DuPage County Board met Jan. 25

By Angelica Saylo Pilo

May 4, 2022

DuPage County Board met Jan. 25.

Here are the minutes provided by the board:

1. CALL TO ORDER

10:00 AM meeting was called to order by District 1 Ashley Selmon at 10:05 AM.

2. PLEDGE OF ALLEGIANCE

Member Rutledge led the pledge of allegiance.

3. INVOCATION

A. Imam Ibrahim Dardasawi - Islamic Center of Wheaton

MOTION TO CONDUCT MEETING

Member Rutledge moved and Member Chavez seconded a motion to allow the members of the County Board to conduct the meeting via teleconference/remotely. The motion was approved by voice vote, all "ayes."

4. ROLL CALL

PRESENT: Chaplin, Chavez, DiCianni, Eckhoff, LaPlante, Hart, DeSart, Krajewski, Rutledge, Deacon Garcia (Remote), Ozog, Renehan, Schwarze, Selmon, Tornatore, Zay

ABSENT: Covert, Puchalski, Cronin

5. CHAIRMAN'S REPORT

Vice Chairman Selmon made the following remarks:

I’m going to take this opportunity to fulfill a request of our Health Department Director Karen Ayala.

Chairman Cronin has the opportunity to meet frequently with our hospital partners to discuss the status of the healthcare system in addressing COVID-19. In follow up to a recent call, one of the hospital partners reached out to us with a significant need. We’ve heard about the blood shortages across the country, and similar to other regions, DuPage County is experiencing a significant and critical shortage of blood. Our hospital and healthcare partners are encouraging folks to please, if possible, donate blood. You can learn more by contacting Versiti Blood Centers of Illinois or versiti-dot-org. It is an urgent need at this time of year and our healthcare partners thank you for helping them to spread the word.

A. Wheaton North High School Football Championship Proclamation

B. Kawasaki Disease Awareness Day Proclamation

6. PUBLIC COMMENT

The following individuals made public comment:

Andrew Ho: DC-O-0009-22 : Z21-092 Blashchuk

The following individuals submitted public comment:

Sarah Campagna: Precinct maps

Kim Savage: Precinct maps

Mary Jo Mullen: Precinct maps

Eugene Brandeis: Precinct maps

7. CONSENT ITEMS

A. County Board - Regular Meeting - Jan 11, 2022 10:00 AM

B. Payment of Claims -- 01-07-22 Paylist

C. Wire Transfers -- 01/07/2022 Wire Transfer

D. PayList -- 01/10/2022 Auto Debit Paylist

E. Payment of Claims -- 01-11-2022 Paylist

F. Wire Transfers -- 01/11/2022 Wire Transfer

G. Payment of Claims -- 01/14/2022 Paylist

H. Consent Item -- County Clerk Report of Receipts and Disbursements - December 2021

I. Consent Item -- Recorder Monthly Revenue Statement - December 2021

J. Consent Item -- Consent Items 01-25-2022

RESULT: APPROVED [UNANIMOUS]

MOVER: James Zay, District 6

SECONDER: Elizabeth Chaplin, District 2

AYES: Chaplin, Chavez, DiCianni, Eckhoff, LaPlante, Hart, DeSart, Krajewski, Rutledge, Deacon Garcia, Ozog, Renehan, Schwarze, Selmon, Tornatore, Zay

ABSENT: Covert, Puchalski

8. COUNTY BOARD - SELMON

Committee Update

A. CB-R-0060-22 RESOLUTION -- Appointment of Uzma Muneer, D.O. to the DuPage County Board of Health

WHEREAS, Daniel J. Cronin has submitted to the County Board his appointment of Uzma Mohsin Muneer, D.O., as a member of the DuPage County Board of Health; and

WHEREAS, such appointment requires the advice and consent of the County Board under 55 ILCS 5/5-25012.

NOW, THEREFORE, BE IT RESOLVED, by the DuPage County Board that the County Board does hereby advise and consent to the appointment of Uzma Mohsin Muneer, D.O. as a member of the DuPage County Board of Health for a three-year term to commence on January 25th, 2022, and end on January 15, 2025 or until such time as Dr. Muneer’s replacement is appointed and qualified; and

BE IT FURTHER RESOLVED that the “Notice of Appointment” be attached hereunto and made a part of this resolution; and

BE IT FURTHER RESOLVED that the County Clerk shall transmit certified copies of this resolution to Uzma Mohsin Muneer, D.O.; and to Karen Ayala, Executive Director, DuPage County Health Department, 111 N. County Farm Rd., Wheaton, IL 60187.

RESULT: APPROVED [UNANIMOUS]

MOVER: James Zay, District 6

SECONDER: Elizabeth Chaplin, District 2

AYES: Chaplin, Chavez, DiCianni, Eckhoff, LaPlante, Hart, DeSart, Krajewski, Rutledge, Deacon Garcia, Ozog, Renehan, Schwarze, Selmon, Tornatore, Zay

ABSENT: Covert, Puchalski

B. CB-R-0062-22 RESOLUTION -- Appointment of Anthony Giunti to the DuPage Airport Authority

WHEREAS, Daniel J. Cronin has submitted to the County Board his appointment of Anthony Giunti to be a Commissioner of the DuPage Airport Authority; and

WHEREAS, such appointment requires the advice and consent of the County Board under 70 ILCS 5/3.1, as amended.

NOW, THEREFORE, BE IT RESOLVED by the DuPage County Board that the County Board does hereby advise and consent to the appointment of Anthony Giunti to be a Commissioner of the DuPage Airport Authority for a term to commence on February 1st 2022, and expire on January 29th, 2024 or until such time as his replacement is appointed and qualified; and

BE IT FURTHER RESOLVED that the “Certificate of Appointment” be attached hereunto and made part of this resolution; and

BE IT FURTHER RESOLVED that the County Clerk transmit copies of this resolution to: Anthony Giunti; Luetkehans, Brady, Garner & Armstrong, 105 E. Irving Park Rd., Itasca, IL 60143; Mark Doles, DuPage Airport Authority, 2700 International Drive, Suite 200, West Chicago, IL 60185; Auditor; Treasurer; Finance Department; State’s Attorney; and the County Board Office.

RESULT: APPROVED [UNANIMOUS]

MOVER: James Zay, District 6

SECONDER: Elizabeth Chaplin, District 2

AYES: Chaplin, Chavez, DiCianni, Eckhoff, LaPlante, Hart, DeSart, Krajewski, Rutledge, Deacon Garcia, Ozog, Renehan, Schwarze, Selmon, Tornatore, Zay

ABSENT: Covert, Puchalski

C. CB-R-0064-22 RESOLUTION -- Appointment of Joshua Davis to the DuPage Airport Authority

WHEREAS, Daniel J. Cronin has submitted to the County Board his appointment of Joshua Davis to be a Commissioner of the DuPage Airport Authority; and

WHEREAS, such appointment requires the advice and consent of the County Board under 70 ILCS 5/3.1, as amended.

