MCHENRY COUNTY LAW & JUSTICE AGENDA APRIL 7, Public Meeting County Board Conference Room 8:15 AM

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1 MCHENRY COUNTY LAW & JUSTICE AGENDA APRIL 7, 2014 Public Meeting County Board Conference Room 8:15 AM 667 Ware Rd, Administration Building, Woodstock, IL CALL TO ORDER Roll Call 2. MINUTES APPROVAL 1. Law & Justice - Public Meeting - Mar 3, :15 AM 3. PUBLIC COMMENT 4. PRESENTATION 5. NEW BUSINESS 1. 8:30 a.m. - William Yocius' interview - Fox River Grove Fire Protection District 2. 8:45 a.m. - Rick Weaver's interview - McHenry Township Fire Protection District 3. 9:00 a.m. - Greg Danielson's interview - Crystal Lake Fire Protection District 4. 9:15 a.m. - Robert Meyer's interview - McHenry Township Fire Protection District 5. Deliberation and selection of one (1) candidate for recommendation to the County Board Chairwoman for the Fox River Grove Fire Protection District for a term to expire in May, Deliberation and selection of two (2) candidates for recommendation to the County Board Chairwoman for the McHenry Township Fire Protection District for terms expiring May, Deliberation and selection of one (1) candidate for recommendation to the County Board Chariwoman for the Crystal Lake Fire Protection District for a term to expire in May, Discussion on request for legal fee reimbursement 9. Resolution Authorizing the Acceptance of a Modification to the Illinois Emergency Management Agency Performance Grant #13EMAMCHEN and an Emergency Appropriation to the McHenry County Emergency Management Agency FY2014 Budget 10. Resolution Awarding Ammunitition Bid to Keisler Police Supply, Inc. and Approval of Expenditure Over $20, in the McHenry County Sheriff's Office FY14 Budget 11. Ordinance Regulating the Discharge of Firearms in Unincorporated McHenry County 12. Resolution Authorizing the Sheriff to Enter Into Phase III of a Bid Contract With Elkhorn Chemical and Cabay and Company and Authorization to Spend over $20, for Cleaning Chemicals in the Jail With Each of These Vendors McHenry County Page 1 Updated 4/4/2014 8:26 AM

2 Agenda Law & Justice Committee April 7, Resolution Authorizing a Three Year/With Additional Option Years Propane Supply Agreement and Dispensing Equipment Lease with AmeriGas Propane, L.P. of Gurnee, Illinois for the Sheriff's Departmental Vehicles 6. OLD BUSINESS 7. REPORTS 8. MEMBER COMMENTS / FUTURE TOPICS 9. EXECUTIVE SESSION - PENDING LITIGATION 10. ADJOURNMENT McHenry County Page 2 Updated 4/4/2014 8:26 AM

3 MCHENRY COUNTY LAW & JUSTICE MINUTES MARCH 3, Public Meeting County Board Conference Room 8:15 AM 667 Ware Rd, Administration Building, Woodstock, IL CALL TO ORDER PRESENT: Draffkorn, Aavang, Barnes, Gottemoller (8:17 AM), Heisler (8:16 AM), Jung Jr. (8:16 AM), McClellan ABSENT: Also present: Peter Austin, County Administrator; John Labaj, Deputy County Administrator; Judge Michael Sullivan; Dan Wallis, Court Administration; Chief Dan Sedlock, Corrections; Bob Ellsworth, EMA; Dr. Anne Majewski, Coroner; Kathy Keefe, Circuit Clerk; and Tom Sullivan, IT. 2. MINUTES APPROVAL 1. Law & Justice - Public Meeting - Feb 3, :15 AM Chairman Draffkorn noted that she did not attend the previous meeting and one of the items in the previous minutes has her as making a motion. This will be corrected. RESULT: ACCEPTED AS AMENDED [4 TO 0] MOVER: Michele Aavang SECONDER: Mary McClellan AYES: Draffkorn, Aavang, Barnes, McClellan AWAY: Gottemoller, Heisler, Jung Jr. 3. PUBLIC COMMENT 4. NEW BUSINESS Chairman Draffkorn recommended the committee members do the interviews and consider the items on the agenda before hearing the presentation. Mr. Wallis agreed with this recommendation. Mr. Heisler and Mr. Jung arrived at 8:16 AM. Mr. Gottemoller arrived at 8:17 AM. 1. 8:15 a.m. - Richard Hemmingsen's interview - Marengo Rescue Squad District Committee members interviewed Mr. Richard Hemmingsen for consideration of an appointment to the Marengo Rescue Squad. Minutes Acceptance: Minutes of Mar 3, :15 AM (Minutes Approval) 2. Motion: Deliberation and selection of one (1) candidate for recommendation to the County Board Chairwoman for the Marengo Rescue Squad District for a term to expire on December 31, 2014 After the interview, Chairman Draffkorn recommended committee members enter into deliberation for consideration of this appointment at this time. Ms. McClellan made a motion, seconded by Mr. Jung to recommend the appointment of Mr. Richard Hemmingsen to the Marengo Rescue Squad for a term to expire December 31, The motion carried on a roll call vote of all ayes. McHenry County Page 1 Updated 3/5/ :04 PM Packet Pg. 3

