JOURNAL OF THE PROCEEDINGS OF THE BOARD OF COMMISSIONERS OF COOK COUNTY JANUARY 18, 2012

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1 JOURNAL OF THE PROCEEDINGS OF THE BOARD OF COMMISSIONERS OF COOK COUNTY JANUARY 18, 2012 TONI PRECKWINKLE, PRESIDENT 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 JEFFREY R. TOBOLSKI COUNTY CLERK DAVID ORR

2 TABLE OF CONTENTS FOR JANUARY 18, 2012 Call to Order... 1 Invocation... 1 Recess/Reconvene... 2 Board of Commissioners of Cook County PRESIDENT Ordinance: 12-O-07 Renewal of a new Cable Franchise Agreement, as Amended... 2 Proposed Appointments... 6 Proposed Reappointment... 6 Proposed Resolution... 7 Resolution: 12-R-31 Supporting a Comprehensive Review on the Issuance of Bonds, as Amended... 4 COMMISSIONERS Request to Amend a Previously Approved Resolution... 8 Proposed Ordinance Amendments Proposed Ordinance Proposed Resolution Resolution: 12-R-32 Congratulating the Saint Xavier University Football Team on Winning their First National Association of Intercollegiate Athletics (NAIA) National Championship Consent Calendar Resolutions: 12-R-33 Honoring Bennie Martin, Executive Cook County Law Librarian for his servic R-34 Honoring Fredda Berman, Director of Real Estate and Tax Services, upon her retirement R-35 Honoring Diane Janosek, Deputy Budget Director, Department of Budget and Management Services, upon her retirement R-36 McGlother Mac Irvin, Jr. - In Memoriam R-37 Honoring Gerald (Jerry) J. Roper for his longstanding commitment to civic services and to the people and businesses of Cook County R-38 Honoring Mona Nasser Hersheway on the occasion of her 100th Birthday R-39 James Bowman - In Memoriam R-40 Robert Alan Pritzker - In Memoriam R-41 Diane Dispensa - In Memoriam... 33

3 12-R-42 Edward P. Shilney - In Memoriam Reports of Committees Zoning and Building January 18, O-08 (Zoning) Special Use in Northfield Township Finance January 18, Finance Subcommittee on Litigation January 18, Legislation and Intergovernmental Relations January 18, Rules and Administration January 18, Business from Department Heads and Elected Officials ADMINISTRATION, BUREAU OF Resolution: 12-R-43 Appointing the Superintendent of Highways 114 ANIMAL CONTROL DEPARTMENT 12-R-44 Declaring the month of February as National Spay and Neuter Month in Cook County BUDGET AND MANAGEMENT SERVICES, DEPARTMENT OF Report BUILDING AND ZONING, DEPARTMENT OF Waiver Of Permit Fees COUNTY CLERK, OFFICE OF THE Grant Awards Contracts ENVIRONMENTAL CONTROL, DEPARTMENT OF Grant Award FISCAL ADMINISTRATION AND SUPPORT SERVICES, SHERIFF'S DEPARTMENT OF Grant Award Addendum HOMELAND SECURITY AND EMERGENCY MANAGEMENT, DEPARTMENT OF Proposed Ordinance Amendment HIGHWAY DEPARTMENT Proposed Agreement Resolution Improvement Resolutions: 12-R-145 (Improvement) 87th Street, Cliff Street to 96th Avenue (LaGrange Road) R-146 (Improvement) 88th Avenue at 105th Street R-147 (Improvement) Schaumburg Road, Barrington Road to Roselle Road Supplemental Improvement Resolution: iv

4 12-R-148 (Supplemental Improvement) 88th Avenue, 103rd Street to 87th Street Completion of Construction Approval Resolution: 12-R-149 (Completion of Construction) Elk Grove Township 2009-E.R.P. Project Changes in Plans and Extra Work Report HUMAN RESOURCES, BUREAU OF Report Proposed Resolutions JUVENILE TEMPORARY DETENTION CENTER Transfer of Funds PLANNING AND DEVELOPMENT, DEPARTMENT OF Proposed Resolutions PURCHASING AGENT, OFFICE OF THE Request to Amend Previously Approved Contracts REAL ESTATE MANAGEMENT DIVISION Amendments to Lease Termination of Lease Agreement Assignment of Ground Lease Agreement REVENUE, COOK COUNTY DEPARTMENT OF Intergovernmental Agreement STATE'S ATTORNEY, OFFICE OF THE Grant Award Renewals Pending Litigation WOMENS JUSTICE SERVICES, SHERIFF'S DEPARTMENT OF Grant Award Adjournment v

5 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 Wednesday, January 18, :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 and Tobolski (16). Absent: Commissioner Suffredin (1). INVOCATION Reverend Father Aren Jebejian of the Armenian Apostolic Orthodox Church gave the Invocation.