NOW, THEREFORE, BE IT RESOLVED by the DuPage County Board that the County Board does hereby advise and consent to the appointment of Joshua Davis to be a Commissioner of the DuPage Airport Authority for a term expiring January 29th, 2026 or until such time as his replacement is appointed and qualified; and

BE IT FURTHER RESOLVED that the “Certificate of Appointment” be attached hereunto and made a part of this resolution; and

RESULT: APPROVED [UNANIMOUS]

MOVER: James Zay, District 6

SECONDER: Elizabeth Chaplin, District 2

AYES: Chaplin, Chavez, DiCianni, Eckhoff, LaPlante, Hart, DeSart, Krajewski, Rutledge, Deacon Garcia, Ozog, Renehan, Schwarze, Selmon, Tornatore, Zay

ABSENT: Covert, Puchalski

9. FINANCE - CHAPLIN

Committee Update

A. FI-R-0050-22 RESOLUTION -- Recommendation for an amendment to the Low-Income Home Energy Assistance Program HHS American Rescue Plan Act Grant FY22, Inter Governmental Agreement No. 21-274028, Company 5000 - Accounting Unit 1420, from $8,482,200 to $6,505,455 (a reduction of $1,976,745). (Community Services)

WHEREAS, the County of DuPage heretofore accepted and appropriated the Low-Income Home Energy Assistance Program HHS American Rescue Plan Act Grant FY22, Inter-Governmental Agreement No 21-274028, Company 5000, Accounting Unit 1420, pursuant to Resolution FI-R-0418-21 for the period July 1, 2021 through September 30, 2022; and

WHEREAS, the County of DuPage has been notified by the Illinois Department of Commerce and Economic Opportunity with modification #001 (ATTACHMENT II) that a reduction of grant funds in the amount of $1,976,745 (ONE MILLION, NINE HUNDRED SEVENTY-SIX THOUSAND, SEVEN HUNDRED FOURTY-FIVE AND NO/100 DOLLARS) has been made to the Low-Income Home Energy Assistance Program HHS American Rescue Plan Act Grant FY22 Inter-Governmental Agreement No. 21-274028, Company 5000, Accounting Unit 1420.

NOW, THEREFORE, BE IT RESOLVED by the DuPage County Board that the appropriation relating to the Low-Income Home Energy Assistance Program HHS American Rescue Plan Act Grant FY22 Inter-Governmental Agreement No. 21-274028, Company 5000, Accounting Unit 1420 be reduced by $1,976,745 (ONE MILLION, NINE HUNDRED SEVENTY-SIX THOUSAND, SEVEN HUNDRED FOURTY-FIVE AND NO/100 DOLLARS) to a new amended total of $6,505,455 (SIX MILLION, FIVE HUNDRED FIVE THOUSAND, FOUR HUNDRED FIFTY-FIVE AND NO/100 DOLLARS) as reflected on the attached budget sheet (ATTACHMENT I).

RESULT: APPROVED [UNANIMOUS]

MOVER: Elizabeth Chaplin, District 2

SECONDER: Dawn DeSart, District 5

AYES: Chaplin, Chavez, DiCianni, Eckhoff, LaPlante, Hart, DeSart, Krajewski, Rutledge, Deacon Garcia, Ozog, Renehan, Schwarze, Selmon, Tornatore, Zay

ABSENT: Covert, Puchalski

B. FI-R-0054-22 RESOLUTION -- Additional Appropriation for the Illinois Department of Commerce and Economic Opportunity WIOA National Dislocated Worker - Disaster Recovery Grant PY20, Inter-Governmental Agreement No. 20-671006, Company 5000 - Accounting Unit 2840, $67,320

WHEREAS, the County of DuPage heretofore accepted and appropriated the Illinois Department of Commerce and Economic Opportunity WIOA National Dislocated Worker-Disaster Recovery Grant PY20, Company 5000 - Accounting Unit 2840, pursuant to Resolution FI-R-0408-20 for the period June 1, 2020 through March 31, 2022; and

WHEREAS, the County of DuPage has been notified by the Illinois Department of Commerce and Economic Opportunity with modification #003 to Inter-Governmental Agreement No. 20-671006 (ATTACHMENT II) that additional funds in the amount of $67,320 (SIXTY-SEVEN THOUSAND, THREE HUNDRED TWENTY AND NO/100 DOLLARS) are available to the WIOA National Dislocated Worker-Disaster Recovery Grant PY20, Company 5000 - Accounting Unit 2840, to provide disaster relief and humanitarian assistance employment in DuPage County in response to COVID-19 pandemic; and

WHEREAS, no additional County funds are required to receive this funding; and

WHEREAS, acceptance of this grant does not add any additional subsidy from the County; and

WHEREAS, the County Board finds that the need to appropriate said grant funds creates an emergency within the meaning of the Counties Act, Budget Division (55 ILCS 5/6-1003).

NOW, THEREFORE, BE IT RESOLVED by the DuPage County Board that modification #003 to Inter-Governmental Agreement No. 20-671006 (ATTACHMENT II) be and is hereby accepted; and

BE IT FURTHER RESOLVED that the additional appropriation on the attached sheet (ATTACHMENT I) in the amount of $67,320 (SIXTY-SEVEN THOUSAND, THREE HUNDRED TWENTY AND NO/100 DOLLARS) be made and added to the Illinois Department of Commerce and Economic Opportunity WIOA National Dislocated Worker-Disaster Recovery Grant PY20, Company 5000 - Accounting Unit 2840 and that the program continue as originally approved in all other respects; and

BE IT FURTHER RESOLVED that should state and/or federal funding cease for this grant, the Economic Development Committee shall review the need for continuing the specified program and related headcount; and

BE IT FURTHER RESOLVED that should the Economic Development Committee determine the need for other funding is appropriate, it may recommend action to the County Board by Resolution.

RESULT: APPROVED [UNANIMOUS]

MOVER: Elizabeth Chaplin, District 2

SECONDER: Amy Chavez, District 5

AYES: Chaplin, Chavez, DiCianni, Eckhoff, LaPlante, Hart, DeSart, Krajewski, Rutledge, Deacon Garcia, Ozog, Renehan, Schwarze, Selmon, Tornatore, Zay

ABSENT: Covert, Puchalski

C. FI-R-0059-22 RESOLUTION -- Budget Transfers 01-25-2022 Budget Transfers Various Companies and Accounting Units

WHEREAS, it appears that certain appropriations for various County companies and accounting units are insufficient to cover necessary expenditures for the balance of the 2021 fiscal year; and

WHEREAS, it appears that there are other appropriations within these companies and accounting units from which transfers can be made at the present time to meet the need for funds; and

NOW, THEREFORE, BE IT RESOLVED by the DuPage County Board that the attached transfers be made within the indicated companies and accounting units.

RESULT: APPROVED [UNANIMOUS]

MOVER: Elizabeth Chaplin, District 2

SECONDER: James Zay, District 6

AYES: Chaplin, Chavez, DiCianni, Eckhoff, LaPlante, Hart, DeSart, Krajewski, Rutledge, Deacon Garcia, Ozog, Renehan, Schwarze, Selmon, Tornatore, Zay

ABSENT: Covert, Puchalski

D. FI-R-0061-22 RESOLUTION -- Authorization of Contract With International Union of Operating Engineers, Local 399, for the employees of DuPage County Facilities Management and Public Works

WHEREAS, the Illinois Public Employee Labor Relations act has established regulations regarding union recognition and collective bargaining in the State of Illinois, and

WHEREAS, a group of Local 399 employees in the DuPage County Facilities Management and Public Works Departments did authorize the International Union of Operating Engineers, Local 399 as their exclusive bargaining agent under the terms and conditions of the Act, and

WHEREAS, the County and the International Union of Operating Engineers, Local 399 have been bargaining in good faith to reach agreement, and

WHEREAS, the union members have ratified a tentative agreement.

NOW, THEREFORE, BE IT RESOLVED that the County Board does hereby ratify, accept and adopt the contract attached to this resolution between the International Union of Operating Engineers, Local 399, the County of DuPage, and

BE IT FURTHER RESOLVED that the County Board Chairman be authorized to execute said contract, and

BE IT FURTHER RESOLVED that the County Clerk transmit a copy of this resolution to the Human Resources Department, County Board Office and the Public Works Department.