4 Minutes Law & Justice Committee March 3, RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Mary McClellan John Jung Jr. Draffkorn, Aavang, Barnes, Gottemoller, Heisler, Jung Jr., McClellan 3. Deliberation and selection of one (1) candidate for recommendation to the County Board Chairwoman for the Sheriff's Merit Commission for a term to expire on April 1, 2020 Committee members were reminded that the Sheriff provides the recommendation for appointments to the Sheriff's Merit Commission. The appointment for William Mack is set to expire on April 1, The Sheriff has recommended the reappointment of William Mack with a term to expire on April 1, Motion: William Mack - re-appointment to the Sheriff's Merit Commission with a term to expire on April 1, 2020 RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Joseph Gottemoller Yvonne Barnes Draffkorn, Aavang, Barnes, Gottemoller, Heisler, Jung Jr., McClellan 5. Resolution Accepting an Emergency Management Hazardous Materials Preparedness (HMEP) 2014 HMEP Grant Chairman Draffkorn recommended the committee move forward on the agenda as the second interviewee has not arrived for his interview. Mr. Bob Ellsworth from EMA (Emergency Management Agency) joined committee members for presentation of the above resolution. This is an annual grant that has been received by the department for the past 30 years. This grant has decreased yearly and helps pay for meetings and travel expenses related to the Hazardous Maintenance Preparedness Planning program. RESULT: MOVER: SECONDER: AYES: RECOMMENDED [UNANIMOUS] Joseph Gottemoller James Heisler Draffkorn, Aavang, Barnes, Gottemoller, Heisler, Jung Jr., McClellan 6. Resolution Authorizing Renewal of Maintenance and Support with Nelson Systems for Support of the Eventide Logging Recorders Ms. Tiki Carlson from E-911 joined committee members for presentation of the above resolution. This is the annual renewal for the maintenance support agreement with Nelson Systems which enables the County Emergency Telephone System Board to keep current with software and hardware updates to the Eventide Logging Recorders used in the department. Minutes Acceptance: Minutes of Mar 3, :15 AM (Minutes Approval) McHenry County Page 2 Updated 3/5/ :04 PM Packet Pg. 4

5 Minutes Law & Justice Committee March 3, RESULT: MOVER: SECONDER: AYES: RECOMMENDED [UNANIMOUS] John Jung Jr. Yvonne Barnes Draffkorn, Aavang, Barnes, Gottemoller, Heisler, Jung Jr., McClellan 7. Resolution Authorizing the Purchase of 40 Computer Aided Dispatch Workstations from the McHenry County Emergency Telephone System Board FY2014 Budget Committee members were informed that the ETSB is solely responsible for the purchase, implementation and support of the Computer Aided Dispatch and ETSB Administrative staff workstations. This resolution allows for the purchase of 40 computer aided dispatch workstations to update outdated workstations currently being used by ETSB. This department is not part of the County's computer lease program. The department went out for bid for this equipment and they chose the lowest responsible bidder. RESULT: MOVER: SECONDER: AYES: RECOMMENDED [UNANIMOUS] John Jung Jr. Michele Aavang Draffkorn, Aavang, Barnes, Gottemoller, Heisler, Jung Jr., McClellan 8. 8:30 a.m. - Martin Perenchio's interview - Harvard Community Fire Protection District Mr. Martin Perenchio joined committee members for an interview for consideration of an appointment to the Harvard Community Fire Protection District. 9. Motion: Deliberation and selection of one (1) candidate for recommendation to the County Board Chairwoman for the Harvard Community Fire Protection District for a term to expire in May, 2017 RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Michele Aavang John Jung Jr. Draffkorn, Aavang, Barnes, Gottemoller, Heisler, Jung Jr., McClellan 10. Resolution Authorizing the Acceptance of the 2013 State Criminal Alien Assistance Program (SCAAP) Award and an Emergency Appropriation to the Sheriff's Fiscal Year 2014 Budget Chief Dan Sedlock joined committee members for presentation of the above resolution. This is a yearly grant that is received for reimbursement for housing criminal aliens in the McHenry County Correctional Facility. These funds must be used for expenses related to the jail. A new transportation vehicle will be purchased to replace an aging mini van. The new vehicle will be more cost effective to use. Minutes Acceptance: Minutes of Mar 3, :15 AM (Minutes Approval) RESULT: MOVER: SECONDER: AYES: RECOMMENDED [UNANIMOUS] John Jung Jr. James Heisler Draffkorn, Aavang, Barnes, Gottemoller, Heisler, Jung Jr., McClellan 11. Presentation Chief Judge Michael Sullivan and Mr. Dan Wallis, Court Administrator, joined committee members to McHenry County Page 3 Updated 3/5/ :04 PM Packet Pg. 5

6 Minutes Law & Justice Committee March 3, provide a presentation on Court Technology and staffing needs for the Twenty Second Judicial Circuit. 1. Court Technology and Staffing In 2007 a contract was entered into with Integrated Software Specialists to replace the Sustain case management system that was being used by the Circuit Clerk. In 2009, the Integrated Court Information System (ICIS) went live. In 2010, the probation department received ICIS-R2 to replace their existing Prober system and in 2012, the Office of Special Projects received the McHenry County Specialty Court Information System. Since 2011, the New Dawn Technology project for the State's Attorney and Public Defender's office has been moving forward. The vision was to integrate information so each unit of government could access documents pertinent to their portion of this information. This part of the process is slow so they can solve any access issues with this system. They don t want information to be released to those that should not be granted said access. Right now, this is more about getting the judges electronic access to this information. The Clerk s office has been able to automate assessments, automate fee scheduling, provides statistical reporting, document management integration, payment disbursement and office automation. This automation has resulted in a reduction of 8.25 Full Time equivalent positions. This has resulting in a savings of $200,104 in salaries. This does not include the savings of benefit costs for these positions. The Probation department has search capabilities in the Case Management System and is able to generate internal notifications. They can create statistical data analysis, receive automatic notification from the courtroom when someone is placed on some form of supervision, Document Management and is integrated with the Clerk s Office. The Office of Special Projects has access to the Case Management System, can obtain automated status reports, can access statistical information, can receive automated notification when certain events occur and access to document management. Mr. Wallis stated it is important that individuals have public trust and confidence in the Judiciary. In order to do this there are Trial Court Performance Standards that were created by the National Center for State Courts. The Illinois Supreme Court has also been moving forward with their Electronic Initiatives. In September of 2002 they allowed electronic access to records. In December 2006, they allowed electronic guilty pleas, electronic filing in January 2012 and Electronic records in Minutes Acceptance: Minutes of Mar 3, :15 AM (Minutes Approval) The E-Initiative provides maximum access to court records, supports the role of the judiciary, promotes governmental accountability, contributes to public safety, makes the most effective use of the courts and clerks time and provides for excellent customer service. The Twenty Second Judicial Circuit is currently in a state of in between paper files and e- Records. Presently the Clerk of the Court has 9,331 banker boxes of records in storage. This translates to an annual cost of $59, per year for storage. Every year an average of 780 banker boxes are added to storage increasing the cost by $4, per year. The Circuit Clerk s office handles, manages, files and scans approximately 550,000 documents each year. At a cost of 58 cents per page, this equate to an annual cost of $319,000. McHenry County Page 4 Updated 3/5/ :04 PM Packet Pg. 6

