JOURNAL OF THE PROCEEDINGS OF THE BOARD OF COMMISSIONERS OF COOK COUNTY

MARCH 1, 2012

TONI PRECKWINKLE, PRESIDENT

WILLIAM M. BEAVERS JOAN PATRICIA MURPHY JERRY BUTLER EDWIN REYES EARLEAN COLLINS TIMOTHY O. SCHNEIDER JOHN P. DALEY PETER N. SILVESTRI JOHN A. FRITCHEY DEBORAH SIMS BRIDGET GAINER ROBERT B. STEELE JESUS G. GARCIA LARRY SUFFREDIN ELIZABETH “LIZ” DOODY GORMAN JEFFREY R. TOBOLSKI GREGG GOSLIN

DAVID ORR COUNTY CLERK

TABLE OF CONTENTS FOR MARCH 1, 2012

Call to Order ...... 1 Invocation ...... 1 Board of Commissioners of Cook County PRESIDENT Proposed Intergovernmental Agreement...... 2 Proposed Ordinance Amendment...... 2 COMMISSIONERS Proposed Contracts...... 4 Proposed Ordinance Amendments ...... 10 Proposed Resolutions ...... 14 Consent Calendar Resolutions: 12-R-93 Congratulating Chief Bill Villanova named the 2012 Police Chief of the Year...... 22 12-R-94 Honoring Commissioner Robert Hoff, Fire Department, upon his retirement...... 24 12-R-95 Veronica M. “Ron” Daley - In Memoriam ...... 25 12-R-96 Barbara Jean Marzano - In Memoriam ...... 26 Reports of Committees Zoning and Building – February 1, 2012 ...... 28 Ordinance: 12-O-14 An Ordinance granting a Special Use Located in Northfield Township as authorized by the Cook County Zoning Ordinance (Docket #8780) ...... 28 Finance – February 29, 2012...... 31 Ordinance Amendment: 12-O-15 An Amendment to Chapter 74 Taxation, Article XI Tobacco Tax, Sections 74- 430 - 74-447 (Tobacco Tax) ...... 58 Finance – March 1, 2012...... 72 Ordinance Amendments: 12-O-16 An Amendment to Chapter 38 Health and Human Services, Article VI, Medical Examiner, Section 38-112...... 96 12-O-17 An Amendment to Chapter 38, Article VI, Section 38-122, Death Subject to Investigation Duty to Notify ...... 101 Resolution: 12-R-97 Resolution naming the court building located at 26th and California Street: the Honorable George N. Leighton Criminal Court Building ...... 105 Finance (Public Hearing) – February 14, 2012 ...... 110

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Finance Subcommittee on Pension – March 1, 2012 ...... 116 Resolution: 12-R-98 Urging the Cook County Annuity and Benefit Fund to divest from Iran ...... 118 Finance Real Estate and Business and Economic Development Subcommittee – March 1, 2012...... 120 Resolutions: 12-R-99 Real Property Assessment Classification 6b (G3 Capital Partners, LLC)...... 122 12-R-100 Real Property Assessment Classification 6b (Chase SRG, LLC)...... 125 12-R-101 Real Property Assessment Classification 6b (CRP Holdings A-2, LLC) ...... 128 12-R-102 Real Property Assessment Classification 6b (Lively 901 LLC) ...... 131 Rules and Administration – March 1, 2012...... 133 Business from Department Heads and Elected Officials BUILDING AND ZONING, DEPARTMENT OF Waiver of Permit Fees...... 134 CAPITAL PLANNING AND POLICY, OFFICE OF Contract ...... 136 HOMELAND SECURITY AND EMERGENCY MANAGEMENT, DEPARTMENT OF Proposed Grant Award Addenda...... 137 Intergovernmental Agreement...... 138 HIGHWAY DEPARTMENT Contracts...... 139 Resolutions: 12-R-103 (Intergovernmental) 88th Avenue, 103rd Street to 87th Street...... 141 12-R-104 (Intergovernmental) 170th (167th) Street, South Park Avenue (Chicago Road to west of the Bishop Ford Freeway (I-94)...... 142 12-R-105 (Agreement) First Amendment to Local Agency Agreement for Jurisdictional Transfer. Wentworth Avenue, Glenwood-Lansing Road to Ridge Road ...... 143 12-R-106 (Maintenance) Purchase of hot patch materials ...... 144 12-R-107 (Maintenance) Purchase of hot patch materials ...... 145 12-R-108 (Maintenance) Purchase of cold patch materials ...... 146 12-R-109 (Maintenance) Purchase of cold patch materials ...... 148 Changes in Plans and Extra Work...... 149 Report...... 152 HUMAN RESOURCES, BUREAU OF Human Resources Activity Report...... 152

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Proposed Resolutions ...... 153 JUDICIARY Grant Award...... 160 Grant Award Addendum ...... 161 PLANNING AND DEVELOPMENT, DEPARTMENT OF Proposed Resolutions ...... 161 REAL ESTATE MANAGEMENT DIVISION Amendments to Lease ...... 169 Request to Terminate Lease and Execute a License Agreement...... 170 License Agreement...... 171 RISK MANAGEMENT, DEPARTMENT OF Request to Amend a Previously Approved Item ...... 172 STATE'S ATTORNEY, OFFICE OF THE Pending Litigation ...... 173 Adjournment ...... 174

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J O U R N A L O F T H E P R O C E E D I N G S

O F T H E

B O A R D O F C O M M I S S I O N E R S

O F C O O K C O U N T Y

Meeting of Thursday, March 1, 2012

10:00 A.M. Central Standard Time

COOK COUNTY BOARD ROOM, COUNTY BUILDING ______

Board met pursuant to law and pursuant to Resolution 12-R-19

OFFICIAL RECORD

President Preckwinkle in the Chair.

CALL TO ORDER

At 10:00 A.M., being the hour appointed for the meeting, the President called the Board to order.

QUORUM

County Clerk David Orr called the roll of members and there was found to be a quorum present.

ROLL CALL

Present: President Preckwinkle and Commissioners Beavers, Butler, Collins, Daley, Fritchey, Gainer, Garcia, Gorman, Goslin, Murphy, Reyes, Schneider, Silvestri, Sims, Steele, Suffredin and Tobolski (17).

Absent: None (0).

INVOCATION

Dr. Mohammed Zaher Sahloul, Chairman of the Council of Islamic Organizations of Greater Chicago gave the Invocation. ______

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President Preckwinkle moved that the meeting do now recess for the purpose of holding the various committee meetings.

BOARD RECONVENED

President Preckwinkle in the Chair.

QUORUM

County Clerk David Orr called the roll of members and there was found to be a quorum present.

ROLL CALL

Present: President Preckwinkle and Commissioners Beavers, Butler, Collins, Daley, Fritchey, Gainer, Garcia, Gorman, Goslin, Murphy, Reyes, Schneider, Silvestri, Sims, Steele, Suffredin and Tobolski (17).

Absent: None (0).

BOARD OF COMMISSIONERS OF COOK COUNTY

PRESIDENT

PROPOSED INTERGOVERNMENTAL AGREEMENT

Transmitting a Communication dated, March 1, 2012 from

TONI PRECKWINKLE, President, Cook County Board of Commissioners

Please be advised that I hereby request authorization for the County of Cook to enter into and execute an Intergovernmental Agreement with the Chicago Transit Authority (“CTA”) for access and use of portions of the CTA’s fiber optic cable system.

Estimated Fiscal Impact: None. ______

In accordance with Cook County Code Section 2-107(z)(1) Amendment or suspension of rules, Commissioner Daley, seconded by Commissioner Sims, moved to suspend Section 2-107(h)(1) Prior notice to public; agendas. The motion carried unanimously.

Commissioner Daley, seconded by Commissioner Sims, moved that the communication be referred to the Committee on Finance. (Comm. No. 316976). The motion carried unanimously.

PROPOSED ORDINANCE AMENDMENT

Submitting a Proposed Ordinance Amendment sponsored by

TONI PRECKWINKLE, Cook County Board President, and ELIZABETH “LIZ” DOODY GORMAN, Cook County Commissioner

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Effective immediately, Section 38-132, entitled ADVISORY COMMITTEE, of the Cook County Code, is amended as follows:

Sec. 38-132. Advisory committee.

(a) There shall be created a Medical Examiner's Advisory Committee made up of 11 members appointed by the President of the Cook County Board of Commissioners with the advice and consent of the Board of Commissioners. Members shall include, but are not limited to, at least one person from each of the following categories:

(1) a member of the medical profession,

(2) a clergyperson,

(3) a funeral director,

(4) an attorney from the Cook County State's Attorney Office,

(5) a Commissioner representing the people of Cook County,

(6) a member of the Chicago Police Department,

(7) a representative from the Cook County Sheriff’s Office, and

(8) a member of the public.

(b) The members of this committee shall serve without pay.

(c) The members of this committee shall attend meetings to be held at the Medical Examiner’s Office on a quarterly basis, beginning with the third quarter of the fiscal year in which this Ordinance is enacted.

(d) The committee shall prepare an annual report. The report shall be distributed to the individual members of the Board of Commissioners and the President’s Office before January 31 of each year. The report shall include minutes of meetings of the Advisory Committee over the past year, including a list of attendees at each meeting, and recommendations for improving operations of the Medical Examiner’s Office and service to the residents of Cook County. The Medical Examiner’s Office shall provide administrative support as necessary.

(e) The members of the committee shall have a fiduciary responsibility to protect the dignity of the deceased that are brought into the Cook County Medical Examiner’s Office. ______

In accordance with Cook County Code Section 2-107(z)(1) Amendment or suspension of rules, Commissioner Daley, seconded by Commissioner Sims, moved to suspend Section 2-107(h)(1) Prior notice to public; agendas. The motion carried unanimously.

Commissioner Daley, seconded by Commissioner Sims, moved that the Proposed Ordinance Amendment be referred to the Committee on Finance. (Comm. No. 316959). The motion carried unanimously.

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COMMISSIONERS

PROPOSED CONTRACTS

Transmitting a communication dated February 29, 2012 from

DEBORAH SIMS, Chairman, 2010 Census Redistricting Committee and PETER N. SILVESTRI, Vice Chairman, 2010 Census Redistricting Committee

In accordance with Cook County Home Rule Authority, the Redistricting Committee (“Committee”) hereby requests authorization for the Chief Procurement Officer to enter into and execute a sole source professional services contract Election Data Services, Inc., Washington, D.C., to provide redistricting software and support services to redraw districts of the Cook County Board of Commissioners with data from the 2010 census. Services will include all hardware, software, training and support, preparation of a redistricting database, and various analytical and consulting services required to complete the redistricting project.

Reason: Election Data Services, Inc. has a long history of involvement with redistricting in Cook County and Illinois and provided the election districting software and support services for the original districting project for the Board of Commissioners and the remap in 2001. Election Data Services, Inc. is considered to be the foremost authority on districting software and redistricting analysis.

Estimated Fiscal Impact: $521,850.00 (490-260 Account). Contract period: March 1, 2012 through February 28, 2013. ______

In accordance with Cook County Code Section 2-107(z)(1) Amendment or suspension of rules, Commissioner Daley, seconded by Commissioner Sims, moved to suspend Section 2-107(h)(1) Prior notice to public; agendas. The motion carried unanimously.

Commissioner Sims, seconded by Commissioner Silvestri, moved that the communication be referred to the Committee on 2010 Census Redistricting. (Comm. No. 316961). The motion carried unanimously.

* * * * *

Transmitting a communication dated February 29, 2012 from

DEBORAH SIMS, Chairman, 2010 Census Redistricting Committee and PETER N. SILVESTRI, Vice Chairman, 2010 Census Redistricting Committee

In accordance with Cook County Home Rule Authority, the Redistricting Committee (“Committee”) hereby requests authorization for the Chief Procurement Officer to enter into and execute a sole source professional services contract with Peter A. Creticos, LTD (“PAC, LTD”) to provide professional support and advice to the Committee on the development and final design of a map establishing 17 single member districts for the Cook County Board of Commissioners.

Professional services will be provided under this agreement by Mr. Peter A. Creticos, Ph.D., and his team. Services will include but not be limited to providing professional support and advice to the

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Committee on the development and final design of the Committee Map, collecting views from the public, community and civic organizations and the elected officials, engaging in research, coordinating assembly of Census Bureau materials, review of other recent local remap proceedings and maps as well as provide staff support for preparation and presentations at public hearing and office support for public access. Except for the staff provided by Election Data Services, PAC, LTD will supervise all staff engaged in the operations of the Committee, the operations of the Committee office, and the design, development and production of the Committee map that will be presented to the Cook County Board and the President for consideration and final adoption.

Reason: PAC, LTD is uniquely qualified due to the fact that Dr. Creticos was a principal participant in the preparation of the original district maps for the Cook County Board of Commissioners as well as the re-map in 2001. Dr. Creticos will have primary responsibility for the services to be provided PAC, LTD during this project in the development of district maps.

PAC, LTD’s professional team includes the services provided by Dr. Creticos and his professional experts as well servicers provided by his senior advisor on redistricting, his senior associate to lead operational matters and day to day staff support provided by graduate student interns from the College of Urban Planning and public Administration at the University of Illinois at Chicago.

Estimated Fiscal Impact: $100,000.00. Contract period: March 1, 20012 through September 30, 2012. (490-260 Account). ______

In accordance with Cook County Code Section 2-107(z)(1) Amendment or suspension of rules, Commissioner Daley, seconded by Commissioner Sims, moved to suspend Section 2-107(h)(1) Prior notice to public; agendas. The motion carried unanimously.

Commissioner Sims, seconded by Commissioner Silvestri, moved that the communication be referred to the Committee on 2010 Census Redistricting. (Comm. No. 316962). The motion carried unanimously.

* * * * *

Transmitting a communication dated February 29, 2012 from

DEBORAH SIMS, Chairman, 2010 Census Redistricting Committee and PETER N. SILVESTRI, Vice Chairman, 2010 Census Redistricting Committee

In accordance with Cook County Home Rule Authority, the Redistricting Committee (“Committee”) hereby requests authorization for the Chair of the Redistricting Committee to execute a legal engagement with the law firm of Miner, Barnhill & Galland Chicago, Illinois, to serve as lead counsel for the Redistricting Committee of the Cook County Board of Commissioners, under the direction of the Chair of the Committee, or her designee, to perform various legal services. Attorney Judson Miner will be the lead and principal counsel and will be engaged to perform the following services:

1. research redistricting law and legal standards applicable to Cook County redistricting under federal and Illinois constitutional and statutory requirements and case law

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principles, including without limitation the Voting Rights Act and the right to use adjusted data, and update the same for recent decisions;

2. render advice and counsel to the Redistricting Committee regarding the foregoing and regarding methods and approaches to redrawing of districts, appropriateness of use of particular data, use of mapping and computer technology, coordination with election administration boundaries (including precinct boundaries), and other issues relating to redistricting:

3. provide a comprehensive analysis of federal court rulings on traditional redistricting principles, such as district compactness, district contiguity, and respect for political subdivisions and communities of interest;

4. review and advise on applicable congressional, legislative, and City of Chicago remap proceedings;

5. work with County staff and consultants to coordinate assembly of Census Bureau materials and maps required or advisable for redistricting;

6. attend meetings of the Redistricting Committee and of the Board of Commissioners as requested;

7. supervise co-counsel authorized by the Redistricting Committee; and

8. perform such other work assignments relating to redistricting and to related laws and ordinances as the Redistricting Committee might assign.

The fee for such proposal services would be $35,000. Such fee would be payable in progress payments as follows:

$8,750 upon completion of four public hearings of the Redistricting Committee; $8,750 upon completion of the final public hearing of the Redistricting Committee; $8,750 upon creation of the initial map by the Redistricting Committee; and $8,750 upon adoption of a final map by the Cook County Board of Commissioners.

Mr. Miner, has direct experience working on remaps for the City of Chicago and has extensive experience in the practice of civil rights litigation, civil rights and redistricting litigation, municipal and election law.

Estimated Fiscal Impact: $35,000.00. (490-260 Account). Period of Engagement: March 13, 2012 through September 30, 2012. ______

In accordance with Cook County Code Section 2-107(z)(1) Amendment or suspension of rules, Commissioner Daley, seconded by Commissioner Sims, moved to suspend Section 2-107(h)(1) Prior notice to public; agendas. The motion carried unanimously.

Commissioner Sims, seconded by Commissioner Silvestri, moved that the communication be referred to the Committee on 2010 Census Redistricting. (Comm. No. 316963). The motion carried unanimously.

* * * * *

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Transmitting a communication dated February 29, 2012 from

DEBORAH SIMS, Chairman, 2010 Census Redistricting Committee and PETER N. SILVESTRI, Vice Chairman, 2010 Census Redistricting Committee

In accordance with Cook County Home Rule Authority, the Redistricting Committee (“Committee”) hereby requests authorization for the Chair of the Redistricting Committee to execute a legal engagement with Anthony B. Bass of Grasso Bass, PC, Chicago, Illinois to retain his services as co-counsel for the Redistricting Committee of the Cook County Board of Commissioners, under the direction of the Chair of the Committee, or her designee, to perform the following services:

1. research redistricting law and legal standards applicable to Cook County redistricting under federal and Illinois constitutional and statutory requirements and case law principles, including without limitation the Voting Rights Act and the right to use adjusted data, and update the same for recent decisions as requested by Committee Chair or lead counsel;

2. render advice and counsel to the Redistricting Committee regarding the foregoing and regarding methods and approaches to redrawing of districts, appropriateness of use of particular data, use of mapping and computer technology, coordination with election administration boundaries (including precinct boundaries), and other issues relating to redistricting:

3. review applicable congressional, legislative, and City of Chicago remap proceedings;

4. work with County staff and consultants to coordinate assembly of Census Bureau materials and maps required or advisable for redistricting as directed;

5. attend meetings of the Redistricting Committee and of the Board of Commissioners as requested;

6. perform such other work assignments relating to redistricting and to related laws and ordinances as the Redistricting Committee might assign.

The fee for such co-counsel services will be $12,000. Such fee would be payable in progress payments as follows:

$3,000 upon completion of four public hearings of the Redistricting Committee; $3,000 upon completion of the final public hearing of the Redistricting Committee; $3,000 upon creation of the initial map by the Redistricting Committee; and $3,000 upon adoption of a final map by the Cook County Board of Commissioners.

Mr. Bass’ services are requested as co-counsel on redistricting due to his past experience providing advice and support on both City of Chicago and Cook County remaps as well as his experience in municipal and election law. Furthermore, Mr. Bass has extensive experience in government relations and will be an asset as co-counsel on this project due to his experience in municipal and election law.

Estimated Fiscal Impact: $12,000.00. (490-260 Account). Period of Engagement March 13, 2012 through September 30, 2012. ______

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In accordance with Cook County Code Section 2-107(z)(1) Amendment or suspension of rules, Commissioner Daley, seconded by Commissioner Sims, moved to suspend Section 2-107(h)(1) Prior notice to public; agendas. The motion carried unanimously.

Commissioner Sims, seconded by Commissioner Silvestri, moved that the communication be referred to the Committee on 2010 Census Redistricting. (Comm. No. 316964). The motion carried unanimously.

* * * * *

Transmitting a communication dated February 29, 2012 from

DEBORAH SIMS, Chairman, 2010 Census Redistricting Committee and PETER N. SILVESTRI, Vice Chairman, 2010 Census Redistricting Committee

In accordance with Cook County Home Rule Authority, the Redistricting Committee (“Committee”) hereby requests authorization for the Chair of the Redistricting Committee to execute a legal engagement with the law firm of Schirott, Luetkehans & Garner, P.C., Itasca, Illinois to retain its services as co- counsel for the Redistricting Committee of the Cook County Board of Commissioners, under the direction of the Chair of the Committee, or her designee, to perform the following services:

1. research redistricting law and legal standards applicable to Cook County redistricting under federal and Illinois constitutional and statutory requirements and case law principles, including without limitation the Voting Rights Act and the right to use adjusted data, and update the same for recent decisions as requested by Committee Chair or lead counsel;

2. render advice and counsel to the Redistricting Committee regarding the foregoing and regarding methods and approaches to redrawing of districts, appropriateness of use of particular data, use of mapping and computer technology, coordination with election administration boundaries (including precinct boundaries), and other issues relating to redistricting:

3. review applicable congressional, legislative, and City of Chicago remap proceedings;

4. work with County staff and consultants to coordinate assembly of Census Bureau materials and maps required or advisable for redistricting as directed;

5. attend meetings of the Redistricting Committee and of the Board of Commissioners as requested;

6. perform such other work assignments relating to redistricting and to related laws and ordinances as the Redistricting Committee might assign.

The fee for such co-counsel services will be $12,000. Such fee would be payable in progress payments as follows:

$3,000 upon completion of four public hearings of the Redistricting Committee; $3,000 upon completion of the final public hearing of the Redistricting Committee; $3,000 upon creation of the initial map by the Redistricting Committee; and

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$3,000 upon adoption of a final map by the Cook County Board of Commissioners.

The firm’s services are requested as co-counsel on redistricting due its experience in municipal, election and civil rights law as well as their government relations experience.

Estimated Fiscal Impact: $12,000.00. (490-260 Account). Period of Engagement March 13, 2012 through September 30, 2012. ______

In accordance with Cook County Code Section 2-107(z)(1) Amendment or suspension of rules, Commissioner Daley, seconded by Commissioner Sims, moved to suspend Section 2-107(h)(1) Prior notice to public; agendas. The motion carried unanimously.

Commissioner Sims, seconded by Commissioner Silvestri, moved that the communication be referred to the Committee on 2010 Census Redistricting. (Comm. No. 316965). The motion carried unanimously.

* * * * *

Transmitting a communication dated February 29, 2012 from

DEBORAH SIMS, Chairman, 2010 Census Redistricting Committee and PETER N. SILVESTRI, Vice Chairman, 2010 Census Redistricting Committee

In accordance with Cook County Home Rule Authority, the Redistricting Committee (“Committee”) hereby requests authorization for the Chair of the Redistricting Committee to execute a legal engagement with Richard Velázquez, Esq. of VELÁZQUEZRODRÍGUEZ LLC, Chicago, Illinois to retain his services as co-counsel for the Redistricting Committee of the Cook County Board of Commissioners, under the direction of the Chair of the Committee, or her designee, to perform the following services:

1. research redistricting law and legal standards applicable to Cook County redistricting under federal and Illinois constitutional and statutory requirements and case law principles, including without limitation the

Voting Rights Act and the right to use adjusted data, and update the same for recent decisions as requested by Committee Chair or lead counsel;

2. render advice and counsel to the Redistricting Committee regarding the foregoing and regarding methods and approaches to redrawing of districts, appropriateness of use of particular data, use of mapping and computer technology, coordination with election administration boundaries (including precinct boundaries), and other issues relating to redistricting:

3. review applicable congressional, legislative, and City of Chicago remap proceedings;

4. work with County staff and consultants to coordinate assembly of Census Bureau materials and maps required or advisable for redistricting as directed;

5. attend meetings of the Redistricting Committee and of the Board of Commissioners as requested;

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6. perform such other work assignments relating to redistricting and to related laws and ordinances as the Redistricting Committee might assign.

The fee for such co-counsel services will be $12,000. Such fee would be payable in progress payments as follows:

$3,000 upon completion of four public hearings of the Redistricting Committee; $3,000 upon completion of the final public hearing of the Redistricting Committee; $3,000 upon creation of the initial map by the Redistricting Committee; and $3,000 upon adoption of a final map by the Cook County Board of Commissioners.

Mr. Velázquez’s services are requested as co-counsel due to his extensive knowledge of the County, his familiarity with County districts, and his ability to research and render advice to the Committee.

Estimated Fiscal Impact: $12,000.00. (490-260 Account). Period of Engagement March 13, 2012 through September 30, 2012. ______

In accordance with Cook County Code Section 2-107(z)(1) Amendment or suspension of rules, Commissioner Daley, seconded by Commissioner Sims, moved to suspend Section 2-107(h)(1) Prior notice to public; agendas. The motion carried unanimously.

Commissioner Sims, seconded by Commissioner Silvestri, moved that the communication be referred to the Committee on Redistricting. (Comm. No. 316966). The motion carried unanimously.

PROPOSED ORDINANCE AMENDMENTS

Submitting a Proposed Ordinance Amendment sponsored by

ELIZABETH “LIZ” DOODY GORMAN, JOAN PATRICIA MURPHY, EDWIN REYES, LARRY SUFFREDIN and JEFFREY R. TOBOLSKI, County Commissioners

PROPOSED ORDINANCE AMENDMENT

NOW, THEREFORE, BE IT ORDAINED, by the Cook County Board of Commissioners, that Chapter 2 Administration, Article IV Officers and Employees, Division 8 Internet, Section 2-320 of the Cook County Code is hereby amended as follows:

Sec. 2-320. - Internet advertising Advertising.

(a) Definitions. The following terms used in this section shall have the meanings as set forth below:

Advertising means Internet advertising, which may include, but is not limited to, banners and icons that may include links to commercial and/or noncommercial Internet sites. Internet advertising shall not include "spy-ware", "mal-ware" and/or any "viruses" and/or programs considered to be malicious., but is not limited to, the public promotion of a product, service, business, or event.

Websites mean any current or subsequent sites, websites, Internet pages, and/or web pages of the government offices. Offices of the Cook County Assessor, Clerk of the Circuit Court of Cook County and the Cook County Recorder of Deeds, with the respective Internet addresses and/or subdomains of:

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www.cookcountyassessor.com; www.cookcountyclerkofcourt.org; and www.ccrd.info; these These websites are meant to provide the public with information pertaining to the services offered by each of these offices, including relevant forms and searchable data.

Direct Mail Advertising means advertising which may include, but is not limited to, inserts for commercial and/or noncommercial businesses, products, or services placed in notices being sent to the public.

Internet advertising means advertising on a website which may include, but is not limited to, banners and icons that may include links to commercial and/or noncommercial Internet sites. Internet advertising shall not include "spy-ware", "mal-ware" and/or any "viruses" and/or programs considered to be malicious.

Government Office(s) or Office(s) means the Offices of the Cook County Assessor, Clerk of the Circuit Court of Cook County and the Cook County Recorder of Deeds.

Government Office(s) Asset(s) or Government Asset(s) means any and all assets owned and/or controlled by the respective Government Office(s) including, but not limited to, the office’s website, emails, official notices and mailings.

(b) The Cook County Assessor, the Clerk of the Circuit Court of Cook County and the Cook County Recorder of Deeds government offices are herein authorized to place commercial and noncommercial advertising on their respective websites, on, but not limited to their own respective websites, emails, official notices, mailings, and/or other government assets owned, controlled and/or available to each respective Office at their discretion. Each Office may make their own requests for proposals for the purpose of identifying potential advertisers.

(c) Each Office will identify qualified advertisers and qualified advertising material by reviewing the submissions pursuant to the policy considerations as stated in Exhibit A (the Internet Advertising Guidelines) as amended [initially attached to Ordinance No. 07-O-10]. The guidelines are for the purpose of establishing standards for the acceptance of advertisements for the websites.

(d) Each Office is authorized to enter into agreements with qualified advertisers for the purpose of providing advertising space on their websites on their respective government office asset and charge a fee for that service. The fee charged shall be based on the contract for services between the respective government office and the advertiser.

(e) The websites government office asset shall be used exclusively to provide information from the Offices of the Cook County Assessor, Clerk of the Circuit Court of Cook County and the Cook County Recorder of Deeds government offices to the public and shall not be used as a public forum.

(f) Chapter 34, Article IV of the Cook County Code shall not be applicable to the advertisement ordinance.

Effective Date: This amended Ordinance shall be effective upon adoption. ______

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This item was WITHDRAWN at the request of the sponsor.

* * * * *

Submitting a Proposed Ordinance Amendment sponsored by

EDWIN REYES and JEFFREY R. TOBOLSKI, Cook County Commissioners

PROPOSED ORDINANCE AMENDMENT

THEREFORE BE IT ORDAINED, by the Cook County Board of Commissioners, that Chapter 34 Finance, Article II County Funds and Accounts, Section 34-40 of the Cook County Code is hereby amended as follows:

Sec. 34-40. Use of contingency funds by Commissioners (018-890).

(a) Contingency funds may be provided to assist Commissioners in the execution of their official duties and responsibilities as Cook County Board Commissioners.

(b) These funds must be allocated or provided for in each Commissioner’s annual budget request.

(bc) The following guidelines shall apply to the expenditure and reimbursement of contingency funds by each Commissioner:

(1) Contingency funds shall be expended for:

a. Costs relating to attendance at meetings and events, including meals, excluding alcoholic beverages, in the performance of official duties;

b. Travel and transportation expenses for county functions, meetings and duties. Such expenses may include reimbursement for gas or automobile usage, not both. If vehicle usage is less than 100% for County business, percentage of vehicle usage attributable to County business must be specified ;

c. Qualified Educational programs related to government, finance, or other topics generally associated with the functions of county government, at time course or program is taken or completed;

d. Newspapers, journals, magazines, or books related to official duties;

e. Membership fees for community, or civic organizations;

f. Attendance at civic, social, fraternal, and other events sponsored by community groups and associations, including religious and charitable events, as long as such expenses for attendance are for attendance at such events and not for the general promotion of any particular religious, philanthropic, or charitable mission or objective;

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g. Costs directly related to the provision of constituent services must be specifically identified as such and related to duties and responsibilities as Cook County Board Commissioners.

(2) Funds shall not be utilized for political activities, including, but not limited to:

a. Travel or transportation expenses to political or fundraising events;

b. The printing, publishing, or mailing of materials for political or fundraising events;

c. Donations to campaign funds.

(3) Contingency funds shall not be expended for or accepted as additional income.

(4) Use of Contingency account funds must be approved by the Executive Director of the Cook County Board of Ethics for compliance with the aforementioned use criteria prior to submission and payment by the Office of the Comptroller. The Director will promptly notify Commissioners of approval or the need for clarification, documentation or denial of approval. Within 30 days of the end of each quarter of the County's fiscal year, each Commissioner shall submit an expenditure report and supporting documentation detailing the expenses incurred by his or her office during that quarter to the Secretary to the Board of Commissioners, supported by:

a. Mileage logs, fuel receipts, parking receipts, toll charges, routine repair and upkeep receipts , and proof of payment for financing costs associated with a vehicle used in the performance of official duties;

b. Copies of travel documents; itineraries, accommodation or travel confirmations;

c. Copies of cancelled checks, appropriately redacted bank or credit card statements;

d. Course descriptions, proof of payment, and general detail of relevance to official duties for qualified educational programs;

e. egible rReceipts for or any other records related to expenses specified in this section.

(5) The Director of the Cook County Board of Ethics shall determines compliance with the usage criteria set forth herein, and approves prior to payment, requests for expenditures made in accordance with this Ordinance. The Director shall promptly notify Board Commissioners in writing of determination. this section.

(6) The Secretary to the Board of Commissioners shall post the quarterly expenditure reports and appropriate supporting documentation described in Subsection (b)(4) to a publicly accessible web page within 15 days of receipt as well as a report from the Board of Ethics or the Director of the Cook County Board of Ethics indicating compliance.

(7) Monies expended from the contingency fund found not to be in compliance with the above guidelines shall be returned to Cook County. Requests for reimbursement shall be denied by the Comptroller, should a Commissioner fail to adhere to the provisions of Section 4 providing for approval prior to payment, failure to adhere to the provisions of

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Section 6 regarding timely submissions of reports and supporting documentation, and failure to respond to compliance requests by the Director of the Cook County Board of Ethics. ______

In accordance with Cook County Code Section 2-107(z)(1) Amendment or suspension of rules, Commissioner Daley, seconded by Commissioner Sims, moved to suspend Section 2-107(h)(1) Prior notice to public; agendas. The motion carried unanimously.

Commissioner Daley, seconded by Commissioner Sims, moved that the Proposed Ordinance Amendment be referred to the Committee on Finance. (Comm. No. 316977). The motion carried unanimously.

PROPOSED RESOLUTIONS

Submitting a Proposed Resolution sponsored by

ELIZABETH “LIZ” DOODY GORMAN, JOAN PATRICIA MURPHY, EDWIN REYES, LARRY SUFFREDIN and JEFFREY R. TOBOLSKI, County Commissioners

PROPOSED RESOLUTION

EXHIBIT A INTERNET ADVERTISEMENT POLICY

WHEREAS, under Chapter 2, Article IV, Division 8, Section 2-320 of the Cook County Code, as amended, the government offices are authorized to place commercial and non-commercial advertising on, but not limited to, their respective websites and government assets; and

WHEREAS, Each Office will identify qualified advertisers and qualified advertising materials for their respective websites pursuant to policy considerations; and

WHEREAS, guidelines which establish standards for the acceptance of advertisements for the websites are necessary; and

WHEREAS, Cook County, as a home rule unit of government that derives its power from both State Statute and State Constitution, is authorized to exercise or perform any function pertaining to government affairs; and

WHEREAS, the creation, maintenance and operation of the government offices necessitates the expenditure of County funds; and

WHEREAS, the Cook County Board of Commissioners recognizes the desire to reduce the reliance on County funds for the operation of government offices through the utilization of advertising to offset costs; and

WHEREAS, the Cook County Board of Commissioners recognizes that advertising is a highly dynamic market and that government offices require the flexibility to timely capture advertising market share; and

WHEREAS, the Cook County Board of Commissioners recognizes that the procedures of the of the Procurement Code, codified in Chapter 34, Article IV, lacks the requisite expedience to effectively capture the available advertising market share; and

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WHEREAS, by not applying Chapter 34, Article IV to the Advertising Ordinance, the Cook County Board of Commissioners intends to provide Government Offices the flexibility required to better utilize advertising in order to offset costs; and

WHEREAS, due to the nature of advertising, the Cook County Board of Commissioners recognizes that the advertising involves business risks; and

NOW, THEREFORE, BE IT RESOLVED, That the Cook County Board does hereby accept the Internet Advertising Guideline set forth herein as Exhibit A as referenced in Sec. 2-230(c) of the Internet Advertising Ordinance; and

BE IT FURTHER RESOLVED, that each Office shall use these Guidelines when evaluating potential advertisers or advertising materials for placement on their respective websites.

Purpose:

The websites of the Offices of the Cook County government Assessor, the Clerk of the Circuit Court of Cook County and the Cook County Recorder of Deeds are available to anyone using the Internet. Government websites are unique, as they are also subject to government laws and regulations. Visitors to the website expect accurate information, with this in mind; government offices the Assessor, the Clerk of the Circuit Court of Cook County and the Cook County Recorder of Deeds have the responsibility to insure that sponsorship, i.e., advertisers, are sensitive to a diverse customer audience.

The Offices’ government offices’ website and government assets are non-public forum and Assessor, the Clerk of the Circuit Court of Cook County and the Cook County Recorder of Deeds neither endorse nor support individual private commercial enterprises.

These governmental websites will be reasonably restricted based on the policies listed below. The restrictions are not an effort to suppress expression but to insure that the quality and caliber of the content submitted by advertisers is appropriate and compatible with the websites’ purposes. Advertisements are restricted to size and design determined by the Offices government offices.

Definitions:

Advertising: the public promotion of a product, service, business, or event

Internet Advertising: Internet advertising may include, but is not limited to, banners and icons that may include links to commercial and/or non-commercial internet sites. Internet advertising shall not include “spy-ware”, “mal-ware” and/or any “viruses” and/or programs considered to be malicious.

Direct Mail Advertising means advertising which may include, but is not limited to, inserts for commercial and/or noncommercial businesses, products, or services placed in notices being sent to the public.

Websites means any current or subsequent sites, websites, internet pages, and/or web pages, with the Internet addresses and/or subdomains of the www.cookcountyassessor.com, www.cookcountyclerkofcourt.org, www.ccrd.info government offices. These websites are meant to provide the public with information pertaining to the services offered by each of the offices, including relevant forms and searchable data.

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Non-public forum means the Websites that are government office’s assets that are used exclusively to provide information from the Offices to the public.

Government Office(s) or Office(s) means the Offices of the Cook County Assessor, Clerk of the Circuit Court of Cook County and the Cook County Recorder of Deeds.

Government Official means the head of the Government Office either elected or appointed and/or his/her appointed agent, employee or assignee.

Government Office(s) Asset(s) or Government Asset(s) means any and all assets owned and/or controlled by the respective Government Office(s) including, but not limited to, the office’s website, emails, official notices and mailings.

The Offices will consider advertisers and advertising content based on the following general policies:

1. It is the intent of the Offices to offer the opportunity to advertise only to advertisers who meet the Internet Advertisement Policy guidelines, regardless of age, sex, ethnic origin, gender or other factors. The Offices will review potential advertisers and advertising content in order to insure that no appearance of endorsement by the each respective Office is created.

2. Advertising for attorneys or taxpayer representatives who file appeals with the Assessor’s Office or who file documents with the Clerk of the Circuit Court of Cook County or Recorder’s. The Clerk of the Circuit Court of Cook County will not accept advertising from for-profit services offering monetary loans or advances.

3. 2. No advertisements or links to sites containing inappropriate material will be accepted. The Offices reserves the right to deny any and all requests for inclusion of inappropriate advertisements on the Website. In addition, each Office reserves the right of removal of any inappropriate link and/or advertisement from their respective website.

Inappropriate material includes but is not limited to the following:

Inappropriate advertising examples include:

a. Unauthorized or unapproved use of the Offices’ advertisement assets (such as, talent, logos, characters, etc.), b. Gun advertisements (firearms, bullets, etc.), c. Pornography advertisements, including but not limited to any site selling, showing, linking, offering for free or otherwise, sex related matters in any medium and/or media, products or services that include massage parlors, escort services and/or matters with sexual overtones, d. Potentially slanderous or libelous content, e. Bad language, body parts, proxies for bad language, f. Indecent language or behavior, g. Gambling, h. Hostility or violence, i. Illegal discrimination of any group, j. Attacks considered ethnic, racial, sexual, or religious, k. Harmful to children, emotionally or physically. l. Alcoholic beverages, m. Tobacco products, n. Inherently dangerous products,

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o. Advertisements and/or links for products and/or services that violate the law, p. Advertising that is false, misleading, deceptive and/or offensive to the moral standards of the community, or contrary to good taste, q. Advertising which might be contrary to the best interests of the County, its departments, appointed and elected officials, respectively, states or suggests that proponents or opponents of the persons or measures advertised are vulgar, greedy, immoral, monopolistic, illegal or unfair, r. Political advertising, s. Involve or refer to political, religious, moral or environmental issues subject to public debate, t. Any information that would subject the website to be a public forum, u. Links to sites that contain malicious software that may be uploaded and/or downloaded to the internet user’s computer, including but not limited to spyware, adware, malicious pop-ups, and/or viruses. Non-malicious “Cookies”, a very small text document that often includes anonymous unique identifiers, are excepted.

4. 3. Advertisement requirements a. Each Office reserves the right to reject or to suspend any advertisement that is deemed by the Assessor, the Clerk of the Circuit Court of Cook County and the Cook County Recorder of Deeds Government Official, in his/her sole discretion, to disrupt site service or performance or is reported to negatively affect user experience. b. The advertising content must be clearly identifiable as an advertisement. c. The advertiser must fulfill the advertised offer as stated in the advertisement, including without limitation, not altering any offer periods, product offers or prices that are stated in the advertisement unless advertiser has obtained the assessor's prior approval. d. Advertisements cannot mislead the user. For example, they may not mimic or resemble Windows/Mac/Unix dialog boxes, error messages, or the like. e. Advertisements cannot resemble www.cookcountyassessor.com, www.cookcountyclerkofcourt.org, www.ccrd.infothe government office website content. f. Advertisements cannot solicit or collect, or appear to solicit or collect, any personally identifiable information from www.cookcountyassessor.com, www.cookcountyclerkofcourt.org, www.ccrd.info government office’s visitors without their knowledge. g. Advertisements cannot contain graphics that simulate interactivity (i.e. Dropdown menus, search boxes etc.). h.g. Advertisements cannot mimic news headlines in design, tone, third person sentence structure, or topic.

i. Audio events:

1. Must be initiated by user click 2. Must include a clearly labeled button or link to stop audio 3. Audio clips cannot loop 4. Additional specifications that amend or supersede these general guidelines may apply for individual ad products.

5. 4. Government Office Rules and Regulations Each Office is hereby authorized to promulgate rules and regulations regarding any and all internet advertising interaction.

Click-through URLs and third-party code

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a. After clicking on any ad unit, users must be able to return to cookcountyassessor.com by clicking on the browser's back button. b. Any destination URLs that result in a trap door effect (i.e. The user cannot return to www.cookcountyassessor.com, www.cookcountyclerkofcourt.org or by clicking the browser's "back" button), are not permitted. c. User clicks cannot launch stand-alone video/audio players or otherwise display content outside the standard browser window. d. User clicks on advertisement may not result in the launch of multiple browser windows. e. Advertisement cannot launch windows when served. f. Advertisement can launch a new browser window upon user click g. All advertisements, including any javascript and/or tracking code, placed on any online properties of the Offices must be served from a secure location/server. Otherwise, Each Office reserves the right not to place the campaign due to security reasons. h. The advertiser's site must include a privacy policy that is clearly posted.

6. 5. IAB (Internet Advertising Bureau, IAB.net) standards a. Advertising must comply with the standards established by the Internet Advertising Bureau, among other requirements stated in this guideline. b. Additional specifications that amend or supersede these general guidelines may apply for individual ad products.

7. 6. Acceptable advertising materials include but are not limited to:

a. Public Benefit Facilities and Venues. The County has established and maintains certain facilities and venues that promote the arts, science, cultural studies and other public purposes. Advertising and promotion of events, programs and exhibits at such facilities are acceptable.

b. Commercial Enterprise in which the County has a Financial Interest. The County possesses leasehold and other financial interests in certain commercial enterprises, and derives a financial benefit from their activities.

c. County Program Sponsors and Donors - County program sponsors and cash or services donors may be acknowledged through a display of their names, logos or other information.

d. Government Agencies; Academic Institutions; Public-Private Partnerships; Professional, Cultural, Community-Based and Non-Profit Organizations

e. Advertisements from commercial and/or non-commercial entities not contrary to the intent of these guidelines.

8. Notice of Leaving County Website and a Disclaimer

When providing links to Non-County sites, each Office must include a disclaimer on their home page disavowing endorsement or responsibility for the material on sites being linked. The Office shall use a standardized alert or redirect script page that warns users they are leaving the County site and allows them to proceed or cancel. This alert would read: “You are now leaving the Office’s website and linking to a website. The Office does not endorse or support any of the advertising, products and/or services that may be on the website. The

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Office shall not be responsible for any injury, damage, punitive or otherwise from linking to this site. Do you wish to continue? “Yes” or “No.”

9.7. Contractors that Create Websites

All advertisers who contract to place advertisements on the Website shall be provided a copy of this policy. Adherence to these policies will be a condition of the contract.

10.8. Authority of Each Office

The Assessor, the Clerk of the Circuit Court of Cook County and the Cook County Recorder of Deeds government offices are authorized to order removal of material from their respective website that is noncompliant with these adopted guidelines, including but not limited to cancellation of the internet advertising contracts.

11.9. Link Maintenance

Each Office shall routinely check links on their websites to ensure they are functional and contain no material that violates this policy, including but not limited to inappropriate material and/or links to inappropriate materials.

12.10. Rights Reserved

The empowering Ordinance and Guidelines, as amended shall not be considered a vested right, public or private, to have internet advertisement displayed on governmental websites. Each Office shall have discretion in the selection of any and all entities that respond to Requests for Proposal for internet advertisement and also retains the right to reject any and all proposals for internet advertisement.

BE IT FURTHER RESOLVED, that this Resolution shall take effect on the date of its passage and approval. ______

This item was WITHDRAWN at the request of the sponsor.

* * * * *

Submitting a Proposed Resolution sponsored by:

DEBORAH SIMS, Chairman, 2010 Census Redistricting Committee and PETER N. SILVESTRI, Vice Chairman, 2010 Census Redistricting Committee

PROPOSED RESOLUTION

TO ESTABLISH REDISTRICTING PROCEDURES FOR THE COOK COUNTY BOARD OF COMMISSIONERS

WHEREAS, Section 2-105 (e) of the Rules authorizes the Board to create special committees by resolution adopted by a majority of those elected; and

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WHEREAS, Section 2-105 (e) further provides that such resolution creating a special committee shall specify the subject matter of the special committee, the number of members to be appointed, and may specify a reporting date during the term; and

WHEREAS, the County of Cook is called upon by law to redraw its districts every decade based upon the population data compiled and made available by the U.S. Census Bureau; and

WHEREAS, the 2010 Census results have been released, triggering the obligation for Cook County to commence its review of County Board district boundaries; and

WHEREAS, a Redistricting Committee has been established by the Cook County Board of Commissioners to review the 2010 U.S. Census data and to make recommendations to the Board of Commissioners for new County Board district boundaries; and

WHEREAS, it is in the interest of the Redistricting Committee and the public to establish procedures for redistricting.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF COOK COUNTY AS FOLLOWS: that the following procedures shall be implemented and followed for the Cook County Redistricting Committee:

1. The Redistricting Committee of the Cook County Board of Commissioners (“Board”) shall consider plans of single-member districts and recommend one plan for adoption by the County Board. The plan recommended to the Board shall comply with all applicable federal and state constitutional and statutory requirements.

2. The Chair and Vice-Chair of the Redistricting Committee shall establish and post guidelines for public access of redistricting services and ensure said guidelines provide opportunity for all individuals and groups who wish to convey their ideas on redistricting to the Board and to the Redistricting Committee but who otherwise do not have the technical resources to support their efforts; said guidelines shall include opportunity for the public to access by appointment computer hardware and software, operated by redistricting staff, in order to afford fair access to these services.

3. The Redistricting Committee shall conduct at least three public hearings to gather public testimony on re-districting matters. These hearings shall be conducted in advance of the Committee assembling a full plan for consideration. Those wishing to participate are urged to address among other matters issues of communities of interest. A schedule of these public hearings will be announced and published.

4. All meetings of the Redistricting Committee will be conducted in accordance with all applicable laws, including the Open Meetings Act. Notice will be given in accordance with the Open Meetings Act and County Board practice. A citizen or organization that requests written notice shall receive it without charge.

5. Transcripts of any meetings of the Committee will be made available for public inspection within 15 working days of the meeting at the offices of the Secretary of the Board, Cook County Building, 118 N. Clark Street, Room 567, Chicago, Illinois. All written materials submitted as testimony, proposals, or comments to the Committee shall be made available for public inspection within 5 working days of their receipt.

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6. All original plans produced by the public are due by May 1, 2012. A plan may describe a single district or a combination of districts. The public is encouraged to propose plans that incorporate all 17 districts.

7. Any plan submitted to the Committee shall include 19 copies of the following information (one copy will remain in the Committee file, one copy will be submitted to the Secretary of the Board for public inspection, and one copy will be provided to each member of the Committee):

7.1. The plan drawn as a map, showing the boundaries of the proposed district or districts, township boundaries, the limits of the City of Chicago, the names of major streets, roads, highways or physical features defining the boundaries of the proposed district or districts.

7.2. A statistical summary for each existing or proposed district providing:

7.2.1. Total population and voting age population;

7.2.2. The number of African-American and African-American voting age population;

7.2.3. The number of Hispanic and Hispanic voting age population;

7.2.4. The number of Asian and Asian voting age population.

7.3. A written explanation as to how communities of interest are addressed.

7.4. A list of townships and municipalities (or portions thereof) in each proposed district.

7.5. A written description of each proposed district by census tract and block.

7.6. A districting impact statement explaining how the proposed plan satisfies the requirements of the United States and Illinois Constitutions and relevant federal and state statutes (and, specifically, the Voting Rights Act of 1965, as amended). ______

In accordance with Cook County Code Section 2-107(z)(1) Amendment or suspension of rules, Commissioner Daley, seconded by Commissioner Sims, moved to suspend Section 2-107(h)(1) Prior notice to public; agendas. The motion carried unanimously.

Commissioner Sims, seconded by Commissioner Silvestri, moved that the Proposed Resolution be referred to the Committee on 2010 Census Redistricting. (Comm. No. 316960). The motion carried unanimously.

* * * * *

Submitting a Proposed Resolution sponsored by

WILLIAM M. BEAVERS, EARLEAN COLLINS, BRIDGET GAINER, ELIZABETH “LIZ” DOODY GORMAN, GREGG GOSLIN, JOAN PATRICIA MURPHY, EDWIN REYES, TIMOTHY O. SCHNEIDER, ROBERT STEELE and JEFFREY R. TOBOLSKI Cook County Commissioners

21 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

PROPOSED RESOLUTION

WHEREAS, the Board of Commissioners has established and authorized a special committee, the “2010 Census Redistricting Committee”, to review the 2010 census and to prepare district maps for the Cook County Board of Commissioners; and

WHEREAS, such special committee is designated to be comprised of seventeen members, including a Chairperson and Vice-chairperson, to be appointed in accordance with Section 2-105 and 2-105 (e) of the Rules of Organization of the Cook County Board of Commissioners.

NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of Cook County as follows:

That the following persons shall be and are hereby appointed to be members and chairpersons of the 2010 Census Redistricting Committee:

Chair: Sims Vice-Chair: Silvestri Members: Committee of the Whole which is comprised of all Commissioners, including the Chair and Vice-Chair

Pursuant to a contract negotiated by the Cook County Board of Commissioners outside counsel: Burt S. Odelson, Odelson Sterk, LTD shall be retained

Effective Date: This Resolution shall be effective upon passage. ______

In accordance with Cook County Code Section 2-107(z)(1) Amendment or suspension of rules, Commissioner Daley, seconded by Commissioner Sims, moved to suspend Section 2-107(h)(1) Prior notice to public; agendas. The motion carried unanimously.

Commissioner Beavers, moved that the Proposed Resolution be referred to the Committee on 2010 Census Redistricting. The motion died for lack of a second.

CONSENT CALENDAR

12-R-93 RESOLUTION Sponsored by THE HONORABLE JOHN P. DALEY AND PRESIDENT TONI PRECKWINKLE, WILLIAM M. BEAVERS, JERRY BUTLER, EARLEAN COLLINS, JOHN A. FRITCHEY, BRIDGET GAINER, JESUS G. GARCIA, ELIZABETH “LIZ” DOODY GORMAN, GREGG GOSLIN, JOAN PATRICIA MURPHY, EDWIN REYES, TIMOTHY O. SCHNEIDER, PETER N. SILVESTRI, DEBORAH SIMS, ROBERT B. STEELE, LARRY SUFFREDIN AND JEFFREY R. TOBOLSKI, COUNTY COMMISSIONERS

22 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

WHEREAS, the Illinois State Crime Commission was established in 1994 to assist law enforcement in preventing crime in our communities with a unique blend of awareness and activities; and

WHEREAS, the Illinois State Crime Commission presents an annual “Police Chief of the Year” award at its “Salute to Those Who Make A Difference” gala, which will be held in 2012 at Drury Lane in Oak Brook Terrace; and

WHEREAS, at that time the 2012 “Illinois Police Chief of the Year” award will be presented to Bill Villanova, Chief of Police for the Village of Oak Lawn; and

WHEREAS, Chief Villanova first joined the Oak Lawn Police Department in 1977, and was the final police officer to be administered the Oath of Office by then-Village Clerk Ernie Kolb, who would go on to become one of the Southland’s best known and longest serving mayors; and

WHEREAS, Chief Villanova began his career as a patrolman, and quickly established a reputation among his peers as consummate professional, dedicated to protecting the public and bringing criminals to justice; and

WHEREAS, Chief Villanova worked his way up the ranks of the department, earning promotions to Sergeant in 1998, Lieutenant in 2003, and Chief of Detectives in 2004, and

WHEREAS, Chief Villanova was appointed to the office of Chief of Police in 2006, the culmination of a long and decorated career in law enforcement; and

WHEREAS, as the top law enforcement officer in the Village of Oak Lawn, Chief Villanova has set a fine example for all members of his department, to exercise their sworn duties with honor and vigilance, keeping Oak Lawn a safe and secure place to live, work, and raise a family; and

WHEREAS, Chief Villanova now joins the ranks of Illinois Chiefs of Police who have received this prestigious award, including such notable figures as Orland Park Police Chief Tim McCarthy, last year’s honoree; and

WHEREAS, Chief Villanova has truly upheld the highest principals of his office and is richly deserving of recognition for his accomplishments.

NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of Cook County that the Board does hereby offer its congratulations to Chief Bill Villanova on being named 2012 Illinois Police Chief of the Year, and offers its gratitude for his 35 years of outstanding public service in the field of law enforcement; and E IT FURTHER RESOLVED, that this text be spread upon the official proceedings of this Honorable Body, and a suitable copy of same be tendered Chief Villanova to commemorate this occasion.

Approved and adopted this 1st day of March 2012.

TONI PRECKWINKLE, President Cook County Board of Commissioners

Attest: DAVID ORR, County Clerk ______

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In accordance with Cook County Code Section 2-107(z)(1) Amendment or suspension of rules, Commissioner Daley, seconded by Commissioner Murphy, moved to suspend Section 2-107(g)(1) Order of business. The motion carried unanimously.

Commissioner Daley, seconded by Commissioner Murphy, moved that the Resolution be approved and adopted. The motion carried unanimously.

* * * * *

12-R-94 RESOLUTION Sponsored by THE HONORABLE JOHN P. DALEY AND PRESIDENT TONI PRECKWINKLE, WILLIAM M. BEAVERS, JERRY BUTLER, EARLEAN COLLINS, JOHN A. FRITCHEY, BRIDGET GAINER, JESUS G. GARCIA, ELIZABETH “LIZ” DOODY GORMAN, GREGG GOSLIN, JOAN PATRICIA MURPHY, EDWIN REYES, TIMOTHY O. SCHNEIDER, PETER N. SILVESTRI, DEBORAH SIMS, ROBERT B. STEELE, LARRY SUFFREDIN AND JEFFREY R. TOBOLSKI, COUNTY COMMISSIONERS

WHEREAS, in 1976, Robert Hoff successfully completed his training at the Chicago Fire Academy and was assigned to a house as a Probationary Firefighter; and

WHEREAS, Robert Hoff thus commenced a career in public safety with the Chicago Fire Department that would ultimately span more than three decades of service to the people of Chicago;, and

WHEREAS, throughout the course of his career, Robert Hoff has worked in various units of the Chicago Fire Department, and his excellent performance was duly recognized with a variety of leadership assignments and promotions to higher rank; and

WHEREAS, Robert Hoff was further honored for his long and impressive record of service with an appointment as Fire Commissioner by former Mayor Richard Daley in 2010; and

WHEREAS, Robert Hoff is a third generation firefighter who has proudly carried on his family legacy of service, and who has passed on his heritage to his firefighter son; and

WHEREAS, Robert Hoff is a two time winner of the prestigious Carter Harrison Award for bravery, having risked his own life to save others during the course of his duties; and

WHEREAS, Robert Hoff has worked tirelessly to promote greater support and respect for firefighters from the citizens of Chicago for whom they are sworn to protect and serve; and

WHEREAS, in the course of his stellar career, Robert Hoff has enjoyed the support and admiration of his family, his peers, and his fellow firefighters; and

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WHEREAS, after three decades of faithfully upholding his oath to protect and serve, Robert Hoff will retire from active service to the people of Chicago with an impeccable record of leadership at the highest rank of the Chicago Fire Department.

NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of Cook County, that the Board does hereby congratulate Commissioner Robert Hoff on the occasion of his retirement, and does hereby offer its appreciation on behalf of a grateful community for his many years of outstanding public service; and

BE IT FURTHER RESOLVED, that this text be spread upon the official proceedings of this Honorable Body, and a ceremonial copy of same be presented to Robert Hoff to commemorate this event.

Approved and adopted this 1st day of March 2012.

TONI PRECKWINKLE, President Cook County Board of Commissioners

Attest: DAVID ORR, County Clerk ______

Commissioner Daley, seconded by Commissioner Sims, moved that the Resolution be approved and adopted. The motion carried unanimously.

* * * * *

12-R-95 RESOLUTION Sponsored by THE HONORABLE JOHN P. DALEY AND PRESIDENT TONI PRECKWINKLE, WILLIAM M. BEAVERS, JERRY BUTLER, EARLEAN COLLINS, JOHN A. FRITCHEY, BRIDGET GAINER, JESUS G. GARCIA, ELIZABETH “LIZ” DOODY GORMAN, GREGG GOSLIN, JOAN PATRICIA MURPHY, EDWIN REYES, TIMOTHY O. SCHNEIDER, PETER N. SILVESTRI, DEBORAH SIMS, ROBERT B. STEELE, LARRY SUFFREDIN AND JEFFREY R. TOBOLSKI, COUNTY COMMISSIONERS

WHEREAS, Almighty God in His infinite wisdom has called Veronica M. "Ron" Daley from our midst; and

WHEREAS, Veronica M. "Ron" Daley was the beloved wife of John M. "Jack" Daley; and

WHEREAS, Veronica M. "Ron" Daley was the loving mother of the late Rev. John M. Daley, James P. (Susan), Maureen (James) Daley Clarke, Richard B. (Karen), Dr. Robert J. (Moira), William T. and Martin T. (Megan) Daley; and

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WHEREAS, Veronica M. "Ron" Daley was the cherished grandmother of Patrick Daley, Matthew, Bridget McDermott, James and Jack Clarke, Michael, Sean and Kevin Daley and Abigail, Quinn, Flynn and Madeline Daley; and

WHEREAS, Veronica M. "Ron" Daley was the proud great- grandmother of 11, and adoring sister of Sr. Barbara Sheehy and the late Richard Sheehy (Ret. Lt. CPD); and

WHEREAS, Veronica M. "Ron" Daley was a proud member of the Blue Army, Our Lady of Fatima and the 3rd Order of Carmelites; and

WHEREAS, all who knew her will attest that Veronica M. "Ron" Daley was a kind and compassionate woman, virtuous of character and gentle in spirit, admired and respected by her many friends and neighbors, and dearly loved by her family.

BE IT RESOLVED, by the Board of Commissioners of Cook County that the Board does hereby offer its deepest condolences and most heartfelt sympathy to the family and many friends of Veronica M. "Ron" Daley, and joins them in sorrow at this time of loss; and

BE IT FURTHER RESOLVED, that this text be spread upon the official proceedings of this Honorable Body, and a suitable copy of same be tendered to the family of Veronica M. "Ron" Daley, that her memory may be so honored and ever cherished.

Approved and adopted this 1st day of March 2012.

TONI PRECKWINKLE, President Cook County Board of Commissioners

Attest: DAVID ORR, County Clerk ______

Commissioner Daley, seconded by Commissioner Sims, moved that the Resolution be approved and adopted. The motion carried unanimously.

* * * * *

12-R-96 RESOLUTION Sponsored by THE HONORABLE ELIZABETH “LIZ” DOODY GORMAN AND PRESIDENT TONI PRECKWINKLE, WILLIAM M. BEAVERS, JERRY BUTLER, EARLEAN COLLINS, JOHN P. DALEY, JOHN A. FRITCHEY, BRIDGET GAINER, JESUS G. GARCIA, GREGG GOSLIN, JOAN PATRICIA MURPHY, EDWIN REYES, TIMOTHY O. SCHNEIDER, PETER N. SILVESTRI, DEBORAH SIMS, ROBERT B. STEELE, LARRY SUFFREDIN AND JEFFREY R. TOBOLSKI, COUNTY COMMISSIONERS

IN MEMORY OF BARBARA JEAN MARZANO

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WHEREAS, Almighty God, in His infinite wisdom, has taken from our midst Barbara Jean [Cherry] Marzano, born into life on December 9, 1965 and born into eternal life on January 28, 2012; and

WHEREAS, Barbara was the beloved wife of Dan; loving mother of Danielle and Vincent; devoted daughter of John and the late Mary Cherry; dear sister of Mark, Steve, Mary Jo [Mike] Bayer, Michael, John, Sharon [Jim] Kinsella, Nancy [Bill] Toomey, James, Gail [Will CPD] Svilar and the late Colleen and Patrick; daughter-in-law of Ladonna and Michael Guistolise; sister-in-law of Denise [Tom] Mitchell, Debbie [Amonzio] Carocci and Michelle [Bill] Ivey; and fond aunt of many nieces and nephews; and

WHEREAS, Barbara grew up in the Beverly neighborhood of Chicago; she attended Christ the King grade school, Mother McAuley High School and Northern Illinois University; and

WHEREAS, Barbara above all else loved her family without boundaries and was a true role model of a devoted wife and mother; and

WHEREAS, Barbara was an inspiration to everyone who knew her; she went beyond perseverance in the face of illness and was enthusiastic about life and living, and she will live on in the hearts of those whom she touched and loved; and

WHEREAS, Barbara’s laughter, fun-loving spirit, and unmistakable dance moves will be missed by all those who had the pleasure of having her as part of their lives; and

WHEREAS, Barbara was loved and adored by her family and her best friends “Barb’s Buds” and Joey Valentine, who will continue to hold their cherished memories of Barbara in their hearts; and

WHEREAS, Barbara loved and cherished Danny, Danielle and Vincent more than anyone could ever imagine; and

NOW, THEREFORE, BE IT RESOLVED, that the President and Members of the Cook County Board of Commissioners, on behalf of the residents of Cook County, do hereby express our deepest condolences and most heartfelt sympathy to the family as well as to the many friends and loved ones of Barbara Jean Marzano, and

BE IT FURTHER RESOLVED that the text of this resolution be spread across the Journal of these Proceedings and that a suitable copy of this Resolution be tendered to the family of Barbara Jean Marzano so that her rich legacy may be so honored and forever cherished.

Approved and adopted this 1st day of March 2012.

TONI PRECKWINKLE, President Cook County Board of Commissioners

Attest: DAVID ORR, County Clerk ______

Commissioner Daley, seconded by Commissioner Sims, moved that the Resolution be approved and adopted. The motion carried unanimously.

27 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

REPORT OF THE COMMITTEE ON ZONING AND BUILDING

March 1, 2012

The Honorable, The Board of Commissioners of Cook County

ATTENDANCE

Present: Chairman Silvestri, Commissioners Beavers, Butler, Collins, Daley, Fritchey, Gainer, Garcia, Gorman, Goslin, Reyes, Schneider, Sims, Steele, Suffredin and Tobolski (16).

Absent: Vice Chairman Murphy (1).

Ladies and Gentlemen:

Your Committee on Zoning and Building, having had under consideration the matters hereinafter mentioned, respectfully reports and recommends as follows:

SPECIAL USE/UNIQUE USE

315181 DOCKET #8780 - DELORES VANLANEN, Owner/Applicant, 3404 Meadow Lane, Glenview, Illinois 60025, Application (No. SU-11-16; Z11068). Submitted by same. Seeking a SPECIAL USE, UNIQUE USE in the R-5 Single Family Residence District to allow for the continued operation of group seminars (psychotherapists) in groups of 6 to 8 people, 4 to 5 times a year in Section 33 of Northfield Township. Property consists of approximately 0.33 of an acre located on the North side of Meadow Lane approximately 596.15 feet West of Greenwood Road in Northfield Township, County Board District #14. Intended use: For the continued operation of group seminars (psychotherapists) in groups of 6 to 8 people 4 to 5 times a year. Recommendation: That the application be granted.

Conditions: None

Objectors: None

12-O-14 ORDINANCE Sponsored by THE HONORABLE TONI PRECKWINKLE PRESIDENT OF THE COOK COUNTY BOARD OF COMMISSIONERS

AN ORDINANCE GRANTING A SPECIAL USE FOR UNIQUE USE LOCATED IN NORTHFIELD TOWNSHIP AS AUTHORIZED BY THE COOK COUNTY ZONING ORDINANCE

WHEREAS, the owner of certain property located in Northfield Township described in Section 1, herein, has petitioned the Cook County Board of Commissioners for a Special Use for Unique Use, in the R-5 Single Family Residence District for continued operation of group seminars (psychotherapists) in groups of 6 to 8 people, 4 to 5 times a year in Section 33 of Northfield Township; and,

28 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

WHEREAS, the said petition was received by the Zoning Board of Appeals of Cook County as Docket #8780 and a public hearing was held in regard to said request after due notice, all in accordance with the Cook County Zoning Ordinance and the Statutes of the State of Illinois; and

WHEREAS, the Zoning Board of Appeals entered detailed findings in accordance with the standards set forth in the Ordinance recommending that the Cook County Board of Commissioners grant said applications for a Special Use for Unique Use permit; and

WHEREAS, it is the determination that said request be granted in accordance with the recommendations of the Zoning Board of Appeals.

NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of Cook County, Illinois:

Section 1: That the following described property be granted a Special Use for Unique Use, in R-5 Single Family Residence District for continued operation of group seminars (psychotherapists) in groups of 6 to 8 people, 4 to 5 times a year in Section 33 of Northfield Township, Section 33 of Northfield Township.

LEGAL DESCRIPTION

Lot 299 in a Arthur T. McIntosh and Co’s first addition to Glenview Countryside, being a subdivision of parts of Sections 32 and 33, Township 42 North, Range 12, East of the Third Principal Meridian, in Cook County, Illinois.

Parcel located on the North side of Meadow Lane approximately 596.15’ West of Greenwood Road in Northfield Township.

Section 2: That the Special Use for Unique Use, in the in R-5 Single Family Residence District as mentioned in Section 1 of this Ordinance is hereby authorized.

Section 3: That Map 22 of the Cook County Zoning Ordinance, Cook County Comprehensive Plan, and all other pertinent records be and the same shall be changed to show the zoning of the described property in accordance to the provisions of this Resolution, as provided by law, and the Special Use permit be and hereby is authorized.

Section 4: That this Ordinance under the provisions of Section l3.8.9 of the Cook County Zoning Ordinance be in full force and effect from and after its passage and approval, except that if said use is not established within one year as provided in Section13.8.14 said Special Use for Unique Use shall be null and void. That said property be developed and constructed pursuant to the detailing set forth in the testimony and contained in the exhibits and Findings of the Cook County Zoning Board of Appeals hereby incorporated by reference into the Ordinance, as provided by law.

Approved and adopted this 1st day of March 2012.

TONI PRECKWINKLE, President Cook County Board of Commissioners

Attest: DAVID ORR, County Clerk

29 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

Commissioner Goslin, seconded by Commissioner Steele, moved the Approval of Communication No. 315181. The motion carried.

VARIATIONS

316936 DOCKET #8794 - S. STASKIEWICZ, Owner/Applicant, Application (No. V-12-10): Variation to reduce right interior side yard setback from the minimum required 15 feet to 2 feet (existing); and reduce the rear yard setback from the minimum required 5 feet to 2.51 feet (existing) for two sheds in the R-4 Single Family Residence District. The subject property consists of approximately 0.21 of an acre, located on the West side of Paw Paw Avenue, approximately 458 feet South of Sherman Street in Orland Township, County Board District #17. Recommendation: That the application be granted.

Conditions: None

Objectors: None

Commissioner Goslin, seconded by Commissioner Daley, moved the Approval of Communication No. 316936. The motion carried.

316937 DOCKET #8795 - NANCY GOESEL, Owner/Jorge Diaz (Del Mar Builders), Applicant, Application (No. V-12-11): Variation to reduce lot width from the minimum required 150 feet to 130.84 feet (existing); reduce the front yard setback minimum from required 40 feet to 39 feet (existing); and reduce the right interior side yard setback from minimum required 15 feet to 9.59 feet (existing) (amended) for a single family residence fire re-build in the R- 4 Single Family Residence District. The subject property consists of approximately 1.21 acres, located on the Northwest corner of 173rd Street and Parkside Avenue in Bremen Township, County Board District #6. Recommendation: That the application be granted as amended.

Conditions: None

Objectors: None

Commissioner Goslin, seconded by Commissioner Daley, moved the Approval of Communication No. 316936. The motion carried.

316938 DOCKET #8796 - FRANCISCO LOPEZ, Owner/Andrew Venamore, Applicant, Application (No. V-12-12): Variation to reduce the front yard setback from the minimum required 25 feet @ 20% of the lot depth to 13.90 feet (existing); reduce the left interior side yard setback from the minimum required 10 feet to 4.5 feet (existing); reduce right interior side yard setback to 1.5 feet (existing); reduce the lot width from the minimum required 60 feet to 30 feet (existing) for an existing single family residence; and also reduce the rear yard setback from the minimum required 5 feet to 3 feet for a detached garage in the R-5 Single Family Residence District. The subject property consists of approximately 0.09 of an acre, located on the West side of Latrobe Avenue, approximately 68.80 feet North of 48th Street in Section 9 of Stickney Township, County Board District #11. Recommendation: That the application be granted.

30 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

Conditions: None

Objectors: None

Commissioner Goslin, seconded by Commissioner Daley, moved the Approval of Communication No. 316936. The motion carried.

Commissioner Beavers moved to adjourn. Seconded by Commissioner Reyes, the motion carried and the meeting was adjourned.

Respectfully submitted,

COMMITTEE ON ZONING AND BUILDING

PETER N. SILVESTRI, Chairman

ATTEST: MATTHEW B. DeLEON, Secretary ______

Commissioner Silvestri, seconded by Commissioner Butler, moved that the Report of the Committee on Zoning and Building be approved and adopted. The motion carried unanimously.

REPORT OF THE COMMITTEE ON FINANCE

February 29, 2012

The Honorable, The Board of Commissioners of Cook County

ATTENDANCE

Present: Chairman Daley, Vice Chairman Sims, Commissioners Beavers, Butler, Fritchey, Gainer, Garcia, Gorman, Goslin, Murphy, Reyes, Schneider, Silvestri, Steele, Suffredin and Tobolski (16).

Absent: Commissioner Collins (1).

Also Present: Patrick Driscoll, Jr. – Deputy State’s Attorney, Chief, Civil Actions Bureau

Ladies and Gentlemen:

Your Committee on Finance of the Board of Commissioners of Cook County met pursuant to published notice on Thursday, February 29, 2012 at the hour of 10:00 A.M. in the Board Room, Room 569, County Building, 118 North Clark Street, Chicago, Illinois.

316772 AN AMENDMENT TO CHAPTER 74 TAXATION, ARTICLE XI TOBACCO TAX, SECTIONS 74-430 – 74-447 (PROPOSED ORDINANCE AMENDMENT). Submitting a Proposed Ordinance Amendment sponsored by Toni Preckwinkle, President and Jerry Butler, John P. Daley, Bridget Gainer, Jesus G. Garcia, Edwin Reyes, Deborah Sims and

31 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

Robert B. Steele, County Commissioners.

PROPOSED ORDINANCE AMENDMENT

TOBACCO TAX AMENDMENT

BE IT ORDAINED, by the Cook County Board of Commissioners that Chapter 74 Taxation, Article XI Tobacco Tax, Sections 74-430 - 74-447 is hereby amended as follows: Sec. 74-430. - Short title.

This article may be cited as the "Cook County Tobacco Tax Ordinance".

Sec. 74-431. - Definitions.

For the purpose of this article, whenever any of the following words, terms or definitions are used herein, they shall have the meaning ascribed to them in this section.

Altered or mutilated tax stamp means any tax stamp on which the identity information is illegible or incomplete.

Chewing tobacco means any leaf tobacco that is not intended to be smoked.

Cigar means any roll of tobacco wrapped in leaf tobacco or in any substance containing tobacco (other than any roll of tobacco which is a cigarette as defined in this article).

Cigarette means any roll for smoking made wholly or in part of tobacco, irrespective of size or shape and whether such tobacco is flavored, adulterated or mixed with any other ingredient, or not, and the wrapper of which is made of paper or any other substance or material except tobacco.

Concealment means cigarettes, other tobacco products, or cigarette tax stamps, in violation of this article, deliberately hidden to prevent or evade discovery and offered for sale by or in the possession of a wholesale or retail tobacco dealer.

Conspicuous means easily or clearly visible.

Consumer means a person who purchases cigarettes or Other Tobacco Products from a retail tobacco dealer or retail cigarette manufacturer.

Counterfeit cigarettes means any cigarette or pack of cigarettes bearing a false, forged, artificial or imitation manufacturing label.

County means the County of Cook.

Department means the Department of Revenue within the Bureau of Finance of the County of Cook.

Director means the Director of the Department of Revenue.

Improperly stamped pack means, any packs of cigarettes on which is affixed an

32 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012 altered/mutilated; used or reused; or counterfeit tax stamp.

Large cigar means any roll of tobacco wrapped in leaf tobacco or any substance containing tobacco and weighing more than three pounds per thousand.

Little cigar means any roll of tobacco wrapped in leaf tobacco or any substance containing tobacco and not weighing more than three pounds per thousand.

Loose cigarettes means cigarettes that are not contained within a sealed container, pack, or package as provided by the manufacturer or as a result of any wholesale or retail tobacco dealer or person breaking or otherwise opening any cigarette package to sell or distribute individual cigarettes or a number of unpackaged cigarettes that is smaller than the minimum package size of 20 cigarettes or any quantity of cigarettes that is smaller than the smallest package distributed by the manufacturer for individual consumer use.

Loose little cigars mean little cigars that are not contained within a sealed container, pack or package as provided by the manufacturer.

Manufacturer means any person, other than a Retail Cigarette Manufacturer, who makes or fabricates cigarettes and/or tobacco products and sells them.

Other Tobacco pProducts includes, but is not limited to, smokeless tobacco, smoking tobacco, large cigars and little cigars, but does not include cigarettes.

Package means the original packet, box, tin or container whatsoever used to contain and to convey cigarettes or other tobacco products to the consumer.

Person means any individual, corporation, Limited Liability Corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity.

Pipe tobacco includes any tobacco which, because of its appearance, type, packaging or labeling is suitable for use and likely to be offered to, or purchased by, consumers as tobacco to be smoked in a pipe.

Premises means, but is not limited to, buildings, vehicles or any place where cigarette or Other Tobacco Products inventory is possessed, stored or sold.

Purchaser means a buyer of cigarettes or Other Tobacco Products, including but not limited to, retail tobacco dealers, retail cigarette manufacturers and/or consumer or end- user.

Retail cigarette manufacturer means any retail tobacco dealer who provides to consumers tobacco and other material and makes, fabricates, or produces cigarettes or provides to consumers tobacco and other material and equipment for the production and sale of cigarettes within the retailer’s cigarette manufacturer’s premises (as defined herein) in Cook County.

Retail tobacco dealer means any person who engages in the business of selling cigarettes or other tobacco products in the County of Cook to a consumer purchaser for use or consumption and not for resale in any form.

33 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

Roll-your-own tobacco includes any tobacco which, because of its appearance, type, packaging or labeling is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes or cigars or for use as wrappers of cigars or cigarettes.

Sale, resale, selling means any transfer of ownership or possession, or both, exchange or barter, conditional or otherwise, in any manner or by any means whatsoever for a valuable consideration.

Smokeless tobacco includes any snuff, snus, chewing tobacco, or other tobacco products not intended to be smoked.

Smoking tobacco includes granulated, plug cut, crimp cut, ready rubbed and other kinds and forms of tobacco prepared in such manner as to be suitable for smoking in a pipe or cigarette.

Snuff means any finely cut, ground or powered tobacco that is not intended to be smoked.

Snus means any moist tobacco product that is not intended to be smoked.

Stamp means paper or other material with an imprint or decalcomania device thereon, of such size, design, color and denominations as may be prescribed and procured by the Department which, when affixed to a package of cigarettes, shall evidence payment of the tax thereon, as provided by this article.

Tobacco products includes, but is not limited to, any cigars; cheroots; stogies; periques; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snus, snuff or snuff flour; Cavendish; plug and twist tobacco; fine-cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings, and sweeping of tobacco; and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or smoking in a pipe or otherwise, or both chewing and smoking; but does not include cigarettes or tobacco purchased for the manufacture of cigarettes by cigarette wholesale tobacco dealers and manufacturers as defined in this article.

Unit means any division of quantity that may be used as a standard to measure the quantity sold based on length, width, weight such as pounds, ounces and/or grams or volume or some other similar unit of measure, including but not limited to per item.

Unstamped pack means any pack of cigarettes on which a Cook County tax stamp is not affixed.

Use means any exercise of a right or power, actual or constructive, and shall include but is not limited to the receipt, storage, or any keeping or retention for any length of time, but shall not include possession for sale by a retail tobacco dealer, retail cigarette manufacturer or wholesale tobacco dealer as defined in this article.

Used or reused tax stamp means any tax stamp previously affixed to a tobacco product, removed and subsequently affixed to any tobacco product purchased, offered for sale or sold by any person, wholesale or retail tobacco dealer; or any removed tax stamp purchased, offered for sale, sold by, or in the possession of a wholesale or retail tobacco

34 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012 dealer.

Wholesale tobacco dealer means any person who engages in the business of selling or supplying cigarettes and/or Other tTobacco pProducts, who brings or causes to be brought into the County of Cook cigarettes, and/or Other Tobacco Products to any person for sale or resale to retail tobacco dealers and/or retail cigarette manufacturers in or outside the County of Cook. For the purposes of this article, wholesale tobacco dealers also include persons or businesses licensed as tobacco distributors or cigarette distributors with the State of Illinois(35 ILCS 143/10-20).

Sec. 74-432. - Registration of wholesale, retail tobacco dealers and retail cigarette manufacturer.

Wholesale tobacco dealers, retail tobacco dealers and retail cigarette manufacturers as defined in this article, shall register with the Department in accordance with policies or procedures prescribed by the Department.

Sec. 74-433. - Tax imposed; cigarettes, other tobacco products; collection; remittance.

(a) Cigarette Tax rate. A tax at the rate of 100 mils or $0.10 per cigarette is hereby imposed upon all cigarettes possessed for sale and upon the use of all cigarettes within the County of Cook, the ultimate incidence of and liability for payment of said tax to be borne by the consumer of said cigarettes. The tax imposed hereby at the rate of 100 mils or $0.10 per cigarette shall become in force and effect on March 1, 2006. The tax herein levied shall be in addition to any and all other taxes.

(b) Cigarette Tax stamp purchases. The tax imposed in this section shall be paid by purchase of tax stamps from the Department, except as otherwise provided in Subsections 74-446(a) and (b) of this article. The Department shall only sell Cook County cigarette tax stamps to cigarette distributors who are licensed with the State of Illinois. It shall be the duty of every wholesale tobacco dealer, before delivering or causing to be delivered any cigarettes to a retail tobacco dealer in the County of Cook to purchase from the Department a tax stamp for each package of cigarettes and to cancel said stamps prior to the delivery of such cigarettes to any retail tobacco dealer in the County of Cook. Said stamps shall be affixed and cancelled in the manner prescribed by rules and regulations of the Department.

(c) Retail cigarette manufacturer tax rate. A tax at the rate of $0.10 per cigarette is hereby imposed upon each cigarette produced sold by a retail cigarette manufacturer. The tax herein levied shall be in addition to any and all other taxes.

(d) Other tobacco product tax rate.. A tax at the rates specified in this section is hereby imposed upon the sale of all Other Tobacco Products within the County of Cook, the ultimate incidence of and liability for payment of said tax to be borne by the Consumer of said Other Tobacco Products. The tax imposed hereby at the rates listed in subsection (1) shall come into force and effect on March 1, 2012 and subsection (2) on January 1, 2013.

(1) A tax at the following rates is hereby imposed upon the sale of the following products through December 31, 2012: a. Smoking tobacco: $0.30 per ounce or fraction thereof.

35 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012 b. Smokeless tobacco: $0.30 per ounce or fraction thereof. c. Little cigars: $0.05 per unit or cigar. d. Large cigars: $0.25 per unit or cigar.

(2) A tax at the following rates is hereby imposed upon the sale of the following products effective January 1, 2013: a. Smoking tobacco: $0.60 per ounce or fraction thereof. b. Smokeless tobacco: $0.60 per ounce or fraction thereof. c. Little cigars: $0.05 per unit or cigar. d. Large cigars: $0.30 per unit or cigar.

(e) Floor Tax. Notwithstanding subsection (d) of this Section, on or before March 20, 2012 and January 20, 2013, every retail tobacco dealer and retail cigarette manufacturer doing business in the County of Cook shall file with the Department, on forms prescribed by the Department, a sworn inventory of Other Tobacco Products in their possession or control as of 11:59 p.m. on February 29, 2012 and December 31, 2012 respectively. With said inventory, every retail tobacco dealer and retail cigarette manufacturer shall pay to the County taxes at the rates set forth above on said inventory, including any additional taxes due as a result of this article, as amended.

(ef) Wholesale Tobacco Dealer Tax, Retail Tobacco Dealer and Retail Cigarette Manufacturer Tax collection. Any wholesale tobacco dealer who shall remit to the County pay the tax levied by this article to the Department and shall collect the tax from any retail tobacco dealer and/or retail cigarette manufacturer to whom the sale of said cigarettes and/or oOther tTobacco pProducts is made, and any retail tobacco dealer and retail cigarette manufacturer shall, in turn, collect the tax from the purchaser Consumer. of said cigarettes, smoking tobacco, smokeless tobacco, little cigars and large cigars. Any such tax shall be collected as a trustee for and on account of the County of Cook. Nothing in this Article shall be construed to impose a tax upon the occupation of wholesale tobacco dealer, retail tobacco dealer, and retail cigarette manufacturer.

(f) Retail cigarette manufacturer Tax collection. Any retail cigarette manufacturer who shall pay the tax levied by this article to the Department shall collect the tax from the purchaser

(g) Other Tobacco Products Tax collection remittance. It shall be the duty of every wholesale tobacco dealer, and retail cigarette manufacturer to remit tax due for other Tobacco Product sales along with forms prescribed by the Department, on or before the 20th day of the month following the month for which the tax is due.

1. Wholesale Tobacco Dealers. It shall be the duty of every wholesale tobacco dealer to remit the tax due on the sales of Other Tobacco Products to retail tobacco dealers and /or retail cigarette manufacturers in Cook County on forms prescribed by the Department, on or before the 20th day of the month following the month in which the sales of Other Tobacco Products occurred. 2. Retail Cigarette Manufacturers. It shall be the duty of every retail cigarette

36 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

manufacturer to remit the tax due on cigarettes produced and sold on the premises, on forms prescribed by the Department, on or before the 20th day of the month following the month in which the cigarette sales occurred. 3. Retail tobacco dealers and /or retail cigarette manufacturers untaxed Other Tobacco Products. It shall be the duty of every retail tobacco dealer and/or retail cigarette manufacturer that purchases or acquires Other Tobacco Products on which the tax set forth in this Article on Other Tobacco Products has not been paid, to remit the tax due, on forms prescribed by the Department, on or before the 20th day following the month in which the Other Tobacco Products for which taxes were not paid were purchased or acquired by the retail tobacco dealer or retail cigarette manufacturer.

(h) Tax included in sales price. It shall be deemed a violation of this article for a retail tobacco dealer or retail cigarette manufacturer to fail to include the tax imposed in this article in the sale price of cigarettes and other tobacco products to otherwise absorb such tax. The tax levied in this article shall be in addition to any and all other taxes.

(i) Tax debt owed to County. The tax required in this article to be remitted to the County collected by any wholesale tobacco dealer, or retail tobacco dealer, or retail cigarette manufacturer pursuant to this article shall constitute a debt owed by such any wholesale tobacco dealer, or retail tobacco dealer or retail cigarette manufacturer to the County. The tax shall be paid to the person required to collect it as trustee for and on account of the County of Cook.

Sec. 74-434. - Tax free sales.

Wholesale tobacco dealers doing business in Cook County shall not pay or collect a tax with respect to cigarettes and/or other tobacco products which are otherwise subject to the tax when the cigarettes and/or other tobacco products are being sold to the following:

(a) Another wholesale tobacco dealer holding a valid Cook County tobacco wholesaler’s registration certificate; and or

(b) A wholesale tobacco dealer or a retail tobacco dealer in the event,when the selling wholesale tobacco dealer, or its agent, delivers the cigarettes or other tobacco products to a location outside of Cook County.

Sec. 74-435. - Sales, possession, use or hindrance violations and penalties.

(a) It shall be a violation of this article to engage in the sale, possession, or use of any cigarettes and/or other tobacco products subject to any tax provided by this article upon which said tax has not been paid or the stamps affixed and cancelled as herein required, including, as described in this article:

(1) Counterfeit cigarettes or counterfeit other tobacco products. (2) Counterfeit tax stamps. (3) Improperly stamped packs. (4) Unstamped packs.

(b) It shall be a violation of this article for any wholesale tobacco dealer, retail tobacco

37 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012 dealer, or retail cigarette manufacturer to engage in any of the following:

(1) Utilization of used or reused tax stamps by possessing or offering for sale or resale packs of cigarettes affixed with a used or reused tax stamp.

(2) Concealment, as described in this article.

(3) Sell or distribute loose cigarettes. or little cigars.

(4) Sell cigarettes to any person, other than to another registered Cook County wholesale tobacco dealer, unless each package bears an un-mutilated Cook County tax stamp affixed, or where the selling wholesale tobacco dealer, or its agent, delivers the unstamped cigarettes to a location outside Cook County.

(5) Hinder or prevent an authorized Department representative from performing an inspection or audit.

(c) Prima facie presumption. The sale, resale or possession by a wholesale tobacco dealer or retail tobacco dealer of altered/mutilated, counterfeit, used or reused tax stamps; or packs of counterfeit, improperly stamped, unstamped cigarettes or loose cigarettes; and the sale, resale or possession, by a retail tobacco dealer or retail cigarette manufacturer, of Other Tobacco Products on which the tax has not been paid shall give rise to the prima facie presumption that the wholesale tobacco dealer, or retail tobacco dealer or retail cigarette manufacturer is in violation of the provisions of this article. Retail tobacco dealers or retail cigarette manufacturers shall be held strictly liable for violations of this ordinance that occur within their premises, as defined herein, regardless of the employment status of the actual violator.

(d) Cigarette pack, tax stamp, loose cigarettes and little cigars, other tobacco products and hindrance violation penalties.

Violation Type Penalties Amount Concealment 1st Offense $2,000.00 2nd and each subsequent offense, an additional 4,000.00 Counterfeit packs of cigarettes 40 or less 2,000.00 41 or more, per pack 50.00 2nd and each subsequent offense, an additional 4,000.00 Counterfeit tax stamps 40 or less 2,000.00 41 or more, per stamp 50.00 2nd and each subsequent offense, an additional 4,000.00 Improperly stamped packs 40 or less 2,000.00 41 or more, per pack 50.00 2nd and each subsequent offense, an additional 2000.00 Loose cigarettes and little cigars

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40 or less 1,000.00 40 or more, per cigarette 25.00 2nd and each subsequent offense, an additional 2,000.00 Other tobacco products 1st offense 1,000.00 2nd and each subsequent offense, an additional 2,000.00 Sales to unregistered wholesalers 1st offense 2,000.00 2nd and each subsequent offense, an additional 4,000.00 Unstamped packs 40 packs or less 1,000.00 41 packs or more, per pack 25.00 2nd and each subsequent offense, an additional 2,000.00 Utilization of used or reused tax stamps 40 or less packs or stamps 2,000.00 41 or more packs or stamps, per pack or stamp 50.00 2nd and each subsequent offense, an additional 4,000.00 Hinder inspection or audit 1st offense 1,000.00 2nd and each subsequent offense, an additional 2,000.00

Sec. 74-436. - Other violation penalties.

(a) Any person determined to have violated this article, as amended, excluding the violations described in Section 74-435 (Sales, possession, use or hindrance violations and penalties), shall be subject to a fine in the amount of $1,000.00 for the first offense, and a fine of $2,000.00 for the second and each subsequent offense. Separate and distinct offense shall be regarded as committed each day upon which said person shall continue any such violation, or permit any such violation to exist after notification thereof. It shall be deemed a violation of this article for any person to knowingly furnish false or inaccurate information to the Department.

(b) Criminal penalties. Every person who shall falsely make, alter, forge or counterfeit any tax stamp, or who, with intent to defraud the County, shall affix or cause to be affixed any counterfeit or altered stamp to any package of cigarettes, knowing said stamp to be counterfeit or altered, shall be guilty of a Class B misdemeanor, in addition to any other criminal penalties which may be applicable under Illinois or Federal law.

(c) Criminal prosecution. Criminal prosecution pursuant to this article shall in no way bar the right of the County to institute civil proceedings to recover delinquent taxes, interest and penalty due and owing as well as costs incurred for such proceeding.

Sec. 74-437. - Internet, mail order and outside-of-county purchases.

With respect to cigarettes or tobacco products purchased over the internet, by mail order or outside the County, if the tax on cigarettes and other tobacco products which is imposed pursuant to this article, as amended, has not been paid by a wholesaler or retailer prior to use or possession of the cigarette or tobacco product by a person within the County of

39 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

Cook, such person shall be obligated to make payment of the tax directly to the Department. Within 30 days of purchase, such person shall file a return with the Department of Revenue and pay the tax, penalties and interest due under this article, as amended.

Sec. 74-438. - Mutilation of tax stamps.

It is unlawful for any person to mutilate a tax stamp herein required on any package of cigarettes before it is sold by a retail tobacco dealer.

Sec. 74-439. - Books and records to be kept.

(a) Wholesale tobacco dealer records of deliveries. At the time of delivering cigarettes or Other Tobacco Products to any person doing business in the County of Cook, it shall be the duty of every wholesale tobacco dealer to make a true triplicate invoice, numbered serially, showing the date of delivery, the number of packages, the number of cigarettes contained therein in each shipment of cigarettes delivered, or amount of Other Tobacco Products delivered, and the name of the purchaser to whom delivery is made. The wholesaler tobacco dealer shall issue one copy of the invoice to the purchaser, and shall retain one legible copy of the same for the use and inspection of the Department for the period of time as provided for in the Cook County Uniform Penalties, Interest and Procedure Ordinance (Section 34-60 et seq.).

(b) Wholesaler and Retailer inventory purchases; sales; reconciliations. It shall be the duty of every wholesale tobacco dealer and retail tobacco dealer to make or maintain cigarette and/or Other Tobacco Products inventory:

(1) Purchase order documents, serially numbered, indicating the date; name, address of the person or business from whom the cigarettes or Other Tobacco Products were purchased; brand name, type and total number of packages to be purchased, in sequential date order.

(2) Delivery or receipt documents, serially numbered indicating the date; name, address of the person or business to whom the cigarettes or Other Tobacco Products were delivered; brand name, type and total number of packs delivered, in sequential date order.

(3) Wholesale tobacco dealer sales documents, serially numbered indicating the date; name, address of the person or business to whom the cigarettes or Other Tobacco Products were sold; brand name, type and total number of packs delivered, in sequential date order. (4) Retail tobacco dealer sales documents, indicating in sequential date order, brand name, type and total number of packs or amounts of Other Tobacco Products sold, each day.

(5) Retail tobacco dealer cigarette inventory reconciliation, indicating daily, weekly or monthly beginning inventory, purchases, sales and ending inventory, in sequential date order.

(6) Retail tobacco dealer monthly wholesaler list, indicating the name and address of each wholesaler from whom cigarette or Other Tobacco Products inventory was purchased; brand name; type and total number of packs purchased from each wholesaler.

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(c) Taxable and nontaxable transaction books and records. It shall be the duty of all wholesale tobacco dealers, retail tobacco dealers, retail cigarette manufacturers and persons required by this article to collect and/or to pay the taxes herein imposed to keep and maintain all books, papers and records related to all transactions taxable and nontaxable under this article and to make such records available to the Director or a duly authorized representative who has been appointed, by the Director, on request for inspection, audit and/or copying during regular business hours. The Department shall promulgate rules and regulations specifying the records that shall be kept by wholesale tobacco dealers, retail tobacco dealers, retail cigarette manufacturers and persons required by this article to collect and or/pay the taxes herein imposed, and may prescribe any forms appropriate in furtherance of this article. Books, papers and records which relate to a return filed or required to be filed with the Department shall be kept for the period as provided for in the Cook County Uniform Penalties, Interest and Procedures Ordinance (Section 34-60 et seq.). The burden shall be on the wholesale tobacco dealers, retail tobacco dealers and retail cigarette manufacturers tax collector and tax payer to keep records which verify the basis for any and all transactions which are claimed to be exempt from taxation pursuant to Section 74-434 of this article.

Sec. 74-440. - Inspections; audits.

Books and records kept in compliance with Section 74-439 of this article shall be made available to the Department upon request for inspection, audit and/or copying during regular business hours. Representatives of the Department shall be permitted to inspect or audit cigarette or Other Tobacco Products inventory in or upon any premises. An audit or inspection may include the physical examination of the cigarettes, packaging, or the cigarette tax stamps or Other Tobacco Products. It shall be unlawful for any person to prevent, or hinder a duly authorized Department representative from performing the enforcement duties provided in this article.

Sec. 74-441. - Confiscate; seize; redemption penalty.

(a) Confiscation; seizure. Whenever the Department or any of its duly authorized representatives shall discover any cigarettes and/or other tobacco products subject to any tax provided by this article upon which said tax has not been paid or the stamps affixed and cancelled as herein required, they are hereby authorized and empowered forthwith to confiscate; seize and take possession of such cigarettes and/or other tobacco products together with any vending machine; receptacle; container; vessel or holder in which they are held for sale except for money contained in such vending machine or receptacle, shall thereupon be deemed to be forfeited to the County of Cook.

(b) Cigarette redemption penalty. The Department shall either destroy the cigarettes seized or may permit the Wholesale Tobacco Dealer from whom the said cigarettes were seized, to redeem the cigarettes and/or any vending machine or receptacle seized therewith, by the payment of a Redemption Penalty equal to 100 percent of the tax due, and including the cost incurred in such proceeding. Such seizure, destruction, and sale, or redemption shall not be deemed to relieve any person from fine or imprisonment provided herein for violation of any provision of this article.

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Sec. 74-442. - Posting of signs.

Every retail tobacco dealer shall post a sign issued by the Department, indicating the offer to sale, the sale or purchase of unstamped packs or loose cigarettes is unlawful. The sign shall be posted in a conspicuous location, to anyone purchasing cigarettes, at the retailer's place of business.

Sec. 74-443. - Wholesale tobacco dealer quarterly returns.

A sworn quarterly cigarette and/or other tobacco products Revenue Information return shall be filed by each wholesale tobacco dealer with the Department, on forms prescribed by the Department. The return shall be filed on or before the last day of the first month following the preceding quarter. Every wholesale tobacco dealer required to file a tax return under this section, who does not file such tax return by its due date, or alternatively does not provide all required information on such tax return, shall be subject to the penalties that are provided for in Section 74-436 of this article in addition to all other penalties and interest that may be due as provided in the Uniform Penalties, Interest and Procedures Ordinance (Section 34-60 et seq.). Quarterly returns, books and records, papers and original source documents that provide support for the information that is included in the return filed, with the Department, shall be kept for the period as provided in the Cook County Uniform Penalties, Interest and Procedures Ordinance (Section 34-60 et seq.).

Sec. 74-444. - Failure to file a return and/or pay remit tax.

In case of failure to file a tax return and pay remit this tax when due the Department may assess penalties and interest as provided for in this article and/or the Cook County Uniform Penalties, Interest and Procedures Ordinance (Section 34-60 et seq.).

Sec. 74-445. - Authority to sellale stamp; agents; credits/refunds.

(a) Cigarette tax stamps. The Department shall contract for and furnish tax stamps of such denominations and quantities as may be necessary for the payment of the tax imposed on cigarettes by this article, and may, from time to time, provide for the issuance and exclusive use of stamps of a new design and forbid the use of stamps of any other design.

(b) Agents. The Department may appoint wholesale tobacco dealers of cigarettes and any other person within or without the County as agents to affix stamps to be used in paying the tax hereby imposed on cigarettes and said agent is hereby authorized to appoint other persons in his employ who are to affix said stamps to any cigarettes under his control in the manner prescribed by the rules and regulations promulgated by the Department. Whenever the Department shall sell, consign or deliver to any such agent any such stamps, such agent shall be entitled to receive compensation for his services and expenses in affixing such stamps, and to retain use of the monies to be paid by him for such stamps as a commission. The Department is hereby authorized to prescribe a schedule of commissions not exceeding five percent allowable to such agent for affixing such stamps. Such schedule shall be uniform for each type and denomination of stamp used and may be on a graduated scale with respect to the number of stamps purchased. The Department may, in its discretion, permit an agent to pay for such stamps within 30 days after the date of sale, consignment, or delivery of such stamps to such agent, provided a bond or bank letter of credit satisfactory to the Department and approved as to form and legality by the State's Attorney shall be submitted by said agent to the Department, in an amount equal to the

42 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012 value of such stamps. The Department, with approval from the State's Attorney, shall issue regulations pursuant to Section 74-435 regarding the use of such bonds or bank letters of credit.

(c) Credits or Refunds. The Department may redeem unused tax stamps lawfully on the possession of any person. Any person seeking credit and/or a refund for unused tax stamps, tax stamps affixed to packages of cigarettes returned to a manufacturer, or for the replacement of tax stamps, must file a claim in writing on forms prescribed by the Department. This form must be filed with the department no later than 12 months after the month in which the tax remittance or tax payment was made to the Department. The United States post mark date or date of physical/actual receipt is used, by the Department, to determine if a credit or refund is filed timely. No person shall sell or offer for sale any stamp issued under this article, except by written permission of the Department. The Department may prescribe rules and regulations concerning refunds, sales of stamps and redemption under the provisions of this article.

Sec. 74-446. - Single state and county stamp and monthly tax return.

(a) Single state and county stamp. Notwithstanding the provisions of Subsection 74- 433(b), Section 74-435, and Subsection 74-445(a) of this article, the Department may provide by regulation that the tax imposed by this article shall, in the alternative, be collected by means of the issuance and sale of a single tax stamp to be prepared jointly with the Department of Revenue of the State of Illinois (and/or the City Comptroller of the City of Chicago) evidencing the payment of the tax imposed by this article. Toward that end, the Department may make such arrangements and agreements with the Department of Revenue of the State of Illinois (and/or the City Comptroller of the City of Chicago) as may be required with respect to the method of acquiring, affixing, canceling and the manner of sharing the cost of such joint single tax stamps, and may establish procedures for payment of that portion of the tax revenue collected by the Department of Revenue of the State of Illinois (and/or the City Comptroller of the City of Chicago) due and payable to the County of Cook, in furtherance of the purposes of this article. In the event such alternative method as herein provided is utilized, no other method of collecting said tax may be used within the relevant jurisdiction; however, all other applicable provisions of this article shall nevertheless remain in full force and effect.

(b) Monthly tax return. Notwithstanding the provisions of Subsection 74-433(b), Section 74-435, Subsection 74-445(a) and subsection (a) of this section, the Department may provide by regulation that the tax imposed on cigarettes by this article, in the alternative, shall be collected by means of the filing of a sworn tax return to be prepared and filed by every wholesale tobacco dealer who sells cigarettes for consumption in the County of Cook. Said return shall be filed on a monthly basis and shall contain the same information required by Subsection 74- 445(b) of this article. Said return shall be filed with the Department on or before the fifteenth day of each month stating such other and further information as may be required by the Department, and said return shall be accompanied by a certified check in the amount of the tax due and payable upon such taxable sales made by said wholesale tobacco dealer in the County of Cook during the preceding month. In the event such alternative method is utilized, no other method of collecting said tax may be used; however, all other applicable provisions of this article shall remain in full force and effect with the exception

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of the necessity of filing a quarterly tax return as provided in Section 74-443 of this article, which shall not be required.

Sec. 74-447. - Rulemaking.

(a) The Department shall prescribe reasonable rules, definitions, and regulations necessary to carry out the duties imposed upon it by this article. Such rules, definitions, and regulations shall include, but not be limited to, reasonable procedures consistent with existing practices of wholesale tobacco and retail tobacco dealers for collection and remittance of the tax herein levied.

(b) The Department may appoint wholesale tobacco dealers and any other person within or without the County of Cook as agents for the tax herein levied. The Department is hereby authorized to grant a commission not exceeding .0045 or .45 percent per cigarette tax stamp sold by the County of Cook to such agent for services rendered in connection with the tax herein levied in (Section 74-433), provided said tax is remitted, in full, by the due date.

(c) Within 30 days after the effective date of this article every wholesale tobacco dealer doing business in the County of Cook shall file with the Department, on forms prescribed by it, a sworn inventory of cigarettes in their possession or control on March 1, 2006. With said inventory, the wholesale tobacco dealer shall pay to the Cook County Collector the taxes due, including any additional taxes due as a result of this article, as amended, with respect to all stamped cigarettes which were in such wholesale tobacco dealer's possession on March 1, 2006. (d) Within 30 days after the effective date of this article every retail tobacco dealer doing business in the County of Cook shall file with the Department, on forms prescribed by it, a sworn inventory of cigarettes in their possession or control on March 1, 2006. With said inventory, the retail tobacco dealer shall pay to the Cook County Collector the taxes due, including any additional taxes due as a result of this article, as amended, with respect to all cigarettes which were in such retail tobacco dealer's possession on March 1, 2006.

(d) Within 30 days after the effective date of this article every retail tobacco dealer doing business in the County of Cook shall file with the Department, on forms prescribed by it, a sworn inventory of tobacco products in their possession or control on June 1, 2006. With said inventory, the retail tobacco dealer shall pay to the Cook County Collector the taxes due, including any additional taxes due as a result of this article, as amended, with respect to all tobacco products which were in such retail tobacco dealer's possession on June 1, 2006.

Sec. 74-448. - Transmittal of excess tax collections.

In the event a person wholesale tobacco dealer, retail tobacco dealer or retail cigarette manufacturer collects an amount in excess of the tax imposed by this article, as amended, which amount is purported to be a collection thereof, and said wholesale tobacco dealer, retail tobacco dealer or retail cigarette manufacturer person fails to return the said excess amount to the purchaser who paid the tax, the said wholesale tobacco dealer, retail tobacco dealer or retail cigarette manufacturer person who collected the tax shall account for and pay over all such excess amounts to the Department along with the tax properly collected.

Sec. 74-449. - Deposit of tax proceeds.

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All proceeds resulting from the imposition of the tax under this article, including penalties, shall be paid to the Department. The Department shall direct every dollar collected from the 2006 increase in the rate of the Home Rule Tobacco Tax to be deposited into the funds of the Cook County Bureau of Health.

Secs. 74-450. Application of uniform penalties, interest and procedures ordinance.

Whenever not inconsistent with the provision of this article or whenever this article is silent, the provisions of the uniform penalties, interest and procedures ordinance, Article III, Chapter 34 of the Cook County Code of Ordinances shall apply and supplement this article.

Secs. 74-451—74-469. - Reserved.

Effective Date: This Amendment shall be effective on passage.

Commissioner Reyes, seconded by Vice Chairman Sims, moved to accept the Substitute Proposed Ordinance Amendment to Communication No. 316772. The motion carried and the Proposed Ordinance Amendment to the Tobacco Tax Amendment was further amended by Substitution, as follows:

SUBSTITUTE FOR COMMUNICATION NO. 316772

PROPOSED ORDINANCE AMENDMENT

Sponsored by

TONI PRECKWINKLE, PRESIDENT AND JOHN P. DALEY AND JESUS GARCIA COOK COUNTY COMMISSIONERS

TOBACCO TAX AMENDMENT

BE IT ORDAINED, by the Cook County Board of Commissioners that Chapter 74 Taxation, Article XI Tobacco Tax, Sections 74-430 - 74-447 is hereby amended as follows:

Sec. 74-430. - Short title.

This article may be cited as the "Cook County Tobacco Tax Ordinance".

Sec. 74-431. - Definitions.

For the purpose of this article, whenever any of the following words, terms or definitions are used herein, they shall have the meaning ascribed to them in this section.

Altered or mutilated tax stamp means any tax stamp on which the identity information is illegible or incomplete.

Chewing tobacco means any leaf tobacco that is not intended to be smoked.

Cigar means any roll of tobacco wrapped in leaf tobacco or in any substance containing tobacco (other

45 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012 than any roll of tobacco which is a cigarette as defined in this article).

Cigarette means any roll for smoking made wholly or in part of tobacco, irrespective of size or shape and whether such tobacco is flavored, adulterated or mixed with any other ingredient, or not, and the wrapper of which is made of paper or any other substance or material except tobacco.

Concealment means cigarettes, other tobacco products, or cigarette tax stamps, in violation of this article, deliberately hidden to prevent or evade discovery and offered for sale by or in the possession of a wholesale or retail tobacco dealer.

Conspicuous means easily or clearly visible.

Consumer means a person who purchases cigarettes or Other Tobacco Products from a wholesale tobacco dealer, retail tobacco dealer or retail cigarette manufacturer, and not for resale purposes.

Counterfeit cigarettes means any cigarette or pack of cigarettes bearing a false, forged, artificial or imitation manufacturing label.