RESULT: APPROVED [UNANIMOUS]

MOVER: Elizabeth Chaplin, District 2

SECONDER: Dawn DeSart, District 5

AYES: Chaplin, Chavez, DiCianni, Eckhoff, LaPlante, Hart, DeSart, Krajewski, Rutledge, Deacon Garcia, Ozog, Renehan, Schwarze, Selmon, Tornatore, Zay

ABSENT: Covert, Puchalski

E. FI-P-0052-22 Recommendation for the approval of a contract purchase order to Casco International d/b/a C.A. Short Company to provide employee service awards for milestone anniversaries. This contract covers the period of June 1, 2022 through May 31, 2023 for Human Resources, for a contract total amount not to exceed $53,400, first optional one-year renewal, per most qualified offer, per proposal 20-136-HR.

WHEREAS, bids have been taken in accordance with County Board policy; and

WHEREAS, the Finance Committee recommends County Board approval for the issuance of the contract to Casco International d/b/a C.A. Short Company for employee service awards, for the period June 1, 2022 through May 31, 2023 for Human Resources.

NOW, THEREFORE BE IT RESOLVED, that County Contract covering said, for the issuance of the contract for employee service awards, for the period June 1, 2022 through May 31, 2023 for Human Resources, be, and it is hereby approved for issuance of a contract by the Procurement Division to Casco International d/b/a C.A. Short Company, 4205 East Dixon Blvd., Shelby, NC, 28152, for a contract total amount of $53,400.00 per most qualified offer per proposal 20-136-HR.

RESULT: APPROVED [UNANIMOUS]

MOVER: Elizabeth Chaplin, District 2

SECONDER: James Zay, District 6

AYES: Chaplin, Chavez, DiCianni, Eckhoff, LaPlante, Hart, DeSart, Krajewski, Rutledge, Deacon Garcia, Ozog, Renehan, Schwarze, Selmon, Tornatore, Zay

ABSENT: Covert, Puchalski

F. FI-R-0065-22 RESOLUTION -- Authorization to Transfer $67,175 in Budget to Circuit Court Clerk for Fiscal Year 2022.

WHEREAS, appropriations for the GENERAL FUND for Fiscal Year 2022 were adopted by the County Board pursuant to Ordinance FI-O-0102-21; and

WHEREAS, due to a request by the CIRCUIT COURT CLERK to increase staff salaries based on a comprehensive market analysis, there is a need for a budget transfer; and

WHEREAS, the amount necessary to accommodate said additional salaries is $57,000 (FIFTY SEVEN THOUSAND, AND NO/100 DOLLARS); and

WHEREAS, the amount necessary to accommodate said additional IMRF is $5,814 (FIVE THOUSAND, EIGHT HUNDRED FOURTEEN, AND NO/100 DOLLARS); and

WHEREAS, the amount necessary to accommodate said additional Social Security is $4,361 (FOUR THOUSAND, THREE HUNDRED SIXTY ONE, AND 00/100 DOLLARS); and

WHEREAS, there is sufficient unappropriated budget in the GENERAL FUND - COMPANY 1000, ACCOUNTING UNIT 1190, ACCOUNT 53828 to support a budget transfer in the amount of $67,175 (SIXTY SEVEN THOUSAND, ONE HUNDRED SEVENTY FIVE, AND 00/100 DOLLARS); and

WHEREAS, the need to provide a budget transfer in the amount of $57,000 (FIFTY SEVEN THOUSAND, AND NO/100 DOLLARS) from 1000-1190-53828 to 1000-6700-50000; and

WHEREAS, the need to provide a budget transfer in the amount of $5,814 (FIVE THOUSAND, EIGHT HUNDRED FOURTEEN, AND NO/100 DOLLARS) from 1000- 1190-53828 to 1000-6700-51010; and

WHEREAS, the need to provide a budget transfer in the amount of $4,361 (FOUR THOUSAND, THREE HUNDRED SIXTY ONE, AND 00/100 DOLLARS) from 1000-1190-53828 to 1000-6700-51030; and

WHEREAS, these adjustments shall be effective on March 6, 2022.

NOW, THEREFORE, BE IT RESOLVED, by the DuPage County Board that a budget transfer in an amount up to, but not to exceed $67,175 (SIXTY SEVEN THOUSAND, ONE HUNDRED SEVENTY FIVE, AND 00/100 DOLLARS) in one or more transfers; and

BE IT FURTHER RESOLVED by the DuPage County Board that the said transfers may be made anytime from the period of March 1, 2022 to November 30, 2022.

RESULT: APPROVED [UNANIMOUS]

MOVER: Elizabeth Chaplin, District 2

SECONDER: Dawn DeSart, District 5

AYES: Chaplin, Chavez, DiCianni, Eckhoff, LaPlante, Hart, DeSart, Krajewski, Rutledge, Deacon Garcia, Ozog, Renehan, Schwarze, Selmon, Tornatore, Zay

ABSENT: Covert, Puchalski

Motion to Amend FI-R-0066-22

Member DeSart moved and Member Chaplin seconded a motion to amend FI-R-0066-22 to reflect the following revised language:

The Application Evaluation Team shall include 2 County representatives. The County representatives shall be (1) the County’s Director of Community Services or a staff member appointed by the County Board Chairman, and (2) the Chair of the Health and Human Services Committee.

RESULT: APPROVED [UNANIMOUS]

MOVER: Dawn DeSart, District 5

SECONDER: Elizabeth Chaplin, District 2

AYES: Chaplin, Chavez, DiCianni, Eckhoff, LaPlante, Hart, DeSart, Krajewski, Rutledge, Deacon Garcia, Ozog, Renehan, Schwarze, Selmon, Tornatore, Zay

ABSENT: Covert, Puchalski

G. FI-R-0066-22 RESOLUTION -- FI-R-0066-22 : DuPage Foundation Agreement for Not For-Profit Program (ARPA) - As Amended

WHEREAS, the County of DuPage (“County”) is a body corporate and politic; and

WHEREAS, The DuPage Community Foundation, d/b/a DuPage Foundation, (“Foundation”) is an Illinois not-for-profit corporation organized and operated exclusively under section 501(c)(3) of the Internal Revenue Code (“Code”), and includes, as part of its operations, the provision of grants to support essential not-for-profit social service organizations; and

WHEREAS, the County and the Foundation are collectively known herein as the “Parties”; and

WHEREAS, the American Rescue Plan Act of 2021 (“ARPA”) (P.L. 117-2) was signed into law on March 11, 2021 to provide COVID-19 relief and economic stimulus; and

WHEREAS, pursuant to the U.S. Department of the Treasury, Coronavirus State and Local Fiscal Recovery Funds Grant, OMC Approval Number 1505-0271 (the “ARPA DuPage Grant Agreement”), the County has been allocated $179,266,585.00 (ONE HUNDRED SEVENTY-NINE MILLION, TWO HUNDRED SIXTY-SIX THOUSAND, FIVE HUNDRED EIGHTY-FIVE AND 00/100 DOLLARS); and

WHEREAS, the County has evaluated the ARPA public law with its subsequent Department of the Treasury regulations 31 CRF Part 35, RIN 1505-AC77, Coronavirus State and Local Fiscal Recovery Funds Interim Final Rule (“Interim Final Rule”), currently in effect, and its amended final version (“Final Rule”), effective April 1, 2022, to determine eligible uses and has determined that ARPA funds may be used to respond to the broader health impacts of COVID-19, to reduce economic harms to households, and to provide services to communities disproportionately impacted by the COVID-19 public health emergency; and

WHEREAS, the County has observed an increase in food insecurity, housing instability, mental health and substance abuse issues as part of the COVID-19 public health emergency; and

WHEREAS, the County wishes to support not-for-profit social service organizations providing assistance to DuPage County residents with food, housing, mental health and substance use disorder treatment in response to the Coronavirus health emergency; and

WHEREAS, the County has determined that the Foundation has the capacity and expertise to implement and manage a grant program to support such agencies and programs; and

WHEREAS, on October 12, 2021, the DuPage County Board approved an allocation of $10,600,000.00 (TEN MILLION, SIX HUNDRED THOUSAND, AND NO/100 DOLLARS) to the Foundation (the “Grant Funds”) for a DuPage County ARPA Not-for-Profit Grant Program; and

WHEREAS, the Foundation agrees that it shall administer the Grant Funds made available to it by the County pursuant to the terms and conditions listed within the Agreement.