7 Minutes Law & Justice Committee March 3, If the court continues to accept paper filings at an estimated cost of.22 cents per page or an annual cost of $121,000 a cost reduction of $198,000 was realized in the first year of implementation. By averaging the amount of time spent filing documents is case folders, it is estimated that nearly 4,616 hours in manpower can be saved yearly. This translates into lower employee costs. Before the electronic records become the official record, judges must be provided the equipment, software and infrastructure to enable efficient and reliable access to relevant data. The missing piece is a judicial user interface that allows for paper on demand. They must be able to access a replicated ICIS database, allow judges to access information the way they want to see it provide searchable text, configurable to the individual judges and is easy to use. This is a major change in the culture of the courts. Paper has been around since the beginning. Many judges rely on volumes of case files to manage their court calls. Judges are comfortable with paper files. It is important to keep in mind that any electronic system that is developed must meet or exceed the efficiencies of conventional paper files; technology for technology sake is of little value. In order to succeed, there needs to be collaboration with the Circuit Clerk, use of the automation fund to cover the costs associated with technology and add a business analysis position for the Court. This position would not cost anything to the General Fund. This position would be created to provide first line technical support for the judges. They would be responsible for all court technology support, project management, work with the Circuit Clerk and IT departments, as well as provide training and office automation. They propose that during the April Law and Justice Committee meeting they continue to explore options regarding funding for the Business Analyst position and begin the bidding process for the judicial interface. Committee members questioned if this system would provide any document accessibility for the public. Committee members were informed that this is about creating more accessibility for those that are professionally involved in the system. This is more about getting the judges electronically accessible information. Until they solve all access issues, the information would not be accessible to the public. 5. OLD BUSINESS None. Committee members thanked Mr. Wallis and Judge Sullivan for their presentation. Minutes Acceptance: Minutes of Mar 3, :15 AM (Minutes Approval) 6. REPORTS Mr. Austin informed committee members that he did not intend to be here this morning as he was in Washington DC. Because of the inclement weather, he came back early. He informed committee members that he would provide an update regarding the Federal Jail contract at tomorrow's County Board meeting. Committee members questioned if any additional information has been brought forward regarding the Branch Court in McHenry. Committee members were informed there are still questions they are waiting for answers on so they have not made a decision on this issue. As of right now, they do not expect a change to the use of branch court. They will continue with a review of the liability issues at this facility. McHenry County Page 5 Updated 3/5/ :04 PM Packet Pg. 7

8 Minutes Law & Justice Committee March 3, Chairman Draffkorn noted that she has been asked by a number of County Board members for an annual report for the State's Attorney's office. Committee members questioned what they would like to see in a report. It was stated that the Kane County State's Attorney provides a very informative report yearly and suggested something similar for this office. Committee members were reminded that updates for each of the departments are usually presented during the annual budget reviews. These updates include goals and measurements within each of the departments. Chairman Draffkorn noted that she will find out what would be expected in this report. Mr. Labaj noted that the external auditor provides information on case law on an annual basis if anyone is interested in this information. 7. MEMBER COMMENTS / FUTURE TOPICS None. 8. EXECUTIVE SESSION (AS NECESSARY) None. 9. ADJOURNMENT Noting no further business by the committee, Mr. Gottemoller made a motion, seconded by Ms. Barnes to adjourn the meeting at 9:26 AM. The committee adjourned on a voice vote of all ayes. Minutes Acceptance: Minutes of Mar 3, :15 AM (Minutes Approval) McHenry County Page 6 Updated 3/5/ :04 PM Packet Pg. 8

9 5.9 RESOLUTION RESOLUTION AUTHORIZING THE ACCEPTANCE OF A MODIFICATION TO THE ILLINOIS EMERGENCY MANAGEMENT AGENCY PERFORMANCE GRANT #13EMAMCHEN AND AN EMERGENCY APPROPRIATION TO THE MCHENRY COUNTY EMERGENCY MANAGEMENT AGENCY FY2014 BUDGET WHEREAS, the Illinois Emergency Management Agency (IEMA) has notified the Director of the McHenry County Emergency Management Agency of its intent to distribute additional funding to McHenry County from the FY2012 grant program in the amount of $7,990.38; and WHEREAS, the program objective is to provide financial assistance for the development of effective, integrated emergency management organizations in the State of Illinois and its political subdivisions in order to perform administrative activities and prepare for any natural or technological emergency and/or disaster in accordance with applicable Federal and State laws and regulations; and WHEREAS, upon acceptance of the additional funding created by this modification to the FY2013 IEMA grant, an emergency appropriation to the McHenry County Emergency Management Agency FY2014 budget will be required to allow for the proper expending of said funding. NOW, THEREFORE BE IT RESOLVED, by this County Board of McHenry County, Illinois that the Chairwoman of the Board and the Director of the McHenry County Emergency Management Agency are hereby authorized to accept the additional funding in the amount of $7, Illinois Emergency Management Agency; and BE IT FURTHER RESOLVED, by this County Board of McHenry County, Illinois that an emergency appropriation in the amount of $7, McHenry County Emergency Management Agency's FY2014 budget is also hereby authorized to the following budget line items: Revenue: OCA EMA Grants - Federal $7, Expenditures: OCA EMA - Repair & Maintenance $ 4, OCA EMA - Miscellaneous Supplies $ 3, BE IT FURTHER RESOLVED, That the County Clerk is hereby authorized to distribute a certified copy of this Resolution to the County Administrator, the Associate County Administrator of Finance, the Auditor, the Treasurer and the Director of the Emergency Management Agency. DATED at Woodstock, Illinois, this 15th day of April, A.D., TINA R. HILL, Chairwoman McHenry County Board 3057 / RRGibbs Page 1 Packet Pg. 9

