NEW ITEMS

Meeting of the Cook County Board of Commissioners

County Board Room, County Building

Tuesday, June 17, 2003, 10:00 A.M.

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PROPOSED ORDINANCE

ITEM #1

Submitting a Proposed Ordinance sponsored by

FORREST CLAYPOOL, County Commissioner

Co-Sponsored by

JERRY BUTLER, EARLEAN COLLINS, JOAN PATRICIA MURPHY, MIKE QUIGLEY,

ANTHONY J. PERAICA, PETER N. SILVESTRI, LARRY SUFFREDIN,

PRESIDENT JOHN H. STROGER, JR., JOHN P. DALEY, ELIZABETH ANN DOODY GORMAN, GREGG GOSLIN, CARL R. HANSEN, ROBERTO MALDONADO, JOSEPH MARIO MORENO,

DEBORAH SIMS and BOBBIE L. STEELE, County Commissioners

PROPOSED ORDINANCE

PROVISION FOR REVOCATION OF CLASS 4 PROPERTY TAX INCENTIVE

FOR CORPORATIONS VIOLATING NOT-FOR-PROFIT CHARTER

WHEREAS, the Cook County Board of Commissioners has enacted the Real Property Assessment Classification Ordinance (Chapter 13-14, Section 2) that defines assessment Class 4 property as “real estate owned and used by a not-for-profit corporation in furtherance of the purposes set forth in its charter unless used for residential purposes”; and

WHEREAS, if a corporation is registered as a not-for-profit with the Secretary of State’s office, it can file an appeal with the Assessor’s Office requesting a classification change for its properties to Class 4, which lowers the assessment level from 38% to 30% of fair market value; and

WHEREAS, the change to not-for-profit status results in a 21 percent tax reduction each year; and

WHEREAS, any property not classified as a not-for-profit or not owned by a religious organization is deemed Class 5 property and assessed at 38% of its fair market value; and

WHEREAS, not-for-profit status is in place until the property is sold or it violates its status; and

WHEREAS, not-for-profit corporations occasionally stray from their mission or fail to abide by the words and intent of their charters.

NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF COOK COUNTY,

Any taxpayer in Cook County shall have standing, and may petition the Cook County Board of Review, to revoke a property’s Class 4 Classification. The Board of Review shall revoke the Class 4 status and re-classify the property as Class 5 if, based on a preponderance of the evidence, petitioner’s evidence and publicly-available facts demonstrate that the not-for-profit owner has operated contrary to the letter and intent of its charter.

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Commissioner Hansen seconded by Commissioner Peraica, moved to suspend the rules so that this matter may be considered. The motion carried unanimously.

Commissioner Claypool, seconded by Commissioner Quigley, moved that the Proposed Ordinance be referred to the Committee on Finance. (Comm. No. 259881). The motion carried unanimously.

PROPOSED RESOLUTION

ITEM #2

Submitting a Proposed Resolution sponsored by

PETER N. SILVESTRI and LARRY SUFFREDIN, County Commissioners

Co-Sponsored by

MIKE QUIGLEY and JOAN PATRICIA MURPHY, County Commissioners

PROPOSED RESOLUTION

WHEREAS, the decision to demolish Cook County Hospital was made in 1999 based on a 1988 study and a limited examination of space alternatives to meet zoning requirements; and

WHEREAS, that decision was based primarily on a 1988 study that focused on the rehabilitation and reuse of the structure for the purposes of a hospital or for educational and offices uses for the hospital; and

WHEREAS, in 1988 there was not a significant track record of redevelopment of buildings of this size, and since that time, great strides have been made in the rehabilitation/reuse of large historic structures, such as Medinah Temple, the Reliance Building, the Montgomery Ward Warehouse, Chicago’s Theatre District, and the Milwaukee County Hospital; and

WHEREAS, federal and local tax credits and incentives of more than $20 million are in place now that did not exist when the study was done, drastically improving the economic feasibility of such a project that can have mixed uses, including medical offices, clinic space, medical conference space, retail for medical staff and the community and residential units; and

WHEREAS, Cook County Hospital is significant both as one of the city’s best examples of Beaux Arts-style architecture and for its national historic significance treating the indigent and developing innovative treatments for such things as burns and sickle cell anemia; and

