it doesn’t make any difference whether it’s on a primary election or next fall’s election? It’s going to be 2008?” Mr. Hettel replied, “I can tell you that if you want the question framed the way you want it framed, I’d be taking some action before somebody else did, because there’s certainly support out there for it and I’m sure that if those people don’t see action coming from this board they are going to go out and take that action.” Mr. Flanagan questioned, “It (electing a chairman at large) couldn’t be on the ballot any sooner could it?” Mr. Hettel replied, “I don’t believe that the election could come forward any sooner. I think the first date that this could take place would be in 2008.” ------Motion by Mr. Derango to recess to October 13th, 2005 at 1:00 p.m. at the Governmental Complex in Room 250, second by Mr. Savitch. Voice vote, all ayes. Motion carried. CHAIRMAN DOUGHERTY DECLARED THE MEETING RECESSED TO OCTOBER 13TH, 2005

LaSalle County Board Minutes – September 12, 2005

STATE OF ILLINOIS ) COUNTY OF LASALLE ) The LaSalle County Board met pursuant to recess at the Governmental Complex, Ottawa, Illinois, on the second Thursday of October, A.D., 2005 it being the 13th day thereof. This is the second meeting of our September 2005 Session. Chairman Dougherty called the meeting to order at 1:03 P.M. Chairman Dougherty asked the Clerk to call the roll for mileage & per diem. PRESENT: 27 Members ABSENT: Mr. McConville, Mr. Rigby There were 25 ayes claiming mileage. Motion by Mr. Foltynewicz to approve the roll call for mileage & per diem, second by Mr. Myers. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 155, PAGE 1 Chairman Dougherty called for any additions or corrections to the August 11th, 2005 minutes. Motion by Mr. Jakupcak to approve the August 11th, 2005 minutes as presented, second by Mr. Flanagan. Voice vote, all ayes. Motion carried. Chairman Dougherty called for any additions or corrections to the August 17th, 2005 minutes (reconvened session of the August 11th, 2005 session). Motion by Mr. Derango to approve the August 17th, 2005 minutes as presented, second by Mr. Kaminky. Voice vote, all ayes. Motion carried. Chairman Dougherty called for any additions or corrections to the September 12th, 2005 minutes. Motion by Mr. Treschak to approve the September 12th, 2005 minutes as presented, second by Mr. Landers. Voice vote, all ayes. Motion carried. STUDENT EXCELLENCE AWARD Mr. William Novotney, Supt. of Schools, introduced the students who were awarded the Student Excellence Awards; from Deer Park School, Cody Smith and from Serena Grade School, Trevor Milam.

LaSalle County Board Minutes – October 13, 2005 Both students were presented with an award plaque from Chairman Dougherty and applauded by the Board. STUDENT GOVERNMENT DAY Mr. Richard Myers, Asst. Supt. of Schools, introduced those students participating in the 23rd Annual Student Government Day. The Elected Officials and their represented students from Mendota High School were Auditor Jody Wilkinson and Andrew Dean, Circuit Clerk Joseph Carey and Jacob Holzman, Coroner Jody Bernard and Jenna Bodmer, County Clerk Mary Jane Wilkinson and Ellyn Gilmore, Recorder of Deeds Tom Lyons and Brooke LaShonse, Regional Superintendent William Novotney and Kelsey Maas, Sheriff Tom Templeton and Nick Letterly, State’s Attorney Joe Hettel, Jr. and Jack Caruso, Treasurer Don Lamps and Meghan Morris. The Board Members and districts, Representing Students and Schools are as follows; (District 1) Daniel Flanagan with Stephanie Schumacher of Mendota High School (District 2) Joseph McConville (absent) with Will Setchell of Mendota High School (District 3) Kenneth Stockley with Kurt Mattson of Earlville High School (District 4) Ronald Johnson with Alyx Gunderson of Leland High School (District 5) Allen Erbrederis with Jordan Johnson of Earlville High School (District 6) Don Kaminky with Mark Smith of Serena High School (District 7) Gary Small with Quinn Myers (absent) of Ottawa High School (District 8) Marius Derango with Jake Kowalczyk of LaSalle-Peru High School (District 9) William Johnson with Amelia Schwingle of LaSalle-Peru High School (District 10) Arthur Rigby, Jr. (absent) with Lindsey Olivero of LaSalle-Peru High School (District 11) Joseph Savitch with Ben Wolf of LaSalle-Peru High School (District 12) George Gruenwald with Hannah Marincic of LaSalle-Peru High School (District 13) Joseph Panzica with Ashley Gedraitis of LaSalle-Peru High School (District 14) Al Piecha with Justin Jacobson of LaSalle-Peru High School (District 15) Russell Boe with Eric Haugel of LaSalle-Peru High School (District 16) Glen “Joe” Dougherty with Cassi Valdez of Ottawa High School (District 17) Richard Foltynewicz with Joe Kimes of Ottawa High School (District 18) Tom Walsh with Nick Wrangler of Ottawa High School (District 19) Jerry Hicks with Sarah Hicks of Ottawa High School

LaSalle County Board Minutes – October 13, 2005 (District 20) Vincent Grober with Lindsey Zidek of Seneca High School (District 21) Randy Freeman with Mike Holland of LaSalle-Peru High School (District 22) Michael Hall with Lisa Gillette of Ottawa High School (District 23) Dale Landers with Courtney Anderson of Ottawa High School (District 24) Jack Leininger with Nick Najdonovich of Marquette High School (District 25) Jerry Myers with Luke Ricca of Streator High School (District 26) Melvin Treschak with Brian Missell of Streator High School (District 27) Donald Jordan with Andrea Slusarski of Streator High School (District 28) Robert Jakupcak with Tom Salata of Streator High School (District 29) Glenn Garretson with Michael Wright of Streator High School CITIZEN COMMENT Stephen Carlson, resident of Mendota stated, “There are two referenda items that will be approved by resolution on the agenda today. I want to comment on some of the recent and also some potential agenda topics that might arise in the future. I will speak on referenda in general today, but also devote a very few words on sales tax and the other referenda item on the direct election of the county board chairman in passing. I will also suggest a referenda question for the 2006 General Election.” I begin with the premise that not everyone will accept, and that is, referenda serve a purpose. And it has one corollary that follows very easily. That’s true. There are no bad referenda. There may be poorly worded referenda and there may be poorly timed referenda, but all referenda serve a purpose. And that purpose is good government.” At this time Mr. Carlson explained that on the state board of elections website there are four types of referenda that may be held and there are thirty-five categories. Mr. Carlson further stated, “These are all allowed by law. Often times they are required, however some are only advisory. An advisory referenda should be listened to and not dismissed. The people speak in some form or other. The ones that are not advisory are binding. And they must be acted upon.” Mr. Carlson continued to explain the four types of referenda. Mr. Carlson also stated, “Referenda do serve a purpose. Both to authorize governmental action and to control the workings of government to benefit the people, and also to advise government of the wishes of the people. The corollary is obvious of the premise, but some are

LaSalle County Board Minutes – October 13, 2005 poorly worded. Arguably, the 2001 zoning referenda was perhaps poorly worded. Arguably, the 2004 direct election of the chairmanship referenda at the last general election was poorly worded. Some are poorly timed. It’s easy to see how this might be. There might be a low turn out or a special interest that is involved in that specific issue at that time by placing it on the ballot at that time they have some control. This is an argument made by many member of the county board against the 2001 zoning referenda. The purpose of referenda is to protect the public interest. It’s to educate the people by getting it out and putting it to the people. The people have to understand it. And it’s to build census of all the people as we go ahead with controversial issues. I simply ask this county board to take the high road in regard to referenda. I’d like to move on to a particular referenda that’s new to this area. Actually, it is not new it was on the ballots in November of 1997. I just came back to the county and was not a registered voter. I was surprised there was a November election when I went to get the results of that election, because we don’t have those elections anymore. It was called a nonpartisan election that elected school board officials. Very restricted participation. That referenda item was on a topic known as PTELL (Property Tax Extension Limitation Law). Many people refer to it as tax caps. That was defeated by 6,400 votes to 10,100. Approximately 62% of the people were in opposition. But that was a very restricted election. We only had about 17,000 people participate, out of over 70,000 registered voters in this county. It’s questionable how that should be interpreted. And on that basis, I think it’s time again to revisit this issue. I have three reasons why I think this is a timely matter. First, this county is experiencing and anticipating great growth. Pressure from the suburbs coming out. You may see some influence of that in your schools. This is evidence also in a recent article on home sale prices in Ottawa and others throughout the county. I wish to remind the board members that PTELL originated in the collar counties around Chicago because of their growing tax burdens. That’s spreading out here. Maybe we should get ahead of the curve and look to address this. Second, the county the last two years has increased its levy in excess of 105%. I would ask that the board put the PTELL issue on the ballot for the general election in 2006, not the primary. I would also ask that the chairmanship issue be put on the ballot for the general election, because it is an issue of importance to all. So that it’s not manipulated by primary and a small interest group. I had a few more things to say, but I look to conclude in a timely manner.”

LaSalle County Board Minutes – October 13, 2005 RESOLUTION: #05-18 (#05-117) COUNTY HIGHWAY A resolution was submitted appropriating an additional $78,000.00 Motor Fuel Tax funds for the widening and resurfacing and intersection improvements of Section 05-00078-01-WR (County Highway 5, Kinsman Mile, from Illinois Route 170 to the county line). Motion by Mr. Flanagan to approve the resolution, second by Mr. Landers. Roll call vote; 26 ayes, 2 absent. Motion carried. SEE RECORD BOOK 155, PAGE 2-4 COMMENT Chairman Dougherty commented that the next item (Motion Reduction of Letter of Credit for Saddlewood Estates Phase IV) has been removed from the agenda. MOTION Mr. Stockley stated, “In a board meeting in 1998 I made a motion to this board to table a so called resolution that we are looking at today. That was defeated. So today I move to rescind the resolution adopted August 13, 1998 by the LaSalle County Board, regarding regulation of livestock farms of 500 animal units or more, second by Mr. Kaminky. Mr. Piecha stated, “This resolution came before us in the year 1998 and that resolution was full of emotion. There was a mega hog farm that was being developed in the southern part of our county. A lot of citizens on that end of the county felt that it wasn’t needed and they were very concerned about the environmental impact it would have on our environment. Being that LaSalle County Board has no jurisdiction over issues such as this, mega hog farms are regulated by the Department of Agriculture and by the Illinois E.P.A. This county board has no control over it and I certainly would like to see the resolution get rescinded.” Mr. Stockley explained, “Livestock farms are controlled now by the Livestock Management Facilities Act, which is far more restricted than what this resolution was then passed. It is controlled by Federal and State regulations.” Mr. Piecha stated, “I’d like to point out that when this resolution was adopted back in 1998, it was a very close vote. It was 14 to 12 with two absent. It was well debated on the floor.” Chairman Dougherty explained that a yes vote rescinds the motion and a nay vote would keep it on the books. Chairman Dougherty called for a roll call vote; 26 ayes, 2 absent. Motion carried.

LaSalle County Board Minutes – October 13, 2005 SEE RECORD BOOK 155, PAGE 5 RESOLUTION: (#05-118) AMENDING TRAIL TAG FEE FOR CATLIN PARK A resolution was submitted to amend the Trail Tag Fee Schedule at Catlin Park by adopting the fee schedule attached hereto and incorporated herein as Exhibit “A” for purposes of maintaining trails in Catlin Park. 1. Seasonal Fee: $10.00 2. Daily Fee: $2.00 per unit (Equines or Bike) LIMIT 2 PER PERSON PER YEAR. 3. Daily Family Fee: Daily $10.00 up to six (6) units LIMIT 2 PER FAMILY PER YEAR. 4. Seasonal Family Fee: $20.00 up to six (6) units. 5. Exempt Organizations: a. 4-H Clubs b. Scout Groups c. Equine Welfare Fund Raising Events d. Equine Search and Rescue Training e. LaSalle County Based Chartered Saddle Club Rides (one per club a year)

Daily Fees can be turned in for a seasonal tag with credit given for daily fee purchase. i.e. $2.00 daily fee plus $8.00 will buy seasonal tag. (Within the same season i.e. 2005 daily tag for a 2005 seasonal tag.) Family Fee daily fee of $10.00 turned in for Seasonal Family Fee plus $10.00 will purchase Seasonal Family Fee (6 units). (Same restriction as daily fee above.)

