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DeKalb County, Illinois

Minutes of the
County Board Proceedings

June 17, 2009


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The County Board met in regular session at the Carl Sandburg Auditorium at Northern Illinois University’s Student Center Wednesday, June 17, 2009. Chairman Tobias called the meeting to order and the Clerk called the roll. Those Members present were Mr. Gudmunson, Mr. Haines, Mr. Hulseburg, Mr. Metzger, Mr. Newport, Mr. Oncken, Mr. Osborne, Mr. Stoddard, Mr. Todd, Mrs. Turner, Ms. Vary, Mr. Walt, Ken Andersen, Larry Anderson, Mr. Augsburger, Mr. Chambliss, Mrs. DeFauw, Mrs. Dubin, Mr. Emerson, Ms. Fauci and Chairman Tobias. Those Members absent were Mrs. Allen, Ms. LaVigne and Mr. Stuckert. Twenty-one Members were present and three Members were absent.

The Chair asked Mr. Chambliss to lead the pledge to the flag.

APPROVAL OF MINUTES
Motion

Mr. Metzger moved to approve the Minutes of May 20, 2009. Mr. Stoddard seconded the motion.
Voice Vote
Chairman Tobias asked for a voice vote on the approval of the Minutes. All Members present voted yea. Motion carried unanimously.

APPROVAL OF AGENDA
Motion

Mr. Walt moved to approve the Agenda and Mr. Haines seconded the motion.
Voice Vote
Chairman Tobias asked for a voice vote to approve the Agenda. All Members present voted yea. Motion carried unanimously.

COMMUNICATIONS AND REFERRALS
Chairman Tobias read a thank you from Mary Supple for the thoughtfulness at the time of her fathers passing.

Employee Service Awards were acknowledged.

Joan Hanson, IMO Director, spoke in appreciation of Chris Halstead’s twenty years of service to the County.

APPOINTMENTS
Chairman Tobias recommended the following appointments: Regional Planning Commission - Kathleen Curtis, appointment to fill the unexpired term of Ralph Tompkins for the Village of Maple Park, until January 1, 2010; 911 Emergency Telephone Systems Board - Todd Walker, appointment to fill the unexpired term of Ben Suppleland, until December 1, 2009.
Motion
Ms. Vary moved to approve the appointments as presented. Mrs Dubin seconded the motion.
Voice Vote
Chairman Tobias asked for a voice vote to approve the appointments. All Members present voted yea. Motion carried unanimously.

APPOINTMENT
Motion
Mr. Anderson moved to appoint John Farrell as DeKalb County States Attorney to fill the unexpired term of Ron Matekaitis. Mr. Oncken seconded the motion.

Mr. Haines announced he will abstain from voting on this appointment.

Roll Call Vote
The Chair called for a roll call vote on the Appointment. Those Members voting yea were Mr. Gudmunson, Mr. Metzger, Mr. Newport, Mr. Oncken, Mr. Osborne, Mr. Stoddard, Mr. Todd, Mr. Walt, Ken Andersen, Larry Anderson, Mr. Augsburger, Mr. Chambliss, Mrs. Dubin, Mr. Emerson and Chairman Tobias. One Member voting nay was Mrs. Turner. Those Members abstaining were Mrs. De Fauw, Ms. Fauci, Mr. Haines, Mr. Hulseberg and Ms. Vary. Fifteen Members voted yea, one Member voted nay and five Members abstained. Motion carried.

APPOINTMENTS EXPIRING FOR JULY 2009
a. Fairdale Light District - 2 positions
b. General Assistance Appeal Board - 5 positions
c. DeKalb County Rehab and Nursing Center Operating Board - 1 position
d. Somonauk Cemetery Association - 5 positions

Mr. Farrell Spoke about the honor of being appointed to serve as State’s Attorney for the remainder of Mr. Matekaitis’s term until November 30, 2010.

PERSONS TO BE HEARD FROM THE FLOOR
There were no individuals requesting time to address the Board.

REPORTS FROM STANDING COMMITTEES

PLANNING AND ZONING COMMITTEE
Ordinance R2009 - 05: Special Use Permit to FPL Energy Illinois Wind, LLC
Motion

Ken Andersen moved to approve a Resolution granting a Special Use Permit to FPL Energy Illinois Wind, LLC for a Wind Farm on various properties in Shabbona, Milan, Afton and Clinton Townships. Mr. Osborne seconded the motion.
Motion to Amend
Mr. Walt moved to amend #13 and change the amount from $3,525.000 to $7,000,000 and wants to work with a letter of credit and should stand for 25 years instead of 15 years. Larry Anderson seconded the motion.
Voice Vote
The Chair called for a voice vote on the Amendment. A majority of the Members present voted yea. Motion carried.
Motion to Amend