6 President Preckwinkle moved that the meeting do now recess for the purpose of holding the various committee meetings. President Preckwinkle in the Chair. BOARD RECONVENED 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 and Tobolski (16). Absent: Commissioner Suffredin (1). BOARD OF COMMISSIONERS OF COOK COUNTY PRESIDENT ORDINANCE Transmitting a Communication, dated December 28, 2011 from LAURA LECHOWICZ FELICIONE, Special Legal Counsel, Office of the President In accordance with Chapter 78 of the County's Code of Ordinances, on June 5, 2007, the Cook County Board of Commissioners authorized the execution of a new Cable Franchise Agreement ("Agreement") with Comcast of California/ Illinois, LP; Comcast of Illinois VI, LLC; Comcast of California/ Colorado/ Illinois/ Indiana/ Texas, LLC; Comcast of Illinois/ Indiana; Comcast of Illinois IV, Inc.; Comcast of Illinois/ West Virginia, LLC; Comcast of Illinois/ Texas, LLC; Comcast of Illinois/ Indiana/ Michigan ("Comcast"). The Agreement provided for a five (5) year term with an option to extend/renew the Agreement upon the same terms and conditions for two (2) additional two (2) year terms. Per the terms of the Agreement Comcast submitted its request for an extension/renewal to the County on June 29, The extension/renewal would be effective on June 4, 2012 and would expire on June 3, 2014 unless further extended by the Board. The renewal/extension is based upon the original terms of the Agreement and the County would continue to receive 5% of Comcast's gross revenues for the franchise area, the statutory maximum, which is approximately $1,000, per year. Per the terms of the Agreement, it is hereby requested that the Board authorize an extension/renewal of the June 5, 2007 Cable Franchise Agreement by Ordinance. 12-O-07 ORDINANCE 2

7 Sponsored by THE HONORABLE TONI PRECKWINKLE PRESIDENT OF THE COOK COUNTY BOARD OF COMMISSIONERS WHEREAS, Section 6(a) of Article VII of the Illinois Constitution provides in relevant part that a home rule unit "may exercise any power and perform any function pertaining to its government and affairs including, but not limited to, the power to regulate for the protection of the public health, safety, morals and welfare; to license; to tax..."; and WHEREAS, Section 5/ of the Counties Code, 55 ILCS 5/5-1095, provides in relevant part that "The County Board may license, tax or franchise the business of operating a community antenna television system or systems within the County ; and WHEREAS, the Cook County Board of Commissioners (the Board ) adopted Ordinance ("the Cook County Cable Television Ordinance" or "the Cable Ordinance"), to provide for the non-exclusive franchising and regulation of CATV Systems within Unincorporated Cook County; and WHEREAS, the County seeks to provide cable Franchises and renewals in an equitable and nondiscriminatory manner, taking all relevant facts and circumstances into account, so as to allow all cable television Franchisees to provide service within Unincorporated Cook County on a fair and competitive footing; and WHEREAS, Comcast of California/ Illinois, LP; Comcast of Illinois VI, LLC; Comcast of California/ Colorado/ Illinois/ Indiana/ Texas, LLC; Comcast of Illinois/ Indiana; Comcast of Illinois IV, Inc.; Comcast of Illinois/ West Virginia, LLC; Comcast of Illinois/ Texas, LLC; Comcast of Illinois/ Indiana/ Michigan, Inc. ("Comcast" or the "Grantee ) requested a renewal of its various cable television franchise(s) to provide CATV Service in the County; a new Cable Franchise Agreement was negotiated and granted on June 5, 2007 by the Board; and WHEREAS, the June 5, 2007 Cable Franchise Agreement provided for a five (5) year term with an option to extend the term of the Franchise by two (2) additional years upon Grantee s written request to the County to renew the franchise for two (2) years upon the same terms and conditions as the June 5, 2007 Cable Franchise Agreement; this renewal may be extended for another two (2) year term conditioned on the above; and WHEREAS, the Grantee has constructed and installed, and is currently maintaining and operating a CATV System in Unincorporated Cook County pursuant to the Franchise Agreement which is set to expire on June 4, 2012; and WHEREAS, the Grantee provided to the County a letter stating the Grantee s intent to renew its cable television Franchise agreement pursuant to Section 626 of the Communications Act of 1934, 47 U.S.C. Section 546; which the County received and subsequently the Grantee and the County conducted Franchise renewal negotiations pursuant to 47 U.S.C. Section 546(h); and WHEREAS, the County has reviewed the Grantee s performance with the County per the terms of the Cable Franchise Agreement; and WHEREAS, the County has determined that it is in the public interest to renew the grant of a nonexclusive cable television franchise to the Grantee in accordance with the terms of the Cable Franchise Agreement entered into on June 5,