NOW, THEREFORE BE IT RESOLVED, that the Agreement is hereby accepted and approved by the DuPage County Board.

RESULT: APPROVED [UNANIMOUS]

MOVER: Elizabeth Chaplin, District 2

SECONDER: Dawn DeSart, District 5

AYES: Chaplin, Chavez, DiCianni, Eckhoff, LaPlante, Hart, DeSart, Krajewski, Rutledge, Deacon Garcia, Ozog, Renehan, Schwarze, Selmon, Tornatore, Zay

ABSENT: Covert, Puchalski

H. FI-R-0067-22 RESOLUTION -- Revision to Personnel Budget (Finance Department) (ARPA ITEM)

WHEREAS, the DuPage County Board has approved a personnel budget for all County departments; and

WHEREAS, there are times when it is necessary to revise those budgets to ensure efficient and effective County operations; and

WHEREAS, the American Rescue Plan Act of 2021 (ARPA; P.L. 117-2) was signed into law on March 11, 2021 to provide COVID-19 relief and economic stimulus; and

WHEREAS, the County of DuPage (“County”) has been allocated $179,266,585.00 (ONE HUNDRED SEVENTY-NINE MILLION, TWO HUNDRED SIXTY-SIX THOUSAND, FIVE HUNDRED EIGHTY-FIVE AND 00/100 DOLLARS) from ARPA to be distributed in two equal tranches; and

WHEREAS, the Department of the Treasury released the Interim Final Rule on May 10, 2021 to provide guidance on the use of ARPA funding; and

WHEREAS, the County has evaluated the ARPA public law and its subsequent Interim Final Rule to determine eligible uses; and

WHEREAS, to promote the County’s Business Diversity Initiative it is necessary to hire one Diversity Compliance Officer.

NOW, THEREFORE, BE IT RESOLVED that the Personnel Budget for ARPA be revised to reflect the addition of:

Full-Time: 50000

(1) Diversity Compliance Officer

Budgeted Salary and Benefits: $113,400

BE IT FURTHER RESOLVED that the County Clerk be directed to transmit copies of this resolution to the County Board and the Human Resources Department.

RESULT: APPROVED [UNANIMOUS]

MOVER: Elizabeth Chaplin, District 2

SECONDER: Dawn DeSart, District 5

AYES: Chaplin, Chavez, DiCianni, Eckhoff, LaPlante, Hart, DeSart, Krajewski, Rutledge, Deacon Garcia, Ozog, Renehan, Schwarze, Selmon, Tornatore, Zay

ABSENT: Covert, Puchalski

I. FI-R-0068-22 RESOLUTION -- Appropriation of Seventy-Five Thousand Dollars ($75,000) to Choose DuPage to Implement and Manage a Supplier Diversity Program. (ARPA ITEM)

WHEREAS, appropriations for the ARPA FUND for Fiscal Year 2022 were adopted by the County Board pursuant to Ordinance FI-O-0102-21; and

WHEREAS, there is a need for an additional appropriation in the ARPA FUND - COMPANY 1100, ACCOUNTING UNIT 1215 for Choose DuPage to implement and manage a Supplier Diversity Program in the amount of $75,000 (SEVENTY-FIVE THOUSAND AND NO/100 DOLLARS); and

WHEREAS, the Choose DuPage Supplier Diversity Program is designed to address the negative economic impacts of COVID-19 on disadvantaged businesses; and

WHEREAS, there is sufficient unappropriated revenue in the ARPA FUND - COMPANY 1100, ACCOUNTING UNIT 1215 to support an additional appropriation of $75,000 (SEVENTY-FIVE THOUSAND AND NO/100 DOLLARS); and

WHEREAS, the need to provide an additional appropriation in the amount of $75,000 (SEVENTY-FIVE THOUSAND AND NO/100 DOLLARS) in the ARPA FUND - COMPANY 1100, ACCOUNTING UNIT 1215 creates an emergency within the meaning of the Counties Act, Budget Division, (55 ILCS 5/6-1003).

NOW, THEREFORE, BE IT RESOLVED, by the DuPage County Board, that an additional appropriation (Attachment) in the amount of $75,000 (SEVENTY-FIVE THOUSAND AND NO/100 DOLLARS) in the ARPA FUND - COMPANY 1100, ACCOUNTING UNIT 1215 is hereby approved and added to the Fiscal Year 2022 Appropriation Ordinance.

RESULT: APPROVED [UNANIMOUS]

MOVER: Elizabeth Chaplin, District 2

SECONDER: Dawn DeSart, District 5

AYES: Chaplin, Chavez, DiCianni, Eckhoff, LaPlante, Hart, DeSart, Krajewski, Rutledge, Deacon Garcia, Ozog, Renehan, Schwarze, Selmon, Tornatore, Zay

ABSENT: Covert, Puchalski

J. FI-R-0069-22 RESOLUTION -- Approval of an Agreement with Choose DuPage to Implement and Manage a Supplier Diversity Program in the amount of $75,000. (ARPA ITEM)

WHEREAS, the County of DuPage (“County”) is a body corporate and politic; and

WHEREAS, Choose DuPage is an Illinois not-for-profit corporation organized and operated exclusively under section 501(c)(3) of the Internal Revenue Code (“Code”); and

WHEREAS, the County and Choose DuPage are collectively known herein as the “Parties”; and

WHEREAS, the American Rescue Plan Act of 2021(“ARPA”)(P.L. 117-2) was signed into law on March 11, 2021 to provide COVID-19 relief and economic stimulus; and

WHEREAS, the County has evaluated the ARPA public law with its subsequent Department of the Treasury regulations 31 CRF Part 35, RIN 1505-AC77, Coronavirus State and Local Fiscal Recovery Funds Final Rule to determine eligible uses and has determined that ARPA funds may be used to respond to the economic impacts of COVID-19 on disadvantaged businesses; and

WHEREAS, the County believes that veteran, minority, women, disadvantaged, and disabled-owned businesses suffered disproportionate economic harm as a result of the COVID-19 public health emergency; and

WHEREAS, as part of its Business Diversity Initiative, the County, in coordination with ARPA goals, wishes to support the aforementioned businesses by offering services which will assist those businesses in registering as a certified veteran, minority, women, disadvantaged, or disabled-owned businesses; and

WHEREAS, the County has determined that Choose DuPage has the capacity and expertise to implement and manage a Supplier Diversity Program in accordance with the terms and conditions listed within the Agreement; and

WHEREAS, Choose DuPage agrees that it shall administer and expend the grant funds made available to it by the County pursuant to the terms and conditions listed within the Agreement.

NOW, THEREFORE BE IT RESOLVED, that the Agreement is hereby accepted and approved by the DuPage County Board.