Mr. Todd moved to change the setback distance to be more than 1400’. “Except as provided, the setback distance for wind towers shall be 3,168 feet (0.6) miles or more from any residence, and from the boundary of any lot in an existing, platted and recorded residential subdivision, which was occupied or existed as of December 31, 2008. Distance shall be measured at the time of application for Building permit from the base of the tower at ground level to the closest foundation wall of any existing or occupied residence or to the closest recorded developable lot line for a platted subdivision, provided further that no wind tower shall be closer than two (2) times its total Height or 796 feet whichever is greater from any point on a property line of a non-participating property containing an existing residence. A tower may be placed as near as 600 feet from any occupied residence with the prior written approval of the owner, which shall be submitted as part of the Building Permit application”. Mr. Newport seconded the motion.
Voice Vote
The Chair called for voice vote on the motion to amend. A majority of the Members present voted nay. Motion failed.
Motion to Amend

Mr. Newport moved to amend #7 and to add the wording “Such after-hours activity shall not exceed 60 occurrences. FPL Energy shall immediately report each occurrence of after-hours activity to the County Zoning Administrator” (to protect the residents). Mr. Hulseburg seconded the motion.
Voice Vote
The Chair called for a voice vote on the Amendment. A majority of the Members present voted yea. Motion carried.
Motion to Amend

Mr. Todd moved to add wording “Unless owned by FPL Energy Wind or land contracted by FPL Energy Wind no Parcel of non-participating real estate shall be subject to shadow flicker from a wind turbine unless mitigation has taken place and agreed by FPL Energy Wind and the affected property owners. All properties which have agreed to mitigation shall be recorded in the DeKalb County Planning and Zoning Office which describes the mitigation benefit for th non-participating properties and which advises all subsequent owners of the non-participating property that shadow flicker may exist at times on or at the non-participating property. In any case the non-participating property shall not be subjected to shadow flicker in excess of thirty (30) hours per year. In all cases where a non-participating property has agreed to mitigation all mitigation costs will be paid by FPL Energy Wind. Mr. Newport seconded the motion.
Voice Vote
The Chair called for voice vote on the motion to add wording. A majority of the Members present voted nay. Motion failed.
Motion to Amend
Mr. Newport moved to amend #13 “concrete from 60” to 96” below the surface. Mr. Todd
seconded the motion.

Voice Vote
The Chair called for a voice vote on the Amendment. A majority of the Members present voted yea. Motion carried.
Roll Call Vote

The Chair called for a roll call vote on the original motion as amended. Those Members voting yea were Mr. Haines, Mr. Hulseberg, Mr. Osborne, Mr. Stoddard, Mrs. Turner, Ms. Vary, Mr. Walt, Ken Andersen, Larry Anderson, Mr. Augsburger, Mr. Chambliss, Mrs. De Fauw, Mrs. Dubin, Mr. Emerson and Ms. Fauci. Those Members voting nay were Mr. Gudmunson, Mr. Newport, Mr. Oncken and Mr. Todd. One Member Mr. Metzger, abstained. Sixteen Members voted yea, four Members voted nay and one abstension.

HEALTH AND HUMAN SERVICES
Resolution - R2009 - 40: Appointment of DeKalb County Community Services Director
Motion

Mr. Metzger moved to approve Resolution that the County Board concurs in the findings and recommendations of the Health and Human Services Committee and the DeKalb County Administrator to appoint Donna L. Moulton as Director of the DeKalb County Community Services Department at an initial salary $56,000.00 per year effective June 15, 2009. Mr. Hulseburg seconded the motion.
Voice Vote
The Chair called for a voice vote on the Resolution. All Members present voted yea. Motion carried unanimously.

COUNTY HIGHWAY COMMITTEE
Resolution R2009 - 37: Intergovernmental Agreements with Afton, Clinton and Malta Road Districts for Overweight/Overlength Permits
Motion

Mr. Augsburger moved to approve a Resolution authorizing it’s Chairman to sign the Intergovernmental Agreement with the Road Districts of Afton, Clinton and Malta Townships. Mrs. Turner seconded the motion.
Voice Vote
The Chair called for a voice vote on the Resolution. All Members present voted yea. Motion carried unanimously.

Resolution R2009 - 31: Award for the 2009 Pavement Marking Project
Motion

Mr. Augsburger moved to approve a Resolution awarding the 2009 Pavement marking Project to the lowest bidder, America’s parking Remarking, Inc., from St. Louis, Missouri, in the amount of $245,203.00. Mr. Emerson seconded the motion.
Roll Call Vote
The Chair called for a roll call vote on the on the Resolution. Those Members voting yea were Mr. Gudmunson, Mr. Haines, Mr. Hulseburg, Mr. Metzger, Mr. Newport, Mr. Oncken, Mr. Osborne, Mr. Stoddard, Mr. Todd, Mrs. Turner, Ms. Vary, Mr. Walt, Ken Andersen, Larry Anderson, Mr. Augsburger, Mr. Chambliss, Mrs. De Fauw, Mrs. Dubin, Mr. Emerson, Ms. Fauci and Chairman Tobias. All Members present voted yea. Motion carried unanimously.
Resolution R2009 - 32: MFT for the 2009 Pavement Marking Project
Motion