10 5.9 ATTEST: KATHERINE C. SCHULTZ, County Clerk ATTACHMENTS: 2013 EMPG Grant Agmt 5th Payment (PDF) Packet Pg. 10

11 McHenry County Board County Board Room Woodstock, IL SCHEDULED Meeting: 04/07/14 08:15 AM Department: Emergency Management Category: Grant Prepared By: Robin Gibbs 5.9 RESOLUTION DOC ID: 3057 TO: McHenry County Board FROM: David A. Christensen DATE: April 7, 2014 SUBJECT: Resolution Authorizing the Acceptance of a Modification to the Illinois Emergency Management Agency Performance Grant #13EMAMCHEN and an Emergency Appropriation to the McHenry County Emergency Management Agency FY2014 Budget Board / Committee Action Requested: Requesting that the county board approve a resolution for McHenry County Emergency Management Agency authorizing acceptance of an Adjustment to Grant 13EMAMCHEN adding in an additional $7, Background and Discussion: The Federal Government through the individual states via the Robert T. Stafford Disaster Relief and Emergency Assistance Act (2U.S.C. 5121, et. seq.), provides funds to the individual states to reimburse local emergency management agencies for up to 50% of their costs for administrative personnel, administrative expenses and travel. These funds are then granted to the individual agencies via the Illinois Emergency Management Agency (20ILCS 3305/1, et. seq.). This grant reimburses the County for funds expended by the County for the above mentioned items. This grant has been renewed annually for the past 40 years. This is the main source of outside income for the department. Impact on Human Resources: None. Impact on Budget (Revenue; Expenses, Fringe Benefits): These funds will be added into the EMA FFY2014 budget for reimbursement of necessary expenses. Revenue: OCA EMA Grants - Federal $7, Expenditures: OCA EMA - Repair & Maintenance $ 4, OCA EMA - Miscellaneous Supplies $ 3, Attachments / Appendices: 2013 EMPG Grant Agmt 5th Payment (PDF) Page 3 Packet Pg. 11

12 5.9.a Attachment: 2013 EMPG Grant Agmt 5th Payment (3057 : Resolution FEMA EMPG Adjustment Notice for Fy2013) Packet Pg. 12

13 5.10 RESOLUTION RESOLUTION AWARDING AMMUNITITION BID TO KEISLER POLICE SUPPLY, INC. AND APPROVAL OF EXPENDITURE OVER $20, IN THE MCHENRY COUNTY SHERIFF'S OFFICE FY14 BUDGET WHEREAS, the Sheriff's Office requires ammunition for fiscal year 2014; and WHEREAS, the County Board approved a line item of Range Supplies in the amount of $75, which is primarily used for ammunition for training and on-duty ammunition supply and equipment; and WHEREAS, the Sheriff's Office worked in conjunction with the Purchasing Department by sending out BID for ammunition; and WHEREAS, the bid was sent to twelve (12) potential bidders and there were two (2) submittals; and WHEREAS, Keisler Police Supply, Inc. of Jeffersonville, Indiana provided the lowest price and had the most complete proposal. NOW, THEREFORE BE IT RESOLVED, by this County Board of McHenry County, Illinois hereby authorizes the expenditure of $24, for the purchase of range supplies in the form of bullets which are 9mm,.40 S &W, and.45 ACP and that this amount be expended from ; and BE IT FURTHER RESOLVED, that the County Clerk is hereby authorized to distribute a certified copy of this Resolution to the County Sheriff; the Director of Purchasing; the Associate County Administrator-Finance, and the County Administrator. DATED at Woodstock, Illinois, this 15th day of April, A.D., ATTEST: TINA R. HILL, Chairwoman McHenry County Board KATHERINE C. SCHULTZ, County Clerk ATTACHMENTS: Bid Summary Sheet (PDF) MCSO Bid Recommendation(PDF) 3112 / dkbrown Page 1 Packet Pg. 13

14 McHenry County Board County Board Room Woodstock, IL SCHEDULED Meeting: 04/07/14 08:15 AM Department: Sheriff's Department Category: Bid Prepared By: Deb Brown 5.10 RESOLUTION DOC ID: 3112 TO: McHenry County Board FROM: Angela Wood-Zuzevich DATE: April 7, 2014 SUBJECT: Resolution Awarding Ammunitition Bid to Keisler Police Supply, Inc. and Approval of Expenditure Over $20, in the McHenry County Sheriff's Office FY14 Budget Board / Committee Action Requested: Approve bid award and use of already approved FY14 funds in the amount of $24, to Keisler Police Supply, Inc. of Jeffersonville, Indiana. Background and Discussion: The McHenry County Sheriff's Office, with the assistance of the Purchasing Department, went out for bid, 14-19, for ammunition for fiscal year 2014 usage. The Sheriff's Office would like to award the bid to the lowest and most responsible bidder, Keisler Police Supply, Inc. of Jeffersonville, Indiana. Impact on Human Resources: None Impact on Budget (Revenue; Expenses, Fringe Benefits): Funds have already been approved in the MCSO FY14 budget. Impact on Capital Expenditures: N/A Impact on Physical Space: Storage space already exists. Impact on Other County Departments or Outside Agencies: N/A Conformity to Board Ordinances and Policies: Yes Attachments / Appendices: Bid Summary Sheet (PDF) MCSO Bid Recommendation(PDF) Page 2 Packet Pg. 14

