Agenda County Board, County of Kane Tuesday, May 8, 2007 9:45 A.M

AGENDA COUNTY BOARD, COUNTY OF KANE TUESDAY, MAY 8, 2007 9:45 A.M.

1. CALL TO ORDER ROLL CALL 3. MINUTES: April 10, 2007 4. NEW AND UNFINISHED BUSINESS (A) SPEAKERS (Agenda Items):

(B) PRESENTATIONS: • Res. #07-144 - In Appreciation of Steve Rauschenberger Res. #07-145 - In Appreciation of Mary Lou England

Petition #4142 PLATO TOWNSHIP Petitioner: Dezeri De Raedt Location: - West side of Tower Road, approximately 450 feet north of Plato Road, Section 19, Plato Township (05-19-100-006) Proposed: Special Use within the,F-Farming District for a public horse stable for up to 30 horses (3.21 acres) 2030 Plan: Agricultural Objectors: Adjacent and area property owners Recommendations: Staff: Approve Regional Planninc1 Comm.: Not Applicable Zoning Board Recommendation: Approve with the following stipulations: 1.. Manure be hauled off-site at least once per week. 2. No more than 6 horse trailers to be stored on the property at one time. 3. That all buildings meet the requirements of the Kane County Building Department. 4. Work with the neighbor to the west as to the location of the release for the required Stormwater Management Facility. Development Committee Recommendation: Approve with the following stipulation: 1. At least 8 acres of the parcel be for pasture land.

Petition #4143 PLATO TOWNSHIP Petitioner: Virgilio Salinas, et at Location: East side of Route 47, 1/4 mile south of Plank Road, Section 8, Plato Township (12N663 Route 47) Proposed: F-District Farming to F-1 Rural Residential and F-2 Agricultural Related Sales, Service, Processing, Research, Warehouse and Marketing; Special Use for a Nursery and Landscaping Business (2 acres) 2030 Plan: Agricultural Objectors: None Recommendations: Staff: No Recommendation. If approved, should be subject to the following, stipulations: 1. No retail sales are to be allowed on the property. 2. The propagation area, as shown on the landscape plan dated June 26, 2006, shall be planted by September 1, 2007 and will consist of almost 50% of the F-2 area. 3. There is to be no outdoor storage of equipment or trucks. Regional Planning Comm.: Not Applicable Zoning Board Recommendation: Approve with the following stipulation: 1. The barn for indoor storage of vehicles and equipment be completed within 1 year of Country Board approval. COUNTY BOARD AGENDA 2- May 8, 2007

Development Committee Recommendation: Approve with the following stipulation: 1. That the site plan be amended to show any outside storage of extra landscape materials 'and screening from the neighboring property owner by the April Executive Committee meeting.

Petition #4144 SUGAR GROVE TOWNSHIP Petitioner: Andrew Konovodoff, et ux Location: North side of Denny Road, 1200 feet west of Norris Road, Section 2, Sugar Grove Township (40W936 Denny Road) Proposed: F -- District Farming to E-3 District Estate Residential (4.99 acres) 2030 Plan: Countryside Estate Objectors: None Recommendations: Staff: Approve Regional Planning Comm.: Approve Zoning Board Recommendation: Approve .Development Committee Recommendation: Approve

(D) RESOLUTIONS & ORDINANCES ...... CONSENT AGENDA ......

Administration - #07 - 146 Purchase of 2008 Sign Truck Cab and Chassis for Kane County Division of Transportation #07 - 147 Purchase of Custom Built Sign Truck Body and Platform Lift for Kane County Division of Transportation #07 - 148 Elevator Preventive Maintenance for County Government Facilities #07 - 149 RFP-BG8 Boilers Replacement #07 - 150 Vehicle Replacement (Sheriff's Office) #07 - 151 Purchase of Storage Area Network Appliance (Kane County Information Technologies Department) County Development - #07 - 152 Designating a Kane County Rustic Road (Ke-De-Ka Road) #07 - 153 Authorizing Execution of an Intergovernmental Agreement for Extension of the Kane County Historic Preservation Program for Ke-De-Ka Road, A. Kane County Rustic Road #07 - 154 Designating Kane County Historic Landmark (Santell Prairie Home) #07 - 155 An Ordinance Establishing the Hurstwoods Subdivision Special Service Area (or Special Service Area No.' SW-32), Kane County, Illinois, and Providing for the Levy of Taxes for the Purpose of Paying the Cost of Providing Special Services in and for Such Area #07 - 156 An Ordinance Establishing the "The Falls of Plato" Special Service Area (or Special Service Area No. SW-33), Kane County, Illinois, and Providing for the Levy of Taxes for the Purpose of Paying the Cost of Providing Special Services in and for Such Area #07 - 157 A Contract with Classic Computer Recovery, Inc., for Electronic Recycling Services COUNTY BOARD AGENDA -3 May 8, 2007

Executive - #07 - 158 Land/Cash Disbursement for Kane County Forest Preserve District #07 - 159 Appointment to Board of Trustees of the Batavia Township & Countryside Fire Protection District (Wendy Lee) #07 - 160 Appointment to Board of Trustees of the Burlington Community Fire Protection District (Mearl Maynard) #07 - 161 Appointment to Board of Trustees of the Maple Park & Countryside Fire Protection District (Robert J. Peterson) #07 - 162 Appointment to Board of Trustees of the North Aurora & Countryside Fire Protection District (Richard Brackett) #07 - 163 Appointment to Board of Trustees of the Pingree Grove & Countryside Fire Protection District (Todd Harris) #07 - 164 Appointment to Board of Trustees of the Rutland & Dundee Townships Fire Protection District (Rollyn Anderson) #07 - 165 Appointment to Board of Trustees of the South Elgin & Countryside Fire Protection District (Kenneth' Cornelissen) #07 - 166 Appointment to Board of Trustees of the South Elgin & Countryside Fire Protection District (Scott Melahn) #07 - 167 Appointments to Advisory Body for the Mill Creek Special Service Area (Mark Ruby and Karen Kosog) #07 - 168 Appointments to Kane County Board of Review (John S. Orin and Gerald A. Jones) #07 - 169 Amending Chapter 10 of the Kane County Code (Fireworks) #07 - 170 Establishing Allowable Number of Liquor Licenses #07 - 171 An Intergovernmental Agreement Between the County of Kane and the Village of Campton Hills for Building Code Inspections by the Kane County Development Department Finance/Budget - #07 - 172 Budget Adjustment for the Capital Improvement Fund Bond Proceeds and Related Expenses #07 - 173 Budget Adjustment for the Court Security Fund Bond Call #07 - 174 Repealing Sec. 2-196(a) of the Kane County Code and Replacing it with a New Sec. 2-196(a) (Depositories for Funds of County Treasurer/Collector) #07 - 175 Budget Adjustment for Sheriff's Office and E911 Health and Dental #07 - 176 Requesting the Maintenance or Reduction of Tax Extension Rates and Amount of Certain Levied Funds #07 - 177 Authorizing Purchase of Program Supplies for Supplemental Nutrition Program for Women Infants Children (WIC) Grant by Kane County Health Department Including Budget Amendment #07 - 178 Public Safety Radio Equipment (Information Technologies Department) COUNTY BOARD AGENDA -4 May 8, 2007

#07 - 179 A Resolution Retaining the PAR Group for Recruitment Services for the Director of Purchasing Position Judicial & Public Safety - Amending Contract for Additional Professional Services with Voorhis/Robertson Justice Services, Inc. Extension of Sex Offender Treatment Service Contract (Kane County Court Services)

#07 - 182 Authorizing Purchase of Electrical and Telecommunication Contracting Services for Consolidation of Health Department Elgin Facilities at 107-113S. Grove and 115 S. Grove Suites 205 & 209 #07 - 183 Communications Planning for the Health Department #07 - 184 Authorization to Enter into Memorandum of Understanding with Aunt Martha's Youth Services for Coordinated Services Public Service - #07 - 185 Authorizing Intergovernmental Agreements with the Village of Hampshire- (Hampshire Special Service Areas Nos. 16, 17, 18, and 19) Transportation - #07 - 186 Approving an Agreement for Regional Planning Liaison Services #07 - 187 Approving a Phase II Engineering Agreement with Patrick Engineering for Plank Road at IL Route 47, Kane County Sec. No. 07-00356-00-CH #07 - 188 Approving Amendment #1. for the Phase 11 Engineering Services Agreement with Hampton, Lenzini & Renwick, Inc. for Stearns Road Bridge Corridor - Stage 1A, New Stearns Road Over the North Arm of Brewster Creek, Kane County Section No. 06- 00214-05-BR #07 - 189 Approving Contract for Construction, Bowes Road Over Otter Creek, Kane County Section No. 06-00347-00-BR #07 - 190 Approving Contract for Construction, 2007 Epoxy Pavement Marking, Kane County Section No. 07-00000-03-GM #07 - 191 Approving Phase III Construction Observation Services Agreement with Robert H. Anderson & Associates, Inc. for Corron Road Over Bowes Creek (Kane Co. Sec. #05-00336-00-BR), Plank Road Over Burlington Creek (Kane Co. Sec. #06-000348- 00-BR), and Silver Glen Over Ferson Creek (Kane Co. Sec. #06- 00351-00-BR) #07 - 192 Approving Contract for Construction, Hampshire Township Road District, Section 07-10000-01-GM #07 - 193 Approving Contract for Construction, St. Charles Township Road District, Section 07-14000-01-GM #07 - 194 Approving an Intergovernmental Agreement with Illinois Department of Transportation for Kirk Road at IL Route 56, Kane County Section No. 01-00273-00-CH (Phase III Construction) COUNTY BOARD AGENDA - 5- . May 8, 2007

#07 - 195 Approving Amendment #3 to an Intergovernmental Agreement with the Kane County Forest Preserve District for Realignment of Stearns Road , Dunham Road and Illinois State Route 25

...... END OF CONSENT AGENDA ......

#07 - 196 Decision on Siting Application of William Dumoulin for the Dumoulin Farms Compost Facility in Unincorporated Kane County (Approved) Decision on Siting Application of William Dumoulin for the Dumoulin Farms Compost Facility in Unincorporated Kane County (Denied)

(E) APPOINTMENTS: • Alternates - Board of Review. • Board of Health Advisory Committee

5. EXECUTIVE SESSION to discuss the setting of a price for sale or lease of property owned by the County, review of closed meeting minutes , and settlement of claim

6. Executive Session Minutes

7. Case No. 2-06-0624

8. SPEAKERS (Non-Agenda Items): • James MacRunnels , Elburn , on consultants hired by the County

9. ADJOURNMENT to Tuesday , June 12, 2007 at 9:45 a.m. STATE OF ILLINOIS

COUNTY OF KANE

RESOLUTION NO. 07 - 144

IN APPRECIATION OF STEVEN J. RAUSCHENBERGER

WHEREAS, Steven Rauschenberger represented Legislative District No. 22 in the Illinois Senate from 1993 to 2007; and

WHEREAS, during that time Steven was the first freshman legislator to ever chair the Appropriations Committee, and also served on the Environmental & Energy Committee and the Housing &. Community Affairs Committee among others; and

WHEREAS, Steven was appointed to the Senate Republican Leadership team in 2003 as Assistant Republican Leader where he served with distinction and specialized in tax relief and-welfare reform; and

WHEREAS, former Senator Rauschenberger is a native of Elgin, Illinois, where he attended public schools and later graduated from William and Mary College; and

WHEREAS, Steven has served District 22 and the State of Illinois with honor and loyalty and, in his official acts, was governed by a keen sense of duty which earned him the admiration and esteem of his peers.

NOW, THEREFORE, ON THIS 8TH DAY OF MAY 2007, the Kane County Board herewith extends best wishes to Steven H. Rauschenberger for a long and happy life and thanks him for the many contributions he has made to the residents of Kane County as a member of the Illinois State Senate.

Karen McConnaughay Chairman, County Board Kane County, Illinois

John A. Cunningham Clerk, County Board Kane County, Illinois STATE OF ILLINOIS

COUNTY OF KANE

RESOLUTION NO. 07-145

IN APPRECIATION OF MARY LOU ENGLAND

WHEREAS, on May 31, 2007, Mary Lou England will conclude almost eight years of public service to the citizens of Kane County, having assumed the responsibilities of Executive Director of the Public Health Department on August 1, 1999; and

WHEREAS, Mary Lou has long been a figure in the public sector , beginning her career at the Greene County Health Department in Carrollton, Illinois and subsequently holding executive positions with the West Suburban Hospital Medical Center, the Illinois Department of Public Health and the DuPage County Health Department before joining Kane County; and

WHEREAS, Mary Lou has been and remains a tireless advocate for the advancement of, Public Health issues, calling upon her vast expertise and knowledge of public health systems to promote issues of particular concern to Kane County; and

WHEREAS, Mary Lou has led us to a greater understanding of our communities; furthermore, her service has increased the Public Health Department's efficiency and its prestige; and

WHEREAS, Mary Lou always performed her duties ably and conscientiously. Under her tutelage , our public health department has become recognized throughout the state for its premier programs and excellence.

NOW, THEREFORE, BE IT RESOLVED ON THIS 8TH DAY OF MAY, 2007 that the Kane County Board is grateful to Mary Lou England for her example and counsel , for her unwavering courage, and for her loyal service as Executive. Director of the Kane County Public Health Department. It is the County Board's earnest wish that retirement will bring Mary Lou the quietude of private life and that she will enjoy good health and happiness for many years. Farewell; we'll miss you.

Karen McConnaughay Chairman , Kane County Board

John A. Cunningham Clerk, Kane County Board STATE OF ILLINOIS }

COUNTY OF KANE}

PETITION NO. 4142 ORDINANCE AMENDING THE ZONING ORDINANCE OF KANE.0OUNTY, ILLINOIS

BE IT ORDAINED by the County Board of Kane County, Illinois, as follows:

1) That a Special Use is hereby granted and allowed under the provisions of Article VIII, Section 8.1-2 (A-A), of the Zoning Ordinance of Kane County, Illinois, permitting a public stable for up to 30 horses within the following described F-District:

That part of the Northwest Quarter of Section 19, Township 41 North, Range 7 East of the 3rd Principal Meridian in the Township of Plato, Kane County, Illinois, described as follows: Beginning at the Southeast corner of the Northwest Quarter of said Section 19; thence North along the East line of said Northwest Quarter, 1,356.71 feet for the point of beginning; Thence Westerly along a line which forms an angle of 90°1'21" to the left of said East line of the Northwest Quarter, a distance of 350.0 feet, thence Southerly along a line, said line being parallel to the East line of said Northwest Quarter and which forms an angle of 89°58'39" to the left of the last described line a distance of 400.0 feet, thence Easterly along a line which forms an angle of 90°1'39" to the left of the last described line a distance of 350.0 feet, thence Northerly along the East line of the Northwest Quarter of Section 19 a distance of 400.0 feet to the point of beginning.

2) That the Special Use be granted with the following stipulation:

1. Manure be hauled off-site at. least once per week. . 2. No more than 6 horse trailers are to be stored on the property at a time. 3. That all buildings meet the requirements of the Kane County Building Department. 4. The petitioner is to work with the neighbor to the west as to the location of the release for the required Stormwater Management Facility. 5. That there be at least 8 acres of pasture land on the property.

3) That the zoning maps of Kane County, Illinois, be amended accordingly. i 4) This ordinance shall be in full force and effect from and after its passage and approved as provided by Law.

Passed by the Kane County Board on May 8, 2007.

John A. Cunningham Karen McConnaughay Clerk, County Board Chairman, County Board Kane County, Illinois Kane County, Illinois

Vote: Yes No Voice Abstentions 05pt4142 I STATE OF ILLINOIS } }§ COUNTY OF KANE }

PETITION NO. 4143 ORDINANCE AMENDING THE ZONING ORDINANCE OF KANE COUNTY, ILLINOIS

BE IT ORDAINED by the County Board of Kane County, Illinois, as follows:

1) That the following. described property is hereby rezoned and reclassified from F District- Farming to F-1 Rural Residential:

That part of the South 264 feet of the North 594 feet of the West 330 feet of the Southeast 1/4 of the Northeast 1/:. of Section 8, Township 41 North, Range 7 East of the 3rd Principal Meridian, described as follows: Commencing at the Northwest corner of the South 264 feet of the North 594 feet of West 330 feet of the Southeast '/ of the Northeast ^/4 of said Section 8; thence North 88°19'55" East, along the North line of said South 264 feet, 44.15 feet, to the East Right Of Way line of Illinois Route 47 as 'described in document #360681 and the place of beginning; thence continuing North 88°19'55" East along said North line 165.07 feet; thence South 0°01'53" West, parallel to the East Right Of Way line of said Route 47, 264.12 feet to the South line of said South 264 feet; thence South 88°19'55" West, along said South line 165.07 feet, to the Easterly Right Of Way line of said Route 47; thence North 0°15'53" East, along said Easterly Right Of Way line, 264.12 feet to the place of beginning, all in Plato Township, Kane County Illinois.

2) That the following described property is hereby rezoned and reclassified from F District Farming to F-2 Agricultural Related Sales, Service, Processing, Research, Warehouse and Marketing with a Special Use for a nursery and landscaping business subject to the following stipulations:

The South 264 feet of the North 594 feet of the West 330 feet of the Southwest Quarter of the Northeast Quarter of Section 8, Township 41 North, Range 7 East of the 3rd Principal Meridian, in the Township of Plato, Kane County Illinois excepting that part of the South 264 feet of the North 594 feet of the West 330 feet of the Southeast '/4 of the Northeast 1/4 of Section 8, Township 41 North, Range 7 East of the 3rd Principal Meridian, described as follows: Commencing at the Northwest corner of the South 264 feet of the North 594 feet of West 330 feet of the Southeast '/4 of the Northeast 1/ of said Section 8; thence North 88°19'55" East, along the North line of said South 264 feet, 44.15 feet, to the East Right Of Way line of Illinois Route 47 as described in document #360681 and the place of beginning; thence continuing North 88°19'55" East along said North line 165.07 feet; thence South 0°01'53" West, parallel to the East Right Of Way line of said Route 47, 264.12 feet to the South line of said South 264 feet; thence South 88°19'55" West, along said South line 165.07 feet, to the Easterly Right Of Way line of said Route 47; thence North 0015'53" East, along said Easterly Right Of Way line, 264.12 feet to the point of beginning, all in Plato Township, Kane County Illinois. Page 2 of 2, Pet. No. 4143

3) That the Rezoning be granted subject to the following stipulations:

1. No retail sales are to be allowed on the property. 2. The propagation area, as shown on the landscape plan dated June 26, 2006, shall be planted by September 1, 2007. 3. There. is to be no outdoor storage of equipment or trucks. 4. The barn for storage of vehicles and equipment be up within one year of County Board approval. 5. That the site plan be amended to show any outside storage of extra landscape materials and screening from the neighboring property owner by the April Executive Committee meeting.

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

5) This ordinance shall be in full force and effect from and after its passage and approved as provided by Law.

Passed by the Kane County Board on May 8, 2007.

John A. Cunningham Karen McConnaughay Clerk, County Board Chairman, County Board Kane County, Illinois Kane County, Illinois

Vote: Yes No Voice Abstentions

05pt4143 ARR RD.