8 NOW, THEREFORE, BE IT ORDAINED, that the Cook County Board of Commissioners hereby authorizes a renewal of the June 5, 2007 Cable Franchise Agreement upon the same terms and conditions with Comcast of California/Illinois, LP; Comcast of Illinois VI, LLC; Comcast of California/Colorado/Illinois/Indiana/Michigan, LP; Comcast of California/Colorado/Illinois/Indiana/Texas, LLC; Comcast of Illinois/Indiana; Comcast of Illinois IV, Inc.; Comcast of Illinois/West Virginia, LLC; Comcast of Illinois/Texas, LLC; Comcast of Illinois/Indiana/Michigan, Inc. ( the Grantee ); and BE IT FURTHER ORDAINED, that the President be authorized to execute an addendum to the June 5, 2007 Cable Franchise Agreement authorizing a two (2) year extension/renewal of the June 5, 2007 Cable Franchise Agreement with the extension period to begin on June 4, 2012 and expire on June 3, Approved and adopted this 18th day of January TONI PRECKWINKLE, President Cook County Board of Commissioners Attest: DAVID ORR, County Clerk Commissioner Daley, seconded by Commissioner Sims, moved that the Ordinance be approved and adopted, as amended. The motion carried. Commissioner Gorman voted no. RESOLUTION 12-R-31 RESOLUTION Sponsored by THE HONORABLE TONI PRECKWINKLE, PRESIDENT AND JERRY BUTLER, JOHN A. FRITCHEY, BRIDGET GAINER, JESUS G. GARCIA, DEBORAH SIMS, JOHN P. DALEY, JOAN PATRICIA MURPHY, EDWIN REYES, TIMOTHY O. SCHNEIDER, PETER N. SILVESTRI, ROBERT B. STEELE AND JEFFREY R. TOBOLSKI COUNTY COMMISSIONERS Co-Sponsored by THE HONORABLE WILLIAM M. BEAVERS, EARLEAN COLLINS, ELIZABETH LIZ DOODY GORMAN, GREGG GOSLIN, COUNTY COMMISSIONERS A RESOLUTION SUPPORTING A COMPREHENSIVE REVIEW ON THE ISSUANCE OF BONDS WHEREAS, Cook County strives to implement procedures and mandate provisions to account for the public safety of all of its residents; and 4

9 WHEREAS, Cook County should take steps to continue to evaluate the criminal justice system to ensure the public safety of all its residents; and WHEREAS, Cook County offices should undertake efforts to study the criminal justice system and implement policies and programs that increase public safety; and WHEREAS, Cook County should provide and enhance pre-trial services in an effort to reduce the risk of flight, promote successful reintegration into communities, and ensure fair and equitable access to justice; and WHEREAS, in the interest of justice and public safety, Cook County should explore ways to support enhanced pre-trial services at Central Bond Court which could assist the judicial branch in its decision making process as it relates to making better informed release or detention decisions; and WHEREAS, Cook County Board President Toni Preckwinkle has requested the Cook County Judicial Advisory Council ( Council ) to conduct a comprehensive study on the issuance of bonds over the next six months; and WHEREAS, per the Council s role, this six-month study undertaken by the Council will result in a factual report that will include recommendations for the administration of justice; and WHEREAS, through the efforts agreed to be undertaken by the Judicial Advisory Council, which is chaired by Illinois Supreme Court Justice Anne M. Burke and includes Judge William Hooks, Judge Michael Stuttley (ret.), Attorney Victor P. Henderson and Attorney Virginia Martinez, the Council will consult with the key public safety stakeholders and make recommendations as to how pre-trial services may be enhanced to carry out our shared goals of public safety. NOW, THEREFORE, BE IT RESOLVED, that Cook County Board President Toni Preckwinkle and the Cook County Board of Commissioners note their support of this initiative undertaken by the Judicial Advisory Council to conduct a comprehensive study on the issuance of bonds over the next six (6) months at the request of the President; and BE IT FURTHER RESOLVED, that all relevant County Offices and Agencies, including but not limited to, the Office of the Cook County State's Attorney, the Office of the Cook County Sheriff, the Office of the Chief Judge, the Judicial Advisory Council and the Office of the Public Defender are encouraged to share information and collaborate in the comprehensive review undertaken by the Judicial Advisory Council; and BE IT FURTHER RESOLVED, upon conclusion of its review, the Judicial Advisory Council shall communicate the results of its study and any recommendations to the President, the Board of Commissioners and the public safety stakeholders. Approved and adopted this 18th day of January TONI PRECKWINKLE, President Cook County Board of Commissioners Attest: DAVID ORR, County Clerk 5

10 Commissioner Garcia, seconded by Commissioner Daley, moved that the Resolution be approved and adopted, as amended. The motion carried unanimously. PROPOSED APPOINTMENTS Transmitting a Communication dated January 18, 2012 from TONI PRECKWINKLE, President, Cook County Board of Commissioners Please be advised that I hereby appoint Mr. Stanley Rakestraw to the Metra Board of Directors for a term to begin immediately and to expire on March 31, Mr. Rakestraw will fill the vacancy of Mr. Willis E. Pennington, Jr. I submit this communication for your approval. 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 Fritchey, seconded by Commissioner Steele, moved that the communication be referred to the Committee on Legislation and Intergovernmental Relations. (Comm. No ). The motion carried unanimously. * * * * * Transmitting a Communication dated January 18, 2012 from TONI PRECKWINKLE, President, Cook County Board of Commissioners Please be advised that I hereby appoint Ms. Maribeth Vander Weele to the Cook County Board of Ethics for a term to begin immediately and to expire November 1, Mrs. Vander Weele will fill the vacancy of Mr. John J. Pikarski, Jr. I submit this communication for your approval. 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 Fritchey, seconded by Commissioner Steele, moved that the communication be referred to the Committee on Legislation and Intergovernmental Relations. (Comm. No ). The motion carried unanimously. PROPOSED REAPPOINTMENT Transmitting a Communication dated January 18, 2012 from TONI PRECKWINKLE, President, Cook County Board of Commissioners 6

