O-09-250-2009-25
AN ORDINANCE
FOR THE AMENDMENT OF THE AGREEMENT
ESTABLISHING THE SOLID WASTE AGENCY OF LAKE COUNTY, ILLINOIS
WHEREAS, the Solid Waste Agency of Lake County, Illinois was formed on or about
February 21, 1991 by intergovernmental agreement (hereinafter referred to as the
"Agreement "); and
WHEREAS, the Village of Deerfield is a member, in good standing, of the Solid Waste
Agency of Lake County, Illinois; and
WHEREAS, the Agreement provides for amendment of said Agreement only upon the
written agreement of all of the Members of the Solid Waste Agency of Lake County, Illinois, said
agreement to be authorized by a duly enacted ordinance; and
WHEREAS, the Solid Waste Agency of Lake County, Illinois wishes to amend the
Agreement to authorize the amendment of the Agreement and the Bylaws of the Solid Waste
Agency of Lake County, Illinois to clarify the eligibility of individuals to be a Director or Alternate
Director and the make -up of the Executive Committee.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the Village
of Deerfield, Lake and Cook Counties, Illinois as follows:
SECTION ONE: Section 8.3 of the Agreement establishing the Solid Waste Agency of
Lake County, Illinois is hereby amended and shall read as follows:
8.3 Any Member may appoint one or more persons to serve as the Alternate
Director. Any such appointee shall meet the qualifications for office as a Director
established in paragraph 8.2, except in the case where a Member is unable to
appoint such an appointee because it is impracticable because of size or time
commitments. In that case a Member may appoint an Alternate Director who is
a full time employee in an executive level position with the Member. An
executive level position is generally intended to mean a person who is a
department head or equivalent. The Alternate Director may attend any meeting
of the Board of Directors and may vote as Director in the absence of the Director
from that Member or if there is a vacancy in the position of Director from that
1
Member. The term of the Alternate Direct shall be the same as the term of the
Director from the appointing Member. Except as provided in paragraph 8.4, a
person serving as Alternate Director shall serve until his or her term expires and
thereafter until the successor is appointed.
SECTION TWO: Section 8.9 of the Agreement establishing the Solid Waste Agency of
Lake County, Illinois is hereby amended and shall read as follows:
8.9 There is established an Executive Committee of the Agency. The
Executive Committee shall consist of nine (9) Directors. The Executive
Committee shall be selected by vote of the Board of Directors of the Agency. The
Executive Committee shall include the Director from the County of Lake as a
permanent member, and two (2) persons who are Directors from - Members in
good standing, having a population of more than 30,000 persons. Population
shall be determined on the basis of the most recent federal census as reported in
the Illinois Counties and Municipalities, dated June 1, 1989, or as thereafter
updated, and published by the Secretary of State of the State of Illinois. The
remaining six (6) persons shall be elected from the remaining Directors of
Members in good standing, without regard to population. The terms of office of
members of the Executive Committee shall be established in the Bylaws.
Whenever practicable, the Member shall appoint a Director to sit on the
Executive Committee. With the consent of the Member, a specified Alternate
Director for that Member may be elected to the Executive Committee on behalf
of that Member. If the elected representative (Director or Alternate Director) is
unable to attend the Executive Committee Meeting(s), no such substitute shall
be allowed to count towards a quorum or shall be allowed to vote at the
Executive Committee Meeting(s). The Executive Committee may take any action
with respect to the Agency which the Board of Directors is authorized to take,
except the Board of Directors shall have the sole authority to: approve the
annual budget; to make all appropriations; to adopt any ordinances or
resolutions providing for the issues of Bonds; to adopt rules, regulations and By-
laws of the Agency; to admit Additional Members; to approve all System
Development and Implementation Agreements; to undertake siting of all Waste
Projects; to impose any charge on Members not provided for in a System
Development and Implementation Agreement; and to take such other action as
may be reserved to it in the rules, regulations, By -laws or Ordinances of the
Agency. Members of the Executive Committee shall not be compensated for
2
their service in such capacity, but may be reimbursed for reasonable and
necessary expenses incurred in performance of their duties.
SECTION THREE: Article II Section 2 of the Bylaws is hereby amended and shall read as
follows:
Each Member municipality and the County government shall select an Alternate
Director as provided by Section 8.3 of the Agreement, who may act on behalf of
the municipality or County at any scheduled meeting of the Agency, in the
absence of the duly appointed Director, except as provided in paragraph 8.9. An
Alternate Director shall be an official as provided by Section 8.2 or 8.3 of the
Agreement.
SECTION FOUR: Article IV Section 1b of the Bylaws is hereby amended and shall read as
follows:
(i) The Directors from the County of Lake shall serve a perpetual term. The two (2)
Directors from the Members having a population of more than 30,000 shall be
elected from those eligible Members and shall serve alternating terms of two (2)
years. One Director shall serve a term of one (1) year, beginning with his /her
election in 2010. The second Director shall serve a term of two (2) years
beginning in 2010. Subsequent terms- for both of these seats shall be for two (2)
years. The initial terms of these two (2) Directors shall be chosen by lot.
(ii) The terms of the remaining six (6) Members of the Executive Committee shall
begin in 2010 and they shall serve until the end of their respective terms for the
Executive Committee and thereafter until their respective successors are
elected. Three (3) Directors shall serve terms of one (1) year, beginning with
their election in 2010. Subsequent terms for these three (3) seats shall be for
two (2) years. The other three (3) Directors shall serve terms of two (2) years,
beginning with their election in 2010. Subsequent terms for these three (3) seats
shall be for two (2) years. The initial terms of these remaining six (6) Directors
shall be chosen by lot.
SECTION FIVE: All ordinances or parts of ordinances in conflict herein are expressly
repealed.
3
SECTION SIX: This Ordinance shall be in full force and effect from and after its passage,
approval and publication as required by law.
PASSED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, ILLINOIS ON THIS
21st DAY OF December, 20 09.
I., / Z' 0� �- � 6E�7 �
VILLAGE PRESIDEN
ATTEST:
VILLAGE ALERK
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYES: None (0)
ABSENT: None (0)
FIRST READING: 9/21/09
ORDINANCE PASSED: 9/21/09
4