County means the County of Cook.

Department means the Department of Revenue within the Bureau of Finance of the County of Cook.

Director means the Director of the Department of Revenue.

Improperly stamped pack means, any packs of cigarettes on which is affixed an altered/mutilated; used or reused; or counterfeit tax stamp.

Large cigar means any roll of tobacco wrapped in leaf tobacco or any substance containing tobacco and weighing more than three pounds per one thousand units.

Little cigar means any roll of tobacco, other than a cigarette, wrapped in leaf tobacco or any substance containing tobacco and not weighing more than three pounds per one thousand units.

Loose cigarettes means cigarettes that are not contained within a sealed container, pack, or package as provided by the manufacturer or as a result of any wholesale or retail tobacco dealer or person breaking or otherwise opening any cigarette package to sell or distribute individual cigarettes or a number of unpackaged cigarettes that is smaller than the minimum package size of 20 cigarettes or any quantity of cigarettes that is smaller than the smallest package distributed by the manufacturer for individual consumer use.

Loose little cigars mean little cigars that are not contained within a sealed container, pack or package as provided by the manufacturer.

Manufacturer means any person, other than a Retail Cigarette Manufacturer, who makes or fabricates cigarettes and/or tobacco products and sells them.

Other Tobacco pProducts includes, but is not limited to, smokeless tobacco, smoking tobacco, large cigars and little cigars, but does not include cigarettes.

Package means the original packet, box, tin or container whatsoever used to contain and to convey cigarettes or other tobacco products to the consumer.

Person means any individual, corporation, Limited Liability Corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other

46 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012 legal entity.

Pipe tobacco includes any tobacco which, because of its appearance, type, packaging or labeling is suitable for use and likely to be offered to, or purchased by, consumers as tobacco to be smoked in a pipe.

Premises means, but is not limited to, buildings, vehicles or any place where cigarette or Other Tobacco Products inventory is possessed, stored or sold.

Purchaser means a buyer of cigarettes or Other Tobacco Products, including but not limited to, retail tobacco dealers, retail cigarette manufacturers and/or consumer or end-user.

Retail cigarette manufacturer means any retail tobacco dealer who provides to consumers tobacco and other material and makes, fabricates, or produces cigarettes or provides to consumers tobacco and other material and equipment for the production and sale of cigarettes within the retailer’s cigarette manufacturer’s premises (as defined herein) in Cook County.

Retail tobacco dealer means any person who engages in the business of selling cigarettes or other tobacco products in the County of Cook to a consumer purchaser for use or consumption and not for resale in any form. A retail tobacco dealer shall not include any person who is licensed by the State of Illinois as a tobacco distributor or wholesaler.

Roll-your-own tobacco includes any tobacco which, because of its appearance, type, packaging or labeling is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes or cigars or for use as wrappers of cigars or cigarettes.

Sale, resale, selling means any transfer of ownership or possession, or both, exchange or barter, conditional or otherwise, in any manner or by any means whatsoever for a valuable consideration.

Smokeless tobacco includes any snuff, snus, chewing tobacco, or other tobacco products not intended to be smoked.

Smoking tobacco includes granulated, plug cut, crimp cut, ready rubbed and other kinds and forms of tobacco prepared in such manner as to be suitable for smoking in a pipe or cigarette.

Snuff means any finely cut, ground or powered tobacco that is not intended to be smoked.

Snus means any moist tobacco product that is not intended to be smoked.

Stamp means paper or other material with an imprint or decalcomania device thereon, of such size, design, color and denominations as may be prescribed and procured by the Department which, when affixed to a package of cigarettes, shall evidence payment of the tax thereon, as provided by this article.

Tobacco products includes, but is not limited to, any cigars; cheroots; stogies; periques; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snus, snuff or snuff flour; Cavendish; plug and twist tobacco; fine-cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings, and sweeping of tobacco; and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or smoking in a pipe or otherwise, or both chewing and smoking; but does not include cigarettes or tobacco purchased for the manufacture of cigarettes by cigarette wholesale tobacco dealers and manufacturers as defined in this article.

Unit means any division of quantity that may be used as a standard to measure the quantity sold based on length, width, weight such as pounds, ounces and/or grams or volume or some other similar unit of measure, including but not limited to per item.

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Unstamped pack means any pack of cigarettes on which a Cook County tax stamp is not affixed.

Use means any exercise of a right or power, actual or constructive, and shall include but is not limited to the receipt, storage, or any keeping or retention for any length of time, but shall not include possession for sale by a retail tobacco dealer, retail cigarette manufacturer or wholesale tobacco dealer as defined in this article.

Used or reused tax stamp means any tax stamp previously affixed to a tobacco product, removed and subsequently affixed to any tobacco product purchased, offered for sale or sold by any person, wholesale or retail tobacco dealer; or any removed tax stamp purchased, offered for sale, sold by, or in the possession of a wholesale or retail tobacco dealer.

Wholesale tobacco dealer means any person who engages in the business of selling or supplying cigarettes and/or Other tTobacco pProducts, who brings or causes to be brought into the County of Cook cigarettes, and/or Other Tobacco Products to any person for sale or resale to retail tobacco dealers, retail cigarette manufacturers, and/or consumers in or outside the County of Cook. For the purposes of this article, wholesale tobacco dealers also include persons or businesses licensed as tobacco distributors, cigarette distributors or wholesalers with the State of Illinois(35 ILCS 143/10-20).

Sec. 74-432. - Registration of wholesale, retail tobacco dealers and retail cigarette manufacturer.

Wholesale tobacco dealers, retail tobacco dealers and retail cigarette manufacturers as defined in this article, shall register with the Department in accordance with policies or procedures prescribed by the Department.

Sec. 74-433. - Tax imposed; cigarettes, other tobacco products; collection; remittance.

(a) Cigarette Tax rate. A tax at the rate of 100 mils or $0.10 per cigarette is hereby imposed upon all cigarettes possessed for sale and upon the use of all cigarettes within the County of Cook, the ultimate incidence of and liability for payment of said tax to be borne by the consumer of said cigarettes. The tax imposed hereby at the rate of 100 mils or $0.10 per cigarette shall become in force and effect on March 1, 2006. The tax herein levied shall be in addition to any and all other taxes.

(b) Cigarette Tax stamp purchases. The tax imposed in this section shall be paid by purchase of tax stamps from the Department, except as otherwise provided in Subsections 74-446(a) and (b) of this article. The Department shall only sell Cook County cigarette tax stamps to cigarette distributors who are licensed with the State of Illinois. It shall be the duty of every wholesale tobacco dealer, before delivering or causing to be delivered any cigarettes to a retail tobacco dealer in the County of Cook to purchase from the Department a tax stamp for each package of cigarettes and to cancel said stamps prior to the delivery of such cigarettes to any retail tobacco dealer in the County of Cook. Said stamps shall be affixed and cancelled in the manner prescribed by rules and regulations of the Department.

(c) Retail cigarette manufacturer tax rate. A tax at the rate of $0.10 per cigarette is hereby imposed upon each cigarette produced sold by a retail cigarette manufacturer. The tax herein levied shall be in addition to any and all other taxes.

(d) Other tobacco product tax rate.. A tax at the rates specified in this section is hereby imposed upon the sale of all Other Tobacco Products within the County of Cook, the ultimate incidence of and liability for payment of said tax to be borne by the Consumer of said Other Tobacco Products. The tax imposed hereby at the rates listed in subsection (1) shall come into force and effect on March 1, 2012 and subsection (2) on January 1, 2013.

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(1) A tax at the following rates is hereby imposed upon the sale of the following products through December 31, 2012:

a. Smoking tobacco: $0.30 per ounce or fraction thereof.

b. Smokeless tobacco: $0.30 per ounce or fraction thereof.

c. Little cigars: $0.05 per unit or cigar.

d. Large cigars: $0.25 per unit or cigar.

(2) A tax at the following rates is hereby imposed upon the sale of the following products effective January 1, 2013:

a. Smoking tobacco: $0.60 per ounce or fraction thereof.

b. Smokeless tobacco: $0.60 per ounce or fraction thereof.

c. Little cigars: $0.05 per unit or cigar.

d. Large cigars: $0.30 per unit or cigar.

(e) Floor Tax. Notwithstanding subsection (d) of this Section, on or before March 20, 2012 and January 20, 2013, every retail tobacco dealer and retail cigarette manufacturer doing business in the County of Cook shall file with the Department, on forms prescribed by the Department, a sworn inventory of Other Tobacco Products in their possession or control as of 11:59 p.m. on February 29, 2012 and December 31, 2012 respectively. With said inventory, every retail tobacco dealer and retail cigarette manufacturer shall pay to the County taxes at the rates set forth above on said inventory, including any additional taxes due as a result of this article, as amended.

(ef) Wholesale Tobacco Dealer Tax, Retail Tobacco Dealer and Retail Cigarette Manufacturer Tax collection. Any wholesale tobacco dealer shall collect the tax levied by this article from any Purchaser to whom the sale of said cigarettes and/or Other Tobacco Products is made within the County of Cook and Any wholesale tobacco dealer who shall remit to the County pay the tax levied by this article. to the Department shall collect the tax from any retail tobacco dealer to whom the sale of said cigarettes and/or oOther tTobacco pProducts is made, and a Any retail tobacco dealer and retail cigarette manufacturer also shall, in turn, collect the tax from the purchaser any Consumer to whom the sale of said cigarettes and/or Other Tobacco Products is made within the County of Cook. of said cigarettes, smoking tobacco, smokeless tobacco, little cigars and large cigars. Any such tax shall be collected as a trustee for and on account of the County of Cook. Nothing in this Article shall be construed to impose a tax upon the occupation of wholesale tobacco dealer, retail tobacco dealer, and retail cigarette manufacturer.

(f) Retail cigarette manufacturer Tax collection. Any retail cigarette manufacturer who shall pay the tax levied by this article to the Department shall collect the tax from the purchaser

(g) Other Tobacco Products Tax collection remittance. It shall be the duty of every wholesale tobacco dealer, and retail cigarette manufacturer to remit tax due for other Tobacco Product sales along with forms prescribed by the Department, on or before the 20th day of the month following the month for which the tax is due.

4. Wholesale Tobacco Dealers. It shall be the duty of every wholesale tobacco dealer to remit the tax due on the sales of Other Tobacco Products to retail tobacco dealers, and /or retail cigarette manufacturers and/or consumers in Cook County on forms prescribed by the Department, on or before the 20th day of the month following the month in which the sales of Other Tobacco

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Products occurred.

5. Retail Cigarette Manufacturers. It shall be the duty of every retail cigarette manufacturer to remit the tax due on cigarettes produced and sold on the premises, on forms prescribed by the Department, on or before the 20th day of the month following the month in which the cigarette sales occurred.

6. Retail tobacco dealers and /or retail cigarette manufacturers untaxed Other Tobacco Products. It shall be the duty of every retail tobacco dealer and/or retail cigarette manufacturer that purchases or acquires Other Tobacco Products on which the tax set forth in this Article on Other Tobacco Products has not been paid, to remit the tax due, on forms prescribed by the Department, on or before the 20th day following the month in which the Other Tobacco Products for which taxes were not paid were purchased or acquired by the retail tobacco dealer or retail cigarette manufacturer were sold in Cook County to a consumer.

(h) Tax included in sales price. It shall be deemed a violation of this article for a wholesale tobacco dealer, retail tobacco dealer or retail cigarette manufacturer to fail to include the tax imposed in this article in the sale price of cigarettes and other tobacco products to otherwise absorb such tax. The tax levied in this article shall be in addition to any and all other taxes.

(i) Tax debt owed to County. The tax required in this article to be remitted to the County collected by any wholesale tobacco dealer, or retail tobacco dealer, or retail cigarette manufacturer pursuant to this article shall constitute a debt owed by such any wholesale tobacco dealer, or retail tobacco dealer or retail cigarette manufacturer to the County. The tax shall be paid to the person required to collect it as trustee for and on account of the County of Cook.

Sec. 74-434. - Tax free sales.

Wholesale tobacco dealers doing business in Cook County shall not pay or collect a tax with respect to cigarettes and/or other tobacco products which are otherwise subject to the tax when the cigarettes and/or other tobacco products are being sold to the following:

(a) Another wholesale tobacco dealer holding a valid Cook County tobacco wholesaler’s registration certificate; and or

(b) A wholesale tobacco dealer or a retail tobacco dealer in the event,when the selling wholesale tobacco dealer, or its agent, delivers the cigarettes or other tobacco products to a location outside of Cook County.

Additionally, a wholesale tobacco dealer’s sale of other tobacco products to a consumer shall not be taxed so long as the sale occurs outside of Cook County.

Sec. 74-435. - Sales, possession, use or hindrance violations and penalties.

(a) It shall be a violation of this article to engage in the sale, possession, or use of any cigarettes and/or other tobacco products subject to any tax provided by this article upon which said tax has not been paid or the stamps affixed and cancelled as herein required, including, as described in this article:

(1) Counterfeit cigarettes or counterfeit other tobacco products.

(2) Counterfeit tax stamps.

(3) Improperly stamped packs.

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(4) Unstamped packs.

(b) It shall be a violation of this article for any wholesale tobacco dealer, retail tobacco dealer, or retail cigarette manufacturer to engage in any of the following:

(1) Utilization of used or reused tax stamps by possessing or offering for sale or resale packs of cigarettes affixed with a used or reused tax stamp.

(2) Concealment, as described in this article.

(3) Sell or distribute loose cigarettes. or little cigars.

(4) Sell cigarettes to any person, other than to another registered Cook County wholesale tobacco dealer, unless each package bears an un-mutilated Cook County tax stamp affixed, or where the selling wholesale tobacco dealer, or its agent, delivers the unstamped cigarettes to a location outside Cook County.

(5) Hinder or prevent an authorized Department representative from performing an inspection or audit.

(c) Prima facie presumption. The sale, resale or possession by a wholesale tobacco dealer or retail tobacco dealer of altered/mutilated, counterfeit, used or reused tax stamps; or packs of counterfeit, improperly stamped, unstamped cigarettes or loose cigarettes; and the sale or resale or possession, by a retail tobacco dealer or retail cigarette manufacturer, of Other Tobacco Products on which the tax provided by this article has not been paid shall give rise to the prima facie presumption that the wholesale tobacco dealer, or retail tobacco dealer or retail cigarette manufacturer is in violation of the provisions of this article. Retail tobacco dealers or and retail cigarette manufacturers shall be held strictly liable for violations of this ordinance that occur within their premises, as defined herein, regardless of the employment status of the actual violator.

(d) Cigarette pack, tax stamp, loose cigarettes and little cigars, other tobacco products and hindrance violation penalties.

Violation Type Penalties Amount Concealment 1st Offense $2,000.00 2nd and each subsequent offense, an additional 4,000.00 Counterfeit packs of cigarettes 40 or less 2,000.00 41 or more, per pack 50.00 2nd and each subsequent offense, an additional 4,000.00 Counterfeit tax stamps 40 or less 2,000.00 41 or more, per stamp 50.00 2nd and each subsequent offense, an additional 4,000.00 Improperly stamped packs 40 or less 2,000.00 41 or more, per pack 50.00

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2nd and each subsequent offense, an additional 2000.00 Loose cigarettes and little cigars 40 or less 1,000.00 40 or more, per cigarette 25.00 2nd and each subsequent offense, an additional 2,000.00 Other tobacco products 1st offense 1,000.00 2nd and each subsequent offense, an additional 2,000.00 Sales to unregistered wholesalers 1st offense 2,000.00 2nd and each subsequent offense, an additional 4,000.00 Unstamped packs 40 packs or less 1,000.00 41 packs or more, per pack 25.00 2nd and each subsequent offense, an additional 2,000.00 Utilization of used or reused tax stamps 40 or less packs or stamps 2,000.00 41 or more packs or stamps, per pack or stamp 50.00 2nd and each subsequent offense, an additional 4,000.00 Hinder inspection or audit 1st offense 1,000.00 2nd and each subsequent offense, an additional 2,000.00

Sec. 74-436. - Other violation penalties.

(a) Any person determined to have violated this article, as amended, excluding the violations described in Section 74-435 (Sales, possession, use or hindrance violations and penalties), shall be subject to a fine in the amount of $1,000.00 for the first offense, and a fine of $2,000.00 for the second and each subsequent offense. Separate and distinct offense shall be regarded as committed each day upon which said person shall continue any such violation, or permit any such violation to exist after notification thereof. It shall be deemed a violation of this article for any person to knowingly furnish false or inaccurate information to the Department.

(b) Criminal penalties. Every person who shall falsely make, alter, forge or counterfeit any tax stamp, or who, with intent to defraud the County, shall affix or cause to be affixed any counterfeit or altered stamp to any package of cigarettes, knowing said stamp to be counterfeit or altered, shall be guilty of a Class B misdemeanor, in addition to any other criminal penalties which may be applicable under Illinois or Federal law.

(c) Criminal prosecution. Criminal prosecution pursuant to this article shall in no way bar the right of the County to institute civil proceedings to recover delinquent taxes, interest and penalty due and owing as well as costs incurred for such proceeding.

Sec. 74-437. - Internet, mail order and outside-of-county purchases.

With respect to cigarettes or tobacco products purchased over the internet, by mail order or outside the County, if the tax on cigarettes and other tobacco products which is imposed pursuant to this article, as amended, has not been paid by a wholesaler or retailer prior to use or possession of the cigarette or tobacco product by a person within the County of Cook, such person shall be obligated to make payment of the tax directly to the Department. Within 30 days of purchase, such person shall file a return with the

52 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

Department of Revenue and pay the tax, penalties and interest due under this article, as amended.

(a) Cigarettes. With respect to cigarettes or tobacco products purchased over the internet, by mail order or outside the County, if the tax on cigarettes and other tobacco products which is imposed pursuant to this article, as amended, has not been paid by a wholesaler or retailer prior to use or possession of the cigarette or tobacco product by a person within the County of Cook, such person shall be obligated to make payment of the tax directly to the Department. Within 30 days of purchase, such person shall file a return with the Department of Revenue and pay the tax, penalties and interest due under this article, as amended.

(b) Other Tobacco Products. With respect to other tobacco products purchased by a consumer over the internet, by mail order or outside the County, if the tax on such other tobacco products imposed pursuant to this article has not been collected and/or remitted to the County previously by a wholesale tobacco dealer, retail tobacco dealer or retail tobacco manufacturer prior to the sale of the other tobacco products to the consumer within the County of Cook, such consumer shall be obligated to remit the tax due to the County, on forms prescribed by the Department, on or before the 20th day following the month in which any such other tobacco products were purchased by the consumer.

Sec. 74-438. - Mutilation of tax stamps.

It is unlawful for any person to mutilate a tax stamp herein required on any package of cigarettes before it is sold by a retail tobacco dealer.

Sec. 74-439. - Books and records to be kept.

(a) Wholesale tobacco dealer records of deliveries. At the time of delivering cigarettes or Other Tobacco Products to any person doing business in the County of Cook, it shall be the duty of every wholesale tobacco dealer to make a true triplicate invoice, numbered serially, showing the date of delivery, the number of packages, the number of cigarettes contained therein in each shipment of cigarettes delivered, or amount of Other Tobacco Products delivered, and the name of the purchaser to whom delivery is made. The wholesaler tobacco dealer shall issue one copy of the invoice to the purchaser, and shall retain one legible copy of the same for the use and inspection of the Department for the period of time as provided for in the Cook County Uniform Penalties, Interest and Procedure Ordinance (Section 34-60 et seq.).

(b) Wholesaler and Retailer inventory purchases; sales; reconciliations. It shall be the duty of every wholesale tobacco dealer and retail tobacco dealer to make or maintain cigarette and/or Other Tobacco Products inventory:

(1) Purchase order documents, serially numbered, indicating the date; name, address of the person or business from whom the cigarettes or Other Tobacco Products were purchased; brand name, type and total number of packages to be purchased, in sequential date order.

(2) Delivery or receipt documents, serially numbered indicating the date; name, address of the person or business to whom the cigarettes or Other Tobacco Products were delivered; brand name, type and total number of packs delivered, in sequential date order.

(3) Wholesale tobacco dealer sales documents, serially numbered indicating the date; name, address of the person or business to whom the cigarettes or Other Tobacco Products were sold; brand name, type and total number of packs delivered, in sequential date order.

(4) Retail tobacco dealer sales documents, indicating in sequential date order, brand name, type

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and total number of packs or amounts of Other Tobacco Products sold, each day.

(5) Retail tobacco dealer cigarette inventory reconciliation, indicating daily, weekly or monthly beginning inventory, purchases, sales and ending inventory, in sequential date order.

(6) Retail tobacco dealer monthly wholesaler list, indicating the name and address of each wholesaler from whom cigarette or Other Tobacco Products inventory was purchased; brand name; type and total number of packs purchased from each wholesaler.

(c) Taxable and nontaxable transaction books and records. It shall be the duty of all wholesale tobacco dealers, retail tobacco dealers, retail cigarette manufacturers and persons required by this article to collect and/or to pay the taxes herein imposed to keep and maintain all books, papers and records related to all transactions taxable and nontaxable under this article and to make such records available to the Director or a duly authorized representative who has been appointed, by the Director, on request for inspection, audit and/or copying during regular business hours. The Department shall promulgate rules and regulations specifying the records that shall be kept by wholesale tobacco dealers, retail tobacco dealers, retail cigarette manufacturers and persons required by this article to collect and or/pay the taxes herein imposed, and may prescribe any forms appropriate in furtherance of this article. Books, papers and records which relate to a return filed or required to be filed with the Department shall be kept for the period as provided for in the Cook County Uniform Penalties, Interest and Procedures Ordinance (Section 34-60 et seq.). The burden shall be on the wholesale tobacco dealers, retail tobacco dealers and retail cigarette manufacturers tax collector and tax payer to keep records which verify the basis for any and all transactions which are claimed to be exempt from taxation pursuant to Section 74-434 of this article.

Sec. 74-440. - Inspections; audits.

Books and records kept in compliance with Section 74-439 of this article shall be made available to the Department upon request for inspection, audit and/or copying during regular business hours. Representatives of the Department shall be permitted to inspect or audit cigarette or Other Tobacco Products inventory in or upon any premises. An audit or inspection may include the physical examination of the cigarettes, packaging, or the cigarette tax stamps or Other Tobacco Products. It shall be unlawful for any person to prevent, or hinder a duly authorized Department representative from performing the enforcement duties provided in this article.

Sec. 74-441. - Confiscate; seize; redemption penalty.

(a) Confiscation; seizure. Whenever the Department or any of its duly authorized representatives shall discover any cigarettes and/or other tobacco products subject to any tax provided by this article upon which said tax has not been paid or the stamps affixed and cancelled as herein required, they are hereby authorized and empowered forthwith to confiscate; seize and take possession of such cigarettes and/or other tobacco products together with any vending machine; receptacle; container; vessel or holder in which they are held for sale except for money contained in such vending machine or receptacle, shall thereupon be deemed to be forfeited to the County of Cook.

(b) Cigarette redemption penalty. The Department shall either destroy the cigarettes seized or may permit the Wholesale Tobacco Dealer from whom the said cigarettes were seized, to redeem the cigarettes and/or any vending machine or receptacle seized therewith, by the payment of a Redemption Penalty equal to 100 percent of the tax due, and including the cost incurred in such proceeding. Such seizure, destruction, and sale, or redemption shall not be deemed to relieve any person from fine or imprisonment provided herein for violation of any provision of this article.

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Sec. 74-442. - Posting of signs.

Every retail tobacco dealer shall post a sign issued by the Department, indicating the offer to sale, the sale or purchase of unstamped packs or loose cigarettes is unlawful. The sign shall be posted in a conspicuous location, to anyone purchasing cigarettes, at the retailer's place of business.

Sec. 74-443. - Wholesale tobacco dealer quarterly returns.

A sworn quarterly cigarette and/or other tobacco products Revenue Information return shall be filed by each wholesale tobacco dealer with the Department, on forms prescribed by the Department. The return shall be filed on or before the last day of the first month following the preceding quarter. Every wholesale tobacco dealer required to file a tax return under this section, who does not file such tax return by its due date, or alternatively does not provide all required information on such tax return, shall be subject to the penalties that are provided for in Section 74-436 of this article in addition to all other penalties and interest that may be due as provided in the Uniform Penalties, Interest and Procedures Ordinance (Section 34-60 et seq.). Quarterly returns, books and records, papers and original source documents that provide support for the information that is included in the return filed, with the Department, shall be kept for the period as provided in the Cook County Uniform Penalties, Interest and Procedures Ordinance (Section 34-60 et seq.).

Sec. 74-444. - Failure to file a return and/or pay remit tax.

In case of failure to file a tax return and pay remit this tax when due the Department may assess penalties and interest as provided for in this article and/or the Cook County Uniform Penalties, Interest and Procedures Ordinance (Section 34-60 et seq.).

Sec. 74-445. - Authority to sellale stamp; agents; credits/refunds.

(a) Cigarette tax stamps. The Department shall contract for and furnish tax stamps of such denominations and quantities as may be necessary for the payment of the tax imposed on cigarettes by this article, and may, from time to time, provide for the issuance and exclusive use of stamps of a new design and forbid the use of stamps of any other design.

(b) Agents. The Department may appoint wholesale tobacco dealers of cigarettes and any other person within or without the County as agents to affix stamps to be used in paying the tax hereby imposed on cigarettes and said agent is hereby authorized to appoint other persons in his employ who are to affix said stamps to any cigarettes under his control in the manner prescribed by the rules and regulations promulgated by the Department. Whenever the Department shall sell, consign or deliver to any such agent any such stamps, such agent shall be entitled to receive compensation for his services and expenses in affixing such stamps, and to retain use of the monies to be paid by him for such stamps as a commission. The Department is hereby authorized to prescribe a schedule of commissions not exceeding five percent allowable to such agent for affixing such stamps. Such schedule shall be uniform for each type and denomination of stamp used and may be on a graduated scale with respect to the number of stamps purchased. The Department may, in its discretion, permit an agent to pay for such stamps within 30 days after the date of sale, consignment, or delivery of such stamps to such agent, provided a bond or bank letter of credit satisfactory to the Department and approved as to form and legality by the State's Attorney shall be submitted by said agent to the Department, in an amount equal to the value of such stamps. The Department, with approval from the State's Attorney, shall issue regulations pursuant to Section 74-435 regarding the use of such bonds or bank letters of credit.

(c) Credits or Refunds. The Department may redeem unused tax stamps lawfully on the possession of any person. Any person seeking credit and/or a refund for unused tax stamps, tax stamps affixed to packages of cigarettes returned to a manufacturer, or for the replacement of tax stamps, must file a claim

55 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012 in writing on forms prescribed by the Department. This form must be filed with the department no later than 12 months after the month in which the tax remittance or tax payment was made to the Department. The United States post mark date or date of physical/actual receipt is used, by the Department, to determine if a credit or refund is filed timely. No person shall sell or offer for sale any stamp issued under this article, except by written permission of the Department. The Department may prescribe rules and regulations concerning refunds, sales of stamps and redemption under the provisions of this article.

Sec. 74-446. - Single state and county stamp and monthly tax return.

(a) Single state and county stamp. Notwithstanding the provisions of Subsection 74-433(b), Section 74- 435, and Subsection 74-445(a) of this article, the Department may provide by regulation that the tax imposed by this article shall, in the alternative, be collected by means of the issuance and sale of a single tax stamp to be prepared jointly with the Department of Revenue of the State of Illinois (and/or the City Comptroller of the City of Chicago) evidencing the payment of the tax imposed by this article. Toward that end, the Department may make such arrangements and agreements with the Department of Revenue of the State of Illinois (and/or the City Comptroller of the City of Chicago) as may be required with respect to the method of acquiring, affixing, canceling and the manner of sharing the cost of such joint single tax stamps, and may establish procedures for payment of that portion of the tax revenue collected by the Department of Revenue of the State of Illinois (and/or the City Comptroller of the City of Chicago) due and payable to the County of Cook, in furtherance of the purposes of this article. In the event such alternative method as herein provided is utilized, no other method of collecting said tax may be used within the relevant jurisdiction; however, all other applicable provisions of this article shall nevertheless remain in full force and effect.

(b) Monthly tax return. Notwithstanding the provisions of Subsection 74-433(b), Section 74-435, Subsection 74-445(a) and subsection (a) of this section, the Department may provide by regulation that the tax imposed on cigarettes by this article, in the alternative, shall be collected by means of the filing of a sworn tax return to be prepared and filed by every wholesale tobacco dealer who sells cigarettes for consumption in the County of Cook. Said return shall be filed on a monthly basis and shall contain the same information required by Subsection 74-445(b) of this article. Said return shall be filed with the Department on or before the fifteenth day of each month stating such other and further information as may be required by the Department, and said return shall be accompanied by a certified check in the amount of the tax due and payable upon such taxable sales made by said wholesale tobacco dealer in the County of Cook during the preceding month. In the event such alternative method is utilized, no other method of collecting said tax may be used; however, all other applicable provisions of this article shall remain in full force and effect with the exception of the necessity of filing a quarterly tax return as provided in Section 74-443 of this article, which shall not be required.

Sec. 74-447. - Rulemaking.

(a) The Department shall prescribe reasonable rules, definitions, and regulations necessary to carry out the duties imposed upon it by this article. Such rules, definitions, and regulations shall include, but not be limited to, reasonable procedures consistent with existing practices of wholesale tobacco and retail tobacco dealers for collection and remittance of the tax herein levied.

(b) The Department may appoint wholesale tobacco dealers and any other person within or without the County of Cook as agents for the tax herein levied. The Department is hereby authorized to grant a commission not exceeding .0045 or .45 percent per cigarette tax stamp sold by the County of Cook to such agent for services rendered in connection with the tax herein levied in (Section 74-433), provided said tax is remitted, in full, by the due date.

(c) Within 30 days after the effective date of this article every wholesale tobacco dealer doing business

56 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012 in the County of Cook shall file with the Department, on forms prescribed by it, a sworn inventory of cigarettes in their possession or control on March 1, 2006. With said inventory, the wholesale tobacco dealer shall pay to the Cook County Collector the taxes due, including any additional taxes due as a result of this article, as amended, with respect to all stamped cigarettes which were in such wholesale tobacco dealer's possession on March 1, 2006.

(d) Within 30 days after the effective date of this article every retail tobacco dealer doing business in the County of Cook shall file with the Department, on forms prescribed by it, a sworn inventory of cigarettes in their possession or control on March 1, 2006. With said inventory, the retail tobacco dealer shall pay to the Cook County Collector the taxes due, including any additional taxes due as a result of this article, as amended, with respect to all cigarettes which were in such retail tobacco dealer's possession on March 1, 2006.

(e) Within 30 days after the effective date of this article every retail tobacco dealer doing business in the County of Cook shall file with the Department, on forms prescribed by it, a sworn inventory of tobacco products in their possession or control on June 1, 2006. With said inventory, the retail tobacco dealer shall pay to the Cook County Collector the taxes due, including any additional taxes due as a result of this article, as amended, with respect to all tobacco products which were in such retail tobacco dealer's possession on June 1, 2006.

Sec. 74-448. - Transmittal of excess tax collections.

In the event a person wholesale tobacco dealer, retail tobacco dealer or retail cigarette manufacturer collects an amount in excess of the tax imposed by this article, as amended, which amount is purported to be a collection thereof, and said wholesale tobacco dealer, retail tobacco dealer or retail cigarette manufacturer person fails to return the said excess amount to the purchaser who paid the tax, the said wholesale tobacco dealer, retail tobacco dealer or retail cigarette manufacturer person who collected the tax shall account for and pay over all such excess amounts to the Department along with the tax properly collected.

Sec. 74-449. - Deposit of tax proceeds.

All proceeds resulting from the imposition of the tax under this article, including penalties, shall be paid to the Department. The Department shall direct every dollar collected from the 2006 increase in the rate of the Home Rule Tobacco Tax to be deposited into the funds of the Cook County Bureau of Health.

Secs. 74-450. Application of uniform penalties, interest and procedures ordinance.

Whenever not inconsistent with the provision of this article or whenever this article is silent, the provisions of the uniform penalties, interest and procedures ordinance, Article III, Chapter 34 of the Cook County Code of Ordinances shall apply and supplement this article.

Secs. 74-451—74-469. - Reserved.

Effective Date: This Amendment shall be effective on passage.

Commissioner Reyes, seconded by Vice Chairman Sims, moved to Approve the Substitute Proposed Ordinance Amendment for Communication No. 316772 as amended. The motion carried.

Chairman Daley asked Laura Lechowicz-Felicione, Special Legal Counsel, of the President Office to address the Committee regarding the substitute amendment.

Laura Lechowicz-Felicione informed the Committee that she had an opportunity to talk to many of the

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Commissioners or their staff members regarding the amendment to the Tobacco Ordinance that was submitted on the February 15, 2012 board agenda as well as the substitute that was circulated on February 28, 2012, and that the Commissioners have the official substitute that was distributed by the Secretary to the Boards Office prior to the meeting today. She further stated that the purpose of the amendments are to clarify how the tobacco tax rate is applied on other tobacco products, which was the tax that was imposed by the County Board on November 15, 2011 as well as to clearly identify as intended under the original passage that the tax liability is imposed upon the consumer and not the retail dealers or the wholesale dealers. It also clarifies what party is to collect the tax to Cook County and it clarifies what parties are responsible to remit the floor tax to Cook County. The substitute also addresses an issue regarding the wholesale tobacco dealer and the fact that license tobacco distributors qualify as wholesale tobacco dealers. The State would not be responsible for remitting the floor tax.

Chairman Daley asked the Secretary to the Board to call upon the registered public speakers, in accordance with Cook County Code, Sec. 2-107(dd).

1. George Blakemore, Concerned Citizen 2. John Coakley, Manager, Guess Hookah 3. Jordan Hirsh, Owner, Cigar King 4. Mike Gold, President, Arango Cigar Co.

Chairman Daley stated for the record that the letters received from John Kelly of Strictly Men Tobacco and Joel Africk of Respiratory Health Association be made part of the record.

Chairman Daley informed the Committee that there was another proposed substitute amendment to the substitute for Communication No. 316772 that had been distributed.

Commissioner Suffredin, seconded by Commissioner Murphy, moved to accept the Proposed Substitute Amendment to the Substitute for Communication No. 316772 as follows:

PROPOSED SUBSTITUTE AMENDMENT TO THE SUBSTITUTE FOR COMMUNICATION NO. 316772

Sponsored by

THE HONORABLE LARRY SUFFREDIN AND JEFFREY TOBOLSKI, COOK COUNTY COMMISSIONERS

BE IT ORDAINED, by the Cook County Board of Commissioners, that Chapter 74, Taxation, Article XI Tobacco Tax, Section 74-433(e) of the Substitute for Communication No. 316772 is hereby amended as follows:

(e) Floor Tax. Notwithstanding subsection (d) of this Section, on or before March 20, 2012 and January 20, 2013, every retail tobacco dealer and retail cigarette manufacturer doing business in the County of Cook shall file with the Department, on forms prescribed by the Department, a sworn inventory of Other Tobacco Products in their possession or control as of 11:59 p.m. on February 29, 2012 and December 31, 2012 respectively. With said inventory, every retail tobacco dealer and retail cigarette manufacturer shall pay to the County taxes at the rates set forth above on said inventory, including any additional taxes due as a result of this article, as amended.

12-O-15 ORDINANCE

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Sponsored by THE HONORABLE JOHN P. DALEY AND JESUS G. GARCIA, COUNTY COMMISSIONERS

TOBACCO TAX AMENDMENT

BE IT ORDAINED, by the Cook County Board of Commissioners that Chapter 74 Taxation, Article XI Tobacco Tax, Sections 74-430 - 74-447 is hereby amended as follows:

Sec. 74-430. Short title.

This article may be cited as the "Cook County Tobacco Tax Ordinance".

Sec. 74-431. Definitions.

For the purpose of this article, whenever any of the following words, terms or definitions are used herein, they shall have the meaning ascribed to them in this section.

Altered or mutilated tax stamp means any tax stamp on which the identity information is illegible or incomplete.

Chewing tobacco means any leaf tobacco that is not intended to be smoked.

Cigar means any roll of tobacco wrapped in leaf tobacco or in any substance containing tobacco (other than any roll of tobacco which is a cigarette as defined in this article).

Cigarette means any roll for smoking made wholly or in part of tobacco, irrespective of size or shape and whether such tobacco is flavored, adulterated or mixed with any other ingredient, or not, and the wrapper of which is made of paper or any other substance or material except tobacco.

Concealment means cigarettes, other tobacco products, or cigarette tax stamps, in violation of this article, deliberately hidden to prevent or evade discovery and offered for sale by or in the possession of a wholesale or retail tobacco dealer.

Conspicuous means easily or clearly visible.

Consumer means a person who purchases cigarettes or Other Tobacco Products from a wholesale tobacco dealer, retail tobacco dealer or retail cigarette manufacturer, and not for resale purposes.

Counterfeit cigarettes means any cigarette or pack of cigarettes bearing a false, forged, artificial or imitation manufacturing label.

County means the County of Cook.

Department means the Department of Revenue within the Bureau of Finance of the County of Cook.

Director means the Director of the Department of Revenue.

Improperly stamped pack means, any packs of cigarettes on which is affixed an altered/mutilated; used or reused; or counterfeit tax stamp.

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Large cigar means any roll of tobacco wrapped in leaf tobacco or any substance containing tobacco and weighing more than three pounds per one thousand units.

Little cigar means any roll of tobacco, other than a cigarette, wrapped in leaf tobacco or any substance containing tobacco and not weighing more than three pounds per one thousand units.

Loose cigarettes means cigarettes that are not contained within a sealed container, pack, or package as provided by the manufacturer or as a result of any wholesale or retail tobacco dealer or person breaking or otherwise opening any cigarette package to sell or distribute individual cigarettes or a number of unpackaged cigarettes that is smaller than the minimum package size of 20 cigarettes or any quantity of cigarettes that is smaller than the smallest package distributed by the manufacturer for individual consumer use.

Loose little cigars mean little cigars that are not contained within a sealed container, pack or package as provided by the manufacturer.

Manufacturer means any person, other than a Retail Cigarette Manufacturer, who makes or fabricates cigarettes and/or tobacco products and sells them.

Other Tobacco pProducts includes, but is not limited to, smokeless tobacco, smoking tobacco, large cigars and little cigars, but does not include cigarettes.

Package means the original packet, box, tin or container whatsoever used to contain and to convey cigarettes or other tobacco products to the consumer.

Person means any individual, corporation, Limited Liability Corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity.

Pipe tobacco includes any tobacco which, because of its appearance, type, packaging or labeling is suitable for use and likely to be offered to, or purchased by, consumers as tobacco to be smoked in a pipe.

Premises means, but is not limited to, buildings, vehicles or any place where cigarette or Other Tobacco Products inventory is possessed, stored or sold.

Purchaser means a buyer of cigarettes or Other Tobacco Products, including but not limited to, retail tobacco dealers, retail cigarette manufacturers and/or consumer or end-user.

Retail cigarette manufacturer means any retail tobacco dealer who provides to consumers tobacco and other material and makes, fabricates, or produces cigarettes or provides to consumers tobacco and other material and equipment for the production and sale of cigarettes within the retailer’s cigarette manufacturer’s premises (as defined herein) in Cook County.

Retail tobacco dealer means any person who engages in the business of selling cigarettes or other tobacco products in the County of Cook to a consumer purchaser for use or consumption and not for resale in any form. A retail tobacco dealer shall not include any person who is licensed by the State of Illinois as a tobacco distributor or wholesaler.

Roll-your-own tobacco includes any tobacco which, because of its appearance, type, packaging or

60 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012 labeling is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes or cigars or for use as wrappers of cigars or cigarettes.

Sale, resale, selling means any transfer of ownership or possession, or both, exchange or barter, conditional or otherwise, in any manner or by any means whatsoever for a valuable consideration.

Smokeless tobacco includes any snuff, snus, chewing tobacco, or other tobacco products not intended to be smoked.

Smoking tobacco includes granulated, plug cut, crimp cut, ready rubbed and other kinds and forms of tobacco prepared in such manner as to be suitable for smoking in a pipe or cigarette.

Snuff means any finely cut, ground or powered tobacco that is not intended to be smoked.

Snus means any moist tobacco product that is not intended to be smoked.

Stamp means paper or other material with an imprint or decalcomania device thereon, of such size, design, color and denominations as may be prescribed and procured by the Department which, when affixed to a package of cigarettes, shall evidence payment of the tax thereon, as provided by this article.

Tobacco products includes, but is not limited to, any cigars; cheroots; stogies; periques; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snus, snuff or snuff flour; Cavendish; plug and twist tobacco; fine-cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings, and sweeping of tobacco; and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or smoking in a pipe or otherwise, or both chewing and smoking; but does not include cigarettes or tobacco purchased for the manufacture of cigarettes by cigarette wholesale tobacco dealers and manufacturers as defined in this article.

Unit means any division of quantity that may be used as a standard to measure the quantity sold based on length, width, weight such as pounds, ounces and/or grams or volume or some other similar unit of measure, including but not limited to per item.

Unstamped pack means any pack of cigarettes on which a Cook County tax stamp is not affixed.

Use means any exercise of a right or power, actual or constructive, and shall include but is not limited to the receipt, storage, or any keeping or retention for any length of time, but shall not include possession for sale by a retail tobacco dealer, retail cigarette manufacturer or wholesale tobacco dealer as defined in this article.

Used or reused tax stamp means any tax stamp previously affixed to a tobacco product, removed and subsequently affixed to any tobacco product purchased, offered for sale or sold by any person, wholesale or retail tobacco dealer; or any removed tax stamp purchased, offered for sale, sold by, or in the possession of a wholesale or retail tobacco dealer.

Wholesale tobacco dealer means any person who engages in the business of selling or supplying cigarettes and/or Other tTobacco pProducts, who brings or causes to be brought into the County of Cook cigarettes, and/or Other Tobacco Products to any person for sale or resale to retail tobacco dealers, retail cigarette manufacturers, and/or consumers in or outside the County of Cook. For the purposes of this article, wholesale tobacco dealers also include persons or businesses licensed as tobacco distributors, cigarette distributors or wholesalers with the State of Illinois(35 ILCS 143/10-20).

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Sec. 74-432. Registration of wholesale, retail tobacco dealers and retail cigarette manufacturer.

Wholesale tobacco dealers, retail tobacco dealers and retail cigarette manufacturers as defined in this article, shall register with the Department in accordance with policies or procedures prescribed by the Department.

Sec. 74-433. Tax imposed; cigarettes, other tobacco products; collection; remittance.

(a) Cigarette Tax rate. A tax at the rate of 100 mils or $0.10 per cigarette is hereby imposed upon all cigarettes possessed for sale and upon the use of all cigarettes within the County of Cook, the ultimate incidence of and liability for payment of said tax to be borne by the consumer of said cigarettes. The tax imposed hereby at the rate of 100 mils or $0.10 per cigarette shall become in force and effect on March 1, 2006. The tax herein levied shall be in addition to any and all other taxes.

(b) Cigarette Tax stamp purchases. The tax imposed in this section shall be paid by purchase of tax stamps from the Department, except as otherwise provided in Subsections 74-446(a) and (b) of this article. The Department shall only sell Cook County cigarette tax stamps to cigarette distributors who are licensed with the State of Illinois. It shall be the duty of every wholesale tobacco dealer, before delivering or causing to be delivered any cigarettes to a retail tobacco dealer in the County of Cook to purchase from the Department a tax stamp for each package of cigarettes and to cancel said stamps prior to the delivery of such cigarettes to any retail tobacco dealer in the County of Cook. Said stamps shall be affixed and cancelled in the manner prescribed by rules and regulations of the Department.

(c) Retail cigarette manufacturer tax rate. A tax at the rate of $0.10 per cigarette is hereby imposed upon each cigarette produced sold by a retail cigarette manufacturer. The tax herein levied shall be in addition to any and all other taxes.

(d) Other tobacco product tax rate. A tax at the rates specified in this section is hereby imposed upon the sale of all Other Tobacco Products within the County of Cook, the ultimate incidence of and liability for payment of said tax to be borne by the Consumer of said Other Tobacco Products. The tax imposed hereby at the rates listed in subsection (1) shall come into force and effect on March 1, 2012 and subsection (2) on January 1, 2013.

(1) A tax at the following rates is hereby imposed upon the sale of the following products through December 31, 2012:

a. Smoking tobacco: $0.30 per ounce or fraction thereof.

b. Smokeless tobacco: $0.30 per ounce or fraction thereof.

c. Little cigars: $0.05 per unit or cigar.

d. Large cigars: $0.25 per unit or cigar.

(2) A tax at the following rates is hereby imposed upon the sale of the following products effective January 1, 2013:

a. Smoking tobacco: $0.60 per ounce or fraction thereof.

b. Smokeless tobacco: $0.60 per ounce or fraction thereof.

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c. Little cigars: $0.05 per unit or cigar.

d. Large cigars: $0.30 per unit or cigar.

(e) Floor Tax. Notwithstanding subsection (d) of this Section, on or before March 20, 2012 and January 20, 2013, every retail tobacco dealer and retail cigarette manufacturer doing business in the County of Cook shall file with the Department, on forms prescribed by the Department, a sworn inventory of Other Tobacco Products in their possession or control as of 11:59 p.m. on February 29, 2012 and December 31, 2012 respectively. With said inventory, every retail tobacco dealer and retail cigarette manufacturer shall pay to the County taxes at the rates set forth above on said inventory, including any additional taxes due as a result of this article, as amended.

(e) Wholesale Tobacco Dealer Tax, Retail Tobacco Dealer and Retail Cigarette Manufacturer Tax collection. Any wholesale tobacco dealer shall collect the tax levied by this article from any Purchaser to whom the sale of said cigarettes and/or Other Tobacco Products is made within the County of Cook and Any wholesale tobacco dealer who shall remit to the County pay the tax levied by this article. to the Department shall collect the tax from any retail tobacco dealer to whom the sale of said cigarettes and/or oOther tTobacco pProducts is made, and a Any retail tobacco dealer and retail cigarette manufacturer also shall, in turn, collect the tax from the purchaser any Consumer to whom the sale of said cigarettes and/or Other Tobacco Products is made within the County of Cook. of said cigarettes, smoking tobacco, smokeless tobacco, little cigars and large cigars. Any such tax shall be collected as a trustee for and on account of the County of Cook. Nothing in this Article shall be construed to impose a tax upon the occupation of wholesale tobacco dealer, retail tobacco dealer, and retail cigarette manufacturer.

(f) Retail cigarette manufacturer Tax collection. Any retail cigarette manufacturer who shall pay the tax levied by this article to the Department shall collect the tax from the purchaser

(f g) Other Tobacco Products Tax collection remittance. It shall be the duty of every wholesale tobacco dealer, and retail cigarette manufacturer to remit tax due for other Tobacco Product sales along with forms prescribed by the Department, on or before the 20th day of the month following the month for which the tax is due.

1. Wholesale Tobacco Dealers. It shall be the duty of every wholesale tobacco dealer to remit the tax due on the sales of Other Tobacco Products to retail tobacco dealers, and /or retail cigarette manufacturers and/or consumers in Cook County on forms prescribed by the Department, on or before the 20th day of the month following the month in which the sales of Other Tobacco Products occurred.

2. Retail Cigarette Manufacturers. It shall be the duty of every retail cigarette manufacturer to remit the tax due on cigarettes produced and sold on the premises, on forms prescribed by the Department, on or before the 20th day of the month following the month in which the cigarette sales occurred.

3. Retail tobacco dealers and /or retail cigarette manufacturers untaxed Other Tobacco Products. It shall be the duty of every retail tobacco dealer and/or retail cigarette manufacturer that purchases or acquires Other Tobacco Products on which the tax set forth in this Article on Other Tobacco Products has not been paid, to remit the tax due, on forms prescribed by the Department, on or before the 20th day following the month in which the Other Tobacco Products for which taxes were not paid were purchased or

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acquired by the retail tobacco dealer or retail cigarette manufacturer were sold in Cook County to a consumer.

(g) Tax included in sales price. It shall be deemed a violation of this article for a wholesale tobacco dealer, retail tobacco dealer or retail cigarette manufacturer to fail to include the tax imposed in this article in the sale price of cigarettes and other tobacco products to otherwise absorb such tax. The tax levied in this article shall be in addition to any and all other taxes.

(h) Tax debt owed to County. The tax required in this article to be remitted to the County collected by any wholesale tobacco dealer, or retail tobacco dealer, or retail cigarette manufacturer pursuant to this article shall constitute a debt owed by such any wholesale tobacco dealer, or retail tobacco dealer or retail cigarette manufacturer to the County. The tax shall be paid to the person required to collect it as trustee for and on account of the County of Cook.

Sec. 74-434. Tax free sales.

Wholesale tobacco dealers doing business in Cook County shall not pay or collect a tax with respect to cigarettes and/or other tobacco products which are otherwise subject to the tax when the cigarettes and/or other tobacco products are being sold to the following:

(a) Another wholesale tobacco dealer holding a valid Cook County tobacco wholesaler’s registration certificate; and or

(b) A wholesale tobacco dealer or a retail tobacco dealer in the event,when the selling wholesale tobacco dealer, or its agent, delivers the cigarettes or other tobacco products to a location outside of Cook County.

Additionally, a wholesale tobacco dealer’s sale of other tobacco products to a consumer shall not be taxed so long as the sale occurs outside of Cook County.

Sec. 74-435. Sales, possession, use or hindrance violations and penalties.

(a) It shall be a violation of this article to engage in the sale, possession, or use of any cigarettes and/or other tobacco products subject to any tax provided by this article upon which said tax has not been paid or the stamps affixed and cancelled as herein required, including, as described in this article:

(1) Counterfeit cigarettes or counterfeit other tobacco products.

(2) Counterfeit tax stamps.

(3) Improperly stamped packs.

(4) Unstamped packs.

(b) It shall be a violation of this article for any wholesale tobacco dealer, retail tobacco dealer, or retail cigarette manufacturer to engage in any of the following:

(1) Utilization of used or reused tax stamps by possessing or offering for sale or resale packs of cigarettes affixed with a used or reused tax stamp.

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(2) Concealment, as described in this article.

(3) Sell or distribute loose cigarettes. or little cigars.

(4) Sell cigarettes to any person, other than to another registered Cook County wholesale tobacco dealer, unless each package bears an un-mutilated Cook County tax stamp affixed, or where the selling wholesale tobacco dealer, or its agent, delivers the unstamped cigarettes to a location outside Cook County.

(5) Hinder or prevent an authorized Department representative from performing an inspection or audit.

(c) Prima facie presumption. The sale, resale or possession by a wholesale tobacco dealer or retail tobacco dealer of altered/mutilated, counterfeit, used or reused tax stamps; or packs of counterfeit, improperly stamped, unstamped cigarettes or loose cigarettes; and the sale or resale or possession, by a retail tobacco dealer or retail cigarette manufacturer, of Other Tobacco Products on which the tax provided by this article has not been paid shall give rise to the prima facie presumption that the wholesale tobacco dealer, or retail tobacco dealer or retail cigarette manufacturer is in violation of the provisions of this article. Retail tobacco dealers or and retail cigarette manufacturers shall be held strictly liable for violations of this ordinance that occur within their premises, as defined herein, regardless of the employment status of the actual violator.

(d) Cigarette pack, tax stamp, loose cigarettes and little cigars, other tobacco products and hindrance violation penalties.

Violation Penalties Amount Concealment 1st Offense $2,000.00 2nd and each subsequent offense, an additional 4,000.00 Counterfeit packs of cigarettes 40 or less 2,000.00 41 or more, per pack 50.00 2nd and each subsequent offense, an additional 4,000.00 Counterfeit tax stamps 40 or less 2,000.00 41 or more, per stamp 50.00 2nd and each subsequent offense, an additional 4,000.00 Improperly stamped packs 40 or less 2,000.00 41 or more, per pack 50.00 2nd and each subsequent offense, an additional 2000.00 Loose cigarettes and little cigars 40 or less 1,000.00 40 or more, per cigarette 25.00 2nd and each subsequent offense, an additional 2,000.00 Other tobacco products 1st offense 1,000.00 2nd and each subsequent offense, an additional 2,000.00 Sales to unregistered wholesalers

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1st offense 2,000.00 2nd and each subsequent offense, an additional 4,000.00 Unstamped packs 40 packs or less 1,000.00 41 packs or more, per pack 25.00 2nd and each subsequent offense, an additional 2,000.00 Utilization of used or reused tax stamps 40 or less packs or stamps 2,000.00 41 or more packs or stamps, per pack or stamp 50.00 2nd and each subsequent offense, an additional 4,000.00 Hinder inspection or audit 1st offense 1,000.00 2nd and each subsequent offense, an additional 2,000.00

Sec. 74-436. Other violation penalties.