11 Please be advised that I hereby reappoint Mr. Juan Calixto to the Cook County Board of Ethics for a term to begin immediately and to expire November 1, I submit this communication for your approval. 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 Fritchey, seconded by Commissioner Garcia, moved that the communication be referred to the Committee on Legislation and Intergovernmental Relations. (Comm. No ). The motion carried unanimously. Submitting a Proposed Resolution sponsored by: TONI PRECKWINKLE, President and EARLEAN COLLINS, County Commissioner PROPOSED RESOLUTION PROPOSED RESOLUTION JTDC INVESTIGATION RESOLUTION WHEREAS, the Cook County Juvenile Temporary Detention Center (JTDC) is responsible for providing temporary secure housing to youth from the age of 10 through 16 years, who are awaiting adjudication of their cases by the Juvenile Division of the Cook County Courts; and WHEREAS, on January 15, 2012 at approximately 4:00 pm Terry Bell, a 16 year old JTDC resident, died; and WHEREAS, there has been no expert determination to date of the events leading to, and the exact cause of, Terry Bell s death; and WHEREAS, it is expected that any death of residents at the JTDC and protocol addressing the same is to be given the highest priority by the JTDC administrators. NOW, THEREFORE, BE IT RESOLVED, that the Cook County Board of Commissioners does hereby request that Earl Dunlap, the Transitional Administrator for the JTDC (the Transitional Administrator), seek approval from the federal monitor for the initiation of an independent investigation of Terry Bell s death; and BE IT FURTHER RESOLVED, that the Cook County Board of Commissioners does hereby request that upon receiving such approval, the Transitional Administrator, in conjunction with the President s Office, assemble an independent team of medical, legal, and/or juvenile corrections experts (the Investigation Team) to investigate the events surrounding and exact cause of Terry Bell s death; and BE IT FURTHER RESOLVED, that the Cook County Board of Commissioners does hereby request that the Investigation Team share its findings regarding Terry Bell s death with the Board, the 7

12 Transitional Administrator, and the President s Office within sixty (60) days of the passage of this Resolution. 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 Collins, seconded by Commissioner Reyes, moved that the Proposed Resolution be referred to the Committee on Criminal Justice. (Comm. No ). The motion carried unanimously. COMMISSIONERS REQUEST TO AMEND A PREVIOUSLY APPROVED RESOLUTION The following item was deferred at the December 14, 2011 Board Meeting: Transmitting a Communication, dated December 7, 2011 from JOAN PATRICIA MURPHY and ROBERT B. STEELE, County Commissioners requesting authorization for the Cook County Board of Commissioners to approve as amended (Comm. No ), which was previously approved on the November 15, 2011 Board Agenda in the Finance (Public Hearing) Committee Report of November 14, The amendment is indicated by the underscored and stricken language. PROPOSED RESOLUTION COURTHOUSE FACILITY PARKING RESOLUTION WHEREAS, since 2006, the Cook County Board of Commissioners have discussed the need to have a plan to implement fee-based parking at all Cook County owned parking lots; and WHEREAS, implementing fee based parking at the Cook County Courthouse Facilities will provide a revenue resource that will not only assist in deficit reduction but will help offset the costs of the parking facilities; and WHEREAS, the Department of Facilities Management supervises County owned parking lots and is working with the Purchasing and Revenue Departments to implement fee-based parking; and WHEREAS, fee-based parking should be implemented at the following Cook County Courthouse Facilities: Criminal Courts Complex (26th Street); Bridgeview Courthouse; Skokie Courthouse; Maywood Courthouse; Markham Courthouse and the Rolling Meadows Courthouse; and WHEREAS, fees should be charged to any individual or employee entering utilizing the Cook County Courthouse Facility parking garages on a daily basis in an amount no less than $4.75 a day; and 8

13 WHEREAS, monthly passes should be made available that could be applied for monthly use at any one of the Cook County Courthouse Facility parking garages for a fee of no less than $65.00; and WHEREAS, any individual acting as a juror, law enforcement personnel on official business, a voter participating in an early voting site, or witness under subpoena from the Cook County State s Attorney or Cook County Public Defender, and handicapped persons and disabled veterans is are exempt from having to pay a fee to park in any Cook County Courthouse Facility. BE IT RESOLVED, by the Cook County Board of Commissioners that the Departments of Facilities Management, Purchasing and Revenue Departments implement fee based parking at the following Cook County Courthouse Facility parking garages: Criminal Courts Complex (26th Street); Bridgeview Courthouse; Skokie Courthouse; Maywood Courthouse; Markham Courthouse and the Rolling Meadows Courthouse; and BE IT FURTHER RESOLVED, by the Cook County Board of Commissioners that the Departments of Facilities Management, Purchasing and Revenue shall work together to implement the fee based parking, and to exempt jurors, law enforcement personnel on official business or witnesses under subpoena from the Cook County State s Attorney or Cook County Public Defender, and handicapped persons and disabled veterans from having to pay the fee, within 6 months of the effective date of this Resolution inclusive of any applicable tax other than parking taxes imposed by Cook County; and BE IT FURTHER RESOLVED, by the Cook County Board of Commissioners that the Departments of Facilities Management, Purchasing and Revenue report back to the Board of Commissioners within 120 days regarding the status of the implementation of fee based parking and exemptions at the Cook County Courthouse Facility parking garages. Commissioner Murphy, seconded by Commissioner Steele, moved that the communication be referred to the Committee on Finance. (Comm. No ). The motion carried unanimously. PROPOSED ORDINANCE AMENDMENT Submitting a Proposed Substitute Ordinance Amendment sponsored by TIMOTHY O. SCHNEIDER, ELIZABETH LIZ DOODY GORMAN and GREGG GOSLIN, County Commissioners PROPOSED SUBSTITUTE ORDINANCE AMENDMENT POLICY FOR RESPONDING TO ICE DETAINERS Sec Policy for responding to ICE detainers. (a) The Sheriff of Cook County shall decline ICE detainer requests unless there is a written agreement with the federal government by which all costs incurred by Cook County in complying with the ICE detainer shall be reimbursed or the individual referenced in the detainer: (1) Has been charged with: (A) A felony which is a forcible felony in Illinois, or the equivalent under the law of any other jurisdiction, as defined in 720 ILCS 5/2-8 treason, first degree 9