RESULT: APPROVED [UNANIMOUS]

MOVER: Elizabeth Chaplin, District 2

SECONDER: Dawn DeSart, District 5

AYES: Chaplin, Chavez, DiCianni, Eckhoff, LaPlante, Hart, DeSart, Krajewski, Rutledge, Deacon Garcia, Ozog, Renehan, Schwarze, Selmon, Tornatore, Zay

ABSENT: Covert, Puchalski

10. DEVELOPMENT - TORNATORE

Committee Update

Regulatory Services

A. DC-O-0008-22 ORDINANCE -- Z21-086 – Vallely: To approve the following zoning relief: Conditional Use to allow an existing shed to remain less than 3 feet (approximately 1 foot) from the rear property line, where the shed has existed for at least 5 years. (Milton/ District 4) ZHO Recommendation to Approve Development Committee VOTE (to Approve): 5 Ayes, 0 Nays, 1 Absent

WHEREAS, a public hearing was held on December 1, 2021 in the DuPage County Administration Building, 421 North County Farm Road, Wheaton, Illinois at 2:30 P.M. before the DuPage County Zoning Hearing Officer and notice of said hearing was duly given; and

WHEREAS, a petition was presented at this hearing requesting the following zoning relief:

Conditional Use to allow an existing shed to remain less than 3 feet (approximately 1 foot) from the rear property line, where the shed has existed for at least 5 years, on the property hereinafter described:

LOT 24 IN BLOCK 7 IN BUTTERFIELD UNIT 2 SUBDIVISION, BEING A SUBDIVISION OF PART OF THE SOUTHEAST ¼ OF SECTION 25, TOWNSHIP 39 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AS DOCUMENT 975091, IN DUPAGE COUNTY, ILLINOIS; and

WHEREAS, the Zoning Hearing Officer, having considered in relation to the above requested zoning petition presented at the above hearing and at the recommendation meeting held on December 1, 2021 does find as follows:

FINDINGS OF FACT:

A. The Hearing Officer finds that petitioner has demonstrated evidence for a Conditional Use to allow an existing shed to remain less than 3 feet (approximately 1 foot) from the rear property line, where the shed has existed for at least 5 years.

B. That petitioner testified that he has lived at the subject property for approximately fifteen (15) years and that the subject shed existed prior to his purchase of the subject property.

C. That petitioner testified that the subject shed is made of wood and located on a concrete slab and is in good condition.

D. That petitioner testified that the subject shed is used to store household accessory equipment.

STANDARDS FOR CONDITIONAL USES:

(Per Section 37-1413.5)

1. That the Zoning Hearing Officer finds that petitioner has demonstrated that the granting of the Conditional Use is in harmony with the general purpose and intent of the Zoning Ordinance, and will not be injurious to the neighborhood, detrimental to the public welfare, or in conflict with the County’s comprehensive plan for development; and specifically that the granting of the Conditional Use will not:

a. Impair an adequate supply of light and air to the adjacent property as petitioner has demonstrated that the existing shed does not impact or impair the supply of light and air to adjacent properties.

b. Increase the hazard from fire or other dangers to said property as petitioner has demonstrated that they will receive a building permit from the County for the existing shed and that the shed is built pursuant to the current DuPage County building codes.

c. Diminish the value of land and buildings throughout the County as petitioner has demonstrated that the existing shed is an added benefit to the neighborhood and is built pursuant to the current DuPage County building codes.

d. Unduly increase traffic congestion in the public streets and highways as petitioner has demonstrated that the existing shed is located behind the front wall of the house and will not impact traffic.

e. Increase the potential for flood damages to adjacent property as petitioner has demonstrated that the County’s Stormwater Department has no objections to the existing shed.

f. Incur additional public expense for flood protection, rescue or relief as petitioner has demonstrated that the County’s Stormwater Department has no objections to the existing shed.

g. Otherwise impair the public health, safety, comfort, morals or general welfare of the inhabitants of DuPage County as petitioner has demonstrated that the existing shed does not have any impact on adjacent properties and roadways, does not impact on drainage, and does not impede ventilation and light to the subject property or adjacent properties.

PETITIONER’S DEVELOPMENT FACT SHEET

GENERAL ZONING CASE INFORMATION

CASE

#/PETITIONER

Z21-101 Nelso

ZONING REQUEST

1. Conditional Use to increase the total permitted area of detached accessory buildings from 850 sq. ft. to approximately 1,048 sq. ft. (718 sq. ft. for existing detached garage, 169 sq. ft. for existing frame shed, 145 sq. ft. for existing shed, and 16 sq. ft. for existing shed). 2. Conditional Use to allow an existing shed to remain less than 10 feet (approximately 8 foot) from the interior side property line, where the shed has existed for at least 5 years

OWNER

JON NELSON, 3S200 HOME AVENUE,

WARRENVILLE, IL 60555

ADDRESS/LOCATI ON

3S200 HOME AVENUE, WARRENVILLE, IL 60555

04-34-102-022

TWSP./CTY. BD.

DIST.

Winfield

District 6

ZONING/LUP

R-3 SF RES

0-5 DU AC

AREA

0.78 acres (33,977 sq. ft.)

UTILITIES

Well and Septic

PUBLICATION

DATE

Daily Herald: November 30, 2021

PUBLIC HEARING

Wednesday, December 15, 2021

ADDITIONAL INFORMATION:

Building:

No Comments Received.

DUDOT:

Our office has no jurisdiction in this matter.

Health:

No Comments Received.

Stormwater:

Objects. “The detached accessory buildings are located in the floodplain and may need to be modified to meet Sec. 15-81B.7 of the Stormwater Ordinance. For example, Section 15-81.B.7.f limits a detached garage to less than 576 square feet in size - the existing detached garage exceeds this size. And all accessory structures may need openings to allow floodwater to enter the structure in accordance with FEMA regulations, among other critical floodplain modifications.”

Public Works:

Our office has no jurisdiction in this matter.

EXTERNAL:

City of

Warrenville:

No Comments Received.

City of Aurora:

No Comments Received.

City of Naperville:

No Comments Received.

Winfield

Township:

No Comments Received.

Township

Highway:

Our office has no jurisdiction in this matter.

Warrenville Fire

Dist.:

No Comments Received.

Sch. Dist. 200:

No Comments Received.

Forest Preserve:

“The Forest Preserve District of DuPage County staff has reviewed the information provided in this notice and due to the sizable between the subject property and District property, we do not have any specific comments. Thank you.”

GENERAL BULK REQUIREMENTS:

REQUIREMENTS:

REQUIRED

EXISTING

PROPOSED

Front Yard:

30 FT

APPROX. 108 FT

Int. Side Yard:

3 feet

APPROX. 5 FT

Corner Side Yard:

30 FT

APPROX. 100 FT

Rear Yard:

3 FT

APPROX. 1 FT

LAND USE

Location

Zoning

Existing Use

LUP

Subject

R-4 SF RES

House

0-5 DU AC

North

Glen Park Road and beyond R-4 SF RES

House

0-5 DU AC

South

R-4 SF RES

House

0-5 DU AC

East

Flamingo Lane and beyond R-4 SF RES

House

0-5 DU AC

West

R-4 SF RES

House

0-5 DU AC

WHEREAS, the Zoning Hearing Officer, having considered in relation to the above and at the recommendation meeting held on December 1, 2021, recommends to approve the following zoning relief:

Conditional Use to allow an existing shed to remain less than 3 feet (approximately 1 foot) from the rear property line, where the shed has existed for at least 5 years.

Subject to the following conditions:

1. That the property be developed in accordance with the petitioner’s site plan made part of Zoning Petition #Z21-086 Vallely dated December 1, 2021.

2. That the Conditional Use zoning relief shall expire after seven (7) years from the date of approval of the subject zoning relief by the DuPage County Board or upon one of the following circumstances, whichever shall come first:

a. The structure or use is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration for the above ground portion of the building, structure, or use to the condition it was prior to the destruction or damage exceeds fifty percent (50%) or more of its replacement value.

b. The structure is voluntarily removed.

3. That owner/developer is not permitted to operate a business on the subject property.

4. That the owner/developer is to apply for and receive a Building Permit for all construction and/or excavation that occurs on the property.