All exempt groups must provide their own identification tags or methods of identifying participants in their activity with approval of park staff.

Note: No one shall pay more than $10.00 per season for trail use activities. Motion by Mr. Foltynewicz to approve the resolution, second by Mr. Kaminky.

LaSalle County Board Minutes – October 13, 2005 Mr. Terry McCormick, Park Manager, addressed the board regarding the Trail Tag Fee Schedule. Mr. Stockley stated, “This is only really involving Catlin Park because Catlin Park has the trails. It doesn’t affect Shabbona Park.” Mr. Foltynewicz questioned, “Would you inform the board of the closing date for the season?” Mr. McCormick replied, “The closing date for the season is October 31st, 2005.” Chairman Dougherty called for same roll vote; 26 ayes, 2 absent. Motion carried. SEE RECORD BOOK 155, PAGE 6-8 RESOLUTION: (#05-119) TO STATE BOARD OF ELECTIONS TO APPLY FOR FEDERAL GRANT MONEY FOR DRE VOTING MACHINES AS REQUIRED BY HAVA A resolution was submitted to the State Board of Elections to apply for federal grant money for DRE machines as required by HAVA. Motion by Mr. William Johnson to approve the resolution, second by Mr. Myers. Mary Jane Wilkinson, County Clerk, addressed the board stating, “It’s just a follow up to the optical scan voting system that we implemented in 2004. At that time, we had to have a resolution that came before this board that stated that they would use the monies just for that purpose. This is a similar resolution to that because beginning in January of next year we have to meet the ADA requirements of HAVA, which is requirements to purchase the DRE machines that will be accessible for individuals with disabilities such as blindness so they’ll be able to vote independently in secret.” Mr. Foltynewicz questioned, “Can’t some of these students here today become election judges?” Mary Jane Wilkinson, Clerk, replied, “Yes, but there are requirements that must be met. First of all, their school district must approve their participation in our election judge program. The superintendent must sign off as well as their parents. They must be either a junior or senior in high school and must have attained a 3.5 grade point average. And the big thing is that their school must be willing to participate in our program. Prior to every election we send a notification out to each high school in the county informing them of the program. It’s up to them as to whether or not they participate.”

LaSalle County Board Minutes – October 13, 2005 Chairman Dougherty called for a voice vote; all ayes. Motion carried. SEE RECORD BOOK 155, PAGE 9-16 RESOLUTION: (#05-120) AGREEMENT WITH COUNTY MEDICAL ADVISOR FOR NURSING HOME AND PHYSICALS A resolution was submitted stating that LaSalle County enter the Agreement with Dr. Alex B. Bernal attached hereto and incorporated herein as Exhibit “A” at a cost of $10,000.00 to act as Medical Advisor to the LaSalle County Nursing Home and $35.00 per pre-employment physicals for all prospective County employees for a term beginning December 1, 2005 and expiring November 30, 2006 and that the LaSalle County Board Chairman is authorized to execute said agreement. Motion by Mr. Derango to approve the resolution, second by Mr. Hicks. MOTION TO AMEND Mr. Small stated, “As Chairman of the Nursing Home Committee, the state and federal government keep changing regulations for the nursing home. I would like to add under ‘j) any regulations mandated by state and federal government‘ to paragraph #10, second by Mr. Myers. Mr. Piecha stated, “I see no need for the amendment, being that we are governed by the state and the federal regulations. I don’t think it has to be in the agreement.” Mr. Derango stated, “It doesn’t hurt to be too safe. Since we’re self insured, let’s get it in there. I’m sure Dr. Bernal would be very willing that he’d be qualified.” Mr. Ronald Johnson questioned, “Doesn’t there have to be a ‘to comply with’ or something like that?” Troy Holland, County Attorney replied, “To meet and comply with any regulations mandated by the state and federal government.” Mr. Piecha stated, “I serve on the Nursing Home Committee and this amendment was never discussed in committee. I don’t know where it came from and I really don’t know what the state and federal mandates are as far as the position is concerned. What are we talking about here? It should have been discussed in committee so everybody was fully aware of the amendment.” Mr. Small replied, “The Committee wasn’t aware that this was coming to the county board this month so I took it upon myself to add this language. Seeing that LaSalle County is self insured now, we don’t need any law suits.”

LaSalle County Board Minutes – October 13, 2005 Mr. Hall questioned, “Do you have anything in there like an escape clause.” Mr. Holland replied, “There’s a paragraph about professional standards, but the nursing home is a unique facility and it’s governed by state agencies quite rigorously as we all know. This is just to ensure that that doctor meets the qualifications that they’re suppose to meet.” Chairman Dougherty asked the Clerk to read the amendment. Mrs. Wilkinson, County Clerk, replied, “As paragraph j) under number ten (#10) we are going to add ‘to meet and comply with regulations mandated by the state and federal governments’. Chairman Dougherty called for a voice vote on the amendment; all ayes, 1 nay. Motion carried. Chairman Dougherty called for a voice vote on the amended resolution; all ayes, 1 pass. Motion carried. SEE RECORD BOOK 155, PAGE 17-21 RESOLUTION: (#05-121) CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT(COBRA) HEALTH INSURANCE RATES A resolution was submitted stating that beginning December 1, 2005 pursuant with the provisions of COBRA LaSalle County will charge employees whose employment with LaSalle County has terminated an amount equal to 102% of the current monthly health insurance premium in effect at the time of termination of employment with LaSalle County for health insurance subsequent to termination and that this resolution shall supercede all preexisting resolutions pertaining to COBRA coverage. Motion by Mr. Derango to approve the resolution, second by Mr. Kaminky. Mr. Freeman questioned, “How many are taking advantage of this offer?” Mr. Derango replied, “We are down to three right now, but there were six”. Chairman Dougherty called for a voice vote; all ayes. Motion carried. SEE RECORD BOOK 155, PAGE 22-23

LaSalle County Board Minutes – October 13, 2005 RESOLUTION: (#05-122) DOUBLE BUNKING CONTRACT AT LASALLE COUNTY JAIL A resolution was submitted stating that the LaSalle County Board finds the situation for double bunking in the County jail was an emergency and that LaSalle County confirms and ratifies the contract with Wold for double bunking the County jail with the costs of 27 beds being $22,600. Motion by Mr. Landers to approve the resolution, second by Mr. Gruenwald. Mr. Landers stated, “The jail is just about full and we were kind of at an emergency crisis. We hoped that our population will pop down a little bit in the winter time. To put it point blank to you, heroine is killing us, not only in the budget wise, but young people and middle aged people. It’s really unbelievable how much is in our county and in our vicinity. This is the reason why we had to go to double bunking because we have a lot of segregation in the jail. We have to have certain people be with certain people. You can’t just throw somebody into a certain ward.” Chairman Dougherty stated, “I was there at that meeting too and the Sheriff was there. They talked about splitting the cost. $9,000.00 this time and the rest next time, because we can’t go over $10,000.00 without contract bidding. He expressed his concern about disrupting the operation of the jail and that’s why we declared it an emergency and went forward with it. I don’t see how anyone could argue that fact.” Mr. Jakupcak stated, “The Sheriff was confused on that. We did that in an emergency situation and they were given the approval that day to go ahead and order the bunks. As of the 30th of last month at our sheriff’s meeting, the sheriff hadn’t ordered them because he thought he had to wait until the county board meeting. I as Chairman of that committee told him to just go ahead and get it done and put it on the emergency situation. There might have been a delay of him ordering it. I’m not sure.” Mr. Panzica stated, “One of the other things that they have to take into account here is if we get over booked and we have to send a prisoner to another county. We are going to have to pay for the room and board plus the people to transport them back and forth and back for court dates etc. etc. So there is a need to get this done in order for there to be some savings. At one of our areas as we are going to talk about later on about the safety tax, that whole wing because of crime and etc., the cost is just going out of sight and more demand on our system.”

LaSalle County Board Minutes – October 13, 2005 Mr. Erbrederis stated, “The price that was quoted by Wold is extremely lower than the original proposal because a lot of the work is being done in house and only the mandatory welding that is required by the Illinois Dept. of Prisons is the work that is being done by the outside contractor.” Chairman Dougherty called for a voice vote; all ayes. Motion carried. SEE RECORD BOOK 155, PAGE 24-25 RESOLUTION: (#05-123) LASALLE COUNTY VETERANS’ SERVICE OFFICER A resolution was submitted stating that the LaSalle County Veterans Assistance Office and its Superintendent shall de designated as the LaSalle County Veterans’ Service Officer for the purpose of 55 ILCS 5/3-5015. Motion by Mr. Gruenwald to approve the resolution, second by Mr. Myers. Mr. Leininger questioned, “Could somebody explain exactly why we are doing this? And to clarify if it involves Mr. Martin Rue, or does it involve that Superintendent of whomever it might be?” Mrs. Wilkinson, Clerk, replied, “I can explain your first question. As a member of the Legislative Committee for the County Clerks and Recorders, the statute that he is referring to was for protection of veteran’s because your DD214 has your social security number on it. So, the Recorders wanted to protect that information and not just release a DD214 to anyone who would then have access to your social security number.” Mr. Holland stated. “The wording of the statute indicated a Veterans’ Service Officer, which wasn’t necessarily the same thing as what Mr. Rue does in that office. I think that’s probably what the intent was, but they didn’t clarify it so for the purpose of this statute only, of trying to appoint that office gives them the ability to get those records.” Mr. Leininger questioned, “It’s the office you’re appointing, not the individual?” When Mr. Rue retires, we won’t have to do this again, right?” Mr. Holland replied, “Right.” Chairman Dougherty called for a voice vote, all ayes. Motion carried. SEE RECORD BOOK 155, PAGE 26-27

LaSalle County Board Minutes – October 13, 2005 RESOLUTION: (#05-124) REFERENDUM ON THE QUESTION OF WHETHER THE COUNTY OF LASALLE SHALL IMPOSE AN ADDITIONAL SPECIAL COUNTY RETAILERS’ OCCUPATION TAX FOR PUBLIC SAFETY A resolution was submitted calling for a March 2006 referendum on the question of whether the County of LaSalle shall impose an additional special county retailers’ occupation tax for public safety. Motion by Mr. Jordan to approve the resolution, second by Mr. Panzica. Chairman Dougherty stated, “This is the ¼ percent that’s been talked about to go on the ballot in March 2006. And it wouldn’t hurt to remind people that it does not include, correct me if I’m wrong Mr. Holland, automobiles, prescription drugs, and groceries at the store. If you go out for a meal you pay the tax.” Mr. Holland replied, “I don’t know about automobiles, but farm equipment does not pay sales tax.” Mr. Leininger stated, “Just for clarification, I had a couple of people ask me about this. A ¼ percent and a ½ percent was talked about at one time. What is the ¼ percent anticipated to do opposed to a ½ percent sales tax?” Chairman Dougherty replied, “A ¼ percent will probably return to the county over $2 million dollars a year, and a ½ percent would return the county over $4 million dollars a year.” Mr. Leininger stated, “The people I’ve talked to about this, it seems like that if it was a ½ percent, they were going to vote for it. You are talking about a difference between $2 million dollars. I just question why is it not a ½ percent as to a ¼ percent?” Chairman Dougherty replied, “Well, I really feel that it would be a lot easier to get a ¼ percent than a ½ percent. That’s just my personal opinion. There’s already a ¼ percent on there right now. If we ask for a ½ percent we’re going to look awful hungry and they’re going to say well, the more money they get up there the more they’re going to spend. That’s always been the case. $2 million dollars will help tremendously especially in our Sheriff’s Department, State’s Attorney’s Office and Probation Department. The jail is full. He needs new cars. I don’t know if he’s going to get them. $2 million dollars will go a long way and that’s a lot of money.”