14 murder, second degree murder, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, robbery, burglary, residential burglary, aggravated arson, arson, aggravated kidnapping, kidnapping, aggravated battery resulting in great bodily harm or permanent disability; or (B) (C) A Class 2 felony or greater offense under the Illinois Controlled Substances Act, 720 ILCS 570/100 et seq., the Cannabis Control Act, 720 ILCS 550/1 et seq., or the Methamphetamine Control and Community Protection Act, 720 ILCS 646/1 et seq., or the equivalent under the law of any other jurisdiction; or A felony offense under the Illinois Compiled Statutes resulting in the death, great bodily harm or permanent disability or disfigurement of any individual; or (2) Is listed on the Terrorist Identities Datamart Environment (TIDE) (b) Unless ICE agents have a criminal warrant, or County officials have examined the individuals criminal history and believe the individual is eligible to have his detainer honored pursuant to 46-37(a), ICE agents shall not be given access to individuals or allowed to use County facilities for investigative interviews or other purposes, and County personnel shall not expend their time responding to ICE inquiries or communicating with ICE regarding individuals incarceration status or release dates while on duty. (c) There being no legal authority upon which the federal government may compel an expenditure of County resources to comply with an ICE detainer issued pursuant to 8 USC 1226 or 8 USC 1357(d), there shall be no expenditure of any County resources or effort by on-duty County personnel for this purpose, except as expressly provided within this Ordinance. (d) Any person who alleges a violation of this Ordinance may file a written complaint for investigation with the Cook County Sheriff s Office of Professional Review. (e) Nothing in this Section shall prohibit, or be construed as prohibiting the Sheriff of Cook County from identifying and reporting any person pursuant to State and federal law or regulation who is in custody after being booked for the alleged commission of a felony and is suspected of violating the civil provisions of the immigration laws. In addition, nothing in this Section shall preclude any County department, agency, officer, or employee from (a) reporting information to ICE regarding an individual who has been booked at any county jail facility, and who has previously been convicted of a felony under the laws of the State of Illinois; (b) cooperating with an ICE request for information regarding an individual who has been convicted of a felony committed in violation of the laws of the State of Illinois; or (c) reporting information as required by federal or state statute, regarding an individual who has been convicted of a felony committed in violation of the laws of the State of Illinois. Commissioner Schneider, seconded by Commissioner Goslin, moved to accept the Substitute Ordinance Amendment. The motion carried unanimously. Commissioner Schneider, seconded by Commissioner Steele, moved that the Substitute Ordinance Amendment be referred to the Legislation and Intergovernmental Relations Committee. Commissioner Garcia called for a Roll Call, the vote of yeas and nays being as follows: ROLL CALL ON MOTION TO REFER THE SUBSTITUTE ORDINANCE AMENDMENT 10

15 Yeas: Commissioners Beavers, Butler, Collins, Daley, Fritchey, Gainer, Garcia, Goslin, Murphy, Reyes, Schneider, Silvestri, Sims, Steele, Tobolski 15. Nays: Commissioners Gorman - 1. Absent: Commissioners Suffredin - 1. The motion to REFER the Substitute Ordinance Amendment CARRIED. * * * * * Submitting a Proposed Ordinance Amendment sponsored by: PETER N. SILVESTRI and JOHN P. DALEY, County Commissioners PROPOSED ORDINANCE AMENDMENT POLICY FOR RESPONDING TO ICE DETAINERS Sec Policy for responding to ICE detainers. (a) The Sheriff of Cook County shall may decline ICE detainer requests unless there is a written agreement with the federal government by which all costs incurred by Cook County in complying with the ICE detainer shall be reimbursed. (b) Unless ICE agents have a criminal warrant, or county officials have a legitimate law enforcement purpose that is not related to the enforcement or immigration laws, ICE agents shall not be given access to individuals or allowed to use county facilities for investigative interviews or other purposes, and county personnel shall not expend their time responding to ICE inquires or communicating with ICE regarding individuals incarceration status or release dates while on duty. (c) (b) There being no legal authority upon which the federal government may compel an expenditure of county resources to comply with an ICE detainer issued pursuant to 8 USC 1226 or 8 USC 1357(d); tthere shall be no expenditure of any County resources or effort by on-duty County personnel for this purpose, except at the discretion of the Sheriff of Cook County or as expressly provided within this Ordinance. (d) (c) Any person who alleges a violation of this Ordinance may file a written complaint for investigation with the Cook County Sheriff s Office of Professional Review. (e) (d) Nothing in this Section shall prohibit, or be construed as prohibiting, the Sheriff of Cook County from identifying and reporting any person pursuant to state and federal law or regulation who is in custody after being booked for the alleged commission of a felony and is suspected of violating the civil provisions of any state or federal laws. In addition, nothing in this Section shall preclude any county department, agency, officer, or employee from reporting or cooperating with an ICE request for information regarding an individual who has been convicted of a felony committed in violation of the laws of the State of Illinois. Effective Date: This Ordinance Amendment shall be effective immediately upon adoption. 11