WHEREAS, every new citizen group of Cook County was treated with dignity and medical expertise at Cook County Hospital from 1914 to 2003; and

WHEREAS, in part because of its architectural and historic significance, Cook County Hospital was chosen to be the model for the television series “ER”, and the façade of the hospital has since become a symbol of Chicago recognized around the world; and

WHEREAS, in addition to historic and architectural benefits, preservation of such structures serves as an economic catalyst to the area; and

WHEREAS, redeveloping the main hospital site excluding the Children’s Hospital, power plant, 12KV Building and other additions would put the two-block-long property on the tax rolls and meet all required zoning; and

WHEREAS, much of the “demolition preparation contract” (approved 8/1/02) focused on planning efforts, including building documentation, utility relocation plans, and asbestos and other environmental removal, initiatives that would have to be done regardless of whether the building is demolished or reused; and

WHEREAS, a contract for the actual demolition has not been proposed, reviewed or approved; and

WHEREAS, actual demolition will cost the County from $20-$30 million and the actual tax credits a developer could pay the County are in excess of $20 million, in addition to future real estate tax revenues; and

PROPOSED RESOLUTION continued

ITEM #2 cont'd

WHEREAS, demolition and creation of another passive park, similar to Pasteur Park will have no direct community benefits; and

WHEREAS, a reuse of the building has many direct community benefits; and

WHEREAS, although the discussion to consider demolishment of the hospital goes back as far as 1988, the demolition or preservation of the structure will be a major decision of this Board of Commissioners, many of whom have little to no information about the project.

NOW, THEREFORE, BE IT RESOLVED, that the President and Board of Commissioners of Cook County hold a hearing to discuss the demolition or reuse of the hospital and to consider the cost savings that could result from the main hospital building’s reuse, in whole or in part without any financial contribution from the County of Cook, prior to proceeding with a demolition contract.

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Commissioner Hansen, seconded by Commissioner Peraica, moved to suspend the rules so that this matter may be considered. The motion carried unanimously.

Commissioner Sims, seconded by Commissioner Silvestri, moved that the Proposed Resolution be referred to the Committee on Construction (Comm. No. 259882) and the Committee on Health and Hospitals (Comm. No. 259883). The motion carried unanimously.

PROPOSED ORDINANCE

ITEM #3

Submitting a Proposed Ordinance sponsored by

MIKE QUIGLEY, JOHN P. DALEY and PRESIDENT JOHN H. STROGER, JR.,

County Commissioners

Co-Sponsored by

FORREST CLAYPOOL, EARLEAN COLLINS, ROBERTO MALDONADO,

JOSEPH MARIO MORENO, JOAN PATRICIA MURPHY, DEBORAH SIMS,

BOBBIE L. STEELE and LARRY SUFFREDIN, County Commissioners

PROPOSED ORDINANCE

DOMESTIC PARTNERSHIP REGISTRY ORDINANCE

WHEREAS, our society has created diverse living arrangements and an expanded concept of the family unit; and

WHEREAS, many persons today live as families in enduring, committed relationships other than legal marriages; and

WHEREAS, the County of Cook has an interest in supporting all caring, committed and responsible family units; and

WHEREAS, the County also recognizes that it is in the public interest for persons in committed relationships and who share common households to be able to register those relationships formally; and

WHEREAS, over 5,000 companies, foundations, unions, and nonprofit organizations have Domestic Partnership Benefit programs; and

PROPOSED ORDINANCE continued

ITEM #3 cont'd

WHEREAS, Cook County would be providing a service to those companies, foundations, unions and non-profits in Cook County by creating an official depository of information with a government agency; and

WHEREAS, a government-issued certificate of registered domestic partnership makes it easier for small businesses to provide benefits to all types of families.

NOW, THEREFORE, IT IS HEREBY ORDAINED, by the Cook County Board of Commissioners, AN ORDINANCE to assure that individuals shall be able to register their Domestic Partnerships with the Cook County Clerk.

DEFINITIONS

For purposes of this chapter:

1. A “domestic partnership” shall mean the relationship of two unmarried adults of the same sex who meet the additional criteria set forth in this ordinance.