Mr. Augsburger moved to approve a Resolution recommending MFT funds to pay for part of this year’s Pavement Marking Project. Fifty percent of the estimated cost of the County’s portion of this project is $88,145.00 and that is the amount requested to be authorized. Mr. Metzger seconded the motion.
Roll Call Vote
The Chair called for a roll call vote on the on the Resolution. Those Members voting yea were Mr. Gudmunson, Mr. Haines, Mr. Hulseburg, Mr. Metzger, Mr. Newport, Mr. Oncken, Mr. Osborne, Mr. Stoddard, Mr. Todd, Mrs. Turner, Ms. Vary, Mr. Walt, Ken Andersen, Larry Anderson, Mr. Augsburger, Mr. Chambliss, Mrs. DeFauw, Mrs. Dubin, Mr. Emerson, Ms. Fauci and Chairman Tobias. All Members present voted yea. Motion carried unanimously.

Resolution R2009 - 38: Authorizing the Application for a Public Transportation Facility
Motion

Mr. Augsburger moved to approve a Resolution authorizing application for a Public Transportation Capital Assistance Grant under the Illinois Department of Transportation’s general authority to make such grants. Grants for such funds will impose certain obligations
upon the recipient. The Deputy County Administrator is authorized and directed to execute and file on behalf of DeKalb County all required Grant Agreements with the Illinois Department of Transportation. Ms. Vary seconded the motion.
Voice Vote
The Chair called for a voice vote on the Resolution. All Members present voted yea. Motion carried unanimously.

Resolution R2009 - 39: MFT for the County Seal Coating Project
Motion

Mr. Augsburger moved to approve a Resolution $39,824.00 is appropriated from the motor Fuel Tax Allotment for the maintenance on County or State Highways and meeting the requirements of the Illinois Highway Code and that the maintenance sections or patrols be maintained under the provision of Illinois Highway Code beginning January 1, 2009 and ending December 31, 2009. The County Clerk is directed to transmit two certified copies of this Resolution to the district office of the Department of Transportation. Mrs. Turner seconded the motion.
Roll Call Vote
The Chair called for a roll call vote on the on the Resolution. Those Members voting yea were Mr. Gudmunson, Mr. Haines, Mr. Hulseburg, Mr. Metzger, Mr. Newport, Mr. Oncken, Mr. Osborne, Mr. Stoddard, Mr. Todd, Mrs. Turner, Ms. Vary, Mr. Walt, Ken Andersen, Larry Anderson, Mr. Augsburger, Mr. Chambliss, Mrs. De Fauw, Mrs. Dubin, Mr. Emerson, Ms. Fauci and Chairman Tobias. All Members present voted yea. Motion carried unanimously.

FINANCE COMMITTEE
Claims

Mr. Haines moved to approve the Claims presented for the Current month in the amount of $2,621,621,045.86; Emergency Claims in the amount of $63,262.37; Payroll Charges in the amount of $3,786,118.42 and Rehab & Nursing Center in the amount of $275,908.33 which represents current claims and monies paid during the previous month totaling $6,746,334.98. Mr. Walt seconded the motion.
Roll Call Vote
The Chair called for a roll call vote on the on the Claims. Those Members voting yea were Mr. Gudmunson, Mr. Haines, Mr. Hulseburg, Mr. Metzger, Mr. Newport, Mr. Oncken, Mr. Osborne, Mr. Stoddard, Mr. Todd, Mrs. Turner, Ms. Vary, Mr. Walt, Ken Andersen, Larry Anderson, Mr. Augsburger, Mr. Chambliss, Mrs. De Fauw, Mrs. Dubin, Mr. Emerson, Ms. Fauci and Chairman Tobias. All Members present voted yea. Motion carried unanimously.

Reports of County Officials
Mr. Haines moved to place on file the following reports of County Officials; Cash and Investments in County Banks - May 31, 2009; Planning and Regulations Building and Permits Reports - May 29, 2009 ; Public Defender’s Report April, 2009; and Adult Court Services & Juvenile Report - April, 2009; and Jail Population Report - for the month of April, 2009. Mrs. Turner seconded the motion.
Voice Vote
The Chair asked for a voice vote on the Reports. All Members present voted yea. Motion carried unanimously.

OLD BUSINESS / NEW BUSINESS
There were no items for old business / new business at this meeting.

ADJOURNMENT
Motion

Ken Andersen moved to adjourn the meeting. Mrs. Turner seconded the motion.
Voice Vote
The chair asked for a voice vote on the Adjournment. All Members present voted yea. Motion carried unanimously.

______________________________
DeKalb County Board Chairman

ATTEST:

_____________________________
DeKalb County Clerk


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