Sa/Thas, of a/ STATE OF ILLINOIS } }§ COUNTY OF KANE }

PETITION NO. 4144 ORDINANCE AMENDING THE ZONING ORDINANCE OF KANE COUNTY, ILLINOIS

BE IT ORDAINED by the County Board of Kane County, Illinois, as follows:

1) That the following described property is hereby rezoned and reclassified from F-District Farming to E-3 District Estate Residential :

That partd of the Southwest Quarter of Section 2, Township 38 North, Range 7 East of the 3 Principal Meridian described as follows: Commencing at a point in the center line of Norris Road that is 1293.45 feet North of as measured at Right angles to the South line of said Southwest Quarter; thence North 83°20'59" West, along the center line of Denny Road 1145.28 feet for the point of beginning; thence continuing North 83°20'59", West along said center line of Denny Road 123.66 feet; thence South 85°01'25" West along said center line of Denny Road 332.33 feet to a point 145.20 feet East of the West line of said Section 2, measured at Right angles thereto; thence. North 0°07'28" West parallel with said West line and 145.20 feet East as measured at Right angles thereto, 511.78 feet to a point in the Southerly, line of Illinois Toll Highway Authority property; thence South 80°16'26" East along said Southerly line 510.278 feet to a line drawn North 6°39'01" East from the point of beginning; thence South 6°39'01" West along said line 413.86 feet to the point of beginning; in the Township of Sugar Grove, Kane County, Illinois

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

3) This ordinance shall be in full force and effect from and after its passage and approved as provided by Law.

Passed by the Kane County Board on December 12, 2006.

John A. Cunningham Karen McConnaughay Clerk, County Board Chairman, County Board Kane County, Illinois Kane County, Illinois

Vote: Yes No Voice Abstentions

05pt4144

STATE OF ILLINOIS

COUNTY OF KANE

RESOLUTION NO. 07 - 146

PURCHASE OF 2008 SIGN TRUCK CAB AND CHASSIS FOR KANE COUNTY DIVISION OF TRANSPORTATION

WHEREAS, bids have been solicited and received for the purchase of one (1) 2008 Truck Cab and Chassis for Kane County Division of Transportation; and

WHEREAS, the low bid for said equipment of $49,965.00 less trade-in allowance of $4,000.00 for a net cost of $45,965.00 was from Northwest Ford and Sterling Truck Center of Franklin Park, Illinois.

NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the low bid for said equipment from Northwest Ford and Sterling Truck Center, 4000 North Mannheim Road, Franklin Park, Illinois 60131 be accepted for one (1)2008 Truck Cab and Chassis in the amount of Forty Five Thousand Nine Hundred Sixty Five Dollars ($45,965.00) which shall be paid from County Highway Fund No. 031, Line Item # 70-15 (Automotive Equipment) and the Chairman be and hereby is authorized to enter into an agreement for the purchase of said equipment at the above stated price.

Line item Line Item Description Was Are funds currently If funds are not personnel/item/service available for this currently available in approved in original personnel/item/service the specified line item, budget or a in the specified line where are the funds subsequent budget item? available? revision? 031-8310-811.70-15 Automotive Equi pment Yes Yes

Passed by the Kane County Board on May 8, 2007.

John A. Cunningham .Karen McConnaughay Clerk, County Board Chairman, County Board Kane County, Illinois Kane County, Illinois

Vote: Yes No Voice ' Abstentions

5TRCABCHSS.4LH STATE OF ILLINOIS

COUNTY OF KANE

RESOLUTION NO.. 07 - 147

PURCHASE OF CUSTOM BUILT SIGN TRUCK BODY AND PLATFORM LIFT FOR KANE COUNTY DIVISION OF TRANSPORTATION

WHEREAS, bids have been solicited and received for the purchase of one (1) Custom Built Sign Body and Platform Lift. for Kane County Division of Transportation; and

WHEREAS, the low bid for said equipment including installation of $68,977.00 was from Sauber Manufacturing Company, Virgil, IL.

NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the. low bid for said equipment including installation of Sauber Manufacturing Company, 1.0 North Sauber Road, Virgil, Illinois 60151-1000 be accepted for one (1) Custom Built Sign Truck Body and Platform Lift in the amount of Sixty Eight. Thousand Nine Hundred Seventy Seven Dollars ($68,977.00) and be paid from County Highway Fund No. 031, Line Item # 70-15 (Automotive Equipment) and the Chairman be and hereby is authorized to enter into an agreement for the purchase of said equipment at the above stated price.

Line item Line Item Description Was Are funds currently If funds are not personnel/item/service available for this currently available in approved in original personnel/item/service the specified line item, budget or a subsequent in the specified line where are the funds budget revision? item? available? 031-8310-811.70-15 Automotive Eq uipment Yes Yes

Passed by the Kane County Board on May 8, 2007.

John A. Cunningham Karen McConnaughay Clerk, County Board Chairman, County Board Kane County, Illinois Kane County, Illinois

Vote: Yes No Voice Abstentions

5TRBDYLFT.4LH STATE OF ILLINOIS

COUNTY OF KANE

RESOLUTION NO. 07 - 148

ELEVATOR PREVENTIVE MAINTENANCE FOR COUNTY GOVERNMENTAL FACILITIES

WHEREAS, bids have been solicited and received for the Elevator Preventative Maintenance Contract for all government facilities; and

WHEREAS, the lowest responsible bidder as per specifications was Valley Elevator, Inc., which includes the following complexes: Government Center, Courthouse, Judicial Center, Juvenile Justice Center, Aurora Health Department located at 1240 Highland Avenue, Child Advocacy Center located at 427 West Campbell, and the Sheriff Complex for the sum of $1,830.40 per month for a total of Twenty One Thousand Nine Hundred Sixty Four Dollars and Eighty Cents ($21,964.80) per year for the elevator maintenance per specifications.

NOW, THEREFORE, IT BE RESOLVED by the Kane County Board that the Chairman of the Board is authorized to enter into a contract with Valley Elevator, Inc. for the elevator preventative maintenance at a cost of Twenty One Thousand Nine Hundred and Sixty Four Dollars and Eighty Cents ($21,964.80) per year. Funds to be paid from the General Fund.

Line item Line Item Was personnel/item/service Are funds currently available for If funds are not currently Description approved in original budget this personnel/item/service in available in the specified or a subsequent budget the specified line item? line item, where are the revision? funds available? 001-3520-414-50-76 Contractual Yes - 2007 Budget Yes 001-3530-414-50-76 001-3540-414-50-76 001- 720-611-50-95 001-3560-414-50-76

Passed by the Kane County Board on May 8, 2007.

John A. Cunningham Karen McConnaughay Clerk, County Board Chairman, County Board Kane County, Illinois Kane County, Illinois

Vote: Yes No Voice Abstentions

5Eievator STATE OF ILLINOIS

COUNTY OF KANE

RESOLUTION NO. 07 - 149

RFP-BG8 BOILERS REPLACEMENT

WHEREAS, proposals have been solicited and received for the demolition and removal of two old firetube steam boilers and replacement of two new firetube steam boilers, a turnkey operation, for the S. Third Street Courthouse for Kane County Buildings Management Department; and

WHEREAS, R. J. O'Neil, Inc. was the lowest responsible bidder at a cost of One Hundred Thirty Eight Thousand Eight Hundred Twenty Dollars ($138,820.00) for the base proposal as per specifications, and Thirty-Eight Thousand Forty Six Dollars ($38,046.00) for Alternate Bid #1, a total not to exceed One Hundred Seventy Six Thousand Eight Hundred Sixty-Six Dollars ($176,866.00), plus a 10% Kane County contingency of Fourteen Thousand Seven Hundred Dollars ($14,700.00), a total not to exceed One Hundred Ninety One Thousand Five Hundred Sixty Six Dollars ($191,566.00).

NOW, THEREFORE, IT BE RESOLVED by the Kane County Board that the Chairman of the Board is authorized to enter into a contract with R. J. O'Neil, Inc. for the demolition and replacement of the old firetube steam boilers at the S. Third Street Courthouse as per specifications at a cost of One Hundred Thirty Eight Thousand Eight Hundred Twenty Dollars ($138, 820.00) for the base proposal as per specifications, and Thirty Eight Thousand Forty Six Dollars ($38,046.00) for Alternate Bid #1, a total not to exceed One Hundred Seventy Six Thousand Eight Hundred Sixty-Six Dollars ($176,866.00) plus a 10% Kane County contingency of Fourteen Thousand Seven Hundred Dollars ($14,700.00), a total not to exceed One Hundred Ninety One Thousand Five Hundred Sixty Six Dollars ($191,566.00). Funds to be paid from the General Fund

Line item Line Item Description Was Are funds currently If funds are not currently available personnel/item/service available for this in the specified line item, where approved in original personnel/item/service are the funds available? budget or a in the specified line subsequent budget item? revision? 043-1086.411-70-21 Capital Program Yes Yes 2007 Capital Bond Issue

Passed by the Kane County Board on May 8, 2007.

John A. Cunningham Karen McConnaughay Clerk, County Board Chairman, County Board Kane County, Illinois Kane County, Illinois

Vote: Yes No Voice Abstentions

5Boilers STATE OF ILLINOIS

COUNTY OF KANE

RESOLUTION NO. 07 - 150

VEHICLE REPLACEMENT (SHERIFF'S OFFICE)

WHEREAS, a Sheriff's Department squad car has been totaled and needs to be replaced; and

WHEREAS, one (1) 2007 Ford Crown Victoria Police Interceptor can be purchased from Landmark Ford, Springfield, IL, under the State of Illinois price at a cost of $19,950.00; equipment for the vehicle can be purchased from Lund Industries in Wheeling, IL at a price of $3,423.49 and lettering of the vehicle can be purchased from Jake the Striper in Batavia, IL at a price of $225.00; and

WHEREAS, all replacement costs for this vehicle shall be from the Insurance Liability Fund, which will be reimbursed upon receipt of funds from a subrogation claim against the responsible driver, if applicable.

NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the purchase of one (1) 2007 Ford Crown Victoria Police Interceptor from Landmark Ford in Springfield, IL, at a cost of Nineteen Thousand Nine Hundred and Fifty Dollars ($19,950.00); equipment to be.purchased from Lund Industries in Wheeling, IL at a cost of Three Thousand Four Hundred Twenty Three Dollars and Forty Nine Cents ($3,423.49); and lettering be purchased from Jake the Striper in Batavia, IL at a cost of Two Hundred and Twenty Five Dollars ($225) be approved; to be paid from 026-2060-412.50-07 (Insurance Liability).

Line item Line Item Description Was Are funds currently If funds are not personnel/item/service available for this currently available in approved in original personnel/item/service the specified line item, budget or a subsequent in the specified line where are the funds budget revision? item? available? 026-2060-412.50-07 Insurance Liability N/A - Yes N/A

Passed by the Kane County Board on May 8, 2007.

John A. Cunningham Karen McConnaughay Clerk, County Board Chairman, County Board Kane County, Illinois Kane County, Illinois

Vote: Yes No Voice Abstentions

5Vehicle-Sheriff STATE OF ILLLINOIS

COUNTY OF KANE

RESOLUTION NO. 07 - 151

PURCHASE OF STORAGE AREA NETWORK APPLIANCE (KANE COUNTY INFORMATION TECHNOLOGIES DEPARTMENT)

WHEREAS, the Kane County Information Technologies Department resides in the Government Center, 719 S. Batavia Ave., Building B; and

WHEREAS, the Kane County Information Technologies Department is responsible for proper maintenance, support, and operation of storage systems for, electronic information and computing; and

WHEREAS, the Kane County Information Technologies Department is continuing the established lifecycle management of the data storage systems infrastructure supporting the needs. of the county; and

WHEREAS, the General Services Administration has advertised and obtained competitive pricing from EqualLogic on GSA Schedule GS-35F-4342D for the EqualLogic PS400e disk sub system for backend storage systems.

NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the Information Technologies Department purchase a (2) two EqualLogic PS400e enterprise disk sub system per the GSA Schedule contract GS-35F-4342D pricing from an authorized partner in the amount of Ninety Nine Thousand Eight Hundred Seventy Five Dollars ($99,875.00) to be paid from Kane County Information Technologies Department fund line items as follows:

Line item Line Item Amount Was Are funds currently If funds are not Description personnel/item/service available for this currently available approved in original personnel/item/service in the specified line budget or a in the specified line item, where are the subsequent budget item? funds available? revision? 001-3010-414.70-03 Computers $99,875.00 .Original Yes

Passed by the Kane County Board on May 8, 2007.

John A. Cunningham Karen McConnaughay Clerk, County Board Chairman, County Board Kane County, Illinois Kane County, Illinois

Vote: Yes No Voice Abstentions

51TD-Storage STATE OF ILLINOIS

COUNTY OF KANE RESOLUTION NO.07 - 152

DESIGNATING A KANE COUNTY RUSTIC ROAD (KE-DE-KA ROAD)

WHEREAS , the people of the County of Kane take great pride in the historic buildings , structures, sites, and landscapes of the County that exemplify the heritage or culture of the County of Kane , State of Illinois; and

WHEREAS, the County of Kane has conducted a comprehensive survey identifying certain buildings, structures , areas, sites, and landscapes that are of historic, architectural , cultural, archaeological , educational , or scenic significance; and

WHEREAS , the County of Kane is empowered pursuant to 55 ILCS 5/5 - 30001 (1990), to establish and appoint by ordinance a preservation commission and to designate by ordinance landmarks and preservation districts upon the recommendation of the preservation commission; and

WHEREAS, the Kane County Board adopted the Kane County Historic Preservation Ordinance establishing said Commission on June 14 , 1988 as Ordinance 88-99 ; and amended it on July 11, 2000, with Ordinance No. 00 -186 in order to allow for the identification , designation and protection of road corridors; and

WHEREAS , the Kane County Historic Preservation Commission has found that Ke -De-Ka Road, in its nominated length , and with certain adjacent properties as defined in the Corridor Management Plan, exemplifies the characteristics of rural Kane County; and is important in the history of the development of Kane County; and .

WHEREAS, the Kane County Historic Preservation Commission has recommended that it be designated a Rustic Road for its scenic, historic and natural significance.

NOW, THEREFORE , BE IT RESOLVED , by the Kane County Board , that Ke-De-Ka Road, as recommended by the Kane County Historic Preservation Commission , is hereby designated a Kane County Rustic Road , placed on the Kane County Register of Historic Places , and afforded the protection of a preservation district as provided through provisions in the Kane County Historic Preservation Ordinance.

Passed by the Kane County Board on May 8, 2007.

John A. Cunningham Karen McConnaughay Clerk, County Board Chairman , County Board Kane County, Illinois Kane County, Illinois

Vote: Yes No Voice Abstentions

5KeDeKaRoad STATE OF ILLINOIS

COUNTY OF KANE

RESOLUTION NO. 07 - 153

AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT FOR EXTENSION OF THE KANE COUNTY HISTORIC PRESERVATION PROGRAM FOR KE-DE-KA ROAD, A KANE COUNTY RUSTIC ROAD

WHEREAS, the Kane County Board adopted the Kane County Historic Preservation Ordinance (#88-99) on June 14, 1988, which established the Kane County Historic Preservation Commission, the Kane County Register of Historic Places, and provisions for the identification, designation, and protection of landmarks and road corridors under the ordinance; and

WHEREAS , the Kane County Board designated Ke-De-Ka Road as a Rustic Road under said ordinance; and

WHEREAS, said Rustic Road has a portion, the area within the right-of-way of parcels 14-09- 200-043 and 14-09-400-038, within the municipal limits of the Village of Sugar Grove; and

WHEREAS, said Village wishes to utilize the Kane County Historic Preservation Ordinance to protect said Rustic Road; and

WHEREAS, such protection can be provided upon the execution of an intergovernmental agreement between the Village and the County; and

WHEREAS, the Village and the County are authorized to enter into intergovernmental agreements, pursuant. to the Illinois Constitution of 1970, Article VII, Section 10, and the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.).

NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the Chairman thereof is hereby authorized to execute an intergovernmental agreement (a copy of which is on file with the County Clerk's Office) with the Village of Sugar Grove for the extension of the Kane County Historic Preservation Program for Ke-De-Ka Road.

BE IT FURTHER RESOLVED that the Kane County Recorder of Deeds shall record said agreement on the directly affected parcels.

Passed by the Kane County Board on May 8, 2007.

John A. Cunningham Karen McConnaughay Clerk, County Board Chairman, County Board Kane County, Illinois Kane County, Illinois

Vote: Yes No Voice _ Abstentions 5IGA-KeDeKaRoad STATE OF ILLINOIS

COUNTY OF KANE

RESOLUTION NO. 07 - 154

DESIGNATING KANE COUNTY HISTORIC LANDMARK (SANTELL PRAIRIE HOME)

WHEREAS , the people of the County of Kane take great pride in the historic buildings, structures, sites, and landscapes of the County that exemplify the heritage or culture of the County of Kane , State of Illinois; and

WHEREAS, the County of Kane has, conducted a comprehensive survey identifying certain buildings , structures, areas, sites , and landscapes that are of historic , architectural , cultural, archaeological, educational , or scenic significance; and

WHEREAS, the County of Kane is empowered pursuant to 55 ILCS 5/5 - 30001 (1992), to establish and appoint by ordinance a preservation commission and to designate by ordinance landmarks and preservation districts upon the recommendation of the preservation commission; and

WHEREAS, the Kane County Board adopted the Kane County Historic Preservation Ordinance establishing said Commission on June 14 , 1988 as Ordinance No. 88 -99; and

WHEREAS , the Kane County Historic Preservation Commission has recommended that the Santell Prairie home located at 4N786 Old La Fox Road (PIN 0823176012 ) in Campton Township be designated a Kane County Historic Landmark for its architectural significance as a unique Prairie style house.

NOW, THEREFORE , BE IT RESOLVED , by the Kane County Board , that the Santell Prairie Home, as recommended by the Kane County Historic Preservation Commission , is hereby designated a Kane County Historic Landmark , placed on the Kane County Register of Historic Places , and afforded the protection of a historic landmark as provided through provisions in the Kane County Historic Preservation Ordinance.

Passed by the Kane County Board on May 8, 2007.