2. A “domestic partner” shall refer to each person in a domestic partnership.

3. A “registered domestic partnership” shall mean domestic partnerships which have been properly registered in the Office of the County Clerk by the means set forth in this chapter and which have not been terminated under this chapter.

4. A “registered domestic partner” shall refer to each person in a registered domestic partnership.

5. An “affidavit of domestic partnership” shall mean an affidavit prepared by the Office of the County Clerk in accordance with procedures adopted by the County Clerk to verify that domestic partners meet the requirements of this chapter to become registered domestic partners. The procedures of the County Clerk with regard to such affidavits shall be adopted by the effective date of this legislation.

6. An “affidavit of termination” shall mean an affidavit prepared by the Office of the County Clerk in accordance with procedures adopted by the County Clerk to effect termination of a registered domestic partnership by a registered domestic partner in accordance with this chapter. The procedures of the County Clerk with regard to such affidavits shall be adopted by the effective date of this legislation.

DOMESTIC PARTNERSHIP REGISTRATION

1. In order to register as domestic partners, the domestic partners shall jointly execute an affidavit of domestic partnership before a notary public and file the affidavit in the Office of the County Clerk.

2. In addition to identifying information, each person executing an affidavit of domestic partnership must declare under penalty of perjury that:

a. Neither domestic partner is legally married;

b. Each domestic partner is eighteen (18) years of age or older;

c. Each domestic partner is competent to enter into a contract;

d. The domestic partners are not related by blood in a manner that would bar marriage in the State of Illinois;

e. The domestic partners share a common household;

f. The domestic partners are in a close and committed relationship of mutual financial and emotional support and intend to remain in such a relationship;

PROPOSED ORDINANCE continued

ITEM #3 cont'd

g. Each is the other’s sole domestic partner and intends to remain each other’s sole domestic partner;

h. Neither domestic partner was in a registered domestic partnership that has terminated by operation of law within the thirty (30) calendar days immediately prior to the filing of the affidavit of domestic partnership; and

i. Each domestic partner agrees to file an affidavit of termination in accordance with this chapter, including written notice to the other, in the event that any of the above no longer applies.

3. A registered domestic partnership shall be established and effective upon the filing of a fully executed affidavit of domestic partnership with the Office of the County Clerk and payment of any required fees.

4. A certificate of Domestic Partnership will be issued at the time of filing of the affidavit and payment of fees.

FORM OF AFFIDAVIT OF DOMESTIC PARTNERSHIP

All affidavits relating to the domestic partnership shall be executed on a form provided by the Office of the County Clerk. The affidavit of domestic partnership shall contain the following information and shall be in substantially the following form:

We, the undersigned, do hereby declare ourselves to be domestic partners. We are both eighteen years of age or older, unmarried and competent to enter into a contract. We are not related by blood in a manner that would bar marriage under the laws of the State of Illinois. We share a common household. We are in a close and committed relationship of mutual financial and emotional support and intend to remain in the relationship. We are each other’s sole domestic partner, have no other domestic partner and intend to remain each other’s sole domestic partner. Neither of us has terminated another registered domestic partnership within the last thirty calendar days. Each of us agrees to file a termination statement in the event that the domestic partnership is terminated.

AMENDMENT OF AFFIDAVIT OF DOMESTIC PARTNERSHIP

Either domestic partner may, on a form provided by the County Clerk, amend an affidavit of domestic partnership filed with the Office of the County Clerk at any time to reflect a change in the information previously provided to the County Clerk.

TERMINATION OF REGISTERED DOMESTIC PARTNERSHIP

1. Either or both registered domestic partners may seek to terminate a registered domestic partnership by filing in the Office of the County Clerk a notarized affidavit of termination declaring under penalty of perjury, that the domestic partnership is terminated, and if only one of the registered domestic partners executes the affidavit of termination, that he or she has sent written notice that he or she is terminating the registered domestic partnership to the other registered domestic partner at the other partner’s last known address, by means of registered mail, return receipt requested.

2. A registered domestic partnership shall terminate by operation of law:

(a) immediately upon either of the registered domestic partners marrying; or (b) if (a) does not apply, then thirty (30) calendar days after the earliest date that one or both registered domestic partners has filed an executed affidavit of termination or either of the registered domestic partners has died.