16 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 Legislation and Intergovernmental Relations. (Comm. No ). The motion carried unanimously. * * * * * Submitting a Proposed Ordinance Amendment sponsored by BRIDGET GAINER, JOAN MUPRHY, ELIZABETH GORMAN, EARLEAN COLLINS and DEBORAH SIMS, County Commissioners AMENDMENT TO AMUSEMENT TAX ORDINANCE ARTICLE X: AMUSEMENT TAX Sec Short title. This article shall be known and may be cited as the Cook County Amusement Tax Ordinance. Sec Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Amusement means any exhibition, performance, presentation or show for entertainment purposes, including, but not limited to, any theatrical, dramatic, musical or spectacular performance, promotional show, motion picture show, flower, poultry or animal show, animal act, circus, rodeo, athletic contest, sport, game or similar exhibition, such as boxing, wrestling, skating, dancing, swimming, riding on animals or vehicles, baseball, basketball, softball, soccer, football, tennis, golf, hockey, track and field games, bowling, or billiard and pool games. For purposes of this article, the term "amusement" shall not mean any recreational activity offered for public participation or on a membership or other basis, including, but not limited to, carnivals, amusement park rides and games, bowling, billiards and pool games, dancing, tennis, golf, racquetball, swimming, weightlifting, body building or similar activities. For purposes of this article, the term "amusement" shall not mean raffles, as defined in 230 ILCS 15/1 (Raffles Act definitions), intertrack wagering facilities, as defined in the Illinois Horse Racing Act of 1975 (230 ILCS 5/1 et seq.), or automatic amusement devices. Automatic amusement devices means any machine which upon the insertion of a coin, slug, token, or similar object may be operated generally by any person for use as a game, entertainment or amusement, whether or not registering a score, and includes, but is not limited to, such devices as jukeboxes, marble machines, pinball machines, video games, movie or video booths or stands and all games, operations or transactions similar thereto under whatever name by which they may be indicated. Department and Department of Revenue mean the County Department of Revenue. Live theatrical, live musical or other live cultural performance means a live performance in any 12

17 of the disciplines which are commonly regarded as part of the fine arts, such as live theater, music, opera, drama, comedy, ballet, modern or traditional dance, and book or poetry readings. The term does not include such amusements as athletic events, races, or performances conducted at adult entertainment cabarets (as defined in Section of the Cook County Zoning Ordinance of 2001). Maximum capacity means the persons that an auditorium, theater or other space may accommodate as determined by the local fire department or other appropriate governmental agency; provided, however, that maximum capacity shall not exceed the maximum number of tickets or admissions that may be made available for sale to a performance as stated in any binding written agreement relating to that performance. If the number of tickets or admissions actually sold to a performance exceeds the legally permissible limit, then, for purposes of determining the applicable tax, the term "maximum capacity" shall mean such greater number. Owner means: (1) With respect to the owner of a place where an amusement is being held, any person who has an ownership or leasehold interest in a building, structure, vehicle, boat, area or other place who presents, conducts or operates an amusement in such place or who allows, by agreement or otherwise, another person to present, conduct or operate an amusement in such place; (2) With respect to the owner of an amusement, any person which has an ownership or leasehold interest in such amusement or any person who has a proprietary interest in the amusement so as to entitle such person to all or a portion of the proceeds, after payment of reasonable expenses, from the operation, conduct or presentation of such amusement, excluding proceeds from nonamusement services and from sales of tangible personal property. Person means any natural individual, firm, society, foundation, institution, partnership, limited liability company, association, joint stock company, joint venture, public or private corporation, receiver, executor, trustee or other representative appointed by the order of any court, or any other entity recognized by law as the subject of rights and duties. The masculine, feminine, singular and plural are included in any circumstance. Sec Tax imposed. (a) Except as otherwise provided by this section, an amusement tax is imposed upon the patrons of every amusement which takes place within the County. The rate of the tax shall be equal to three percent of the admission fees or other charges paid for the privilege to enter, to witness or to view such amusement, unless Subsection (g) of this section provides for a lower rate. (b) or privileges: The tax imposed by Subsection (a) of this section shall not apply to the following persons (b) The tax imposed by Subsection (a) of this section may be waived for the following persons or privileges, after approval by the Department of Revenue or, if applicable, the Cook County Board of Commissioners. (1) The privilege of witnessing any stock show or business show that is not open to the general public; 13