John A. Cunningham Karen McConnaughay Clerk, County Board Chairman , County Board Kane County, Illinois Kane County, Illinois

Vote: Yes No Voice Abstentions

5SantellHome STATE OF ILLINOIS

COUNTY OF KANE

ORDINANCE NO. 07-155

AN ORDINANCE ESTABLISHING THE HURSTWOODS SUBDIVISION SPECIAL SERVICE AREA (OR SPECIAL SERVICE AREA NO. SW-32) KANE COUNTY, ILLINOIS AND PROVIDING FOR THE LEVY OF TAXES FOR THE PURPOSE OF PAYING THE COST OF PROVIDING SPECIAL SERVICES IN AND FOR SUCH AREA

WHEREAS, a final plat of subdivision has been approved by the County of Kane , Illinois (the "County"), for the Hurstwoods Subdivision Subdivision (the "Subdivision"); and

WHEREAS, in accordance with the Kane County Stormwater Ordinance, the Subdivision will be improved with a stormwater drainage system, and may also include special management areas, all of which will be conveyed to the Hurstwoods Subdivision Homeowners' Association (the "Homeowners' Association"), a duly incorporated homeowners' association; and

WHEREAS, the Homeowners' Association is obligated to maintain the stormwater drainage system and special management areas and to impose an assessment upon the owners of all of the lots within the Subdivision, to provide for the maintenance of such stormwater drainage system and special management areas; and

WHEREAS, the Kane County Stormwater Ordinance requires, as a condition of approval of the application for a stormwater management permit for the Subdivision, the establishment of a special service area pursuant to 35 ILCS 200/27-5, et seq., either as the primary means of providing for the long-term maintenance of the stormwater drainage system and special management areas, or as a back-up vehicle in the event the Homeowners' Association fails to adequately carry out its duties; and

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

WHEREAS, pursuant to the "Special Service Area Tax Law", 35 ILCS 200/27-5, et seq. (2003), the County is authorized to levy and impose taxes upon property within special service areas for the provision of special services to those areas and for the payment of debt incurred in order to provide those services; and

WHEREAS, it is in the public interest to establish the area hereinafter described and designated as the Hurstwoods Subdivision Special Service Area (or Special Service Area No. SW-32 ) (the "Area") as a special service area of the County for the purposes set forth herein as a back-up vehicle to provide for the long-term maintenance of the stormwater drainage system and special management areas of the Subdivision; and Page 2 of 4, Ord. #07-155

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

WHEREAS, the purpose of establishing the Area is to provide certain special governmental services (the "Services") to the Area, which are unique and in addition to the services generally provided to the County as a whole, in the event the Homeowners' Association fails to adequately carry out its duties to maintain the stormwater drainage system and special management areas. The Services to be provided on a back-up basis may include, but are not limited to, the following: the operation, maintenance, repair, rehabilitation, replacement and reconstruction of any stormwater detention and/or retention area, drainageway, ditch, swale, storm sewer or other stormwater facility; costs of design, engineering and other consulting services, surveying and permits, public liability insurance, and all administrative, legal and other costs or.expenses incurred in connection therewith and with the administration of the Area, including the repayment of any loan or debt incurred for the provision of any of such Services, all of the Services to be in and for the Area; and

WHEREAS, it is in the public interest that a direct annual ad valorem tax upon all taxable property within the Area be levied for the purpose of paying the costs of providing the Services, which are to be provided only in the event the Homeowners' Association fails to adequately carry out its duties; and

WHEREAS, the revenue from such tax shall be used solely for Services for which the County is authorized under law to levy taxes or special assessments or to appropriate funds of the County, all of the Services to be in and for the Area and all of any necessary construction and maintenance to be on property accessible to and by the County, as more fully described on the plat for the Subdivision; and

WHEREAS, said direct annual ad valorem tax shall be levied upon all taxable property within the Area for an indefinite period of time beginning for the year 2007, at a rate sufficient to produce revenues required to provide the Services, and such rate shall not exceed an annual rate of 0.50% ($0.50 per $100) of the equalized assessed valuation of each tax parcel within the Area, and shall be in addition to all other taxes permitted by law; and

WHEREAS, the establishment of the Area was proposed by the Board of the County of Kane (the "County Board") pursuant to Ordinance No. 07-71, entitled:

PROPOSING THE ESTABLISHMENT OF THE HURSTWOODS SUBDIVISION SPECIAL SERVICE AREA (OR SPECIAL SERVICE AREA NO. SW-32) OF KANE COUNTY, ILLINOIS AND THE LEVY OF TAXES FOR THE PURPOSE OF PAYING THE COST OF PROVIDING SPECIAL SERVICES IN AND FOR SUCH AREA

(the "Proposing Ordinance"), duly adopted on Pending and was considered at a public hearing (the "Hearing") held by the County Board on April 10, 2007; and

WHEREAS, notice of the Hearing was given by publication at least once not less than 15 days prior to the Hearing in Kane County Chronicle, the same being a newspaper of general circulation within the County (a copy of the notice and affidavit of publication is on file with the County Clerk as Exhibit A and is incorporated herein); and Page 3 of 4, ord. #07-155

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

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

WHEREAS, the County Board does hereby determine that it is in the public interest and in the interest of the County and the Area that the Area be established and the taxes described herein be levied.

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

§1. Incorporation of preambles The preambles of this ordinance are hereby incorporated into this text as if set out herein in full.

§2. Final adjournment of Hearing The Hearing was finally adjourned on April 10, 2007.

§3. Establishment of Area (a) The Hurstwoods Subdivision Special Service Area (or Special Service Area No. SW-32) of Kane County, Illinois is hereby established in and for the County and shall consist of the territory legally described in Exhibit D on file with the County Clerk and made a part hereof.

(b) Said territory consists of approximately 6.5 acres lying south and east of the intersection of Brookhaven Lane and Silver Glen Road in Kane County, Illinois. An accurate map of the Area is on file with the .County Clerk as Exhibit E and made a part hereof.

§4. Purpose of the establishing the Area The purpose of establishing the Area is to provide the Services to the Area, which Services are unique and in addition to the services generally provided to the County as a whole, in the event the Homeowners' Association fails to adequately carry out its duties to maintain the stormwater drainage system and special management areas. The Services to be provided on a back-up basis may include, but are not limited to, the following: the operation, maintenance, repair, rehabilitation, replacement and reconstruction of any storm water detention and/or retention area, drainageway, ditch, swale, storm sewer or other stormwater facility; costs of design, engineering and other consulting services, surveying and permits, public liability insurance, and all administrative, legal and other costs or expenses incurred in connection therewith and with the administration of the Area, including the repayment of any loan or debt incurred for the provision of any of such Services, all of the Services to be in and for the Area. Page 4 of 4, Ord. #07-1 55

§5. Tax Levy The cost of the Services; which are to be provided in the event the Homeowners' Association fails to adequately carry out its duties, shall be paid by the revenue from the levy of a direct annual ad valorem tax upon all taxable property within the Area for an indefinite period of time beginning for the year 2007 and shall not exceed an annual rate of 0.50% ($0.50 per $100) of the equalized assessed valuation of each tax parcel within the Area, and shall be in addition to all other taxes permitted by law.

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

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

Passed by the Kane County Board on May 8, 2007.

John A. Cunningham Karen McConnaughay Clerk, County Board Chairman , County Board Kane County, Illinois Kane County, Illinois

Vote: Yes No Voice Abstentions

5HurstwoocisEstablishing STATE OF ILLINOIS

COUNTY OF KANE

ORDINANCE NO. 07- 156

AN ORDINANCE ESTABLISHING THE 'THE FALLS OF PLATO' SPECIAL SERVICE AREA (OR SPECIAL SERVICE AREA NO. SW-33) KANE COUNTY, ILLINOIS AND PROVIDING FOR THE LEVY OF TAXES FOR THE PURPOSE OF PAYING THE COST OF PROVIDING SPECIAL SERVICES IN AND FOR SUCH AREA

WHEREAS, a Preliminary plat of subdivision has been approved by the County of Kane, Illinois (the "County"), for the `The Falls of Plato' Subdivision (the "Subdivision"); and

WHEREAS, in accordance with the Kane County Stormwater Ordinance, the Subdivision will be improved with a stormwater drainage system, and may also include special management areas, all of which will be conveyed to the 'The Falls of Plato' Homeowners' Association (the "Homeowners' Association"), a duly incorporated homeowners' association; and

WHEREAS, the Homeowners' Association is obligated to maintain the stormwater drainage system and special management areas and to impose an assessment upon the owners of all of the lots within the Subdivision to provide for the maintenance of such stormwater drainage system and special management areas; and

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

WHEREAS, it is in the public interest to establish the area hereinafter described and designated as the 'The Falls of Plato' Special Service Area (or Special Service Area No. SW- 33) (the "Area") as a special service area of the County for the purposes set forth herein as a back-up vehicle to provide for the long-term maintenance of the stormwater drainage system and special management areas of the Subdivision; and Page 2 of 4 , Ord. #07-156 .

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

WHEREAS, the purpose of establishing the Area is to provide certain special governmental services (the "Services") to the Area, which are unique and in addition to the services generally provided to the County as a whole, in the event the Homeowners' Association fails to adequately carry out its duties to maintain the stormwater drainage system and special management areas. The Services to be provided on a back-up basis may include,. but are not limited to, the following: the operation, maintenance, repair, rehabilitation, replacement and reconstruction of any stormwater detention and/or retention area, drainageway, ditch, swale, storm sewer or other stormwater facility; costs of design, engineering and other consulting services, surveying and permits, public liability insurance, and all administrative, legal and other costs or expenses incurred in connection therewith and with the administration of the Area, including the repayment of any loan or debt incurred for the provision of any of such Services, all of the Services to be in and for the Area; and

WHEREAS, the establishment of the Area was proposed by the Board of the County of Kane (the "County Board") pursuant to Ordinance No. 07-72, entitled:

PROPOSING THE ESTABLISHMENT OF THE 'THE FALLS OF PLATO' SPECIAL SERVICE AREA (OR SPECIAL SERVICE AREA NO. SW-33) OF KANE COUNTY, ILLINOIS AND THE LEVY OF TAXES FOR THE PURPOSE OF PAYING THE COST OF PROVIDING SPECIAL SERVICES IN AND FOR SUCH AREA

(the "Proposing Ordinance"), duly adopted on Pending and was considered at a public hearing (the "Hearing") held by the County Board on April 10, 2007; and

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

WHEREAS, the County Board does hereby determine that it is in the public interest and in the interest of the County and the Area that the Area be established and the taxes described herein be levied.

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

§1. Incorporation of preambles The preambles of this ordinance are hereby incorporated into this text as if set out herein in

§2. Final adjournment of Hearing The Hearing was finally adjourned on April 10, 2007.

§3. Establishment of Area (a) The 'The Falls of Plato' Special Service Area (or Special Service Area No. SW-33) of Kane County, Illinois is hereby established in and for the County and shall consist of the territory legally described in Exhibit D on file with the County Clerk and made a part hereof.

(b) Said territory consists of approximately 69.9 acres lying north and east of the intersection of Russell Road and Muirhead Road in Kane County, Illinois. An accurate map of the Area is on file with the County Clerk as Exhibit E and made a part hereof.

§5. Tax Levy The cost of the Services, which are to be provided in the event the Homeowners' Association fails to adequately carry out its duties, shall be paid by the revenue from the levy of a direct annual ad valorem tax upon all taxable property within the Area for an indefinite period of time beginning for the year 2007 and shall not exceed an annual rate of 0.50% ($0.50 per $100) of the equalized assessed valuation of each tax parcel within the Area, and shall be in addition to all other taxes permitted by law.

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

Passed by the Kane County Board on May 8, 2007.

John A. Cunningham Karen McConnaughay Clerk, County Board Chairman, County Board Kane County, Illinois Kane County, Illinois

Vote: Yes No Voice Abstentions

5PlatoEstablishing STATE OF ILLINOIS

COUNTY OF. KANE

RESOLUTION NO. 07 - 157

A CONTRACT WITH CLASSIC COMPUTER RECOVERY, INC. FOR ELECTRONIC RECYCLING SERVICES

WHEREAS, the Kane County Solid Waste Management Plan recommends that the County develop programs to reduce the volume and toxicity of solid waste being landfilled; and

WHEREAS, the quantity of used electronic equipment in the waste stream has grown rapidly in the past few years, and some of this equipment contains toxic materials; and

WHEREAS, the Department of Environmental Management has conducted several collection events for this material, which have been well-received by the public, and wishes to continue providing these recycling opportunities; and,

WHEREAS, the Department received cost proposals to provide electronics recycling services from seven companies, and Classic Computer Recovery, Inc. provided the lowest-cost responsible proposal; and

WHEREAS, the 2007 budget for the Enterprise Surcharge Fund (081) includes funding to provide used electronic equipment collections.

NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the Department of Environmental Management is authorized to contract with Classic Computer Recovery, Inc. for electronic equipment recycling, with Kane County's expense to be charged to Fund 081, Line Item 50-14.

Passed by the Kane County Board on May 8, 2007.

John A. Cunningham Karen McConnaughay Clerk, County Board Chairman, County Board Kane County, Illinois Kane County, Illinois

Vote: Yes No Voice Abstentions

5ComputerRecovery STATE OF ILLINOIS

COUNTY OF KANE

RESOLUTION NO. 07 - 158

LAND CASH DISBURSEMENT FOR THE KANE COUNTY FOREST PRESERVE DISTRICT

WHEREAS , the Kane County Forest Preserve District has requested disbursement of $193,255 .58 in Land Cash Funds; and

WHEREAS , the Kane County Plat Officer has verified that sufficient funds exist in the appropriate Land Cash Accounts per the attached allocation; and

WHEREAS , the Executive Committee of the Kane County Board has reviewed the request for disbursal of funds; and

WHEREAS, the governing body of the Kane County Forest Preserve District has passed a resolution authorizing the execution of a Land Cash Intergovernmental Agreement with the County of Kane, a copy of which is on file at the County Clerk's office; and

WHEREAS , pursuant to said resolution , the Kane County Forest Preserve District has executed a Land Cash Intergovernmental Agreement with the County of Kane , a copy of which is also on file with the County Clerk's Office.

NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the Chairman thereof is authorized and directed to execute the Intergovernmental Agreement between the Kane County Forest Preserve District and the County of Kane.

BE IT FURTHER RESOLVED that One Hundred Ninety -three Thousand Two Hundred Fifty-five Dollars and 581100 ($ 193,255.58) be disbursed to the Kane County Forest Preserve , said funds to be paid from the Trust and Agency Fund #105 (Land Cash Ordinance). The Treasurer is hereby authorized to disburse payment to the Kane County Forest Preserve.

Passed by the Kane County Board on May 8, 2007.

John A. Cunningham Karen McConnaughay Clerk, County Board Chairman , County Board Kane County, Illinois Kane County, Illinois

Vote: Yes No Voice Abstentions

5LandCash.KCFP Page 2 of 2, Res. No . 07-158

Disbursement of Land Cash Funds, Kane County Forest Preserve District

Blackberry Township $ 11,620.58 Huntley Township (in Rutland Township) 6,890.00 Kaneville Township 24,027.00 Rutland Township 103,500.00 St. Charles Township 23,240.00 Virgil Township 23,978.00 STATE OF ILLINOIS

COUNTY OF KANE

RESOLUTION NO. 07 - 159

APPOINTMENT TO BOARD OF TRUSTEES OF THE BATAVIA TOWNSHIP AND COUNTRYSIDE FIRE PROTECTION DISTRICT (Wendy Lee)

WHEREAS, a vacancy exists in the office of Trustee of the Board of Trustees of the Batavia Township and Countryside Fire Protection District due to the expiration of the term of Wendy Lee; and

WHEREAS, the Chairman of the County Board has by law the responsibility to fill this vacancy by appointment with the advice and consent of the County Board; and

WHEREAS, Wendy Lee is a resident of the area comprising the Batavia Township and Countryside Fire .Protection District and desires to continue serving as a Trustee to said District.

NOW, THEREFORE BE IT RESOLVED by the Kane County Board that Wendy Lee, 37W986 Heaton Drive, Batavia, IL, 60510, is hereby reappointed to the office of Trustee of the Board of Trustees of the Batavia Township and Countryside Fire Protection District, such appointment to be effective immediately and expire on the first Monday in May 2010, or until her successor shall have been appointed and.qualified.

BE IT FURTHER RESOLVED that the bond of Wendy Lee is hereby fixed in the sum of $1500 with corporate surety indemnifying the People of the State of Illinois and the County of Kane.

BE IT ALSO FURTHER RESOLVED that the County Clerk forward a certified copy of this resolution to the herein named appointee and a copy to the Clerk of the Circuit Clerk, Case No. 68 MC 10368.

Passed by the Kane County Board on May 8, 2007.

John A. Cunningham Karen McConnaughay Clerk, County Board Chairman, County Board Kane County, Illinois Kane County, Illinois

Vote: Yes No Voice Abstentions

5Appt. FPDBatavia STATE OF ILLINOIS

COUNTY OF KANE

RESOLUTION NO. 07 - 160

APPOINTMENT TO BOARD OF TRUSTEES OF THE BURLINGTON COMMUNITY FIRE PROTECTION DISTRICT (Mearl Maynard)

WHEREAS, a vacancy exists in the office of Trustee of the Board of Trustees of the Burlington Community Fire Protection District due to the expiration of term for Mearl Maynard; and

WHEREAS, the Chairman of the County Board has by law the responsibility to fill this vacancy by appointment with the advice and consent of the County Board; and

WHEREAS, Mearl Maynard is a resident of the area comprising the Burlington Community Fire Protection District and desires to continue serving as a Trustee to said District.

NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that Mearl Maynard, 11 N025 Burlington Road, Hampshire, IL 60140, is hereby reappointed to the office of Trustee of the Board of Trustees of the Burlington Community. Fire Protection District, such appointment to be effective immediately and expire on the first Monday in May in the year 2010 or until his successor shall have been appointed and qualified.

BE IT FURTHER RESOLVED that the bond of Mearl Maynard is hereby fixed in the sum of $3000 with corporate surety indemnifying the People of the State of Illinois.

BE IT ALSO FURTHER RESOLVED that the Kane County Clerk forward a certified copy of this resolution to the herein named appointee and a copy to the Clerk of the Circuit Court, Case No. 68 MC 10378.

Passed by the Kane County Board on May 8, 2007.

John A. Cunningham Karen McConnaughay Clerk, County Board Chairman, County Board Kane County, Illinois Kane County, Illinois

Vote: Yes No Voice Abstentions

5Appt. FPDBurlington STATE OF ILLINOIS

COUNTY OF KANE

RESOLUTION NO. 07 - 161

APPOINTMENT TO BOARD OF TRUSTEES OF THE MAPLE PARK AND COUNTRYSIDE FIRE PROTECTION DISTRICT (Robert J . Peterson)

WHEREAS , a vacancy exists in the office of Trustee of the Board of Trustees of the Maple Park and Countryside Fire Protection District due to the expiration of term for Robert J. Peterson; and

WHEREAS , the Chairman of the County Board has by law the responsibility to fill this vacancy by appointment with the advice and consent of the County Board; and

WHEREAS , Robert J . Peterson is a resident of the area comprising the Maple Park and Countryside Fire Protection District and desires to continue serving as a Trustee to said District.

NOW, THEREFORE , BE IT RESOLVED by the Kane County Board that Robert J. Peterson , 50W372 Peterson Road , Maple Park , 1 L 60151 , is hereby reappointed to the office of Trustee of the Board of Trustees of the Maple Park and Countryside Fire Protection District, such appointment to be effective immediately and expire on the first Monday in May in the year 2010 or until his successor shall have been appointed and qualified.

BE IT FURTHER RESOLVED that the bond of Robert J. Peterson is hereby fixed in the sum of $1500 with corporate surety indemnifying the People of the State of Illinois.

BE IT ALSO FURTHER RESOLVED that the Kane County Clerk forward a certified copy of this resolution to the herein named appointee and a copy to the Clerk of the Circuit Court, Case No. 68 MC 10370.

Passed by the Kane County Board on May 8, 2007.

John A. Cunningham Karen McConnaughay Clerk, County Board Chairman , County Board Kane County , Illinois Kane County, Illinois

Vote: Yes No Voice Abstentions

5Appt.FPDMap1ePark STATE OF ILLINOIS

COUNTY OF KANE

RESOLUTION NO. 07. 162

APPOINTMENT TO BOARD OF TRUSTEES OF THE NORTH AURORA AND COUNTRYSDE FIRE PROTECTION DISTRICT (Richard Brackett)

WHEREAS, a vacancy exists in the office of Trustee of the Board of Trustees of the North Aurora and Countryside Fire Protection District due to the expiration of term for Richard Brackett; and

WHEREAS, the Chairman of the County Board has by law the responsibility to fill this vacancy by appointment with the advice and consent of the County Board; and

WHEREAS, Richard Brackett is a resident of the area comprising the North Aurora and Countryside Fire Protection District and desires to continue serving as a Trustee to said District.

NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that Richard Brackett, 113 East State Street, North Aurora, IL, 60452, is hereby reappointed to the office of Trustee of the Board of Trustees of the North Aurora and Countryside Fire Protection District, such appointment to be effective immediately and expire on the first Monday in May in the year 2010 or until his successor shall have been appointed and qualified.

BE IT FURTHER RESOLVED that the bond of Richard Brackett is hereby fixed in the sum of $1000 with corporate surety indemnifying the People of the State of Illinois.

BE IT ALSO FURTHER RESOLVED that the Kane County Clerk forward a certified copy of this resolution to the herein named appointee and a copy to the Clerk of the Circuit Court, Case No. 68 MC 10369.

Passed by the Kane County Board on May 8, 2007.