5. That petitioner maintains the existing landscaping around the perimeter of the subject property.

6. That the property be developed in accordance with all other codes and Ordinances of DuPage County.

ZHO Recommendation to Approve

WHEREAS, the County Board Development Committee on January 18, 2022, considered the above findings and recommendations of the Zoning Hearing Officer and recommends to concur with the findings and recommends to approve the following zoning relief:

Conditional Use to allow an existing shed to remain less than 3 feet (approximately 1 foot) from the rear property line, where the shed has existed for at least 5 years.

Subject to the following conditions:

1. That the property be developed in accordance with the petitioner’s site plan made part of Zoning Petition #Z21-086 Vallely dated December 1, 2021.

b. The structure is voluntarily removed.

3. That owner/developer is not permitted to operate a business on the subject property.

4. That the owner/developer is to apply for and receive a Building Permit for all construction and/or excavation that occurs on the property.

5. That petitioner maintains the existing landscaping around the perimeter of the subject property.

6. That the property be developed in accordance with all other codes and Ordinances of DuPage County.

Development Committee VOTE (to Approve): 5 Ayes, 0 Nays, 1 Absent

NOW, THEREFORE, BE IT ORDAINED by the County Board of DuPage County, Illinois that the following zoning relief be granted:

The Zoning Relief is subject to the following conditions:

1. That the property be developed in accordance with the petitioner’s site plan made part of Zoning Petition #Z21-086 Vallely dated December 1, 2021.

b. The structure is voluntarily removed.

3. That owner/developer is not permitted to operate a business on the subject property.

4. That the owner/developer is to apply for and receive a Building Permit for all construction and/or excavation that occurs on the property.

5. That petitioner maintains the existing landscaping around the perimeter of the subject property.

6. That the property be developed in accordance with all other codes and Ordinances of DuPage County.

BE IT FURTHER ORDAINED by the County Board of DuPage County, Illinois that should any section, clause or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part so declared to be invalid; and

BE IT FURTHER ORDAINED that a certified copy of this Ordinance be transmitted by the County Clerk to the DuPage County Finance Department; DuPage County Auditor; DuPage County Treasurer; Paul J. Hoss, Zoning; State's Attorney's Office; DuPage County Health Department; DuPage County Division of Transportation; JAMES VALLELY, 21W187 FLAMINGO LANE, LOMBARD, IL 60148; and Township Assessor, Milton Township, 1492 N. Main Street, Wheaton, IL 60187.

RESULT: ADOPTED [UNANIMOUS]

MOVER: Sam Tornatore, District 1

SECONDER: James Zay, District 6

AYES: Chaplin, Chavez, DiCianni, Eckhoff, LaPlante, Hart, DeSart, Krajewski, Rutledge, Deacon Garcia, Ozog, Renehan, Schwarze, Selmon, Tornatore, Zay

ABSENT: Covert, Puchalski

B. DC-O-0009-22 ORDINANCE -- Z21-092 – Blashchuk: To approve the following zoning relief: 1. Variation to increase the height of a shed from 15’ to approximately 24’. 2. Conditional Use to increase the total permitted area of detached accessory buildings from 850 sq. ft. to approximately 926 sq. ft. (542 sq. ft. for existing detached garage and 384 sq. ft. for proposed shed). (Milton/ District 4) (If the County Board seeks to approve the zoning relief it will require a ¾ majority vote {14 votes} to approve based on the recommendation to deny by the Zoning Hearing Officer) ZHO Recommendation to Deny Development Committee VOTE (Motion to Approve Failed): 0 Ayes, 5 Nays, 1 Absent

WHEREAS, a petition was presented at this hearing requesting the following zoning relief:

1. Variation to increase the height of a shed from 15’ to approximately 24’.

2. Conditional Use to increase the total permitted area of detached accessory buildings from 850 sq. ft. to approximately 926 sq. ft. (542 sq. ft. for existing detached garage and 384 sq. ft. for proposed shed), on the property hereinafter described:

THE EAST 124.51 FEET, AS MEASURED ON THE NORTH LINE AND PARALLEL TO THE WEST LINE OF LOT 7 IN MILTON TOWNSHIP SUPERVISOR’S ASSESSMENT PLAT NO. 6, BEING IN THE SOUTHWEST ¼ OF SECTION 3, TOWNSHIP 39 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS; and

FINDINGS OF FACT:

A. That petitioner testified that he seeks the subject zoning relief to complete construction on a shed that is approximately 24 feet tall and that would increase the total permitted area of detached accessory buildings on the subject property from 850 square feet to approximately 926 square feet.

B. That petitioner testified that he has lived at the subject property since 2017.

C. That petitioner testified that he requires additional storage space on the subject property, as the existing detached garage can only fit 1.5 cars. Additionally, that petitioner testified that the existing detached garage is used for storage, requiring him to store his two (2) vehicles outside.

D. That petitioner testified that he requires the additional height of the subject shed for increased storage.

E. That petitioner testified that he already started construction of the subject shed and then received a violation notice to stop work and apply for permits.

a. Furthermore, that petitioner testified that the Stormwater Departments objects due the subject shed’s location in the floodplain.

F. That Hearing Officer finds that petitioner has not demonstrated sufficient evidence and factual underpinnings to support the subject Conditional Use and Variation and that the Stormwater Department submitted an Objection stating that the “shed is located in the regulatory floodplain and will need to comply with floodplain and buffer requirements of the DuPage County Stormwater and Floodplain Ordinance.”

STANDARDS FOR VARIATIONS AND CONDITIONAL USES:

*Per Zoning Code Section 37-1411.3 and 37-1413.5

1. That the Zoning Hearing Officer finds that petitioner has not demonstrated that the granting of the Variation and Conditional Use is in harmony with the general purpose and intent of the Zoning Ordinance, and will not be injurious to the neighborhood, detrimental to the public welfare, or in conflict with the County’s comprehensive plan for development.

2. That the Zoning Hearing Officer finds that petitioner has not demonstrated the granting of the Variation and Conditional Use will not:

a. Impair an adequate supply of light and air to the adjacent property as petitioner has not demonstrated or provided evidence that the zoning relief for the subject shed will not impair the supply of light and air to surrounding properties.

b. Increase the hazard from fire or other dangers to said property as petitioner has not demonstrated or provided evidence that the zoning relief for the subject shed will not increase hazards to the subject property.

c. Diminish the value of land and buildings throughout the County as petitioner has not demonstrated or provided evidence the zoning relief for the subject shed will not diminish the value of land and buildings.

d. Unduly increase traffic congestion in the public streets and highways as petitioner has not demonstrated or provided evidence that the zoning relief for the subject shed will not increase traffic congestion in the public streets and highways.

e. Increase the potential for flood damages to adjacent property as petitioner has not demonstrated or provided evidence that the zoning relief for the subject shed will not increase the potential for flood damages. Furthermore, that the Stormwater Department submitted an Objection stating that the “shed is located in the regulatory floodplain and will need to comply with floodplain and buffer requirements of the DuPage County Stormwater and Floodplain Ordinance.”

f. Incur additional public expense for flood protection, rescue or relief as petitioner has not demonstrated or provided evidence that the zoning relief for the subject shed will not incur additional public expenses for flood protection, rescue, or relief. Furthermore, that the Stormwater Department submitted an Objection stating that the “shed is located in the regulatory floodplain and will need to comply with floodplain and buffer requirements of the DuPage County Stormwater and Floodplain Ordinance.”

g. Otherwise impair the public health, safety, comfort, morals or general welfare of the inhabitants of DuPage County as petitioner has not demonstrated or provided evidence that the zoning relief for the subject shed will be a benefit to the neighborhood and will not impair the public health, safety, comfort, morals, or general welfare of the inhabitants of DuPage County.