(a) Any person determined to have violated this article, as amended, excluding the violations described in Section 74-435 (Sales, possession, use or hindrance violations and penalties), shall be subject to a fine in the amount of $1,000.00 for the first offense, and a fine of $2,000.00 for the second and each subsequent offense. Separate and distinct offense shall be regarded as committed each day upon which said person shall continue any such violation, or permit any such violation to exist after notification thereof. It shall be deemed a violation of this article for any person to knowingly furnish false or inaccurate information to the Department.

(b) Criminal penalties. Every person who shall falsely make, alter, forge or counterfeit any tax stamp, or who, with intent to defraud the County, shall affix or cause to be affixed any counterfeit or altered stamp to any package of cigarettes, knowing said stamp to be counterfeit or altered, shall be guilty of a Class B misdemeanor, in addition to any other criminal penalties which may be applicable under Illinois or Federal law.

(c) Criminal prosecution. Criminal prosecution pursuant to this article shall in no way bar the right of the County to institute civil proceedings to recover delinquent taxes, interest and penalty due and owing as well as costs incurred for such proceeding.

Sec. 74-437. Internet, mail order and outside-of-county purchases.

With respect to cigarettes or tobacco products purchased over the internet, by mail order or outside the County, if the tax on cigarettes and other tobacco products which is imposed pursuant to this article, as amended, has not been paid by a wholesaler or retailer prior to use or possession of the cigarette or tobacco product by a person within the County of Cook, such person shall be obligated to make payment of the tax directly to the Department. Within 30 days of purchase, such person shall file a return with the Department of Revenue and pay the tax, penalties and interest due under this article, as amended.

(a) Cigarettes. With respect to cigarettes or tobacco products purchased over the internet, by mail order or outside the County, if the tax on cigarettes and other tobacco products which is imposed pursuant to this article, as amended, has not been paid by a wholesaler or retailer prior to use or possession of the cigarette or tobacco product by a person within the County of Cook, such person shall be obligated to make payment of the tax directly to the Department. Within 30 days of purchase, such person shall file a return with the Department of Revenue and pay the tax, penalties and interest due under this article, as amended.

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(b) Other Tobacco Products. With respect to other tobacco products purchased by a consumer over the internet, by mail order or outside the County, if the tax on such other tobacco products imposed pursuant to this article has not been collected and/or remitted to the County previously by a wholesale tobacco dealer, retail tobacco dealer or retail tobacco manufacturer prior to the sale of the other tobacco products to the consumer within the County of Cook, such consumer shall be obligated to remit the tax due to the County, on forms prescribed by the Department, on or before the 20th day following the month in which any such other tobacco products were purchased by the consumer.

Sec. 74-438. Mutilation of tax stamps.

It is unlawful for any person to mutilate a tax stamp herein required on any package of cigarettes before it is sold by a retail tobacco dealer.

Sec. 74-439. Books and records to be kept.

(a) Wholesale tobacco dealer records of deliveries. At the time of delivering cigarettes or Other Tobacco Products to any person doing business in the County of Cook, it shall be the duty of every wholesale tobacco dealer to make a true triplicate invoice, numbered serially, showing the date of delivery, the number of packages, the number of cigarettes contained therein in each shipment of cigarettes delivered, or amount of Other Tobacco Products delivered, and the name of the purchaser to whom delivery is made. The wholesaler tobacco dealer shall issue one copy of the invoice to the purchaser, and shall retain one legible copy of the same for the use and inspection of the Department for the period of time as provided for in the Cook County Uniform Penalties, Interest and Procedure Ordinance (Section 34-60 et seq.).

(b) Wholesaler and Retailer inventory purchases; sales; reconciliations. It shall be the duty of every wholesale tobacco dealer and retail tobacco dealer to make or maintain cigarette and/or Other Tobacco Products inventory:

(1) Purchase order documents, serially numbered, indicating the date; name, address of the person or business from whom the cigarettes or Other Tobacco Products were purchased; brand name, type and total number of packages to be purchased, in sequential date order.

(2) Delivery or receipt documents, serially numbered indicating the date; name, address of the person or business to whom the cigarettes or Other Tobacco Products were delivered; brand name, type and total number of packs delivered, in sequential date order.

(3) Wholesale tobacco dealer sales documents, serially numbered indicating the date; name, address of the person or business to whom the cigarettes or Other Tobacco Products were sold; brand name, type and total number of packs delivered, in sequential date order.

(4) Retail tobacco dealer sales documents, indicating in sequential date order, brand name, type and total number of packs or amounts of Other Tobacco Products sold, each day.

(5) Retail tobacco dealer cigarette inventory reconciliation, indicating daily, weekly or monthly beginning inventory, purchases, sales and ending inventory, in sequential date order.

(6) Retail tobacco dealer monthly wholesaler list, indicating the name and address of each wholesaler from whom cigarette or Other Tobacco Products inventory was purchased;

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brand name; type and total number of packs purchased from each wholesaler.

(c) Taxable and nontaxable transaction books and records. It shall be the duty of all wholesale tobacco dealers, retail tobacco dealers, retail cigarette manufacturers and persons required by this article to collect and/or to pay the taxes herein imposed to keep and maintain all books, papers and records related to all transactions taxable and nontaxable under this article and to make such records available to the Director or a duly authorized representative who has been appointed, by the Director, on request for inspection, audit and/or copying during regular business hours. The Department shall promulgate rules and regulations specifying the records that shall be kept by wholesale tobacco dealers, retail tobacco dealers, retail cigarette manufacturers and persons required by this article to collect and or/pay the taxes herein imposed, and may prescribe any forms appropriate in furtherance of this article. Books, papers and records which relate to a return filed or required to be filed with the Department shall be kept for the period as provided for in the Cook County Uniform Penalties, Interest and Procedures Ordinance (Section 34-60 et seq.). The burden shall be on the wholesale tobacco dealers, retail tobacco dealers and retail cigarette manufacturers tax collector and tax payer to keep records which verify the basis for any and all transactions which are claimed to be exempt from taxation pursuant to Section 74- 434 of this article.

Sec. 74-440. Inspections; audits.

Books and records kept in compliance with Section 74-439 of this article shall be made available to the Department upon request for inspection, audit and/or copying during regular business hours. Representatives of the Department shall be permitted to inspect or audit cigarette or Other Tobacco Products inventory in or upon any premises. An audit or inspection may include the physical examination of the cigarettes, packaging, or the cigarette tax stamps or Other Tobacco Products. It shall be unlawful for any person to prevent, or hinder a duly authorized Department representative from performing the enforcement duties provided in this article.

Sec. 74-441. Confiscate; seize; redemption penalty.

(a) Confiscation; seizure. Whenever the Department or any of its duly authorized representatives shall discover any cigarettes and/or other tobacco products subject to any tax provided by this article upon which said tax has not been paid or the stamps affixed and cancelled as herein required, they are hereby authorized and empowered forthwith to confiscate; seize and take possession of such cigarettes and/or other tobacco products together with any vending machine; receptacle; container; vessel or holder in which they are held for sale except for money contained in such vending machine or receptacle, shall thereupon be deemed to be forfeited to the County of Cook.

(b) Cigarette redemption penalty. The Department shall either destroy the cigarettes seized or may permit the Wholesale Tobacco Dealer from whom the said cigarettes were seized, to redeem the cigarettes and/or any vending machine or receptacle seized therewith, by the payment of a Redemption Penalty equal to 100 percent of the tax due, and including the cost incurred in such proceeding. Such seizure, destruction, and sale, or redemption shall not be deemed to relieve any person from fine or imprisonment provided herein for violation of any provision of this article.

Sec. 74-442. Posting of signs.

Every retail tobacco dealer shall post a sign issued by the Department, indicating the offer to sale, the sale or purchase of unstamped packs or loose cigarettes is unlawful. The sign shall be posted in a conspicuous location, to anyone purchasing cigarettes, at the retailer's place of business.

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Sec. 74-443. Wholesale tobacco dealer quarterly returns.

A sworn quarterly cigarette and/or other tobacco products Revenue Information return shall be filed by each wholesale tobacco dealer with the Department, on forms prescribed by the Department. The return shall be filed on or before the last day of the first month following the preceding quarter. Every wholesale tobacco dealer required to file a tax return under this section, who does not file such tax return by its due date, or alternatively does not provide all required information on such tax return, shall be subject to the penalties that are provided for in Section 74-436 of this article in addition to all other penalties and interest that may be due as provided in the Uniform Penalties, Interest and Procedures Ordinance (Section 34-60 et seq.). Quarterly returns, books and records, papers and original source documents that provide support for the information that is included in the return filed, with the Department, shall be kept for the period as provided in the Cook County Uniform Penalties, Interest and Procedures Ordinance (Section 34-60 et seq.).

Sec. 74-444. - Failure to file a return and/or pay remit tax.

In case of failure to file a tax return and pay remit this tax when due the Department may assess penalties and interest as provided for in this article and/or the Cook County Uniform Penalties, Interest and Procedures Ordinance (Section 34-60 et seq.).

Sec. 74-445. Authority to sellale stamp; agents; credits/refunds.

(a) Cigarette tax stamps. The Department shall contract for and furnish tax stamps of such denominations and quantities as may be necessary for the payment of the tax imposed on cigarettes by this article, and may, from time to time, provide for the issuance and exclusive use of stamps of a new design and forbid the use of stamps of any other design.

(b) Agents. The Department may appoint wholesale tobacco dealers of cigarettes and any other person within or without the County as agents to affix stamps to be used in paying the tax hereby imposed on cigarettes and said agent is hereby authorized to appoint other persons in his employ who are to affix said stamps to any cigarettes under his control in the manner prescribed by the rules and regulations promulgated by the Department. Whenever the Department shall sell, consign or deliver to any such agent any such stamps, such agent shall be entitled to receive compensation for his services and expenses in affixing such stamps, and to retain use of the monies to be paid by him for such stamps as a commission. The Department is hereby authorized to prescribe a schedule of commissions not exceeding five percent allowable to such agent for affixing such stamps. Such schedule shall be uniform for each type and denomination of stamp used and may be on a graduated scale with respect to the number of stamps purchased. The Department may, in its discretion, permit an agent to pay for such stamps within 30 days after the date of sale, consignment, or delivery of such stamps to such agent, provided a bond or bank letter of credit satisfactory to the Department and approved as to form and legality by the State's Attorney shall be submitted by said agent to the Department, in an amount equal to the value of such stamps. The Department, with approval from the State's Attorney, shall issue regulations pursuant to Section 74-435 regarding the use of such bonds or bank letters of credit.

(c) Credits or Refunds. The Department may redeem unused tax stamps lawfully on the possession of any person. Any person seeking credit and/or a refund for unused tax stamps, tax stamps affixed to packages of cigarettes returned to a manufacturer, or for the replacement of tax stamps, must file a claim in writing on forms prescribed by the Department. This form must be filed with the department no later than 12 months after the month in which the tax remittance or tax payment was made to the Department. The United States post mark date or date of physical/actual receipt is used, by the

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Department, to determine if a credit or refund is filed timely. No person shall sell or offer for sale any stamp issued under this article, except by written permission of the Department. The Department may prescribe rules and regulations concerning refunds, sales of stamps and redemption under the provisions of this article.

Sec. 74-446. Single state and county stamp and monthly tax return.

(a) Single state and county stamp. Notwithstanding the provisions of Subsection 74-433(b), Section 74-435, and Subsection 74-445(a) of this article, the Department may provide by regulation that the tax imposed by this article shall, in the alternative, be collected by means of the issuance and sale of a single tax stamp to be prepared jointly with the Department of Revenue of the State of Illinois (and/or the City Comptroller of the City of Chicago) evidencing the payment of the tax imposed by this article. Toward that end, the Department may make such arrangements and agreements with the Department of Revenue of the State of Illinois (and/or the City Comptroller of the City of Chicago) as may be required with respect to the method of acquiring, affixing, canceling and the manner of sharing the cost of such joint single tax stamps, and may establish procedures for payment of that portion of the tax revenue collected by the Department of Revenue of the State of Illinois (and/or the City Comptroller of the City of Chicago) due and payable to the County of Cook, in furtherance of the purposes of this article. In the event such alternative method as herein provided is utilized, no other method of collecting said tax may be used within the relevant jurisdiction; however, all other applicable provisions of this article shall nevertheless remain in full force and effect.

(b) Monthly tax return. Notwithstanding the provisions of Subsection 74-433(b), Section 74- 435, Subsection 74-445(a) and subsection (a) of this section, the Department may provide by regulation that the tax imposed on cigarettes by this article, in the alternative, shall be collected by means of the filing of a sworn tax return to be prepared and filed by every wholesale tobacco dealer who sells cigarettes for consumption in the County of Cook. Said return shall be filed on a monthly basis and shall contain the same information required by Subsection 74-445(b) of this article. Said return shall be filed with the Department on or before the fifteenth day of each month stating such other and further information as may be required by the Department, and said return shall be accompanied by a certified check in the amount of the tax due and payable upon such taxable sales made by said wholesale tobacco dealer in the County of Cook during the preceding month. In the event such alternative method is utilized, no other method of collecting said tax may be used; however, all other applicable provisions of this article shall remain in full force and effect with the exception of the necessity of filing a quarterly tax return as provided in Section 74-443 of this article, which shall not be required.

Sec. 74-447. Rulemaking.

(a) The Department shall prescribe reasonable rules, definitions, and regulations necessary to carry out the duties imposed upon it by this article. Such rules, definitions, and regulations shall include, but not be limited to, reasonable procedures consistent with existing practices of wholesale tobacco and retail tobacco dealers for collection and remittance of the tax herein levied.

(b) The Department may appoint wholesale tobacco dealers and any other person within or without the County of Cook as agents for the tax herein levied. The Department is hereby authorized to grant a commission not exceeding .0045 or .45 percent per cigarette tax stamp sold by the County of Cook to such agent for services rendered in connection with the tax herein levied in (Section 74-433), provided said tax is remitted, in full, by the due date.

(c) Within 30 days after the effective date of this article every wholesale tobacco dealer doing business in the County of Cook shall file with the Department, on forms prescribed by it, a sworn

70 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012 inventory of cigarettes in their possession or control on March 1, 2006. With said inventory, the wholesale tobacco dealer shall pay to the Cook County Collector the taxes due, including any additional taxes due as a result of this article, as amended, with respect to all stamped cigarettes which were in such wholesale tobacco dealer's possession on March 1, 2006.

(d) Within 30 days after the effective date of this article every retail tobacco dealer doing business in the County of Cook shall file with the Department, on forms prescribed by it, a sworn inventory of cigarettes in their possession or control on March 1, 2006. With said inventory, the retail tobacco dealer shall pay to the Cook County Collector the taxes due, including any additional taxes due as a result of this article, as amended, with respect to all cigarettes which were in such retail tobacco dealer's possession on March 1, 2006.

(e) Within 30 days after the effective date of this article every retail tobacco dealer doing business in the County of Cook shall file with the Department, on forms prescribed by it, a sworn inventory of tobacco products in their possession or control on June 1, 2006. With said inventory, the retail tobacco dealer shall pay to the Cook County Collector the taxes due, including any additional taxes due as a result of this article, as amended, with respect to all tobacco products which were in such retail tobacco dealer's possession on June 1, 2006.

Sec. 74-448. Transmittal of excess tax collections.

In the event a person wholesale tobacco dealer, retail tobacco dealer or retail cigarette manufacturer collects an amount in excess of the tax imposed by this article, as amended, which amount is purported to be a collection thereof, and said wholesale tobacco dealer, retail tobacco dealer or retail cigarette manufacturer person fails to return the said excess amount to the purchaser who paid the tax, the said wholesale tobacco dealer, retail tobacco dealer or retail cigarette manufacturer person who collected the tax shall account for and pay over all such excess amounts to the Department along with the tax properly collected.

Sec. 74-449. Deposit of tax proceeds.

All proceeds resulting from the imposition of the tax under this article, including penalties, shall be paid to the Department. The Department shall direct every dollar collected from the 2006 increase in the rate of the Home Rule Tobacco Tax to be deposited into the funds of the Cook County Bureau of Health.

Secs. 74-450. Application of uniform penalties, interest and procedures ordinance.

Whenever not inconsistent with the provision of this article or whenever this article is silent, the provisions of the uniform penalties, interest and procedures ordinance, Article III, Chapter 34 of the Cook County Code of Ordinances shall apply and supplement this article.

Secs. 74-451 - 74-469. - Reserved.

Effective Date: This Ordinance Amendment shall be effective on passage.

Approved and adopted this 1st day of March 2012.

TONI PRECKWINKLE, President Cook County Board of Commissioners

Attest: DAVID ORR, County Clerk

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Commissioner Suffredin, seconded by Commissioner Steele, moved to Approve the Proposed Substitute Amendment to the Substitute for Communication No. 316772. Chairman Daley called for a roll call vote on the motion, the votes of yeas and nays being as follows:

Roll Call On Motion To Approve Communication No. 316772 As Substituted

Yeas: Chairman Daley, Vice Chairman Sims, Commisioners Butler, Fritchey, Gainer, Garcia, Reyes, Steele and Suffredin (9).

Nays: Commissioners Beavers, Gorman, Goslin, Murphy, Schneider, Silvestri and Tobolski (7).

Absent: Commissioner Collins (1).

The motion carried, and the Proposed Ordinance Amendment for Communication No. 316772 as amended by substitution was Approved.

Commissioner Silvestri moved to adjourn the meeting, seconded by Vice Chairman Sims. The motion carried and the meeting was adjourned.

YOUR COMMITTEE RECOMMENDS THE FOLLOWING ACTION WITH REGARD TO THE MATTER NAMED HEREIN:

Communication No. 316772 Approved, As Amended

Respectfully submitted,

COMMITTEE ON FINANCE COMMITTEE

JOHN P. DALEY, Chairman

ATTEST: MATTHEW B. DeLEON, Secretary ______

Commissioner Daley, seconded by Commissioner Sims, moved that the Report of the Committee on Finance Committee be approved and adopted. The motion carried unanimously.

REPORT OF THE COMMITTEE ON FINANCE

March 1, 2012

The Honorable, The Board of Commissioners of Cook County

ATTENDANCE

Present: President Preckwinkle Chairman Daley, Vice Chairman Sims, Commissioners Beavers, Butler, Collins, Fritchey, Gainer, Garcia, Gorman, Goslin, Murphy, Reyes, Schneider, Silvestri, Steele, Suffredin and Tobolski (17).

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Absent: None (0).

Ladies and Gentlemen:

SECTION 1

Your Committee has considered the following court orders submitted by attorneys for payment of fees earned by said attorneys for defending indigent defendants.

Your Committee, therefore, recommends that the County Comptroller and County Treasurer be, and by the adoption of this report, authorized and directed to issue checks to said attorneys in the amounts recommended. CRIMINAL DIVISION

316798 JAMES A. GRAHAM, Attorney, submitting an Order of Court for payment of $4,312.50 attorney fees for court appointed legal representation of indigent respondent(s), Otto Lee. Case No(s). 09-CR-6124.

316800 DEBRA NIESEN, Attorney, submitting an Order of Court for payment of $3,822.50 attorney fees for court appointed legal representation of indigent respondent(s), Cortez Reed. Case No(s). 09-CR-16084.

316848 LAW OFFICES OF CHICAGO-KENT COLLEGE OF LAW, presented by Daniel T. Coyne, Attorney, submitting an Order of Court for payment of $3,969.62 attorney fees for court appointed legal representation of indigent respondent(s), Rasean Brooks. Case No(s). 10-CR-11867.

CRIMINAL DIVISION CASES APPROVED FISCAL YEAR 2012 TO PRESENT: $346,934.99 CRIMINAL DIVISION CASES TO BE APPROVED: $12,104.62

CHILD PROTECTION DIVISION

316776 STEVEN O. ROSS, Attorney, submitting an Order of Court for payment of $537.50 attorney fees for court appointed legal representation of indigent respondent(s), Linda Gomez, Mother, re: W. Rivera, a minor. Case No(s). 10-JA-477.

316777 PAUL S. KAYMAN, Attorney, submitting an Order of Court for payment of $512.50 attorney fees for court appointed legal representation of indigent respondent(s), Antoine Wright, Father, re: S. Cook, a minor. Case No(s). 09-JA-00454.

316778 SAMUEL N. WARSAWSKY, Attorney, submitting an Order of Court for payment of $600.00 attorney fees for court appointed legal representation of indigent respondent(s), Robert Pendleton, Father, re: the Tigner children, minors. Case No(s). 00-JA-1026, 00- JA-1027, 00-JA-1028 and 00-JA-1029.

316779 SAMUEL N. WARSAWSKY, Attorney, submitting an Order of Court for payment of $375.00 attorney fees for court appointed legal representation of indigent respondent(s), Walter Hicks, Father, re: K. Baldwin, a minor. Case No(s). 10-JA-0058.

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316780 STEVEN SILETS, Attorney, submitting an Order of Court for payment of $425.00 attorney fees for court appointed legal representation of indigent respondent(s), Reginald Thomas, Mother, re: the Thomas children, minors. Case No(s). 04-JA-1342, 04-JA-1343, 04-JA-1344, 06-JA-860, 08-JA-159, 08-JA-1002 and 10-JA-1078.

316781 STEVEN SILETS, Attorney, submitting an Order of Court for payment of $2,200.00 attorney fees for court appointed legal representation of indigent respondent(s), Luis Garcia, Father, re: the Garcia children, minors. Case No(s). 10-JA-610 and 10-JA-614.

316782 PAUL D. KATZ, Attorney, submitting an Order of Court for payment of $450.00 attorney fees for court appointed legal representation of indigent respondent(s), Lunsford Hale, Sr., Father, re: K. Harris, a minor. Case No(s). 94-JA-01078.

316783 STEVEN SILETS, Attorney, submitting an Order of Court for payment of $693.75 attorney fees for court appointed legal representation of indigent respondent(s), Nathaniel Flowers, Father, re: W. Flowers, a minor. Case No(s). 08-JA-252.

316784 EUGENIA MILLER GILLESPIE, Attorney and Guardian ad Litem, submitting an Order of Court for payment of $460.00 attorney fees for court appointed legal representation of indigent respondent(s), the Jones children, minors. Case No(s). 08-CoAD-173.

316785 DEAN C. MORASK, Attorney, submitting an Order of Court for payment of $1,262.50 attorney fees for court appointed legal representation of indigent respondent(s), Jalissa Santiago, Mother, re: M. Gibbs, a minor. Case No(s). 08-JA-643.

316787 EZRA HAMPHILL, Attorney, submitting an Order of Court for payment of $412.50 attorney fees for court appointed legal representation of indigent respondent(s), Antonio Farmer and Roscoe Hollie, Fathers, re: L. Fallon and R. Hollie, minors. Case No(s). 09- JA-1079 and 09-JA-1081.

316788 CHARLES J. ARON, Attorney, submitting an Order of Court for payment of $556.25 attorney fees for court appointed legal representation of indigent respondent(s), Allen Lewis, Father, re: A. Lewis, a minor. Case No(s). 01-JA-2054.

316789 CHARLES J. ARON, Attorney and Guardian ad Litem, submitting an Order of Court for payment of $956.25 attorney fees for court appointed legal representation of indigent respondent(s), D. Parker, a minor. Case No(s). 04-JA-1568.

316790 CHARLES J. ARON, Attorney, submitting an Order of Court for payment of $427.71 attorney fees for court appointed legal representation of indigent respondent(s), Demetrius DeBerry, Father, re: D. DeBerry, a minor. Case No(s). 07-JA-0459.

316791 CHARLES J. ARON, Attorney, submitting an Order of Court for payment of $1,075.00 attorney fees for court appointed legal representation of indigent respondent(s), Darryl Porter, Father, re: A. Henderson, a minor. Case No(s). 09-JA-0337.

316792 CHARLES J. ARON, Attorney and Guardian ad Litem, submitting an Order of Court for payment of $818.75 attorney fees for court appointed legal representation of indigent respondent(s), A. Ellzey, a minor. Case No(s). 11-JA-0331.

316793 CHARLES J. ARON, Attorney, submitting an Order of Court for payment of $1,050.00

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attorney fees for court appointed legal representation of indigent respondent(s), Rex Jordan, Father, re: A. Billups, a minor. Case No(s). 11-JA-0422.

316794 CHARLES J. ARON, Attorney, submitting an Order of Court for payment of $543.75 attorney fees for court appointed legal representation of indigent respondent(s), Deborah Harris, Guardian, re: the Welbourne children, minors. Case No(s). 94-JA-8247 and 96- JA-4281.

316799 STUART JOSHUA HOLT, Attorney, submitting an Order of Court for payment of $818.75 attorney fees for court appointed legal representation of indigent respondent(s), Serenity Hamilton, Mother, re: D. Hamilton, a minor. Case No(s). 09-JA-00813.

316801 PAUL S. KAYMAN, Attorney, submitting an Order of Court for payment of $650.00 attorney fees for court appointed legal representation of indigent respondent(s), Kathleen Moore, Mother, re: K. Newsome, a minor. Case No(s). 07-JA-00266.

316802 DONNA L. RYDER, Attorney, submitting an Order of Court for payment of $515.00 attorney fees for court appointed legal representation of indigent respondent(s), Adebayo Aofolaju, Father, re: the Aofolaju children, minors. Case No(s). 09-JA-540 and 10-JA- 826.

316804 DONNA L. RYDER, Attorney, submitting an Order of Court for payment of $275.00 attorney fees for court appointed legal representation of indigent respondent(s), Llewain Hardin, Father, re: T. Hardin, a minor. Case No(s). 08-JA-115.

316805 PAUL S. KAYMAN, Attorney, submitting an Order of Court for payment of $700.00 attorney fees for court appointed legal representation of indigent respondent(s), Ivette Betancourt, Mother, re: the Wood children, minors. Case No(s). 08-JA-00392 and 08-JA- 00393.

316806 DONNA L. RYDER, Attorney, submitting an Order of Court for payment of $210.00 attorney fees for court appointed legal representation of indigent respondent(s), Tenisha Offord, Mother, re: R. Blackman, a minor. Case No(s). 08-JA-654.

316807 DONNA L. RYDER, Attorney and Guardian ad Litem, submitting an Order of Court for payment of $1,000.00 attorney fees for court appointed legal representation of indigent respondent(s), S. Cannon and T. McKay, minors. Case No(s). 02-JA-1749 and 02-JA- 1750.

316808 PAUL S. KAYMAN, Attorney, submitting an Order of Court for payment of $400.00 attorney fees for court appointed legal representation of indigent respondent(s), Christopher Cungtion, Father, re: J. Powell, a minor. Case No(s). 02-JA-01026.

316809 STEPHEN JAFFE, Attorney, submitting an Order of Court for payment of $475.00 attorney fees for court appointed legal representation of indigent respondent(s), Cynetha Baker, Mother, re: D. Baker, a minor. Case No(s). 98-JA-4300.

316810 PAUL S. KAYMAN, Attorney and Guardian ad Litem, submitting an Order of Court for payment of $850.00 attorney fees for court appointed legal representation of indigent respondent(s), R. Rutherford, a minor. Case No(s). 07-JA-00516.

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316811 STEPHEN JAFFE, Attorney and Guardian ad Litem, submitting an Order of Court for payment of $968.75 attorney fees for court appointed legal representation of indigent respondent(s), T. Wolkow, a minor. Case No(s). 98-JA-1763.

316812 STEPHEN JAFFE, Attorney, submitting an Order of Court for payment of $1,900.00 attorney fees for court appointed legal representation of indigent respondent(s), Roy Killines and Dante Morris, Fathers, re: the Smith children, minors. Case No(s). 07-JA- 038 and 07-JA-039.

316813 PAUL S. KAYMAN, Attorney, submitting an Order of Court for payment of $500.00 attorney fees for court appointed legal representation of indigent respondent(s), Robert and Roena Davis, Parents, re: the Davis children, minors. Case No(s). 02-JA-00251 and 05- JA-00630.

316814 STEPHEN JAFFE, Attorney, submitting an Order of Court for payment of $493.75 attorney fees for court appointed legal representation of indigent respondent(s), Steven Starks, Father, re: S. McCoy, a minor. Case No(s). 00-JA-500.

316816 RICHARD S. GUTOF, Attorney, submitting an Order of Court for payment of $1,137.50 attorney fees for court appointed legal representation of indigent respondent(s), Jeffrey Wood, Father, re: the Wood children, minors. Case No(s). 10-JA-957, 10-JA-958, 10-JA- 959, 10-JA-960, 10-JA-961 and 10-JA-962.

316817 COLLEEN R. DALY, Attorney, submitting an Order of Court for payment of $1,037.50 attorney fees for court appointed legal representation of indigent respondent(s), Jermarcus Jones, Father, re: X. Jones, a minor. Case No(s). 08-JA-669.

316818 ILDIKO J. BODONI, Attorney, submitting an Order of Court for payment of $162.50 attorney fees for court appointed legal representation of indigent respondent(s), Harold Lebeda, Father, re: M. Lebeda, a minor. Case No(s). 09-JA-273.

316819 ILDIKO J. BODONI, Attorney, submitting an Order of Court for payment of $1,362.50 attorney fees for court appointed legal representation of indigent respondent(s), Jimmy Chancellor, Father, re: the Chancellor and Long children, minors. Case No(s). 07-JA- 0311, 07-JA-0312 and 08-JA-987.

316820 ILDIKO J. BODONI, Attorney, submitting an Order of Court for payment of $682.50 attorney fees for court appointed legal representation of indigent respondent(s), Anthony Robinson, Father, re: N. Davis, a minor. Case No(s). 10-JA-683.

316822 ILDIKO J. BODONI, Attorney, submitting an Order of Court for payment of $475.00 attorney fees for court appointed legal representation of indigent respondent(s), Gary Nelson, Father, re: the Clancy and Nelson children, minors. Case No(s). 09-JA-542, 09- JA-543 and 10-JA-359.

316823 ILDIKO J. BODONI, Attorney, submitting an Order of Court for payment of $425.00 attorney fees for court appointed legal representation of indigent respondent(s), Reginald Harris, Father, re: the Richmond children, minors. Case No(s). 09-JA-1110, 09-JA-1111, 09-JA-1112 and 09-JA-1113.

316825 ILDIKO J. BODONI, Attorney and Guardian ad Litem, submitting an Order of Court for

76 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

payment of $815.50 attorney fees for court appointed legal representation of indigent respondent(s), the Bowers children, minors. Case No(s). 04-JA-966 and 04-JA-967.

316826 LAW OFFICE OF ELLEN SIDNEY WEISZ, LTD., presented by Ellen Sidney Weisz, Attorney, submitting an Order of Court for payment of $512.50 attorney fees for court appointed legal representation of indigent respondent(s), Terence Taylor, Father, re: T. Taylor, a minor. Case No(s). 09-JA-1048.

316827 ILDIKO J. BODONI, Attorney and Guardian ad Litem, submitting an Order of Court for payment of $707.50 attorney fees for court appointed legal representation of indigent respondent(s), A. Martinez, a minor. Case No(s). 06-JA-786.

316828 ILDIKO J. BODONI, Attorney, submitting an Order of Court for payment of $1,007.50 attorney fees for court appointed legal representation of indigent respondent(s), Danyell Johnson, Father, re: the Johnson children, minors. Case No(s). 08-JA-0006 and 08-JA- 0007.

316829 LAW OFFICE OF ELLEN SIDNEY WEISZ, LTD., presented by Ellen Sidney Weisz, Attorney, submitting an Order of Court for payment of $650.00 attorney fees for court appointed legal representation of indigent respondent(s), Rosetta Neighbor, Mother, re: the Garcia children, minors. Case No(s). 04-JA-1031 and 04-JA-1032.

316831 ELLEN J. MORRIS, Attorney and Guardian ad Litem, submitting an Order of Court for payment of $762.00 attorney fees for court appointed legal representation of indigent respondent(s), M. Johnson and R. Strickland, minors. Case No(s). 04-JA-681 and 04-JA- 682.

316832 ELLEN J. MORRIS, Attorney, submitting an Order of Court for payment of $606.25 attorney fees for court appointed legal representation of indigent respondent(s), Mark Tillis, Father, re: S. Tillis, a minor. Case No(s). 10-JA-168.

316833 ILDIKO J. BODONI, Attorney, submitting an Order of Court for payment of $455.49 attorney fees for court appointed legal representation of indigent respondent(s), Ricky Carter, Father, re: R. Carter, a minor. Case No(s). 08-JA-00005.

316834 ILDIKO J. BODONI, Attorney, submitting an Order of Court for payment of $4,545.16 attorney fees for court appointed legal representation of indigent respondent(s), Clemmie Calvin, Mother, re: the Romando children, minors. Case No(s). 98-JA-1209 and 03-JA- 421.

316835 ILDIKO J. BODONI, Attorney and Guardian ad Litem, submitting an Order of Court for payment of $1,604.00 attorney fees for court appointed legal representation of indigent respondent(s), A. Sparkman and A. Starks, minors. Case No(s). 08-JA-0600 and 10-JA- 370.

316836 ILDIKO J. BODONI, Attorney, submitting an Order of Court for payment of $1,233.75 attorney fees for court appointed legal representation of indigent respondent(s), Juan Garcia, Father, re: the Garcia children, minors. Case No(s).04-JA-1031 and 04-JA-1032.

316837 ILDIKO J. BODONI, Attorney, submitting an Order of Court for payment of $600.00 attorney fees for court appointed legal representation of indigent respondent(s), Ricardo

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Marchan, Father, re: the Marchan children, minors. Case No(s). 04-JA-1224 and 04-JA- 1225.

316838 STUART JOSHUA HOLT, Attorney, submitting an Order of Court for payment of $1,825.00 attorney fees for court appointed legal representation of indigent respondent(s), William Hudson, Father, re: A. Hudson, a minor. Case No(s). 05-JA-1139.

316839 CHRISTINE S. MARSHALL, Attorney and Guardian ad Litem, submitting an Order of Court for payment of $1,155.00 attorney fees for court appointed legal representation of indigent respondent(s), the Smith children, minors. Case No(s). 07-JA-38, 07-JA-39 and 07-JA-40.

316841 STEVEN SILETS, Attorney, submitting an Order of Court for payment of $668.75 attorney fees for court appointed legal representation of indigent respondent(s), Derrick Gregg, Father, re: K. Buchmeier, a minor. Case No(s). 09-JA-677.

316842 ROBERT A. HORWITZ, Attorney, submitting an Order of Court for payment of $450.00 attorney fees for court appointed legal representation of indigent respondent(s), Sallie Mae Goodman, Custodian, re: N. Goodman, a minor. Case No(s). 11-JA-772.

316843 SAMUEL N. WARSAWSKY, Attorney, submitting an Order of Court for payment of $400.00 attorney fees for court appointed legal representation of indigent respondent(s), Varnie Anderson, Father, re: D. Anderson, a minor. Case No(s). 11-JA-445.

316844 ROBERT A. HORWITZ, Attorney, submitting an Order of Court for payment of $393.75 attorney fees for court appointed legal representation of indigent respondent(s), Keith McKinney, Father, re: the McKinney children, minors. Case No(s). 08-JA-487, 08-JA- 488 and 08-JA-490.

316845 ROBERT A. HORWITZ, Attorney and Guardian ad Litem, submitting an Order of Court for payment of $406.25 attorney fees for court appointed legal representation of indigent respondent(s), O. Jennings, a minor. Case No(s). 04-JA-1551.

316846 SAMUEL N. WARSAWSKY, Attorney, submitting an Order of Court for payment of $378.05 attorney fees for court appointed legal representation of indigent respondent(s), Jessica Rivera, Mother, re: J. Rivera, minors. Case No(s). 09-JA-595.

316847 SAMUEL N. WARSAWSKY, Attorney, submitting an Order of Court for payment of $850.00 attorney fees for court appointed legal representation of indigent respondent(s), Manolo Munoz, Father, re: the Carpenter-Munoz children, minors. Case No(s). 06-JA- 350, 11-JA-00703 and 11-JA-00704.

316849 CRYSTAL B. ASHLEY, Attorney, submitting an Order of Court for payment of $825.00 attorney fees for court appointed legal representation of indigent respondent(s), Jessica Morris, Mother, re: the Middleton, Miller, Morris and Newsome children, minors. Case No(s). 09-JA-97, 09-JA-98, 09-JA-99, 09-JA-100, 09-JA-101, 09-JA-102 and 09-JA-103.

316850 CRYSTAL B. ASHLEY, Attorney, submitting an Order of Court for payment of $912.00 attorney fees for court appointed legal representation of indigent respondent(s), Natasha Lindsey, Mother, re: the Lindsey and Scates children, minors. Case No(s). 08-JA-1130, 08-JA-1131 and 08-JA-1132.

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316851 MICHAEL G. CAWLEY, Attorney, submitting an Order of Court for payment of $287.50 attorney fees for court appointed legal representation of indigent respondent(s), Titus Spears, Father, re: the Jackson children, minors. Case No(s). 08-JA-532 and 08-JA-533.

316852 MICHAEL G. CAWLEY, Attorney and Guardian ad Litem, submitting an Order of Court for payment of $312.50 attorney fees for court appointed legal representation of indigent respondent(s), J. Smith, a minor. Case No(s) 07-JA-356.

316853 MICHAEL G. CAWLEY, Attorney, submitting an Order of Court for payment of $1,375.00 attorney fees for court appointed legal representation of indigent respondent(s), Jan Stanislawczyk, Father, re: the Stanislawczyk children, minors. Case No(s). 10-JA- 1088 and 10-JA-1089.

316854 MICHAEL G. CAWLEY, Attorney, submitting an Order of Court for payment of $350.00 attorney fees for court appointed legal representation of indigent respondent(s), Janetra Christian, Mother, re: the Christian and Latham children, minors. Case No(s). 06-JA-491, 06-JA-492 and 06-JA-493.

316855 THOMAS M. O’CONNELL, Attorney and Guardian ad Litem, submitting an Order of Court for payment of $608.75 attorney fees for court appointed legal representation of indigent respondent(s), D. Williams, a minor. Case No(s). 07-JA-1051.

316856 THOMAS M. O’CONNELL, Attorney, submitting an Order of Court for payment of $1,667.36 attorney fees for court appointed legal representation of indigent respondent(s), Renny Muhammed, Mother, re: A. Muhammed, a minor. Case No(s). 08-JA-919.

316857 THOMAS M. O’CONNELL, Attorney and Guardian ad Litem, submitting an Order of Court for payment of $1,360.00 attorney fees for court appointed legal representation of indigent respondent(s), M. Fletcher and A. Scott, minors. Case No(s). 07-JA-612 and 07- JA-613.

316858 THOMAS M. O’CONNELL, Attorney, submitting an Order of Court for payment of $907.50 attorney fees for court appointed legal representation of indigent respondent(s), Uzziel Hernandez, Father, re: D. Hernandez, a minor. Case No(s). 11-JA-167.

316859 THOMAS M. O’CONNELL, Attorney and Guardian ad Litem, submitting an Order of Court for payment of $1,175.00 attorney fees for court appointed legal representation of indigent respondent(s), Ericka Lloyd, Mother, re: the Harris, Jones and Wakefield children, minors. Case No(s). 10-JA-407, 10-JA-408, 10-JA-409 and 10-JA-1006.

316860 THOMAS M. O’CONNELL, Attorney, submitting an Order of Court for payment of $368.75 attorney fees for court appointed legal representation of indigent respondent(s), Deanna Luciw, Mother, re: the Luciw children, minors. Case No(s). 09-JA-726, 09-JA- 727, 09-JA-728, 09-JA-729 and 09-JA-730.

316861 THOMAS M. O’CONNELL, Attorney, submitting an Order of Court for payment of $712.50 attorney fees for court appointed legal representation of indigent respondent(s), Thomas Blackstone, Father, re: N. Rockman, a minor. Case No(s). 09-JA-917.

316862 THOMAS M. O’CONNELL, Attorney, submitting an Order of Court for payment of

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$322.50 attorney fees for court appointed legal representation of indigent respondent(s), Andrea Johnson, Mother, re: the Jacobs, Johnson and Wynder children, minors. Case No(s). 08-JA-479, 08-JA-480 and 08-JA-481.

316872 DARLENE L. REDMOND, Attorney, submitting an Order of Court for payment of $256.25 attorney fees for court appointed legal representation of indigent respondent(s), Michele Nusko, Mother, re: E. Nusko, a minor. Case No(s). 10-JA-1057.

316873 ELEESHA MADELINE O’NEILL, Attorney and Guardian ad Litem, submitting an Order of Court for payment of $300.00 attorney fees for court appointed legal representation of indigent respondent(s), T. Brooks, a minor. Case No(s). 11-JA-984.

316874 THEODORE J. ADAMS, Attorney, submitting an Order of Court for payment of $460.00 attorney fees for court appointed legal representation of indigent respondent(s), Sandra Miranda, Mother, re: the Alvarez, Cordova, Estrada and Miranda children, minors. Case No(s). 10-JA-775, 10-JA-776, 10-JA-777 and 11-JA-589.

316875 THEODORE J. ADAMS, Attorney, submitting an Order of Court for payment of $895.00 attorney fees for court appointed legal representation of indigent respondent(s), Richard Puryear, Jr., Father, re: the Puryear children, minors. Case No(s). 10-JA-795, 10-JA-796 and 10-JA-797.

316876 THEODORE J. ADAMS, Attorney, submitting an Order of Court for payment of $625.00 attorney fees for court appointed legal representation of indigent respondent(s), Alma Patino, Mother, re: D. Sadygov and A. Shubitidze, minors. Case No(s). 10-JA-967 and 10-JA-968.

316877 LAW OFFICE OF ELLEN SIDNEY WEISZ, LTD., presented by Ellen Sidney Weisz, Attorney, submitting an Order of Court for payment of $537.50 attorney fees for court appointed legal representation of indigent respondent(s), David Konrath, Father, re: the Konrath children, minors. Case No(s). 99-JA-1733, 99-JA-1734 and 99-JA-1736.

316878 LAW OFFICE OF ELLEN SIDNEY WEISZ, LTD., presented by Ellen Sidney Weisz, Attorney, submitting an Order of Court for payment of $506.25 attorney fees for court appointed legal representation of indigent respondent(s), Rosetta Neighbor, Mother, re: the Garcia children, minors. Case No(s). 04-JA-1031 and 04-JA-1032.

316879 LAW OFFICE OF ELLEN SIDNEY WEISZ, LTD., presented by Ellen Sidney Weisz, Attorney and Guardian ad Litem, submitting an Order of Court for payment of $418.75 attorney fees for court appointed legal representation of indigent respondent(s), the Brown, Clinton and Hall children, minors. Case No(s). 08-JA-658, 08-JA-659, 08-JA-660, 08-JA- 661, 08-JA-662 and 08-JA-663.

316881 MICHAEL D. STEVENS, LTD., presented by Michael D. Stevens, Attorney, submitting an Order of Court for payment of $850.00 attorney fees for court appointed legal representation of indigent respondent(s), Theo Chester, Sr., Father, re: T. Chester, a minor. Case No(s). 08-JA-221.

316882 PETER N. RYAN, Attorney, submitting an Order of Court for payment of $1,025.00 attorney fees for court appointed legal representation of indigent respondent(s), Brittany Mott, Mother, re: C. Mott-Boothe, a minor. Case No(s). 07-JA-903.

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316883 PETER N. RYAN, Attorney, submitting an Order of Court for payment of $700.00 attorney fees for court appointed legal representation of indigent respondent(s), Salvador Nunez, Sr., Father, re: the Nunez and Nunez-DeLeon children, minors. Case No(s). 05- JA-351, 05-JA-387 and 05-JA-388.

316884 PETER N. RYAN, Attorney, submitting an Order of Court for payment of $987.50 attorney fees for court appointed legal representation of indigent respondent(s), Jonathan Parnell, Father, re: the Branch and Parnell children, minors. Case No(s). 10-JA-854, 10- JA-855, 10-JA-856, 10-JA-857, 10-JA-858, 10-JA-859, 10-JA-860, 10-JA-861 and 10-JA- 862.

316885 PETER N. RYAN, Attorney, submitting an Order of Court for payment of $1,530.00 attorney fees for court appointed legal representation of indigent respondent(s), Ruthie Luckett, Guardian, re: B. Dorsey, a minor. Case No(s). 02-JA-1036.

316886 PETER N. RYAN, Attorney, submitting an Order of Court for payment of $525.00 attorney fees for court appointed legal representation of indigent respondent(s), Christopher Wright, Father, re: the Langley and Wright children, minors. Case No(s). 07- JA-986, 07-JA-987 and 08-JA-1079.

316887 PETER N. RYAN, Attorney, submitting an Order of Court for payment of $875.00 attorney fees for court appointed legal representation of indigent respondent(s), Romella Woods, Guardian, re: E. Woods, a minor. Case No(s). 02-JA-1089.

316888 PETER N. RYAN, Attorney, submitting an Order of Court for payment of $425.00 attorney fees for court appointed legal representation of indigent respondent(s), Thomas Kelly, Father, re: T. Kelly, a minor. Case No(s). 04-JA-988.

316889 PETER N. RYAN, Attorney, submitting an Order of Court for payment of $550.00 attorney fees for court appointed legal representation of indigent respondent(s), Calvin Mitchell, Father, re: the Mitchell children, minors. Case No(s). 08-JA-777 and 08-JA- 778.

316890 PETER N. RYAN, Attorney and Guardian ad Litem, submitting an Order of Court for payment of $1,462.50 attorney fees for court appointed legal representation of indigent respondent(s), O. Culpepper, a minor. Case No(s). 08-JA-201.

316891 PETER N. RYAN, Attorney, submitting an Order of Court for payment of $1,450.00 attorney fees for court appointed legal representation of indigent respondent(s), Robin Jones-El, Mother, re: D. Meyers, a minor. Case No(s). 09-JA-84.

316892 PETER N. RYAN, Attorney, submitting an Order of Court for payment of $500.00 attorney fees for court appointed legal representation of indigent respondent(s), Kenneth Walls, Father, re: K. Walls, a minor. Case No(s). 97-JA-1157.

316893 PETER N. RYAN, Attorney, submitting an Order of Court for payment of $500.00 attorney fees for court appointed legal representation of indigent respondent(s), Cleveland Cox, Father, re: T. Cox, a minor. Case No(s). 06-JA-361.

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316895 BRIAN M. COLLINS, Attorney, submitting an Order of Court for payment of $765.00 attorney fees for court appointed legal representation of indigent respondent(s), Marc Ruffino, Father, re: A. Ruffino, a minor. Case No(s). 05-JA-2006.

316900 DEAN N. BASTOUNES, Attorney, submitting an Order of Court for payment of $400.00 attorney fees for court appointed legal representation of indigent respondent(s), Melissa Casey, Mother, re: G. Stolzenbach, a minor. Case No(s). 10-JA-00143.

316901 DEAN N. BASTOUNES, Attorney, submitting an Order of Court for payment of $475.00 attorney fees for court appointed legal representation of indigent respondent(s), Laveda Dennis, Mother, re: T. Dennis and L. Rice, minors. Case No(s). 09-JA-00707 and 09-JA- 00709.

316902 DEAN N. BASTOUNES, Attorney, submitting an Order of Court for payment of $250.00 attorney fees for court appointed legal representation of indigent respondent(s), Lucerna Diaz, Mother, re: L. Diaz, a minor. Case No(s). 07-JA-00578.

316903 DEAN N. BASTOUNES, Attorney, submitting an Order of Court for payment of $343.75 attorney fees for court appointed legal representation of indigent respondent(s), Gabriel Nelson, Mother, re: L. Nelson, a minor. Case No(s). 11-JA-00907.

316904 DEAN N. BASTOUNES, Attorney, submitting an Order of Court for payment of $400.00 attorney fees for court appointed legal representation of indigent respondent(s), Maurice Collins, Father, re: E. Collins, a minor. Case No(s). 11-JA-00297.

316905 DEAN N. BASTOUNES, Attorney, submitting an Order of Court for payment of $425.00 attorney fees for court appointed legal representation of indigent respondent(s), Gus Swift, Father, re: the Swift children, minors. Case No(s). 11-JA-00452 and 11-JA-00453.

316906 DARLENE L. REDMOND, Attorney, submitting an Order of Court for payment of $1,012.50 attorney fees for court appointed legal representation of indigent respondent(s), Anna Pritchett, Mother, re: H. House and D. Luckett, minors. Case No(s). 08-JA-381 and 09-JA-1004.

316907 THOMAS M. O’CONNELL, Attorney, submitting an Order of Court for payment of $489.93 attorney fees for court appointed legal representation of indigent respondent(s), April Thomas, Mother, re: S. Medley and J. Thomas, minors. Case No(s). 06-JA-838 and 08-JA-70.

316908 THOMAS M. O’CONNELL, Attorney and Guardian ad Litem, submitting an Order of Court for payment of $650.00 attorney fees for court appointed legal representation of indigent respondent(s), the Redmond children, minors. Case No(s). 05-JA-662 and 05-JA- 663.

316909 THOMAS M. O’CONNELL, Attorney, submitting an Order of Court for payment of $190.59 attorney fees for court appointed legal representation of indigent respondent(s), Adam Mitchell, Father, re: A. Mitchell, a minor. Case No(s). 07-JA-416.

316910 THOMAS M. O’CONNELL, Attorney, submitting an Order of Court for payment of $790.00 attorney fees for court appointed legal representation of indigent respondent(s), Larthel Phillips, Father, re: X. Oglesby and N. Phillips, minors. Case No(s). 09-JA-690

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and 09-JA-691.

316912 THOMAS M. O’CONNELL, Attorney, submitting an Order of Court for payment of $342.50 attorney fees for court appointed legal representation of indigent respondent(s), Donna Johnson, Mother, re: V. Johnson, a minor. Case No(s). 10-JA-707.

316914 MARV RAIDBARD, Attorney and Guardian ad Litem, submitting an Order of Court for payment of $1,012.50 attorney fees for court appointed legal representation of indigent respondent(s), A. Cunningham, a minor. Case No(s). 10-JA-157.

316915 MARV RAIDBARD, Attorney, submitting an Order of Court for payment of $450.00 attorney fees for court appointed legal representation of indigent respondent(s), Mary Womack, Mother, re: the Jones and Womack children, minors. Case No(s). 08-JA-820 and 09-JA-703.

316916 MARILYN L. BURNS, Attorney, submitting an Order of Court for payment of $612.50 attorney fees for court appointed legal representation of indigent respondent(s), John Middleton, Father, re: the Middleton and Morris children, minors. Case No(s). 09-JA-98, 09-JA-100, 09-JA-101, 09-JA-103 and 10-JA-179.

316917 MARILYN L. BURNS, Attorney, submitting an Order of Court for payment of $375.00 attorney fees for court appointed legal representation of indigent respondent(s), Sergio Gutierrez, Father, re: the Gutierrez children, minors. Case No(s). 05-JA-1218 and 05-JA- 1219.

316918 MARILYN L. BURNS, Attorney, submitting an Order of Court for payment of $225.00 attorney fees for court appointed legal representation of indigent respondent(s), Lisa Hannun, Guardian, re: G. Galan, a minor. Case No(s). 09-JA-1150.

316919 MARILYN L. BURNS, Attorney, submitting an Order of Court for payment of $175.00 attorney fees for court appointed legal representation of indigent respondent(s), Andrew Lee, Father, re: the Williams children, minors. Case No(s). 95-JA-4781 and 95-JA-4782.

316920 MARILYN L. BURNS, Attorney, submitting an Order of Court for payment of $425.00 attorney fees for court appointed legal representation of indigent respondent(s), Erikka Gage, Mother, re: J. Clinton, a minor. Case No(s). 10-JA-90.

316921 PAUL D. KATZ, Attorney, submitting an Order of Court for payment of $550.00 attorney fees for court appointed legal representation of indigent respondent(s), Tekella Funches, Mother, re: M. Funches, a minor. Case No(s). 10-JA-00725.

316922 PAUL D. KATZ, Attorney and Guardian ad Litem, submitting an Order of Court for payment of $1,481.25 attorney fees for court appointed legal representation of indigent respondent(s), D. Washington, a minor. Case No(s). 09-JA-00217.