15 5.11 ORDINANCE ORDINANCE REGULATING THE DISCHARGE OF FIREARMS IN UNINCORPORATED MCHENRY COUNTY WHEREAS, 55 ILCS 5/5-1117, states, in part, that the county board of any county may, by ordinance, regulate or prohibit within unincorporated areas the discharge of firearms in any residential area where such discharge is likely to subject residents or passersby to the risk of injury; and WHEREAS, the McHenry County Board Natural and Environmental Resources Committee has requested that the McHenry County Board Law and Justice Committee consider recommending that the County Board adopt an ordinance regulating the discharge of firearms; and WHEREAS, the McHenry County Board Law and Justice Committee recommends that the County Board adopt an ordinance regulating the discharge of firearms; and WHEREAS, after due deliberation, the County Board of McHenry County finds it to be in the interest of the public health, safety, and welfare to regulate the discharge of firearms within unincorporated areas in any residential area where such discharge is likely to subject residents or passersby to the risk of injury while maintaining the rights of the residents of McHenry County. NOW, THEREFORE BE IT ORDAINED, by this County Board of McHenry County, Illinois hereby adopts the following ordinance regulating the discharge of firearms in unincorporated McHenry County: (1) Statement of Objectives and Authority: a. The objectives of this ordinance are: i. To regulate the discharge of firearms in unincorporated McHenry County in order to promote the health, safety, and welfare of the residents of McHenry County ; and, ii. To prevent the discharge of firearms in a manner that would endanger others while maintaining the rights of the residents of McHenry County. b. This ordinance is authorized by the Counties Code, section 55 ILCS 5/ (West 2013). (2) Definitions: a. Firearm. A firearm for the purposes of this ordinance is any device, by whatever name known, which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas or escape of gas; excluding, however: i. any pneumatic gun, spring gun, paint ball gun, or B-B gun which expels a single globular projectile not exceeding.18 inch in diameter or which has a maximum muzzle velocity of less than 700 feet per second; ii. any pneumatic gun, spring gun, paint ball gun, or B-B gun which expels breakable paint balls containing washable marking colors; iii. any device used exclusively for signaling or safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission; and iv. any device used exclusively for the firing of stud cartridges, explosive rivets or similar industrial ammunition. b. Residential Area. A residential area for the purposes of this ordinance is any area within 300 yards of at least 3 single or multi-family residential structures. (3) Regulations: a. The discharge of firearms in any residential area where such discharge is likely to subject residents or passersby to the risk of injury is prohibited within all unincorporated areas of McHenry County. b. The discharge of a firearm for the lawful defense of persons or property, or in the course of making a lawful arrest, when such use of force is justified by law, or for the purpose of legally hunting in accordance with the Illinois Wildlife Code shall not be prohibited by this ordinance. (4) Burden of Proof: 3077 / DASandquist Page 1 Packet Pg. 15

16 5.11 a. The burden of proof for all affirmative defenses under this ordinance shall be on the defendant. Affirmative defenses include but are not limited to proving an exception to the definition of firearm as listed in section (2)(a)(i-iv) of this ordinance, or proving that the discharge of a firearm was lawful under section (3)(b) of this ordinance. b. For all other elements of the violation, McHenry County shall have the burden of proof. c. The standard for proving all elements of or affirmative defenses to the violation shall be proof by a preponderance of the evidence. (4) Enforcement: a. Each instance of the discharge of a firearm shall constitute a separate violation of this ordinance. b. A violation of this ordinance shall be punishable by a fine of $50 to $1,000. The fine shall be determined by the level to which the conduct of the violator has caused a risk of injury to others. c. This ordinance may serve as the basis for injunctive or other equitable relief, and nothing in this ordinance shall serve to limit the relief that may otherwise be attained at law. BE IT FURTHER ORDAINED, this ordinance shall be effective immediately upon its adoption by the McHenry County Board; and BE IT FURTHER ORDAINED, that the County Clerk is hereby authorized to distribute a certified copy of this Ordinance to the McHenry County Sheriff, the McHenry County State's Attorney, and the McHenry County Administrator. DATED at Woodstock, Illinois, this 15th day of April, A.D., ATTEST: TINA R. HILL, Chairwoman McHenry County Board KATHERINE C. SCHULTZ, County Clerk Packet Pg. 16

17 5.12 RESOLUTION RESOLUTION AUTHORIZING THE SHERIFF TO ENTER INTO PHASE III OF A BID CONTRACT WITH ELKHORN CHEMICAL AND CABAY AND COMPANY AND AUTHORIZATION TO SPEND OVER $20, FOR CLEANING CHEMICALS IN THE JAIL WITH EACH OF THESE VENDORS WHEREAS, the McHenry County Sheriff's Office budget provides for the purchase of housekeeping chemicals and other related supplies necessary for the operation of the Sheriff's Office; and WHEREAS, in fiscal year 2011 the Sheriff working with the Director of Purchasing issued a three (3) year bid request to fourteen potential vendors to supply the Sheriff's Office with cleaning chemicals and supplies; and WHEREAS, Cabay & Company and Elkhorn Chemical were identified as vendors offering suitable product and adequate pricing to meet the needs of the Sheriff's Office and were awarded the bid; and WHEREAS, the Sheriff has been satisfied with the products and service delivery supplied by both Cabay & Company and Elkhorn Chemical, and with Board approval would like to enter into Phase III of the contract for purchasing cleaning chemicals and supplies in fiscal year 2014; and NOW, THEREFORE BE IT RESOLVED, by this County Board of McHenry County, Illinois that the McHenry County Sheriff is hereby authorized to continue purchasing cleaning chemicals and supplies from Cabay & Company and Elkhorn Chemical for the period of 12/01/13 through 11/30/14 at the stated pricing option in Phase III of Bid #11-48; and BE IT FURTHER RESOLVED, the cost for cleaning chemicals and supplies have been projected at $147, in fiscal year 2014 budget and have been budgeted under the divisions of Corrections and Garage in the Sheriff's fiscal year 2014 budget; and BE IT FURTHER RESOLVED, that the County Clerk is hereby authorized to distribute a certified copy of this Resolution to the Sheriff, the Director of Purchasing; the County Auditor; the Associate County Administrator-Finance and the County Administrator. DATED at Woodstock, Illinois, this 15th day of April, A.D., ATTEST: TINA R. HILL, Chairwoman McHenry County Board KATHERINE C. SCHULTZ, County Clerk 3132 / AEWood Page 1 Packet Pg. 17