PROPOSED ORDINANCE continued

ITEM #3 cont'd

3. The affidavit of domestic partnership, certificate of domestic partnership and affidavit of termination forms will reflect the information in this chapter as to when registered domestic partnerships commence and terminate by operation of law.

4. An affidavit of termination may be rescinded by a registered domestic partner until the time that termination would otherwise take effect. Nothing in this chapter prevents former registered domestic partners from filing a new affidavit of domestic partnership if they satisfy the requirements of this chapter.

FEES

The County Clerk shall set reasonable fees of not more than $30 to be charged for the (1) filing (2) amendment to, or (3) termination of, a domestic partnership registration. Upon payment of the aforesaid fee, the individual(s) shall receive two (2) certified copies of the applicable document. The fee for obtaining additional certified copies of the applicable document shall be the fee customarily charged by the County Clerk for obtaining additional certified copies of documents filed with the office of the County Clerk.

OBLIGATIONS OF NEW DOMESTIC PARTNERS

1. When a domestic partnership has ended, each of the partners to the domestic partnership shall jointly or separately file an affidavit of termination within thirty (30) days with the Office of the County Clerk.

2. All registered domestic partners shall, within thirty (30) days of any change in that status, give notice to any party who, in order to qualify the domestic partner for a benefit or right, relied upon or was given a copy of the an affidavit of domestic partnership.

RECORDS

1. The County Clerk shall maintain a log of registrations, amendments, certificates, and terminations of domestic partnerships by name of each individual and date of filing in a format designed to facilitate access to such statements. The log shall be a public record pursuant to the State of Illinois Freedom of Information Act. The County Clerk shall treat any other information of a personally identifying nature relating to any individual as a matter of personal privacy exempt from disclosure under the State of Illinois Freedom of Information Act.

2. Nothing herein shall be construed to prohibit the publication of statistics pertaining to domestic partnerships that have been registered with the Office of the County Clerk.

SEVERABILITY

If any section of this ordinance or the application thereof to any individual, partnership, or circumstance shall be adjudged invalid or unconstitutional by any court of competent jurisdiction, such order or judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the controversy in which such order or judgment was rendered.

EFFECTIVE DATE

This ordinance shall take effect ninety (90) days after its passage.

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Commissioner Hansen, seconded by Commissioner Peraica, moved to suspend the rules so that this matter may be considered. The motion carried unanimously.

Commissioner Quigley, seconded by Commissioner Suffredin, moved that the Proposed Ordinance be referred to the Committee on Human Relations. (Comm. No. 259884). The motion carried unanimously.

PROPOSED RESOLUTION

ITEM #4

Submitting a Proposed Resolution sponsored by

JOHN H. STROGER, JR., President, Cook County Board of Commissioners

Co-Sponsored by

JERRY BUTLER, FORREST CLAYPOOL, EARLEAN COLLINS, JOHN P. DALEY,

ELIZABETH ANN DOODY GORMAN, GREGG GOSLIN, CARL R. HANSEN,

ROBERTO MALDONADO, JOSEPH MARIO MORENO, JOAN PATRICIA MURPHY,

ANTHONY J. PERAICA, MIKE QUIGLEY, PETER N. SILVESTRI, DEBORAH SIMS,

BOBBIE L. STEELE and LARRY SUFFREDIN, County Commissioners

PROPOSED RESOLUTION

WHEREAS, Almighty God in His infinite wisdom has called one of Cook County Government’s top public defenders, Patrick M. Gleason from our midst; and

WHEREAS, a talented trial lawyer and well-respected educator, Mr. Gleason brought energy and novel ideas to the Public Defender’s Office; one such example is the forensic unit, which consists of a team of attorneys specializing in deciphering highly technical matters such as ballistics or DNA evidence; and

WHEREAS, a respected educator, Mr. Gleason served on the faculty of the National Institute for Trial Advocacy, which is now affiliated with the Loyola University School of Law; and

WHEREAS, concerned about the treatment of foreign nationals caught in the criminal justice system, Mr. Gleason spearheaded the drafting of a recent manual published by the office which outlined the importance of protecting the rights of foreign nationals; and

WHEREAS, cognizant of the importance of giving something back to society, Mr. Gleason coached the grade school football team at his parish, St. Cletus, in La Grange; and

WHEREAS, the consummate optimist, Mr. Gleason never lost hope or allowed his illness to diminish his affable demeanor and zest for life; and

WHEREAS, with the passing of Patrick Gleason, we have lost a skilled, compassionate and forward thinking attorney who played a vital role in bringing innovation and efficiency to the office of the Cook County Public Defender.

NOW, THEREFORE, BE IT RESOLVED, that the Cook County Board of Commissioners, on behalf of the more than five million residents of Cook County, does hereby express its deepest condolences and most heartfelt sympathy to the family and loved ones of Patrick M. Gleason; and

BE IT FURTHER RESOLVED, that a suitable copy of this Resolution be tendered to the family of Patrick M. Gleason so that his rich legacy may be so honored and ever cherished.

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Commissioner Hansen, seconded by Commissioner Peraica, moved to suspend the rules so that this matter may be considered. The motion carried unanimously.

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

PUBLIC TESTIMONY

ITEM #5

Pursuant to Rule 4-30, Charles W. Jones, Jr., addressed the President and Members of the Cook County Board of Commissioners. Mr. Jones followed up regarding a property tax issue.

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ITEM #6

Pursuant to Rule 4-30, William Lavicka, Structural Engineer and Historic Preservationist, addressed the President and Members of the Cook County Board of Commissioners. Mr. Lavicka spoke regarding his support for the preservation of the old Cook County Hospital.

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ITEM #7

Pursuant to Rule 4-30, George Blakemore, addressed the President and Members of the Cook County Board of Commissioners. Mr. Blakemore spoke concerning several issues regarding Cook County.

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ITEM #8

Pursuant to Rule 4-30, Jeremiah Davison, addressed the President and Members of the Cook County Board of Commissioners. Mr. Davison spoke regarding a property tax issue.

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ITEM #9

Pursuant to Rule 4-30, Michael Moran, Vice President of Preservation Chicago, addressed the President and Members of the Cook County Board of Commissioners. Mr. Moran spoke regarding his support for the preservation of the old Cook County Hospital.

STATEMENT FROM COOK COUNTY BOARD PRESIDENT JOHN H. STROGER, JR.

ITEM #10

Transmitting a Communication, dated June 17, 2003 from

JOHN H. STROGER, JR., President, Cook County Board of Commissioners

The process of building a new hospital began ten years ago. It entailed hundreds of pages of documentation to get the Certificate of Need (CON) from the State of Illinois.

As early as 1994, in the CON documentation, it was anticipated that the main hospital structure would be demolished. Furthermore, the demolition of the children's hospital and the power plant was always part of the plan to make way for Phase Two of the parking structure. This has long been the plan and for Board Members to claim that they were unaware of these plans suggests they have not done their homework.

This project was not planned in a vacuum. There were any number of County, City and State agencies involved.

A 1998 letter from then Commissioner Christopher Hill of the City's Planning Department, laid out very clearly the conditions upon which the City would issue the final building permits. The letter specifically states, "The City agreed to issue the Superstructure Permit approval with the understanding that the County will approve the demolition of the existing hospital and develop a park in its place." The letter further states, "The commitment to demolish the existing building will be necessary before the City will issue the final building permit for the new hospital...".

STATEMENT FROM COOK COUNTY BOARD

PRESIDENT JOHN H. STROGER, JR. continued

ITEM #10 cont'd

Additionally, we have been granted interim zoning relief for the period after completion of the new hospital up until the demolition of the old structures as we are in violation of the site coverage requirement.

Planned developments are just that, planned. These have been the plans for years based on agreements and commitments we have made. At this point, I have not been told that these agreements can be dismissed or even overlooked. These are legal matters that I have asked State's Attorney Devine to review.

That being said, the recent media attention placed on the concept of preserving the building has not yielded a single development plan which sufficiently addresses the site coverage requirement and finds a suitable use of the property which is consistent with the statutes guiding development in the Illinois Medical District.

If a cooperative proposal came forward that satisfied the needs of the Illinois Medical District and addressed the City of Chicago requirements, I would be open to reviewing it. But understand that I will not compromise the construction of Phase Two of the parking garage.

I appreciate, as much as anybody, the rich history of Cook County Hospital. But as the Chief Executive of this County, it is my job to carry out the commitments made to develop the hospital campus within the rules and regulations as agreed upon.

LETTERS

December 9, 1998

John H. Stroger

President

Cook County Board of Commissioners

118 North Clark Street

Suite 537

Chicago, Illinois 60602

Dear President Stroger:

As you are aware, the Department of Planning and Development has approved the issuance of several permits for the construction of the new Cook County Hospital. The Site Plan and Foundation Permit was approved on May 29, 1998, and the Superstructure Permit was approved on September 2, 1998.

A specific condition to the Superstructure Permit approval, as evidenced in the attached letter to Paul Woznicki, Zoning Administrator for the City, was the issue of interim zoning relief for the period after completion of construction of the new hospital but prior to demolition of the old hospital. During this interim period, the county will be in violation of the zoning allowed in the Medical District and on this site (the allowable coverage ratio for this site is 40%, but with both buildings in place, the coverage ratio will be 40%). The Illinois Medical District, the administrator of PD #30, agreed to the current county hospital site plan with the understanding that the site of the existing hospital will become a park, causing the final site coverage ratio (with the new hospital) to be below 40%.

The City agreed to issue the Superstructure Permit approval with the understanding that the County will approve the demolition of the existing hospital and develop a park in its place. The City respectfully requests that the County Board take this action as soon as possible. The commitment to demolish the existing building will be necessary before the City will issue the final building permit for the new hospital, which we understand will be submitted just after the first of the year, 1999.

Christopher R. Hill

Commissioner

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STATEMENT FROM COOK COUNTY BOARD

PRESIDENT JOHN H. STROGER, JR. continued

ITEM #10 cont'd

September 2, 1998

Mr. Paul Woznicki

Zoning Administrator

Department of Zoning

Room 800 - City Hall

Chicago, Illinois 60602

Re: Issuance of a "Superstructure Permit" for Institutional Planned

Development No. 30, as Amended, Sub-Area 2A

Proposal: The construction of the new Cook County Hospital

Location: The southeast corner of Damen Avenue and Polk Street

Dear Mr. Woznicki:

We have received an Interim Stage Part II submittal for the construction of the shell and core for an eight story new Cook County Hospital building, at the southeast corner of Damen Avenue and Polk Street in Sub-Area 2A of Planned Development No. 30. These plans, prepared by CCH Design Group, are dated June 15, 1998.

The Department of Planning and Development has previously issued Site Plan approval (May 29, 1998) and Foundation Permit approval (also May 29, 1998) for the proposed construction. The current submittal for a "Superstructure Permit" would consist of work on the core and shell, i.e., the superstructure, deck, building cores and exterior enclosure. The superstructure permit would specifically exclude tenant "fit-up" work, including but not limited to interior electrical, plumbing, and mechanical work, partitions, elevators or other equipment, and interior finishes. Such work would need to be authorized by final Part II and building permit approvals.

Please not the status of two issues referred to in the Site Plan approval letter by Commissioner Hill. Regarding parking, traffic management and traffic improvement: Tom Kaeser from CDOT and George Davis from the Illinois Medical District (IMD) have confirmed that the City and County have reached an agreement on these issues. The second issue concerns interim zoning relief for the period after construction of the new hospital but prior to demolition of the old hospital and to completion of phase 2 of the parking garage. Per the Applicant, we understand that future plans for the existing hospital are still being studied. Although we agree to allow the project to proceed while this study continues, the issue must be resolved before we will issue our final Part II approval for the building. During this interim period described above, the percentage of land covered will temporarily exceed the maximum permitted for Sub-Area 2A of the Planned Development and the amount of parking will fall short of the required level. We will appreciate the Applicant's cooperation in resolving this issue as soon as possible.

Subject to the aforementioned caveats pertaining to future approvals, the Department hereby approves the Superstructure Permit submissions for the new Cook County Hospital. Upon completion of our review of a full Part II submittal, and resolution of the outstanding issues, we will inform your Department. In no way does this letter absolve the Applicant from obtaining a full Part II approval or other approvals as required by Chicago City Code.

Philip Levin

Assistant Commissioner

STATEMENT FROM COOK COUNTY BOARD

PRESIDENT JOHN H. STROGER, JR. continued

ITEM #10 cont'd

99-R-177