316934 MARV RAIDBARD, Attorney, submitting an Order of Court for payment of $525.00 attorney fees for court appointed legal representation of indigent respondent(s), LaVince McDowell, II, Father, re: the McDowell child, a minor. Case No(s). 10-JA-65.

CHILD PROTECTION CASES APPROVED FISCAL YEAR 2012 TO PRESENT: $638,013.39 CHILD PROTECTION CASES TO BE APPROVED: $87,350.29

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JUVENILE JUSTICE DIVISION

316803 PAUL S. KAYMAN, Attorney, submitting an Order of Court for payment of $1,625.00 attorney fees for court appointed legal representation of indigent respondent(s), Nichelle Williams, Mother, re: E. Ricks, a minor. Case No(s). 08-JD-2095, 11-JD-562, 11-JD- 2319, 11-JD-3658, 11-JD-3888 and 11-JD-4037.

316894 MATTHEW A. INGRAM, Attorney, submitting an Order of Court for payment of $718.75 attorney fees for court appointed legal representation of indigent respondent(s), D. Pedraza, a minor. Case No(s). 11-JD-60326.

JUVENILE JUSTICE CASES APPROVED FISCAL YEAR 2012 TO PRESENT: $61,431.86 JUVENILE JUSTICE CASES TO BE APPROVED: $2,343.75

SPECIAL COURT CASE

316863 QUERREY & HARROW, LTD., Daniel F. Gallagher, Paul O’Grady, Larry S. Kowalczyk and Patrick G. Connelly, Special State's Attorneys, presented by the Office of the State's Attorney, submitting an Order of Court for payment of $17,947.62 attorney fees and expenses regarding United States of America v. Cook County, et al., Case No. 10-C-2946 (Petition for Appointment of Special State’s Attorney, Case No. 10-CH-25533), for the period of December 1-20, 2011. To date $326,149.92 has been paid. This invoice was approved by the Litigation Subcommittee at its meeting of January 19, 2012. Please forward the check to Patrick T. Driscoll, Jr., Deputy State's Attorney, Chief, Civil Actions Bureau, for transmittal.

SPECIAL COURT CASES APPROVED FISCAL YEAR 2012 TO PRESENT: $1,286,213.48 SPECIAL COURT CASE TO BE APPROVED: $17,947.62

COMMISSIONER SILVESTRI, SECONDED BY COMMISSIONER MURPHY, MOVED APPROVAL OF THE COURT ORDERS. THE MOTION CARRIED.

SECTION 2

Your Committee has considered the following numbered and described bills and recommends that they be, and upon the adoption of this report, approved and that the County Comptroller and County Treasurer are authorized and directed to issue checks to said claimants in the amounts recommended.

316786 PUBLIC BUILDING COMMISSION OF CHICAGO, Chicago, Illinois, submitting invoice totaling $1,123,615.00, part payment for operating expenses for the Richard J. Daley Center, for the month of January 2012 (499-470 Account). Approved by County Board February 26, 2011.

316795 DIVANE BROTHERS ELECTRIC COMPANY, Franklin Park, Illinois, submitting invoice totaling $169,478.00, 13th and final payment for Contract No. 06-53-353 Rebid/Revised, for countywide telecommunication wiring installation, Phase 3 at the Department of Corrections Campus for the Office of Capital Planning and Policy, for the period ending December 31, 2010. Bond Issue (20000 Account). (See Comm. No.

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313819). Purchase Order No. 158550, approved by County Board July 31, 2007, July 22, 2008, February 18, 2009, July 21, 2009 and May 4, 2010.

316796 APPRISS, INC., Louisville, Kentucky, submitting invoice totaling $262,000.00, full payment for Contract No. 08-41-377, for maintenance and support services of the Automated Victim Information and Notification system (VINE) for the Bureau of Technology, Office of the Chief Information Officer, for the period of August 1, 2011 through July 31, 2012 (009-260 Account). Purchase Order No. 179198, approved by County Board October 4, 2011.

316797 LAKE COUNTY PRESS, INC., Waukegan, Illinois, submitting invoice totaling $187,324.00, part payment for Contract No. 11-83-001, for optical scan ballot printing services for the March 20, 2012 Primary Election for County Clerk’s Office, Election Division (524-240 Account). Purchase Order No. 179570, approved by County Board January 18, 2012.

316815 CISCO SYSTEMS, INC., Chicago, Illinois, submitting invoice totaling $163,948.20, part payment for Contract No. 09-41-77, for county-wide area networking equipment (for the Sheriff’s jail campus communications infrastructure build-out to comply with the Duran Consent Decree) for the Bureau of Technology (717/009-570 Account). (See Comm. No. 304004). Purchase Order No. 168235, approved by County Board November 19, 2008 and July 21, 2009.

316821 AT&T CORPORATION, Chicago Heights, Illinois, submitting invoice totaling $691,119.05, part payment for Contract No. 10-41-35, for Integrated Services Digital Network (ISDN) T1 circuits, long distance usage and local calling usage for IT Solutions and Services, for the month of December 2011 (490/499-220 Account). (See Comm. No. 316338). Purchase Order No. 176982, approved by County Board March 16, 2010 and May 18, 2010.

316824 FHP TECTONICS CORPORATION, Chicago, Illinois, submitting invoice totaling $463,938.36, 1st part payment for Contract No. 11-28-159, for construction services for Stroger Hospital of Cook County Parking Lot Resurfacing Project for the Office of Capital Planning and Policy, for the month of December 2011. Bond Issue (28000 Account). Purchase Order No. 178835, approved by County Board September 7, 2011.

316830 WRIGHT EXPRESS FINANCIAL SERVICES CORPORATION, Carol Stream, Illinois, submitting invoice totaling $331,597.68, part payment for Contract No. 09-41-249, for the County’s participation in the State of Illinois contract for motor fuel card purchases submitted by the Sheriff’s Office, for the month of January 2012 (211-445 Account). (See Comm. No. 316511). Purchase Order No. 178569, approved by County Board July 21, 2009 and June 14, 2011.

316840 AT&T CORPORATION, Chicago Heights, Illinois, submitting six (6) invoices totaling $387,535.04, part payment for Contract No. 10-41-35, for Integrated Services Digital Network (ISDN) T1 circuits, long distance usage and local calling usage for Bureau of Technology, for the months of September through November 2011 and January through February 2012 (490/499-220 Account). (See Comm. No. 315581). Purchase Order No. 176983, approved by County Board March 16, 2010 and May 18, 2010.

316871 NORTHWESTERN UNIVERSITY, Evanston, Illinois, submitting four (4) invoices

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totaling $559,049.88, part payment for Contract No. 10-41-14, to operate the Circuit Court of Cook County’s Juvenile Court Clinic for the Juvenile Probation and Court Services Department, for the months of July through October 2011 (326-260 Account). (See Comm. No. 315684). Purchase Order No. 177386, approved by County Board November 18, 2009.

316880 MCGLADREY & PULLEN, LLP, Chicago, Illinois, submitting invoice totaling $200,000.00, part payment for Contract No. 11-88-031, for professional auditing services for the Office of the Chief Financial Officer for the Bureau of Finance, for work on the Fiscal Year 2011 Annual Financial Report (490-265 Account). Purchase Order No. 179707, approved by County Board December 19, 2011.

COMMISSIONER GOSLIN, SECONDED BY COMMISSIONER SILVESTRI, MOVED APPROVAL OF THE BILLS AND CLAIMS. THE MOTION CARRIED.

SECTION 3

Your Committee has considered the following communications from State's Attorney, Anita Alvarez with reference to the workers' compensation claims hereinafter mentioned.

Your Committee, therefore, recommends that the County Comptroller and County Treasurer be, and by the adoption of this report, are authorized and directed to issue checks to the Workers' Compensation Commission to be paid from the Workmen's Compensation Fund.

316923 RONALD LITVIAK, in the course of his employment as a Painter for the Department of Facilities Management sustained accidental injuries on November 21, 2009. The Petitioner fell from a scaffold, and as a result he injured his scapula and wrist (fractured right scapula bone in back of the shoulder and right carpal tunnel surgery and right wrist scaphoid nonunion fracture). Prior/pending claims: none. State's Attorney, Anita Alvarez, is submitting Workers' Compensation Commission Lump Sum Petition and Order No. 10- WC-01729 in the amount of $51,681.98 and recommends its payment. (Finance Subcommittee January 18, 2012). Attorney: Amylee Hogan Simonovich, Law Firm of James M. Ridge & Associates, P.C.

316924 JUAN M. MOTA, in the course of his employment as a Food Service Worker for Stroger Hospital of Cook County sustained accidental injuries on July 23, 2007. The Petitioner slipped on water and fell, and as a result he injured his rib (fracture of the twelfth rib on the right side). Prior/pending claims: none. State's Attorney, Anita Alvarez, is submitting Workers' Compensation Commission Lump Sum Petition and Order No. 07-WC-34641 in the amount of $2,400.00 and recommends its payment. This settlement is within the grant of authority conveyed by the Cook County Board of Commissioners to the State's Attorney's Office. Attorney: James P. Toomey, The Vrdolyak Law Group, LLC.

316925 DAWN ORTIZ, in the course of her employment as a Correctional Officer for the Department of Corrections sustained accidental injuries on January 8, 2008. The Petitioner’s arm was slammed in a door, and as a result she injured her arm (blunt trauma to the right forearm). Prior/pending claims: none. State's Attorney, Anita Alvarez, is submitting Workers' Compensation Commission Lump Sum Petition and Order No. 08- WC-05254 in the amount of $3,132.64 and recommends its payment. This settlement is within the grant of authority conveyed by the Cook County Board of Commissioners to the

86 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

State's Attorney's Office. Attorney: Daron Romanek, Law Firm of Romanek & Romanek.

316926 DONALD WILLIAMS, in the course of his employment as a Custodian for the Juvenile Temporary Detention Center sustained accidental injuries on February 27, 2007. While emptying a garbage dumpster, the Petitioner fell into the garbage compactor, and as a result he injured his arm, shoulder, back and leg (thoracic tissue injury with bilateral peraspinal muscle spasms; lumbo-sacral muscle injury with sciatica and left shoulder soft tissue injury). Prior/pending claims: none. State's Attorney, Anita Alvarez, is submitting Workers' Compensation Commission Lump Sum Petition and Order No(s). 07-WC-56503 and 07-WC-29719 (duplicate) in the amount of $2,774.15 and recommends its payment. This settlement is within the grant of authority conveyed by the Cook County Board of Commissioners to the State's Attorney's Office. Attorney: Andrew P. Domin, Santilli Law Group.

316927 ENELDA CANAHUI, in the course of her employment as a Respiratory Therapist for Stroger Hospital of Cook County sustained accidental injuries on July 10, 2009 and January 26, 2011. The July 10, 2009 accident occurred when the Petitioner slipped on a piece of plastic tubing and fell, and as a result she injured her ankle (right ankle sprain). The January 26, 2011 accident occurred when the Petitioner slipped on a wet floor and fell, and as a result she injured her lower torso (lumbar sprain). Prior/pending claims not listed here: none. State's Attorney, Anita Alvarez, is submitting Workers' Compensation Commission Lump Sum Petition and Order Nos. 09-WC-33486 and 11-WC-34435 in the amount of $12,574.54 and recommends its payment. This settlement is within the grant of authority conveyed by the Cook County Board of Commissioners to the State's Attorney's Office. Attorney: Perry M. Laks, Law Offices of Perry M. Laks.

316928 JOHN GORMAN, in the course of his employment as a Deputy Sheriff for the Sheriff’s Court Services Division sustained accidental injuries on December 23, 2005. The Petitioner slipped on ice, and as a result he injured his ankle (acute left ankle sprain). Prior/pending claims: none. State's Attorney, Anita Alvarez, is submitting Workers' Compensation Commission Lump Sum Petition and Order No. 06-WC-05123 in the amount of $2,495.91 and recommends its payment. This settlement is within the grant of authority conveyed by the Cook County Board of Commissioners to the State's Attorney's Office. Attorney: Lee J. Vasilatos, Law Firm of Vasilatos & Cotter, LLC.

316929 NIKITA JOHNSON, in the course of his employment as an Investigator for the Sheriff’s Electronic Monitoring Unit sustained accidental injuries on May 23, 2008. The Petitioner’s squad car was struck by a motor vehicle, and as a result he injured his knees (internal derangement of the left and right knees). Prior/pending claims: none. State's Attorney, Anita Alvarez, is submitting Workers' Compensation Commission Lump Sum Petition and Order No. 08-WC-25147 in the amount of $9,542.25 and recommends its payment. This settlement is within the grant of authority conveyed by the Cook County Board of Commissioners to the State's Attorney's Office. Attorney: Patrick J. Ryan, Law Firm of Cohn, Lambert, Ryan & Schneider, Ltd.

316930 MEGAN D. KELLY, in the course of her employment as a Deputy Sheriff for the Sheriff’s Court Services Division sustained accidental injuries on April 27, 2010. The accident occurred while the Petitioner was restraining three combative inmates, and as a result she injured her back, shoulder and knee (cervical and thoracic soft tissue injury, left shoulder and right knee muscle injuries). Prior/pending claims: none. State's Attorney, Anita Alvarez, is submitting Workers' Compensation Commission Lump Sum Petition and Order

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No. 10-WC-17359 in the amount of $7,500.00 and recommends its payment. This settlement is within the grant of authority conveyed by the Cook County Board of Commissioners to the State's Attorney's Office. Attorney: Adam Hinrichs, Law Firm of Elfenbaum, Evers & Amarilio, P.C.

316931 ARTHUR LANG, in the course of his employment as a Correctional Officer for the Department of Corrections, sustained accidental injuries on May 15, 2009. The Petitioner slipped on water, and as a result he injured his knee (chondromalacia of the left knee; thrombolic lesion in the left anterior descending to the coronary artery causing myocardiac infraction). Prior/pending claims: one (1) prior. Following a trial, the Arbitrator found that the Petitioner’s injury arose out of and in the course of his employment. As a result, on January 12, 2012, the Arbitrator awarded the Petitioner $102,200.70. State's Attorney, Anita Alvarez, is submitting Workers' Compensation Commission Decision of Arbitrator, Award No. 09-WC-21893 in the amount of $102,200.70 and recommends its payment. (Finance Subcommittee March 1, 2012). Attorney: Mitchell Lipkin, Law Firm of Lipkin & Higgins.

316933 ALICE RAJ, in the course of her employment as a Clerk Typist for the Public Defender’s Office, sustained accidental injuries on June 4, 2008. The Petitioner slipped on water and fell, and as a result she injured her wrist and face (displaced intraarticular left distal radius fracture). Prior/pending claims: none. Following a trial, the Arbitrator found that the Petitioner’s injury arose out of and in the course of her employment. As a result, on November 29, 2011, the Arbitrator awarded the Petitioner $43,807.27. State's Attorney, Anita Alvarez, is submitting Workers' Compensation Commission Decision of Arbitrator, Award No. 08-WC-26890 in the amount of $43,807.27 and recommends its payment. (Finance Subcommittee February 1, 2012). Attorney: Francis J. Discipio, Law Offices of Francis J. Discipio, Ltd.

WORKERS' COMPENSATION CLAIMS APPROVED FISCAL YEAR 2012 TO PRESENT: $1,307,753.15 WORKERS' COMPENSATION CLAIMS TO BE APPROVED: $238,109.44

COMMISSIONER SCHNEIDER, SECONDED BY COMMISSIONER TOBOLSKI, MOVED APPROVAL OF THE WORKERS' COMPENSATION CLAIMS. THE MOTION CARRIED.

SECTION 4

Your Committee has considered the following communications from the Cook County Department of Risk Management requesting the County Board to authorize subrogation recoveries.

Your Committee, concurring in the requests of the Cook County Department of Risk Management recommends the authorization of subrogation recoveries be granted.

316896 DEPARTMENT OF RISK MANAGEMENT, submitting for approval Subrogation Recovery of $469.00. Claim No. 20050531, Highway Department.

Responsible Party: Raincoat Roofing Systems (Owner), Roberto Espino (Driver), 1750 West Parkes Drive, Broadview, Illinois 60153 Damage to: Highway Department vehicle Our Driver: Terry Matthews, Plate #M170820

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Date of Accident: June 22, 2011 Location: 25th Avenue near Roosevelt Road, Broadview, Illinois 60153 (500-444 Account)

316897 DEPARTMENT OF RISK MANAGEMENT, submitting for approval Subrogation Recovery of $1,100.83. Claim No. 20050537, State’s Attorney’s Office.

Responsible Party: Alfonso Villasenor (Owner), Noel Villasenor (Driver), 15527 Keating Avenue, Oak Forest, Illinois 60452 Damage to: State’s Attorney’s Office vehicle Our Driver: Mark Ertler, Unit #0341 Date of Accident: July 11, 2011 Location: 2730 South California Avenue, Chicago, Illinois (250-444 Account)

SUBROGATION RECOVERIES APPROVED FISCAL YEAR 2012 TO PRESENT: $19,808.19 SUBROGATION RECOVERIES TO BE APPROVED: $1,569.83

COMMISSIONER SILVESTRI, SECONDED BY COMMISSIONER STEELE, MOVED APPROVAL OF THE SUBROGATION RECOVERIES. THE MOTION CARRIED.

SECTION 5

Your Committee has considered the following communications from the Cook County Department of Risk Management requesting that the County Board authorize payment of said claims.

Your Committee, concurring in the requests of the Cook County Department of Risk Management, recommends that the County Comptroller and County Treasurer be, and by the adoption of this report, authorized and directed to issue checks to claimants in the amounts recommended.

316898 DEPARTMENT OF RISK MANAGEMENT, submitting for approval Self-Insurance Program Settlement Claim payment of $5,931.01. Claim No. 97009244, Sheriff’s Police Department.

Claimant: RTW, Inc. a/s/o Gregory Little, c/o Mark Daniels, SA/RTW 15, P.O. Box 390327, Minneapolis, Minnesota 55439 Bodily Injury: Low back and neck pain Our Driver: Sean Cammack, Unit #4805 Prior Accident(s): 0 Date of Accident: February 28, 2011 Location: Route 53 and Taylor Road, Romeoville, Illinois

Sheriff’s Police Department vehicle was traveling on Route 53 and Taylor Road in Romeoville and failed to stop, striking the rear of the vehicle in which Claimant was a passenger. The Claimant suffered low back and neck pains from the collision (542-846 Account). Investigated by Cannon Cochran Management Services, Inc. We concur and recommend payment of the above charge. (See also Comm. No. 316899).

316899 DEPARTMENT OF RISK MANAGEMENT, submitting for approval Self-Insurance Program Settlement Claim payment of $6,420.45. Claim No. 97009239, Sheriff’s Police

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Department.

Claimant: RTW, Inc. a/s/o Sean M. Audy, c/o Mark Daniels, SA/RTW 15, P.O. Box 390327, Minneapolis, Minnesota 55439 Bodily Injury: Lumbar and cervical back strain Date of Accident: February 28, 2011 Location: Route 53 and Taylor Road, Romeoville, Illinois

Sheriff’s Police Department vehicle was traveling on Route 53 and Taylor Road in Romeoville and failed to stop, striking the rear of Claimant’s vehicle. The Claimant suffered lumbar and cervical back strain (542-846 Account). Investigated by Cannon Cochran Management Services, Inc. We concur and recommend payment of the above charge. (See also Comm. No. 316898).

316911 DEPARTMENT OF RISK MANAGEMENT, submitting for approval Self-Insurance Program Settlement Claim payment of $500.00. Claim No. 97009037, Highway Department.

Claimant: Timothy Dunlap and Doug Petrovic, Attorney, James M. Ridge and Associates, 101 North Wacker Drive, Suite #200, Chicago, Illinois 60606 Claimant's Vehicle: 2007 GMC Yukon Date of Accident: May 13, 2011 Location: Glenwood-Lansing Road near the Illinois State Line, Lansing, Illinois

Highway Department vehicle was sweeping all lanes and left some stones and other debris causing traffic to kick up debris. Claimant’s vehicle suffered damage to the front bumper, grill, lamps, hood, fender, windshield, rear door, roof and front door (542-846 Account) Investigated by Cannon Cochran Management Services, Inc. We concur and recommend payment of the above charge.

SELF-INSURANCE CLAIMS APPROVED FISCAL YEAR 2012 TO PRESENT: $20,019.40 SELF-INSURANCE CLAIMS TO BE APPROVED: $12,851.46

COMMISSIONER SILVESTRI, SECONDED BY COMMISSIONER STEELE, MOVED APPROVAL OF THE SELF-INSURANCE PROGRAM SETTLEMENT CLAIMS. THE MOTION CARRIED.

SECTION 6

Your Committee has considered the following communications from State's Attorney, Anita Alvarez.

Your Committee, concurring in the recommendations of the State's Attorney, recommends that the County Comptroller and County Treasurer prepare checks in the amounts recommended in order that the payments may be set in accordance with the request of the State's Attorney upon proper release from the Office of the State's Attorney.

316864 STATE'S ATTORNEY, Anita Alvarez, submitting communication advising the County to accept Proposed Settlement of $15,000.00 for the release and settlement of suit regarding Brooks v. Cook County, et al., Case Nos. 09-CV-1067, 09-CV-6557and 09-CV-6622.

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These matters involve alleged civil rights violations and state tort claims. These matters have been settled for the sum of $15,000.00, which is within the grant of authority conveyed by the Cook County Board of Commissioners to the State's Attorney's Office. State's Attorney recommends payment of $15,000.00, made payable to Freddie Brooks and Chicago Lawyers’ Committee for Civil Rights Under Law, Inc., his attorneys. Please forward the check to R. Seth Shippee, Assistant State’s Attorney, Torts & Civil Rights Unit, for transmittal.

316865 STATE'S ATTORNEY, Anita Alvarez, submitting communication advising the County to accept Proposed Settlement of $10,000.00 for the release and settlement of suit regarding EPA Permit Violation at Oak Forest Hospital of Cook County, Case No. 11-323. This matter involves the failure to timely file two (2) EPA permits at Oak Forest Hospital of Cook County. The matter has been settled for the sum of $10,000.00, which is within the grant of authority conveyed by the Cook County Board of Commissioners to the State's Attorney's Office. State's Attorney recommends payment of $10,000.00, made payable to Environmental Protection Trust Fund. Please forward the draft to the undersigned for transmittal to the EPA. Please forward the check to Sarah Cunningham, Assistant State’s Attorney, for transmittal.

316866 STATE'S ATTORNEY, Anita Alvarez, submitting communication advising the County to accept Proposed Settlement of $10,000.00 for the release and settlement of suit regarding Tony Love v. Thomas Dart, et al., Case No. 09-C-4612. This matter involves allegations of a civil rights violation at the Jail. The matter has been settled for the sum of $10,000.00, which is within the grant of authority conveyed by the Cook County Board of Commissioners to the State's Attorney's Office. State's Attorney recommends payment of $10,000.00, made payable to Tony Love. Please forward the check to Lilianna M. Kalin, Assistant State’s Attorney, for transmittal.

316867 STATE'S ATTORNEY, Anita Alvarez, submitting communication advising the County to accept Proposed Settlement of $5,850.00 for the release and settlement of suit regarding James Jackson v. Ousley, et al., Case No. 10-C-2619. This matter involves an allegation of a civil rights violation at the Jail. The matter has been settled for the sum of $5,850.00, which is within the grant of authority conveyed by the Cook County Board of Commissioners to the State's Attorney's Office. State's Attorney recommends payment of $5,850.00, made payable to Seyfarth Shaw, LLP. Please forward the check to Jill V. Ferrara, Assistant State’s Attorney, for transmittal.

316868 STATE'S ATTORNEY, Anita Alvarez, submitting communication advising the County to accept Proposed Settlement of $6,000.00 for the release and settlement of suit regarding Ian McKoy v. Santoyo, et al., Case No. 10-L-14521. This matter involves alleged injuries sustained in a motor vehicle accident. The matter has been settled for the sum of $6,000.00, which is within the grant of authority conveyed by the Cook County Board of Commissioners to the State's Attorney's Office. State's Attorney recommends payment of $6,000.00, made payable to Ian McKoy, Hausmann-McNally, S.C., Preferred Open MRI Comm. Chiropractic Cl. and Sayre Health Servs. Please forward the check to Jill V. Ferrara, Assistant State’s Attorney, for transmittal.

316869 STATE'S ATTORNEY, Anita Alvarez, submitting communication advising the County to accept Proposed Settlement of $360.00 for the release and settlement of suit regarding Aaron B. Clarke v. Cook County Department of Corrections, Case No. 11-M1-17084. This matter involves an allegation of lost property at the Jail. The matter has been settled

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for the sum of $360.00, which is within the grant of authority conveyed by the Cook County Board of Commissioners to the State's Attorney's Office. State's Attorney recommends payment of $360.00, made payable to Aaron B. Clarke. Please forward the check to Colleen Cavanaugh, Assistant State’s Attorney, for transmittal.

316870 STATE'S ATTORNEY, Anita Alvarez, submitting communication advising the County to accept Proposed Settlement of $100.00 for the release and settlement of suit regarding Oscar Vides v. Cook County Sheriff, Case No. 11-M1-16739. This matter involves Plaintiff’s allegation of lost property after being released from the Department of Corrections. The matter has been settled for the sum of $100.00, which is within the grant of authority conveyed by the Cook County Board of Commissioners to the State's Attorney's Office. State's Attorney recommends payment of $100.00, made payable to Oscar Vides. Please forward the check to Patrick S. Smith, Deputy Supervisor, for transmittal.

PROPOSED SETTLEMENTS APPROVED FISCAL YEAR 2012 TO PRESENT: $931,367.69 PROPOSED SETTLEMENTS TO BE APPROVED: $47,310.00

COMMISSIONER SILVESTRI, SECONDED BY COMMISSIONER STEELE, MOVED APPROVAL OF THE PROPOSED SETTLEMENTS. THE MOTION CARRIED.

SECTION 7

Your Committee has considered the following communications from the Cook County Department of Risk Management requesting that the County Board authorize payment of said claims.

Your Committee concurring in the requests of the Cook County Department of Risk Management, recommends that the County Comptroller and County Treasurer be, and by the adoption of this report, are authorized and directed to issue checks to claimants in the amounts recommended.

316913 PATIENT/ARRESTEE SETTLEMENT PROGRAM CLAIMS. The Department of Risk Management is submitting invoices totaling $88,330.15, for payment of medical bills for services rendered to patients while in the custody of the Cook County Sheriff's Office. Their services were rendered under the Patient/Arrestee Settlement Program (499-274 Account). Bills were approved for payment after an audit by Cambridge Integrated Services Group or the Illinois Department of Healthcare and Family Services, and by the Department of Risk Management, who recommends payment based on Cook County State's Attorney's Legal Opinion No. 1879, dated July 14, 1987. Individual checks will be issued by the Comptroller in accordance with the attached report prepared by the Department of Risk Management.

YEAR TO DATE TO BE APPROVED TOTAL BILLED $612,471.43 $722,855.63 UNRELATED $55,989.13 $0.00 IDHFS DISCOUNT $418,879.57 $634,525.48 PROVIDER DISCOUNT $33,769.35 $0.00 AMOUNT PAYABLE $103,833.38 $88,330.15

COMMISSIONER SILVESTRI, SECONDED BY COMMISSIONER STEELE, MOVED APPROVAL OF THE PATIENT/ARRESTEE CLAIMS. THE MOTION CARRIED.

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SECTION 8

Your Committee has considered the following communications received from the Employees' Injury Compensation Committee requesting that the County Board authorize payment of expenses regarding claims of Cook County employees injured while in the line of duty.

Your Committee, concurring in said request(s), recommends that the County Comptroller and County Treasurer be, and upon the adoption of this report, are authorized and directed to issue checks in the amounts recommended to the claimants.

316932 THE EMPLOYEE'S INJURY COMPENSATION COMMITTEE, submitting invoice totaling $560,689.86, for payment of medical bills for Workers' Compensation cases incurred by employees injured on duty. Individual checks will be issued by the Comptroller in accordance with the attached report prepared by the Department of Risk Management, Workers' Compensation Unit. This request covers bills received and processed from February 16 through March 1, 2012.

EMPLOYEES' INJURY COMPENSATION CLAIMS APPROVED FISCAL YEAR 2012 TO PRESENT: $2,161,848.48 EMPLOYEES' INJURY COMPENSATION CLAIMS TO BE APPROVED: $560,689.86

COMMISSIONER SILVESTRI, SECONDED BY COMMISSIONER STEELE, MOVED APPROVAL OF THE EMPLOYEES' INJURY COMPENSATION CLAIMS. THE MOTION CARRIED.

CHAIRMAN DALEY VOTED PRESENT ON THE CLAIMS REGARDING THOREK HOSPITAL AND MERCY HOSPITAL.

SECTION 9

Your Committee has considered the following items and upon adoption of this report, the recommendations are as follows:

316285 REGARDING THE CLOSURE OF BOND COURTS AND OTHER SERVICES AT SUBURBAN COURTHOUSES ON WEEKENDS (PROPOSED RESOLUTION). Submitting a Proposed Resolution sponsored by Peter N. Silvestri, County Commissioner; Co-sponsored by John P. Daley, Timothy O. Schneider, Larry Suffredin, Jerry Butler, Gregg Goslin, Joan Patricia Murphy, Edwin Reyes, Deborah Sims, Robert B. Steele and Jeffrey R. Tobolski, County Commissioners.

PROPOSED RESOLUTION

RESOLUTION REGARDING THE CLOSURE OF BOND COURTS AND OTHER SERVICES AT SUBURBAN COURTHOUSES ON WEEKENDS

WHEREAS, due to budget considerations the suburban courthouses at Rolling Meadows, Skokie, Maywood, Bridgeview and Markham will be closed on weekends; and

93 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

WHEREAS, these closures are scheduled over a period of time, beginning with the closure of the Bridgeview courthouse; and

WHEREAS, these closures are now estimated to save $1.9 million in county expenditures; and

WHEREAS, these closures will compel the 128 suburban municipalities to transport all detainees to the Criminal Courts Building on the near southwest side of Chicago, requiring such communities to reduce the number of police officers on suburban streets or add overtime costs to such cash strapped communities; and

WHEREAS, these closures will most affect the suburban municipalities in greatest need of public safety services.

NOW, THEREFORE, BE IT RESOLVED, that the President and Board of Commissioners are requesting the Office of the Chief Judge to review these possible solutions to providing court services on the weekends in suburban areas:

1) The opening of some courthouses on weekends, geographically, including one in the southern areas (Bridgeview or Markham), one in the central area (Maywood), and one in the northern areas (Rolling Meadows or Skokie);

2) The opening of the central courthouse (Maywood) only;

3) The alternate opening of one courthouse in each area on alternate weekends;

4) The opening of such courthouses for bond court only, without adding the other suburban courthouse services; and

BE IT FURTHER RESOLVED, that the President and Board of Commissioners direct that such report be submitted on or before March 1, 2012, and that no additional courthouses be closed on weekends until completion of this review; and

BE IT FURTHER RESOLVED, that the Office of the Chief Judge, in cooperation with the financial offices of the county, prepare a financial impact of any options presented and prepare contingency plans to address any budgetary changes needed to fund such weekend court services as proposed by the Office of the Chief Judge as part of the report requested herein.

*Referred to the Committee on Finance on 1-18-2012. **Deferred on 2-1-12 to the Finance Committee Meeting of 2-15-12. *** Deferred on 2-15-12 to the Finance Committee Meeting of 3-1-12.

COMMISSIONER SILVESTRI, SECONDED BY COMMISSIONER MURPHY, MOVED TO DEFER CONSIDERATION OF COMMUNICATION NO. 316285. THE MOTION CARRIED AND COMMUNICATION NO. 316285 WAS DEFERRED.

316481 AN AMENDMENT TO CHAPTER 38 HEALTH AND HUMAN SERVICES, ARTICLE VI, MEDICAL EXAMINER, SECTION 38-112 (PROPOSED ORDINANCE AMENDMENT). Submitting a Proposed Ordinance Amendment sponsored by John A. Fritchey, County Commissioner; Co-sponsored by Jeffrey R. Tobolski and Edwin Reyes, County Commissioners.

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PROPOSED ORDINANCE AMENDMENT

MEDICAL EXAMINER

BE IT ORDAINED, by the Cook County Board of Commissioners that Chapter 38 Health and Human Services, Article VI Medical Examiner, Section 38-112 of the Cook County Code is hereby amended as follows:

Sec. 38-112. Qualifications and appointment.

(a) The Medical Examiner must be a physician licensed by the State of Illinois to practice medicine in all its branches and must hold a certificate from the American Board of Pathology in both Forensic Pathology and Anatomic Pathology.

(b) The Medical Examiner shall be appointed by the President of the Cook County Board of Commissioners with the advice and consent of the Board of Commissioners. for a term of office which shall continue until the Medical Examiner resigns or is removed for cause following notice and an opportunity to be heard. The Medical Examiner, once approved by the Board, shall serve at the direction of the President and may be removed at the request of the President, subject to a vote of a majority of the members of the County Board. In case of a vacancy in the office of the Medical Examiner, the vacancy shall be filled in the manner aforesaid.

Effective Date: This Ordinance Amendment shall be effective upon passage.

*Referred to the Committee on Finance on 2-1-2012. **Deferred on 2-15-12 to the Finance Committee Meeting of 3-1-12.

COMMISSIONER FRITCHEY, SECONDED BY COMMISSIONER SUFFREDIN, MOVED TO ACCEPT A SUBSTITUTE AMENDMENT TO COMMUNICATION NO. 316481. THE MOTION CARRIED, AND THE PROPOSED AMENDMENT TO THE MEDICAL EXAMINERS ORDINANCE WAS FURTHER AMENDED BY SUBSTITUTION, AS FOLLOWS:

Submitting a Substitute Ordinance Amendment to Communication No. 316481

Sponsored by:

WILLIAM M. BEAVERS, JERRY BUTLER, EARLEAN COLLINS, JOHN P. DALEY, JOHN A. FRITCHEY, BRIDGET GAINER, JESUS G. GARCIA, ELIZABETH “LIZ” DOODY GORMAN, GREGG GOSLIN, JOAN PATRICIA MURPHY, EDWIN REYES, TIMOTHY O. SCHNEIDER, PETER N. SILVESTRI, DEBORAH SIMS, ROBERT B. STEELE, LARRY SUFFREDIN AND JEFFREY R. TOBOLSKI, County Commissioners

PROPOSED ORDINANCE AMENDMENT

MEDICAL EXAMINER

BE IT ORDAINED, by the Cook County Board of Commissioners that Chapter 38 Health and Human Services, Article VI Medical Examiner, Section 38-112 of the Cook County Code is hereby amended as follows:

Sec. 38-112. Qualifications and appointment.

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(a) The Medical Examiner must be a physician licensed by the State of Illinois to practice medicine in all its branches and must hold a certificate from the American Board of Pathology in both Forensic Pathology and Anatomic Pathology.

(b) The Medical Examiner shall be appointed by the President of the Cook County Board of Commissioners with the advice and consent of the Board of Commissioners. for a term of office which shall continue until the Medical Examiner resigns or is removed for cause following notice and an opportunity to be heard. The Medical Examiner, once so approved by the Board, shall serve for a term of five years. This notwithstanding, the Medical Examiner may be removed by a written request of the President to the Board of Commissioners upon a claim of negligence, malfeasance, misfeasance, immoral, illegal or unethical conduct or failure to properly execute the duties of such position, accompanied by a certification that such request is not being made pursuant to any considerations prohibited by the Shakman Consent Decree and subject to a hearing and an affirmative vote of a majority of the members of the Board of Commissioners. Upon expiration of said term, the President may reappoint the Medical Examiner to a subsequent term in the manner set forth aforesaid. In case of a vacancy in the office of the Medical Examiner, the vacancy shall be filled in the manner set forth aforesaid for the unexpired part of the term. For purposes of this section, the term of office of the current Medical Examiner shall be deemed to have commenced on December 6, 2010.

Effective Date: This Ordinance Amendment shall be effective upon passage.

12-O-16 ORDINANCE Sponsored by THE HONORABLE WILLIAM M. BEAVERS, JERRY BUTLER, EARLEAN COLLINS, JOHN P. DALEY, JOHN A. FRITCHEY, BRIDGET GAINER, JESUS G. GARCIA, ELIZABETH “LIZ” DOODY GORMAN, GREGG GOSLIN, JOAN PATRICIA MURPHY, EDWIN REYES, TIMOTHY O. SCHNEIDER, PETER N. SILVESTRI, DEBORAH SIMS, ROBERT B. STEELE, LARRY SUFFREDIN AND JEFFREY R. TOBOLSKI COUNTY COMMISSIONERS

MEDICAL EXAMINER

BE IT ORDAINED, by the Cook County Board of Commissioners that Chapter 38 Health and Human Services, Article VI Medical Examiner, Section 38-112 of the Cook County Code is hereby amended as follows:

Sec. 38-112. Qualifications and appointment.

(a) The Medical Examiner must be a physician licensed by the State of Illinois to practice medicine in all its branches and must hold a certificate from the American Board of Pathology in both Forensic Pathology and Anatomic Pathology.

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(b) The Medical Examiner shall be appointed by the President of the Cook County Board of Commissioners with the advice and consent of the Board of Commissioners. for a term of office which shall continue until the Medical Examiner resigns or is removed for cause following notice and an opportunity to be heard. The Medical Examiner, once so approved by the Board, shall serve for a term of five years. This notwithstanding, the Medical Examiner may be removed by a written request of the President to the Board of Commissioners upon a claim of negligence, malfeasance, misfeasance, immoral, illegal or unethical conduct or failure to properly execute the duties of such position, accompanied by a certification that such request is not being made pursuant to any considerations prohibited by the Shakman Consent Decree and subject to a hearing and an affirmative vote of a majority of the members of the Board of Commissioners. Upon expiration of said term, the President may reappoint the Medical Examiner to a subsequent term in the manner set forth aforesaid. In case of a vacancy in the office of the Medical Examiner, the vacancy shall be filled in the manner set forth aforesaid for the unexpired part of the term. For purposes of this section, the term of office of the current Medical Examiner shall be deemed to have commenced on December 6, 2010.

Effective Date: This Ordinance Amendment shall be effective upon passage.

Approved and adopted this 1st day of March 2012.

TONI PRECKWINKLE, President Cook County Board of Commissioners

Attest: DAVID ORR, County Clerk

COMMISSIONER FRITCHEY, SECONDED BY COMMISSIONER STEELE, MOVED TO APPROVE THE SUBSTITUTE AMENDMENT TO COMMUNICATION NO. 316481. THE MOTION CARRIED, AND THE PROPOSED AMENDMENT TO THE MEDICAL EXAMINER ORDINANCE WAS APPROVED AND ADOPTED.

COMMISSIONER BEAVERS VOTED PRESENT ON THE ABOVE ITEM.

316489 INTERGOVERNMENTAL AGREEMENT AMENDMENT (PROPOSED AGREEMENT AMENDMENT). Transmitting a Communication dated January 12, 2012 from Thomas J. Dart by Alexis A. Herrera, Chief Financial Officer: requesting authorization to amend an intergovernmental agreement between the Sheriff of Cook County and Kankakee County, to provide boarding and lodging of male detainees from the Cook County Department of Corrections at a rate of $60.00 per day plus medical expenses.

The amendment to the intergovernmental agreement is to establish an additional detainee housing unit to accommodate Cook County detainees in a segregated tier, known as the "Special Segregation Unit", at the Kankakee Jail, known as the Jerome Combs Detention Center and will not exceed twenty (20) inmates per day per month.

Respectfully requesting that the Sheriff of Cook County, or his designee, on behalf of Cook County, be authorized to execute intergovernmental agreements for the housing of Cook County Department of Corrections detainees in detention facilities operated by other Counties in Illinois.

Estimated Fiscal Impact: None (Not to exceed $578,160.00 per year - funding source Inmate Welfare Fund).

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This agreement has been reviewed and approved as to form by the Cook County State's Attorney's Office.

*Referred to the Committee on Finance on 2-1-2012. **Deferred on 2-15-12.

316489 COMMISSIONER FRITCHEY, SECONDED BY COMMISSIONER SILVESTRI, MOVED TO ACCEPT A SUBSTITUTE INTERGOVERNMENTAL AGREEMENT TO COMMUNICATION NO. 316489. THE MOTION CARRIED, AND THE SUBSTITUTE INTERGOVERNMENTAL AGREEMENT TO COMMUNICATION NO. 316489 WAS FURTHER AMENDED BY SUBSTITUTION, AS FOLLOWS:

SUBSTITUTE INTERGOVERNMENTAL AGREEMENT TO COMMUNICATION NO. 316489

Sponsored by

THE HONORABLE JOHN A. FRITCHEY, COUNTY COMMISSIONER

INTERGOVERNMENTAL AGREEMENT AMENDMENT (SUBSTITUTE AGREEMENT AMENDMENT). Transmitting a Communication dated January 12, 2012 from Thomas J. Dart by Alexis A. Herrera, Chief Financial Officer: requesting authorization to amend an intergovernmental agreement between the Sheriff of Cook County and Kankakee County, to provide boarding and lodging of male detainees from the Cook County Department of Corrections at a rate of $60.00 per day plus medical expenses.

The amendment to the intergovernmental agreement is to establish an additional detainee housing unit to accommodate Cook County detainees in a segregated tier, known as the "Special Segregation Unit", at the Kankakee Jail, known as the Jerome Combs Detention Center and will not exceed twenty (20) inmates per day per month, at a rate of $72.00, or $578,160.00 per year.

Estimated Fiscal Impact: None (Not to exceed $578,160.00 per year - funding source Inmate Welfare Fund).

This agreement has been reviewed and approved as to form by the Cook County State's

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Attorney's Office.

COMMISSIONER FRITCHEY, SECONDED BY COMMISSIONER STEELE, MOVED TO APPROVE THE SUBSTITUTE AMENDMENT TO COMMUNICATION NO. 316489. THE MOTION CARRIED, AND THE SUBSTITUTE INTERGOVERNMENTAL AGREEMENT WAS APPROVED AND ADOPTED.

316500 AN AMENDMENT TO CHAPTER 38, ARTICLE, VI, SECTION 38-122, DEATH SUBJECT TO INVESTIGATION, DUTY TO NOTIFY (PROPOSED ORDINANCE AMENDMENT). Submitting a Proposed Ordinance Amendment sponsored by Jeffrey R. Tobolski, County Commissioner.

PROPOSED ORDINANCE AMENDMENT

DEATH SUBJECT TO INVESTIGATION, DUTY TO NOTIFY

Effective immediately, Section 38-122, entitled DEATH SUBJECT TO INVESTIGATION, DUTY TO NOTIFY, of the COOK COUNTY CODE is amended as follows:

Sec. 38-122. - DEATH SUBJECT TO INVESTIGATION, DUTY TO NOTIFY.

(a) Any person, including, but not limited to, any law enforcement officer, physician, nurse, ambulance attendant, hospital director or administrator, or funeral director who may become aware of a death subject to investigation under Section 38-118 may immediately report such death to the Office of the Medical Examiner or to any law enforcement officer; any such report to a law enforcement officer shall be immediately transmitted to the Medical Examiner.

(b) Upon receipt of such report, the Medical Examiner or his/her appointed representative shall go to the location of the body and take charge of same, and shall begin his/her investigation with an examination of the scene.

(c) No person shall disturb the scene of such death, nor shall any person handle, move, disturb, undress, embalm, or remove the body from the position in which it is found, until authorized by the Medical Examiner or his/her appointed representative, except for the purpose of preserving such body from damage or destruction, or in such cases as may be authorized by the Medical Examiner. Whenever the Medical Examiner shall lawfully assume jurisdiction of a body, it shall not be removed or released from his/her jurisdiction except upon his/her direction and consent.

(d) Whenever the Cook County Medical Examiner’s Office is in receipt of, or takes possession of a body, the Medical Examiner’s Office must notify the decedent’s next of kin. The Cook County Medical Examiner’s Office shall keep a detailed account of such notifications, the date and time of receipt of the body, and any personal possessions accompanying the body. Where the body is received from another provider, the Medical Examiner’s Office shall obtain a signed receipt reconciling with said provider any personal effects that are taken into possession.

(e) Notification to the decedent’s next of kin is to be made within 48 hours when possible. As the Medical Examiner’s Office has the sufficient resources to determine the identification of the body, notification should be made within 48 hours of taking receipt of a body for any reason. Where resources do not exist, the County Sherriff’s Department will assist in the identification of a body for the purpose of prompt notification to the next of kin.

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(f) Where the Medical Examiner’s Office has made proper notification, the Medical Examiner shall only keep hold on the body of the deceased for no longer than 48 hours. At the conclusion of 48 hours the Medical Examiner shall bury the deceased in the methods as proscribed by the most recent burial protocol by the Medical Examiner’s Office.

(g) At the point where identification of an unknown is made the provisions of section (f) as outlined above shall be followed. Where every reasonable attempt at investigation has been made in order to determine the identification of a body and no such identification can be made, the Medical Examiner’s Office shall only hold the body for an additional 48 hours, at which time, the body shall be buried in the methods as proscribed by the most recent burial protocol as established by the Medical Examiner’s Office.

(h) Failure by the next of kin to take possession of the deceased once proper notice has been given per the above, shall require the Office of the Medical Examiner to bury the deceased within 48 hours in the methods as proscribed by the most recent burial protocol as established by the Medical Examiner’s Office.

*Referred to the Committee on Finance on 2-1-12.

COMMISSIONER TOBOLSKI, SECONDED BY COMMISSIONER STEELE, MOVED TO ACCEPT A SUBSTITUTE AMENDMENT TO COMMUNICATION NO. 316500. THE MOTION CARRIED, AND THE PROPOSED AMENDMENT TO THE MEDICAL EXAMINERS ORDINANCE WAS FURTHER AMENDED BY SUBSTITUTION, AS FOLLOWS:

Submitting a Substitute Ordinance Amendment to Communication No. 316500

Submitting a Proposed Substitute Ordinance Amendment Sponsored by JEFFREY R. TOBOLSKI, Cook County Commissioner, TONI PRECKWINKLE, President, and JOHN A. FRITCHEY, EDWIN REYES, WILLIAM BEAVERS, JERRY BUTLER, EARLEAN COLLINS, JOHN P. DALEY, BRIDGET GAINER, JESUS G. GARCIA, ELIZABETH “LIZ” DOODY GORMAN, GREGG GOSLIN, JOAN PATRICIA MURPHY, TIMOTHY O. SCHNEIDER, PETER N. SILVESTRI, DEBORAH SIMS, ROBERT STEELE and LARRY SUFFREDIN, Cook County Commissioners

PROPOSED ORDINANCE AMENDMENT

MEDICAL EXAMINER

Effective sixty days after Board approval, Section 38-122, entitled DEATH SUBJECT TO INVESTIGATION, DUTY TO NOTIFY, Chapter 38, of the COOK COUNTY CODE is amended as follows:

Sec. 38-141. – NOTICE OF POSSESSION OF A BODY.

(a) Whenever the Cook County Medical Examiner’s Office takes possession of a body or the remains of a body the Medical Examiner’s Office is hereby required to obtain verification that the decedent’s next of kin has been notified by the appropriate parties that the body is in the possession of the Medical Examiner’s Office. The Medical Examiner’s Office shall keep a detailed record of such verification of notifications, the date and time of notification, and the date and time of the receipt of, or jurisdiction of a body. In the event that the appropriate law enforcement authority is unable to locate the next of kin within 48 hours of the body arriving at the Medical Examiner’s Office, the Medical Examiner’s Office shall obtain verification that the

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next of kin cannot be located. The Medical Examiner’s Office shall retain such records for a period of at least 2 years. As described in Section 38-125 all personal possessions of the decedent shall be recorded.

(b) In the event the Medical Examiner’s Office cannot obtain verification that next of kin has been notified that the decedent’s body is in the possession of the Medical Examiner’s Office within 48 hours of arrival at the Medical Examiner’s Office, the Medical Examiner’s Office may seek the assistance of the Cook County Sheriff’s Office, Public Administrator, or any other relevant agency as appropriate, within one week of the body arriving at the Medical Examiner’s Office.

Sec. 38 -142 RETENTION OF A DECEDENT

(a) Where the Medical Examiner has no legal reason for retaining a body, the Medical Examiner shall have the authority to properly dispose of a body within 60 days of notifying the next of kin, unless there is reason to believe that the deceased may be a veteran of the U.S. Armed Forces. Where the Medical Examiner’s Office has reason to believe that the decedent may be a veteran of the U.S. Armed Forces, the Medical Examiner’s Office shall have up to 90 days to properly dispose of the body.

(b) The Medical Examiner’s Office is hereby authorized to seek certification from the decedent’s next of kin that the decedent is not a veteran of the U.S. Armed Forces. In the event that such certification is obtained, the Medical Examiner’s Office shall properly dispose of the body within 60 days.

(c) Notwithstanding other provisions in this section, if the Medical Examiner determines that a body needs to be retained longer than permitted then the Medical Examiner shall provide a written report to the Advisory Committee and to the Board of Commissioners stating the reason for retention. The Medical Examiner shall report to the Cook County Board on this matter quarterly.

12-O-17 ORDINANCE Sponsored by THE HONORABLE JEFFREY R. TOBOLSKI AND PRESIDENT TONI PRECKWINKLE, JOHN A. FRITCHEY, EDWIN REYES, WILLIAM M. BEAVERS, JERRY BUTLER, EARLEAN COLLINS, JOHN P. DALEY, BRIDGET GAINER, JESUS G. GARCIA, ELIZABETH “LIZ” DOODY GORMAN, GREGG GOSLIN, JOAN PATRICIA MURPHY, TIMOTHY O. SCHNEIDER, PETER N. SILVESTRI, DEBORAH SIMS, ROBERT B. STEELE AND LARRY SUFFREDIN, COUNTY COMMISSIONERS

DEATH SUBJECT TO INVESTIGATION, DUTY TO NOTIFY,

Effective sixty days after Board approval, Section 38-122, entitled DEATH SUBJECT TO INVESTIGATION, DUTY TO NOTIFY, Chapter 38, of the COOK COUNTY CODE is amended as follows:

Sec. 38-141. Notice of possession of a body.

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(a) Whenever the Cook County Medical Examiner’s Office takes possession of a body or the remains of a body the Medical Examiner’s Office is hereby required to obtain verification that the decedent’s next of kin has been notified by the appropriate parties that the body is in the possession of the Medical Examiner’s Office. The Medical Examiner’s Office shall keep a detailed record of such verification of notifications, the date and time of notification, and the date and time of the receipt of, or jurisdiction of a body. In the event that the appropriate law enforcement authority is unable to locate the next of kin within 48 hours of the body arriving at the Medical Examiner’s Office, the Medical Examiner’s Office shall obtain verification that the next of kin cannot be located. The Medical Examiner’s Office shall retain such records for a period of at least 2 years. As described in Section 38- 125 all personal possessions of the decedent shall be recorded.

(b) In the event the Medical Examiner’s Office cannot obtain verification that next of kin has been notified that the decedent’s body is in the possession of the Medical Examiner’s Office within 48 hours of arrival at the Medical Examiner’s Office, the Medical Examiner’s Office may seek the assistance of the Cook County Sheriff’s Office, Public Administrator, or any other relevant agency as appropriate, within one week of the body arriving at the Medical Examiner’s Office.

Sec. 38 -142 Retention of a decedent.

(a) Where the Medical Examiner has no legal reason for retaining a body, the Medical Examiner shall have the authority to properly dispose of a body within 60 days of notifying the next of kin, unless there is reason to believe that the deceased may be a veteran of the U.S. Armed Forces. Where the Medical Examiner’s Office has reason to believe that the decedent may be a veteran of the U.S. Armed Forces, the Medical Examiner’s Office shall have up to 90 days to properly dispose of the body.

(b) The Medical Examiner’s Office is hereby authorized to seek certification from the decedent’s next of kin that the decedent is not a veteran of the U.S. Armed Forces. In the event that such certification is obtained, the Medical Examiner’s Office shall properly dispose of the body within 60 days.

(c) Notwithstanding other provisions in this section, if the Medical Examiner determines that a body needs to be retained longer than permitted then the Medical Examiner shall provide a written report to the Advisory Committee and to the Board of Commissioners stating the reason for retention. The Medical Examiner shall report to the Cook County Board on this matter quarterly.