LaSalle County Board Minutes – October 13, 2005 Mr. Leininger stated, “I agree with that, but back in 1999 the ½ percent was discussed and then they went to a ¼ percent knowing that the ¼ percent wasn’t going to fund the jail totally. It was only going to fund for the building of the jail. It wasn’t going to fund for the additional expenses. Why you are staying low I totally agree. But, you see this daily on how much we’re spending in the jail and what it’s costing. How soon are we going to be back for the next ¼ percent, or are these residents going to get it on their county tax bill where the property owner is going to bear it and only 20% comes out of LaSalle County as opposed to, 30% or whatever, sales tax dollars comes out of somebody outside of the county? To me a ½ percent or a ¼ percent is not the difference of this issue. It’s how much do we need. We’ve got two options. Either to get the money and run it, or you’re going to have to do what you eluded to in the past if we don’t get the money needed.” Chairman Dougherty replied, “We can use all we can get, but we can’t ask for 1/8 or 3/8. It’s got to be in ¼ increments.” Mr. Leininger stated, “I understand. I don’t know what any of the other board members have heard from their constituents, but the people I’ve talked to said that they would vote for a sales tax increase. If they said yes I asked them, would you vote for a ½ percent as to a ¼ percent? I think to every person I asked, I think they all said yes I’d vote for a ½ percent because the last ¼ percent I haven’t felt, but I sure felt it when it went up on our home. That’s my point. I don’t think we should be afraid of a ½ percent if we feel that’s what we are going to have to have, and we level with the people and show them were the money is going.” Mr. Panzica stated, “If you remember in the last election, we asked for ½ percent and I supported that whole heartedly. The property owner now is paying for everything. The renter doesn’t pay for it. The tourists coming in don’t pay for it. Mr. Gruenwald did a real nice job explaining the budget on where our money is going. The judicial end, as the Chairman just said, is where our monies is going. And we are sticking that bill on top of the property tax owner. We tried the ½ percent and due to miscommunication, or whatever it was, I couldn’t believe people would say, no I’d rather pay more for my property tax. Well, right now we are not going to raise property taxes. We are going to try not to. So that leaves us just one option. Cut services. If money would come in from that tax it would relieve the general fund. That’s what we need to do. A third of this money would come from people coming in the area. If you don’t think that we are becoming a meca of tourism, stand down on the corner in Utica and see the people going

LaSalle County Board Minutes – October 13, 2005 through. We are becoming a meca of tourism and have people coming out of the area. In the arguments that you hear that people won’t pay for that on their sales tax, it doesn’t stop people from shopping in any of the malls around us. If you go look in any of the other counties, they put theirs at a full percent. Diligent LaSalle County only put in ¼ percent and tried to get by reasonable for its people. I think we need the ½ percent. I agree. But people don’t want to give it. That’s the shame of it. We did ask the people in the last election. I went on the radio and supported this. I see a lot of people in this room that didn’t support it, but right now we are not going to have the money to run off the poor taxpayer, the property owner. So we are going to have to make some cuts unless we get this.” Mr. Gruenwald stated, “We discussed this ¼ percent or ½ percent excessively in committee and the decision that we came up with, was first of all, to get this to the board floor and if the board so felt that we needed the ½ percent rather than the ¼ percent, it could be amended here. We thought $2 million dollars was better than a poke in the eye with a sheriff’s stick. It was for that reason that we brought it up at ¼ percent, but we also talked about this may be amended on the board floor to ½ percent or sent back to committee and let us bring it up ½ percent.” At this time there was more discussion that followed by several board members. MOTION TO AMEND Motion by Mr. Leininger to amend the resolution from ¼ percent to ½ percent, second by Mr. Freeman. Chairman Dougherty called for a roll call vote; 4 ayes, 22 nays. Motion defeated. SEE RECORD BOOK 155, PAGE 28 Chairman Dougherty called for a voice vote on resolution as presented; all ayes. Motion carried. SEE RECORD BOOK 155, PAGE 29-31 RESOLUTION: (#05-125) PLACING PUBLIC QUESTION OF LASALLE COUNTY BOARD ELECTED CHAIRMAN ON BALLOT A resolution was submitted stating that LaSalle County acting by and through the LaSalle County Board does hereby submit the following public question to the LaSalle County Clerk, instructing her to submit said question to the voters of LaSalle County at the March 21, 2006 General Primary Election:

LaSalle County Board Minutes – October 13, 2005 “Shall LaSalle County establish a new countywide elected office holder of County Board Chairman to be elected at-large by the voters for a four-year term of office commencing the third Monday in December, 2008 and not require that office holder to be a member of the LaSalle County Board.” Motion by Mr. Small to approve the resolution, second by Mr. Myers. Mr. Piecha stated, “We have a resolution we acted upon this afternoon. A resolution that is a spin off from a petition drive that took place here last year. The petition drive was done through an organization in the county. I certainly can not support a resolution that will act as a vendetta for board chairman. If this resolution is adopted by the board and sent to the voters and the voters are approving, then I think we’re heading for some gridlock here on the county board. It’s a possibility that we’ll end up with a thirty member board and no tie breaker. The cost of the chairman certainly hasn’t been discussed. The system we have here in the county works in the United States Congress, United States Senate, and here in the State of Illinois. The majority party selects a chairman. The chairman of this board will not be here forever. The members of this board will not be here forever, but if this resolution is adopted by the board and approved by the voters, it’ll be here forever. The minority party on this board sooner or later will become the majority and will never have the privilege of electing a board chairman that’s familiar with county government. I certainly can’t support this resolution, Mr. Chairman. I’m going vote no on it. I’ll do my best to make sure the voters in my district vote the same way.“ Mr. Gruenwald stated, “Gentlemen of the board, every so often an elected body is asked to do something for the sake of doing something. Today is one of those days. As elected representatives of the people, we are given the task of making decisions on the basis of facts and not on the basis of emotion. On the basis of fact, we know that by electing a board chairman at- large we are adding a new elected office at an increased cost to taxpayers. On the basis of fact, we know that we are introducing partisan politics and potential gridlock to this board. On the basis of fact, we know that under a new system the board chair may not be held by the most qualified person, but by the person with the ability to gather the most votes. And on the basis of fact, we know that the question before us today is not based on good government but is based on the politics of vendetta. We all know the history of this vendetta and we all know this to be our punishment. For these reasons in fact, I can not in good conscience support this resolution. For these reasons in fact, I can not support this resolution because of emotion and for the reasons of

LaSalle County Board Minutes – October 13, 2005 doing something just for the sake of doing something. I can not support this resolution. Gentlemen, if it isn’t broke don’t fix it.” Mr. Ronald Johnson stated, “I echo every word Mr. Gruenwald just said and I’m totally against this resolution.” Mr. Freeman stated, “I guess I can’t support this resolution for a different reason than the other two people, and that is the way it is worded. I don’t believe Madison County worded forming a new office holder. I think the people have a right to vote in their chairman at-large. I don’t know where this new office holder is coming from? I don’t think that’s necessary. I think it’s confusing and I think it’s meant to discourage people from supporting this and I’d like to know why it’s necessary since several other counties that passed the same thing and did not put, new countywide elected office holder, in that put to the voters.” Mr. William Johnson stated, “Words are very important. People should understand precisely what they are voting for. My question is, does the wording of this, and I believe it does, reflect the reality? Yes. It is a chairman at-large, but it is a new elected countywide office holder. There will be twenty-nine board members plus, if passed, a new elected countywide office holder. I think the public should be aware of the reality of the situation. Ask any attorney how important words are, definitions.” Chairman Dougherty stated, “Really I think you guys are conceding defeat. Why can’t we go out there and beat this thing if you’re so adamant in being against it? That’s where you beat it. You go out and talk to your constituents and tell them to vote against it. We have to put this on the ballot. And I’m in favor of putting it on the ballot, but let’s work and beat it and keep our system intact what we have now. If we get out and work and explain to the people what this is going to entail, an educated voter is a good voter. But if you keep them in the dark they’re going to listen to anybody, so let’s work. Let’s pass this resolution and start working to defeat it.” Mr. Leininger stated, “I totally agree with you Mr. Chairman. I think what you said is very, very true. However, the one disagreement I have with the resolution is, it’s on the March primary and I think we should put it on the general election. I gave a copy to Mr. Holland on what somebody from Grand Ridge e-mailed me. This constitution. It says that the referenda required by this article shall be at a general election. I think the last one was in the general election. I think we are short changing our decision with some voters of this county. I know

LaSalle County Board Minutes – October 13, 2005 they have the opportunity to vote in a primary, but there are many as we know that will not go to the polls in a primary. As Mr. Johnson said, people need to understand precisely what they are voting for. If we don’t put down the duties and responsibilities of the chairman, what are they voting for? They don’t know.” Troy Holland, County Attorney, stated, “I’m not going to get into which election is better, but in answer to your question is it legal to put this on this primary election? It is a general primary election. The constitutional provision you sited talks about referendum required by this article, which I don’t know if this is even a referenda required by articles of the constitution, shall be held at general elections. But there is something beyond that, and it says except as otherwise provided by law in the constitution. The specific provision that allows us to put this on the ballot as a county board, states that it can be put on at a regular election. It’s my understanding that Madison County apparently put it on a consolidated election, which is not a general primary or a general election. I think the key language is the actual specific statute, not sited in what you gave me, that allows it to be put on at the election.” Mr. William Johnson stated, “If you want to vote on the referenda issue at the primary, you do not have to take a primary ballot. You can come in and just vote on this referenda issue. I know this is done frequently at school referenda. So by holding this referenda at the primary, it does not restrict people from voting. If they feel strongly about the issue, one way or the other, they do not have to take out a primary ballot. I think that should be clarified.” Mary Jane Wilkinson, Clerk, stated, “If a person, with the previous approval of the ¼ percent sales tax referenda and if this were approved, a voter could go to the primary election and call for a nonpartisan ballot and any ballot referenda issue that’s appropriate to their jurisdiction would contain all the referenda questions.” Mr. Freeman stated, “I for one think that issues can be put to rest when we have more people vote on issues. It seems like past referenda’s were low turnouts so they’re disregarded as a poor turnout. How can somebody vote on an issue when we haven’t even determined what that position is going to do? How can you ask the voters to be knowledgeable? The whole idea was brought forward to vote an elected county board chairman countywide. Now all the talk coming out of the committees is, we’re going to cut the responsibilities and revamp the position and change what his duties are. What is it? Nobody knows. It’s all changed since that election took place.”