18 McHenry County Board County Board Room Woodstock, IL SCHEDULED Meeting: 04/07/14 08:15 AM Department: Sheriff's Department Category: Budget Prepared By: Angela Wood-Zuzevich 5.12 RESOLUTION DOC ID: 3132 TO: McHenry County Board FROM: Angela Wood-Zuzevich DATE: April 7, 2014 SUBJECT: Resolution Authorizing the Sheriff to Enter Into Phase III of a Bid Contract With Elkhorn Chemical and Cabay and Company and Authorization to Spend over $20, for Cleaning Chemicals in the Jail With Each of These Vendors Board / Committee Action Requested: Authorization to enter into Phase III of an agreement with Cabay & Company and Elkhorn Chemical for cleaning materials needed to maintain the Sheriff's areas, most notably, the McHenry County Jail. The Sheriff's Office seeks approval to spend over $20, with each of the stated vendors. Background and Discussion: Elkhorn Chemical and Cabay & Company were two of the vendors who responded to a 2011 bid numbered #11-48, which included pricing for three (3) years, Phase I-12/01/ /30/12, Phase II-12/01/12-11/30/13 and Phase III- 12/01/13-11/30/14. The Sheriff's Office has been satisfied with the product offerings and the pricing and is requesting to continue with Phase III. The Sheriff's Office FY14 budget is approved for $147, in and Jail/Cleaning Supplies. Impact on Human Resources: None Impact on Budget (Revenue; Expenses, Fringe Benefits): The McHenry County Sheriff's Office has an approved budget for these expenditures in Impact on Capital Expenditures: None Impact on Physical Space: None Impact on Other County Departments or Outside Agencies: None Conformity to Board Ordinances and Policies: Yes Page 2 Packet Pg. 18

19 5.13 RESOLUTION RESOLUTION AUTHORIZING A THREE YEAR/WITH ADDITIONAL OPTION YEARS PROPANE SUPPLY AGREEMENT AND DISPENSING EQUIPMENT LEASE WITH AMERIGAS PROPANE, L.P. OF GURNEE, ILLINOIS FOR THE SHERIFF'S DEPARTMENTAL VEHICLES WHEREAS, the McHenry County Sheriff has researched alternative fuel sources to be used in the County s squad vehicles that can reduce the effect of emissions on the air quality and during times of economic stability can be cost effective; and WHEREAS, after presenting a program to the Law and Justice Committee, the Sheriff was given permission to move forward in working with the Director of Purchasing to issue bids for pricing, equipment, and conversion kits for squad vehicles in order to move forward with testing the use of liquid propane in the vehicles; and WHEREAS, the bid was issued to three prospective vendors for the liquid propane, the tank and pumping equipment, and conversions kits, with two vendors responding; and WHEREAS, after reviewing all the required submitted materials the Sheriff is now recommending AmeriGas Propane, L.P., of Gurnee, IL as the lowest responsive responsible vendor. NOW, THEREFORE BE IT RESOLVED, by this County Board of McHenry County, Illinois that the Chairwoman of the Board is hereby authorized to enter into a three year contract and lease agreement plus additional option years with AmeriGas Propane, L.P., of Gurnee, Illinois for the purpose of purchasing liquid propane, conversion kits and the leasing of a storage tank and pumping equipment; and BE IT FURTHER RESOLVED, by this County Board of McHenry County, Illinois that all costs associated with this contract and lease agreement will be paid from and accounted for in the Sheriff fiscal year 2014 budget; and BE IT FURTHER RESOLVED, that the County Clerk is hereby authorized to distribute a certified copy of this Resolution to the McHenry County Sheriff, the Director of Purchasing, the Director of Facilities Management, the County Auditor, the Deputy County Administrator/Director of Risk Management, the Associate County Administrator - Finance, and the County Administrator. DATED at Woodstock, Illinois, this 15th day of April, A.D., ATTEST: TINA R. HILL, Chairwoman McHenry County Board KATHERINE C. SCHULTZ, County Clerk ATTACHMENTS: RFP scoring sheet Amerigan alternative fuels (DOCX) PROPANE FUEL TABULATION SHEET (DOCX) 3061 / RASarbau Page 1 Packet Pg. 19

20 5.13 RFP scoring sheet Amerigas (DOCX) McHenry Autogas Contract (DOCX) Packet Pg. 20

21 McHenry County Board County Board Room Woodstock, IL SCHEDULED Meeting: 04/07/14 08:15 AM Department: Sheriff's Department Category: Contract & Agreement Prepared By: Ralph Sarbaugh 5.13 RESOLUTION DOC ID: 3061 TO: McHenry County Board FROM: Angela Wood-Zuzevich DATE: April 7, 2014 SUBJECT: Resolution Authorizing a Three Year/With Additional Option Years Propane Supply Agreement and Dispensing Equipment Lease with AmeriGas Propane, L.P. of Gurnee, Illinois for the Sheriff's Departmental Vehicles Board / Committee Action Requested: Approval of a three year with additional option years contract with AmeriGas, Propane, L.P., for the purchase of Liquid Propane for the Sheriff Squad vehicles, Conversion Kits for the vehicles, Training for the Sheriff Garage Mechanics, and a lease for Dispensing Equipment (tank and related pumping equipment). Background and Discussion: The Sheriff's Department is wanting to convert the squad vehicles to multi-energy use vehicles in order to reduce the effects on air quality by utilizing a cleaner (and sometimes cheaper) burning fuel source. After a presentation to the Law and Justice Committee, the Sheriff was given approval to move forward in researching the costs involved with said conversion and then bringing forward a resolution for County Board approval. Impact on Human Resources: NA Impact on Budget (Revenue; Expenses, Fringe Benefits): The assumption is that the Sheriff's current budget for gasoline will be reduced by the use of the alternative fuel source which should then cover the purchase of said alternative fuel. Impact on Capital Expenditures: Propane Tank and pumping equipment will be leased, conversion kits will be offset by energy grant. Impact on Physical Space: Need to install Propane Tank Impact on Other County Departments or Outside Agencies: N/A Conformity to Board Ordinances and Policies: Yes Attachments / Appendices: RFP scoring sheet Amerigan alternative fuels (DOCX) PROPANE FUEL TABULATION SHEET (DOCX) RFP scoring sheet Amerigas (DOCX) McHenry Autogas Contract (DOCX) Page 3 Packet Pg. 21