18 (2) The privilege of witnessing any amateur production or activity such as amateur musicals, plays and athletic events conducted by a not-for-profit organization operated exclusively for charitable, educational or religious purposes; or (3) Subject to satisfying the requirement contained in Subsection (c) of this section, the privilege of witnessing any amusement sponsored or conducted by and the proceeds of which, after payment of reasonable expenses, inure exclusively to the benefit of: a. Religious, educational and charitable institutions, societies or organizations; b. Societies or organizations for the prevention of cruelty to children or animals; c. Societies or organizations conducted and maintained for the purpose of civic improvement; d. Fraternal organizations, legion posts, social and political groups which conduct amusements, sponsored occasionally but not more often than twice yearly; provided, however, that the entities described in Subsections (b)(3)a d of this section are not-for-profit institutions, organizations, groups or societies, where no part of the net earnings inure to the benefit of any private shareholder or person; e. Organizations or persons in the armed services of the United States, or National Guard organizations, reserve officers' associations, or organizations or posts of war veterans, or auxiliary units or societies of such posts or organizations, if such posts, organizations, units or societies are organized in the State, and if no part of their earnings inure to the benefit of any private shareholder or person; f. Organizations or associations created and maintained for the purpose of benefiting the members, or dependents or heirs of members, of the police or fire provided that the exemptions contained in Subsections (b)(3)a f of this section shall apply only to benefits or other fundraising events and shall not apply to more than two events per calendar year which shall not exceed a total of 14 calendar days. g. Societies or organizations conducted for the sole purpose of maintaining symphony orchestras, opera performances or artistic presentations, including, but not limited to, musical presentations, ("artistic societies or organizations"), if the artistic society or organization: 1. Receives substantial support from voluntary contributions; 2. Is a not-for-profit institution where no part of the net earnings inure to the benefit of any private shareholder or person; and 3. Either (i) bears all risk of financial loss from its presentation of the amusement, where the amusement takes place at a venue that is owned or operated, a not-for-profit institution, no part of whose net earnings inure to the benefit of any private shareholder or person, and where the amusement is limited to an engagement of not more than four calendar days over the course of a calendar year or (ii) is substantially and materially involved in the production and performance of the 14

19 amusement. Where an amusement is sponsored or conducted by two or more artistic societies or organizations, the requirements of Subsections (b)(3)g.1 and 2 of this section must be met by each of such artistic societies or organizations, but the requirements of Subsection (b)(3)g.3 may be met by any of such artistic societies or organizations, individually or in combination. (c) None of the exemptions contained in Subsection (b)(3) of this section shall apply to a person or privilege unless a written application for exemption is filed with the Department at least 15 calendar days prior to the amusement. The application shall be on a form prescribed by the Director of Revenue and shall contain all information and materials necessary to permit the Department to determine whether the exemption claimed by the applicant is applicable. None of the exemptions contained in Subsection (b) (3) of this section shall be granted unless a written application for exemption is filed with the Department at least 45 calendar days prior to the amusement event. The application shall be on a form prescribed by the Director of Revenue and shall contain all information necessary to permit the Department to determine whether the exemption claimed by the applicant is applicable. If the department determines that by granting the exemption the potential loss of tax revenue will be greater than $150, the application shall be submitted to the Cook County Board of Commissioners for final approval. The County Board may deny the exemption application if it finds that the exemption is not in the best economic interest of the County. (d) The tax imposed in Subsection (a) of this section shall not apply to or be imposed upon: (1) The admission fees to witness in person, live theatrical, live musical or other live cultural performances that take place in any auditorium, theater or other space in the County, whose maximum capacity, including all balconies and other sections, is not more than 750 persons. (2) Initiation fees and membership dues paid to a health club, racquetball club, tennis club or a similar club or organization, when such club or organization is organized and operated on a membership basis and for the recreational purposes of its members and its members' guests, shall be exempt from the tax imposed in Subsection (a) of this section. This exemption shall not be construed to apply to any fees paid or based upon a per-event or a per-admission basis. (3) Fees or other charges paid by a patron for the privilege of witnessing, viewing or participating in an amusement, solely within the confines of such patron's home, shall be exempt from the imposition of the tax imposed in Subsection (a) of this section. For purposes of this exemption, the term "home" means the permanent dwelling residence of the patron. For patrons who live in condominium buildings, apartment buildings or other multiple-unit structures, the individual dwelling unit the patron occupies shall be considered the patron's home. (e) For the purpose of determining the amount of the amusement tax due under this article, admission fees or other charges shall be computed exclusive of any Federal, State or municipal taxes imposed upon the amusement patron and any separately stated charges for nonamusement services or for sales of tangible personal property. (f) It is unlawful for any person to produce, present or conduct any amusement without collection of the tax, except as provided in this article. 15