LaSalle County Board Minutes – October 13, 2005 Chairman Dougherty stated, “We are doing what the public wants us to do. We are putting it on the ballot. If this resolution passes, and I hope it passes, then I’m going to go out and work my tail off to defeat it. That’s how I feel about it, because I feel it isn’t necessary. But let the people decide.” Chairman Dougherty called for a roll call vote; 22 ayes, 4 nays, 2 absent. Motion carried. SEE RECORD BOOK 155, PAGE 32-34 RESOLUTION: (#05-126) TERMS/SALARY FOR SUPERVISOR OF ASSESSMENTS A resolution was submitted to rehire Linda Kendall for a four year term from May 1, 2006 to April 30, 2010 as Supervisor of Assessments and that the per year salaries under said four year term shall be as follows: 1. $65,394.00 for the first year 2. $68,663.70 for the second year 3. $72,096.89 for the third year 4. $76,422.71 for the fourth year and that the increases for the four year term are contingent upon the County having assessment level between 31 1/3% and 35 1/3% which qualifies the County for salary reimbursement pursuant to statutes. Motion by Mr. Small to approve the resolution, second by Mr. Treschak. Mr. Hall questioned, “Is her salary reimbursed at 100%?” Mrs. Kendall replied, “50%.” Chairman Dougherty called for a roll call vote; 26 ayes, 2 absent. Motion carried. SEE RECORD BOOK 155, PAGE 35-37 RESOLUTION: (#05-127) TERMS/SALARY FOR ENVIRONMENTAL SERVICES AND DEVELOPMENT DIRECTOR A resolution was submitted to rehire Michael Harsted as Environmental Services and Development Director for a three year term beginning December 1, 2005 and ending November 30, 2008 and that his salary be set at the following sum for the period indicated: December 1, 2005 to November 30, 2006 $50,078.60

LaSalle County Board Minutes – October 13, 2005 December 1, 2006 to November 30, 2007 $51,580.96 December 1, 2007 to November 30, 2008 $53,128.39 Motion by Mr. Savitch to approve the resolution, second by Mr. Flanagan. Same roll call vote; 26 ayes, 2 absent. Motion carried. SEE RECORD BOOK 155, PAGE 38-39 RESOLUTION: (#05-128) TERMS/SALARY FOR ENFORCEMENT OFFICER AND ASSISTANT ENFORCEMENT OFFICER A resolution was submitted re-appointing Michael Harsted as Enforcement Officer and Matthew Stafford be appointed as Assistant Enforcement Officer for a one-year period beginning December 1, 2005 and expiring November 30, 2006 and the salary for Michael Harsted Enforcement Officer shall remain at $8,500.00 and the salary for Matthew Stafford Assistant Enforcement Officer be set at $4,500.00 for the fiscal year of December 1, 2005 to November 30, 2006. Motion by Mr. Landers to approve the resolution, second by Mr. Ronald Johnson. Same roll call vote; 26 ayes, 2 absent. Motion carried. SEE RECORD BOOK 155, PAGE 40-41 RESOLUTION: (#05-129) TERMS/SALARY FOR EMA COORDINATOR A resolution was submitted reappointing Michael Jobst as the EMA Coordinator for a two year period beginning December 1, 2005 and expiring November 30, 2007 and the salary be set at $37,000.00 for the fiscal years of December 1, 2005 to November 30, 2006 and $39,000.00 for the fiscal year of December 1, 2006 to November 30, 2007. Motion by Mr. Jordan to approve the resolution, second by Mr. Foltynewicz. Same roll call vote; 26 ayes, 2 absent. Motion carried. SEE RECORD BOOK 155, PAGE 42-43 MISCELLANEOUS REPORTS & CORRESPONDENCE The Treasurer’s Investment Schedule dated October 3rd, 2005 was submitted. SEE RECORD BOOK 155, PAGE 44 Correspondence to the Ill. Dept. of Revenue regarding business address verification for tax allocation purposes was submitted. SEE RECORD BOOK 155, PAGE 45 A Public Notice from the I.E.P.A. regarding a proposed renewal of the Clean Air Act Permit Program Permit for ANR Pipeline Company in Sandwich was submitted.

LaSalle County Board Minutes – October 13, 2005 SEE RECORD BOOK 155, PAGE 46 Correspondence from Nora Fesco-Ballerine, Executive Director of North Central Illinois Council of Governments, regarding their 26th Annual Dinner will be held November 10th, 2005 at Starved Rock Lodge. If any members of the Board, Elected or Appointed officials who are interested in attending the dinner to please send in your R.S.V.P. by November 1, 2005. SEE RECORD BOOK 155, PAGE 47 Motion by Mr. Flanagan to place all on file, second by Mr. Small.

COMMENT Chairman Dougherty reminded anyone wanting to attend the Illinois Association of County Board’s Convention on November 4th, 2005, to let Gayle know by October 21st, 2005. Mr. Small clarified that the Nursing Home Committee will be meeting at 9:00 a.m. tomorrow and not 10:00 a.m. Chairman Dougherty called for a voice vote for miscellaneous reports & correspondence to be placed on file, all ayes. Motion carried. ANNOUNCEMENT Mr. Jakupcak announced that Mrs. Joanne White, Detention Home Director, is retiring from the county at the end of this month. She has worked for the county for almost forty years and she is going to be sorely missed.” ------Motion by Mr. Derango to recess to November 1st, 2005 at 1:00 p.m. in Room 250, second by Mr. Savitch. Voice vote, all ayes. Motion carried. CHAIRMAN DOUGHERTY DECLARED THE MEETING RECESSED TO NOVEMBER 1ST, 2005.

LaSalle County Board Minutes – October 13, 2005

STATE OF ILLINOIS ) COUNTY OF LASALLE ) The LaSalle County Board met pursuant to recess at the Governmental Complex, Ottawa, Illinois, on the first Tuesday of November, A.D., 2005 it being the 1st day thereof. This is the third meeting of our September 2005 Session. Chairman Dougherty called the meeting to order at 1:03 p.m. Chairman Dougherty asked the Clerk to call the roll for mileage & per diem. PRESENT: 27 Members ABSENT: Mr. Panzica, Mr. Leininger There were 24 ayes claiming mileage. Motion by Mr. Foltynewicz to approve the roll call for mileage & per diem, second by Mr. Landers. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 155, PAGE 48 th Chairman Dougherty called for any additions or corrections to the October 13 , 2005 minutes. Motion by Mr. Flanagan to approve the October 13th minutes as presented, second by Mr. Rigby. Voice vote, all ayes. Motion carried. STUDENT EXCELLENCE AWARD Mr. Novotney, Supt. of Schools, introduced the students who were awarded the Student Excellence Award; from Shepherd Middle School in Ottawa, Adam Brainard; and from Ottawa Township High School, Heather Trumbo. Both students were presented with an award plaque from Chairman Dougherty and applauded by the Board. RESOLUTION: #05-19 (#05-130) COUNTY HIGHWAY A resolution was submitted appropriating the necessary funds from the County Highway Fund and authorizing the Chairman to enter into an engineering agreement with Renwick and Associates, Inc. for the preliminary engineering work for County Highway 15 (Nate Fleming Road). Motion by Mr. Flanagan to approve the resolution, second by Mr. Landers. Roll call vote; 26 ayes, 2 absent. Motion carried. SEE RECORD BOOK 155, PAGE 49-55

LaSalle County Board Minutes – November 1, 2005 RESOLUTION: #05-20 (#05-131) COUNTY HIGHWAY A resolution was submitted authorizing approval of a professional services agreement with Hutchison Engineering, Inc. for County Highway 20 (Etna Road and Champlain Street in Ottawa), and appropriating the necessary funds from the county’s allotment of Motor Fuel Tax funds to pay for the cost of said agreement. Motion by Mr. Landers to approve the resolution, second by Mr. Jakupcak. Mr. Boe stated, “This is in my board district and I think it compliments the whole county, being the county seat sits here also. But I encourage the board to support this issue.” Chairman Dougherty called for a same roll call vote; 26 ayes, 2 absent. Motion carried. SEE RECORD BOOK 155, PAGE 56-61 LETTER Mary Jane Wilkinson, Clerk, read a letter addressed to Chairman Dougherty and signed by Joanne White, Detention Home Director. The letter read ‘I would like to thank you for all your assistance and services provided to the LaSalle County Detention Home and myself, while I have been Director. Please extend my gratitude for all the assistance and friendship I have received from the members of the LaSalle County Board over the past 36 ½ years as Assistant and Director of the LaSalle County Detention Home. I have been grateful to have had the confidence of the Judges and Board to entrust to me the youth of this County. I have truly enjoyed my many years associated with the Detention Home. It has not just been a job for me, but truly an important part of my life. It has been an honor to have had served the taxpayers of this County for 41 years as an employee of this County. I thank all of you for having allowed me this wonderful experience’. SEE RECORD BOOK 155, PAGE 62 RESOLUTION: (#05-132) RECOGNIZING JOANNE WHITE FOR YEARS OF SERVICE A resolution was submitted recognizing Mrs. Joanne White and commending her for her years of service. Motion by Mr. Jordan to approve the resolution, second by Mr. Myers. At this time Chairman Dougherty acknowledged Mrs. White. Mrs. White addressed the board stating, “I really don’t know what to say, but thank you very much. It has been a privilege working with all of you and I do appreciate all the support

LaSalle County Board Minutes – November 1, 2005 I’ve received from all of you, as well as at the detention home. This has been quite an honor. And I thank you very much.” Chairman Dougherty stated, “Thank you Joanne for your years of service. I think I can speak for the whole county.” Chairman Dougherty called for a voice vote; all ayes. Motion carried. SEE RECORD BOOK 155, PAGE 63-64 MOTION Motion by Mr. Hicks to change the meeting originally scheduled for November 17th, 2005 at 1:00 p.m. to November 15th, 2005 at 1:00 p.m. and to add another meeting on November 30th, 2005 at 1:00 p.m., second by Mr. Landers. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 155, PAGE 65 APPOINTMENT: (#05-133) DRAINAGE DISTRICT #2 WALLACE A resolution was submitted reappointing William McConville as a Commissioner of Drainage District #2 Wallace for a three year term expiring October 1, 2008 or upon his successor taking office. Motion by Mr. Hall to approve the reappointment, second by Mr. Boe. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 155, PAGE 66-68 APPOINTMENT: (#05-134) EMERGENCY TELEPHONE SYSTEM BOARD A resolution was submitted appointing Thomas Templeton as Chairman of the LaSalle County Emergency Telephone System Board. Motion by Mr. Flanagan to approve the appointment, second by Mr. Hicks. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 155, PAGE 69-70 MISCELLANEOUS REPORTS AND CORRESPONDENCE Correspondence from the Federal Energy Regulatory Commission regarding Marseilles Hydro Power, LLC was submitted. SEE RECORD BOOK 155, PAGE 71 Resolution 2005/06-14 adopted by the City of Streator on October 19th, 2005, supporting the adoption of countywide zoning for LaSalle County, IL was submitted. SEE RECORD BOOK 155, PAGE 72

LaSalle County Board Minutes – November 1, 2005 The Treasurer’s Investment Schedule dated October 27th, 2005 was submitted. SEE RECORD BOOK 155, PAGE 73 Motion by Mr. Jakupcak to place all on file, second by Mr. Derango. Voice vote, all ayes. Motion carried. ------Motion by Mr. Derango to recess to November 15th, 2005 at 1:00 p.m. in Room 250 at the Governmental Complex, second by Mr. Savitch. Voice vote, all ayes. Motion carried. CHAIRMAN DOUGHERTY DECLARED THE MEETING RECESSED TO NOVEMBER 15TH, 2005

LaSalle County Board Minutes – November 1, 2005

STATE OF ILLINOIS ) COUNTY OF LASALLE ) The LaSalle County Board met pursuant to recess at the Governmental Complex, Ottawa, Illinois, on the third Tuesday of November, A.D., 2005 it being the 15th day thereof. This is the fourth meeting of our September 2005 Session. Chairman Dougherty called the meeting to order at 1:04 p.m. Chairman Dougherty asked the Clerk to call the roll call for mileage & per diem. PRESENT: 27 Members ABSENT: Mr. Kaminky, Mr. Walsh There were 24 ayes claiming mileage. Motion by Mr. Foltynewicz to approve the roll call for mileage & per diem, second by Mr. Flanagan. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 155, PAGE 74 st Chairman Dougherty called for any additions or corrections to the November 1 , 2005 minutes. Motion by Mr. Hall to approve the November 1st minutes as presented, second by Mr. William Johnson. Voice vote, all ayes. Motion carried. CITIZEN COMMENT Mr. Charles Marshall, resident of unincorporated Northville Township, addressed the LaSalle County Board stating, “I am a member of the Farm Bureau and the Illinois Agricultural Association. Two times in the past I have served the residents of LaSalle County in public office. I also served the residents of DeKalb County as Assistant State’s Attorney for zoning matters, doing much the same things as Mr. Holland does. And I’ve served on the County Board in DeKalb County where we had zoning. I commend this Board for its conduct in the way it has conducted the hearings and the map and textbook input in the zoning ordinance you are contemplating. I urge you to move forward and adopt the countywide zoning ordinance.” CITIZEN COMMENT Mr. Stephen Carlson, resident of Mendota, addressed the LaSalle County Board stating, “I wish to speak to you on the importance of open government and the guarantees of such open government under the Open Meetings Act as given in 5 ILCS 120/1 et sequens.” At this time Mr. Carlson commented on the phrase “convenient and open to the public”.

LaSalle County Board Minutes – November 15, 2005 Mr. Carlson further stated, “This matter is particularly relevant because of the hearing of the Zoning Commission in Eagle Township scheduled in three weeks and a day. I say nothing more on that topic other than to ask that this meeting be made convenient and open to the public. I intend to be there and will have something to say. Indeed all members of the County may have something to say and a large crowd should be anticipated. This is a hearing on an ordinance no one has ever seen in detail. It has never been presented to the public in its current form. The whole hearing process should perhaps start again if there are any factors making this one meeting less than a full public hearing open to everyone. ” In conclusion I suggest everyone get the current Act book and read it. An informed Board will not need a watchdog. Let us all go forward in a proper spirit of openness.” SEE RECORD BOOK 155, PAGE 75 RESOLUTION: #05-16 (#05-135) VARIANCE TO THE SUBDIVISION ORDINANCE A resolution was submitted granting a variance to the Subdivision Ordinance to allow Michael Ugolini to split a 40 acre parcel with 0 feet of public road frontage into four 10 acre parcels, each with 100 feet of public road frontage located in Brookfield Township, LaSalle County. Motion by Mr. Foltynewicz to approve the variance, second by Mr. Jakupcak. At this time Mr. Harsted, Environmental Services Director, explained the resolution to the board members. Chairman Dougherty called for a voice vote; 3 nays (Mr. Stockley, Mr. Boe, Mr. Rigby). Motion carried. SEE RECORD BOOK 155, PAGE 76-77 RESOLUTION: #05-17 (#05-136) VARIANCE TO THE SUBDIVISION ORDINANCE A resolution was submitted granting a variance to the subdivision ordinance to allow Edward & Delores Marshall to split a 5.00 acre parcel with 339.53 feet of public road frontage into two parcels, one of 2.683 acres with 167.35 feet of public road frontage and a second parcel of 2.317 acres with 172 feet of public road frontage located in Wallace Township, LaSalle County.

LaSalle County Board Minutes – November 15, 2005 Motion by Mr. Savitch to approve the variance, second by Mr. McConville. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 155, PAGE 78-79 BUDGET: 2006 PROPOSED BUDGET REPORT Chairman Dougherty announced that the board members were receiving a copy of the 2005-2006 budget and requested they inspect it and return to vote on it at the November 30th, 2005 Meeting. Chairman Dougherty thanked the Finance Committee for all their hard work. Chairman Dougherty stated the budget for 2005-2006 will be on file in the County Clerk’s Office for public inspection. Motion by Mr. Hicks to place on file the 2005-2006 Budget, second by Mr. Derango. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 155, PAGE 80 MOTION Motion by Mr. Flanagan to place the 2005-2006 Estimated LaSalle County General Tax Levy on file, second by Mr. Myers. Mr. Freeman questioned, “What is the increase?” Mr. Hicks replied, “The budget increase is just a little over 5% over last year and the levy increase is a little under 5% over last year.” Chairman Dougherty called for a voice vote; all ayes. Motion carried. SEE RECORD BOOK 155, PAGE 81-88 RESOLUTION: (#05-137) MEMORANDUM OF UNDERSTANDING BETWEEN COUNTY OF LASALLE & LASALLE COUNTY SHERIFF’S DEPARTMENT A resolution was submitted stating that the County of LaSalle enter the Memorandum of Understanding attached hereto and incorporated herein as Exhibit “A” to resolve issues between the County of LaSalle and the LaSalle County Sheriff’s Department in regard to use and maintenance of the Sheriff’s Department Drug Fund automobiles. Motion by Mr. Landers to approve the resolution, second by Mr. Jakupcak. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 155, PAGE 89-91

LaSalle County Board Minutes – November 15, 2005 RESOLUTION: (#05-138) AMENDING LASALLE COUNTY BOARD RULES REGARDING MILEAGE RATE A resolution was submitted stating that Section 15--PER DIEM AND MILEAGE of the LaSalle County Board Rules be amended to increase mileage pay from thirty cents ($0.30) per mile to forty and one-half cents ($0.40.5) per mile for probation officers and employees, whose travel is approved by the proper committee, for each mile traveled on official business; effective December 1, 2005. The mileage rate for County Board members and Elected or Appointed officials shall remain thirty cents ($0.30) per mile. Motion by Mr. Jordan to approve the resolution, second by Mr. Foltynewicz. Mr. Rigby questioned, “Where did we come up with $0.40.5?” Chairman Dougherty replied, “That was the federal rate. I believe they’ve raised it since then.” Mr. Panzica stated, “The current rate is $0.47.5.” Mr. Leininger questioned, “It says probation officers and employees. Does that mean employees of the probation department or all employees of the county?” Chairman Dougherty replied, “All employees.” Chairman Dougherty called for a roll call vote; 26 ayes, 2 absent. Motion carried. SEE RECORD BOOK 155, PAGE 92-94 RESOLUTION: (#05-139) AMENDING THE LASALLE COUNTY ANIMAL CONTROL FEE SCHEDULE A resolution was submitted amending the LaSalle County Animal Control Fee Schedule as follows: LaSalle County Animal Control Fee Schedule Effective December 1, 2005

Three (3) day board, euthanasia and disposal for dogs $62.00 to $70.00 Rabies observation 10 days and disposal for dogs $112.00 to $125.00 Euthanasia and disposal only for dogs $37.00 to $50.00 Three (3) day board, euthanasia and disposal for cats $31.00 to $48.00

LaSalle County Board Minutes – November 15, 2005 Rabies observation 10 days and disposal for cats $75.00 to $90.00 Euthanasia and disposal for cats $13.00 to $25.00 Head to lab $50.00 to $55.00 Veterinarian pick up of strays $25.00 to $27.00 Flea control for dogs $5.00 to $9.00 Flea control for cats $3.75 to $7.00

Motion by Mr. McConville to approve the resolution, second by Mr. Small. Same roll call vote; 26 ayes, 2 absent. Motion carried. SEE RECORD BOOK 155, PAGE 95-96 MISCELLANEOUS REPORTS & CORRESPONDENCE Correspondence to the Illinois Department of Revenue regarding business address verification for tax allocation purposes was submitted. SEE RECORD BOOK 155, PAGE 97 Correspondence from the Department of the Army regarding the September 2005 Final Report, “Dredged Material Management Plan for Dredged Material Placement (Illinois Waterway River Miles 225.4-230.8 Peoria Pool Site Plan for the LaSalle Reach) was submitted. SEE RECORD BOOK 155, PAGE 98 ANNOUNCEMENT Mr. Landers announced that the Christmas Party will be December 4th, 2005 at the Right Spice Supper Club in Peru, IL at 4:30 p.m. Mr. Freeman questioned, “When is this Eagle Township going to take place?” Chairman Dougherty replied, “December 7th, 2005 at 6:00 p.m.” Mr. Foltynewicz at this time thanked the county board for passing the resolution today on the Animal Control Fee Schedule. ------Motion by Mr. Derango to recess to November 30th, 2005 at 1:00 p.m. in room 250 at the Governmental Complex, second by Mr. Savitch. Voice vote, all ayes. Motion carried. CHAIRMAN DOUGHERTY DECLARED THE MEETING RECESSED TO NOVEMBER 30TH, 2005

LaSalle County Board Minutes – November 15, 2005

STATE OF ILLINOIS ) COUNTY OF LASALLE ) The LaSalle County Board met pursuant to recess at the Governmental Complex, Ottawa, Illinois, on the fifth Wednesday of November, A.D., 2005 it being the 30th day thereof. This is the fifth meeting of our September 2005 Session. Chairman Dougherty called the meeting to order at 1:00 p.m. Chairman Dougherty asked the Clerk to call the roll for mileage & per diem. PRESENT: 26 Members ABSENT: Mr. Stockley, Mr. Freeman, Mr. Myers There were 23 ayes claiming mileage. Motion by Mr. McConville to approve the roll call for mileage & per diem, second by Mr. Rigby. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 155, PAGE 98 Chairman Dougherty called for any additions or corrections to the November 15th, 2005 minutes. Motion by Mr. Flanagan to approve the November 15th minutes as presented, second by Mr. Ronald Johnson. Voice vote, all ayes. Motion carried. RESOLUTION: #05-18 (#05-140) VARIANCE TO THE SUBDIVISION ORDINANCE A resolution was submitted granting a variance to the subdivision ordinance to allow Halterman & Reynolds L.L.C. to develop a subdivision of 100 - one acre lots, which is located in Rutland Township, LaSalle County. Motion by Mr. Landers to approve the variance, second by Mr. Small. Mr. Harsted, Environmental Services Director, stated, “As identified in the Subdivision Ordinance and on page 50 of Table 1, it specifically states that there shall be no subdivision approved with greater than 50 (fifty) lots, which has the lot size of 1 (one) acre minimum. This has been through some serious scrutiny by the Township of Rutland, Township Road Commissioner, County Engineer, Dept. of Soil & Water Conservation Dist., Health Dept. and the Development Committee. And after a lot of discussion, and zoning approval by the Township, it has been determined by the committee to approve it upon recommendation for your approval today.”

LaSalle County Board Minutes – November 30, 2005 Mr. Piecha questioned, “When this resolution was discussed in the Development Committee, did we or did we not discuss the final plat with a four year period?” Mr. Harsted replied, “Yes we did, sir. That was by request of the Development Committee. It was an amendment to that resolution. It was extracted from the resolution, that it was not approved upon to give them any additional time to complete their subdivision.” Mr. Piecha stated, “I think it should have been included in this resolution. We had quite a discussion on that amendment. It went from one year, and then they wanted a four year period before the final plat comes in. I believe we amended it to one year. There was no doubt in my mind that with a one year approval on a final plat, that it will be before that committee looking for an extension for a one more, one more, and one more year.” Troy Holland, County Attorney, replied, “The one year is the time that’s in your ordinance. So that’s why it’s not in here. That’s a requirement.” Mr. Piecha stated, “What bothers me at this point is that, it was discussed that the final plat had a four year period time in it.” Mr. McConville stated, “They brought it to us with a four year extension. Mr. Stockley made a motion and I seconded that we didn’t allow that. They would need to come back for an extension and then that would also get the schools their impact fees. It was voted on as it is being presented today. What Mr. Piecha is saying is correct. That’s what they requested, but we approved it striking that portion of it out. And it is struck out on what we have in front of us.” Mr. Piecha stated, “I wanted the board to be aware that there was an amendment that took place in the Development Committee and how that vote came out as far as the amendment was concerned.” Mr. Small asked the Superintendent of Rutland School, “Is this going to have a large impact on Rutland and how much will you get per lot?” Mr. James Carlson, Superintendent on Rutland School District, replied, “I think this subdivision will have a lot of impact on Rutland School. The exact figures negotiated through the developers, has not taken place for land cash. I’m estimating close to $97,000.00. It all depends on the number of lots in the end. But it’s going to have a positive impact. We can absorb the number of students that we estimate to come out of that subdivision. And as it’s been

LaSalle County Board Minutes – November 30, 2005 told to me, depending on how quickly people build over the number of years, I think it will come at a rate that we’ll be able to easily take in students.” Mr. Harsted stated, “To let you know, this was first submitted to us as two separate subdivisions on two different tracks of property, which would have left multiple cul-de-sacs and multiple entrances from both subdivisions. I do believe the Township Road Commissioner (Mr. Russell Boe) and the County Engineer sat down and worked things out what they thought would best benefit both road districts. Basically what they said was they can probably legally do two separate subdivisions, but rather than make a mess of the road district and make it hard to clean the roads and for the school buses, let’s work on this and try to make the larger subdivision so it’s planned out properly. Mr. Boe took part in that conversation. I did not.” Mr. Kaminky questioned Mr. Boe, “Do you think the subdivision traffic can be handled on your township roads? Do you have any problem with the volume that is going to be on there?” Mr. Boe replied, “When the first plat came in Mr. Kinzer, County Engineer, did not want to let me have an entrance to the artillery road with the two subdivisions. We went back to the table and redesigned it so that one entrance would go to the artillery road and the other entrance to the township road. Both roads are pretty high quality. As far as the grade school that the kids will be attending, it’s directly north of the road that they will be accessing, so it equalizes the traffic. I’m comfortable with this plan because it eliminates four dead end roads and every road is a through road.” Chairman Dougherty called for a voice vote, all ayes. Motion carried. SEE RECORD BOOK 155, PAGE 99-100 RESOLUTION: #05-19 (#05-141) AMENDED FINAL PLAT FOR LOTS 4084, 4088, 4090 & 4096 OF HIDDEN ACRES SUBDIVISION A resolution was submitted accepting the amended final plat for lots 4084, 4088, 4090 & 4096 of Hidden Acres Subdivision in Serena Township, LaSalle County. Motion by Mr. Treschak to approve the resolution, second by Mr. Kaminky. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 155, 101-102

LaSalle County Board Minutes – November 30, 2005 MOTION Motion by Mr. Garretson to place on file the 2004-2005 LaSalle County Superintendent of Schools Report, second by Mr. Jordan. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 155, PAGE 103 MOTION Motion by Mr. Flanagan to send a letter supporting Illinois Valley PADS application for a grant, second by Mr. William Johnson. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 155, PAGE 104 RESOLUTIONS: (#05-142A THROUGH 142Q) DELINQUENT TAXES Resolutions were submitted stating that the Chairman of the Board of LaSalle County, Illinois, be authorized to execute a deed of conveyance of the County’s interest or authorize the cancellation of the appropriate Certificate(s) of Purchase, as the case may be, on real estate parcel #01-28-428-018, cert. #02-0557 for the sum of $3,675.41; parcel #04-08-214-009, cert. #01-0009 for the sum of $128.35; parcel #17-20-214-004, cert. #02-0809 for the sum of $8,920.99; parcel #15-49-422-008, cert. #01-0830 for the sum of $1,136.06; parcel #26-18-108- 000, cert. #93-1100 for the sum of $219.77; parcel #33-23-405-006, cert. #02-0046, 0047, 0048 for the sum of $339.49; parcel #32-39-120-007, cert. #02-0236 for the sum of $2,362.91; parcel #33-36-106-015, cert. #02-0147 for the sum of $750.41; parcel #33-36-411-001, cert. #01-0173 for the sum of $113.35; parcel #33-36-419-013, cert. #97-0157 for the sum of $299.65; parcel #36-19-100-004, cert. #02-0668 for the sum of $11,898.89; parcel #37-07-315-005, cert. #02- 0306 for the sum of $7,412.15; parcel #25-99-210-000, cert. #93-0322 for the sum of $177.33; parcel #25-99-290-000, cert. #93-0327 for the sum of $177.33; parcel #25-99-152-000 for the sum of $176.01; parcel #25-99-190-000 for the sum of $232.33; and cert. #02-319 for the sum of $202.16 to be paid to the Treasurer of LaSalle County Illinois, to be disbursed according to law. Motion by Mr. Jakupcak to approve the resolutions, second by Mr. Walsh. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 155, PAGE 105-123

LaSalle County Board Minutes – November 30, 2005 RESOLUTION: (#05-143) GIVING CONSENT TO ASSIGNMENT OF LEASE WITH GARVEY MARINE, INC. TO AMERICAN RIVER TRANSPORTATION COMPANY A resolution was submitted giving consent to assignment of lease with Garvey Marine, Inc. to American River Transportation Company. Motion by Mr. Kaminky to approve the resolution, second by Mr. Landers. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 155, PAGE 124-126 RESOLUTION: (#05-144) GIS ADMINISTRATIVE ASSISTANT/SALARY A resolution was submitted rehiring Jennifer Woods as GIS Administrative Assistant for a 1 year term beginning December 1, 2005 to November 30, 2006 and that her salary be set at the following sum for the period indicated: December 1, 2005 to November 30, 2006 $41,500.00 Motion by Mr. Savitch to approve the resolution, second by Mr. Small. Roll call vote; 23 ayes, 5 absent. Motion carried. SEE RECORD BOOK 155, PAGE 127-129

ORDINANCE: (#05-145) INCREASING LASALLE COUNTY RECORDER’S GEOGRAPHIC INFORMATION SYSTEM (GIS) FEE An ordinance was submitted stating that effective December 1, 2005 the LaSalle County Recorder’s Office GIS fee be increased from $5.00 to $16.00 per recording. Motion by Mr. Treschak to approve the ordinance, second by Mr. Jakupcak. Roll call vote; 25 ayes, 3 absent. Motion Carried. SEE RECORD BOOK 155, PAGE 130-149 RESOLUTION: (#05-146) OFFICE OF THE STATE’S ATTORNEY’S APPELLATE PROSECUTOR A resolution was submitted stating that the LaSalle County Board agrees to support the continued operation of the Office of the State’s Attorney’s Appellate Prosecutor, and designates the Office of the State’s Attorney’s Appellate Prosecutor as its Agent to administer the operation

LaSalle County Board Minutes – November 30, 2005 of the appellate offices and process said appellate court cases for this County for Fiscal Year 2006, commencing December 1, 2005 and ending November 30, 2006, and appropriating a sum of money not to exceed $20,000.00 for the express purposes of providing a portion of the funds required for financing the operation. Motion by Mr. Boe to approve the resolution, second by Mr. Jordan. Same roll call vote; 25 ayes, 3 absent. Motion carried. SEE RECORD BOOK 155, PAGE 150-155 RESOLUTION: (#05-147) CUSTODIAL AND JANITORIAL SERVICES A resolution was submitted stating that LaSalle County enter the contract attached hereto and incorporated herein as Exhibit “A” for custodial and janitorial services with Vicki’s Cleaning Service, Inc. for a one year period beginning December 1, 2005 and ending November 30, 2006 at a total contract price of $80,220.00. Motion by Mr. Landers to approve the resolution, second by Mr. Gruenwald. Mr. Landers stated, “We came in this time about $2,025.00 less than what the last bid was last year. Vicki’s Cleaning Service is going to supply one more person over what the last years cleaning service has, plus we are going to have somebody rotating between downtown and here to try to make sure the bathrooms are taken care of somewhat everyday between 10 a.m. to 2 p.m. I would like to recommend, especially to the office holders, to please come to me with any complaints and we will try to get it straightened out in Jail Committee. We have to have a chain of command in one way shape or form.” Mary Jane Wilkinson, County Clerk, questioned, “Can the office holders have a copy of the specs that were in the bid that shows what their duties are everyday?” Chairman Dougherty replied, “Certainly.” Mr. Erbrederis stated, “I think it would be appropriate for all non elected superintendents and supervisors to be given a copy for their offices too, if they request it.” Chairman Dougherty called for a same roll call vote; 25 ayes, 3 absent. Motion carried. SEE RECORD BOOK 155, PAGE 156-168 RESOLUTION: (#05-148) BOARD OF REVIEW EXTENSION A resolution was submitted granting the Board of Review an extension of time to process assessment complaints to April 30, 2006 for completion of its duties.

LaSalle County Board Minutes – November 30, 2005 Motion by Mr. Hicks to approve the resolution, second by Mr. Piecha. Mr. Hicks questioned, “How many complaints do we generally have and where are we at approximately this year?” Mrs. Linda Kendall, Supervisor of Assessments, replied, “In the past we’ve had as many as 2,500 and as few as 700. Normally we average somewhere around 900 to 1,200. Right now we only have a few hundred because the notices will be going out tomorrow and we are sending out over 20,000 notices. I anticipate that we will be at the higher end, because of the fact that in Bruce Township, the assessor did a reassessment on residential lots with almost three thousand changes. Rutland and Manlius Township Assessors have combined and have been working on at least the lots and some buildings in the Village of Marseilles. We have had some additional work done by our assessors and we also have completed several hundred parcels at the Route 80 & Route 251 exit in Peru in commercial properties, so I do anticipate at the higher end of our normal.” Chairman Dougherty called for a voice vote, all ayes. Motion carried. SEE RECORD BOOK 155, PAGE 169-171 RESOLUTION: (#05-149) INMATE HEALTH SERVICE AGREEMENT A resolution was submitted stating that the Chairman of the LaSalle County Board be, and is hereby authorized to execute an agreement with Health Professionals, LTD. for the provision of health care services to inmates and detainees in the form attached hereto and incorporated herein as Exhibit “A” for a period of December 1, 2005 through November 30, 2008. Motion by Mr. Jakupcak to approve the resolution, second by Mr. Hall. Mr. Troy Holland, County Attorney explained the agreement to the board members. Chairman Dougherty called for a same roll call vote; 25 ayes, 3 absent. Motion carried. SEE RECORD BOOK 155, PAGE 172-189 RESOLUTION: (#05-150) ADDENDUM TO FOOD SERVICE CONTRACT A resolution was submitted stating that the LaSalle County Board enter the addendum to food service contract with Consolidated Correctional Food Service attached hereto and incorporated herein as Exhibit “A” extending the contract to December 17, 2007. Motion by Mr. Landers to approve the resolution, second by Mr. McConville. Chairman Dougherty called for a same roll call vote, 25 ayes, 3 absent. Motion carried.

LaSalle County Board Minutes – November 30, 2005 SEE RECORD BOOK 155, PAGE 190-192 MOTION: BUDGET Motion by Mr. Hicks to approve the 2006 Budget, second by Mr. Derango. Mr. Hicks explained the changes regarding the General Fund Account and the Court Security Account and also explained how the budget process worked to the Board. Mr. Hicks stated, regarding changes to the budget since it was presented on November 15th, “There was no overall dollar amount change in the final budget. I had an error where I had to adjust the balance on hand in the General Fund Tax Levy. There were two changes that were dollar changes, but did not increase anything. The other two changes were in the Court Security Fund, which we just recently set up this year. I inadvertently put a second line item in for miscellaneous expense for $1.00, and rather redo the whole budget I added $1.00 to the Benefits Reimbursement line. Those were actually the four changes that were involved in the budget.” Chairman Dougherty complimented Mr. Hicks and the Finance Committee for working long and hard on the budget. Chairman Dougherty stated, “The greatest thing about this is that we don’t have to lay anybody off. I was fearful of that from the very beginning. We found a way out of it with fees and some other things that Mr. Hicks came up with. I’m very happy that we don’t have to have layoffs. It doesn’t mean there might not be some in the future. We don’t know that yet. Right now we are coming back slowly.” Mr. Boe questioned, “Are the thirty-five unfilled positions we have right now going to be filled?” Mr. Hicks replied, “Some of them are positions that they are waiting to fill because of some movement. There are some individuals in the jail and in corrections that have moved from one area to another and there needs to be some new people brought in to train. There are some supervisor positions that have not been filled yet. They won’t all necessarily be filled, but I would say a greater portion of them at some point in time will need to be filled.” Mr. Boe also questioned, “What about the exploration of the early retirement incentive?” Mr. Hicks replied, “There was a study performed by IMRF based on the number of individuals we have to move forward with the ERI, which showed that it would cost the county in excess of $3,000,000 to make that move. It just wasn’t a feasible situation at this time. It sounded good. Other places are doing it, but as most of you probably know, the state has done it

LaSalle County Board Minutes – November 30, 2005 and they’ve had some problems because they’ve been digging themselves into a bigger and bigger hole. So that’s an area we won’t pursue. I do know that on the down side after having a discussion in regard to some things going on with IMRF, that the Governor has a bill on his desk to again revamp the IMRF to change the sheriff’s pension to a different rate and that could potentially be a mandate on our part and cost us another $1.5 million dollars. Whether it happens or not, we don’t know. But again, there we go with those unfunded mandates. What we keep moving with to try to fix things, we keep getting slapped backwards.” Mr. McConville stated, “I think some of the office holders (Tom Lyons, County Recorder, Joseph Carey, Circuit Clerk) need to be complimented also for working with us on some of their Automation Funds and picking up some of the employees. Mr. Lyons worked with us in Mrs. Kendall’s office with the GIS and Mary Jane Wilkinson, County Clerk has one position we did not replace, but is going to be replaced with part time help. There are office holders without these automation funds that have also been very cooperative. The Highway Department has three or four people that have not been replaced. In essence there have been layoffs. We’ve had people who have retired and haven’t been replaced.” Mr. Gruenwald stated, “You can’t forget the Emergency Management of this. Mr. Mike Jobst has taken a major portion of his budget and he’s acquired money by applying for and getting grants, which has saved a lot of money with the federal mandates for homeland security.” Mr. Jakupcak stated, “I think it should be pointed out too that Mary Jane Wilkinson jumped on it at the right time to buy the voting machines, because counties that have laid back are paying premium price. That saved us a lot of money.” Mr. Leininger questioned the budget regarding IMRF/Social Security on pages 60, 29 & 7. There’s a little bit of difference in the numbers. I guess we have the same thing with the VAC on pages 46, & 29, and the Nursing Home on page 39. Why do we budget for Social Security and IMRF two times, because it seems to me that it inflates the budget?” Mr. Hicks replied, “We are all over the board here, so if you want to sit down with me after the meeting I would be glad to go through it.” Mr. Leininger questioned, “My basic question would be, why do we budget twice?” Mr. Hicks explained to Mr. Leininger how the process works regarding expense, revenue and reimbursement. “It looks like it’s doubled up, but it’s not.” After further discussion and explanation, Mr. Leininger still had concerns.

LaSalle County Board Minutes – November 30, 2005 Chairman Dougherty called for a voice vote, 1 nay (Mr. Leininger). Motion carried. SEE RECORD BOOK 155, PAGE 193 MOTION: (#05-151) 2005-2006 LASALLE COUNTY GENERAL TAX LEVY Motion by Mr. William Johnson to approve the Tax Levy for the 2005-2006 fiscal year in the amount of $20,787,457.00, second by Mr. Kaminky. Roll call vote; 24 ayes, 4 absent. Motion carried. SEE RECORD BOOK 155, PAGE 194-202 APPOINTMENT: (#05-152) D.D. #1 FREEDOM AND EARL A resolution was submitted reappointing Kent Wiley as Commissioner of Drainage District #1 Freedom and Earl for a three year term expiring September 1, 2008. Motion by Mr. Ronald Johnson to approve the reappointment, second by Mr. Small. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 155, PAGE 203-204 APPOINTMENT: (#05-153) D.D. #1 ADAMS AND EARL A resolution was submitted reappointing Allan Jacobs as Commissioner of Drainage District #1 Adams - Earl for a three year term expiring September 1, 2008. Motion by Mr. Ronald Johnson to approve the reappointment, second by Mr. Kaminky. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 155, PAGE 205-206 APPOINTMENT: (#05-154) D.D. #1 FREEDOM/WALLACE/DAYTON A resolution was submitted reappointing Ralph Freebairn and Robert Dolder as Commissioners to Drainage District #1 Freedom, Wallace & Dayton for a three year term expiring September 1, 2008. Motion by Mr. Boe to approve the reappointments, second by Mr. Kaminky. Voice vote, all ayes. Motion carried. SEE RECORD 155, PAGE 207-209 APPOINTMENT: (#05-155) D.D. #10 OPHIR & MERIDEN A resolution was submitted reappointing Bill Pakenham and Ralph Freebairn as Commissioners to Drainage District #10 Ophir & Meriden for a three year term expiring September 1, 2008.

LaSalle County Board Minutes – November 30, 2005 Motion by Mr. Small to approve the reappointments, second by Mr. Boe. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 155, PAGE 210-212

APPOINTMENT: (#05-156) D.D. #15940 UTICA/WALTHAM/WALLACE A resolution was submitted reappointing Gary Nelson, Dale Myer and Lloyd Chalus as Commissioners to Drainage District #15940 Utica, Waltham & Wallace for a three year term expiring September 1, 2008. Motion by Mr. Panzica to approve the reappointments, second by Mr. Small. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 155, PAGE 213-223 APPOINTMENT: (#05-157) D.D. #1 OPHIR A resolution was submitted reappointing the following named individuals as Commissioners to Ophir Drainage District #1: Kermit Svendsen for a term expiring September 1, 2006 N. Charles Sellers for a term expiring September 1, 2007 Robert E. Larkin, Jr. for a term expiring September 1, 2006

Motion by Mr. McConville to approve the reappointments, second by Mr. Flanagan. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 155, PAGE 224-225 APPOINTMENT: (#05-158) D.D. #7 WALLACE A resolution was submitted reappointing James Brown, Thomas Haeberle and William T. Bragg as Commissioners in Drainage District #7 Wallace for a three year term expiring September 1, 2008. Motion by Mr. Hall to approve the reappointments, second by Mr. Boe. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 155, PAGE 226-229

LaSalle County Board Minutes – November 30, 2005 APPOINTMENT: (#05-159) D.D.#1 WALLACE & WALTHAM A resolution was submitted reappointing Michael Drinan, Dave Harmon and Thomas Wheatland as Commissioners to Drainage District #1 Wallace & Waltham for a three year term expiring September 1, 2008. Motion by Mr. Small to approve the reappointments, second by Mr. Landers. Voice vote, all ayes. Motion carried.

SEE RECORD BOOK 155, PAGE 230-233 APPOINTMENT: (#05-160) D.D. #1 FREEDOM & WALLACE (MAIN & SUB.) A resolution was submitted reappointing Gary Setchell and Ronald O’Donnell as Commissioners to Drainage District #1 Freedom & Wallace (Main & Sub.) for a three year term expiring September 1, 2008. Motion by Mr. Ronald Johnson to approve the reappointments, second by Mr. McConville. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 155, PAGE 234-236 APPOINTMENT: (#05-161) HEALTH DEPARTMENT BOARD A resolution was submitted reappointing William Johnson to the LaSalle County Health Department Board for a term expiring November 30, 2006. Motion by Mr. Boe to approve the reappointment, second by Mr. Rigby. Voice vote, 1 abstain. Motion carried. SEE RECORD BOOK 155, PAGE 237 APPOINTMENT: (#05-162) EMERGENCY TELEPHONE SYSTEM BOARD A resolution was submitted appointing Jay LeSeure as a member of the LaSalle County ETSB. Motion by Mr. Foltynewicz to approve the appointment, second by Mr. Hicks. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 155, PAGE 238-239

LaSalle County Board Minutes – November 30, 2005 MISCELLANEOUS REPORTS & CORRESPONDENCE Correspondence from Somonauk Community Unit School District No. 432 regarding the lack of countywide land use planning and management in LaSalle County was submitted. SEE RECORD BOOK 155, PAGE 240 Correspondence from the Federal Energy Regulatory Commission regarding Marseilles Hydro Power Electric LLC was submitted. SEE RECORD BOOK 155, PAGE 241 The LaSalle County Soil & Water Conservation District Audit Report for the year ended June 30, 2005 was submitted. SEE RECORD BOOK 155, PAGE 242 Motion by Mr. Flanagan to place all on file, second by Mr. Erbrederis. Voice vote, all ayes. Motion carried. COMMENT Chairman Dougherty commented that the Christmas Party is December 4th, 2005 and to get your money to Gayle after the meeting. Troy Holland, County Attorney, asked to have the Com Ed Exelon issue put on the agenda for the next meeting. Chairman Dougherty stated that it would be put on the agenda for the next meeting. Mr. Small stated, “The administrator at the Nursing Home would encourage all the board members to come to the Open House on Tuesday night. I believe everyone was sent a letter.” ------Motion by Mr. Landers to adjourn to December 12th, 2005 at 1:00 P.M. at the Governmental Complex in Room 250, second by Mr. Savitch. Voice vote, all ayes. Motion carried. CHAIRMAN DOUGHERTY DECLARED THE MEETING ADJOURNED TO DECEMBER 12TH, 2005

LaSalle County Board Minutes – November 30, 2005 STATE OF ILLINOIS ) COUNTY OF LASALLE ) RECORD OF THE PROCEEDINGS OF THE LASALLE COUNTY BOARD HELD AT THE GOVERNMENTAL COMPLEX, OTTAWA, ILLINOIS. BEGUN AND HELD ON THE SECOND MONDAY OF DECEMBER, A.D., 2005, IT BEING THE 12TH DAY THEREOF. STATE OF ILLINOIS ) COUNTY OF LASALLE ) The LaSalle County Board met pursuant to Statute at the Governmental Complex, Ottawa, Illinois, on the second Monday of December, A.D., 2005, it being the 12th day thereof. This is the first meeting of our December 2005 Session. Chairman Dougherty called the meeting to order at 1:03 p.m. Chairman Dougherty asked the Clerk to call the roll for mileage & per diem. PRESENT: 28 Members ABSENT: Mr. Stockley There were 25 ayes claiming mileage Motion by Mr. Foltynewicz to approve the roll call for mileage & per diem, second by Mr. Gruenwald. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 156, PAGE 1 Chairman Dougherty called for any additions or corrections to the November 30th, 2005 minutes. Motion by Mr. Flanagan to approve the November 30th minutes as presented, second by Mr. Erbrederis. Voice vote, all ayes. Motion carried. RESOLUTION: (#05-163) POSTHUMOUSLY HONOR CATHERINE A. KUDRICK A resolution was submitted to posthumously honor former County Board member Catherine A. Kudrick who recently passed away. Motion by Mr. Jordan to approve the resolution, second by Mr. Garretson. Voice vote, all ayes. Motion carried. A moment of silence was observed in her honor. SEE RECORD BOOK 156, PAGE 2

LaSalle County Board Minutes – December 12, 2005 COMMENT Mr. Jakupcak stated, “Mr. Carlson has spoken to us at just about every board meeting. Isn’t there some kind of rule, especially since he is running for public office now? It’s like a political stepping stone.” Chairman Dougherty replied, “Well, Mr. Carlson is on the agenda today, so he shall be allowed to speak today. We’ll take that under consideration, but today Mr. Carlson is on the agenda. I have granted him five minutes to talk on the tax levy.” CITIZEN COMMENT Stephen Carlson, resident of Mendota, addressed the Board stating, “I really must protest the five minute limitation. I will leave these remarks with the recording secretary to be placed on file in full and will be published in the Mendota Reporter as well. I suggest that you look at the full remark. To finish on time, let me begin in the middle. On November 13th (per Mr. Carlson) the Finance Committee in LaSalle County placed both budget and levy on file and made the numbers public and official. Headlines proclaimed the levy to be only 104.99% of the previous extension and that all Truth in Taxation requirements would be satisfied and no public hearing was necessary. I used the numbers filed and did a proper computation as required by law. The correctly calculated percentage was actually in excess of the statutory benchmark and both the notice and hearing were required to avoid penalties. I immediately faxed a letter detailing this to Mr. Hettel and the press and noted that the hearing could be held on the 30th at no additional cost to the taxpayers, if notice was published before November 23rd. No notice was published by the 23rd. However, the Finance Committee did take note of my concerns and met 45 minutes before the full Board Meeting and mysteriously and miraculously found an additional $10,000.00 in reserves and were able to correct their error. Was this legal, or just cynical, or just simply politics? I really can no longer laugh and look the other way. I only note that the Truth in Taxation requirements are that the levy be on file for no less than 20 days before its adoption. Do the math. It was placed on file on the 15th. It was not on file 20 days. So I have grounds once again to file a Tax Objection Complaint next year against the County for violations of the Truth in Taxation Act. I have previously filed such objections in the Circuit Court (2004 as #3, 2005 as #2) and these have been the only such filings for those