Approved and adopted this 1st day of March 2012.

TONI PRECKWINKLE, President Cook County Board of Commissioners

Attest: DAVID ORR, County Clerk

COMMISSIONER TOBOLSKI, SECONDED BY COMMISSIONER FRITCHEY, MOVED TO APPROVE THE SUBSTITUTE AMENDMENT TO COMMUNICATION NO. 316500. THE MOTION CARRIED, AND THE PROPOSED AMENDMENT TO THE MEDICAL EXAMINERS ORDINANCE WAS APPROVED AND ADOPTED.

316773 RESOLUTION NAMING THE COURT BUILDING LOCATED AT 26TH AND CALIFORNIA STREET: THE HONORABLE GEORGE N. LEIGHTON CRIMINAL COURT BUILDING (PROPOSED RESOLUTION). Submitting a Proposed Resolution

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sponsored by Toni Preckwinkle, President, and William M. Beavers, Jerry Butler, Earlean Collins, John P. Daley, John A. Fritchey, Bridget Gainer, Jesus G. Garcia, Elizabeth Doody Gorman, Gregg Goslin, Joan P. Murphy, Edwin Reyes, Timothy O. Schneider, Peter N. Silvestri, Deborah Sims, Robert B. Steele, Larry Suffredin and Jeffrey R. Tobolski, County Commissioners.

PROPOSED RESOLUTION

RESOLUTION NAMING THE COURT BUILDING LOCATED AT 26TH AND CALIFORNIA STREET: THE HONORABLE GEORGE N. LEIGHTON CRIMINAL COURT BUILDING

WHEREAS, George N. Leighton has devoted more than 65 years of his life to improving the fairness of the judicial system in Cook County; and

WHEREAS, George N. Leighton was born to parents who immigrated to the United States from the African coastal Cape Verde Islands; and

WHEREAS, every year of his youth, George and his school-age siblings worked in cranberry, blueberry, and strawberry patches between the months of March and November in order to help in the support of their family; and

WHEREAS, George N. Leighton never finished seventh grade and never attended high school; and

WHEREAS, George N. Leighton was admitted to Howard University as a provisional student and graduated in June 1940 magna cum laude, and was elected to Phi Beta Kappa; and

WHEREAS, George N. Leighton was awarded a scholarship to the Harvard Law School where he was one of very few people of color in the student body; and

WHEREAS, George N. Leighton interrupted his law school studies to serve in the racially segregated 93rd Infantry Division of the United States Army during World War II; and

WHEREAS, George N. Leighton saw service at Guadalcanal, Bougainville, Green Island and Finch Island, and was awarded the Asiatic Pacific Service Medal and the Bronze Star, and was honorably discharged from the United States Army in October 1945 with the rank of captain; and

WHEREAS, George N. Leighton graduated from Harvard Law School in 1946, and was admitted to the Bar of the Commonwealth of Massachusetts and later the State of Illinois; and

WHEREAS, George N. Leighton came to Chicago, Illinois in October 1946 and, because of his race, could not join the Chicago Bar Association or the American Bar Association, and could not rent office space in most buildings in the Loop, eat in most restaurants, stay in most hotels, or readily obtain taxi service; and

WHEREAS, from 1956 until 1964, George N. Leighton practiced law with other African-American attorneys in Chicago and became one of Chicago’s – and the nation’s – premier criminal defense lawyers and civil rights lawyers; and

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WHEREAS, George N. Leighton as a lawyer fought courageously and successfully to break down barriers of race discrimination in voting, housing, jury selection, education, and other discriminatory institutions in our country; and

WHEREAS, George N. Leighton devoted a substantial portion of his legal career to fighting for fairness and impartiality in the Cook County criminal justice system; and

WHEREAS, in 1964, George N. Leighton became a judge of the Circuit Court of Cook County where he served with distinction in the Criminal Court Building at 26th and California and later in the Chancery Division; and

WHEREAS, in 1969, George N. Leighton was appointed by the Justices of the Illinois Supreme Court to become the first person of color to serve on the Illinois Appellate Court; and

WHEREAS, in 1976, George N. Leighton was confirmed as a Judge of the United States District Court for the Northern District of Illinois, where he served with great distinction until 1987; and

WHEREAS, after retiring from the bench, George N. Leighton resumed the practice of law and once again devoted time and energy to the representation of the underprivileged and disadvantaged;

WHEREAS, George N. Leighton, in his 99-plus years, has been a shining example and role model to men and women of all races, religions, philosophies and creeds; and

WHEREAS, George N. Leighton devoted his life as a lawyer to the representation of the underprivileged and disadvantaged in our communities, and devoted his life as a judge to the impartial, non-political administration of justice; and

WHEREAS, George N. Leighton is not only respected as a lawyer and judge who devoted his career to the betterment of our system of justice, but is also known as a humble, charming, courteous, well-read and generous person and a devoted family man to his late wife, Virginia, his daughters, Barbara Whitfield and Anne Reynolds, his five grandchildren, and his six great-grandchildren; and

NOW, THEREFORE, BE IT RESOLVED that the President and the Cook County Board of Commissioners, on behalf of the more than five million residents of Cook County, do hereby honor George N. Leighton, celebrate his extraordinary life of leadership, service and courage, and hereby express the gratitude of the residents of Cook County for his many years of distinguished service; and

BE IT FURTHER RESOLVED, that in tribute to this extraordinary public servant, the Cook County Board of Commissioners, hereby authorizes the following honorary designation and name to the court building located at 26th and California Streets, Chicago, Illinois: The Honorable George N. Leighton Criminal Court Building;

BE IT FURTHER RESOLVED, that suitable copies of this Resolution be presented to George N. Leighton and his family as a token of our great esteem and acknowledgement of his rich legacy of service to mankind.

*Referred to the Committee on Finance on 2-15-2012.

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12-R-97 RESOLUTION Sponsored by THE HONORABLE TONI PRECKWINKLE, PRESIDENT AND WILLIAM M. BEAVERS, JERRY BUTLER, EARLEAN COLLINS, JOHN P. DALEY, JOHN A. FRITCHEY, BRIDGET GAINER, JESUS G. GARCIA, ELIZABETH “LIZ” DOODY GORMAN, GREGG GOSLIN, JOAN PATRICIA MURPHY, EDWIN REYES, TIMOTHY O. SCHNEIDER, PETER N. SILVESTRI, DEBORAH SIMS, ROBERT B. STEELE, LARRY SUFFREDIN AND JEFFREY R. TOBOLSKI, COUNTY COMMISSIONERS A RESOLUTION NAMING THE COURT BUILDING LOCATED AT 26TH AND CALIFORNIA STREET: THE HONORABLE GEORGE N. LEIGHTON CRIMINAL COURT BUILDING

WHEREAS, George N. Leighton was born almost 100 years ago on October 22, 1912 in New Bedford, Massachusetts; and

WHEREAS, George N. Leighton has devoted more than 65 years of his life to improving the fairness of the judicial system in Cook County; and

WHEREAS, George N. Leighton was born to parents who immigrated to the United States from the African coastal Cape Verde Islands; and

WHEREAS, every year of his youth, George and his school-age siblings worked in cranberry, blueberry, and strawberry patches between the months of March and November in order to help in the support of their family; and

WHEREAS, George N. Leighton never finished seventh grade and never attended high school; and

WHEREAS, George N. Leighton was admitted to Howard University as a provisional student and graduated in June 1940 Magna Cum Laude, and was elected to Phi Beta Kappa; and

WHEREAS, George N. Leighton was awarded a scholarship to the Harvard Law School where he was one of very few people of color in the student body; and

WHEREAS, George N. Leighton interrupted his law school studies to serve in the racially segregated 93rd Infantry Division of the United States Army during World War II; and

WHEREAS, George N. Leighton saw service at Guadalcanal, Bougainville, Green Island and Finch Island, and was awarded the Asiatic Pacific Service Medal and the Bronze Star, and was honorably discharged from the United States Army in October 1945 with the rank of captain; and

WHEREAS, George N. Leighton graduated from Harvard Law School in 1946, and was admitted to the Bar of the Commonwealth of Massachusetts and later the State of Illinois; and

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WHEREAS, George N. Leighton came to Chicago, Illinois in October 1946 and, because of his race, could not join the Chicago Bar Association or the American Bar Association, and could not rent office space in most buildings in the Loop, eat in most restaurants, stay in most hotels, or readily obtain taxi service; and

WHEREAS, from 1956 until 1964, George N. Leighton practiced law with other African-American attorneys in Chicago and became one of Chicago’s – and the nation’s – premier criminal defense lawyers and civil rights lawyers; and

WHEREAS, George N. Leighton as a lawyer fought courageously and successfully to break down barriers of race discrimination in voting, housing, jury selection, education, and other discriminatory institutions in our country; and

WHEREAS, George N. Leighton devoted a substantial portion of his legal career to fighting for fairness and impartiality in the Cook County criminal justice system; and

WHEREAS, in 1964, George N. Leighton became a judge of the Circuit Court of Cook County where he served with distinction in the Criminal Court Building at 26th and California and later in the Chancery Division; and

WHEREAS, in 1969, George N. Leighton was appointed by the Justices of the Illinois Supreme Court to become the first person of color to serve on the Illinois Appellate Court; and

WHEREAS, in 1976, George N. Leighton was confirmed as a Judge of the United States District Court for the Northern District of Illinois, where he served with great distinction until 1987; and

WHEREAS, after retiring from the bench, George N. Leighton resumed the practice of law and once again devoted time and energy to the representation of the underprivileged and disadvantaged;

WHEREAS, George N. Leighton, in his 99-plus years, has been a shining example and role model to men and women of all races, religions, philosophies and creeds; and

WHEREAS, George N. Leighton devoted his life as a lawyer to the representation of the underprivileged and disadvantaged in our communities, and devoted his life as a judge to the impartial, non-political administration of justice; and

WHEREAS, George N. Leighton is not only respected as a lawyer and judge who devoted his career to the betterment of our system of justice, but is also known as a humble, charming, courteous, well-read and generous person and a devoted family man to his late wife, Virginia, his daughters, Barbara Whitfield and Anne Reynolds, his five grandchildren, and his six great-grandchildren; and

NOW, THEREFORE, BE IT RESOLVED that the President and the Cook County Board of Commissioners, on behalf of the more than five million residents of Cook County, do hereby honor George N. Leighton, celebrate his extraordinary life of leadership, service and courage, and hereby express the gratitude of the residents of Cook County for his many years of distinguished service; and

BE IT FURTHER RESOLVED, that in tribute to this extraordinary public servant, the Cook County Board of Commissioners, hereby authorizes the following honorary designation and name to the court

106 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012 building located at 26th and California Streets, Chicago, Illinois: The Honorable George N. Leighton Criminal Court Building;

BE IT FURTHER RESOLVED, that suitable copies of this Resolution be presented to George N. Leighton and his family as a token of our great esteem and acknowledgement of his rich legacy of service to mankind.

Approved and adopted this 1st day of March 2012.

TONI PRECKWINKLE, President Cook County Board of Commissioners

Attest: DAVID ORR, County Clerk

COMMISSIONER BUTLER, SECONDED BY COMMISSIONER SUFFREDIN, MOVED TO APPROVE COMMUNICATION NO. 316773. THE MOTION CARRIED, AND THE PROPOSED RESOLUTION WAS ADOPTED.

316774 COOK COUNTY ASSESSOR, Joseph Berrios, by Victoria LaCalamita, Director of Human Resources. Transmitting a Communication, dated February 15, 2012:

requesting authorization for the Chief Procurement Officer to enter into and execute a contract with Adlexx Corp., Bulpitt, Illinois for Printing and Processing of Renewal Booklets and Forms for 2012 Exemptions.

Reason: Competitive bidding procedures were followed in accordance with the Cook County Procurement Code. On November 21, 2011 bids were solicited for 11- 85-139 for Printing and Processing of Renewal Booklets and Forms for 2012 Exemptions. Three bidders responded to the solicitation that opened on December 14, 2011. There were three groups: Group A – Non-Recycled Paper, Group B – Recycled Paper and Group C – Recycled and Chlorine Free Paper, however, only one award would result from the solicitation. In order to determine the apparent low bidder, the base bids were determined for Group A. In order to comply with the Cook County Recycled Product Procurement Policy for recycled paper and recycled and chlorine free paper, 15% was added to the apparent low bidders base bid to see if a bid for recycled and chlorine- free paper fell under this threshold. Once the 15% was added to the apparent low bidders bid, Adlexx Corp. was the lowest responsive and responsible bidder meeting the solicitation requirements. In addition, they will print the notices using recycled and chlorine-free paper. The cost savings for this project are $9,556.

Estimated Fiscal Impact: $306,444.00 Contract period: One year with three additional 1- year renewal options. (Account 040-240).

*Referred to the Committee on Finance on 2-15-2012. *This matter was previously approved by poll on 2-21-12.

COMMISSIONER SUFFREDIN, SECONDED BY COMMISSIONER STEELE, MOVED TO RATIFY COMMUNICATION NO. 316774, AS PREVIOUSLY APPROVED BY POLL OF THE COMMITTEE. THE MOTION CARRIED.

107 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

316775 AN AMENDMENT TO PART I, CHAPTER 38, ARTICLE VI, DIVISION 1, SECTION 38-112 (ORDINANCE AMENDMENT). Submitting a Proposed Ordinance Amendment John P. Daley, Elizabeth “Liz” Doody Gorman, Gregg Goslin, Timothy O. Schneider and Larry Suffredin, County Commissioners.

PROPOSED SUBSTITUTE ORDINANCE AMENDMENT

AN AMENDMENT TO THE OFFICE OF THE MEDICAL EXAMINER ORDINANCE

BE IT ORDAINED, by the Cook County Board of Commissioners that Part I, Chapter 38, Article VI, Division 1, Section 38-112, is hereby amended as follows:

Sec. 38-112. - Qualifications and appointment.

(a) The Medical Examiner must be a physician licensed by the State of Illinois to practice medicine in all its branches and must hold a certificate from the American Board of Pathology in both Forensic Pathology and Anatomic Pathology.

(b) The Medical Examiner shall be appointed by the President of the Cook County Board of Commissioners with the advice and consent of the Board of Commissioners. for a term of office which shall continue until the Medical Examiner resigns or is removed for cause following notice and an opportunity to be heard. The Medical Examiner, once so approved by the Board, shall serve for a term of five years. This notwithstanding, the Medical Examiner may be removed by a request of the President to the Board of Commissioners stating cause for the removal and after notice to the Medical Examiner and an opportunity to a hearing before the Board of Commissioners, which is then subject to an affirmative vote of a majority of the members of the Board of Commissioners. Upon expiration of said term, the President may reappoint the Medical Examiner to a subsequent term in the manner set forth aforesaid. In case of a vacancy in the office of the Medical Examiner, the vacancy shall be filled in the manner set forth aforesaid to fill any unexpired part of the term of the previous Medical Examiner. For purposes of this section the term of office of the current Medical Examiner, shall be deemed to have commenced on the first day of the term of the current President of the Cook County Board of Commissioners.

*Referred to the Committee on Finance on 2-15-2012.

COMMISSIONER SUFFREDIN, SECONDED BY COMMISSIONER STEELE, MOVED TO RECEIVE AND FILE COMMUNICATION NO. 316775. THE MOTION CARRIED.

SECTION 10

Your Committee has considered the highway bills submitted by the Superintendent of Highways for approval and payment.

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Your Committee, after considering said bills, recommends that they be, and by the adoption of this report, approved.

COOK COUNTY, ILLINOIS COMPTROLLER’S OFFICE JOURNAL BILLS TRANSMITTED FROM DEPARTMENT OF HIGHWAYS COOK COUNTY HIGHWAY DEPARTMENT – MARCH 1, 2012

VENDOR DESCRIPTION AMOUNT

MOTOR FUEL TAX FUND NO. 600-600

Greco Contractors, Inc. Section: 09-V6946-03-RP $73,798.96 Arlington Heights Road University Drive to Lake Cook Road Estimate # 20

Hecker & Company, Inc. Section: 10-TSCMC-08-TL 44,814.96 Traffic Signal (53 Loc.) Modernization and LED Retrofit Estimate # 8

Plote Construction, Inc. Section: 09-B1113-08-RP 71,080.42 Devon Avenue Rohlwing Road to Busse Road Estimate # 14

S.T.A.T.E. Testing, LLC Section: 01-A5020-02-RP 229.37 Lake-Cook Road

Transystems Corporation Section: 05-V6246-10-ES 1,361.53 Quentin Road Dundee Road to Lake-Cook Road Invoice No.60

Invoice No. 61 976.57

Village of Buffalo Grove Section: 08-A5015-01-ES 10,732.72 Lake Cook Road Raupp Boulevard to Hastings Lane Invoice No. 14

Village of Tinley Park Section: 07-B6125-02-FP 94,918.50 175th Street Oak Park Avenue to Ridgeland Avenue Invoice No. 1 and Final

Village of Tinley Park Section: 07-W3708-01-FP 94,918.50 Ridgeland Avenue 175th Street to Oak Forest Avenue

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Invoice No. 1 and Final

Western Remac, Inc. Section: 11-8SPAM-32-GM 14,403.78 Sign Panel Assembly Maintenance-2011 Estimate No. 8

A.C. Pavement Striping Company Section: 11-8STIC-32-GM 89,157.48 Striping Intersection and Crosswalk – 2011 Estimate No. 5

Western Remac, Inc. Section: 12-8SPAM-33-GM 11,473.91 Sign Panel Assembly Maintenance-2012 Estimate No. 1

TITLE FEE Section: 05-A5021-07-RP 60.00

Wheatland Title Guaranty Company Lake-Cook Road Parcel 0G50012DED Invoice # 397251

VICE CHAIRMAN SIMS, SECONDED BY COMMISSIONER MURPHY, MOVED APPROVAL OF THE HIGHWAY BILLS. THE MOTION CARRIED.

COMMISSIONER TOBOLSKI, SECONDED BY COMMISSIONER STEELE, MOVED TO ADJOURN. THE MOTION CARRIED AND THE MEETING WAS ADJOURNED.

Respectfully submitted,

COMMITTEE ON FINANCE

JOHN P. DALEY, Chairman

ATTEST: MATTHEW B. DeLEON, Secretary ______

Commissioner Daley, seconded by Commissioner Sims, moved that the Report of the Committee on Finance be approved and adopted. The motion carried unanimously.

REPORT OF THE COMMITTEE ON FINANCE

Public Hearing

February 14, 2012 Recessed and Reconvened on March 1, 2012

The Honorable, The Board of Commissioners of Cook County

110 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

ATTENDANCE

Present: Chairman Daley, Vice Chairman Sims, Commissioners Beavers, Butler, Collins, Fritchey, Gainer, Garcia, Gorman, Goslin, Murphy, Reyes, Schneider, Silvestri, Steele, Suffredin and Tobolski (17).

Absent: None (0).

Court Anthony W. Lisanti, C.S.R. Reporter:

Ladies and Gentlemen:

Your Committee on Finance of the Board of Commissioners of Cook County met pursuant to published notice for a Public Hearing at 1:00 PM on February 14, 2012, recessed and reconvened for a meeting on Thursday, March 1, 2012 at the hour of 10:00 A.M. in the Board Room, Room 569, County Building, 118 North Clark Street, Chicago, Illinois.

The Secretary to the Board informed Chairman Daley that a quorum was not present.

Chairman Daley informed the Committee that ten Commissioners had responded indicating that they would be present for a quorum at the meeting; as of this morning, only Commissioner Collins had called to inform him of her absence.

Commissioner Fritchey suggested that the Committee stand in recess until all Members can be present to hear testimony.

Chairman Daley stated that he would recess to the call of the Chair, but there are individuals present who are registered with the Secretary to testify and he thinks that those individuals should be heard as scheduled.

Commissioner Fritchey requested that the matter be deferred until the March 1, 2012 regularly scheduled Finance Committee Meeting.

Chairman Daley informed the Committee that he had received a letter from Commissioner Collins and it will be entered into the record.

Chairman Daley asked the Secretary of the Board to call upon the registered public speakers, in accordance with Cook County Code, Sec. 2-107(dd).

1) The Hon. Jesse White, Secretary of State 2) Laurence Msall, President, Civic Federation 3) Carmen L. Torres, Concerned Citizen 4) Darlena Williams-Burnett, Chief Deputy Recorder of Deeds 5) Clem Balanoff, Deputy Clerk, Cook County Clerk’s Office 6) Adam Clement, Deputy Chief Information Officer, Shared Services, Inc.

315458 REQUESTING TO PRESENT A PUBLIC QUESTION VIA A COUNTYWIDE REFERENDUM ABOLISHING THE OFFICE OF THE COOK COUNTY

111 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

RECORDER OF DEEDS (PROPOSED RESOLUTION). Submitting a Proposed Resolution sponsored by John A. Fritchey, County Commissioner, Co-sponsored by Gregg Goslin, Jesus G. Garcia and Edwin Reyes, County Commissioners.

PROPOSED RESOLUTION

REQUESTING TO PRESENT A PUBLIC QUESTION VIA A COUNTYWIDE REFERENDUM ABOLISHING THE OFFICE OF THE COOK COUNTY RECORDER OF DEEDS

WHEREAS, Cook County government continues to make concerted efforts to address current and future budgetary constraints by rightsizing governmental operations, improving efficiency and eliminating redundancy in operations, among other measures; and

WHEREAS, The County currently has 29 separately elected officials, some of whom oversee administrative offices; and

WHEREAS, the Cook County Recorder of Deeds is tasked with keeping accurate records of land transactions for public and private review; maintaining official records of UCC, tax liens and lien releases; and recording and maintaining other official records; and

WHEREAS, the key functions of the Cook County Clerk include maintaining vital records and other official records, administering elections, and maintaining County tax maps and calculating tax rates; and

WHEREAS, functions that are narrowly drawn and administrative in nature provide an excellent opportunity for consolidation with another office; and

WHEREAS, record-keeping is an administrative function shared by both the County Clerk’s Office and the County Recorder of Deeds, with many of the Recorder’s duties aligning with already existing divisions under the Clerk; and

WHEREAS, only 2 of the 10 largest counties in the United States have a separately elected Recorder of Deeds and Clerk; and

WHEREAS, it is anticipated that a merger of the Cook County Clerk and Cook County Recorder of Deeds could save the County over $1 million dollars annually through a more efficient provision of services while also centralizing record-keeping and improving customer service; and

WHEREAS, Article VII, Section 4(c) of the Constitution of the State of Illinois states, “Any office may be created or eliminated and the terms of office and manner of selection changed by county-wide referendum”; and

WHEREAS, 10 ILCS 5/28-8.1(a) states, “Whenever a proposition required by law to be voted upon before its adoption, other than a constitutional amendment, is submitted to the people, it is the duty of the Secretary of State to prepare a statement setting forth in detail Section or Sections of the law sought to be amended by the vote, together with statements and suggestions as may be necessary for a proper understanding of the proposition. The statements and suggestions shall be submitted to the Attorney General for his approval”;

112 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

and

WHEREAS, it is a fundamental underpinning of our great country to provide taxpayers the opportunity to have input as to the functioning of their government and use of their tax dollars; and

WHEREAS, allowing the voters of Cook County the opportunity to determine the propriety of the proposed consolidation via a binding referendum is an opportunity to engage residents directly in our democratic process; and

WHEREAS, in order to consolidate and improve services by merging the functions and responsibilities of the office of the Recorder of Deeds into the office of the Cook County Clerk, the Cook County Board of Commissioners seeks to place a question before the electorate via a referendum on the November 6, 2012, countywide ballot seeking to eliminate the office of the Cook County Recorder of Deeds and merge its functions into those of the Cook County Clerk, as follows:

“Shall the Office of the Cook County Recorder of Deeds be eliminated and all duties and responsibilities of the Office of the Cook County Recorder of Deeds be transferred to, and assumed by, the Office of the Cook County Clerk by December 1, 2013?”

[ ] Yes

[ ] No

NOW, THEREFORE BE IT RESOLVED by the Cook County Board of Commissioners that this Board present the aforementioned question to the electorate via a countywide referendum on the November 6, 2012 ballot.

BE IT FURTHER RESOLVED, that the Cook County Clerk notifies the Secretary of State, and the Attorney General of this request for action.

*Referred to the Committee on Finance on 11/15/11.

Commissioner Fritchey gave the Committee a presentation on the proposed Resolution, attached to this Report as Attachment A.

Chairman Daley indicated that Committee would stand in recess to the call of the Chair.

March 1, 2012

Pursuant to notice, Chairman Daley reconvened the recessed Finance Committee Meeting of February 14, 2012 at 10:00 AM on March 1, 2012.

Chairman Daley asked that Commissioners Beavers, Butler, Collins, Goslin, Murphy, Reyes, Schneider, Silvestri and Steele be added to the roll call.

Present: Chairman Daley, Vice Chairman Sims, Commissioners Beavers, Butler, Collins, Fritchey,

113 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

Gainer, Garcia, Gorman, Goslin, Murphy, Reyes, Schneider, Silvestri, Steele, Suffredin and Tobolski (17).

Absent: None (0).

After being informed by the Secretary that a quorum was present, Chairman Daley stated that a substitute Resolution was distributed by Commissioner Fritchey for Communication No. 315458.

Commissioner Fritchey, seconded by Commissioner Silvestri, moved to accept a Substitute Amendment to Communication No. 315458. The motion carried, and Communication No. 315458 was further amended by substitution, as follows:

PROPOSED AMENDMENT TO COMMUNICATION NO. 315458

Sponsored by The Honorable John A. Fritchey, County Commissioner

315458 REQUESTING TO PRESENT A PUBLIC QUESTION VIA A COUNTYWIDE REFERENDUM ABOLISHING THE OFFICE OF THE COOK COUNTY RECORDER OF DEEDS (PROPOSED RESOLUTION). Submitting a Proposed Resolution sponsored by John A. Fritchey, County Commissioner, Co-sponsored by Gregg Goslin, Jesus G. Garcia and Edwin Reyes, County Commissioners.

PROPOSED RESOLUTION

WHEREAS, Cook County government continues to make concerted efforts to address current and future budgetary constraints by rightsizing governmental operations, improving efficiency and eliminating redundancy in operations, among other measures; and

WHEREAS, The County currently has 29 separately elected officials, some of whom oversee administrative offices; and

WHEREAS, the Cook County Recorder of Deeds is tasked with keeping accurate records of land transactions for public and private review; maintaining official records of UCC, tax liens and lien releases; and recording and maintaining other official records; and

WHEREAS, the key functions of the Cook County Clerk include maintaining vital records and other official records, administering elections, and maintaining County tax maps and calculating tax rates; and

WHEREAS, functions that are narrowly drawn and administrative in nature provide an excellent opportunity for consolidation with another office; and

WHEREAS, record-keeping is an administrative function shared by both the County Clerk’s Office and the County Recorder of Deeds, with many of the Recorder’s duties aligning with already existing divisions under the Clerk; and

WHEREAS, only 2 of the 10 largest counties in the United States have a separately elected Recorder of Deeds and Clerk; and

114 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

WHEREAS, it is anticipated that a merger of the Cook County Clerk and Cook County Recorder of Deeds could save the County over $1 million dollars annually through a more efficient provision of services while also centralizing record-keeping and improving customer service; and

WHEREAS, Article VII, Section 4(c) of the Constitution of the State of Illinois states, “Any office may be created or eliminated and the terms of office and manner of selection changed by county-wide referendum”; and

WHEREAS, 10 ILCS 5/28-8.1(a) states, “Whenever a proposition required by law to be voted upon before its adoption, other than a constitutional amendment, is submitted to the people, it is the duty of the Secretary of State to prepare a statement setting forth in detail Section or Sections of the law sought to be amended by the vote, together with statements and suggestions as may be necessary for a proper understanding of the proposition. The statements and suggestions shall be submitted to the Attorney General for his approval”; and

WHEREAS, it is a fundamental underpinning of our great country to provide taxpayers the opportunity to have input as to the functioning of their government and use of their tax dollars; and

WHEREAS, allowing the voters of Cook County the opportunity to determine the propriety of the proposed consolidation via a binding referendum is an opportunity to engage residents directly in our democratic process; and WHEREAS, in order to consolidate and improve services by merging the functions and responsibilities of the office of the Recorder of Deeds into the office of the Cook County Clerk, the Cook County Board of Commissioners seeks to place a question before the electorate via a referendum on the November 6, 2012, countywide ballot seeking to eliminate the office of the Cook County Recorder of Deeds and merge its functions into those of the Cook County Clerk, as follows:

“Shall the Office of the Cook County Recorder of Deeds be eliminated and all duties and responsibilities of the Office of the Cook County Recorder of Deeds be transferred to, and assumed by, the Office of the Cook County Clerk by December 1, 2013 December 5, 2016?”

[ ] Yes

[ ] No

NOW, THEREFORE BE IT RESOLVED by the Cook County Board of Commissioners that this Board present the aforementioned question to the electorate via a countywide referendum on the November 6, 2012 ballot.

BE IT FURTHER RESOLVED, that the Cook County Clerk notifies the Secretary of State, and the Attorney General of this request for action.

Chairman Daley asked the Secretary of the Board to call upon the registered public speakers, in accordance with Cook County Code, Sec. 2-107(dd).

1) Karen Yarbrough, State Representative 2) Lori Gadbois, Recorder, Kankakee County

115 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

3) Barb Krasca, Recorder, Champaign County 4) George Blakemore, Concerned Citizen

Commissioner Fritchey, seconded by Commissioner Murphy, moved to Approve the Proposed Resolution (Communication No. 315458) as amended by substitution. Commissioner Tobolski called for a Roll Call Vote on the Motion, the vote of yeas and nays being as follows:

Roll Call on Motion to Approved the Proposed Amendment to Communication No. 315458 as Substituted

Yeas: Commissioners Fritchey, Commissioners Gainer, Garcia, Gorman, Goslin, Reyes, Schneider and Silvestri (8).

Nays: Chairman Daley, Vice Chairman Sims, Commissioners Beavers, Butler, Collins Murphy, Steele, Suffredin and Tobolski (9).

Absent: None (0).

The motion failed, and Communication No. 315458 was not recommended for approval.

Vice Chairman Sims, seconded by Commissioner Butler, moved to adjourn. The motion carried and the meeting was adjourned.

YOUR COMMITTEE RECOMMENDS THE FOLLOWING ACTION WITH REGARD TO THE MATTER NAMED HEREIN:

Communication No. 315458 Not Recommend for Approval

Respectfully submitted,

COMMITTEE ON FINANCE

JOHN P. DALEY, Chairman

ATTEST: MATTHEW B. DeLEON, Secretary ______

Commissioner Daley, seconded by Commissioner Sims, moved that the Report of the Committee on Finance (Public Hearting) be approved and adopted. The motion carried unanimously.

REPORT OF THE FINANCE SUBCOMMITTEE ON PENSION

March 1, 2012

The Honorable, The Board of Commissioners of Cook County

ATTENDANCE

116 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

Present: Chairman Gainer, Vice Chairman Goslin, Commissioners Murphy, Schneider, Steele, Suffredin and Tobolski (7).

Absent: None (0).

Also Present: Brian Tenner, Extend Health; Robert Kissell, TIAA-CREF; Skip Schrayer – Chairman of the Board of Directors, Jewish Federation of Metropolitan Chicago

Ladies and Gentlemen:

Your Finance Subcommittee on Pension of the Board of Commissioners of Cook County met pursuant to notice on Thursday, March 1, 2012 at the hour of 9:00 A.M. in the Board Room, Room 569, County Building, 118 North Clark Street, Chicago, Illinois.

Your Committee has considered the following items and, upon adoption of this report, the recommendations are as follows:

314553 ALTERNATIVE REVENUE AND BENEFIT STRUCTURES FOR THE COOK COUNTY PENSION FUND (PROPOSED RESOLUTION). Submitting a Proposed Resolution sponsored by Bridget Gainer, Timothy O. Schneider, Gregg Goslin, Joan Patricia Murphy, William M. Beavers and Jeffrey R. Tobolski, County Commissioners.

PROPOSED RESOLUTION

DISCUSSION OF ALTERNATIVE REVENUE AND BENEFIT STRUCTURES FOR THE COOK COUNTY PENSION FUND

WHEREAS, there have been recent studies and surveys done by the PEW Charitable Trust and the Manhattan Institute, as well as other public and private entities at the Local, State and National levels concerning pension benefit structures; and

WHEREAS, when the General Assembly convenes for Veto Session they may take up Senate Bill 512; and

WHEREAS, the members of the Illinois General Assembly have called upon the County to devise a recommended path forward to mitigate its pension shortfall; and

WHEREAS, members of the Cook County Subcommittee on Pension have called for more discussion on alternatives revenue and benefit structures for the Cook County Pension Fund.

NOW, THEREFORE, BE IT RESOLVED, that the Cook County Subcommittee on Pension meet to explore the health benefit structure as a possible alternative revenue source for the pension fund.

*Referred to the Finance Subcommittee on Pension on 09-20-11.

Commissioner Murphy, seconded by Vice Chairman Goslin, moved to Receive and File Communication No. 314553. The motion carried.

117 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

315461 URGING THE COOK COUNTY ANNUITY AND BENEFIT FUND TO DIVEST FROM IRAN (PROPOSED RESOLUTION). Submitting a Proposed Resolution sponsored by Bridget Gainer, County Commissioner.

PROPOSED RESOLUTION

URGING THE COOK COUNTY ANNUITY AND BENEFIT FUND TO DIVEST FROM IRAN

WHEREAS, on July 1, 2010, President Obama signed into law the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (CISADA.) The Act amends the Iran Sanctions Act of 1996 (ISA) which requires sanctions be imposed or waived for companies that are determined to have made certain investments in Iran’s energy sector; and

WHEREAS, The Iran Threat Reduction Act (H.R. 1905) and the Iran, North Korea, and Syria Sanctions Consolidation Act of 2011 (S. 1048) would enshrine into law for the first time that it is U.S. policy to prevent Iran from obtaining nuclear weapons. The House bill, introduced by House Foreign Affairs Committee Chairwoman Ileana Ros-Lehtinen (R-FL) and Ranking Member Howard Berman (D-CA), was approved by the committee by voice vote on November 2. The Senate bill was introduced by Sens. Robert Menendez (D-NJ), Joseph Lieberman (I-CT), Jon Kyl (R-AZ), Robert Casey (D-PA), Kirsten Gillibrand (D- NY), Susan Collins (R-ME) and Mark Kirk (R-IL); and

WHEREAS, the United States Congress and President Obama support an effort to increase pressure on Iran to return constructively to diplomatic negotiations to address the international community’s concerns about Iran’s non-compliance with its international obligations; and

WHEREAS, CISADA gives legal permission for state and local governments to divest from companies that do business with Iran's energy sector, insofar as, that such efforts do not violate the Employment Retirement Income Security Act; and

WHEREAS, 23 states have already enacted divestment legislation or policies, including the State of Illinois through Public Act 095-616, which applied only to the five state pension systems; and

WHEREAS, the Cook County Annuity and Benefit Fund has determined that its exposure to Iran is minimal at .16% as of September 27, 2011.

NOW, THEREFORE, BE IT RESOLVED, the Cook County Board of Commissioners calls upon the Cook County Annuity and Benefit fund to fully divest from the companies within the Fund who have exposure to Iran and block the future purchase of any further shares in the companies that would create exposure to Iran.

*Referred to the Finance Subcommittee on Pension on 11-15-11.

12-R-98 RESOLUTION Sponsored by THE HONORABLE BRIDGET GAINER, COUNTY COMMISSIONER

118 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

URGING THE COOK COUNTY ANNUITY AND BENEFIT FUND TO DIVEST FROM IRAN

WHEREAS, on July 1, 2010, President Obama signed into law the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (CISADA.) The Act amends the Iran Sanctions Act of 1996 (ISA) which requires sanctions be imposed or waived for companies that are determined to have made certain investments in Iran’s energy sector; and

WHEREAS, The Iran Threat Reduction Act (H.R. 1905) and the Iran, North Korea, and Syria Sanctions Consolidation Act of 2011 (S. 1048) would enshrine into law for the first time that it is U.S. policy to prevent Iran from obtaining nuclear weapons. The House bill, introduced by House Foreign Affairs Committee Chairwoman Ileana Ros-Lehtinen (R-FL) and Ranking Member Howard Berman (D-CA), was approved by the committee by voice vote on November 2. The Senate bill was introduced by Sens. Robert Menendez (D-NJ), Joseph Lieberman (I-CT), Jon Kyl (R-AZ), Robert Casey (D-PA), Kirsten Gillibrand (D-NY), Susan Collins (R-ME) and Mark Kirk (R-IL); and

WHEREAS, the United States Congress and President Obama support an effort to increase pressure on Iran to return constructively to diplomatic negotiations to address the international community’s concerns about Iran’s non-compliance with its international obligations; and

WHEREAS, CISADA gives legal permission for state and local governments to divest from companies that do business with Iran's energy sector, insofar as, that such efforts do not violate the Employment Retirement Income Security Act; and

WHEREAS, 23 states have already enacted divestment legislation or policies, including the State of Illinois through Public Act 095-616, which applied only to the five state pension systems; and

WHEREAS, the Cook County Annuity and Benefit Fund has determined that its exposure to Iran is minimal at .16% as of September 27, 2011.

NOW, THEREFORE, BE IT RESOLVED, the Cook County Board of Commissioners calls upon the Cook County Annuity and Benefit fund to fully divest from the companies within the Fund who have exposure to Iran and block the future purchase of any further shares in the companies that would create exposure to Iran.

Approved and adopted this 1st day of March 2012.

TONI PRECKWINKLE, President Cook County Board of Commissioners

Attest: DAVID ORR, County Clerk

Chairman Gainer asked the Secretary to the Board to call upon the registered public speaker, in accordance with Cook County Code, Sec. 2-107(dd):

1. George Blakemore – Concerned Citizen

Commissioner Murphy, seconded by Vice Chairman Goslin, moved to Approve Communication No. 315461. The motion carried.

119 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

Chairman Gainer called the meeting to order so that the meeting could be adjourned.

Commissioner Suffredin moved to adjourn, seconded by Commissioner Steele. The motion carried and the meeting was adjourned.

YOUR COMMITTEE RECOMMENDS THE FOLLOWING ACTIONS WITH REGARD TO THE MATTER NAMED HEREIN:

Communication No. 314553 Received and Filed Communication No. 315461 Approved

Respectfully submitted,

FINANCE SUBCOMMITTEE ON PENSION

BRIDGET GAINER, Chairman

ATTEST: MATTHEW B. DeLEON, Secretary ______

Commissioner Gainer, seconded by Commissioner Schneider, moved that the Report of the Finance Subcommittee on Pension be approved and adopted. The motion carried unanimously.

REPORT OF THE FINANCE REAL ESTATE & BUSINESS & ECONOMIC DEVELOPMENT SUBCOMMITTEE

March 1, 2012

The Honorable, The Board of Commissioners of Cook County

ATTENDANCE

Present: Chairman Garcia, Vice Chairman Murphy, Commissioners Gorman and Schneider (4).

Absent: Commissioners Butler, Reyes and Steele (3).

Also Present: Commissioners Beavers and Daley; Patrick Driscoll, Jr. – Deputy State’s Attorney, Chief, Civil Actions Bureau.

Ladies and Gentlemen:

Your Finance Subcommittee on Real Estate & Business & Economic Development of the Board of Commissioners of Cook County met pursuant to notice on Thursday, March 1, 2012 at the hour of 9:30 A.M. in the Board Room, Room 569, County Building, 118 North Clark Street, Chicago, Illinois.

Your Committee has considered the following items and upon adoption of this report, the recommendations are as follows:

120 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

316485 DEPARTMENT OF CAPITAL PLANNING AND DEVELOPMENT, BUREAU OF ECONOMIC DEVELOPMENT (PROPOSED RESOLUTION). Transmitting a Communication dated January 12, 2012 from Herman Brewer, Director:

respectfully submitting this Resolution regarding G3 Capital Partners, LLC's request for a Class 6b property tax incentive for special circumstances and substantial rehabilitation for an industrial building located at 10750 West Grand Avenue, Franklin Park, Illinois. The applicant intends to lease 70,000 sq. ft. to Cortina Tool & Mold Company an industrial company. The applicant will construct dividing walls in the facility in order to lease the remaining 20,000 sq. ft. to an industrial user for manufacturing, warehousing and/or distribution use.

G3 Capital Partners, LLC requests approval of the tax incentive based on the special circumstances that the property had been vacant for less than 24 months; there has been a purchase for value; and substantial rehabilitation will be completed under the Class 6b Ordinance. This Resolution is required so that the company can complete its application to the Assessor of Cook County.

Submitting a Proposed Resolution sponsored by Toni Preckwinkle, President and Jeffrey R. Tobolski, County Commissioner.

PROPOSED RESOLUTION

WHEREAS, the Cook County Board of Commissioners has adopted a Real Property Assessment Classification 6b that provides an applicant a reduction in the assessment level for an industrial facility; and

WHEREAS, the County Board of Commissioners has received and reviewed an application from G3 Capital Partners, LLC and Resolution No. 1011-R-40 from the Village of Franklin Park for an abandoned industrial facility located at 10750 West Grand Avenue, Franklin Park, Cook County, Illinois, County Board District #16, Property Index Numbers: 12-29-202-019-0000, 12-29-202-020-0000 and 12-29-202-025-0000; and

WHEREAS, Cook County has defined abandoned property as buildings and other structures that, after having been vacant and unused for at least 24 months, are purchased for value by a purchaser in whom the seller has no direct financial interest; and

WHEREAS, industrial real estate is normally assessed at 25% of its market value, qualifying industrial real estate eligible for the Class 6b can receive a significant reduction in the level of assessment from the date that new construction or rehabilitation has been completed, or in the case of abandoned property from the date of substantial re-occupancy. Properties receiving Class 6b will be assessed at 10% of the market value for 10 years, 15% for the 11th year and 20% in the 12th year; and

WHEREAS, in the instance where the property does not meet the definition of abandoned property, the municipality or the Board of Commissioners, may determine that special circumstances justify finding that the property is abandoned for purpose of Class 6b; and

WHEREAS, in the case of abandonment of less than 24 months and purchase for value, by a purchaser in whom the seller has no direct financial interest, the County may

121 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

determine that special circumstances justify finding the property is deemed abandoned; and

WHEREAS, Class 6b requires the validation by the County Board of the shortened period of qualifying abandonment in cases where the facility has been abandoned for less than 24 consecutive months upon purchase for value; and

WHEREAS, the Cook County Board of Commissioners has determined that the building was abandoned for 16 months at the time of application, and that special circumstances are present; and

WHEREAS, the applicant estimates that the re-occupancy will create 10-40 new full- time jobs and retain 120 full-time jobs; and create 5-10 construction jobs; and

WHEREAS, the Village of Franklin Park states that the Class 6b tax incentive is necessary for development to occur on this specific real estate. The municipal Resolution cites that special circumstances exist which include that the subject property has been vacant and unused for less than 24 months; there will be a purchase for value; and that the applicant plans to improve the subject property upon purchase; and

WHEREAS, the applicant acknowledges that it must provide an affidavit to the Assessor's Office stipulating that it is in compliance with the County’s Living Wage Ordinance prior to receiving the Class 6b incentive on the subject property.

NOW, THEREFORE, BE IT RESOLVED, by the President and Board of Commissioners of the County of Cook, State of Illinois, that the President and Board of Commissioners validate the property located at 10750 West Grand Avenue, Franklin Park, Cook County, Illinois, is deemed abandoned with special circumstances under the Class 6b; and

BE IT FURTHER RESOLVED, that the County Clerk is hereby authorized and directed to forward a certified copy of this Resolution to the Office of the Cook County Assessor.

*Referred to the Finance Subcommittee on Real Estate & Business & Economic Development on 2-1-12.

12-R-99 RESOLUTION Sponsored by THE HONORABLE TONI PRECKWINKLE, PRESIDENT AND JEFFREY R. TOBOLSKI, COUNTY COMMISSIONER

WHEREAS, the Cook County Board of Commissioners has adopted a Real Property Assessment Classification 6b that provides an applicant a reduction in the assessment level for an industrial facility; and

WHEREAS, the County Board of Commissioners has received and reviewed an application from G3 Capital Partners, LLC and Resolution No. 1011-R-40 from the Village of Franklin Park for an abandoned industrial facility located at 10750 West Grand Avenue, Franklin Park, Cook County, Illinois, County

122 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

Board District #16, Property Index Numbers: 12-29-202-019-0000, 12-29-202-020-0000 and 12-29-202- 025-0000; and

WHEREAS, Cook County has defined abandoned property as buildings and other structures that, after having been vacant and unused for at least 24 months, are purchased for value by a purchaser in whom the seller has no direct financial interest; and

WHEREAS, industrial real estate is normally assessed at 25% of its market value, qualifying industrial real estate eligible for the Class 6b can receive a significant reduction in the level of assessment from the date that new construction or rehabilitation has been completed, or in the case of abandoned property from the date of substantial re-occupancy. Properties receiving Class 6b will be assessed at 10% of the market value for 10 years, 15% for the 11th year and 20% in the 12th year; and

WHEREAS, in the instance where the property does not meet the definition of abandoned property, the municipality or the Board of Commissioners, may determine that special circumstances justify finding that the property is abandoned for purpose of Class 6b; and

WHEREAS, in the case of abandonment of less than 24 months and purchase for value, by a purchaser in whom the seller has no direct financial interest, the County may determine that special circumstances justify finding the property is deemed abandoned; and

WHEREAS, Class 6b requires the validation by the County Board of the shortened period of qualifying abandonment in cases where the facility has been abandoned for less than 24 consecutive months upon purchase for value; and

WHEREAS, the Cook County Board of Commissioners has determined that the building was abandoned for 16 months at the time of application, and that special circumstances are present; and

WHEREAS, the applicant estimates that the re-occupancy will create 10-40 new full-time jobs and retain 120 full-time jobs; and create 5-10 construction jobs; and

WHEREAS, the Village of Franklin Park states that the Class 6b tax incentive is necessary for development to occur on this specific real estate. The municipal Resolution cites that special circumstances exist which include that the subject property has been vacant and unused for less than 24 months; there will be a purchase for value; and that the applicant plans to improve the subject property upon purchase; and

WHEREAS, the applicant acknowledges that it must provide an affidavit to the Assessor's Office stipulating that it is in compliance with the County’s Living Wage Ordinance prior to receiving the Class 6b incentive on the subject property.

NOW, THEREFORE, BE IT RESOLVED, by the President and Board of Commissioners of the County of Cook, State of Illinois, that the President and Board of Commissioners validate the property located at 10750 West Grand Avenue, Franklin Park, Cook County, Illinois, is deemed abandoned with special circumstances under the Class 6b; and

BE IT FURTHER RESOLVED, that the County Clerk is hereby authorized and directed to forward a certified copy of this Resolution to the Office of the Cook County Assessor.

Approved and adopted this 1st day of March 2012.

123 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

TONI PRECKWINKLE, President Cook County Board of Commissioners

Attest: DAVID ORR, County Clerk

Vice Chairman Murphy, seconded by Commissioner Gorman, moved Approval of Communication No. 316485. The motion carried.

316486 DEPARTMENT OF CAPITAL PLANNING AND DEVELOPMENT, BUREAU OF ECONOMIC DEVELOPMENT (PROPOSED RESOLUTION). Transmitting a Communication dated January 12, 2012 from Herman Brewer, Director:

respectfully submitting this Resolution regarding Chase SRG, LLC’s request for a Class 6b property tax incentive for special circumstances and substantial rehabilitation for an industrial building located at 1440 Chase Avenue, Elk Grove Village, Illinois. The applicant intends to lease to an industrial user for warehousing, manufacturing and/or distribution.

Chase SRG, LLC requests approval of the tax incentive based on the special circumstances that the property has been vacant for less than 24 months; there has been purchased for value; and substantial rehabilitation will be completed under the Class 6b Ordinance. This Resolution is required so that the company can complete its application to the Assessor of Cook County.

Submitting a Proposed Resolution sponsored by Toni Preckwinkle, President and Elizabeth “Liz” Doody Gorman, County Commissioner.

PROPOSED RESOLUTION

WHEREAS, the Cook County Board of Commissioners has adopted a Real Property Assessment Classification 6b that provides an applicant a reduction in the assessment level for an industrial facility; and

WHEREAS, the County Board of Commissioners has received and reviewed an application from Chase SRG, LLC and Resolution No. 12-11 from the Village of Elk Grove Village for an abandoned industrial facility located at 1440 Chase Avenue, Elk Grove Village, Cook County, Illinois, County Board District #17, Property Index Number: 08-27-402-059-0000; and

WHEREAS, Cook County has defined abandoned property as buildings and other structures that, after having been vacant and unused for at least 24 months, are purchased for value by a purchaser in whom the seller has no direct financial interest; and

WHEREAS; industrial real estate is normally assessed at 25% of its market value, qualifying industrial real estate eligible for the Class 6b can receive a significant reduction in the level of assessment from the date that new construction or rehabilitation has been completed, or in the case of abandoned property from the date of substantial re-occupancy. Properties receiving Class 6b will be assessed at 10% of the market value for 10 years, 15% for the 11th year and 20% in the 12th year; and

WHEREAS, in the instance where the property does not meet the definition of abandoned

124 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

property, the municipality or the Board of Commissioners, may determine that special circumstances justify finding that the property is abandoned for purpose of Class 6b; and

WHEREAS, in the case of abandonment of less than 24 months and purchase for value, by a purchaser in whom the seller has no direct financial interest, the County may determine that special circumstances justify finding the property is deemed abandoned; and

WHEREAS, Class 6b requires the validation by the County Board of the shortened period of qualifying abandonment in cases where the facility has been abandoned for less than 24 consecutive months upon purchase for value; and

WHEREAS, the Cook County Board of Commissioners has determined that the building was abandoned for 16 months at the time of application, and that special circumstances are present; and

WHEREAS, the applicant estimates that the re-occupancy will create an estimated 20-30 new full-time jobs, and estimated 5-10 construction jobs; and

WHEREAS, the Village of Elk Grove Village states the Class 6b is necessary for development to occur on this specific real estate. The municipal Resolution cites the special circumstances include that the property has been vacant for less than 24 months; there has been a purchase for value and the building is in need of substantial rehabilitation; and

WHEREAS, the applicant acknowledges that it must provide an affidavit to the Assessor’s Office stipulating that it is in compliance with the County’s Living Wage Ordinance prior to receiving the Class 6bincentive on the subject property.

NOW, THEREFORE, BE IT RESOLVED, by the President and Board of Commissioners of the County of Cook, that the President and Board of Commissioners validate the property located at 1440 Chase Avenue, Elk Grove Village, Cook County, Illinois, is deemed abandoned with special circumstances under the Class 6b; and

BE IT FURTHER RESOLVED, that the County Clerk is hereby authorized and directed to forward a certified copy of this Resolution to the Office of the Cook County Assessor.

*Referred to the Finance Subcommittee on Real Estate & Business & Economic Development on 2-1-12.

12-R-100 RESOLUTION Sponsored by THE HONORABLE TONI PRECKWINKLE, PRESIDENT AND ELIZABETH “LIZ” DOODY GORMAN, COUNTY COMMISSIONER

WHEREAS, the Cook County Board of Commissioners has adopted a Real Property Assessment Classification 6b that provides an applicant a reduction in the assessment level for an industrial facility; and

125 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

WHEREAS, the County Board of Commissioners has received and reviewed an application from Chase SRG, LLC and Resolution No. 12-11 from the Village of Elk Grove Village for an abandoned industrial facility located at 1440 Chase Avenue, Elk Grove Village, Cook County, Illinois, County Board District #17, Property Index Number: 08-27-402-059-0000; and

WHEREAS, Cook County has defined abandoned property as buildings and other structures that, after having been vacant and unused for at least 24 months, are purchased for value by a purchaser in whom the seller has no direct financial interest; and

WHEREAS; industrial real estate is normally assessed at 25% of its market value, qualifying industrial real estate eligible for the Class 6b can receive a significant reduction in the level of assessment from the date that new construction or rehabilitation has been completed, or in the case of abandoned property from the date of substantial re-occupancy. Properties receiving Class 6b will be assessed at 10% of the market value for 10 years, 15% for the 11th year and 20% in the 12th year; and

WHEREAS, in the instance where the property does not meet the definition of abandoned property, the municipality or the Board of Commissioners, may determine that special circumstances justify finding that the property is abandoned for purpose of Class 6b; and

WHEREAS, in the case of abandonment of less than 24 months and purchase for value, by a purchaser in whom the seller has no direct financial interest, the County may determine that special circumstances justify finding the property is deemed abandoned; and

WHEREAS, Class 6b requires the validation by the County Board of the shortened period of qualifying abandonment in cases where the facility has been abandoned for less than 24 consecutive months upon purchase for value; and

WHEREAS, the Cook County Board of Commissioners has determined that the building was abandoned for 16 months at the time of application, and that special circumstances are present; and

WHEREAS, the applicant estimates that the re-occupancy will create an estimated 20-30 new full-time jobs, and estimated 5-10 construction jobs; and

WHEREAS, the Village of Elk Grove Village states the Class 6b is necessary for development to occur on this specific real estate. The municipal Resolution cites the special circumstances include that the property has been vacant for less than 24 months; there has been a purchase for value and the building is in need of substantial rehabilitation; and

WHEREAS, the applicant acknowledges that it must provide an affidavit to the Assessor’s Office stipulating that it is in compliance with the County’s Living Wage Ordinance prior to receiving the Class 6b incentive on the subject property.