John A. Cunningham Karen McConnaughay Clerk, County Board Chairman , County Board Kane County, Illinois Kane County, Illinois

Vote: Yes No Voice Abstentions

5Appt.FPDNoAurora STATE OF ILLINOIS

COUNTY OF KANE

RESOLUTION NO. 07 - 163

APPOINTMENT TO BOARD OF TRUSTEES OF THE PINGREE- GROVE AND COUNTRYSIDE FIRE PROTECTION DISTRICT (Todd Harris)

WHEREAS, a vacancy exists in the office of Trustee of the Board of Trustees of the Pingree Grove and Countryside Fire Protection District due to the expiration of term for Todd Harris; and

WHEREAS, the Chairman of the County Board has by law the responsibility to fill this vacancy by' appointment with the advice and consent of the County Board; and

WHEREAS, Todd Harris is a resident of the area comprising the Pingree Grove and Countryside Fire Protection District and desires to continue serving as a Trustee to said District.

NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that Todd Harris, 11 N054 Flagpole Court, Elgin, IL 60123, is hereby reappointed to the office of Trustee of the Board of Trustees of the Pingree Grove and Countryside Fire Protection District, such appointment to be effective immediately and expire on the first Monday in May in the year 2010 or until his successor shall have been appointed and qualified.

BE IT FURTHER RESOLVED that the bond of Todd. Harris is hereby fixed in the sum of $2500 with corporate surety indemnifying the People of the State of Illinois.

BE IT ALSO FURTHER RESOLVED that the Kane County Clerk forward a certified copy of this resolution to the herein named appointee and a copy to the Clerk of the Circuit Court, Case No. 68 MC 10376.

Passed by the Kane County Board on May 8, 2007.

John A. Cunningham Karen McConnaughay Clerk, County Board Chairman, County Board Kane County, Illinois Kane County, Illinois

Vote: Yes No Voice Abstentions

5Appt.FPDPingree STATE OF ILLINOIS .

COUNTY OF KANE

RESOLUTION NO. 07 -164

APPOINTMENT TO BOARD OF TRUSTEES OF THE RUTLAND & DUNDEE TOWNSHIPS FIRE PROTECTION DISTRICT (Rollyn* Anderson)

WHEREAS, a vacancy exists in the office of Trustee of the Board of Trustees of the Rutland and Dundee Townships Fire Protection District due to the expiration of term for Rollyn Anderson; and

WHEREAS, the Chairman of the County Board has by law the responsibility to fill this vacancy by appointment with the advice and consent of the County Board; and

WHEREAS, Rollyn Anderson is a resident of the area comprising the Rutland and Dundee Fire Protection District and desires to continue serving as a Trustee to said District.

NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that Rollyn Anderson, 113 Rail Road, P.O. Box 101, Gilberts, IL 60136, is hereby reappointed to the office of Trustee of the Board of Trustees of the Rutland & Dundee Townships Fire Protection District, such appointment to be effective immediately and expire on the first Monday in May in the year 2010 or until his successor shall have been appointed and qualified.

BE IT FURTHER RESOLVED that the bond of Rollyn Anderson is hereby fixed in the sum of $1000 with corporate surety indemnifying the People of the State of Illinois.

BE IT ALSO FURTHER RESOLVED that the Kane County Clerk forward a certified copy of this resolution to the herein named appointee and a copy to the Clerk of the Circuit Court, Case No. 68 MC 10366.

Passed by the Kane County Board on May 8, 2007.

John A. Cunningham Karen McConnaughay Clerk, County Board Chairman, County Board Kane County, Illinois Kane County, Illinois

Vote: Yes No Voice Abstentions

5Appt.FPDRutland STATE OF ILLINOIS

COUNTY OF KANE

RESOLUTION NO. 07 - 165

APPOINTMENT TO BOARD OF TRUSTEES OF THE SOUTH ELGIN AND COUNTRYSIDE FIRE PROTECTION DISTRICT (Kenneth Cornelissen)

WHEREAS , a vacancy exists in the office of Trustee of the Board of Trustees of the South Elgin and Countryside Fire Protection District due to the expiration of term for Kenneth Cornelissen; and

WHEREAS , the Chairman of the County Board has by law the responsibility to fill this vacancy by appointment with the advice and consent of the County Board; and

WHEREAS , Kenneth Cornelissen is a resident of the area comprising the South Elgin and Countryside Fire Protection District and desires to continue serving as -a Trustee to said District.

NOW, THEREFORE , BE IT RESOLVED by the Kane County Board that Kenneth Cornelissen , 351 South Drive , South Elgin, IL 60177, is hereby reappointed to the office of Trustee of the Board of Trustees of the South Elgin and Countryside Fire Protection District, such appointment to be effective immediately and expire on the first Monday in May in the year 2010 or until his successor shall have been appointed and qualified.

BE IT FURTHER RESOLVED that the bond of Kenneth Cornelissen is hereby fixed in the sum of $2500 with corporate surety indemnifying the People of the State of Illinois.

BE IT ALSO FURTHER RESOLVED that the Kane County Clerk forward a *certified copy of this resolution to the herein named appointee and a copy to the Clerk of the Circuit Court, Case No. 68 MC 10364.

Passed by the Kane County Board on May 8, 2007.

John A. Cunningham Karen McConnaughay Clerk, County Board Chairman , County Board Kane County , Illinois Kane County, Illinois

Vote: Yes No Voice Abstentions

5Appt. FPDSoEIgin .Corneiissen STATE OF ILLINOIS

COUNTY OF KANE

RESOLUTION NO. 07- 166

APPOINTMENT TO BOARD OF TRUSTEES OF THE SOUTH ELGIN AND COUNTRYSIDE FIRE PROTECTION DISTRICT (Scott Melahn)

WHEREAS , a vacancy exists in the office of Trustee of the Board of Trustees of the South Elgin and Countryside Fire Protection District due to the expiration of term for Scott Melahn; and

WHEREAS , the Chairman of the County Board has by law the responsibility to fill this vacancy by appointment with the advice and consent of the County Board; and

WHEREAS , Scott Melahn is a resident of the area comprising the South Elgin and Countryside Fire Protection District and desires to continue serving as a Trustee to said District.

NOW, THEREFORE , BE IT RESOLVED by the Kane County Board that Scott Melahn, 9N903 Koshare Circle , Elgin, IL 60123 , is hereby reappointed to the office of Trustee of the Board of Trustees of the South Elgin and Countryside Fire Protection District, such appointment to be effective immediately and expire on the first Monday in May in the year 2010 or until his successor shall have been appointed and qualified.

BE IT FURTHER RESOLVED that the bond of Scott Melahn is hereby fixed in the sum of $2500 with corporate surety indemnifying the People of the State of Illinois.

BE IT ALSO FURTHER RESOLVED that the Kane County Clerk forward a certified copy of this resolution to the herein named appointee and a copy to the Clerk of the Circuit Court, Case No. 68 MC 10364.

Passed by the Kane County Board on May 8, 2007.

John A. Cunningham Karen McConnaughay Clerk, County Board Chairman , County Board Kane County, Illinois Kane County , Illinois

Vote: Yes No Voice Abstentions

5Appt.FPDSoE1gin.Melahn STATE OF ILLINOIS

COUNTY OF KANE

RESOLUTION NO. 07 - 167

APPOINTMENTS TO THE ADVISORY BODY FOR THE MILL CREEK SPECIAL SERVICE AREA (Karen Kosog and Mark Ruby)

WHEREAS, there exists two vacancies on the Advisory Body for the Mill Creek Special Service Area due to the expiration of terms for Karen Kosog and Mark Ruby; and

WHEREAS, both Karen Kosog and Mark Ruby desire to continue to serve as a member of the Advisory Body.

NOW, THEREFORE, BE IT RESOLVED that the Kane County Board concurs with the reappointment of Karen Kosog, 39W110 Preston Circle, Geneva, IL 60134, and Mark Ruby, ON139 Holland Lane, Geneva, IL 60134, to the Mill Creek Special Service Area Advisory Body, both terms to expire June 2009.

Passed by the Kane County Board on May 8, 2007.

John A. Cunningham Karen McConnaughay Clerk, County Board Chairman, County Board Kane County, Illinois Kane County, Illinois

Vote: Yes No Voice Abstentions

5Appts.MiIICrSSA STATE OF ILLINOIS

COUNTY OF KANE

RESOLUTION NO. 07 - 168

APPOINTMENTS TO KANE COUNTY BOARD OF REVIEW (John S. Orin and Gerald A. Jones)

WHEREAS, two (2) vacancies exist on the Kane County Board of Review due to the expiration of terms of John S. Orin, Chairman, and Gerald A. Jones, Member; and

WHEREAS, the Chairman of the Kane County Board is authorized, pursuant to 35 ILCS 200/6-5 and with the approval of the County Board,' to appoint individuals to the Kane County Board of Review.

NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that effective June 1, 2007, John S. Orin, 408 East Locust Street, North Aurora, IL 60542, and Gerald A. Jones, 2071 Sheffer Road, Aurora, IL 60504, be reappointed to the Board of Review, both terms to expire June 1, 2009.

Passed by the Kane County Board on May 8, 2007.

John A. Cunningham Karen McConnaughay Clerk, County Board Chairman, County Board Kane County, Illinois Kane County, Illinois

Vote: Yes No Voice Abstentions

SAppts.BdReview STATE OF ILLINOIS

COUNTY OF KANE

ORDINANCE NO. 07- 169

AMENDING CHAPTER 10 OF THE KANE COUNTY CODE (Fireworks)

WHEREAS, changes in fireworks definitions by the U.S. Department of Transportation, National Fire Prevention Association, the Bureau of Alcohol, Tobacco & Firearms, the Consumer Project Safety Commission, and the Occupational Safety & Health Administration have made it necessary for the County 'to update their ordinance, and

WHEREAS, it has been determined that better procedures and practices be employed in the application, review, and approval of fireworks permits.

NOW, THEREFORE, BE IT ORDAINED by the Kane County Board that Chapter 10 of the Kane County Code be amended by deleting and adding the following:

Chapter 10 FIREWORKS

ARTICLE I. IN GENERAL

Sec. 10-1. Definition:

As used in thiS Ghapter the term rr n r

I ci h lo off e...G,ih '+i nn a l ..afi .. n ln ' c %A V a u di b le ternpeFary F by

, same , r torpedoes , skyFGGkets , . , r bembs er et r

all ti me-

As used in this chapter, the following words shall have the followin g meanings:

"1.3G Fireworks'' means whose fireworks used for professional outdoor displays and classified as fireworks UN0333 ( 1.1G ), UN0334 1.2G or UN0335 1.3G by the United States Department of Transportation under 49 C.F.R. 172.101. Page 2 of 7, Ord. #07- 169

"Applicant" means an individual , firm, corporation , association partnership, comp consortium , joint venture , not-for-profit, government, or commercial entity making application for a pyrotechnic display. "Consumer Fireworks" means those fireworks that must com ply with the construction , chemical composition , and labeling regulations of the U.S. Consumer Products Safet y Commission , as set forth in 16 C.F.R. Parts 1500 and 1507, and classified as fireworks UN0336 (1 .4G) or UN0337 1.4S by the United States De partment of Trans portation under 49 C.F.R. 172.101. "Consumer Fireworks" shall not include snake or glow worm pellets; smoke devices; trick noisemakers known as ' party poppers,' 'booby traps,' 'snapper's,' `trick matches,' 'cigarette loads, ' and `auto bur lar alarms' sparklers, toy pistols, to canes , to guns, or other devices in which paper or plastic caps containing- twenty-five hundredths ( .25) grains or less of ex plosive compound are used , provided they are so constructed that the hand cannot come in contact with the ca p when in place for the explosion; and toy pistol paper or plastic caps that contain less than twenty-hundredths ( .20) grains of explosive mixture; the sale and use of which shall be permitted at all times. " "Consumer Fireworks Dis play or "Consumer Display" means the detonation , ignition , or deflagration of Consumer Fireworks to produce a visual or audible effect. "Display Fireworks" means 1.3G or S pecial Effects Fireworks or as further defined in the Pyrotechnic Operator Licensing-Act of Illinois. "Flame effect" means the detonation , ignition , or deflagration of flammable gases, li uids or special materials to produce a thermal , physical , visual , or audible effect before the public, invitees, or licensees, regardless of whether admission is charged , in accordance with National Fire Protection Association 160 guidelines, and as may be further defined in the Pyrotechnic Operator Licensing Act of Illinois.

"Lead P rotechnic Operator" means an individual who is responsible for the safety, setup, and discharge of the Pyrotechnic Dis play and who is licensed pursuant to the Pyrotechnic Operator Licensing Act of Illinois.

"Owner" means' an individual , firm, corporation , association , partnership, company, consortium , joint venture, not-for-profit, government, or commercial entity who owns the Property on which a pyrotechnic display will be held. "Person" means an individual , firm, corporation , association , partnershi p, company, consortium , joint venture, not-for-profit, government, or commercial entity. "Pyrotechnic Display" means the detonation , i nition or deflagration of Dis play Fireworks or flame effects to produce visual or audible effects of an exhibitional nature before the public, invitees, or licensees , regardless of whether admission is charged , and as may be further defined in the Pyrotechnic Operator Licensing Act of Illinois. Pyrotechnic displays may include Consumer Fireworks.

"Pyrotechnic Distributor" means any person , company, association , group of persons , or corporation who distributes dis play fireworks for sale in the State of Illinois or provides them as part of a rotechnic dis play service in the State of Illinois or provi es only Pyrotechnic services. Page 3 of 7 , Ord. #07-169

"Special Effects Fireworks" means Pyrotechnic devices used for s pecial effects by professionals in the performing arts in conjunction with theatrical , musical , or other productions that are similar to Consumer Fireworks in chemical compositions and construction , but are not intended for consumer use and are not labeled as such or identified as "intended for indoor use.". "Special Effects Fireworks" are classified as fireworks UN0431 (1.4G) or UN0432 (.1.45) by the United States Department of Transportation under 49 C.F.R. 172.101.

"Display Site" means the immediate area where a fireworks display. is conducted and includes the discharge site, the fallout area , and the re uired se paration distance from the mortars to spectator viewing areas."

"Fallout Area" means the areas over which aerial shells are fired and is the location where a typical aerial shell dud falls to the ground depending on the wind and the an gle or mortar placement."

"Discharge Site" means the immediate area surroundin g the fireworks mortars."

Sec. 10-2 . . Reserved

L.e orl h o n .Jo The R Oti Ge shall state th e size e

ARTICLE II. PERMITS

Sec. 10-16. Generally:

A. Consumer displays are hereby prohibited unless performed by a Lead Pyrotechnic; Operator as part of a Pyrotechnic Display.

B. Permits for pyrotechnic displays shall hereafter be granted under the following rules and regulations:

(1) Every pyrotechnic display service must be Provided b a pyrotechnic distributor licensed in the State of Illinois, and. every pyrotechnic display of -#ve o rks shall be er edd by a compe tent person who is conducted by licensed s a lead pyrotechnic operator licensed by the State of Illinois. Any and all assistants must be at least 18 years of age, - - aeef

area of dis pla y . Every such pyrotechnic display shall be of such a character and so located, discharged or fired by the person named in the application for a . permit as .not to be hazardous to property or endanger person or persons ; spectators must be separated from the pyrotechnic display by suitable barrier; if the pyrotechnic display is on an island , no boats carrying people shall be permitted within five hundred feet (500') of the bank from which the pyrotechnic display takes place; e'G!eGk P.M. No fireworks shall be discharged , ignited or exploded within six hundred feet (600') of any hospital , asylum or infirma . Indoor pyrotechnic displays and/or indoor special effects fireworks are prohibited . Sparklers and the use of s parklers are prohibited. Page .4 of 7, Ord. #07-169

(2) Single event, one day permits may be granted hereunder to any groups of three ( 3) or Fn qualified person. Every such application and permit shall name both the person sponsoring the event, the lead Pyrotechnic operator conductin g the display, and the property owner if different than the a pplicant.

(3) Multievent, one year permits may be granted hereunder to any qualified person, firm or corporates for a fireworks pyrotechnic display on behalf of any professional, semiprofessional or amateur sporting organization that holds regularly scheduled sporting events at an established outdoor sporting facility. Sporting facilities include, but may not necessarily be limited to: baseball, football, polo or soccer fields, race tracks, and golf courses. Every such application and permit shall name both the person, fiFm or sponsoring the events, the Pyrotechnic distributor, the lead pyrotechnic operator conducting the pyrotechnic displays, sponsoring and the organization property owner if different than the applicant.

(4) Application for permits for pyrotechnic displays shall be made in writing to the chairman of the county board at least fifteen (15) days in advance of the date of the pyrotechnic display and action shall be taken on such application within forty- eight (48) hours after such application is made.

(5) Application for a permit shall state the full name and address of each applicant person submitting an application; the date and exact location of the site where the pyrotechnic display will be conducted and in the case of a single event, one day permit, two (2) alternate dates on which said Pyrotechnic display may be conducted in case of cancellation due to inclement weather and in the case of a multievent, one year permit the schedule of sporting events shall be provided; the name and address of the owner of the site at which the pyrotechnic display is to take place; the name and address of the, person c^v ng conducting the pyrotechnic display and all persons who will handle the pyrotechnic display; a statement that the pyrotechnic display will be conducted in strict adherence to the county rules and regulations pertaining to rotechnic displays. and to state and federal laws pertaining to the use of fireworks; a list of fireworks to be displayed to include the number, class, division, and which shall at a minimum include the maximum size of the fireworks to be displayed; a site plan showing details of the display area, discharge site, and fallout area; the name and address of the fire department or fire protection district servicing the site at which the pyrotechnic display is, to be conducted; and such other relevant information as the county board chairman or his or her designee may reasonably require.

(6) A multievent, one year permit shall be purely a personal privilege, good for not to exceed one year after issuance, unless sooner revoked and shall not constitute property, nor shall it be subject to attachment, garnishment, or execution, nor shall it be alienable or transferable, voluntary or involuntary, or subject to being encumbered or hypothecated. Such license shall not descend by the laws of testate or intestate devolution, but it shall cease upon the death of the licensee. A multievent, one year permit shall stipulate the following:

(a) that all displays of any nature whatsoever be concluded by 10:30 pm, (b) shall not be permitted after 7:30 pm the evening before the public schools located in the location of the pyrotechnic display will be in session with the exception of Memorial Day, and Page 5 of 7, Ord. #07-169

(c) Any further conditions or restrictions, including but not limited to, special provisions for audible and visual fireworks, as may be reasonably determined by the County Board Chairman based upon the location of the venue and the character of the surrounding area.

A multievent, one year permit may be suspended or revoked by the chairman of the county board upon good cause shown. In addition to or in lieu of any suspension or revocation, the Chairman may impose a fine on the applicant; owner, operator, or any or all of them, in the maximum amount of five hundred ($500) dollars for each violation. Notwithstanding any language herein to the contrary, all multievent, one year permits shall expire and may be renewed commencing May 1 of each year.

(7) Every. applicant shall file with the application for a permit a certificate of any insurance carrier duly authorized to do business in this state certifying that it has issued to or for the benefit of the applicant and the named person conducting the Pyrotechnic Display a liability policy or policies covering any liability for money damages thereafter incurred by said persons resulting from the conduct or operation of the fireworks pyrotechnic display for which a permit is issued hereunder in the amount of at least not less than one million dollars ($1,000,000.00) for bodily injury to or death of any person and for damage to property conditioned upon compliance with the provisions of state law and the regulations of the state fire marshal adopted hereunder.

A co of the application for a pyrotechnic display shall also be submitted to the fire de partment or fire protection district servicing the site at which the pyrotechnic display is to be conducted together with all of the supporting documentation to insure the public health and safety includin g but not limited to a site plan and traffic, parking and crowd control plan. The fire chief of the fire de partment or fire protection district or his/her designee shall inspect. the display site and ensure that the pyrotechnic dis play can be performed in full compliance with the National Fire Protection Association (NFPA) 11 23. standards adopted and amended b y the Office of the State Fire Marshal Rules for the type of pyrotechnic display to be performed and shall not be hazardous to property or endanger any person or persons. A copy of the inspection report and/or a permit indicating the display can be performed in full compliance with NFPA standards signed by the fire department or fire protection district havin g authority to inspect the premises shall be filed with the County upon completion of the inspection. In addition to the regulations and requirements of this code and an y other state regulations, every application a.- for permit hereunder shall comply with the rules and regulations of the local fire department or fire protection district servicin g the site at which a pyrotechnic display is to be conducted GOverage. F 0Q chairman

(9) Every firewei: or pyrotechnics display may be conducted under the supervision of the chief of the applicable fire department , or his designee , who is authorized to suspend or terminate the pyrotechnic display if adverse conditions arise from the improper handling or discharge of fireworks, crowd conditions , or adverse weather conditions.