PETITIONER’S DEVELOPMENT FACT SHEET

GENERAL ZONING CASE INFORMATION

CASE

#/PETITIONER

Z21-092 Blashchuk

ZONING REQUEST

1. Variation to increase the height of a shed from 15’ to approximately 24’. 2. Conditional Use to increase the total permitted area of detached accessory buildings from 850 sq. ft. to approximately 926 sq. ft. (542 sq. ft. for existing detached garage and 384 sq. ft. for proposed shed).

OWNER

SERGEY BLASHCHUK, 23W613 SAINT CHARLES ROAD, CAROL STREAM, IL 60188

ADDRESS/LOCATION

23W613 SAINT CHARLES ROAD, CAROL

STREAM, IL 60188

05-03-300-010

TWSP./CTY. BD. DIST.

Milton

District 4

ZONING/LUP

R-4 SF RES

0-5 DU AC

AREA

0.82 acres (35,719 sq. ft.)

UTILITIES

Well and Septic

PUBLICATION DATE

Daily Herald: November 12, 2021

PUBLIC HEARING

Wednesday, December 1, 2021, continued to December 15, 2021

ADDITIONAL INFORMATION:

Building:

No Objections.

DUDOT:

No Objections.

Health:

No Comments Received.

Stormwater:

Objects. “Shed is located in the regulatory floodplain and will need to comply with floodplain and buffer

requirements of DuPage County Countywide Stormwater and Floodplain Ordinance.”

Public Works:

Our office has no jurisdiction in this matter.

EXTERNAL:

Village of Carol

Stream:

No Comments Received.

Village of Glen

Ellyn:

No Comments Received.

Village of Glendale Heights:

No Comments Received.

City of Wheaton:

No Comments Received.

Milton Township:

No Comments Received.

Township

Highway:

Our office has no jurisdiction in this matter.

Carol Stream Fire Dist.:

No Objections.

Sch. Dist. 41:

No Comments Received.

Forest Preserve:

“The Forest Preserve District of DuPage County staff has reviewed the information provided in this notice and due to the sizeable distance between the subject and District property, we do not have any specific comments. Thank you.”

GENERAL BULK REQUIREMENTS:

REQUIREMEN

TS:

REQUIRED

EXISTING

PROPOSE

Height:

15’

N/A

APPROX.24’

Floor Area Ratio:

850 sq. ft.

542 sq. ft.

926 sq. ft.

LAND USE

Loca

tion

Zoning

Existing Use

LUP

Subject

R-4 SF RES

House

0-5 DU AC

North

St. Charles Road and beyond R-4 SF RES

House

0-5 DU AC

South

R-4 SF RES

House

0-5 DU AC

East

R-4 SF RES

House

0-5 DU AC

West

R-4 SF RES

House

0-5 DU AC

WHEREAS, the Zoning Hearing Officer, having considered in relation to the above and at the recommendation meeting held on December 1, 2021, recommends to deny the following zoning relief:

1. Variation to increase the height of a shed from 15’ to approximately 24’.

ZHO Recommendation to Deny

Development Committee VOTE (Motion to Approve Failed): 0 Ayes, 5 Nays, 1 Absent

NOW, THEREFORE, BE IT ORDAINED by the County Board of DuPage County, Illinois that the following zoning relief be granted:

3. Variation to increase the height of a shed from 15’ to approximately 24’. 4. Conditional Use to increase the total permitted area of detached accessory buildings from 850 sq. ft. to approximately 926 sq. ft. (542 sq. ft. for existing detached garage and 384 sq. ft. for proposed shed), on the property hereinafter described:

BE IT FURTHER ORDAINED that a certified copy of this Ordinance be transmitted by the County Clerk to the DuPage County Finance Department; DuPage County Auditor; DuPage County Treasurer; Paul J. Hoss, Zoning; State's Attorney's Office; DuPage County Health Department; DuPage County Division of Transportation; SERGEY BLASHCHUK, 23W613 SAINT CHARLES ROAD, CAROL STREAM, IL 60188; and Township Assessor, Milton Township, 1492 N. Main Street, Wheaton, IL 60187.

RESULT: DEFEATED [0 TO 16]

MOVER: Sam Tornatore, District 1

SECONDER: Elizabeth Chaplin, District 2

NAYS: Chaplin, Chavez, DiCianni, Eckhoff, LaPlante, Hart, DeSart, Krajewski, Rutledge, Deacon Garcia, Ozog, Renehan, Schwarze, Selmon, Tornatore, Zay

ABSENT: Covert, Puchalski

C. DC-O-0010-22 ORDINANCE -- Z21-093 – Doran: To approve the following zoning relief: Conditional Use to allow an existing shed to remain less than 3 feet (approximately 1.8 feet) from the interior side setback, where the shed has existed for at least 5 years. (Milton/ District 4) ZHO Recommendation to Approve Development Committee VOTE (to Approve): 5 Ayes, 0 Nays, 1 Absent

WHEREAS, a petition was presented at this hearing requesting the following zoning relief:

Conditional Use to allow an existing shed to remain less than 3 feet (approximately 1.8 feet) from the interior side setback, where the shed has existed for at least 5 years, on the property hereinafter described:

LOT 4 IN WESTRA’S SUBDIVISION, BEING A SUBDIVISION IN THE NORTHWEST QUARTER OF SECTION 8 TOWNSHIP 39 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 24, 1993 AS DOCUMENT R93- 188362, IN DUPAGE COUNTY, ILLINOIS; and

FINDINGS OF FACT:

A. The Hearing Officer finds that petitioner has demonstrated evidence for a Conditional Use to allow an existing shed to remain less than 3 feet (approximately 1.8 feet) from the interior side setback, where the shed has existed for at least 5 years.

B. That petitioner testified that he has lived at the subject property for approximately twenty-four (24) years and that petitioner constructed the subject shed approximately twenty-two (22) years ago.

C. That petitioner testing that the subject shed is made of wood and vinyl.

D. That petitioner testified that the subject shed is not serviced with utilities.

E. That petitioner testified that the subject shed is used to store household accessory equipment.

F. That petitioner testified that the subject shed could fall apart in the next two (2) years, therefore the Zoning Hearing Officer recommended approval for two (2) years.

STANDARDS FOR CONDITIONAL USES:

(Per Section 37-1413.5)

e. Increase the potential for flood damages to adjacent property as petitioner has demonstrated that the County’s Stormwater Department has no objections to the existing shed.

f. Incur additional public expense for flood protection, rescue or relief as petitioner has demonstrated that the County’s Stormwater Department has no objections to the existing shed.

WHEREAS, the Zoning Hearing Officer, having considered in relation to the above and at the recommendation meeting held on December 1, 2021, recommends to approve the following zoning relief:

Conditional Use to allow an existing shed to remain less than 3 feet (approximately 1.8 feet) from the interior side setback, where the shed has existed for at least 5 years.

Subject to the following conditions:

1. That the property be developed in accordance with the petitioner’s site plan made part of Zoning Petition #Z21-093 Doran dated December 1, 2021.

2. That the Conditional Use zoning relief shall expire after two (2) years from the date of approval of the subject zoning relief by the DuPage County Board or upon one of the following circumstances, whichever shall come first:

b. The structure is voluntarily removed.

3. That owner/developer is not permitted to operate a business on the subject property.

4. That the owner/developer is to apply for and receive a Building Permit for all construction and/or excavation that occurs on the property.

5. That petitioner maintains the existing landscaping around the perimeter of the subject property.

6. That the property be developed in accordance with all other codes and Ordinances of DuPage County.

ZHO Recommendation to Approve

Conditional Use to allow an existing shed to remain less than 3 feet (approximately 1.8 feet) from the interior side setback, where the shed has existed for at least 5 years.