LaSalle County Board Minutes – December 12, 2005 years. I have filed pro se. It cost me $70.00 to file and I still expect to get money back on the average house in this county. I wonder why other taxpayers do not do likewise. And I particularly wonder why the big corporate taxpayers are not objecting? My 2004 complaint would only have returned me $12.02 on a Truth in Taxation based objection for a net loss of $57.98. So I looked at the levy more closely and found that the uncapped levy item for Liability Insurance Purposes jumped from $580 thousand dollars the previous year to four million six hundred thirty-five plus thousand dollars in 2004. And I wondered why? The answer was simple as this levy suddenly included a new item of three million six hundred forty-five thousand plus dollars for “Health Insurance Claims”. Use of this levy for such a purpose is illegal and I made such objection that year. A refund for those additional grounds when settled should yield me a net profit on my objection. The Finance Committee and the County Board made similar improper levy requests for in excess of five million dollars in 2004-2005 and even more in 2005-2006 several weeks ago.” At this time Chairman Dougherty reminded Mr. Carlson that he had one minute left. Mr. Carlson continued stating, “I wonder why Common Wealth Edison has not filed an objection since they would receive more than six hundred thousand dollars for my first objection and more than seven hundred fifty thousand dollars later. I wonder what they are asking for this? I think somebody needs to start digging and sifting through this muddle and let us clean house and put it in order before someone else cleans our clocks. Let the County or the Court take away the club the biggies are swinging, like Common Wealth Edison, with a proper budget and levy. Protect us little guys. Please. Thank You. And please read my full remarks.” Mr. Erbrederis stated, “I’d like to formally place an objection to Mr. Carlson’s remark that his entire statement be given to the Clerk to be placed on file. I believe that the official records be the statements that have been made to the entire body. Not as what has been presented on paper.” Troy Holland, County Attorney, replied, “There is a clear record of what was said by Mr. Carlson. Anybody can send something to Mary Jane Wilkinson’s office as correspondence.” Mr. Erbrederis stated, “But it shouldn’t be a part of the official meeting.” Mr. Holland replied, “I don’t know that it needs to be a part of this meeting, but its part of her correspondence.”

LaSalle County Board Minutes – December 12, 2005 Mr. Erbrederis stated, “The impression that I had gotten was that Mr. Carlson wanted it as a part of this meeting as a statement that he could not read into the record. If I’m mistaken, I apologize to the Board, but that’s the way I took it.” Mr. Holland replied, “I don’t think it has to become part of your minutes besides what the minutes say. I think typically he’s presented other written matters that don’t go as part of our minutes.” STUDENT EXCELLENCE AWARDS Mr. William Novotney, Supt. of Schools, introduced the two students who were awarded the Student Excellence Award; from Northbrook Middle School in Mendota, Haley Sack; and from Mendota Township High School, Bria Meyer. Both students were presented with an award plaque from Chairman Dougherty and applauded by the Board. RESOLUTION: #05-21 (#05-164) COUNTY HIGHWAY A resolution was submitted providing for the appropriation of $1,250,000 from the Motor Fuel Tax fund to cover maintenance costs from January 1, 2006 through December 31, 2006 for Section 06-00000-00-GM, Patrol #1. Motion by Mr. Flanagan to approve the resolution, second by Mr. Landers. Roll call vote; 27 ayes, 1 absent. Motion carried. SEE RECORD BOOK 156, PAGE 3-5 RESOLUTION: #05-22 (#05-165) COUNTY HIGHWAY A resolution was submitted requesting that the necessary funds be appropriated from the county’s allotment of Motor Fuel Tax funds for the purpose of paying the salary of the LaSalle County Engineer from January 1, 2006 to December 31, 2006 (Section 06-00000-00-CS), and authorizing Surface Transportation Program funds to be made available to IDOT in an amount equal to 50% of the county engineer’s annual salary. Motion by Mr. McConville to approve the resolution, second by Mr. Jakupcak. Same roll call vote; 27 ayes, 1 absent. Motion carried. SEE RECORD BOOK 156, PAGE 6-7 MOTION Motion by Mr. Small to send a letter supporting College Avenue Child Care Project (CACC) application for USDA Loan/Grant, second by Mr. Landers. Voice vote, all ayes. Motion carried.

LaSalle County Board Minutes – December 12, 2005 SEE RECORD BOOK 156, PAGE 8 COMMENT Mr. Erbrederis stated, “I’d like to commend Mr. Larry Kinzer, County Engineer and his staff for the excellent job they did last week in keeping the roads clear after the late afternoon snowfall.” MOTION Motion by Mr. Myers to place on file the LaSalle County Clerk’s report for the period of December 1, 2004 through November 30th, 2005, second by Mr. Gruenwald. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 156, PAGE 9-11 ORDINANCE: (#05-166) ABATING GENERAL OBLIGATION REFUNDING BONDS, SERIES 2002 An ordinance was submitted abating the tax heretofore levied for the year 2005 to pay the principal of and interest on $8,510,000 General Obligation Refunding Bonds, Series 2002 (Public Safety Tax Alternate Revenue Source) of the County of LaSalle, Illinois. The tax heretofore levied for the year 2005 in the Ordinance is hereby abated in its entirety. (Approximately $872,352.50). Motion by Mr. Kaminky to approve the ordinance, second by Mr. William Johnson. Same roll call vote; 27 ayes, 1 absent. Motion carried. SEE RECORD BOOK 156, PAGE 12-13 ORDINANCE: (#05-167) ABATING GENERAL OBLIGATION REFUNDING BONDS, SERIES 2003 An ordinance was submitted abating the tax heretofore levied for the year 2005 to pay the principal of and interest on $6,200,000 General Obligation Refunding Bonds, Series 2003 (Public Safety Tax Alternate Revenue Source) of the County of LaSalle, Illinois. The tax heretofore levied for the year 2005 in the Ordinance is hereby abated in its entirety. (Approximately $623,400.50). Motion by Mr. Foltynewicz to approve the ordinance, second by Mr. Jordan. Mr. Hall questioned, “When are the bonds actually going to be fulfilled?” Chairman Dougherty replied, “In the year 2015 and 2016.” Same roll call vote; 27 ayes, 1 absent. Motion carried.

LaSalle County Board Minutes – December 12, 2005 SEE RECORD BOOK 156, PAGE 14-15 ORDINANCE: (#05-168) ABATING GENERAL OBLIGATION SELF- INSURANCE BONDS, SERIES 2004 An ordinance was submitted abating tax levied for year 2005 on General Obligation Self- Insurance Bonds, Series 2004. The tax heretofore levied for the year 2005 in the Ordinance is hereby abated in its entirety. (Approximately $994,885.00). Motion by Mr. Hicks to approve the ordinance, second by Mr. Rigby. Mr. Hicks stated, “This one expires in the year 2014.” Same roll call vote; 27 ayes, 1 absent. Motion carried. SEE RECORD BOOK 156, PAGE 16 MOTION: EXECUTIVE SESSION Motion by Mr. Derango to go into executive session to discuss imminent litigation, second by Mr. Landers. Roll call vote; 27 ayes, 1 absent. Motion carried. The room was cleared for executive session. SEE RECORD BOOK 156, PAGE 17 Motion by Mr. Jakupcak to return to regular session, second by Mr. Kaminky. Roll call vote; 27 ayes, 1 absent. Motion carried. SEE RECORD BOOK 156, PAGE 18 MOTION Motion by Mr. McConville to approve the Exelon/Com Ed Agreement, second by Mr. William Johnson. Mr. Freeman questioned, “Is there a copy of this agreement? I guess I’ve never seen it.” Chairman Dougherty stated, “I don’t have a copy of it right now.” Mr. Derango stated, “We have a high recommendation from our attorneys. I’m confident without seeing a copy. I wouldn’t be able to understand it any better than they’ve already explained it.” Mr. Leininger stated, “I have seen a copy of it and it’s what our attorneys and different taxing bodies have agreed to.” Chairman Dougherty called for a same roll call vote; 27 ayes, 1 absent. Motion carried. SEE RECORD BOOK 156, PAGE 19

LaSalle County Board Minutes – December 12, 2005 MOTION Motion by Mr. Ronald Johnson to approve the tentative board sessions for 2006, second by Mr. Flanagan. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 156, PAGE 20 QUARTERLY REPORT: COMMITTEE WORK MISCELLANEOUS The Quarterly Report for Committee Work Miscellaneous was submitted in the total amount of $42,585.60. Motion by Mr. Treschak to approve the Quarterly Report, second by Mr. Piecha. Roll call vote; 25 ayes, 3 absent. Motion carried. SEE RECORD BOOK 156, PAGE 21-22 APPOINTMENT: (#05-169) D.D. #15940 UTICA/WALTHAM/WALLACE A resolution was submitted appointing Dave Poole as Commissioner in Drainage District #15940 Utica, Waltham & Wallace for a three year term expiring September 1, 2008. Motion by Mr. Panzica to approve the appointment, second by Mr. Small. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 156, PAGE 23-28 APPOINTMENT: (#05-170) D.D. #1 WALLACE/DAYTON A resolution was submitted reappointing Daniel J. McDonnell and John Krug as Commissioners in Drainage District #1 Wallace & Dayton for a three year term expiring September 1, 2008. Motion by Mr. McConville to approve the reappointments, second by Mr. Small. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 156, PAGE 29-37 APPOINTMENT: (#05-171) 708 MENTAL HEALTH BOARD A resolution was submitted reappointing Susan Thornton as a Member of the LaSalle County 708 Mental Health Board for a term expiring November 30, 2009. Motion by Mr. Flanagan to approve the reappointment, second by Mr. William Johnson. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 156, PAGE 38

LaSalle County Board Minutes – December 12, 2005 APPOINTMENT: (#05-172) 708 MENTAL HEALTH BOARD A resolution was submitted reappointing Mervin Eastwold as a Member of the LaSalle County 708 Mental Health Board for a term expiring November 30, 2009. Motion by Mr. Ronald Johnson to approve the reappointment, second by Mr. Small. Voice vote, all ayes. Motion carried. SEE RECORD BOOK 156, PAGE 39 MISCELLANEOUS REPORTS & CORRESPONDENCE Correspondence to the Illinois Department of Revenue regarding business address verification for tax allocation purposes was submitted. SEE RECORD BOOK 156, PAGE 40 A Public Notice from the Illinois Department of Natural resources regarding an application that has been received from International Titanium Powder, 20634 West Gaskin Drive, Lockport, IL for a permit authorizing a temporary cofferdam in the Illinois River was submitted. SEE RECORD BOOK 156, PAGE 41 Correspondence from Mediacom regarding their TV Guide Subscription was submitted. SEE RECORD BOOK 156, PAGE 42 Motion by Mr. Kaminky to place all on file, second by Mr. Flanagan. Voice vote, all ayes. Motion carried. COMMENT Chairman Dougherty thanked everyone who attended the Christmas Party and Mr. Landers for putting it together. At this time Mr. Freeman, Mr. Rigby and Mr. Gruenwald engaged in conversation regarding a recent news article that was in the newspaper. ------Motion by Mr. Derango to recess to January 3rd, 2006 at 1:00 p.m. at Ottawa High School Auditorium, second by Mr. Savitch. Voice vote, all ayes. Motion carried. CHAIRMAN DOUGHERTY DECLARED THE MEETING RECESSED TO JANUARY 3RD, 2006

LaSalle County Board Minutes – December 12, 2005