22 American Alternative Fuels SCORING 5.13.a SCORING SHEET RFP # Conversion, Installation and Service of Propane Autogas Systems and Vehicle Refueling A B C Criterion Maximum Points Comments Qualifications and experience for the specific scope of services as set forth herein (50 Pts.) 10 Compliance with requirements of this RFP (40 pts). 0 Cost Proposal based on the contract description (5 pts) 0 References (5 possible points) TOTALS 11 1 Company listed references but operates primarily as a middle man. Company does not have any significant assets or infrastructure with regard to propane delivery. Requested a vapor injection system. A secondary company was listed and proposed a liquid injection system. Fuel margin of 2.15 cents per gallon for the 2 nd and 3 rd year for the program. Gave references but no specific 2 Law Enforcement agencies and nothing in Illinois. Instructions to Evaluator: Complete a separate evaluation form for each proposal reviewed. Each criterion must be assigned a score unless you are instructed otherwise on the form. Make additional notes in the comments section for reference and discussion during meetings of the full evaluation panel. The point values entered above reflect my best independent judgment of the merits of the identified Vendor s proposal. Attachment: RFP scoring sheet Amerigan alternative fuels (3061 : Authorizing Agreement & Dispensing Equip. Lease for Propane) Packet Pg. 22

23 TABULATION SHEET Date: 01/31/ b County of McHenry Purchasing Dept Bid/RFP: Conversion, Installation & Service of Propane Autogas Systems & Vehicl Refueling VENDOR CITY/STATE VENDOR VENDOR VENDOR Alternative Fuel Supply Schaumburg, IL. AmeriGas Palatine, IL. ORIGINAL SIGNATURE Yes Yes MANDATORY PAGES Yes Yes Propane (autogas) Fixed Price Per Gallon Feb. 7, 2014 thru Nov. 30, 2014 $3.35 Dec. 1, 2014 thru Nov. 30, 2015 $2.15 Conway Spot Plus Dec. 1, 2015 thru Nov. 30, 2016 Conversion Kit and Installation Included N/A N/A $2.15 Conway Spot Plus Feb. 7, 2014 thru Nov. 30, 2014 Margin $0.35 Frt/Tariff $0.13 Conway Daily Post $3,795.00/Kit & Frt. Dec. 1, 2014 thru Nov. 30, 2015 Increase per proposal not to exceed 3% annually Dec. 1, 2015 thru Nov. 30, 2016 Increase per proposal not to exceed 3% annually Training of County Mechanics $4, N/A N/A $ N/A N/A Cost for Propane (autogas) Tank Installed Included N/A N/A N/A N/A N/A Please list other costs that may be associated with this service: Does your company have a formal safety policy & your employees participate in safety training? Upon request, would you be able to provide the County with a copy of your safety policy? Estimated start date after receipt of order #days: N/A N/A N/A Yes Yes McHenry County Responsible for Electric service to Dispenser, crash protection & pad prep. Yes Yes 30 Days 45 Days Feb. 7, 2014 thru Nov. 30, 2014 Dec. 1, 2014 thru Nov. 30, 2015 Dec. 1, 2015 thru Nov. 30, 2016 Attachment: PROPANE FUEL TABULATION SHEET (3061 : Authorizing Agreement & Dispensing Equip. Lease for Propane) INTERNAL USE ONLY Packet Pg. 23

24 Days till completion: 120 days 10 Days TABULATION SHEET Date: 01/31/ b County of McHenry Purchasing Dept Bid/RFP: Conversion, Installation & Service of Propane Autogas Systems & Vehicl Refueling Sent to 3 potential bidders Submittals received from 2. Attachment: PROPANE FUEL TABULATION SHEET (3061 : Authorizing Agreement & Dispensing Equip. Lease for Propane) INTERNAL USE ONLY Packet Pg. 24

25 AMERIGAS SCORING 5.13.c SCORING SHEET RFP # Conversion, Installation and Service of Propane Autogas Systems and Vehicle Refueling A B C Criterion Maximum Points Comments Qualifications and experience for the specific scope of services as set forth herein (50 Pts.) 50 Compliance with requirements of this RFP (40 pts). 40 Cost Proposal based on the contract description (5 pts) 5 References (5 possible points) TOTALS Company has significant assets and infrastructure with regard to propane sales and delivery. Company has successfully installed these conversion kits on other vehicles for Police Agencies. Not given 50 b/c they asked for a 3 year contract vs. a year to year w/ renewal option due to their cost of approx. 30 thousand for fueling/dispensing infrastructure. Fuel margin of.48 cents per gallon with minimal yearly increase of a few cents. Conversion kits at or lower cost that available state rebate. 2 Law Enforcement agencies and a Chicago area bakery. Instructions to Evaluator: Complete a separate evaluation form for each proposal reviewed. Each criterion must be assigned a score unless you are instructed otherwise on the form. Make additional notes in the comments section for reference and discussion during meetings of the full evaluation panel. The point values entered above reflect my best independent judgment of the merits of the identified Vendor s proposal. Attachment: RFP scoring sheet Amerigas (3061 : Authorizing Agreement & Dispensing Equip. Lease for Propane) Packet Pg. 25