(10) No single event one day pyrotechnic display shall be conducted after 11:00 P .M. and shall not be permitted after 7 :30 pm the evenin g . before the public schools in the location of the pyrotechnic dis play will be in session with the exception of Memorial Day. Any further conditions or restrictions , including but not limited to, special provisions for audible and visual Page 6 of 7, Ord. #07-169 fireworks, as may be reasonably determined by the County Board Chairman based u pon the location of the venue and the character of the surrounding area may be imposed.

Sec. 10- 17. Issuance:

Permits issued hereunder shall be issued by the chairman of the county board or his/her designee and shall bear the signature of the chairman of the county board or its facsimile. The

Sec. 10-18. Notification to County and Office of the Illinois State Fire Marshal:

( 1 ) The permit holder shall notify the County within 24 hours of any incidents as follows: (a a fire; (b) an inju to any person resulting from the display; (c) damage to pro ert in excess of five hundred dollars ($500), in the aggregate, resulting, from the display. (2) The County shall noti the Office of the Illinois State Fire Marshal of any fire. in`u to person , or damage to property in excess of 500 that resulted from the pyrotechnic dis play by telephone or in writi ng within three (3) days after learnin g of the incident. Sec. 10-19. Transfer:

Permits issued hereunder are not transferable.

Sec. 10-20. Fees:

A nonrefundable fee of one hundred dollars ($100.00) shall be paid by the applicant to the county at the time of the filing of each application for a single event, one day permit hereunder. A nonrefundable fee of one thousand five hundred dollars ($1,500.00) shall be paid by the applicant to the county at the time of the filing of each application for a multievent, one year permit hereunder. Applicant shall, also pay any fees of the applicable fire department or fire protection district.

Sec. 10-21. Penalties: Any person, firm or corporation found guilty of violating any provision of this chapter, including the operator, owner, and/or applicant, shall be fined not less than five hundred dollars ($500.00) for each offense, in addition to any penalties or remedies provided by state law, and all such remedies shall be cumulative. Each day that a violation continues shall be considered a separate offense.

Sec. 10-22. Severability: If any section , portion or provision of this chapter is construed to be invalid or void it shall not affect the remaining sections, portions or provisions which shall remain in full force and effect thereafter. Page 7 of 7, Ord. #07169

Passed by the Kane County Board on May 8, 2007.

John A. Cunningham Karen McConnaughay Clerk, County Board Chairman, County Board Kane County, Illinois Kane County, Illinois

Vote: Yes No Voice Abstentions .

5Fireworks STATE OF ILLINOIS

COUNTY OF KANE

ORDINANCE NO. 07 -170

ESTABLISHING ALLOWABLE NUMBER OF LIQUOR LICENSES

WHEREAS , Hoppers Bar B Que , LLC, located at 40 W188 Campton Crossing Drive , Campton Township, has applied for a Class A liquor license, and

WHEREAS , the maximum allowable number of Class A liquor licenses for Campton Township is currently 3 and would need to be changed to 4.

NOW, THEREFORE, BE IT ORDAINED by the Kane County Board that the allowable number of liquor licenses in Kane County be fixed as follows:

TOWNSHIP CLASS A CLASS A-1 CLASS B CLASS C CLASS C-1 CLASS D

AURORA 5 0 0 1 0 0 BATAVIA 0 0 0 2 0 0 BIG ROCK 0 0 0 0 0 0 BLACKBERRY 5 0 0 0 0 0 BURLINGTON 0 0 0 0 0 0 CAMPTON 34 0 1 0 0 0 DUNDEE 2 1 0 0 0 0 ELGIN 1 1 0 1 0 0 GENEVA 1 0 1 0 0 1 HAMPSHIRE 0 0 0 0 0 0 KANEVILLE 0 0 0 0 0 0 PLATO 0 0 1 0 0 0 RUTLAND 1 0 1 0 0 0 ST. CHARLES 3 0 1 0 0 0 SUGAR GROVE 0 0 1 0 0 0 VIRGIL 4 0 0 0 0 0

Passed by the Kane County Board on May 8, 2007.

John A. Cunningham Karen McConnaughay Clerk, County Board Chairman, County Board Kane County, Illinois Kane County, Illinois

Vote: Yes No Voice Abstentions

5LiquorLicenses STATE OF ILLINOIS

COUNTY OF KANE

RESOLUTION NO. 07 - 171

AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF KANE AND THE VILLAGE OF CAMPTON HILLS FOR BUILDING CODE INSPECTIONS BY THE KANE COUNTY DEVELOPMENT DEPARTMENT

WHEREAS, Article VII, §10 of the 1970 Illinois Constitution permits units of local government to contract and otherwise associate among themselves to obtain and share services; and

WHEREAS, the newly incorporated Village of Campton Hills desires to use the plan review and inspection staff of the County Development Department for inspections under its building code within the boundaries of the Village; and

WHEREAS, it is anticipated that the Village trustees will pass and sign an ordinance and agreement at their initial meeting on May 16, 2007, and will request that the Chairman of the Kane County Board sign the agreement as passed by the Village.

NOW, THEREFORE, BE IT RESOLVED that in consideration of the mutual promises contained in the agreement passed by the Village, the Kane County Board gives authorization to the Chairman to sign the intergovernmental agreement between the County of Kane and the Village of Campton Hills, a copy of which is on file with the Kane County Clerk, for Building Code Inspections by the Kane County Development Department.

Passed by the Kane County Board on May 8, 2007.

John A. Cunningham Karen McConnaughay Clerk, County Board Chairman, County Board Kane County, Illinois Kane County, Illinois

Vote: Yes No Voice Abstentions

51GA-Campton STATE OF ILLINOIS

COUNTY OF KANE

RESOLUTION NO. 07 - 1 72

BUDGET ADJUSTMENT FOR THE CAPITAL IMPROVEMENT FUND BOND PROCEEDS AND RELATED EXPENSES

WHEREAS, the Kane County Board adopted Resolution No . 07-48, authorizing a five -year capital improvement program and budget , and Resolution No. 07-68 authorizing the sale and issuance of $11,345,000 general obligation limited tax funds to fund said capital improvement program; and

WHEREAS, the FY07 budget did not include the expenditure of said capital improvement funds in the budget or the associated bond transactions, and

WHEREAS, this resolution amends the FY07 budget to incorporate the expenditure of said funds consistent with the budget included with Resolution No. 07-48.

NOW, THEREFORE BE IT RESOLVED by the Kane County Board that the FY07 budget is amended as follows:

043-0000-311.28-04 Bond Proceeds $11,345,000 043-0000-311.28-20 Premium on Bonds $ 38,659

043-1086-411.50-14 Contracts & Consulting $ 450,000 043-1086-411.70-21 Building Improvements $ 5,716,900 043-1086-411.70-33 Building Construction $ 5,107,100 043-1086-411.70-62 Bond Issuance Costs $ 109,659

Line item Line Item Description Was Are funds currently If funds are not currently personnel/item/service available for this available in the specified approved in original personnel/item/service line item, where are the budget or a in the specified line funds available? subsequent budget item? revision? 043-1086-411.50-14 Contracts & Consulting No No 043-0000-311.28-04 043-1086-411.70-21 Bldg Improvements (Bond Proceeds) & 043-1086-411.70-33 Bldg Construction 043-0000-311.28-20 043-1086.411.70-62 Bond Issuance Costs (Premium on Bonds )

Passed by the Kane County Board on May 8, 2007.

John A. Cunningham Karen McConnaughay Clerk, County Board Chairman, County Board Kane County, Illinois Kane County, Illinois

Vote: Yes No Voice Abstentions 5Bdgt-Capital STATE OF ILLINOIS

COUNTY OF KANE

RESOLUTION NO. 07 - 173

BUDGET ADJUSTMENT FOR THE COURT SECURITY FUND BOND CALL

WHEREAS, Court Security Deputies are now working the bond call details at the jail for weekends and holidays; and

WHEREAS, nothing was budgeted in the FY2007 budget for these additional bond call details; and

WHEREAS, the Court Security fee increase passed by the Board in January 2007, Resolution No. 07-31, will be more than sufficient to cover the cost of these details.

NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the following budget adjustment be made to the FY2007 budget to reflect the- cost of bond call details at the jail for weekends and holidays:

063-7030-711.40-71 (Bond.Call) $20 ,000 063-7030-711.40-90 (IMRF) $ 1,704 063-7030-7.11.40-92 (FICA/SS) $ 1,530 063-7030-711.50-07 (insurance Liability) $ 470 063-7030-711.50-08 (Workers Comp) $ 368 063-7030-711.50-09 (Unemployment) $ 38

063-0000-311.16-99 (Court Security Fees) . $24,110

Line item Line Item Description Was Are funds currently If funds are not currently personnel/item/service available for this available in the specified line approved in original personnel/item/service item, where are the funds budget or a in the specified line available? subsequent budget item? revision? 063-7030-711.40-71 Bond Call No No 063-0000-311.16-99 063-7030-711.40-90 IMRF (Court Security Fees) 063-7030-711.40-92 FICA/SS 063-7030-711.50-07 Insurance Liability 063-7030-711.50-08 Workers Comp 063-7030-711.50-09 Unemployment

Passed by the Kane County Board on May 8, 2007.

John A. Cunningham Karen McConnaughay Clerk, County Board Chairman, County Board Kane County, Illinois Kane County, Illinois

Vote: Yes No Voice Abstentions 5Bdgt-BondCall STATE OF ILLINOIS

COUNTY OF KANE

ORDINANCE NO. 07 - 174

REPEALING SEC. 2-196(a) OF THE KANE COUNTY CODE AND REPLACING IT WITH A NEW SEC. 2-1 96 (a) (DEPOSITORIES FOR FUNDS OF COUNTY TREASURER/COLLECTOR)

WHEREAS, David J. Rickert, Treasurer and ex-officio Collector of the County of Kane, State of Illinois, pursuant to Statutory authority, has requested this County Board to designate a bank, banks or other depository in which the funds or monies in his custody as, County Treasurer and ex-officio Collector of this County may be deposited:

NOW, THEREFORE, BE IT ORDAINED by the Kane County Board that Section 2-196(a) of the Kane County Code shall be repealed and that it is hereby replaced with a new Sec. 2-196(a) which shall read as follows:

Sec. 2-196. Depositories for funds of the County Treasurer/Collector.

(a) The following are hereby designated depositories for County Funds and monies which are in custody of David J. Rickert, Treasurer and ex-officio County collector of the County of Kane:

AURORA TOWNSHIP BATAVIA TOWNSHIP Amcore Bank LaSalle Bank Association Associated Bank Old Second Bank Corp Aurora Burlington No. Credit Union Valley Community Bank Banco Popular Washington Mutual Bank Bank of America Bank of Montgomery GENEVA TOWNSHIP Benchmark Bank American Bank & Trust Fifth Third Bank Bank of America First American Bank Charter One Bank- First Bank - Continental Community Fifth Third Bank First Midwest Bank First American Bank Guaranty Bank First Choice Bank Harris Bank Hinsbrook Bank & Trust JP Morgan Chase Bank (BankOne) JP Morgan Chase Bank (Bank One) Kane County Teacher's Credit Union Kane County Teachers Credit Union Marquette Bank Old Second Bank Corp MB Financial Park National Bank National City State Bank of Geneva Old Second Bank Corp The Private Bank & Trust U.S. Bank U.S. Bank Valley Community Bank Valley Community Bank Washington Mutual Bank Washington Mutual Bank West Suburban Bank ST. CHARLES TOWNSHIP BATAVIA TOWNSHIP Amcore Bank American Bank & Trust American Bank & Trust Bank of America Benchmark Bank Fifth Third Bank Charter One Bank Harris Bank Fifth Third Bank JP Morgan Chase Bank (Bank One) First American Bank Page 2 of 3 , Ord. #07-174

ST. CHARLES TOWNSHIP DUNDEE TOWNSHIP Harris Bank Amcore Bank JP Morgan Chase Bank (Bank One) Bank of America LaSalle National Bank Cardunal Savings Bank MB Financial First American Bank National City JP Morgan Chase Bank (Bank One) Old Second. Bank Corp Mid America Bank The Private Bank & Trust Co. Parkway Bank US Bank National Association Valley Community Bank HAMPSHIRE TOWNSHIP Washington Mutual Bank Cardunal Savings Bank. West Suburban Bank Citizens First National First American Bank BLACKBERRY TOWNSHIP Old Second Bank Corp American Bank & Trust Fifth Third Bank SUGAR GROVE TOWNSHIP Old Second Bank Corp American Heartland Bank & Trust Bridgeview Bank Group ELGIN TOWNSHIP Castle Bank Amcore Bank Fifth Third Bank American Eagle Bank Old Second Bank Corp Associated Bank Bank of America RUTLAND TOWNSHIP Charter One Bank Citizens First National Citicorp Trust Banks FSB First National Bank / Huntley Elgin State Bank Harris Bank Fifth Third Bank Mid America Bank First Community Bank First Federal Savings Bank KANEVILLENVIRGIL TOWNSHIP Harris Bank Old Second Bank Corp JP Morgan Chase Bank (Bank One) Kane County Teachers Credit Union BURLINGTON TOWNSHIP LaSalle National Bank Old Second Bank Corp Mid America Bank Old Second Bank Corp OTHERS Royal American Bank Bridgeview Bank Group State Bank of Illinois Suburban Bank & Trust Company Union National Bank Vining Sparks IBG, L.P. U.S. Bank The Illinois Funds Washington Mutual Bank Financial Investors Trust West Suburban Bank Official Payment Corp.

This ordinance shall be effective upon passage by the Kane County Board. Page 3 of 3, Ord. #07-174

Passed by the Kane County Board on May 8, 2007.

John A. Cunningham Karen McConnaughay Clerk, County Board Chairman, County Board Kane County, Illinois -Kane County, Illinois

Vote: Yes No Voice Abstentions

5Depositories STATE OF ILLINOIS

COUNTY OF KANE

RESOLUTION NO. 07 - 175

BUDGET ADJUSTMENT FOR SHERIFF 'S OFFICE AND E911 HEALTH AND DENTAL

WHEREAS, an error was made splitting health and dental insurance between the Sheriff's (001- 7010) and E911 (001-7015) budgets in the FY2007 budget; and

WHEREAS, the error needs to be adjusted to reflect the true estimate of health and dental for those budgets.

NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the following budget adjustment be made to the FY2007 budget to reflect the true health and dental estimate for the Sheriff's and E911 budget:

001-7010-711.40-94 (Health Insurance ) +$640,000 001-7010-711.40-95 (Dental Insurance ) +$ 21,000

001-7015-711.40-94 ( Health Insurance) ($640,000) 001-7015-711.40-95 ( Dental Insurance) '($ 21,000)

Line item Line Item Description Was Are funds currently . If funds are not currently personnel/item/service available for this available in the specified line approved in original personnellitemiservice item, where are the funds budget or a in the specified line available? subsequent budget item? revision? 001-7010-711.40-94 Health Insurance No No 001-7015-711.40-94 001-7010-711.40-95 Dental Insurance (Health Insurance) & 001-7015-711-40-95 Dental Insurance

Passed by the Kane County Board on May 8, 2007.

John A. Cunningham Karen McConnaughay Clerk, County Board Chairman, County Board Kane County, Illinois Kane County, Illinois

Vote: Yes No Voice Abstentions

SBdgt-Sheriff STATE OF ILLINOIS

COUNTY OF KANE

RESOLUTION NO. 07 - 176

REQUESTING THE MAINTENANCE OR REDUCTION OF TAX EXTENSION RATES AND AMOUNT OF CERTAIN LEVIED FUNDS

WHEREAS, 35 ILCS 200118-195 provides that taxing bodies may request reduction of specific funds when it appears that the aggregate tax extension requires reduction of the extension of certain funds in order to comply with terms of the Property Tax Extension Limitation Act (35 ILCS 200/18-185).

NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the Kane County Clerk is hereby requested to maintain or reduce the tax extension rates and amounts of the following levied funds if it appears that it is necessary to do so in order to comply with the Property Tax Limitation Act.

2006 Kane County Tax Extension Allocation CAPPED FUNDS AMOUNT RATE 001 Corporate 24,500,056-04 0.181337 021 IMRF 4, 893, 607.10 0.036220 023 Social Security 3,279,068.03 0.024270 026 Liability Insurance 2, 944, 540.95 0.021794 031 County Highway 5,850,035.72 0.043299 032 County Bridge 305, 073.57 0.002258 034 Highway Matching 64, 986.89 0.000481 041 ,Health Department 1,940,01 3.92 0.014359 042 Capital Improvement Bonds 2,544,756.75 0.018835 045 Veterans Commission 315,071.56 0.002332

TOTAL LEVIES 46,637,210.53 0.345185

Passed by the Kane County Board on May 8, 2007.

John A. Cunningham Karen McConnaughay Clerk, County Board Chairman, County Board Kane County, Illinois Kane County, Illinois

Vote: Yes No Voice Abstentions

5TaxExtension STATE OF ILLINOIS

COUNTY OF KANE

RESOLUTION NO. 07 - 177

AUTHORIZING PURCHASE OF PROGRAM SUPPLIES FOR SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN INFANTS CHILDREN (WIC) GRANT BY KANE COUNTY HEALTH DEPARTMENT INCLUDING BUDGET AMENDMENT

WHEREAS, the State of Illinois Department of Human Services has significantly increased the Supplemental Nutrition Program for Women, Infants, and Children (WIC) grant to the Kane County Health Department in state fiscal year 2007; and

WHEREAS, consistent with this grant increase, the Kane County Health Department has determined that it is necessary and desirable, and in the best interests of the citizens of Kane County to increase its capacity to supply services under the Supplemental Nutrition Program for Women, Infants, and Children (WIC) grant; and

WHEREAS, under the WIC grant, the Kane County Health Department is obligated to provide support and education in the area of breast feeding; and

WHEREAS, the Kane County Health Department desires to purchase education materials, supplies, and equipment to support its efforts in breast feeding education and promotion from Medela, Inc. of Chicago, IL; and

WHEREAS, the applicable budget expenditure line items need to be adjusted to properly account for this purchase.

NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the Kane County Health Department is authorized to purchase the required goods in the amount of Sixteen Thousand Seven Hundred Fifty Two Dollars and Forty Cents ($16,752.40) from Medela Inc. of Chicago, IL. Funds will be expended from the Public Health Fund.

NOW, THEREFORE, BE IT FURTHER RESOLVED by the Kane County Board that the following adjustments be made to the FY 2007 budget.

041-7812-715.40-01 (Full-time Salaries ) (-) $ 16,752 041-7812-715.60-20 ( Program Supplies ) (+)$ 16,752

Was Are funds currently If funds are not currently personnel/item/service available for this available in the specified Line item Line Item Description approved in original personnel/item/service line item, where are the budget or a subsequent in the specified line funds available? budget revision? item? 041-7812-715.60-20 Pro ram Supplies No No 041-7812-715.40-01 Page 2 of 2, Res. #07-177

Passed by the Kane County Board on May 8, 2007.