NOW, THEREFORE, BE IT RESOLVED, by the President and Board of Commissioners of the County of Cook, that the President and Board of Commissioners validate the property located at 1440 Chase Avenue, Elk Grove Village, Cook County, Illinois, is deemed abandoned with special circumstances under the Class 6b; and

BE IT FURTHER RESOLVED, that the County Clerk is hereby authorized and directed to forward a certified copy of this Resolution to the Office of the Cook County Assessor.

126 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

Approved and adopted this 1st day of March 2012.

TONI PRECKWINKLE, President Cook County Board of Commissioners

Attest: DAVID ORR, County Clerk

Commissioner Gorman, seconded by Vice Chairman Murphy, moved Approval of Communication No. 316486. The motion carried.

316487 DEPARTMENT OF CAPITAL PLANNING AND DEVELOPMENT, BUREAU OF ECONOMIC DEVELOPMENT (PROPOSED RESOLUTION). Transmitting a Communication dated January 12, 2012 from Herman Brewer, Director:

respectfully submitting this Resolution regarding CRP Holdings A-2, LLC’s request for a Class 6b property tax incentive for special circumstances for an building located at 1000 Business Center Drive, Mount Prospect, Illinois. The applicant intends to lease to an industrial user for warehousing, manufacturing and/or distribution use.

CRP Holdings A-2, LLC requests approval of the tax incentive based on the special circumstances that the property has been vacant for more than 24 months and there has been no purchase. This Resolution is required so that the company can complete its application to the Assessor of Cook County.

Submitting a Proposed Resolution sponsored by Toni Preckwinkle, President and Elizabeth “Liz” Doody Gorman, County Commissioner.

PROPOSED RESOLUTION

WHEREAS, the Cook County Board of Commissioners has adopted a Real Property Assessment Classification 6b that provides an applicant a reduction in the assessment level for an industrial facility; and

WHEREAS, the County Board of Commissioners has received and reviewed an application from CRP Holdings A-2, LLC and Resolution No. 06-11 from the Village of Mount Prospect for an abandoned industrial facility located at 1000 Business Center Drive, Mount Prospect, Cook County, Illinois, County Board District #17, Property Index Number: 03-35-104-057-0000; and

WHEREAS, Cook County has defined abandoned property as buildings and other structures that, after having been vacant and unused for at least 24 months, are purchased for value by a purchaser in whom the seller has no direct financial interest; and

WHEREAS, industrial real estate is normally assessed at 25% of its market value. Qualifying industrial real estate eligible for the Class 6b can receive a significant reduction in the level of assessment from the date that new construction or rehabilitation has been completed, or in the case of abandoned property from the date of substantial re-occupancy. Properties receiving Class 6b will be assessed at 10% of the market value for 10 years, 15% for the 11th year and 20% in the 12th year; and

WHEREAS, in the instance where the property does not meet the definition of abandoned

127 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

property, the municipality or the Board of Commissioners, may determine that special circumstances justify finding that the property is abandoned for the purpose of Class 6b; and

WHEREAS, in the case of abandonment of over 24 months and no purchase for value by a disinterested buyer, the County may determine that special circumstances justify finding the property is deemed abandoned; and

WHEREAS, Class 6b requires a Resolution by the County Board validating the property is deemed abandoned for the purpose of Class 6b; and

WHEREAS, the Cook County Board of Commissioners has determined that the building has been abandoned for 27 months, at the time of application, with no purchase for value and that special circumstances are present; and

WHEREAS, the re-occupancy will create an estimated 50-100 new full-time jobs, and the number of construction jobs will be determined once a lease has been secured; and

WHEREAS, the Village of Mount Prospect states the Class 6b is necessary for development to occur on this specific real estate. The municipal Resolution cites the special circumstances include that the property has been vacant for over 24 months; there will be no purchase for value; the building is in need of substantial rehabilitation and the Village of Mount Prospect is at a competitive disadvantage with nearby Du Page and Lake Counties and their tax structure; and

WHEREAS, the applicant acknowledges that it must provide an affidavit to the Assessor’s Office stipulating that it is in compliance with the County’s Living Wage Ordinance prior to receiving the Class 6b incentive on the subject property.

NOW, THEREFORE, BE IT RESOLVED, by the President and Board of Commissioners of the County of Cook, that the President and Board of Commissioners validate the property located at 1000 Business Center Drive, Mount Prospect, Cook County, Illinois, is deemed abandoned with special circumstances under the Class 6; and

BE IT FURTHER RESOLVED, that the County Clerk is hereby authorized and directed to forward a certified copy of this Resolution to the Office of the Cook County Assessor.

*Referred to the Finance Subcommittee on Real Estate & Business & Economic Development on 2-1-12.

12-R-101 RESOLUTION Sponsored by THE HONORABLE TONI PRECKWINKLE, PRESIDENT AND ELIZABETH “LIZ” DOODY GORMAN, COUNTY COMMISSIONER

WHEREAS, the Cook County Board of Commissioners has adopted a Real Property Assessment Classification 6b that provides an applicant a reduction in the assessment level for an industrial facility; and

128 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

WHEREAS, the County Board of Commissioners has received and reviewed an application from CRP Holdings A-2, LLC and Resolution No. 06-11 from the Village of Mount Prospect for an abandoned industrial facility located at 1000 Business Center Drive, Mount Prospect, Cook County, Illinois, County Board District #17, Property Index Number: 03-35-104-057-0000; and

WHEREAS, Cook County has defined abandoned property as buildings and other structures that, after having been vacant and unused for at least 24 months, are purchased for value by a purchaser in whom the seller has no direct financial interest; and

WHEREAS, industrial real estate is normally assessed at 25% of its market value. Qualifying industrial real estate eligible for the Class 6b can receive a significant reduction in the level of assessment from the date that new construction or rehabilitation has been completed, or in the case of abandoned property from the date of substantial re-occupancy. Properties receiving Class 6b will be assessed at 10% of the market value for 10 years, 15% for the 11th year and 20% in the 12th year; and

WHEREAS, in the instance where the property does not meet the definition of abandoned property, the municipality or the Board of Commissioners, may determine that special circumstances justify finding that the property is abandoned for the purpose of Class 6b; and

WHEREAS, in the case of abandonment of over 24 months and no purchase for value by a disinterested buyer, the County may determine that special circumstances justify finding the property is deemed abandoned; and

WHEREAS, Class 6b requires a Resolution by the County Board validating the property is deemed abandoned for the purpose of Class 6b; and

WHEREAS, the Cook County Board of Commissioners has determined that the building has been abandoned for 27 months, at the time of application, with no purchase for value and that special circumstances are present; and

WHEREAS, the re-occupancy will create an estimated 50-100 new full-time jobs, and the number of construction jobs will be determined once a lease has been secured; and

WHEREAS, the Village of Mount Prospect states the Class 6b is necessary for development to occur on this specific real estate. The municipal Resolution cites the special circumstances include that the property has been vacant for over 24 months; there will be no purchase for value; the building is in need of substantial rehabilitation and the Village of Mount Prospect is at a competitive disadvantage with nearby Du Page and Lake Counties and their tax structure; and

WHEREAS, the applicant acknowledges that it must provide an affidavit to the Assessor’s Office stipulating that it is in compliance with the County’s Living Wage Ordinance prior to receiving the Class 6b incentive on the subject property.

NOW, THEREFORE, BE IT RESOLVED, by the President and Board of Commissioners of the County of Cook, that the President and Board of Commissioners validate the property located at 1000 Business Center Drive, Mount Prospect, Cook County, Illinois, is deemed abandoned with special circumstances under the Class 6; and

BE IT FURTHER RESOLVED, that the County Clerk is hereby authorized and directed to forward a certified copy of this Resolution to the Office of the Cook County Assessor.

129 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

Approved and adopted this 1st day of March 2012.

TONI PRECKWINKLE, President Cook County Board of Commissioners

Attest: DAVID ORR, County Clerk

Commissioner Gorman, seconded by Commissioner Schneider, moved Approval of Communication No. 316487. The motion carried.

316488 DEPARTMENT OF CAPITAL PLANNING AND DEVELOPMENT, BUREAU OF ECONOMIC DEVELOPMENT (PROPOSED RESOLUTION). Transmitting a Communication dated January 12, 2012 from Herman Brewer, Director:

respectfully submitting this Resolution regarding Lively 901, LLC's request for a Class 6b property tax incentive for special circumstances for an industrial building located at 901 Lively Boulevard, Elk Grove Village, Illinois. The applicant has leased to Panther a logistic company that offers ground, air and ocean freight shipping services.

Lively 901 LLC requests approval of the tax incentive based on the special circumstances that the property has been vacant for less than 24 months and has been purchased for value. This Resolution is required so that the company can complete its application to the Assessor of Cook County.

Submitting a Proposed Resolution sponsored by Toni Preckwinkle, President and Elizabeth “Liz” Doody Gorman, County Commissioner.

PROPOSED RESOLUTION

WHEREAS, the Cook County Board of Commissioners has adopted a Real Property Assessment Classification 6b that provides an applicant a reduction in the assessment level for an industrial facility; and

WHEREAS, the County Board of Commissioners has received and reviewed an application from Lively 901, LLC and Resolution No. 15-11 from the Village of Elk Grove Village for an abandoned industrial facility located at 901 Lively Boulevard, Elk Grove Village, Cook County, Illinois, County Board District #17, Property Index Number: 08- 27-400-087-0000; and

WHEREAS, Cook County has defined abandoned property as buildings and other structures that, after having been vacant and unused for at least 24 months, are purchased for value by a purchaser in whom the seller has no direct financial interest; and

WHEREAS, industrial real estate is normally assessed at 25% of its market value, qualifying industrial real estate eligible for the Class 6b can receive a significant reduction in the level of assessment from the date that new construction or rehabilitation has been completed, or in the case of abandoned property from the date of substantial re-occupancy. Properties receiving Class 6b will be assessed at 10% of the market value for 10 years, 15% for the 11th year and 20% in the 12th year.

WHEREAS, in the instance where the property does not meet the definition of abandoned

130 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

property, the municipality or the Board of Commissioners, may determine that special circumstances justify finding that the property is abandoned for purpose of Class 6b; and

WHEREAS, in the case of abandonment of less than 24 months and purchase for value, by a purchaser in whom the seller has no direct financial interest, the County may determine that special circumstances justify finding the property is deemed abandoned; and

WHEREAS, Class 6b requires the validation by the County Board of the shortened period of qualifying abandonment in cases where the facility has been abandoned for less than 24 consecutive months upon purchase for value; and

WHEREAS, the Cook County Board of Commissioners has determined that the building was abandoned for 18 months at the time of application, and that special circumstances are present; and

WHEREAS, the applicant estimates that the re-occupancy will create 12-17 new full-time jobs and 5-10 construction jobs; and

WHEREAS, the Village of Elk Grove Village states the Class 6b is necessary for development to occur on this specific real estate. The municipal Resolution cites the special circumstances include that the property has been vacant for less than 24 months; will be purchased for value pending approval of the Class 6b; and is in need of substantial rehabilitation; and

WHEREAS, the applicant acknowledges that it must provide an affidavit to the Assessor’s Office stipulating that it is in compliance with the County’s Living Wage Ordinance prior to receiving the Class 6bincentive on the subject property.

NOW, THEREFORE, BE IT RESOLVED, by the President and Board of Commissioners of the County of Cook, that the President and Board of Commissioners validate the property located at 901 Lively Boulevard, Elk Grove Village, Cook County, Illinois, is deemed abandoned with special circumstances under the Class 6b; and

BE IT FURTHER RESOLVED, that the County Clerk is hereby authorized and directed to forward a certified copy of this Resolution to the Office of the Cook County Assessor.

*Referred to the Finance Subcommittee on Real Estate & Business & Economic Development on 2-1-12.

12-R-102 RESOLUTION Sponsored by THE HONORABLE TONI PRECKWINKLE, PRESIDENT AND ELIZABETH “LIZ” DOODY GORMAN, COUNTY COMMISSIONER

WHEREAS, the Cook County Board of Commissioners has adopted a Real Property Assessment Classification 6b that provides an applicant a reduction in the assessment level for an industrial facility; and

131 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

WHEREAS, the County Board of Commissioners has received and reviewed an application from Lively 901, LLC and Resolution No. 15-11 from the Village of Elk Grove Village for an abandoned industrial facility located at 901 Lively Boulevard, Elk Grove Village, Cook County, Illinois, County Board District #17, Property Index Number: 08-27-400-087-0000; and

WHEREAS, Cook County has defined abandoned property as buildings and other structures that, after having been vacant and unused for at least 24 months, are purchased for value by a purchaser in whom the seller has no direct financial interest; and

WHEREAS, industrial real estate is normally assessed at 25% of its market value, qualifying industrial real estate eligible for the Class 6b can receive a significant reduction in the level of assessment from the date that new construction or rehabilitation has been completed, or in the case of abandoned property from the date of substantial re-occupancy. Properties receiving Class 6b will be assessed at 10% of the market value for 10 years, 15% for the 11th year and 20% in the 12th year.

WHEREAS, in the instance where the property does not meet the definition of abandoned property, the municipality or the Board of Commissioners, may determine that special circumstances justify finding that the property is abandoned for purpose of Class 6b; and

WHEREAS, in the case of abandonment of less than 24 months and purchase for value, by a purchaser in whom the seller has no direct financial interest, the County may determine that special circumstances justify finding the property is deemed abandoned; and

WHEREAS, Class 6b requires the validation by the County Board of the shortened period of qualifying abandonment in cases where the facility has been abandoned for less than 24 consecutive months upon purchase for value; and

WHEREAS, the Cook County Board of Commissioners has determined that the building was abandoned for 18 months at the time of application, and that special circumstances are present; and

WHEREAS, the applicant estimates that the re-occupancy will create 12-17 new full-time jobs and 5-10 construction jobs; and

WHEREAS, the Village of Elk Grove Village states the Class 6b is necessary for development to occur on this specific real estate. The municipal Resolution cites the special circumstances include that the property has been vacant for less than 24 months; will be purchased for value pending approval of the Class 6b; and is in need of substantial rehabilitation; and

WHEREAS, the applicant acknowledges that it must provide an affidavit to the Assessor’s Office stipulating that it is in compliance with the County’s Living Wage Ordinance prior to receiving the Class 6b incentive on the subject property.

NOW, THEREFORE, BE IT RESOLVED, by the President and Board of Commissioners of the County of Cook, that the President and Board of Commissioners validate the property located at 901 Lively Boulevard, Elk Grove Village, Cook County, Illinois, is deemed abandoned with special circumstances under the Class 6b; and

BE IT FURTHER RESOLVED, that the County Clerk is hereby authorized and directed to forward a certified copy of this Resolution to the Office of the Cook County Assessor.

Approved and adopted this 1st day of March 2012.

132 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

TONI PRECKWINKLE, President Cook County Board of Commissioners

Attest: DAVID ORR, County Clerk

Commissioner Gorman, seconded by Vice Chairman Murphy, moved Approval of Communication No. 316488. The motion carried.

Chairman Garcia asked the Secretary to the Board to call upon the registered public speaker, in accordance with Cook County Code, Sec. 2-107(dd).

1. George Blakemore, Concerned Citizen

Commissioner Gorman moved to adjourn the meeting, seconded by Commissioner Schneider. The motion carried and the meeting was adjourned.

YOUR COMMITTEE RECOMMENDS THE FOLLOWING ACTION WITH REGARD TO THE MATTERS NAMED HEREIN:

Communication No. 316485 Approved Communication No.r 316486 Approved Communication No.r 316487 Approved Communication No. 316488 Approved

Respectfully submitted,

FINANCE SUBCOMMITTEE ON REAL ESTATE AND BUSINESS AND ECONOMIC DEVELOPMENT

JESUS G. GARCIA, Chairman

ATTEST: MATTHEW B. DeLEON, Secretary ______

Commissioner Daley, seconded by Commissioner Sims, moved that the Report of the Finance Subcommittee on Real Estate and Business and Economic Development be approved and adopted. The motion carried unanimously.

`REPORT OF THE COMMITTEE ON RULES AND ADMINISTRATION

March 1, 2012

The Honorable, The Board of Commissioners of Cook County

ATTENDANCE

Present: Chairman Suffredin, Vice Chairman Gorman, Commissioners Daley, Schneider and Silvestri (5).

133 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

Absent: Commissioners Fritchey, Gainer, Sims and Steele (4).

Also Present: Patrick Driscoll, Jr. – Deputy State’s Attorney, Chief, Civil Actions Bureau.

Ladies and Gentlemen:

Your Committee on Rules and Administration of the Board of Commissioners of Cook County met pursuant to notice on Thursday, March 1, 2012 at the hour of 9:45 A.M. in the Board Room, Room 569, County Building, 118 North Clark Street, Chicago, Illinois.

Your Committee has considered the following item and upon adoption of this report, the recommendations are as follows:

316935 COOK COUNTY CLERK, David Orr, presented in printed form a record of the Journal of the Proceedings held on Wednesday, February 1, 2012.

*Referred to the Committee on Rules and Administration on 2-21-12.

Vice Chairman Gorman, seconded by Commissioner Silvestri, moved Approval of Communication No. 316935. The motion carried.

Vice Chairman Gorman moved to adjourn the meeting, seconded by Commissioner Silvestri. The motion carried and the meeting was adjourned.

YOUR COMMITTEE RECOMMENDS THE FOLLOWING ACTION WITH REGARD TO THE MATTER NAMED HEREIN:

Communication No. 316935 Approved

Respectfully submitted,

COMMITTEE ON RULES AND ADMINISTRATION

LARRY SUFFREDIN, Chairman

ATTEST: MATTHEW B. DeLEON, Secretary ______

Commissioner Suffredin, seconded by Commissioner Gorman, moved that the Report of the Committee on Rules and Administration be approved and adopted. The motion carried unanimously.

DEPARTMENT OF BUILDING AND ZONING

WAIVER OF PERMIT FEES

Transmitting a Communication, dated February 6, 2012 from

MICHAEL FAZIO, Deputy Commissioner, Department of Building and Zoning

134 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012 respectfully request the granting of:

a. The following No Fee Permits for the Chicago Zoological Society at 3300 South Golf Road, Brookfield, Illinois in Proviso Township, County Board District #16.

WAIVER PERMIT DESCRIPTION AMOUNT 111724 Exterior and Façade Restoration, Building 5 $11,706.00 120135 Electrical Upgrade-Perching Bird Exhibit $ 3,965.29 120270 Install 200A subpanel and feeder for bug tent $ 126.00 091415 Roof Repairs to Nyani Restaurant $ 2,070.00

Estimated Fiscal Impact Subtotal: $17,867.29.

b. The following No Fee Permits and Inspection Fee Waivers for the Forest Preserve District of Cook County for work performed on the following District properties:

WAIVER DISTRICT PERMIT PROPERTY DESCRIPTION TOWNSHIP AMOUNT 4 111815 15891 Paxton Roofing and Gutters Thornton $1,506.00 South Holland, IL 6 110564 Ashland Ave. Between Replace Water Line Bloom $60.00 26th St. & Sauk Trail Rd., Sauk Village, IL 9 NONE Invoice #1109812 Inspection of Oak Park Proviso $180.00 Tennis Club 17 101485 11901 S. LaGrange Forty Acre Woods Palos $699.75 Road, Palos Park, IL Multi-Use Trail

Estimated Fiscal Impact Subtotal: $2,445.75.

These requests are pursuant to the County Board's adoption of Ordinance No. 91-O-45 on September 16, 1991 that all building and zoning permit fees be waived for public entities defined as county, township, municipality, municipal corporation, school district, forest preserve district, park district, fire protection district, sanitary district, library district and all other local governmental bodies.

Total Estimated Fiscal Impact: $20,313.04.

100% WAIVED REQUESTS TO BE APPROVED: $20,313.04 100% WAIVED REQUESTS APPROVED FISCAL YEAR 2012 TO PRESENT: $10,413.02

______

Commissioner Silvestri, seconded by Commissioner Sims, moved that the permit fees be waived. The motion carried unanimously.

* * * * *

Transmitting a Communication, dated February 6, 2012 from

135 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

MICHAEL FAZIO, Deputy Commissioner, Department of Building and Zoning

respectfully request the granting of the following 10% Reduced Fee Permits:

TOTAL FEE WAIVER DISTRICT PERMIT ENTITY PROPERTY DESCRIPTION AMOUNT AMOUNT 1 110485 Loyola 2160 S. First Ave., New Data Center, $59,502.52 $53,552.27 University Maywood, IL Stritch School of Medical Proviso Township Medicine Center 1 111617 Loyola 2160 S. First Ave., IT/Phone Room $5,134.13 $4,620.72 University Maywood, IL A/C Replacement Medical Proviso Township Center

This request is pursuant to the County Board's adoption of Ordinance No. 91-O-45 on September 16, 1991 that valid not-for-profit organizations be required to pay ten percent [10%] of the standard permit fee as established by Ordinance.

Estimated Fiscal Impact: $ 58,172.99

90% WAIVED REQUESTS TO BE APPROVED: $58,172.99 90% WAIVED REQUESTS APPROVED FISCAL YEAR 2012 TO PRESENT: $19,501.77

______

Commissioner Silvestri, seconded by Commissioner Sims, moved that the permit fees be waived. The motion carried unanimously.

OFFICE OF CAPITAL PLANNING AND POLICY

CONTRACT

Transmitting a Communication, dated February 10, 2012 from

HERMAN BREWER, Chief, Bureau of Economic Development and MARIA DE LOURDES COSS, Chief Procurement Officer

requesting authorization for the Chief Procurement Officer to enter into and execute a contract with U.S. Equities Realty, Chicago, Illinois, for Construction Management Administration Services (CMA) for the New RTU-RCDC Project at the Department of Corrections. This firm was selected from the Request for Qualifications process and found to be well qualified to perform the complete scope of services.

Reason: This contract provides for the daily oversite and inspection of construction activities. The CMA will function as one of the primary contacts and authorities on construction administrative activities to ensure the optimization of the budget and that service delivery remains on track. Savings that resulted from the negotiations of the contract with U.S. Equities Realty equaled $273,186.00.

136 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

Estimated Fiscal Impact: $1,600,000.00.

20000 County Physical Plant.

The Purchasing Agent concurs.

Vendor has met the Minority and Women Business Enterprise Ordinance. ______

Commissioner Sims, seconded by Commissioner Butler, moved that the request of the Chief Bureau of Economic Development be approved, as amended and that the Chief Procurement Officer be authorized to enter into the requested contract. The motion carried unanimously.

DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT

GRANT AWARD ADDENDUM

Transmitting a Communication, dated February 10, 2012 from

MICHAEL MASTERS, Executive Director, Department of Homeland Security and Emergency Management requesting authorization to accept a grant extension from January 1, 2012 to June 30, 2014 from the Illinois Emergency Management Agency. This extension will provide Cook County with $437,325.00 under the State-Local Hazard Mitigation Grant Program (HMGP) provided by the Federal Emergency Management Agency (FEMA). This grant program provides financial assistance for the planning and coordination of multi hazard disaster mitigation efforts of participating municipalities within Cook County. Funds provided under this agreement have a 25% Grantee cost share match requirement. The match requirement will be met through a cash match provided by the County.

The authorization to accept the original grant was given on May 4, 2010 by the Cook County Board of Commissioners in the amount of $437,325.00.

Estimated Fiscal Impact: $145,775.00. Funding period extension: January 1, 2012 through June 30, 2014. (647-818 Account).

The Budget Department has received all requisite documents and determined the fiscal impact on Cook County, if any. ______

Commissioner Tobolski, seconded by Commissioner Goslin, moved that the request of the Executive Director of the Department of Homeland Security and Emergency Management be approved and that the Proper Officials be authorized to sign on behalf of Cook County. The motion carried unanimously.

* * * * *

Transmitting a Communication, dated February 9, 2012 from

MICHAEL MASTERS, Executive Director, Department of Homeland Security and Emergency Management

137 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

requesting authorization to accept a supplemental grant award in the amount of $86,380.78 from the Illinois Emergency Management Agency (IEMA). The Emergency Management Performance Grant (EMPG) Program is designed to assist state and local governments sustain and enhance all-hazards emergency management capabilities. Grant funds reimburse up to fifty percent of administrative costs for day to day emergency management activities. These costs include; personnel, equipment as well as trainings and exercises for Emergency Management Agency staff.

The authorization to accept the original grant was given on July 12, 2011 by the Cook County Board of Commissioners in the amount of $480,042.29.

Estimated Fiscal Impact: None. Supplemental Grant Award: $86,380.78. Funding Period: October 1, 2010 through September 30, 2012.

The Budget Department has received all requisite documents and determined the fiscal impact on Cook County, if any. ______

Commissioner Tobolski, seconded by Commissioner Goslin, moved that the request of the Executive Director of the Department of Homeland Security and Emergency Management be approved and that the Proper Officials be authorized to sign on behalf of Cook County. The motion carried unanimously.

INTERGOVERNMENTAL AGREEMENT

Transmitting a Communication, dated February 10, 2012 from

MICHAEL MASTERS, Executive Director, Department of Homeland Security and Emergency Management requesting authorization for the Chief Procurement Officer to enter into and execute an intergovernmental agreement between Cook County through it Department of Homeland Security and Emergency Management and the Public Building Commission of Chicago to undertake a program to integrate, upgrade and expand the County's existing surveillance network systems and, through approved consultants, contractors, and integrators, to plan, develop, implement, maintain and provide equipment, software and services for a surveillance network.

This agreement has been reviewed and approved as to form by the Cook County State’s Attorney’s Office.

Estimated Fiscal Impact: None.

The Budget Department has received all requisite documents and determined the fiscal impact on Cook County, if any. ______

Commissioner Tobolski, seconded by Commissioner Goslin, moved that the request of the Executive Director of the Department of Homeland Security and Emergency Management be approved and that the Proper Officials be authorized to sign on behalf of Cook County. The motion carried unanimously.

138 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

HIGHWAY DEPARTMENT

CONTRACTS

Transmitting a Communication, dated February 3, 2012, from

JOHN YONAN, P.E., Superintendent of Highways

Quentin Road, Illinois Avenue to Northwest Highway in the Village of Palatine in County Board District #14 Section: 11-V6244-02-RS requesting authorization for approval and execution of Contract No. 11-28-158, Section No. 11-V6244- 02-RS with A-Lamp Concrete Contractors, Schaumburg, Illinois.

Competitive bidding procedures were followed in accordance with the Cook County Procurement Ordinance. On November 9, 2011, eight (8) bidders responded. A-Lamp Concrete Construction was the lowest responsive and responsible bidder and is recommended for award. A-Lamp Concrete Contractors will provide full depth concrete patching of the existing pavement where it has shown signs of failure and shall include removal and replacement of curb and gutter, bituminous overlay, median removal and concrete pavement replacement, drainage additions and adjustments, traffic signal loop detector removal and replacement, traffic control and protection, landscaping, signing, pavement marking, engineering and other necessary highway appurtenances.

Estimated Fiscal Impact: $3,782,575.50. (600-600 Account).

The Purchasing Agent concurs.

Vendor has met the Minority and Women Business Enterprise Ordinance. ______

Commissioner Sims, seconded by Commissioner Gorman, moved that the Chief Procurement Officer be authorized to enter into the requested contract. The motion carried unanimously.

* * * * *

Transmitting a Communication, dated February 6, 2012, from

JOHN YONAN, P.E., Superintendent of Highways

Bartlett Road, Lake Street to Golf Road in the Village of Bartlett in County Board District #15 Section: 11-V4738-02-RP requesting authorization for approval and execution of Contract No. 11-28-186, Section No.11-V4738-02- RS with Triggi Construction, Inc., West Chicago, Illinois.

Competitive bidding procedures were followed in accordance with the Cook County procurement Ordinance. On January 25, 2012, eight (8) bidders responded. Triggi Construction, Inc. was the lowest responsive and responsible bidder and is recommended for award. Triggi Construction, Inc. will provide full depth concrete patching of the existing pavement where it has shown signs of failure and shall include diamond grinding concrete pavement, curb and gutter repairs, median repairs, adjustments or reconstruction of existing drainage structures, joint repairs, crack routing and sealing, removal and

139 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012 replacement of Raised Reflective Pavement Markers and traffic signal loop detectors, traffic control and protection, landscaping, pavement marking, engineering and other necessary highway appurtenances. It shall also include minor substructure concrete repairs and deck slab repairs to the Bartlett Road Bridge over Poplar Creek (south of Golf Road).

Estimated Fiscal Impact: $3,000,084.60. (600-600 Account).

The Purchasing Agent concurs.

Vendor has met the Minority and Women Business Enterprise Ordinance. ______

Commissioner Sims, seconded by Commissioner Gorman, moved that the Chief Procurement Officer be authorized to enter into the requested contract. The motion carried unanimously.

* * * * *

Transmitting a Communication, dated February 10, 2012, from

JOHN YONAN, P.E., Superintendent of Highways

Motor Fuel Tax Project Joe Orr Road, East of Stony Island Avenue to Torrence Avenue in the Villages of Ford Heights and Lynwood in County Board District #6 Federal Project No.: M-9003 (741) Federal Job No.: C-91-184-11 Section: 09-B6736-03-RP requesting authorization for approval and execution of Contract No. 11-28-160, Section No. 09-B6736- 03-RP with D Construction, Inc., Coal City, Illinois.

Competitive bidding procedures were followed in accordance with the Cook County Procurement Ordinance. On November 30, 2011, six (6) bidders responded. D Construction, Inc. was the lowest responsive and responsible bidder and is recommended for award. D Construction Inc. will provide relocation of existing Joe Orr Road to the south by the construction of a new four (4) lane pavement from east of Stony Island Avenue to Torrence Avenue to provide two (2) lanes in each direction separated by a continuous median and shall include curb and gutter, enclosed drainage system with detention facility, channelization, traffic signals, sidewalks, traffic control, signing, pavement marking, landscaping, construction engineering and other necessary highway appurtenances.

Estimated Fiscal Impact: $7,181,814.19. (600-600 Account).

The Purchasing Agent concurs.

Vendor has met the Minority and Women Business Enterprise Ordinance. ______

Commissioner Sims, seconded by Commissioner Gorman, moved that the Chief Procurement Officer be authorized to enter into the requested contract. The motion carried unanimously.

INTERGOVERNMENTAL AGREEMENT

140 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

Transmitting a Communication, dated February 7, 2012, from

JOHN YONAN, P.E., Superintendent of Highways

Intergovernmental Agreement with the Cities of Palos Hills and Hickory Hills the State of Illinois/Department of Natural Resources 88thAvenue, 103rdStreet to 87th Street in the Cities of Hickory Hills and Palos Hills in County Board District #17 Section: 03-W3017-03-FP Centerline Mileage: 2.01 miles Fiscal Impact: $953,481.00 ($71,000.00 to be reimbursed from the State of Illinois/Department of Natural Resources) from the Motor Fuel Tax Fund (600-600 Account)

Intergovernmental Agreement for the 88th Avenue/99th Street Storm Water Detention Project, Contract No. 263, with the State of Illinois/Department of Natural Resources and the City of Palos Hills, where in Cook County will be the lead agency to let, award a contract and supervise construction for a storm water detention basin and associated appurtenances as part of its roadway reconstruction improvement along 88th Avenue from 103rd Street to 87th Street, to be identified as Cook County Section: 03-W3017-03-FP (estimated detention basin construction cost $953,481.00). The Department of Natural Resources will reimburse Cook County up to a maximum $71,000.00 towards said construction costs and the County will be responsible for the remaining balance. The City of Palos Hills will own, operate and maintain the detention basin upon completion.

12-R-103 RESOLUTION Sponsored by THE HONORABLE TONI PRECKWINKLE PRESIDENT OF THE COOK COUNTY BOARD OF COMMISSIONERS

RESOLVED, that the President of the Board of Commissioners of Cook County, Illinois, on behalf of the County of Cook, is hereby authorized and directed by the Members of said Board, to execute by original signature or his authorized signature stamp, three (3) copies of an Intergovernmental Agreement for the 88th Avenue/99th Street Storm Water Detention Project, Contract No. 263, with the State of Illinois/Department of Natural Resources and the City of Palos Hills, attached, wherein Cook County will be the lead agency to let, award a contract and supervise construction for a storm water detention basin and associated appurtenances as part of its roadway reconstruction improvement along 88th Avenue from 103rd Street to 87th Street, to be identified as Cook County Section: 03-W3017-03-FP (estimated detention basin construction cost $953,481.00); that the Department of Natural Resources will reimburse Cook County up to a maximum $71,000.00 towards said construction costs; that the City of Palos Hills will own, operate and maintain the detention basin upon completion; and, the Department of Highways is authorized and directed to return three (3) copies of this Resolution with Agreement to the State of Illinois/Department of Natural Resources for further processing.

Approved and adopted this 1st day of March 2012.

TONI PRECKWINKLE, President Cook County Board of Commissioners

141 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

Attest: DAVID ORR, County Clerk ______

Commissioner Sims, seconded by Commissioner Gorman, moved that the Resolution be approved and adopted, as amended. The motion carried unanimously.

* * * * * Transmitting a Communication, dated February 7, 2012, from

JOHN YONAN, P.E., Superintendent of Highways

Intergovernmental Agreement with the Village of South Holland 170th (167th) Street, South Park Avenue (Chicago Road) to west of the Bishop Ford Freeway (I-94) in the Village of South Holland in County Board District #6 Section: 08-B5934-04-RP Centerline Mileage: 1.17 miles Fiscal Impact: $1,079,544.00 ($251,689.00 to be reimbursed from the Village of South Holland) from the Motor Fuel Tax Fund (600-600 Account)

Intergovernmental Agreement with the Village of South Holland, wherein the County will include tree plantings/landscaping, street lighting and water main relocation for the Village as part of its improvement project along 170th (167th) Street from South Park Avenue (Chicago Road) to west of the Bishop Ford Freeway(I-94), Section: 08-B5934-04-RP.

In consideration of said tree plantings/landscaping, the Village will operate and maintain the landscaped parkways along this roadway segment. The Village will reimburse Cook County for its share of street lighting and watermain construction costs in excess of the federal share of said costs, estimated Village share $251,689.00, and the County will reimburse the Village for construction engineering services, estimated County cost $32,400.00. A separate Local Agency Agreement for Federal Participation for this improvement was previously approved by your Honorable Body on February 1, 2012 and said funding will cover a portion of the Village obligations.

12-R-104 RESOLUTION Sponsored by THE HONORABLE TONI PRECKWINKLE PRESIDENT OF THE COOK COUNTY BOARD OF COMMISSIONERS

RESOLVED by the members of The Board of Commissioners of Cook County, Illinois, on behalf of the County of Cook, to authorize and direct its President to execute, by original signature or his authorized signature stamp, two (2) copies of an Intergovernmental Agreement with the Village of South Holland, said agreement attached, wherein the County will include tree plantings/landscaping, street lighting and water main relocation for the Village as part of the County’s roadway reconstruction project along 170th (167th) Street from South Park Avenue (Chicago Road) to west of the Bishop Ford Freeway (I-94), Section: 08-B5934-04-RP; and, in consideration of said tree plantings/landscaping, the Village will operate and maintain the landscaped parkways along 170th (167th) Street from South Park Avenue to Kimbark Avenue; and, the County will reimburse the Village for construction engineering services in the

142 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012 amount of $32,400.00; and, the Village will reimburse the County of Cook for its share of street lighting and water main construction costs, estimated Village share $251,689.00; and, the Department of Highways is authorized and directed to return an executed copy of this Resolution with Agreement to the Village of South Holland and implement the terms of the Agreement.

Approved and adopted this 1st day of March 2012.

TONI PRECKWINKLE, President Cook County Board of Commissioners

Attest: DAVID ORR, County Clerk ______

Commissioner Sims, seconded by Commissioner Gorman, moved that the Resolution be approved and adopted. The motion carried unanimously.

LOCAL AGENCY AGREEMENT FOR JURISDICTIONAL TRANSFER RESOLUTION

Transmitting a Communication, dated February 3, 2012, from

JOHN YONAN, P.E., Superintendent of Highways

First Amendment to Local Agency Agreement for Jurisdictional Transfer Wentworth Avenue, Glenwood-Lansing Road to Ridge Road in the Village of Lansing in County Board District #6 Section: 95-W6606-01-FP Centerline Mileage: 1.40 miles Fiscal Impact: $5,000,000.00 ($84,773.50 to be reimbursed from the Village of Lansing) from the Motor Fuel Tax Fund (600-600 Account) respectfully submit to your Honorable Body and recommend for adoption of a Resolution with First Amendment to a Local Agency Agreement for Jurisdictional Transfer between the Illinois Department of Transportation, the Village of Lansing and Cook County for the transfer of jurisdiction of Wentworth Avenue from Glenwood-Lansing Road to Ridge Road. The transfer of jurisdiction from the County to the Village became effective on September 25, 1995 upon execution of the Agreement by the State of Illinois.

Previously, your Honorable Body approved a Local Agency Agreement for Jurisdictional Transfer of Wentworth Avenue on September 8, 1995, wherein the County will design and construct improvements along Wentworth Avenue subject to right-of-way acquisition by the Village. Subsequently, the Village has requested changes to the improvement scope of work through the natural course of design and to meet the needs of the community, including sidewalk, street light relocation and Emergency Vehicle Pre- emptive Device (EVPD) installation. This Amendment reflects the changes to the improvement scope of work, obligations regarding right-of-way acquisition, preparation of contract plans, award date of construction and extensive drainage design revisions that were not anticipated in the Agreement. Further, the Village of Lansing is to reimburse Cook County for its share of the improvement costs (estimated Village share $84,773.50). The First Amendment has been examined and approved by this Department and by the State’s Attorney’s Office.

143 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

12-R-105 RESOLUTION Sponsored by THE HONORABLE TONI PRECKWINKLE PRESIDENT OF THE COOK COUNTY BOARD OF COMMISSIONERS

RESOLVED, by the Members of the Board of Commissioners of Cook County, Illinois, on behalf of the County of Cook, to authorize and direct its President to execute, by original signature or his authorized signature stamp, five (5) copies of a First Amendment to Local Agency Agreement for Jurisdictional Transfer with the Village of Lansing and the State of Illinois, said Agreement approved by this Honorable Body on September 8, 1995, wherein said Agreement is amended to reflect changes to the improvement scope of work as requested by the Village to meet the needs of the community, including sidewalk installation, street light relocation and EVPD installation; and, the County will include said work as part of its improvements along Wentworth Avenue from Glenwood Lansing Road to Ridge Road, Section: 95-W6606-01-FP; and, the Village of Lansing is to reimburse Cook County for its share of the improvement costs (estimated Village share $84,773.50); and, the Department of Highways is directed to return five executed copies of said First Amendment with this Resolution attached to the Illinois Department of Transportation for further processing. Approved and adopted this 1st day of March 2012.

TONI PRECKWINKLE, President Cook County Board of Commissioners

Attest: DAVID ORR, County Clerk ______

Commissioner Sims, seconded by Commissioner Gorman, moved that the Resolution be approved and adopted. The motion carried unanimously.

MAINTENANCE RESOLUTION

Transmitting a Communication, dated February 8, 2012 from

JOHN YONAN, P.E., Superintendent of Highways

Motor Fuel Tax Project Highway Maintenance Resolution Purchase of Hot Patch Materials Maintenance Districts #1 and #2 in County Board Districts #9, 13, 14, 15 and 17 Section: 12-HBITN-06-GM Fiscal Impact: $300,000.00 from the Motor Fuel Tax Fund (600-600 Account)

12-R-106 RESOLUTION Sponsored by

144 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

THE HONORABLE TONI PRECKWINKLE PRESIDENT OF THE COOK COUNTY BOARD OF COMMISSIONERS

RESOLVED, by the County Board of Commissioners, Cook County, that $300,000.00 is appropriated from the Motor Fuel Tax allotment for the purchase of Hot Patch Material for use on various County Highways and meeting the requirements of the Illinois Highway Code.

Description Amount Bituminous Hot Patch Materials, 3,685 tons $ 240,000.00 to be prepared and furnished to northern County Maintenance forces in Maintenance Districts #1 and #2 Contingencies $ 60,000.00

Total $300,000.00 and be it further

RESOLVED, that the above designated Hot Patch Materials be purchased under the provisions of said Illinois Highway Code for a period of one year from the date of award of the contract identified as Section: 12-HBITN-06-GM and be it further

RESOLVED, that the County Superintendent of Highways shall, as soon as practicable after the close of the period as given above, submit to the Department of Transportation, on forms furnished by said Department, a certified statement showing expenditures from and balances remaining in funds authorized for expenditure by said Department under this appropriation, and be it further

RESOLVED, that the County Clerk is hereby directed to transmit two certified copies of this resolution to the district office of the Department of Transportation.

Approved and adopted this 1st day of March 2012.

TONI PRECKWINKLE, President Cook County Board of Commissioners

Attest: DAVID ORR, County Clerk ______

Commissioner Sims, seconded by Commissioner Gorman, moved that the Resolution be approved and adopted. The motion carried unanimously.

* * * * *

Transmitting a Communication, dated February 8, 2012 from

JOHN YONAN, P.E., Superintendent of Highways

Motor Fuel Tax Project Highway Maintenance Resolution Purchase of Hot Patch Materials Maintenance Districts #3, #4 and #5 in County Board Districts #1, 4, 5, 6, 9, 11, 16 and 17

145 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

Section: 12-HBITS-06-GM Fiscal Impact: $300,000.00 from the Motor Fuel Tax Fund (600-600 Account)

12-R-107 RESOLUTION Sponsored by THE HONORABLE TONI PRECKWINKLE PRESIDENT OF THE COOK COUNTY BOARD OF COMMISSIONERS

RESOLVED, by the County Board of Commissioners, Cook County, that $300,000.00 is appropriated from the Motor Fuel Tax allotment for the purchase of Hot Patch Material for use on various County Highways and meeting the requirements of the Illinois Highway Code.

Description Amount Bituminous Hot Patch Materials, 3,685 tons $ 240,000.00 to be prepared and furnished to southern and central County Maintenance forces in Maintenance Districts #3, #4 and #5 Contingencies $ 60,000.00

Total $300,000.00 and be it further

RESOLVED, that the above designated Hot Patch Materials be purchased under the provisions of said Illinois Highway Code for a period of one year from the date of award of the contract identified as Section: 12-HBITS-06-GM and be it further

RESOLVED, that the County Superintendent of Highways shall, as soon as practicable after the close of the period as given above, submit to the Department of Transportation, on forms furnished by said Department, a certified statement showing expenditures from and balances remaining in funds authorized for expenditure by said Department under this appropriation, and be it further

RESOLVED, that the County Clerk is hereby directed to transmit two certified copies of this resolution to the district office of the Department of Transportation.

Approved and adopted this 1st day of March 2012.

TONI PRECKWINKLE, President Cook County Board of Commissioners

Attest: DAVID ORR, County Clerk ______

Commissioner Sims, seconded by Commissioner Gorman, moved that the Resolution be approved and adopted. The motion carried unanimously.

* * * * *

Transmitting a Communication, dated February 8, 2012 from

146 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

JOHN YONAN, P.E., Superintendent of Highways

Motor Fuel Tax Project Highway Maintenance Resolution Purchase of Cold Patch Materials Maintenance Districts #1 and #2 in County Board Districts #9, 13, 14, 15 and 17 Section: 12-CBITN-06-GM Fiscal Impact: $105,000.00 from the Motor Fuel Tax Fund (600-600 Account)

12-R-108 RESOLUTION Sponsored by THE HONORABLE TONI PRECKWINKLE PRESIDENT OF THE COOK COUNTY BOARD OF COMMISSIONERS

RESOLVED, by the County Board of Commissioners, Cook County, that $105,000.00 is appropriated from the Motor Fuel Tax allotment for the purchase of Cold Patch Material for use on various County Highways and meeting the requirements of the Illinois Highway Code.

Description Amount Bituminous Cold Patch Materials, 800 tons $ 84,000.00 to be prepared and furnished to northern County Maintenance forces in Maintenance Districts #1 and #2 Contingencies $ 21,000.00

Total $ 105,000.00 and be it further

RESOLVED, that the above designated Cold Patch Materials be purchased under the provisions of said Illinois Highway Code for a period of one year from the date of award of the contract identified as Section: 12-CBITN-06-GM and be it further

RESOLVED, that the County Superintendent of Highways shall, as soon as practicable after the close of the period as given above, submit to the Department of Transportation, on forms furnished by said Department, a certified statement showing expenditures from and balances remaining in funds authorized for expenditure by said Department under this appropriation, and be it further

RESOLVED, that the County Clerk is hereby directed to transmit two certified copies of this resolution to the district office of the Department of Transportation.

Approved and adopted this 1st day of March 2012.

TONI PRECKWINKLE, President Cook County Board of Commissioners

Attest: DAVID ORR, County Clerk ______

147 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

Commissioner Sims, seconded by Commissioner Gorman, moved that the Resolution be approved and adopted. The motion carried unanimously.

* * * * *

Transmitting a Communication, dated February 8, 2012, from

JOHN J. BEISSEL, P.E., Acting Superintendent of Highways

Motor Fuel Tax Project Highway Maintenance Resolution Purchase of Cold Patch Materials Maintenance Districts #3, #4 and #5 in County Board Districts #1, 4, 5, 6, 9, 11, 16 and 17 Section: 12-CBITS-06-GM Fiscal Impact: $95,000.00 from the Motor Fuel Tax Fund (600-600 Account)

12-R-109 RESOLUTION Sponsored by THE HONORABLE TONI PRECKWINKLE PRESIDENT OF THE COOK COUNTY BOARD OF COMMISSIONERS

RESOLVED, by the County Board of Commissioners, Cook County, that $95,000.00 is appropriated from the Motor Fuel Tax allotment for the purchase of Cold Patch Material for use on various County Highways and meeting the requirements of the Illinois Highway Code.

Description Amount Bituminous Cold Patch Materials, 800 tons $ 76,000.00 to be prepared and furnished to southern and central County Maintenance forces in Maintenance Districts #3, #4 and #5

Contingencies $ 19,000.00

Total $ 95,000.00 and be it further

RESOLVED, that the above designated Cold Patch Materials be purchased under the provisions of said Illinois Highway Code for a period of one year from the date of award of the contract identified as Section: 12-CBITS-06-GM and be it further

RESOLVED, that the County Superintendent of Highways shall, as soon as practicable after the close of the period as given above, submit to the Department of Transportation, on forms furnished by said Department, a certified statement showing expenditures from and balances remaining in funds authorized for expenditure by said Department under this appropriation, and be it further

RESOLVED, that the County Clerk is hereby directed to transmit two certified copies of this resolution to the district office of the Department of Transportation.

148 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

Approved and adopted this 1st day of March 2012.

TONI PRECKWINKLE, President Cook County Board of Commissioners

Attest: DAVID ORR, County Clerk ______

Commissioner Sims, seconded by Commissioner Gorman, moved that the Resolution be approved and adopted. The motion carried unanimously.

CHANGES IN PLANS AND EXTRA WORK

Transmitting a Communication, dated February 2, 2012 from

JOHN J. BEISSEL, P.E., Acting Superintendent of Highways

I herewith present the following recommendation for change in plans and extra work involved on this improvement in the Village of Deerfield, County Board District #14.

AUTH. NO. SECTION DESCRIPTION AMOUNT 3 01-A5020-02-RP Adjustment of $121,619.73 Lake Cook Road - quantities (Addition) East of Wilmot Road to Pfingsten Road

The quantities as shown on the contract documents were estimated for bidding purposes only. This change represents the difference between the estimated quantities and actual field quantities of work performed with increases in aggregate subgrade, concrete pavement channel excavation, and various drainage and electrical work, which were required due to existing field conditions.

I respectfully recommend approval by your Honorable Body. ______

Commissioner Sims, seconded by Commissioner Murphy, moved that the communication be referred to the Committee on Roads and Bridges. (Comm. No. 316939). The motion carried unanimously.

* * * * *

Transmitting a Communication, dated February 2, 2012 from

JOHN J. BEISSEL, P.E., Acting Superintendent of Highways

I herewith present the following recommendation for change in plans and extra work involved on this improvement in the Village of Wheeling and the City of Prospect Heights, County Board Districts #14 and 17.

AUTH. NO. SECTION DESCRIPTION AMOUNT 1 10-A7816-02-RS Adjustment of $176,799.17 Group 1-2011:- quantities and new items (Deduction) Willow Road-

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Schoenbeck Road to Wheeling Road, Wheeling Road- Camp McDonald Road to Palatine Road

The quantities as shown on the contract documents were estimated for bidding purposes only. This change represents the difference between the estimated quantities and actual field quantities of work performed with substantial savings due to less quantities required for hot-in-place heater scarifying, pavement patches, hot-mix asphalt surface course, and neoprene expansion joint removal.

I respectfully recommend approval by your Honorable Body. ______

Commissioner Sims, seconded by Commissioner Murphy, moved that the communication be referred to the Committee on Roads and Bridges. (Comm. No. 316940). The motion carried unanimously.

* * * * *

Transmitting a Communication, dated January 18, 2012 from

JOHN J. BEISSEL, P.E., Acting Superintendent of Highways

I herewith present the following recommendation for change in plans and extra work involved on this improvement in the Villages of Tinley Park, Orland Hills and Orland Park, County Board District #17.

AUTH. NO. SECTION DESCRIPTION AMOUNT 3 11-B6022-04-RP Adjustmentof $6,328.24 171st Street quantities and (Deduction) LaGrange Road to Harlem Avenue new item

The quantities as shown on the contract documents were estimated for bidding purposes only. This change represents the difference between the estimated quantities and actual field quantities of work performed with savings due to less quantity required for perforated PVC pipe, pavement markings and the elimination of the contract extra work items.

A new item was required for repair of catch basins which were in a deteriorated condition.

I respectfully recommend approval by your Honorable Body. ______

Commissioner Sims, seconded by Commissioner Murphy, moved that the communication be referred to the Committee on Roads and Bridges. (Comm. No. 316941). The motion carried unanimously.

* * * * *

Transmitting a Communication, dated February 2, 2012 from

JOHN J. BEISSEL, P.E., Acting Superintendent of Highways

150 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

I herewith present the following recommendation for change in plans and extra work involved on this improvement in the City of Oak Forest and unincorporated Cook County, County Board District #6.

AUTH. NO. SECTION DESCRIPTION AMOUNT 3 and Final 08-B5927-02-RP Adjustment of $61,271.56 167th Street quantities and (Deduction) Central Avenue to Cicero Avenue new items

The quantities as shown on the contract documents were estimated for bidding purposes only. This change represents the difference between the estimated quantities and actual field quantities of work performed with savings on extra work items.

New items were added for blasting, pressure washing, patching and repairing holes in the pavement left by the removal of raised reflective pavement markers along 167th Street, which were required but not included in the original contract.

I respectfully recommend approval by your Honorable Body. ______

Commissioner Sims, seconded by Commissioner Murphy, moved that the communication be referred to the Committee on Roads and Bridges. (Comm. No. 316942). The motion carried unanimously.

* * * * *

Transmitting a Communication, dated February 2, 2012 from

JOHN J. BEISSEL, P.E., Acting Superintendent of Highways

I herewith present the following recommendation for change in plans and extra work involved on this improvement in the City of Country Club Hills and the Village of Hazel Crest, County Board District #5.