26 5.13.d PROPANE SUPPLY AGREEMENT & DISPENSING EQUIPMENT LEASE This Propane Supply Agreement and Dispensing (Equipment) Lease ( Agreement ) is between AmeriGas Propane, L.P., (the Company ), Address: 1030 N. Skokie Hwy., Gurnee, IL and the County of McHenry ( Customer ) and will be in effect for an initial term of three (3) years, from the date of execution, with an optional extension term(s) which shall run from year to year thereafter. after the initial 3 year term. This contract may be terminated pursuant to the terms contained in this Agreement. Customer: County of McHenry Address: 2200 N. Seminary Avenue, Woodstock, IL Phone: Fax: Primary Contact: Mr. Donald A. Gray, CPPB Director of Purchasing dagray@co.mchenry.il.us TERMS & CONDITIONS 1. Equipment. The Company agrees to install and to lease to Customer at Customer s delivery address the propane dispensing unit and related equipment listed in Attachment B (the Equipment ). The Equipment making up the dispensing unit together with all replacements, repairs, substitutions, additions and accessories (collectively referred to as Equipment ) will be of size, make and model that Company, in its sole judgment, deems necessary and appropriate for Customer s business operation. Customer shall be liable for all loss of and damage to the Equipment while in Customer s possession, normal wear and tear excepted. Customer will promptly surrender, at Company's the expense of the Company, to the Company all of the Equipment when this Agreement is terminated for any reason. Any Equipment that is lost or damaged during the term or is not surrendered at the end of this Agreement will be billed to Customer at replacement cost. Customer authorizes the Company to replace its Equipment at any time with no changes in the obligations of this Agreement. 2. Propane Supply. Customer will purchase from the Company all of the propane Customer requires for use at Customer s premises, or the delivery address listed above, during the term of this Agreement. FOR SAFETY AND OTHER REASONS, CUSTOMER AGREES THAT ONLY PROPANE SOLD BY THE COMPANY SHALL BE USED WITH THE EQUIPMENT. 3. Services to be Performed by Customer. Customer will provide a suitable location for the Equipment and will be responsible for the payment for any and all required Crash Protection, Electrical Supply to the Equipment, Pad Preparation if required and/or fire safety devices as mandated by the National Fire Protection Association Pamphlet 58, the local authority having jurisdiction and any and all state or local laws, rules, regulations and/or ordinances. All service performed by Customer shall be done in a neat and workmanlike manner and in compliance with Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman, 12 pt, Font color: Auto Formatted: Font: (Default) Times New Roman, 12 pt, Not, Not, Not, Not, Not, Not, Not Formatted: Font: (Default) +Body, Not, Not, Not Attachment: McHenry Autogas Contract (3061 : Authorizing Agreement & Dispensing Equip. Lease for Propane) Packet Pg. 26

27 5.13.d all federal, state and local laws, statutes, rules and regulations/ordinances, as well as all applicable safety codes, standards and regulations, and must meet the Company s reasonable satisfaction. Notwithstanding the foregoing, Company will provide certain installation services and pay for all necessary state and local permits subject to the terms and conditions in the attached quote and applicable early termination fees. 4. Fees, Pricing and Charges. A) Propane Pricing Customer agrees to pay the Company s applicable non-refundable prices in effect on the date that propane or Equipment is delivered or services are rendered. Pricing structure is outlined in Attachment A. Customer will pay rent to Company in the amount of _$0.00 per month for the use of the Equipment. Customer agrees to pay any taxes and licenses, permit or inspection fees associated with the sale or use of the propane and the Equipment covered by this Agreement. 5. Payment Terms. Propane: Customer agrees to pay all fees, rates, and charges required by this Agreement within thirty days after the invoice date or on the due date, whichever is later, to the location designated by Company. Customer will receive a Monthly Consolidated Invoice for all propane deliveries. Where permitted by law, Customer agrees that Company may send Customer an invoice instead of a delivery ticket. If Customer fails to pay any fees, rates, or charges within 60 days after the invoice or due date, Company may, unless prohibited by law, add a monthly late charge of one and one-half percent of the average daily balance or a late charge of $36.00, whichever is greater. Company reserves the right to require Customer to pay for propane deliveries or services in advance or to post a cash deposit, which may be applied by Company at any time in whole or in part to the outstanding balance. If Customer receives a delivery ticket or service/work order and is billed-on-the road, Customer agrees to pay within ten days of the delivery or service. Conversion Kits: 50% of the Conversion Kit fee is due upon the order placement. The remaining 50% is due net 10 days from receipt of the completed order. Mechanic Training: Payment is due net 10 days from the completion of the training. 6. Title to Equipment. All Equipment leased by the Company to Customer will remain the property of the Company and shall not become a fixture or a part of Customer s real property. Customer will not, nor will it allow anyone other than Company, to pump-out or make any adjustments, connections or disconnections to the Equipment or remove the Equipment without written permission from the Company. Customer shall notify the Company immediately if the Equipment is damaged, appears defective, malfunctions or if Customer experiences any problems with the Equipment. 7. Access to Equipment. The Dispensing Equipment must be secured at all times to prevent the unauthorized use of the Equipment. Customer grants the Company the irrevocable right to enter Customer s premises at any time to deliver propane or to install, repair, service or remove any or all of the Equipment, or to perform any other services that the Company deems necessary under this Agreement, without prior notice, judgment or other process of law. Customer agrees to provide safe and unimpeded access to the Dispensing Equipment,, Not, Not, Not, Not, Not Comment [TS1]: The payment address should be contained in the Agreement. Formatted: Font: (Default) Times New Roman Comment [TS2]: The method of billing should be consistent. Formatted: Font: (Default) Times New Roman Attachment: McHenry Autogas Contract (3061 : Authorizing Agreement & Dispensing Equip. Lease for Propane) Packet Pg. 27