John A. Cunningham Karen McConnaughay Clerk, County Board Chairman, County Board Kane County, Illinois Kane County, Illinois

Vote: Yes No Voice Abstentions

5WIC STATE OF ILLINOIS

COUNTY OF KANE

RESOLUTION NO. 07 - 178

PUBLIC SAFETY RADIO EQUIPMENT (Information Technologies Department)

WHEREAS, the Kane County Information Technologies Department is responsible for proper maintenance, support, and operation of public safety radio systems and services; and

WHEREAS, the Sheriff's Department's radio systems for dispatch services do not meet the service level requirements; and

WHEREAS, the Sheriff's Department requires new radio equipment to maintain the level of service necessary for dispatch services of first responders in emergencies; and

WHEREAS, the Information Technology Department recommends the replacement of critical radio systems supporting dispatch services to support minimum service level requirements; and

WHEREAS, the State of Illinois, Department Central Management Services through a joint purchasing agreement (CMS Contract #4102776) has obtained competitive pricing from a Motorola radio reseller that meets the service level requirements; and

WHEREAS, the Information Technologies Department recommends the purchase of said radio equipment as specified by a Motorola radio reseller at a cost of One Hundred Eighty Six Thousand Nine Hundred Sixty Five Dollars ($186,965.00); and

WHEREAS, unencumbered funds are available in the Capital Project Fund for this project.

NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the Information Technologies Department is authorized to purchase said radio equipment and installation services from an authorized Motorola reseller at a cost of One Hundred Eighty Six Thousand Nine Hundred Sixty Five Dollars ($186,965.00) to be paid from the Capital Projects Fund line item 025-1080-412.70-11 (Communications Equipment).

NOW, THEREFORE, FURTHER BE IT RESOLVED by the Kane County Board that the 2007 fiscal budget be amended as follows to reflect the above purchase:

025-0000-399.39-99 Cash on Hand +$186,965 025-1080-412.70-11 Communications Equipment +$186,965

Line item Line Item Description Was Are funds currently If funds are not currently personnel/item/service available for this available in the specified approved in original personnel/item/service line item, where are the budget or a in the specified line funds available? subsequent budget item? revision? 025-1080-412.70-11 Communications Equipment No No 025-0000-399.39-99 Cash on Hand Page 2 of 2, Res. #07-178

Passed by the Kane County Board on May 8, 2007.

John A. Cunningham Karen McConnaughay Clerk, County Board Chairman, County Board Kane County, Illinois Kane County, Illinois.

Vote: Yes No Voice Abstentions

5RadioEquipment STATE OF ILLINOIS

COUNTY OF KANE

RESOLUTION NO. 07 - 179

. A RESOLUTION RETAINING THE PAR GROUP FOR RECRUITMENT SERVICES FOR THE DIRECTOR OF PURCHASING POSITION

WHEREAS, the right candidate for the Director of Purchasing position is vital to the County's long- term goal of a centralized, efficient purchasing process; and

WHEREAS, utilizing a search firm can help find the right candidate for this position by proactively recruiting for the position and assisting the County from beginning to end in this process, handling all administrative details and general screening of the candidates; and

WHEREAS, the PAR Group is an executive search and consulting firm that consults exclusively in the public sector, serving the needs of local government nationwide with corporate offices located in suburban Chicago; and

WHEREAS, the Kane County Board has found and. determined that it is in the best interests of the County to retain services of The PAR Group to provide recruitment. services for the Director of Purchasing position.

NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that The PAR Group be retained for recruitment services for the Director of Purchasing position at an amount not to exceed $14,500 in professional fees and $5 ,500 in reimbursable expenses and verifications , with a total not to exceed of $20,000.

Line item Line Item Description Was Are funds currently If funds are not currently personnel/item/service available for this available in the specified line approved in original personnellitem/service item, where are the funds budget or a in the specified line available? subsequent budget item? revision? 001-2010-412.50-14 Contracts & Consulting No Partially 001-2010-412.40-01 Full-Time Salaries

Passed by the Kane County Board on May 8, 2007.

John A. Cunningham Karen McConnaughay Clerk, County Board Chairman, County Board Kane County, Illinois Kane County, Illinois

Vote: Yes No Voice Abstentions

5PAR STATE OF ILLINOIS

COUNTY OF KANE

RESOLUTION NO. 07 - 180

AMENDING CONTRACT FOR ADDITIONAL PROFESSIONAL SERVICES WITH VOORHIS/ROBERTSON JUSTICE SERVICES, INC.

WHEREAS, the Kane County Board has adopted the FY 2007 budget which establishes and includes the Adult Justice Center Transition Budget and includes appropriate funds for Voorhis- Robertson Justice Services, Inc. to provide consulting services during the planning, design and construction phase of the Adult Justice Center; and

WHEREAS, the County Board has determined it is necessary and desirable to enter into a contract for additional professional services in connection with the transition into the Adult Justice Center and the Jail Population Management Committee in an amount not to exceed $260,798 for services to assist with said scope of work.

NOW, THEREFORE BE IT RESOLVED by the Kane County Board that the Chairman thereof is authorized to enter into a contract (a copy of which shall be filed with the Kane County Clerk) with Voorhis/Robertson Justice Services, Inc., for professional services for the Adult Justice Center Transition in the amount not to exceed Two Hundred Sixty Thousand Seven Hundred Ninety Eight Dollars ($260,798). Contract costs shall be paid from 001-1015-411.50-14 (Contracts and Consulting). Said contract shall be on file with the County Auditor.

Line item Line Item Description Was Are funds currently if funds are not currently personnel/item/service available for this available in the specified approved in original personnel/item/service line item, where are the budget or a in the specified line funds available? subsequent budget item? revision? 001-1015-411.50-14 Contracts & Consultin Yes Yes

Passed by the Kane County Board on May 8, 2007.

John A. Cunningham Karen McConnaughay Clerk, County Board Chairman, County-Board Kane County, Illinois Kane County, Illinois

Vote: Yes No Voice Abstentions

5VRJScontract STATE OF ILLINOIS

COUNTY OF KANE

RESOLUTION NO. 07 - 181

EXTENSION OF SEX OFFENDER TREATMENT SERVICE CONTRACT (Kane County Court Services)

WHEREAS, Kane County Court Services has for seven years contracted for services for therapy for sex offenders through Kids Hope United (formerly Central Baptist Family Services); and

WHEREAS, Kids Hope United was the sole bidder responding to RFP-ACS2-Sex Offender-07 for provision of therapy for sex offenders; and

WHEREAS, Kids Hope United has become an integral part of the Kane County Court Services Sex Offender Containment Team.

NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that a contract be established between Kane County Court Services and Kids Hope United for the provision of sex offender therapy, to commence July 1, 2007 through June 30, 2009, with an option to extend the agreement for a period of one year.

BE IT FURTHER RESOLVED, that the maximum allowable per year on this contract is Seventy Thousand Dollars ($70,000).

Line item Line Item Description Was Are funds currently If funds are not personnellitem/service . available for this currently available in approved in original personnel/item/service the specified line item, budget or a subsequent in the specified line where are the funds budget revision? item? available? 067-6013-611.50-95 Other Contractual Ex enses Yes Yes

Passed by the Kane County Board on May 8, 2007.

John A. Cunningham Karen McConnaughay Clerk, County Board Chairman, County Board Kane County, Illinois Kane County, Illinois

Vote: Yes No Voice Abstentions

5SexOffenders STATE OF ILLINOIS

COUNTY OF KANE

RESOLUTION NO. 07 - 182

AUTHORIZING PURCHASE OF ELECTRICAL AND TELECOMUNICATION CONTRACTING SERVICES FOR CONSOLIDATION OF HEALTH DEPARTMENT ELGIN FACILITIES AT 107-113 S. GROVE AND 115 S. GROVE SUITES 205 & 209

WHEREAS, the Kane County Health Department has determined that it is necessary and desirable and in the best interests of the citizens of Kane County to consolidate and improve Health Department facilities serving the northern half of Kane County in the city of Elgin. This includes closing the Health Department facility at 76 S. Grove, and moving staff to the current 107-113 S. Grove location, and newly leased space at 115 S. Grove, Suites 205 & 209; and

WHEREAS, the County Board of the County of Kane has previously approved Resolution.No. 06-497 which authorized the Chairman to enter into a 3 year lease for this space; and

WHEREAS, the Chairman has executed this lease agreement, and the Health Department has devised plans to prepare and furnish these facilities so that staff can deliver services to the citizens of Kane County; and

WHEREAS, the Health Department, has entered into an agreement with Interiors For Business Inc. to acquire necessary office furniture to effect the move into the newly leased space; and

WHEREAS, the Health Department, in cooperation with the county Purchasing Department, the county Buildings and Grounds Department, and the .county Information Technology Department, desired to procure an electrical contractor to perform work as specified in a Request For Proposals document prepared by the cooperating departments; and

WHEREAS, the lowest responsible bid of the five competent bid documents submitted was received from Teleplus Inc of Addison, IL in the amount of $12,703.

NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the Chairman of the Kane County Board is authorized to execute, for and on behalf of the Kane County Health Department, an agreement with Teleplus Inc of Addison, IL in the amount of $12,703 for electrical and telecommunications work as specified, at 107-113 S Grove, and 115 S Grove, Suites 205 and 209. Funds will be expended from the Public Health Fund.

Are funds currently Was If funds are not currently personnel/item/service available for-this available in the specified approved in original personnel/item/service Line item Line Item Description line item , where are the budget or a subsequent in the specified line funds available? budget revision? item? 041-7811-715.70-21 Leasehold Improvements Yes Yes Not applicable Page 2 of 2, Res. #07-182

Passed by the Kane County Board on May 8, 2007.

John A. Cunningham Karen McConnaughay Clerk, County Board Chairman, County Board Kane County, Illinois Kane County, Illinois

Vote: Yes No Voice Abstentions

5PH-Electrical STATE OF ILLINOIS

COUNTY OF KANE

RESOLUTION NO. 07 - 183

COMMUNICATIONS PLANNING FOR THE HEALTH DEPARTMENT

WHEREAS, Kane County Health Department (KCHD) has experienced significant growth in response to population needs as the county has averaged 19% growth over the past 5 years; and

WHEREAS, because of this population growth coupled with increased responsibilities to prepare for disaster and crises, to prevent the spread of increasingly complicated communicable diseases , to protect the population from environmental risks and hazards, and to promote the health of our growing population, has led to an increased demand for KCHD services; and

WHEREAS, executive leadership of KCHD commissioned a Communications Assessment by the Consortium for Risk-and Crisis Communication and Widmeyer Communications in October, 2006, the overall focus of which was to determine the communications strengths of KCHD, as well as the challenges it faces, as it strives to communicate with its partner organizations and the general public; and

WHEREAS, the Communications Assessment had the following findings and recommendations: that the KCHD define and fulfill it's communication's mission; that it communicate effectively with key internal and external audiences before, during and after emergency and non-emergency public health situations; that it should increase KCHD staff and leadership skills and abilities for both routine and crisis risk communications; and that it improve its ability to speak internally and externally with a consistent voice; and

WHEREAS, executive leadership of KCHD has identified the Consortium for Risk and Crisis Communication and Widmeyer Communications (the Consortium) as a vendor with the staff, experience, public health risk communications and marketing expertise, and capability to provide needed communications assessment, strategic planning and consulting services; and

WHEREAS, executive leadership of KCHD and the Consortium have devised a plan customized for KCHD needs, and the Executive Director of KCHD desires to enter into an agreement with the Consortium to deliver these communications consulting and planning services.

NOW, THEREFORE BE IT RESOLVED by the Kane County Board that the Chairman of the Kane County Board be and hereby is authorized to enter into a contract with Consortium for Risk and Crisis Communication in the amount of $34,750 to provide the communications consulting and planning services. This amount shall be paid from line item 041-7811-715.50-14 (Consulting & Contractuals).

Line item Line Item Description Was Are funds currently available if funds are not currently personnel/item/service for this available in the specified line approved in original personnel/item/service in the item, where are the funds budget or a subsequent specified line item? available? budget revision? 041-7811-715.50-14 Consulting & Contractuals No Yes N/A Page 2 of 2, Res. #07-183

Passed by the Kane County Board on May 8, 2007.

John A. Cunningham Karen McConnaughay Clerk, County Board Chairman, County Board Kane County, Illinois Kane County, Illinois

Vote: Yes No Voice Abstentions

5PH-Communications STATE OF ILLINOIS

COUNTY OF KANE RESOLUTION NO. 07 - 184

AUTHORIZATION TO ENTER INTO MEMORANDUM OF UNDERSTANDING WITH AUNT MARTHA'S YOUTH SERVICES FOR COORDINATED SERVICES

WHEREAS, the Kane County Health Department and other community partner entities have collaborated to increase the coordination and integration of case management, WIC, and primary care services to benefit eligible families who need and seek all three services, and

WHEREAS, Illinois data demonstrates greatly improved client outcomes when service coordination and integration occur; and

WHEREAS, the Kane County Health Department and other community partner entities retain organizational, programmatic, and fiscal independence and autonomy in the delivery of their agency services; and

WHEREAS, the Kane County Health Department and other community partner entities mutually agree on conditions, exclusive of rent, that enhance integration and coordination.of services regarding co-location, coordinated scheduling, HIPAA-compliant communication of mutual client records and needs, outcome data collection and program report cards, and the like; and

WHEREAS, these mutually agreed upon conditions , exclusive of rent, may require changes from time to time based on client and program needs and goals; and

WHEREAS, the County of Kane, through its health department, wishes to enter into such a memorandum of understanding that formalize the mutually agreed upon conditions with Aunt Martha's Youth Services, one such community partner entity at this time.

NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the Chairman of the Kane County Board be, and hereby is, authorized to enter into a Memorandums of Understanding described herein with Aunt Martha's Youth Services, with copies of said Memorandum of Understanding to be on file in the Kane County Health Department and the County Auditor's office.

Passed by the Kane County Board on May 8, 2007.

John A. Cunningham Karen McConnaughay Clerk, County Board Chairman, County Board Kane County, Illinois Kane County, Illinois

Vote: .Yes No Voice Abstentions

5PH-AuntMartha STATE OF ILLINOIS

COUNTY OF KANE

RESOLUTION NO.07 -185

AUTHORIZING INTERGOVERNMENTAL AGREEMENTS WITH THE VILLAGE OF HAMPSHIRE (HAMPSHIRE SPECIAL SERVICE AREAS NOS. 16 , 17,18, and 19)

WHEREAS, the Village of Hampshire (the "Village") has heretofore established or will establish Special Service Areas Nos. 16, 17, 18, and 19 (the "Special Service Areas") within the Village; and

WHEREAS, the Special Service Areas are for the installation of municipal infrastructure made necessary by development within the village; and

WHEREAS, the Village desires that the County of Kane extend, bill, and collect the special tax levied by the Village for the properties in the Village Special Service Areas with full reimbursement to be made to the County for any and all direct or indirect costs associated with the billing and collection of the special tax.

NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the Chairman thereof is hereby authorized to enter into intergovernmental agreements with the Village of Hampshire, which agreements shall be filed with the Kane County Clerk, for extension, billing and collection of the special tax assessed for the Village of Hampshire Special Service Areas Nos. 16, 17, 18, and 19.

Passed by the Kane County Board on May 8, 2007.

John A. Cunningham Karen McConnaughay Clerk, County Board Chairman , County Board Kane County, Illinois Kane County, Illinois

Vote: Yes No Voice Abstentions

3IGA-Hampshire STATE OF ILLINOIS

COUNTY OF KANE

RESOLUTION NO. 07 - 186

APPROVING AN AGREEMENT FOR REGIONAL PLANNING LIAISON SERVICES

WHEREAS, the Council of Mayors program of the Chicago Metropolitan Agency for Planning (Regional Planning Board) was established to provide a forum for early public involvement and partnership in transportation planning efforts and projects developed for northeastern Illinois; and

WHEREAS, the Kane/Kendall Council of Mayors (the Council of Mayors) are duly elected local officials as defined in the Federal Highway Acts of 1970, 1973, and 1976, the Surface Transportation Assistance Acts of 1978, 1982, 1987, the Intermodal Surface Transportation Efficiency Act of 1991, the Transportation Equity Act for the 21st Century, the Safe, Accountable, Flexible, and Efficient Transportation Equity Act and the Council of Mayors represent thirty-seven (37) municipalities in Kane and Kendall Counties; and

WHEREAS, the Council of Mayors receives Federal Transportation funds to provide effective planning liaison with various regional planning and transportation agencies, to supply professional technical assistance to local units of government and the County of Kane, in order to develop and administer a Surface Transportation Program of over four million dollars, and to perform transportation planning activities for the region; and

WHEREAS, the Council of Mayors desires to continue to receive professional staff assistance from the County of Kane and requests that the County of Kane by and through the Kane County Division of Transportation continue to employ transportation planning professionals to provide said assistance; and

WHEREAS, it is deemed to be in the best interests of the residents of Kane County that the County of Kane enter into an agreement for regional planning liaison services with the Chicago Metropolitan Agency for Planning.

NOW, THEREFORE BE IT RESOLVED, that the Chairman of the Kane County Board is hereby authorized to execute an agreement with the Chicago Metropolitan Agency for Planning for regional planning liaison services.

Passed by the Kane County Board on May 8, 2007.

John A. Cunningham Karen McConnaughay County Clerk Chairman, County Board Kane County, Illinois Kane County, Illinois

Vote: Yes No Voice Abstentions

5PLAGR.4TR STATE OF ILLINOIS

COUNTY OF KANE

RESOLUTION NO. 07 - 187

APPROVING A PHASE II ENGINEERING AGREEMENT WITH PATRICK ENGINEERING PLANK ROAD AT IL ROUTE 47 KANE COUNTY SECTION NO. 07-00356-00-CH

WHEREAS, the County of Kane is proposing a highway improvement project for Kane County Highway No. 22, (Plank Road) at IL Route 47 (hereinafter the "Project"); and

WHEREAS, in order to accomplish the Project, it is necessary to retain the services of a professional engineering firm to provide preliminary engineering services; and

WHEREAS, Patrick Engineering, 4970 Varsity Drive, Lisle Illinois 60532 has experience and professional expertise in preliminary engineering services and is willing to perform the required services for an amount not to exceed One Hundred Sixty Four Thousand Eight Hundred Ninety Five Dollars ($164,895.00).

NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the Chairman thereof is hereby authorized to execute an agreement with Patrick Engineering Inc. (a copy of which is on file with the County Clerk's Office) for the required preliminary engineering services.

BE IT FURTHER RESOLVED that the Kane County Board appropriate the sum of One Hundred Sixty Four Thousand Eight Hundred Ninety Five Dollars ($164,895.00) from Impact Fees Fund #027, Line Item #50-13 (Engineering) to pay for said preliminary engineering services.

Passed by the Kane County Board on May 8, 2007.

John A. Cunningham Karen McConnaughay Clerk, County Board Chairman, County Board Kane County, Illinois Kane County, Illinois

Vote: Yes No Voice Abstentions

5PLNK47PTRK.4LH STATE OF ILLINOIS

COUNTY OF KANE

RESOLUTION NO. 07 - 188

APPROVING AMENDMENT #1 TO PHASE II ENGINEERING SERVICES AGREEMENT WITH HAMPTON, LENZINI & RENWICK, INC. FOR STEARNS ROAD BRIDGE CORRIDOR - STAGE 1A NEW STEARNS ROAD OVER THE NORTH ARM OF BREWSTER CREEK KANE COUNTY SECTION NO. 06 -00214-08-BR

WHEREAS, Phase II engineering services are needed for the proposed Stearns Road extension over the North Arm of Brewster Creek, (hereinafter the "Improvement"); and

WHEREAS, pursuant to Kane County Resolution #06-455, the County and Hampton, Lenzini, & Renwick, Inc. entered into an agreement for Phase II engineering services for the proposed westbound lanes of the Improvement for an amount not to exceed One Hundred Thirty One Thousand Two Hundred Ninety Seven and 57/100 Dollars ($131,297.57) (hereinafter the "Agreement"); and

WHEREAS, additional Phase II engineering services for the proposed eastbound lanes of the Improvement are required and were not anticipated in the original scope of the Agreement. The cost of said additional Phase 11 engineering services shall not exceed One Hundred Two Thousand Nine Hundred Four and 36/100 Dollars ($102,904.36); and

WHEREAS, it is in the County's best interest to obtain the additional Phase II engineering services and to extend the upper limit of the Agreement by an additional One Hundred Two Thousand Nine Hundred Four and 36/100 Dollars ($102,904.36) from $131,297.57 to $234,201.93.

NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the Chairman thereof is hereby authorized to execute Amendment #1 to the Agreement with Hampton, Lenzini & Renwick, Inc. (a copy of which is on file with the County Clerk's Office) for said additional Phase II engineering services.

BE IT FURTHER RESOLVED that the Kane County Board appropriate the additional sum of One Hundred Two Thousand Nine Hundred Four and 361100 Dollars ($102,904.36) for a not to exceed total of $234,201.93 from Transportation Capital Fund #028, Line Item #50-13 (Engineering), Purchase Order # 70597 to pay for said Phase 11 engineering.

Line item Line Item Description Was Are funds currently If funds are not currently personnellitem/service available for this available in the specified approved in original personnel/item/service line item, where are the budget or a subsequent in the specified line funds available? budget revision? item? 028-8380-811.50-13 Engineering Yes Yes Page 2 of 2, Res. #07-188

Passed by the Kane County Board on May 8, 2007.

John A. Cunningham Karen McConnaughay Clerk, County Board • Chairman, County Board Kane County, Illinois Kane County, Illinois

Vote: Yes No Voice Abstentions

5STRNSHLRAMNDI.4LH STATE OF ILLINOIS

COUNTY OF KANE

RESOLUTION NO.07 - 189

APPROVING CONTRACT FOR CONSTRUCTION BOWES ROAD OVER OTTER CREEK KANE COUNTY SECTION NO. 06-00347-00-BR

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

KANE COUNTY SEC. 06-00347-00-BR BOWES ROAD OVER OTTER CREEK

WHEREAS, the lowest responsible bidder for said work and/or construction is:

LANDMARK CONTRACTORS, INC. AT $539,002.70

NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the Contract for the work and/or construction described hereinabove shall be awarded to the lowest responsible bidder as indicated hereinabove and that the County Board Chairman is hereby authorized and directed to execute a contract and contractor's bond therefor.

.BE IT FURTHER RESOLVED that there is hereby appropriated the sum of Five Hundred Thirty Nine Thousand Two and 70/100 Dollars ($539,002.70) from Local Option Tax Fund #035, Line Item #50- 62 (Construction,- Bridges).

Passed by the Kane County Board on May 8, 2007.

John A. Cunningham Karen McConnaughay Clerk, County Board Chairman, County Board Kane County, Illinois Kane County, Illinois

Vote; Yes No Voice Abstentions

5APCNBOWES.4LH STATE OF ILLINOIS

COUNTY OF KANE

RESOLUTION NO. 07 - 190

APPROVING CONTRACT FOR CONSTRUCTION 2007 EPOXY PAVEMENT MARKING KANE COUNTY SECTION NO. 07-00000-03-GM

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

KANE COUNTY SEC. 07-00000-03-GM EPOXY PAVEMENT MARKING

WHEREAS, the lowest responsible bidder for said work /construction is:

A. C. PAVEMENT STRIPING COMPANY AT $134,329.93

BE IT FURTHER RESOLVED that there is hereby appropriated the sum of One Hundred Thirty Four Thousand Three Hundred Twenty Nine and 93/100 Dollars ($134,329.93) from County Highway Fund #031, Line Item #50-64 (Maintenance - Roads).

Line item Line Item Description Was personnel/item/service Are funds currently If funds are not currently approved in original budget available for this available in the specified or a subsequent budget personnel/item/serviice in line item, where are the revision? the specified line item? funds available? 031-8310-811.50-64 Maintenance - Roads Yes Yes

Passed by the Kane County Board on May 8, 2007.

John A. Cunningham Karen McConnaughay Clerk, County Board Chairman, County Board Kane County, Illinois Kane County, Illinois

Vote: Yes No Voice Abstentions

5APCNEPOXY.4LH STATE OF ILLINOIS

COUNTY OF KANE

RESOLUTION NO. 07 -191

APPROVING PHASE III CONSTRUCTION OBSERVATION SERVICES AGREEMENT WITH ROBERT H. ANDERSON & ASSOCIATES, INC. FOR CORRON ROAD OVER BOWES CREEK (KANE CO. SEC. #05-00336-00-BR) PLANK ROAD OVER BURLINGTON CREEK (KANE CO. SEC. #06-00348- 00-BR) AND SILVER GLEN OVER FERSON CREEK (KANE CO. SEC. # 06-00351-00-BR)

WHEREAS, it is deemed to be in the best.interest of the County of Kane and the motoring public to undertake culvert replacement projects for Kane County Highway No. 80 (Corron Road) over Bowes Creek, Kane County Highway No. 22 (Plank Road) over Burlington Creek, and Kane County Highway No. 5 (Silver Glen Road) over Ferson Creek (hereinafter collectively referred to as the "Projects"); and

WHEREAS, in order to accomplish the Projects it is necessary to retain the services of a professional engineering firm to provide construction observation services; and

WHEREAS, Robert H. Anderson & Associates, Inc., 220 West River Drive, St. Charles, IL 60174 (hereinafter "Consultant") has experience and professional expertise in construction observation and is willing to perform the required services for Corron Road over Bowes Creek for an amount not to exceed Fifty Eight Thousand Three Hundred Forty Nine and 17/100 Dollars ($58,349.17); Plank Road over Burlington Creek for an amount not to exceed Forty Five Thousand Thirty Nine. and 52/100 Dollars. ($45,039.52); and Silver Glen Road over Ferson Creek for an amount not to exceed Eighteen Thousand Six Hundred Ninety and 03/100 Dollars ($18,690.03) for a total amount not to exceed One Hundred Twenty Two Thousand Seventy Eight and 72/100 Dollars ($122,078.72); and

WHEREAS, the County has determined that it is in the County's best interest to enter into an agreement with the Consultant for said services.

NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the Chairman thereof is hereby authorized to execute an agreement (a copy of which. is on file with the County Clerk's Office) with Robert H. Anderson & Associates, Inc., St. Charles Illinois for Construction Observation Services for said Projects.

BE IT FURTHER RESOLVED that the Kane County Board appropriate the sum of One Hundred Twenty Two Thousand Seventy Eight and 72/100 Dollars ($122,078.72) to pay for said services and that Forty Five Thousand Thirty Nine and 52/100 Dollars ($45,039.52) be paid from County Bridge Fund No. 032, Line Item 50-13 (Engineering) and Seventy Seven Thousand Thirty Nine and 20/100 Dollars ($77,039.20) be paid from Local Option Tax Fund No. 035, Line Item # 50-13 (Engineering).

Line item Line Item Description Was . Are funds currently If funds are not personnel/item/service available for this currently available in approved in original personnel/item/service the specified line budget or a subsequent in the specified line item, where are the budget revision? item? funds available? 032-8320-811.50-13 Engineerin Yes Yes 035-8350-811.50-13 Engineering Yes Yes Page 2 of 2 Res. #07-191

Passed by the Kane County Board on May 8, 2007.

John A. Cunningham Karen McConnaughay Clerk, County Board Chairman, County Board Kane County, Illinois Kane County, Illinois

Vote: Yes No Voice Abstentions

5CNSTOBSRHA.4LH STATE OF ILLINOIS

COUNTY OF KANE

RESOLUTION NO. 07 - 192

APPROVING CONTRACT FOR CONSTRUCTION HAMPSHIRE TOWNSHIP ROAD DISTRICT SEC. 07-10000-01-GM

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

HAMPSHIRE TOWNSHIP ROAD DISTRICT SEC. 07-- 10000-01-GM TOWNSHIP MAINTENANCE

WHEREAS, the lowest responsible bidder for said work and/or construction is:

PETER BAKER AND SONS AT $94,486.20

WHEREAS, said work and/or construction shall be paid for from the TOWNSHIP. MOTOR FUEL TAX FUND.

Passed by the Kane County Board on May 8, 2007.

John A. Cunningham Karen McConnaughay Clerk, County Board Chairman, County Board Kane County, Illinois Kane County, Illinois

Vote: Yes No Voice Abstentions

5APCNHMPTWP.4LH STATE OF ILLINOIS

COUNTY OF.KANE

RESOLUTION NO. 07 - 193

APPROVING. CONTRACT FOR CONSTRUCTION ST. CHARLES TOWNSHIP ROAD DISTRICT SEC. 07-1 4000-01-GM

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

ST. CHARLES TOWNSHIP ROAD DISTRICT SEC. 07-14000-01-GM TOWNSHIP MAINTENANCE

WHEREAS, the lowest responsible bidder for said work and/or construction is:

CURRAN CONTRACTING COMPANY AT $414,402.40

WHEREAS, said work and/or construction shall be paid for from the TOWNSHIP MOTOR FUEL TAX FUND.

Passed by the Kane County Board on May 8, 2007.

John A. Cunningham Karen McConnaughay Clerk, County Board Chairman , County Board Kane County, Illinois Kane County , Illinois

Vote: Yes No Voice Abstentions

5APCNSTCHTWP.4LH STATE OF ILLINOIS

COUNTY OF KANE

RESOLUTION NO. 07 - 194

APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH ILLINOIS DEPARTMENT OF TRANSPORTATION FOR KIRK ROAD AT IL ROUTE 56 KANE COUNTY SECTION NO. 01-00273 -00-CH (PHASE III CONSTRUCTION)

WHEREAS, the Illinois Constitution of 1970, Article VII, Section 10 and 5 ILCS 220/1, et seq. authorizes the County of Kane (County) and the State of Illinois (State) to cooperate in the performance of their respective duties and responsibilities by contract and other agreements; and

WHEREAS, the County and the State desire to cooperate among themselves to accomplish the intersection improvement at Kane County Highway No. 77 (Kirk Road) and IL Route 56; and

WHEREAS, the County and the State desire to undertake Phase I I I Construction for intersection reconstruction at Kirk Road and IL Route 56; and

WHEREAS, the intersection improvement is deemed by the County and the State to be of immediate benefit to the residents of the County of Kane and the State of Illinois in that it shall facilitate the safe and efficient movement of traffic and shall provide for the safety of the motoring public; and

WHEREAS, the County and the State have determined a mutually satisfactory allocation of responsibilities and costs for said improvement as set forth in the attached agreement with the State utilizing Congestion Mitigation Air Quality and Truck Access Route Program Funds.

NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the Chairman thereof is hereby authorized to execute an intergovernmental agreement with the State of Illinois acting through the Illinois Department of Transportation for said Phase Ill Construction (a copy of which is on file with the County Clerk's Office).

Passed by the Kane County Board on May 8, 2007.

John A. Cunningham Karen McConnaughay Clerk, County Board Chairman, County Board Kane County, Illinois Kane County, Illinois

Vote: Yes No Voice Abstentions

5KRKIL561DOT.4LH STATE OF ILLINOIS,

COUNTY OF KANE

RESOLUTION NO. 07 - 195

APPROVING AMENDMENT #3 TO AN INTERGOVERNMENTAL AGREEMENT WITH THE KANE COUNTY FOREST PRESERVE DISTRICT FOR REALIGNMENT OF STEARNS ROAD, DUNHAM ROAD AND ILLINOIS STATE ROUTE 25

WHEREAS, the Illinois Constitution of 1970, Article VII, Section 10 and 5 ILCS 220/1, et seq. authorized the County of Kane (County) and the Kane.County Forest Preserve District (District) to cooperate in the performance of their respective duties and responsibilities by contract and other agreements; and

WHEREAS, pursuant to Kane County Board Resolution No. 00-255, the County and the District entered into an agreement for among other things land acquisition for the realignment of the intersection of Stearns Road, Dunham Road, and IL Route 25 (hereinafter the "Intersection") and the relocation of the Illinois Prairie Path (Prairie Path), (hereinafter the "Agreement"); and

WHEREAS, pursuant to Kane County Board Resolution No. 04-439, the County and the District entered into Restatement #1 to the Agreement which extended the term thereof from January 1, 2005 to January 1, 2010; and

WHEREAS, pursuant to Kane County Board Resolution No. 05-258, the County and the District entered into Amendment #2 to the Agreement that provided a new design option for the Prairie Path at the Intersection and amended other terms and conditions in the Agreement; and

WHEREAS, the County proposes to immediately acquire certain parcels of real estate from the District, which will allow the County to expedite site preparation for the placement of roadway embankment on said parcels.

NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the Chairman thereof is hereby authorized to execute Amendment #3 to the Agreement with the Kane County Forest Preserve District (a copy of which is on file with the County Clerk's Office) to provide for the immediate acquisition of the parcels of real estate Intersection and to amend other terms and provisions. of the Agreement.

Passed by the Kane County Board on May 8, 2007.

John A. Cunningham Karen McConnaughay Clerk, County Board Chairman, County Board Kane County, Illinois Kane County, Illinois

Vote: Yes No Voice Abstentions

5STRNFPDROWAM3.4LH STATE OF ILLINOIS

COUNTY OF KANE

RESOLUTION NO. 07 - 196

DECISION ON SITING APPLICATION OF WILLIAM DUMOULIN FOR THE DUMOULIN FARMS COMPOST FACILITY IN UNINCORPORATED KANE COUNTY (APPROVED)

WHEREAS , William Dumoulin , (hereafter "Dumoulin") pursuant to the Illinois Environmental Protection Act (415 ILCS 5/39 .2) as supplemented by the Kane County New Regional Pollution Control Facility Siting Ordinance , 04-393, of the Kane County Code , filed an application on November 27, 2006, for siting approval for a compost facility in unincorporated Kane County; and

WHEREAS , pursuant to Kane County Ordinance , Karen Steve-McConnaughay , appointed Patrick M . Kinnally as Hearing Officer; and

WHEREAS , in compliance with the Illinois Environmental Protection Act, a public hearing was held on March 1, 2007; and

WHEREAS, the Hearing Officer, Patrick M . Kinnally, submitted his Findings/Report (marked as Exhibit A, attached hereto and made a part hereof ) to the Kane County Board Chairperson as required by Kane County Ordinance; and

WHEREAS , the Kane County Board Chairperson , Karen McConnaughay, accepts the findings/report of the Hearing Officer , Patrick M . Kinnally, and the Chairperson respectfully requests the decision of the Kane County Board on the application submitted by Dumoulin subject to the Findings/Report and Conditions as delineated by the Hearing Officer.

NOW, THEREFORE , BE IT RESOLVED by the-County Board of Kane County, Illinois, that:

1) The Findings/Report of the Hearing Officer, Patrick M. Kinnally, (Exhibit A, attached hereto), are accepted and adopted; and

2) The application of Dumoulin for Siting Approval for the Dumoulin Farms Compost Facility is hereby approved subject and as amended by the Conditions as delineated in the Findings/Report of the Hearing Officer; and

BE IT FURTHER RESOLVED that the County Clerk be directed to transmit certified copies of this Resolution with Exhibits to the interested parties , as follows:

Mr. William Dumoulin Mr. Timothy Harbaugh , Director 16393 Walker Road Kane County Environmental Management Hampshire, IL 60140 Kane County Government Center 719 S . Batavia Avenue , Building A Geneva, IL 60134 Page 2 of 2, Res. #07-196

Mr. John Barsanti Mr. Patrick M. Kinnally Kane County State's Attorney Kinnally Flaherty Krentz & Loran, P.C. 37W777 Route 38 2114 Deerpath Road St. Charles, I L 60174 Aurora, I L 60506

Dr. Paul Walker Illinois State University College of Applied Science & Technology 125 Ropp Agriculture Building Campus Box 5020 Normal, IL 61790

Passed by the Kane County Board on May 8, 2007.

John A. Cunningham Karen McConnaughay Clerk, County Board Chairman, County Board Kane County, Illinois Kane County, Illinois

Vote: Yes No Voice Abstentions

5Dumoulin-Yes STATE OF ILLINOIS

COUNTY OF KANE

RESOLUTION NO. 07 - 196

DECISION ON SITING APPLICATION OF WILLIAM DUMOULIN FOR THE DUMOULIN FARMS COMPOST FACILITY IN UNINCORPORATED KANE COUNTY (DENIED)

WHEREAS, William Dumoulin, (hereafter "Dumoulin") pursuant to the Illinois Environmental Protection Act (415 ILCS 5/39.2) as supplemented by the Kane County New Regional Pollution Control Facility Siting Ordinance, 04-393, of the Kane County Code, filed an application on November 27, 2006, for siting approval for a compost facility in unincorporated Kane County; and

WHEREAS, pursuant to Kane County Ordinance, Karen Steve-McConnaughay, appointed Patrick M. Kinnally as Hearing Officer; and

WHEREAS, in compliance with the Illinois Environmental Protection Act, a public hearing was held on May 1, 2007; and

WHEREAS, the Hearing Officer, Patrick M. Kinnally, submitted his Findings/Report (marked as Exhibit A, attached hereto and made a part hereof) to the Kane County Board Chairperson as required by Kane County Ordinance; and

WHEREAS, the Kane County Board Chairperson, Karen McConnaughay, accepts the findings/report of the Hearing Officer, Patrick M. Kinnally, and the Chairperson respectfully requests the decision of the Kane County Board on the application submitted by Dumoulin subject to the Findings/Report and Conditions as delineated by the Hearing Officer.

NOW, THEREFORE, BE IT. RESOLVED by the County Board of Kane County, Illinois, that:

1) The Findings/Report of the Hearing Officer, Patrick M. Kinnally, (Exhibit A, attached hereto), are accepted and adopted; and

2) The application of Dumoulin for Siting Approval for the Dumoulin Farms Compost Facility is hereby denied; and

BE IT FURTHER RESOLVED that the County Clerk be directed to transmit certified copies of this Resolution with Exhibits to the interested parties,, as follows:

Mr. William Dumoulin Mr. Timothy Harbaugh, Director 16393 Walker Road Kane County Environmental Management Hampshire, IL 60140 Kane County Government Center 719 S. Batavia Avenue, Building A Geneva, IL 60134 Page 2 of 2, Res. #07-196

Mr. John Barsanti Mr. Patrick M. Kinnally Kane County State's Attorney Kinnally Flaherty Krentz & Loran, P.C. 37W777 Route 38 2114 Deerpath Road St. Charles, IL 60174 Aurora, IL 60506

Dr. Paul Walker Illinois State University College of Applied Science & Technology 125 Ropp Agriculture Building Campus Box 5020 Normal, IL 61790

Passed by the Kane County Board on May 8, 2007.

John A. Cunningham Karen McConnaughay Clerk, County Board Chairman, County Board Kane County, Illinois Kane County, Illinois

Vote: Yes No Voice Abstentions

SDumoulin-No Page 3 of 17, Res. #07-196

EXHIBIT A

STATE OF ILLINOIS )

COUNTY OF KANE )

IN THE MATTER OF APPLICATION FOR THE DUMOULIN FARMS COMPOST FACILITY

REPORT OF THE HEARING OFFICER

1. INTRODUCTION

Several things should be clear as to the Hearing Officer's function in this siting

request.

First, the Kane County's Siting Ordinance No. 04-393 ("the Ordinance") and the Illinois

Environmental Protection Act (415 ILCS 5/39.2) ("the Act") authorize the Hearing

Officer to make findings of fact and conclusions of law. Under the Act and the

Ordinance there are three alternatives the Kane County Board ("Board") may consider: approve the application as submitted; approve it with conditions; or deny it. You are now acting in a quasi-judicial function as opposed to a legislative one. You are acting as a judge or a jury would as to whether or not the application should be approved. Your collective vote as the Board will decide the merits or demerits of the application for the proposed facility. Finally, as required by the Act and the Ordinance, my role is limited. I

do not have a vote or a recommendation. My job is to make findings of fact and law based on the evidence adduced at the hearings, the oral, statements and written

submissions of those who filed them. My findings of fact and conclusions of law follow.