AUTH. NO. SECTION DESCRIPTION AMOUNT 1 11-B6128-05-RP Adjustment of $100,127.12 175th Street quantities and (Deduction) Cicero Avenue to Kedzie Avenue new item

The quantities as shown on the contract documents were estimated for bidding purposes only. This change represents the difference between the estimated quantities and actual field quantities of work performed with substantial savings due to less quantities required for diamond grinding concrete pavement, concrete pavement patches, detector loop, hot-mix asphalt shoulder and crack and joint routing and sealing.

A new item was required for repairing other catch basins that were not addressed by curb and gutter replacement.

I respectfully recommend approval by your Honorable Body. ______

Commissioner Sims, seconded by Commissioner Murphy, moved that the communication be referred to the Committee on Roads and Bridges. (Comm. No. 316943). The motion carried unanimously.

* * * * *

151 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

Transmitting a Communication, dated February 1, 2012 from

JOHN J. BEISSEL, P.E., Acting Superintendent of Highways

I herewith present the following recommendation for change in plans involved in this improvement.

AUTH NO. SECTION DESCRIPTION AMOUNT 1 & Final 10-8SPAM-31-GM Final Adjustment $86,000.56 Sign Panel Assembly of Quantities (Deduction) Maintenance-2010

The quantities as shown on the contract documents were estimated for bidding purposes only. This change represents the difference between the estimated quantities and actual field quantities for work performed.

I respectfully recommend approval by your Honorable Body. ______

Commissioner Sims, seconded by Commissioner Murphy, moved that the communication be referred to the Committee on Roads and Bridges. (Comm. No. 316944). The motion carried unanimously.

REPORT

Transmitting a Communication

JOHN YONAN, P.E., Superintendent of Highways submitting the Bureau of Construction's Progress Report for the month ending January 31, 2012. ______

Commissioner Sims, seconded by Commissioner Gorman, moved that the communication be referred to the Committee on Roads and Bridges. (Comm. No. 316945). The motion carried unanimously.

BUREAU OF HUMAN RESOURCES

REPORT

Transmitting a Communication, dated March 1, 2012 from

MAUREEN T. O’DONNELL, Chief, Bureau of Human Resources and TAKASHI REINBOLD, Interim County Comptroller submitting the Human Resources Activity report covering the two (2) week pay period for Pay Period 2 ending January 14, 2012.

152 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

______

Commissioner Daley, seconded by Commissioner Sims, moved that the communication be received and filed. The motion carried unanimously.

PROPOSED RESOLUTIONS

Transmitting a Communication dated, March 1, 2012 from

MAUREEN O’DONNELL, Chief, Bureau of Human Resources

Transmitting herewith a Salary Schedule for your consideration and approval

Submitting a Proposed Resolution sponsored by:

TONI PRECKWINKLE, President, Cook County Board of Commissioners

PROPOSED RESOLUTION

PROPOSED RESOLUTION APPROVING SALARY SCHEDULES NEGOTIATED BETWEEN THE COUNTY OF COOK AND THE NATIONAL NURSES ORGANIZING COMMITTEE

WHEREAS, the Illinois Public Employee Labor Relations Act (5 ILCS 315/1 et seq.) has established regulations regarding collective bargaining with a union; and

WHEREAS, the Salary Schedules and wage adjustments for the period of December 1, 2008 through November 30, 2012 have been negotiated between the County of Cook and the National Nurses Organizing Committee (NNOC) representing) registered nurses; and

WHEREAS, the general increases and wage adjustments that have been negotiated are reflected in the Salary Schedules and are included in the Collective Bargaining Agreement negotiated between the County of Cook and the National Nurses Organizing Committee (NNOC); and

NOW, THEREFORE, BE IT RESOLVED, that the Cook County Board of Commissioners does hereby approve the Salary Schedules and wage adjustments negotiated between the County of Cook and the National Nurses Organizing Committee (NNOC) provided by the Bureau of Human Resources.

BE IT FURTHER RESOLVED, that the Chief of the Bureau of Human Resources and the Cook County Comptroller are hereby authorized to implement the Salary Schedules and wage adjustments as negotiated. ______

In accordance with Cook County Code Section 2-107(z)(1) Amendment or suspension of rules, Commissioner Daley, seconded by Commissioner Sims, moved to suspend Section 2-107(h)(1) Prior notice to public; agendas. The motion carried unanimously.

Commissioner Sims, seconded by Commissioner Garcia, moved that the Proposed Resolution be referred to the Finance Subcommittee on Labor. (Comm. No. 316967). The motion carried unanimously.

* * * * *

153 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

Transmitting a Communication dated, March 1, 2012 from

MAUREEN O’DONNELL, Chief, Bureau of Human Resources

Transmitting herewith a Salary Schedule for your consideration and approval

Submitting a Proposed Resolution sponsored by:

TONI PRECKWINKLE, President, Cook County Board of Commissioners

PROPOSED RESOLUTION

PROPOSED RESOLUTION APPROVING SALARY SCHEDULES NEGOTIATED BETWEEN THE COUNTY OF COOK AND THE HOUSE STAFF ASSOCIATION OF COOK COUNTY

WHEREAS, the Illinois Public Employee Labor Relations Act (5 ILCS 315/1 et seq.) has established regulations regarding collective bargaining with a union; and

WHEREAS, the Salary Schedules and wage adjustments for the period of December 1, 2008 through November 30, 2012 have been negotiated between the County of Cook and the House Staff Association of Cook County representing post graduate level physicians and chief residents; and

WHEREAS, the general increases and wage adjustments that have been negotiated are reflected in the Salary Schedules and are included in the Collective Bargaining Agreement negotiated between the County of Cook and the House Staff Association of Cook County.

NOW, THEREFORE, BE IT RESOLVED, that the Cook County Board of Commissioners does hereby approve the Salary Schedules and wage adjustments negotiated between the County of Cook and the House Staff Association of Cook County provided by the Bureau of Human Resources; and

BE IT FURTHER RESOLVED, that the Chief of the Bureau of Human Resources and the Cook County Comptroller are hereby authorized to implement the Salary Schedule and wage adjustments as negotiated. ______

In accordance with Cook County Code Section 2-107(z)(1) Amendment or suspension of rules, Commissioner Daley, seconded by Commissioner Sims, moved to suspend Section 2-107(h)(1) Prior notice to public; agendas. The motion carried unanimously.

Commissioner Sims, seconded by Commissioner Garcia, moved that the Proposed Resolution be referred to the Finance Subcommittee on Labor. (Comm. No. 316968). The motion carried unanimously.

* * * * *

Transmitting a Communication dated, March 1, 2012 from

MAUREEN O’DONNELL, Chief, Bureau of Human Resources

Transmitting herewith a Salary Schedule for your consideration and approval

Submitting a Proposed Resolution sponsored by:

154 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

TONI PRECKWINKLE, President, Cook County Board of Commissioners

PROPOSED RESOLUTION

PROPOSED RESOLUTION APPROVING SALARY SCHEDULES NEGOTIATED BETWEEN THE COUNTY OF COOK AND THE ILLINOIS FRATERNAL ORDER OF POLICE (FOP) REPRESENTING JOHN H. STROGER, JR. HOSPITAL SECURITY OFFICERS (HS1 AND HSA)

WHEREAS, the Illinois Public Employee Labor Relations Act (5 ILCS 315/1 et seq.) has established regulations regarding collective bargaining with a union; and

WHEREAS, the Salary Schedules and wage adjustments for the period of December 1, 2008 through November 30, 2012 have been negotiated between the County of Cook and the Illinois Fraternal Order of Police (FOP) representing John H. Stroger, Jr. Hospital Security Officers (HS1 and HSA); and

WHEREAS, the general increases and wage adjustments that have been negotiated are reflected in the Salary Schedules and are included in the Collective Bargaining Agreement negotiated between the County of Cook and the Illinois Fraternal Order of Police (FOP).

NOW, THEREFORE, BE IT RESOLVED, that the Cook County Board of Commissioners does hereby approve the Salary Schedules and wage adjustments negotiated between the County of Cook and the Illinois Fraternal Order of Police (FOP) as provided by the Bureau of Human Resources; and

BE IT FURTHER RESOLVED, that the Chief of the Bureau of Human Resources and the Cook County Comptroller are hereby authorized to implement the Salary Schedules and wage adjustments as negotiated. ______

In accordance with Cook County Code Section 2-107(z)(1) Amendment or suspension of rules, Commissioner Daley, seconded by Commissioner Sims, moved to suspend Section 2-107(h)(1) Prior notice to public; agendas. The motion carried unanimously.

Commissioner Sims, seconded by Commissioner Garcia, moved that the Proposed Resolution be referred to the Finance Subcommittee on Labor. (Comm. No. 316969). The motion carried unanimously.

* * * * *

Transmitting a Communication dated, March 1, 2012 from

MAUREEN O’DONNELL, Chief, Bureau of Human Resources

Transmitting herewith a Salary Schedule for your consideration and approval

Submitting a Proposed Resolution sponsored by:

TONI PRECKWINKLE, President, Cook County Board of Commissioners

PROPOSED RESOLUTION

PROPOSED RESOLUTION APPROVING SALARY SCHEDULES NEGOTIATED BETWEEN THE COUNTY OF COOK AND THE FRATERNAL ORDER OF POLICE (FOP) REPRESENTING THE STATE’S ATTORNEY INVESTIGATORS’ SUPERVISORS

155 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

WHEREAS, the Illinois Public Employee Labor Relations Act (5 ILCS 315/1 et seq.) has established regulations regarding collective bargaining with a union; and

WHEREAS, the Salary Schedules and wage adjustments for the period of December 1, 2008 through November 30, 2012 have been negotiated between the Cook County State’s Attorney and the Fraternal Order of Police (FOP) representing State’s Attorney Investigators’ Supervisors; and

WHEREAS, the general increases and wage adjustments that have been negotiated are reflected in the Salary Schedules and are included in the Collective Bargaining Agreement negotiated between the Cook County State’s Attorney and the Fraternal Order of Police (FOP) representing the State’s Attorney Investigators’ Supervisors.

NOW, THEREFORE, BE IT RESOLVED, that the Cook County Board of Commissioners does hereby approve the Salary Schedules and wage adjustments negotiated between the Cook County State’s Attorney and the Fraternal Order of Police (FOP) representing the State’s Attorney Investigators’ Supervisors; and

BE IT FURTHER RESOLVED, that the Chief of the Bureau of Human Resources and the Cook County Comptroller are hereby authorized to implement the Salary Schedules and wage adjustments as negotiated. ______

In accordance with Cook County Code Section 2-107(z)(1) Amendment or suspension of rules, Commissioner Daley, seconded by Commissioner Sims, moved to suspend Section 2-107(h)(1) Prior notice to public; agendas. The motion carried unanimously.

Commissioner Sims, seconded by Commissioner Garcia, moved that the Proposed Resolution be referred to the Finance Subcommittee on Labor. (Comm. No. 316970). The motion carried unanimously.

* * * * *

Transmitting a Communication dated, March 1, 2012 from

MAUREEN O’DONNELL, Chief, Bureau of Human Resources

Transmitting herewith a Salary Schedule for your consideration and approval

Submitting a Proposed Resolution sponsored by:

TONI PRECKWINKLE, President, Cook County Board of Commissioners

PROPOSED RESOLUTION

PROPOSED RESOLUTION APPROVING SALARY SCHEDULES NEGOTIATED BETWEEN THE COUNTY OF COOK AND THE ILLINOIS FRATERNAL ORDER OF POLICE REPRESENTING OAK FOREST HEALTH FACILITIES PUBLIC SAFETY OFFICERS (HS1)

WHEREAS, the County of Cook and the Illinois Fraternal Order of Police entered into a Compulsory Interest Arbitration under the Illinois Public Employee Labor Relations Act (5 ILCS 315/1, et seq.); and

WHEREAS, an Interest Arbitration Award has been issued concerning unresolved salary issues between the County of Cook and the Illinois Fraternal Order of Police representing Oak Forest Health Facilities

156 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

Public Safety Officers (HS1) and covering the period of December 1, 2008 and through November 30, 2012.

NOW, THEREFORE, BE IT RESOLVED, that this award and Salary Schedules shall be submitted to the Cook County Board of Commissioners for consideration; and

BE IT FURTHER RESOLVED, that the award is approved and that the Chief of the Bureau of Human Resources and the Cook County Comptroller are hereby authorized to implement the Salary Schedules and wage adjustments as indicated in the award. ______

In accordance with Cook County Code Section 2-107(z)(1) Amendment or suspension of rules, Commissioner Daley, seconded by Commissioner Sims, moved to suspend Section 2-107(h)(1) Prior notice to public; agendas. The motion carried unanimously.

Commissioner Sims, seconded by Commissioner Garcia, moved that the Proposed Resolution be referred to the Finance Subcommittee on Labor. (Comm. No. 316971). The motion carried unanimously.

* * * * *

Transmitting a Communication dated, March 1, 2012 from

MAUREEN O’DONNELL, Chief, Bureau of Human Resources

Transmitting herewith a Salary Schedule for your consideration and approval

Submitting a Proposed Resolution sponsored by:

TONI PRECKWINKLE, President, Cook County Board of Commissioners

PROPOSED RESOLUTION

PROPOSED RESOLUTION APPROVING SALARY SCHEDULES NEGOTIATED BETWEEN THE COUNTY OF COOK AND THE TEAMSTERS 743 REPRESENTING PROVIDENT HOSPITAL EMPLOYEES

WHEREAS, the Illinois Public Employee Labor Relations Act (5 ILCS 315/1 et seq.) has established regulations regarding collective bargaining with a union; and

WHEREAS, the Salary Schedules and wage adjustments for the period of December 1, 2008 through November 30, 2012 have been negotiated between the County of Cook and Teamsters 743 representing Provident Hospital employees; and

WHEREAS, the general increases and wage adjustments that have been negotiated are reflected in the Salary Schedules and are included in the Collective Bargaining Agreement negotiated between the County of Cook and Teamsters 743.

NOW, THEREFORE, BE IT RESOLVED, that the Cook County Board of Commissioners does hereby approve the Salary Schedules and wage adjustments negotiated between the County of Cook and Teamsters 743 as provided by the Bureau of Human Resources; and

157 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

BE IT FURTHER RESOLVED, that the Chief of the Bureau of Human Resources and the Cook County Comptroller are hereby authorized to implement the Salary Schedules and wage adjustments as negotiated. ______

In accordance with Cook County Code Section 2-107(z)(1) Amendment or suspension of rules, Commissioner Daley, seconded by Commissioner Sims, moved to suspend Section 2-107(h)(1) Prior notice to public; agendas. The motion carried unanimously.

Commissioner Sims, seconded by Commissioner Garcia, moved that the Proposed Resolution be referred to the Finance Subcommittee on Labor. (Comm. No. 316972). The motion carried unanimously.

* * * * *

Transmitting a Communication dated, March 1, 2012 from

MAUREEN O’DONNELL, Chief, Bureau of Human Resources

Transmitting herewith a Salary Schedule for your consideration and approval

Submitting a Proposed Resolution sponsored by:

TONI PRECKWINKLE, President, Cook County Board of Commissioners

PROPOSED RESOLUTION

PROPOSED RESOLUTION APPROVING SALARY SCHEDULES NEGOTIATED BETWEEN THE COUNTY OF COOK AND TEAMSTERS LOCAL 700 REPRESENTING OAK FOREST HEALTH FACILITIES SERGEANTS/INVESTIGATORS (HS2 AND HS3)

WHEREAS, the Illinois Public Employee Labor Relations Act (5 ILCS 315/1 et seq.) has established regulations regarding collective bargaining with a union; and

WHEREAS, the Salary Schedules and wage adjustments for the period of December 1, 2008 through November 30, 2012 have been negotiated between the County of Cook and Teamsters Local 700 representing Oak Forest Health Facilities Sergeants/Investigators (HS2 and HS3); and

WHEREAS, the general increases and wage adjustments that have been negotiated are reflected in the Salary Schedules and are included in the Collective Bargaining Agreement negotiated between the County of Cook and Teamsters Local 700.

NOW, THEREFORE, BE IT RESOLVED, that the Cook County Board of Commissioners does hereby approve the Salary Schedules and wage adjustments negotiated between the County of Cook and Teamsters Local 700 as provided by the Bureau of Human Resources; and

BE IT FURTHER RESOLVED, that the Chief of the Bureau of Human Resources and the Cook County Comptroller are hereby authorized to implement the Salary Schedules and wage adjustments as negotiated. ______

In accordance with Cook County Code Section 2-107(z)(1) Amendment or suspension of rules, Commissioner Daley, seconded by Commissioner Sims, moved to suspend Section 2-107(h)(1) Prior notice to public; agendas. The motion carried unanimously.

158 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

Commissioner Sims, seconded by Commissioner Garcia, moved that the Proposed Resolution be referred to the Finance Subcommittee on Labor. (Comm. No. 316973). The motion carried unanimously.

* * * * *

Transmitting a Communication dated, March 1, 2012 from

MAUREEN O’DONNELL, Chief, Bureau of Human Resources

Transmitting herewith a Salary Schedule for your consideration and approval

Submitting a Proposed Resolution sponsored by:

TONI PRECKWINKLE, President, Cook County Board of Commissioners

PROPOSED RESOLUTION

PROPOSED RESOLUTION APPROVING SALARY SCHEDULES NEGOTIATED BETWEEN THE COUNTY OF COOK AND COOK COUNTY PHARMACY ASSOCIATION, CHICAGO JOINT BOARD, RETAIL, WHOLESALE AND DEPARTMENT STORE UNION, AFL-CIO-CLC LOCAL 200 (RWDSU LOCAL 200) REPRESENTING PHARMACISTS AND PHARMACY TECHNICIANS

WHEREAS, the Illinois Public Employee Labor Relations Act (5 ILCS 315/1 et seq.) has established regulations regarding collective bargaining with a union; and

WHEREAS, the Salary Schedules and wage adjustments for the period of December 1, 2008 through November 30, 2012 have been negotiated between the County of Cook and the Cook County Pharmacy Association, Chicago Joint Board, Retail, Wholesale and Department Store Union, AFL-CIO-CLC Local 200 (RWDSU Local 200) representing Pharmacists and Pharmacy Technicians; and

WHEREAS, the general increases and wage adjustments that have been negotiated are reflected in the Salary Schedules and are included in the Collective Bargaining Agreement negotiated between the County of Cook and RWDSU Local 200.

NOW, THEREFORE, BE IT RESOLVED, that the Cook County Board of Commissioners does hereby approve the Salary Schedules and wage adjustments negotiated between the County of Cook and RWDSU Local 200 provided by the Bureau of Human Resources; and

BE IT FURTHER RESOLVED, that the Chief of the Bureau of Human Resources and the Cook County Comptroller are hereby authorized to implement the Salary Schedules and wage adjustments as negotiated. ______

In accordance with Cook County Code Section 2-107(z)(1) Amendment or suspension of rules, Commissioner Daley, seconded by Commissioner Sims, moved to suspend Section 2-107(h)(1) Prior notice to public; agendas. The motion carried unanimously.

Commissioner Sims, seconded by Commissioner Garcia, moved that the Proposed Resolution be referred to the Finance Subcommittee on Labor. (Comm. No. 316974). The motion carried unanimously.

* * * * *

159 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

Transmitting a Communication dated, March 1, 2012 from

MAUREEN O’DONNELL, Chief, Bureau of Human Resources

Transmitting herewith a Salary Schedule for your consideration and approval

Submitting a Proposed Resolution sponsored by:

TONI PRECKWINKLE, President, Cook County Board of Commissioners

PROPOSED RESOLUTION

PROPOSED RESOLUTION APPROVING SALARY SCHEDULES NEGOTIATED BETWEEN THE COUNTY OF COOK AND THE METROPOLITAN ALLIANCE OF POLICE (MAP) REPRESENTING JOHN H. STROGER, JR. HOSPITAL SERGEANTS (HS2)

WHEREAS, the Illinois Public Employee Labor Relations Act (5 ILCS 315/1 et seq.) has established regulations regarding collective bargaining with a union; and

WHEREAS, the Salary Schedules and wage adjustments for the period of December 1, 2008 through November 30, 2012 have been negotiated between the County of Cook and the Metropolitan Alliance of Police (MAP) representing John H. Stroger, Jr. Hospital Sergeants (HS2); and

WHEREAS, the general increases and wage adjustments that have been negotiated are reflected in the Salary Schedules and are included in the Collective Bargaining Agreement negotiated between the County of Cook and the Metropolitan Alliance of Police (MAP).

NOW, THEREFORE, BE IT RESOLVED, that the Cook County Board of Commissioners does hereby approve the Salary Schedules and wage adjustments negotiated between the County of Cook and the Metropolitan Alliance of Police (MAP) as provided by the Bureau of Human Resources; and

BE IT FURTHER RESOLVED, that the Chief of the Bureau of Human Resources and the Cook County Comptroller are hereby authorized to implement the Salary Schedules and wage adjustments as negotiated. ______

In accordance with Cook County Code Section 2-107(z)(1) Amendment or suspension of rules, Commissioner Daley, seconded by Commissioner Sims, moved to suspend Section 2-107(h)(1) Prior notice to public; agendas. The motion carried unanimously.

Commissioner Sims, seconded by Commissioner Garcia, moved that the Proposed Resolution be referred to the Finance Subcommittee on Labor. (Comm. No. 316975). The motion carried unanimously.

JUDICIARY

GRANT AWARD

Transmitting a Communication, dated February 2, 2012 from

TIMOTHY C. EVANS, Chief Judge, Circuit Court of Cook County

160 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

requesting authorization to accept a grant award in the amount of $90,000.00 from the Illinois Violence Prevention Authority, Chicago, Illinois, for the Circuit Court's Family Violence Coordinating Councils Program. Established in 1996, the program has six (6) councils, one (1) for each of the court's five (5) suburban municipal districts and one county-wide that provides oversight and coordination. These councils serve as local forums to improve the institutional and professional response to family violence. Council activities include education, community outreach, prevention, and other services for victims and perpetrators of child abuse, domestic violence and elder abuse.

Estimated Fiscal Impact: None. Grant Award: $90,000.00. Funding period: December 15, 2011, through December 31, 2012.

The Budget Department has received all requisite documents and determined the fiscal impact on Cook County, if any. ______

Commissioner Collins, seconded by Commissioner Reyes, moved that the request of the Chief Judge of the Circuit Court of Cook County be approved. The motion carried unanimously.

GRANT AWARD ADDENDUM

Transmitting a Communication, dated February 2, 2012 from

TIMOTHY C. EVANS, Chief Judge, Circuit Court of Cook County requesting authorization to accept a grant extension from April 1, 2012 to July 31, 2012, from the Illinois Criminal Justice Information Authority. This extension will provide additional time to enhance the court's new program in the Domestic Violence Division to assist victims of violence and reduce violence by abusers.

The authorization to accept the original grant was given on April 20, 2010 by the Cook County Board of Commissioners in the amount of $500,000.00.

Estimated Fiscal Impact: None. Funding period extension: April 1, 2012 through July 31, 2012.

The Budget Department has received all requisite documents and determined the fiscal impact on Cook County, if any. ______

Commissioner Collins, seconded by Commissioner Reyes, moved that the request of the Chief Judge of the Circuit Court of Cook County be approved. The motion carried unanimously.

DEPARTMENT OF PLANNING AND DEVELOPMENT

PROPOSED RESOLUTIONS

Transmitting a Communication, dated February 10, 2012 from

HERMAN BREWER, Chief, Bureau of Economic Development

161 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012 respectfully submitting this resolution regarding Cobalt REIT's request for a Class 6b property tax incentive for special circumstances and substantial rehabilitation for an industrial building located at 2001 North Mount Prospect Road, Des Plaines, Illinois. The applicant intends to lease the building to Warehouse Direct a warehousing and distribution company of workplace products and supplies.

Cobalt REIT requests approval of the tax incentive based on the special circumstances that the property has been vacant for more than 24 months; has not been purchased for value; and substantial rehabilitation will be completed under the Class 6b Ordinance. This Resolution is required so that the company can complete its application to the Assessor of Cook County.

Submitting a Proposed Resolution sponsored by

TONI PRECKWINKLE, President and ELIZABETH “LIZ” DOODY GORMAN, County Commissioner

PROPOSED RESOLUTION

WHEREAS, the Cook County Board of Commissioners has adopted a Real Property Assessment Classification 6b that provides an applicant a reduction in the assessment level for an industrial facility; and

WHEREAS, the County Board of Commissioners has received and reviewed an application from Cobalt Industrial REIT and Resolution No. R -133-11 from the Village of Des Plaines for an abandoned industrial facility located at 2001 North Mount Prospect Road, Des Plaines, Cook County, Illinois, County Board District #17, Property Index Number: 09-30-300-058-0000; and

WHEREAS, Cook County has defined abandoned property as buildings and other structures that, after having been vacant and unused for at least 24 months, are purchased for value by a purchaser in whom the seller has no direct financial interest; and

WHEREAS, industrial real estate is normally assessed at 25% of its market value. Qualifying industrial real estate eligible for the Class 6b can receive a significant reduction in the level of assessment from the date that new construction or rehabilitation has been completed, or in the case of abandoned property from the date of substantial re-occupancy. Properties receiving Class 6b will be assessed at 10% of the market value for 10 years, 15% for the 11th year and 20% in the 12th year; and

WHEREAS, in the instance where the property does not meet the definition of abandoned property, the municipality or the Board of Commissioners, may determine that special circumstances justify finding that the property is abandoned for the purpose of Class 6b; and

WHEREAS, in the case of abandonment of over 24 months and no purchase for value by a disinterested buyer, the County may determine that special circumstances justify finding the property is deemed abandoned; and

WHEREAS, Class 6b requires a resolution by the County Board validating the property is deemed abandoned for the purpose of Class 6b; and

WHEREAS, the Cook County Board of Commissioners has determined that the building has been abandoned for 49 months, at the time of application, with no purchase for value and that special circumstances are present; and

162 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

WHEREAS, the re-occupancy will retain 250 job; create an estimated 5 to 50 new jobs and 10-15 construction jobs; and

WHEREAS, the Village of Des Plaines states the Class 6b is necessary for development to occur on this specific real estate. The municipal resolution cites the special circumstances include that the property has been vacant for over 24 months; there has been no purchase for value; and the subject property is in need of substantial rehabilitation; and

WHEREAS, the applicant acknowledges that it must provide an affidavit to the Assessor’s Office stipulating that it is in compliance with the County’s Living Wage Ordinance prior to receiving the Class 6b incentive on the subject property.

NOW, THEREFORE, BE IT RESOLVED, by the President and Board of Commissioners of the County of Cook, that the President and Board of Commissioners validate the property located at 2001 North Mount Prospect Road, Des Plaines, Cook County, Illinois, is deemed abandoned with special circumstances under the Class 6b; and

BE IT FURTHER RESOLVED, that the County Clerk is hereby authorized and directed to forward a certified copy of this Resolution to the Office of the Cook County Assessor. ______

Commissioner Garcia, seconded by Commissioner Steele, moved that the Proposed Resolution be referred to the Real Estate and Business and Economic Development Subcommittee. (Comm. No. 316946). The motion carried unanimously.

* * * * *

Transmitting a Communication, dated February 10, 2012 from

HERMAN BREWER, Chief, Bureau of Economic Development respectfully submitting this resolution regarding Elmhurst Landmeier Property, LLC's request for a Class 6b property tax incentive for special circumstances and substantial rehabilitation for an industrial building located at 2501 Landmeier Road, Elk Grove Village, Illinois. The applicant has leased Unit B to Atlas Regional Customer Center Central a manufacturer and distributor of Air Compressor parts and piping. The applicant intends to lease Unit A to a warehousing, manufacturing and/or distribution company.

Elmhurst Landmeier Property, LLC requests approval of the tax incentive based on the special circumstances that the property had been vacant for less than 24 months; has been purchased for value; and substantial rehabilitation has been completed under the Class 6b Ordinance. This resolution is required so that the company can complete its application to the Assessor of Cook County.

Submitting a Proposed Resolution sponsored by

TONI PRECKWINKLE, President and ELIZABETH “LIZ” DOODY GORMAN, County Commissioner

PROPOSED RESOLUTION

WHEREAS, the Cook County Board of Commissioners has adopted a Real Property Assessment Classification 6b that provides an applicant a reduction in the assessment level for an industrial facility; and

163 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

WHEREAS, the County Board of Commissioners has received and reviewed an application from Elmhurst Landmeier Property, LLC and Resolution No. 29-09 from the Village of Elk Grove Village for an abandoned industrial facility located at 2501 Landmeier Road, Elk Grove Village, Cook County, Illinois, County Board District #17, Property Index Number: 08-26-411-014-0000; and

WHEREAS, Cook County has defined abandoned property as buildings and other structures that, after having been vacant and unused for at least 24 months, are purchased for value by a purchaser in whom the seller has no direct financial interest; and

WHEREAS, industrial real estate is normally assessed at 25% of its market value, qualifying industrial real estate eligible for the Class 6b can receive a significant reduction in the level of assessment from the date that new construction or rehabilitation has been completed, or in the case of abandoned property from the date of substantial re-occupancy. Properties receiving Class 6b will be assessed at 10% of the market value for 10 years, 15% for the 11th year and 20% in the 12th year; and

WHEREAS, in the instance where the property does not meet the definition of abandoned property, the municipality or the Board of Commissioners, may determine that special circumstances justify finding that the property is abandoned for purpose of Class 6b; and

WHEREAS, in the case of abandonment of less than 24 months and purchase for value, by a purchaser in whom the seller has no direct financial interest, the County may determine that special circumstances justify finding the property is deemed abandoned; and

WHEREAS, Class 6b requires the validation by the County Board of the shortened period of qualifying abandonment in cases where the facility has been abandoned for less than 24 consecutive months upon purchase for value; and

WHEREAS, the Cook County Board of Commissioners has determined that the building was abandoned for 18 months at the time of purchase, and that special circumstances are present; and

WHEREAS, the applicant estimates that the re-occupancy will create 35-40 new full-time jobs; and

WHEREAS, the Village of Elk Grove Village states the Class 6b is necessary for development to occur on this specific real estate. The municipal resolution cites the special circumstances include that the property has been vacant for less than 24 months; has been purchased for value; and is in need of substantial rehabilitation; and

WHEREAS, the applicant acknowledges that it must provide an affidavit to the Assessor's Office stipulating that it is in compliance with the County’s Living Wage Ordinance prior to receiving the Class 6bincentive on the subject property.

NOW, THEREFORE, BE IT RESOLVED, by the President and Board of Commissioners of the County of Cook, that the President and Board of Commissioners validate the property located at 2501 Landmeier Road , Elk Grove Village, Cook County, Illinois, is deemed abandoned with special circumstances under the Class 6b; and

BE IT FURTHER RESOLVED, that the County Clerk is hereby authorized and directed to forward a certified copy of this Resolution to the Office of the Cook County Assessor. ______

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Commissioner Garcia, seconded by Commissioner Steele, moved that the Proposed Resolution be referred to the Real Estate and Business and Economic Development Subcommittee. (Comm. No. 316947). The motion carried unanimously.

* * * * *

Transmitting a Communication, dated February 10, 2012 from

HERMAN BREWER, Chief, Bureau of Economic Development respectfully submitting this resolution regarding Toryon Technologies, Inc.'s request for a Class 6b property tax incentive for special circumstances for an industrial building located at 380 Roma Jean Parkway, Streamwood, Illinois. The applicant intends to occupy the property to manufacture and distribute products to three related industry segments-PC Manufacturing, Wide-format Digital Printing and the Industrial Specialty Chemical Markets.

Toryon Technologies, Inc. requests approval of the tax incentive based on the special circumstances that the property has been vacant for less than 24 months and will be purchased for value pending approval of the Class 6b Ordinance. This Resolution is required so that the company can complete its application to the Assessor of Cook County.

Submitting a Proposed Resolution sponsored by

TONI PRECKWINKLE, President and TIMOTHY O. SCHNEIDER, County Commissioner

PROPOSED RESOLUTION

WHEREAS, the Cook County Board of Commissioners has adopted a Real Property Assessment Classification 6b that provides an applicant a reduction in the assessment level for an industrial facility; and

WHEREAS, the County Board of Commissioners has received and reviewed an application from Toryon Technologies, Inc. and Resolution No. 2011-25 from the Village of Streamwood for an abandoned industrial facility located at 380 Roma Jean Parkway, Streamwood, Cook County, Illinois, County Board District #17, Property Index Number: 06-26-366-001-0000; and

WHEREAS, Cook County has defined abandoned property as buildings and other structures that, after having been vacant and unused for at least 24 months, are purchased for value by a purchaser in whom the seller has no direct financial interest; and

WHEREAS, in the instance where the property does not meet the definition of abandoned property, the municipality or the Board of Commissioners, may determine that special circumstances justify finding that the property is abandoned for purpose of Class 6b; and

WHEREAS, in the case of abandonment of less than 24 months and purchase for value, by a purchaser in whom the seller has no direct financial interest, the County may determine that special circumstances justify finding the property is deemed abandoned; and

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WHEREAS, Class 6b requires the validation by the County Board of the shortened period of qualifying abandonment in cases where the facility has been abandoned for less than 24 consecutive months upon purchase for value; and

WHEREAS, the Cook County Board of Commissioners has determined that the building was abandoned for 16 months at the time of application, and that special circumstances are present; and

WHEREAS, the applicant estimates that the re-occupancy will create 14 new full-time jobs; and

WHEREAS, the Village of Streamwood states the Class 6b is necessary for development to occur on this specific real estate. The municipal resolution cites the special circumstances include that the property has been vacant for less than 24 months and will be purchased for value pending approval of the Class 6b; and

WHEREAS, the applicant acknowledges that it must provide an affidavit to the Assessor's Office stipulating that it is in compliance with the County’s Living Wage Ordinance prior to receiving the Class 6b incentive on the subject property.

NOW, THEREFORE, BE IT RESOLVED, by the President and Board of Commissioners of the County of Cook, that the President and Board of Commissioners validate the property located at 380 Roma Jean Parkway, Streamwood, Cook County, Illinois, is deemed abandoned with special circumstances under the Class 6b; and

BE IT FURTHER RESOLVED, that the County Clerk is hereby authorized and directed to forward a certified copy of this Resolution to the Office of the Cook County Assessor. ______

Commissioner Garcia, seconded by Commissioner Steele, moved that the Proposed Resolution be referred to the Real Estate and Business and Economic Development Subcommittee. (Comm. No. 316948). The motion carried unanimously.

* * * * *

Transmitting a Communication, dated February 10, 2012 from

HERMAN BREWER, Chief, Bureau of Economic Development respectfully submitting this resolution regarding MLRP Bridgeview Complex, LLC's request for a Class 6b property tax incentive for special circumstances and substantial rehabilitation for an industrial building located at 7770 West 71st Street, Bridgeview, Illinois. The applicant leased the building to M Block & Sons, a warehousing and distribution company.

MLRP Bridgeview Complex, LLC requests approval of the tax incentive based on the special circumstances that the property had been vacant for more than 24 months; there has been no purchase for value; and substantial rehabilitation will be completed under the Class 6b Ordinance. This Resolution is required so that the company can complete its application to the Assessor of Cook County.

Submitting a Proposed Resolution sponsored by

TONI PRECKWINKLE, President and JOAN PATRICIA MURPHY, County Commissioner

166 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

PROPOSED RESOLUTION

WHEREAS, the Cook County Board of Commissioners has adopted a Real Property Assessment Classification 6b that provides an applicant a reduction in the assessment level for an industrial facility; and

WHEREAS, the County Board of Commissioners has received and reviewed an application from MLRP Bridgeview Complex, LLC and Resolution No. 11-18 from the Village of Bridgeview for an abandoned industrial facility located at 7770 West 71st Street, Bridgeview, Cook County, Illinois, County Board District #6, Property Index Number: 18-24-302-018-0000: and

WHEREAS, Cook County has defined abandoned property as buildings and other structures that, after having been vacant and unused for at least 24 months, are purchased for value by a purchaser in whom the seller has no direct financial interest; and

WHEREAS, industrial real estate is normally assessed at 25% of its market value. Qualifying industrial real estate eligible for the Class 6b can receive a significant reduction in the level of assessment from the date that new construction or rehabilitation has been completed, or in the case of abandoned property from the date of substantial re-occupancy. Properties receiving Class 6b will be assessed at 10% of the market value for 10 years, 15% for the 11th year and 20% in the 12th year; and

WHEREAS, in the instance where the property does not meet the definition of abandoned property, the municipality or the Board of Commissioners, may determine that special circumstances justify finding that the property is abandoned for the purpose of Class 6b; and

WHEREAS, in the case of abandonment of over 24 months and no purchase for value by a disinterested buyer, the County may determine that special circumstances justify finding the property is deemed abandoned; and

WHEREAS, Class 6b requires a Resolution by the County Board validating the property is deemed abandoned for the purpose of Class 6b; and

WHEREAS, the Cook County Board of Commissioners has determined that the building has been abandoned for 31 months, at the time of application, with no purchase for value and that special circumstances are present; and

WHEREAS, the re-occupancy will create an estimated 50-60 new full-time jobs, and 5-10 construction jobs; and

WHEREAS, the Village of Bridgeview states the Class 6b is necessary for development to occur on this specific real estate. The municipal resolution cites the special circumstances include that the property has been vacant for over 24 months; there has been no purchase for value; and is in need of substantial rehabilitation; and

WHEREAS, the applicant acknowledges that it must provide an affidavit to the Assessor's Office stipulating that it is in compliance with the County’s Living Wage Ordinance prior to receiving the Class 6b incentive on the subject property.

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NOW, THEREFORE, BE IT RESOLVED, by the President and Board of Commissioners of the County of Cook, that the President and Board of Commissioners validate the property located at 7770 West 71st Street, Bridgeview, Cook County, Illinois, is deemed abandoned with special circumstances under the Class 6b; and

BE IT FURTHER RESOLVED, that the County Clerk is hereby authorized and directed to forward a certified copy of this Resolution to the Office of the Cook County Assessor. ______

Commissioner Garcia, seconded by Commissioner Steele, moved that the Proposed Resolution be referred to the Real Estate and Business and Economic Development Subcommittee. (Comm. No. 316949). The motion carried unanimously.

* * * * *

Transmitting a Communication, dated February 10, 2012 from

HERMAN BREWER, Chief, Bureau of Economic Development respectfully submitting this resolution regarding George Devries's request for a Class 8 property tax incentive for special circumstances and substantial rehabilitation for a commercial building located at 1407 Huntington Drive, Calumet City, Illinois. The applicant has leased the property to WOW Cable a high-speed wireless internet, home phone service and Cable TV service company.

George Devries requests approval of the tax incentive based on the special circumstances that the property had been vacant for more than 24 months and there has been no purchase for value under the Class 8 Ordinance. This Resolution is required so that the company can complete its application to the Assessor of Cook County.

Submitting a Proposed Resolution sponsored by

TONI PRECKWINKLE, President and JOAN PATRICIA MURPHY, County Commissioner

PROPOSED RESOLUTION

WHEREAS, the Cook County Board of Commissioners has adopted a Real Property Assessment Classification 8 that provides an applicant a reduction in the assessment level for a commercial facility; and

WHEREAS, the County Board of Commissioners has received and reviewed an application from George Devries a/k/a Steel City National Bank of Chicago, As Trustee, U/T/A dated January 5, 1990, A/KA Trust #3142, 17130 Torrence, Lansing, Illinois 60438 and Resolution No. 10-8 from the City of Calumet City for an abandoned commercial facility located at 1407 Huntington Drive, Calumet City, Cook County, Illinois, County Board District #6, Property Index Number: 29-24-400-109-0000 (F/K/A29-24- 400-031-0000); and

WHEREAS, Cook County has defined abandoned property as buildings and other structures that, after having been vacant and unused for at least 24 months, are purchased for value by a purchaser in whom the seller has no direct financial interest; and

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WHEREAS; commercial real estate is normally assessed at 25% of its market value, qualifying industrial real estate eligible for the Class 8 can receive a significant reduction in the level of assessment from the date that new construction or rehabilitation has been completed, or in the case of abandoned property from the date of substantial re-occupancy. Properties receiving Class 8 will be assessed at 10% of the market value for 10 years, 15% for the 11th year and 20% in the 12th year; and

WHEREAS, in the instance where the property does not meet the definition of abandoned property, the municipality or the Board of Commissioners, may determine that special circumstances justify finding that the property is abandoned for the purpose of Class 8; and

WHEREAS, in the case of abandonment of over 24 months and no purchase for value by a disinterested buyer, the County may determine that special circumstances justify finding the property is deemed abandoned; and

WHEREAS, Class 8 requires a resolution by the County Board validating the property is deemed abandoned for the purpose of Class 8; and

WHEREAS, the Cook County Board of Commissioners has determined that the building has been abandoned for more than 24 months, at the time of application, with no purchase for value and that special circumstances are present; and

WHEREAS, the re-occupancy will retain 28 full time jobs; create an estimated 3-5 new full-time jobs and 15 construction jobs; and

WHEREAS, the City of Calumet City states the Class 8 is necessary for development to occur on this specific real estate. The municipal resolution cites the special circumstances include the property has been vacant for over 24 months and there will be no purchase for value.

NOW, THEREFORE, BE IT RESOLVED, by the President and Board of Commissioners of the County of Cook, that the President and Board of Commissioners validate the property located at 1407 Huntington Drive, Calumet City, Cook County, Illinois, is deemed abandoned with special circumstances under the Class 8; and

BE IT FURTHER RESOLVED, that the County Clerk is hereby authorized and directed to forward a certified copy of this Resolution to the Office of the Cook County Assessor. ______

Commissioner Garcia, seconded by Commissioner Steele, moved that the Proposed Resolution be referred to the Real Estate and Business and Economic Development Subcommittee. (Comm. No. 316950). The motion carried unanimously.

REAL ESTATE MANAGEMENT DIVISION

AMENDMENTS TO LEASE

Transmitting a Communication dated February 8, 2012, from

ANNA ASHCRAFT, Director, Real Estate Management Division

169 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012 respectfully requesting approval of a Third Amendment to Lease for the lease of space at 5943 West Madison, Chicago, Illinois, for the use of Commissioner Earlean Collins 1st District field office. Details are:

Landlord: GF 6 Mason, LLC Tenant: County of Cook for the use of Commissioner Earlean Collins Location: 5943 West Madison, Chicago, Illinois Term: April 1, 2012 to March 31, 2013 Space Occupied: 1,120 square feet

Rent: Monthly: $1,150.00 Annual: $13,800.00

Rent is inclusive of utilities with the exception of gas and electricity.

Termination: By tenant with sixty-day prior written notice

Approval of this item would commit Fiscal Year 2013 funds.

Approval is recommended. ______

Commissioner Garcia, seconded by Commissioner Steele, moved that the request of the Director of the Real Estate Management Division be approved. The motion carried unanimously.

REQUEST TO TERMINATE LEASE AND EXECUTE A LICENSE AGREEMENT

Transmitting a Communication, dated February 8, 2012 from

ANNA ASHCRAFT, Director, Real Estate Management Division

In 2008, the Board of Commissioners entered into a four (4) year lease with Plaza Azteca, Inc. for use of a site at 26th and Washtenaw, for the operation of “Special Events,” including outdoor Mexican style rodeos, concerts, dances, markets, carnivals and community festivals. These events are held primarily on weekends from April through October. Prior to 2008, such events were permitted pursuant to a license. In 2008 a lease was executed due to Plaza Azteca, Inc.’s desire to construct permanent improvements on the site.

Plaza Azteca, Inc. has exercised its option contained in the lease for an additional four (4) years. However, since 2008 lower attendance and economic conditions have resulted in declining gross revenues and the tenant has requested a reduction in the annual license fee. In addition, the tenant no longer believes it is economically feasible to construct permanent improvements.

The County has also received a request from Windy City Harvest (WCH), for use of approximately 1.6 acres of the land currently leased to Plaza Azteca, Inc. WCH, a program of the Chicago Botanic Garden, which currently operates a sustainable agriculture production and skills training program at the Cook County Sheriff’s Boot Camp at 28th and Rockwell. Plaza Azteca, Inc., if granted a reduction in rent, is willing to return that portion of the property needed by WCH to expand its program at the Boot Camp,

170 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012 and is willing to cancel the lease in exchange for a license, giving the County more flexibility in use of the land.

Authorization is hereby requested to cancel the existing lease and execute a License Agreement with Plaza Azteca, Inc. on the terms set forth below. An initial license fee of $70,000.00 is being recommended which recognizes both the 10% reduction in the size of the site, and also the average 10% annual reduction in gross revenues experienced by Plaza Azteca, Inc. over the past few years. Details are:

Licensor: County of Cook Licensee: Plaza Azteca, Inc. Term: April 1, 2012 through March 31, 2016 Option Term: Licensee shall have an option to renew the license for an additional four (4) years, subject to approval of the license fee by the County Board.

License Fee: $70,000 per year for the use of the site, plus $1,500 per day for use of the parking structure, adjusted annually based on the Consumer Price Index.

Taxes: Licensee will pay all applicable taxes, including sales taxes and amusement taxes.

Right to Terminate: The County has a right to terminate with 180 day prior written notice. The Licensee may terminate if the company cannot obtain permits for its use of the licensed area.

Licensee has met the insurance requirements under the License Agreement.

Approval is recommended. ______

Commissioner Garcia, seconded by Commissioner Steele, moved that the request of the Director of the Real Estate Management Division be approved and that the Proper Officials be authorized to sign on behalf of Cook County. The motion carried unanimously.

LICENSE AGREEMENT

Transmitting a Communication, dated February 8, 2012 from

ANNA ASHCRAFT, Director, Real Estate Management Division respectfully requesting approval of a License Agreement between the County of Cook, as licensor and the Chicago Horticultural Society, as licensee, for use of approximately 1.6 acres of land formerly leased to Plaza Azteca, Inc. located immediately south of 26th Street and east of the parking structure on the Department of Corrections Campus.

The Windy City Harvest Program (“WCH”) is a program of the Chicago Horticultural Society delivered in partnership with the Richard J. Daley College satellite campus, Arturo Velasquez Institute, offering a nine-month certificate program in sustainable horticulture and agriculture, intended primarily for at-risk students eligible for Workforce Investment Act (“WIA”) funding.

Since 2007, WCH and the Cook County Sheriff have operated a successful program for training of inmates and post-release participants in the Sheriff’s Boot Camp program. WCH provides hands-on

171 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012 instruction in growing practices, composting operations, aquaponics, literacy skills and workforce readiness, to approximately 75 inmates per year during the four-month incarceration phase of the Boot Camp program. WCH offers sixteen weeks of paid internship and training for selected post-release participants through subsidized WIA funding. Additionally, WCH offers unsubsidized seasonal employment to qualified graduates of the internship program who choose to pursue a certificate program, and “work study” opportunities for certificate candidates. WCH has placed graduates of the program in permanent employment for both public and private employers, demonstrating the program’s success in providing individuals with the skills necessary to return to and contribute to the community.

The expansion of the WCH program into the 26th Street Site would allow relocation of the composting operation, which is causing issues with the Sheriff’s use of areas adjacent to the Boot Camp, and construction of new garden areas, allowing WCH to serve more clients, both Boot Camp participants and other at-risk individuals.

With the additional land, WCH estimates that projected vegetable production would increase substantially, yielding annual revenues of $80,000.00 or more. Revenues are used to support the ongoing operations of WCH’s program, and thereby benefit the County by reducing recidivism and the burden on the criminal justice system. Details are:

Licensor: County of Cook Licensee: Chicago Horticultural Society Location: The licensed area is located north of Division XI of the Cook County Department of Corrections and is bounded by 26th Street, Rockwell Avenue and Washtenaw Avenue Term: April 1, 2012 – December 31, 2017 Termination: 90 day written notice by either party

Licensee has met the insurance requirements under the License Agreement.

Approval is recommended. ______

Commissioner Garcia, seconded by Commissioner Steele, moved that the request of the Director of the Real Estate Management Divison be approved and that the Proper Officials be authorized to sign on behalf of Cook County. The motion carried unanimously.

DEPARTMENT OF RISK MANAGEMENT

REQUEST TO AMEND A PREVIOUSLY APPROVED ITEM

Transmitting a Communication, dated January 31, 2012 from

MARIA DE LOURDES COSS, Chief Procurement Officer and LISA WALIK, Director of Risk Management requesting authorization for the Cook County Board of Commissioners to approve as amended (Item #11), which was previously approved on the May 18, 2010 Board Agenda.

The amendment is indicated by the underscored and stricken language.

Transmitting a Communication, dated May 3, 2010 from

172 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

LISA M. WALIK, Director, Department of Risk Management requesting authorization for the Purchasing Agent Chief Procurement Officer to enter into and execute a contract with Fort Dearborn Life Insurance Company, Chicago, Illinois, to provide eligible Cook County employees with basic and supplemental Group Term Life Insurance benefits.

Reason: A Request for Proposal (RFP) was issued this past spring for these benefits. Nine (9) insurance companies responded to the RFP and five (5) companies were selected as finalists: Aetna Life Insurance Company, Fort Dearborn Life Insurance, Guardian Life Insurance Company of America, MetLife (Metropolitan Life Insurance Company) and Prudential Insurance Company of America. While the contract period is for three (3) years, with two (2) one-year renewal options, Fort Dearborn Life Insurance Company has guaranteed the monthly premium rates for the five-year period. Based on the negotiated premium, the County will realize savings of approximately $725,000.00 for the remainder of the fiscal year, and annualized savings of approximately of $1,450,000.00 based on the current in force rates.

Estimated Fiscal Impact*: $10,800,000.00 (FY 2010 - $1,800,000.00; FY 2011 - $3,600,000.00; FY 2012 - $3,600,000.00; and FY 2013 - $1,800,000.00). Contract period: June 1, 2010 through May 31, 2013. (490-175, 499-175 and 899-175 Accounts). Requisition No. 04900002.

* The estimated fiscal impact is based on current enrollment and salaries. The cost of this benefit has a direct relationship to the salaries of eligible employees and is subject to change based on scheduled salary increases and the outcome of labor negotiations. Therefore, the fiscal impact is subject to increase accordingly. Based on these factors, sufficient funds will be budgeted for each fiscal year.

Approval of this item would commit Fiscal Years 2011, 2012, and 2013 funds.

Vendor has met the Minority and Women Business Enterprise Ordinance. ______

Commissioner Daley, seconded by Commissioner Sims, moved that the request of the Director of Risk Management be approved. The motion carried unanimously.

OFFICE OF THE STATE'S ATTORNEY

PENDING LITIGATION

Transmitting a Communication, dated February 9, 2012 from

ANITA ALVAREZ, Cook County State's Attorney by PATRICK T. DRISCOLL, JR., Deputy State's Attorney, Chief, Civil Actions Bureau respectfully request permission to discuss the following cases with the Board or the appropriate committee thereof:

1. Levonne Hughes v. Thomas Dart, et al., Case No. 12-C-316 (Comm. No. 316951).

173 JOURNAL OF PROCEEDINGS FOR MARCH 1, 2012

2. Van Alexander Bolden v. Thomas Dart, et al., Case No. 11-C-8661 (Comm. No. 316952).

3. Rose Shetler v. Carl Singletary, Case No. 11-M1-14389 (Comm. No. 316953).

4. Belton Smith v. Dr. Yu, et al., Case No. 11-C-2598 (Comm. No. 316954).

5. Theresa Greer v. Thomas Dart, Case No. 09-L-010523 (Comm. No. 316955).

6. Andrea Morrison, as Special Administrator of the Estate of Jeanette Morrison, Deceased v. Kindred Chicago Lake Shore Hospital, County of Cook, d/b/a John H. Stroger, Jr. Hospital of Cook County and Illinois Medical Center (Comm. No. 316956).

7. Ronald Kitchen v. Jon Burge, et al., Case No. 10-C-0493 (Comm. No. 316957).

8. Michael Tillman v. Jon Burge, et al., Case No. 10-C-4551, 11-2788 (Comm. No. 316958). ______

Commissioner Silvestri, seconded by Commissioner Steele, moved that the communications be referred to the Committee on Finance Litigation Subcommittee. The motion carried unanimously.

ADJOURNMENT

Commissioner Daley, seconded by Commissioner Steele, moved that the meeting do now adjourn to meet again at the same time and same place on March 13, 2012, in accordance with County Board Resolution 12-R-19.

The motion prevailed and the meeting stood adjourned. ______

______County Clerk

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