20 (1) The rate of the tax imposed in Subsection (a) of this section shall be one percent of the admission fees or other charges to witness in person live theatrical, live musical or other live cultural performances that take place in any auditorium, theater or other space in the County whose maximum capacity, including all balconies and other sections, is more than 750 persons and less than 5,000 persons. (2) The rate of the tax imposed in Subsection (a) of this section shall be 1.5 percent of the admission fees or other charges to witness in person live theatrical, live musical or other live cultural performances that take place in any auditorium, theater or other space in the County whose maximum capacity, including all balconies and other sections, is 5,000 persons or more. Sec Tax additional. The tax imposed in this article is in addition to all other taxes imposed by the County, the State of Illinois or any municipal corporation or political subdivision of any of the foregoing. Sec Registration. Every owner, manager or operator of an amusement or of a place where an amusement is being held in the County, shall apply for registration as a tax collector with the Department no later than 30 days after commencing such business or 30 days after the effective date of the ordinance from which this article is derived, whichever occurs later. Application for registration shall be made to the Department by use of the form furnished by the Department for such purpose and shall contain such information as the Department may reasonably require. Sec Collection, payment and accounting. (a) It shall be the joint and several duty of every owner, manager, operator of an amusement, a place when an amusement is being held or place of amusement and every ticket reseller to secure from each patron the tax imposed by this article. Tax payments accompanied by tax returns prescribe the Department shall be remitted to the Department on or before the 20th day of the month following the month for which the tax is due. (b) Canceled admission tickets and complete and accurate records, books and accounts in detail of all receipts shall be kept at the place of amusement or such other place in the County as may be designated in writing by the person liable for collection of the tax. All such books, records and accounts shall be open to inspection by the Department at all reasonable times during business hours. (c) Every owner, manager, or operator who is required to collect the tax imposed by this article shall be considered a tax collector for the County. All amusement taxes collected shall be held by such tax collector as trustee for and on behalf of the County. The failure of the tax collector to collect the tax shall not excuse or release the patron from the obligation to pay the tax. (d) Notwithstanding any other provision of this article, in order to permit sound fiscal planning and budgeting by the County, no person shall be entitled to a refund of, or credit for, the tax imposed by this article unless the person files a claim for refund or credit within one year after the date on which the tax was paid or remitted to the Department. Sec Rules and regulations; authorized. 16

21 The Department of Revenue is authorized to adopt, promulgate and enforce rules and regulations pertaining to the administration and enforcement of this article. Sec Application of uniform penalties, interest and procedures Ordinance. Whenever not inconsistent with the provisions of this article or whenever this article is silent, the provisions of the Uniform Penalties, Interest and Procedures Ordinance shall apply and supplement this article. Sec Violations; penalty. Any person violating any of the provisions of this article shall be fined not less than $ nor more than $ for each offense. Every day such violation continues shall constitute a separate and distinct offense. Secs Reserved. 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 Gainer, seconded by Commissioner Murphy, moved that the Proposed Ordinance Amendment be referred to the Committee on Finance. (Comm. No ). The motion carried unanimously. Submitting a Proposed Ordinance sponsored by PROPOSED ORDINANCE JOHN P. DALEY and LARRY SUFFREDIN, County Commissioners Co-Sponsored by TONI PRECKWINKLE, President and 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 and JEFFREY R. TOBOLSKI, County Commissioners PROPOSED ORDINANCE COOK COUNTY LIGHTING ORDINANCE BE IT ORDAINED, by the Cook County Board of Commissioners, that Chapter 2 Administration, Article V Departments and Similar Agencies, Division 1 Generally of the Cook County Code is hereby enacted as follows: Sec Purpose and Policy. 17

22 (a). Title. This division shall be known and may be cited as the Cook County Lighting Ordinance of Cook County, Illinois. (b) Purpose. The purpose of the Cook County Lighting Ordinance is to achieve effective and efficient lighting, while: (1) preserving the safety, security and well-being of Cook County residents and visitors; (2) protecting natural flora and fauna; (3) conserving energy and other resources; and (4) allowing visual access to starry night skies. Accordingly, it is the intent of this Ordinance to have Cook County Departments use lighting systems that minimize light pollution, light trespass and conserve energy while maintaining nighttime safety, utility, security and productivity. (c) Public and Private Partners. Cook County Departments shall strive to plan, design, operate and maintain their lighting systems, with Public and Private partners, in a manner that meets the guidelines and objectives outlined in this ordinance. (d) Applicability. The requirements of this Code shall apply to all new and replacement lighting on roadways, developments, properties, buildings or structures under the jurisdiction of Cook County Departments. Each Cook County Department will create, enact and implement policies and procedures to meet the purposes of this ordinance in accordance with the guidelines set forth herein. (e) Severability. If any section, subsection, paragraph, sentence or clause of this ordinance or its application to any person or circumstance is held to be invalid or unconstitutional by any court of competent jurisdiction or administrative agency, the invalidity of that provision or application shall not affect, impair or invalidate any remaining section, subsection, paragraph, sentence or clause of this ordinance or its application. (f) Conformance with Applicable Codes. All outdoor electric illuminating devices shall be installed in conformance with the provisions of the Cook County Code, the Cook County Zoning Regulations, the Illinois Compiled Statutes or any Federal Statute. Where any provision of any of the Illinois Compiled Statutes, or any Federal Statute, or any related County regulation conflicts with the requirements of this ordinance, the most restrictive shall govern. Sec Guidelines. In furtherance of this ordinance, Cook County Departments will work to ensure that: (1) All lighting fixtures and lamps shall be located, installed, directed, shielded and maintained to avoid light trespass and to eliminate direct light and/or glare on neighboring properties. To the best extent practicable, light emitted from outdoor lighting on County property shall not cause the light level along any property line, as measured at a height of 60 inches above grade in a plane at any angle of inclination to exceed the maximum light level of 0.1 footcandles. For purposes of this section, footcandle is defined as a unit of luminous flux. 18