II. FINDINGS OF FACT AND LAW

Bill Dumoulin ("Dumoulin") filed a site location application ("application") with

the County Clerk ("Clerk") of the County of Kane ("County") for consideration by the Page 4 of 17, Res. #07-196

Board pursuant to §39..2 of the Illinois Environmental Protection Act. The application seeks siting approval for a facility of approximately 25 acres located on Walker Road, in

Hampshire, Kane County, Illinois. The proposed pollution facility is a compost facility comprised of an admixture of swine slurry and landscape waste. Kane. County's authority regarding the local siting approval for such a pollution facility is governed by the provisions of the Act and is supplemented by the County's Ordinance. The County

Board has the authority to approve or disapprove the request for siting approval since the property in question is located in the County of Kane.

Siting approval shall be granted only if the proposed facility meets the following criteria:

1. The facility is necessary to accommodate the waste needs of the area it is

intended to serve;

2. The facility is so designed, located and proposed to be operated that the

public health, safety and welfare will be protected;

3. The facility is located so as to minimize incompatibility with the character

of the surrounding area and to minimize the effect on the value of

surrounding property;

4. The facility is located outside the boundary of the 100 year flood plain or

the site is flood-proofed;

5. The plan of operations for the facility is designed to minimize the danger

to the surrounding area from fire, spills or other operational accidents;

6. The traffic patterns to or from the facility are so designed as to minimize

the impact on existing traffic flows; Page 5 of 17, Res. #07-196

7. If the facility will be treating, storing or disposing of hazardous waste, an

emergency response plan exists for the facility which includes notification,

containment and evacuation procedures to be used in the case of an

accidental release;

8. If the facility is to be located in a county where the county board has

adopted a solid waste management plan consistent with the planning

requirements of the Local Solid Waste Disposal Act or the Solid Waste

Planning and Recycling Act, the facility is consistent with that plan; and

9. If the facility will be located within a regulated recharge area, any

applicable requirements specified by the Board for ' such areas have been

met.

A copy of the Ordinance and a transcript of the hearing related to the applicant's application are attached to this Report of the Hearing Officer as^ Exhibits 1 and 2.

County Board Chairwoman, Karen Steve-McConnaughay, in consultation with the County Board officials appointed Patrick M. Kinnally as the Hearing Officer pursuant to the Ordinance. Dumoulin's application was filed with the Clerk, requesting site location approval for 169393 Walker Road on or about November 27, 2006. Copies of the site location application were filed and proper notice given to those entitled to receive it. Dumoulin is an owner of the site location and the proposed operator of the facility.

(See, attached Exhibit 3, which is the title commitment). Dumoulin served notice in person on the owners of all property within the subject area and on adjacent or nearby

owners as required by the Ordinance. Also, Dumoulin served notice of its filing of the

application in person on the • members of, the General Assembly from the legislative

district in which the facility is located. Page 6 of 17, Res. #07-196

Notice was published in the newspapers of general circulation published in Kane

County, namely Kane County Chronicle on February 21, 2007 and February 28, 2007, indicating that Dumoulin would file its application with the Clerk. Notice was served and published within the prescribed time period in accordance with requirements of the ordinance.

A public hearing was held by the hearing officer on March ' 1, 2007. The transcript of this public meeting is attached to these findings of fact and the original is on file with the clerk.

The county staff made every effort and are commended for the facilities and . access they provided for the hearing venue, and publishing all the materials to the public.

The only people to testify at the public hearing were Paul Walker, Professor from Illinois

State University; representatives of the Dumoulin Family, Mike. Dumoulin and Pat

Dumoulin; Gary Mielke, Kane County Recycling Coordinator; Thomas Szabo, Traffic

Manager Kane County Division of Transportation and Michael Kenyon and Robert

Kudlicki, both Kane County Board members. Also present during the hearing was

Timothy A. Harbaugh, the Director. of Kane County Department of Environmental and

Building Management who represented the County of Kane. The public hearing was adjourned on March 1, 2007. A written objection was filed by Aaron Stain, the

Hampshire Township Clerk, on March- 27, 2007. .

A. . JURISDICTION AND PRELIMINARY MATTERS

Findings of Fact:

1. I find that the application for Dumoulin Farms compost facility was

properly filed on or about November 27, 2006. That the appropriate Page 7 of 17, Res. #07-196

notices and fees where applicable were paid at that time and that a hearing

was conducted on March 1, 2007.

Findings of Law:

1. The Board has jurisdiction to hear this matter.

B. FACILITY BACKGROUND

Findings of Fact:

The Dumoulin Farms compost facility is located on approximately 25 acres on a farm owned by the Dumoulin Family on Walker Road near Hampshire, Illinois. I visited the facility on one occasion in person. Dumoulin Farms compost facility has been designed and operated according to the Illinois Environmental Protection Act and the

Pollution Control Board Regulations. The compost facility has been in operation since the spring of 2002 as an on-farm exempted facility. The facility began as a cooperating compost facility under the direction of the Livestock and Urban Waste Research Team as part of a Council on Food and Agricultural Research funded on-farm technology transfer project. The Dumoulin Farm's.compost facility has become a model with respect to the alternative manure management practice for handling swine slurry and landscape waste.

All of the swine slurry that is used and mixed with the landscape waste or horse stall bedding comes solely from hogs that are raised at the site. Because of its success the

Dumoulin Farm Compost Facility has exceeded the 3.8 acre area permitted by state law with respect to compost facilities. To be in compliance the Dumoulin Family has submitted this application to go through the local siting process for the County and be in compliance with state law. Siting approval is sought to allow the volume of liquids and swine manure that can be mixed with landscape waste to exceed 10%. This facility is not a transfer station but a composting facility. Currently, the facility composts Page S of 17, Res. #07-196 approximately 35,000 yards of landscape source material and about 1 million gallons of swine slurry. Under the proposed application, the applicant seeks to compost an amount not to exceed 75,000 yards of source material and up to 3 million gallons of swine slurry annually.

The facility as proposed and designed is to accept landscape waste, mixed with swine slurry and then after to arrange it in windrows for a period of time while it cures.

Then it is sold on the open market as compost. The applicant committed during the hearing, the facility would not receive special waste, soils, hazardous waste, industrial process waste, pollution control waste, sludge, potentially infectious medical wastes, polycoordinated ethenols, special or byproduct nuclear materials, radioactive waste, high level or low level radioactive waste, acid batteries or bulk liquid waste or any liquid waste. The proposed facility is to accept landscape materials on a daily basis except

Sundays and. holidays, however it is unlikely that the facility will operate with any regularity between the months of November 1 and March 1, of the following year. The proposed duration of the operation of this facility is indefinite.

III. STATUTORY CRITERIA

Following hereafter are my findings concerning the record as it relates to the

specific criteria enumerated in the Act and the Ordinance.

'(1) 'IS THE FACILITY NECESSARY TO ACCOMMODATE THE WASTE NEEDS OF THE AREA IT IS INTENDED TO SERVE?

Findings of Fact:

The principal witnesses testifying with respect to this criteria were Dr. Paul

Walker and Pat and Mike Dumoulin. Dr. Paul Walker is a professor of animal science at Page 9 of 17, Res. #07-196

Illinois State University. He is the applicant's technical advisor. Mike Dumoulin is one of the operators of the compost facility. Both testified that the purpose-of this compost facility is to use composting as an alternative and newer management strategy for handling swine manure. Liquid and solid swine manure are used as the primary nitrogen source raw material. Landscape waste generated by municipalities located primarily within Kane County and collar counties with Chicago, serves as the primary carbon source for raw material. Landscape waste is delivered to the facility from such municipalities as Elgin, Aurora and Palatine. Horse bedding is also delivered by local

.waste haulers or stable owners located in the Kane County area. Currently the Dumoulin facility utilizes over 35,000 cubic yards of landscape waste and 1 million gallons of swine slurry annually. If the expansion is approved by the County Board in the amount of cubic yards, landscape waste and/or horse bedding will increase to 75 thousand cubic yards. The ratio of carbon/nitrogen mixture is 25:1-30: 1. The amount of swine slurry that would be mixed with the 75 thousand cubic yards of landscape waste would be in the neighborhood of 2-3 million gallons of swine manure annually. There are no other compost facilities for landscape waste located in Kane County.

Finding of Law:

Based upon the record, the proposed facility is necessary to accommodate the composting needs of the area it is intended to serve. If the County Board sees fit to grant the application, the applicant should not be permitted to exceed composting a mixture of landscape waste of 75,000 cubic yards and up to 3 million gallons of swine slurry on a calendar year basis of January 1 to December 31.

(2) IS THE FACILITY SO DESIGNED, LOCATED AND PROPOSED TO BE OPERATED THAT THE PUBLIC SAFETY AND WELFARE WILL BE PROTECTED? Page 10 of 17, Res. #07-196

Findings of Fact:

Individuals who testified with respect to this criteria were the Dumoulin family and Dr. Paul Walker. The Dumoulin family has been operating this compost facility for many years. The only citation they have received from any governing organization has been the Illinois Environmental Protection Agency which basically cited them for having too much landscape waste on the farm. They were informed to go through the citing process as required by local ordinance which they did, and which is the purpose of this hearing. In my visit to their farm, the Dumoulins explained to me as well as other persons, how they mixed the waste material and weigh it in the frequency with which trucks come and leave their farm . They have various equipment with which to handle the mixed slurry and landscape material. Tom Szabo also testified with respect to the traffic going to and from the facility, frequencies and the descriptions of a vehicle that would be utilized to haul landscape waste to the facility and a description of the vehicles that would take the composted materials away from the facility.

The Township of Hampshire Clerk, Mr. Aaron Strain, objected to the facility. His objections, which he stated reflected the "review" of the Board of Trustees; are:

The specific issues raised include: 1. A similar operation proposal near this location was rejected by Kane County approximately 10 years ago. 2. This activity has been in operation at this location without a permit for over five years. 3. The pungent odor of the current limited activity has been a problem for residents west and south of the Village of Hampshire since its beginning. 4. The Village of Hampshire has annexed land within '/z mile of the property in question which is being developed for residential buildings. Page 11 of 17, Res. #07-196

5. A branch of Coon Creek flows along the edge of the proposed operation raising questions about the environmental effect of runoff. 6. Your Department letter did not state whether the E.P.A. and the Army Corps of Engineers reviewed the request. If not, the Township feels this is imperative.

The fact a compost facility was not permitted 10 years ago is irrelevant to this application. When I visited the site the Mayor of Hampshire was present. He related to me that he knew of no opposition to the facility. The Environmental Protection Agency would review the County Board's decision. The footprint of the composting site is not in the 100 year floodplain adjacent to Coon Creek.

Findings of Law:

The design of the facility as submitted is such that the public health, safety and welfare will be protected. It is my recommendation with respect to this particular criteria the following conditions be imposed if approval,is granted:

(1) Every outgoing loaded vehicle shall be weighed and the weight recorded in a daily log to ensure roadway restrictions are not exceeded. Upon request the

County of Kane may examine those weight logs;

(2) At any time that the County finds inbound vehicles carrying raw materials exceeding roadway restrictions, the County may require inbound vehicles to be weighed and the weight recorded in the log to ensure roadway restrictions are not exceeded. Upon request, the County may examine said logs. Further the operator shall make every reasonable effort to stop the occurrence of overweight trucks utilizing the compost facility. If they do not, they may be cited under the

Kane County Nuisance Ordinance and prosecuted accordingly; Page 12 of 17, Res. #07-196

(3) If complaints of odor are made concerning the compost facility they will be addressed by the operator . The issuance of a permit by the County Board does not exempt the operator from prosecution under Kane County's Nuisance

Ordinance. Hours of operation of the facility shall be from 5:00 a.m. to 7:00 p.m. from Monday through Friday of each week and 5 : 00 a.m. to 5:00 p.m. on Saturday.

There would be no truck traffic on Sunday or state and federal holidays;

(4) The siting approval is contingent upon the Dumoulin family owning the property and operating a compost facility. In the event the property is not owned by Bill and Pat Dumoulin, or their children or grandchildren or the facility is not operated by Bill and Pat Dumoulin or their children and grandchildren, siting approval by the Kane County Board lapses . Siting approval for this particular facility should not be assignable to a third party. Siting approval is authorized to

May 1, 2022, at which time it lapses;

(5) The only manure or animal waste slurry which may be composted is manure or slurry generated by the hog operation managed by the Dumoulin family and located contiguous to- the compost facility. A condition of approval by the

County Board is that the Dumoulin family name the County of Kane as a named insured on a general liability insurance policy ' covering operation of the compost facility until May 1, 2022, in the amount of $1,000,000.00 and provides proof of insurance of such to the County Department of Environmental and Central on an annual basis;

(6) The special conditions can be amended as mutually agreeable to the Kane

County Board and the Dumoulin Family. Page 13 of 17, Res. #07-196

(3) IS THE FACILITY LOCATED SO AS TO MINIMIZE INCOMPATIBILITY WITH THE CHARACTER OF TIDE SURROUNDING AREAS AND TO MINIMIZE THE EFFECT ON THE VALUE OF SURROUNDING PROPERTY?

Findings of Fact:

Testimony was adduced by Mike and Pat Dumoulin with respect to odors that have emanated from composting facilities in the past. Noone testified that there was any problem with respect to such odors and Mike and Pat Dumoulin testified that when they received . a complaint previously from the neighbor, they addressed it immediately. The objection of Aaron Stain mentions that "pungent odors" have been a problem since the compost facility originated. Compost facilities create odors. I do not find any specific evidence of ongoing complaints.

Finding of Law:

The facility is located so as to minimize incompatibility with the character of the surrounding area and minimize the effect on the value of the surrounding property. In making this finding I have limited the permit to 15 years or if the current operator namely, the Dumoulin Family ceases operations .or the Dumoulin

Family no longer owns the property. The County Board has a five year solid waste plan which is updated after five years.

(4) IS THE FACILITY LOCATED OUTSIDE THE BOUNDARY OF A 100 YEAR FLOOD PLAIN OR IS THE SITE FLOOD PROOFED?

Findings of Fact:

All parties stipulated this criterion was satisfied. My review of the -application and maps of the area confirms this stipulation.

Finding of Law: Page 14 of 17, Res. #07-196

The facility is located outside the boundary of the 100 year flood plain or the site is flood proofed.

(5) IS THE PLAN OF OPERATIONS FOR THE FACILITY DESIGNED TO MINIMIZE THE DANGER TO THE SURROUNDING AREA FOR FIRES SPILLS OR OTHER OPERATIONAL ACCIDENTS?

Findings of Fact:

The location of the 25 acre site is near Coon Creek. There is a vegetative filter strip that borders Coon Creek, coupled with row crop production along the eastern parameter of the compost facility. This is done to prevent, runoff. In operating the equipment the compost windrowing requires incorporating liquid swine waste so as to prevent the development of dust at the facility. Dumoulin personnel who operate the equipment on the farm at the compost facility are trained to operate the equipment. The equipment utilized meets the Occupational Safety and Health Administration Standards.

The Township Trustees raised the issue of the proximity of the facility to Coon Creek.

My analysis of the facility footprint is that it is farther away from Coon Creek than it currently is. It is not in the 100 year floodplain.

Finding of Law:

Based upon the record the plan of operations for the facility has been designed to minimize the danger to the surrounding area from fire, spills and other operational accidents.

(6) ARE TRAFFIC PATTERNS TO AND FROM THE FACILITY SO DESIGNED AS TO MINIMIZE THE IMPACT ON EXISTING TRAFFIC FLOWS?

Findings of Fact: Page 15 of 17, Res. #07-196

Tom Szabo testified with respect to the effect of traffic in the area. Mr. Szabo is an engineer who works for the County Department of Transportation. He described the weight loads that are permitted on Walker Road and indicated that he did not believe that there was a significant increase in traffic due to the increase in the amount of cubic yards that. would be mixed at the compost facility. Truck traffic entering and departing the facility would be limited to the hours of operation from 5 a.m. to 7 p.m. during the week and Saturday from 5 a.m. to 5 p.m. There would be no truck traffic on Sunday or federal or state holidays. This should be a condition on any permit issued by the County of

Kane.

Findings of Law:

Based on the record and the above conditions I find the traffic patterns to

and/or from the proposed facility are designed so as to minimize the impact of existing traffic flows.

(7) IF THE FACILITY WILL BE TREATING, STORING AND DISPOSING OF HAZARDOUS WASTE , DOES AN EMERGENCY RESPONSE PLAN EXIST FOR THE FACILITY WHICH INCLUDES 'NOTIFICATION, CONTAINMENT AND EVACUATION PROCEDURES TO BE USED IN CASE OF AN ACCIDENTAL RELEASE?

Findings of Fact:

All parties stipulated that no hazardous waste would be stored at this compost facility.

Findings of Law:

I find that, the Facility will not be treating, storing or disposing of hazardous waste, and therefore, the requirement of an emergency response plan which Page 16 of 17, Res. #07-196 includes notification , containment and evacuation procedures to be used in case of an accidental release does not apply.

(8) IF THE FACILITY IS TO BE LOCATED IN A COUNTY WHERE THE COUNTY BOARD HAS ADOPTED A SOLID WASTE MANAGEMENT PLAN CONSISTENT, WITH THE PLANNING REQUIREMENTS OF THE LOCAL SOLID WASTE DISPOSAL ACT OR THE SOLID WASTE PLANNING AND RECYCLING ACT, IS THE FACILITY CONSISTENT WITH THAT PLAN?

Findings of Fact:

Gary Mielke testified in connection with this criteria. Gary Mielke has been the

Recycling Coordinator for the County of Kane for 16 years. Mr. Mielke testified in support of criteria 1 as well as criteria 8. Mr. Mielke has specific knowledge concerning the waste generation rates which apply to Kane County and also as part of the County

Solid Waste Plan. Mr. Mielke on visiting the Dumoulin compost facility on at least one or more occasions indicated that the Dumoulins have a greater understanding of the chemistry that is needed to compost swine slurry and landscape waste. Also, he indicated that the duration of time when the compost cured and the moisture levels that were observed by the Dumoulin in the windrowing of the compost was proper. He indicated in support of criteria 5 that the applicant had met various other criteria as provided by the siting ordinance and state law. Finally, Mr. Mielke testified that the County Board's Solid

Waste Plan is based on a twenty year cycle and that the Solid Waste Plan is required to be updated every five years during the 20 year cycle.

Findings of Law:

The proposed Facility is located in a county where the County Board has adopted a solid waste management plan consistent with the planning requirements Page 17 of 17, Res. #07-196 of the Local Solid Waste Disposal Act or the Solid Waste Planning and Recycling

Act, and that the proposed Facility is consistent with that Plan.

(9) IS THE FACILITY LOCATED WITHIN A REGULATED RE- CHARGE AREA AND IF SO ARE THERE ANY APPLICABLE REQUIREMENTS SPECIFIED BY THE BOARD FOR SUCH AREAS WHICH HAVE BEEN MET?

Findings of Fact:

The parties have stipulated that this criterion has been met. The parties have stipulated that this particular facility is not located within a regulated re-charge area.

Findings of Law:

Based upon the record the facility is not within a regulated recharge area and therefore this criterion has been met.

IV. CONCLUSION

Based on the record, these are my findings of facts and conclusions of law. I wish to thank all those who participated in this process.

Patrick M. Kinnally, Hearing Officer

Patrick M. Kinnally, Hearing Officer Kinnally Flaherty Krentz & Loran, P.C. 2114 Deerpath Road Aurora, Illinois 60506 Telephone: 630/907-0909