Subject to the following conditions:

1. That the property be developed in accordance with the petitioner’s site plan made part of Zoning Petition #Z21-093 Doran dated December 1, 2021.

b. The structure is voluntarily removed.

3. That owner/developer is not permitted to operate a business on the subject property.

4. That the owner/developer is to apply for and receive a Building Permit for all construction and/or excavation that occurs on the property.

5. That petitioner maintains the existing landscaping around the perimeter of the subject property.

6. That the property be developed in accordance with all other codes and Ordinances of DuPage County.

Development Committee VOTE (to Approve): 5 Ayes, 0 Nays, 1 Absent

NOW, THEREFORE, BE IT ORDAINED by the County Board of DuPage County, Illinois that the following zoning relief be granted:

The Zoning Relief is subject to the following conditions:

1. That the property be developed in accordance with the petitioner’s site plan made part of Zoning Petition #Z21-093 Doran dated December 1, 2021.

b. The structure is voluntarily removed.

3. That owner/developer is not permitted to operate a business on the subject property.

4. That the owner/developer is to apply for and receive a Building Permit for all construction and/or excavation that occurs on the property.

5. That petitioner maintains the existing landscaping around the perimeter of the subject property.

6. That the property be developed in accordance with all other codes and Ordinances of DuPage County.

BE IT FURTHER ORDAINED by the County Board of DuPage County, Illinois

that should any section, clause or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part so declared to be invalid; and

BE IT FURTHER ORDAINED that a certified copy of this Ordinance be

transmitted by the County Clerk to the DuPage County Finance Department; DuPage County Auditor; DuPage County Treasurer; Paul J. Hoss, Zoning; State's Attorney's Office; DuPage County Health Department; DuPage County Division of Transportation; MICHAEL S. DORAN, 0N740 WOODLAWN STREET, WHEATON, IL 60187; and Township Assessor, Milton Township, 1492 N. Main Street, Wheaton, IL 60187.

RESULT: ADOPTED [UNANIMOUS]

MOVER: Sam Tornatore, District 1

SECONDER: Elizabeth Chaplin, District 2

AYES: Chaplin, Chavez, DiCianni, Eckhoff, LaPlante, Hart, DeSart, Krajewski, Rutledge, Deacon Garcia, Ozog, Renehan, Schwarze, Selmon, Tornatore, Zay

ABSENT: Covert, Puchalski

D. DC-O-0012-22 ORDINANCE -- Z21-099 – Clark: To approve the following zoning relief: 1. Conditional Use to allow an existing screen room to remain less than 10' (approximately 5.4 feet) from the east interior side property line, where it has existed for at least 5 years. 2. Conditional Use to allow an existing shed to remain less than 10' (approximately 4.1 feet), where it has existed for at least 5 years. 3. Conditional Use to increase the total permitted area of detached accessory buildings (all existing) from 650 sq. ft. to approximately 830 sq. ft. (approx. 270 sq. ft. for existing detached garage, 288 sq. ft. for existing screen room, 195 sq. ft. for existing shed, and 72 sq. ft. for existing shed). (Lisle/ District 2) ZHO Recommendation to Approve Development Committee VOTE (to Approve): 5 Ayes, 0 Nays, 1 Absent

WHEREAS, a public hearing was held on December 15, 2021 in the DuPage County Administration Building, 421 North County Farm Road, Wheaton, Illinois at 2:30 P.M. before the DuPage County Zoning Hearing Officer and notice of said hearing was duly given; and

WHEREAS, a petition was presented at this hearing requesting the following zoning relief:

1. Conditional Use to allow an existing screen room to remain less than 10' (approximately 5.4 feet) from the east interior side property line, where it has existed for at least 5 years.

2. Conditional Use to allow an existing shed to remain less than 10' (approximately 4.1 feet), where it has existed for at least 5 years.

3. Conditional Use to increase the total permitted area of detached accessory buildings (all existing) from 650 sq. ft. to approximately 830 sq. ft. (approx. 270 sq. ft. for existing detached garage, 288 sq. ft. for existing screen room, 195 sq. ft. for existing shed, and 72 sq. ft. for existing shed), on the property hereinafter described:

LOT 33 IN BELMONT PARK, A SUBDIVISION OF PART OF SECTION 13, TOWNSHIP 38 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 22, 1922 AS DOCUMENT NO. 15537, IN DUPAGE COUNTY, ILLINOIS; and

FINDINGS OF FACT:

A. The Hearing Officer finds that petitioner has demonstrated evidence for: Conditional Use to allow an existing screen room to remain less than 10' (approximately 5.4 feet) from the east interior side property line, where it has existed for at least 5 years; Conditional Use to allow an existing shed to remain less than 10' (approximately 4.1 feet), where it has existed for at least 5 years; and Conditional Use to increase the total permitted area of detached accessory buildings (all existing) from 650 sq. ft. to approximately 830 sq. ft. (approx. 270 sq. ft. for existing detached garage, 288 sq. ft. for existing screen room, 195 sq. ft. for existing shed, and 72 sq. ft. for existing shed).

B. That petitioner testified that he purchased the subject property in July 2021.

C. That petitioner testified that the house is currently not habitable and that he plans to demolish the existing house and construct a new ranch home with attached garage. Furthermore, that petitioner intends to leave all remaining detached accessory buildings (i.e. detached garage, screen room, and two sheds) that were constructed by the previous owners and correctly permit them.

D. That petitioner testified that all of the detached accessory buildings are not moveable but are in excellent condition.

E. That petitioner testified that the adjacent neighbors do not object and that they have submitted signed letters testifying to their position.

STANDARDS FOR CONDITIONAL USES:

(Per Section 37-1413.5)

a. Impair an adequate supply of light and air to the adjacent property as petitioner has demonstrated that the existing detached accessory buildings do not impact or impair the supply of light and air to adjacent properties.

b. Increase the hazard from fire or other dangers to said property as petitioner has demonstrated that they will receive a building permit from the County for the existing detached accessory buildings and that the subject detached accessory buildings are built pursuant to the current DuPage County building codes.

c. Diminish the value of land and buildings throughout the County as petitioner has demonstrated that the existing detached accessory buildings are an added benefit to the neighborhood and are built pursuant to the current DuPage County building codes.

d. Unduly increase traffic congestion in the public streets and highways as petitioner has demonstrated that the existing detached accessory buildings are located behind the front wall of the house and will not impact traffic.

e. Increase the potential for flood damages to adjacent property as petitioner has demonstrated that the County’s Stormwater Department has no objections to the existing detached accessory buildings.

f. Incur additional public expense for flood protection, rescue or relief as petitioner has demonstrated that the County’s Stormwater Department has no objections to the existing detached accessory buildings.

g. Otherwise impair the public health, safety, comfort, morals or general welfare of the inhabitants of DuPage County as petitioner has demonstrated that the existing detached accessory buildings do not have any impact on adjacent properties and roadways, do not impact on drainage, and do not impede ventilation and light to the subject property or adjacent properties.

WHEREAS, the Zoning Hearing Officer, having considered in relation to the above and at the recommendation meeting held on December 15, 2021, recommends to approve the following zoning relief:

1. Conditional Use to allow an existing screen room to remain less than 10' (approximately 5.4 feet) from the east interior side property line, where it has existed for at least 5 years.

2. Conditional Use to allow an existing shed to remain less than 10' (approximately 4.1 feet), where it has existed for at least 5 years.

Subject to the following conditions:

1. That the property be developed in accordance with the petitioner’s site plan made part of Zoning Petition #Z21-099 Clark dated December 15, 2021.

2. That the Conditional Use zoning relief shall expire after ten (10) years from the date of approval of the subject zoning relief by the DuPage County Board or upon one of the following circumstances, whichever shall come first: