More McHenry County Blog

BYLAWS McHENRY COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT COMMISSION

I. BACKGROUND

The Community Development Block Grant (CDBG) Program was established by the Federal
Housing and Community Development Act of 1974 (Act). Administered nationally by the U.S.
Department of Housing and Urban Development (HUD), the Act combined eight categorical
programs into a single block grant program. Through this program, funds are available to assist
McHenry County communities meet their greatest economic and community development needs,
with an emphasis upon helping persons of low-to-moderate income.
In order to ensure that the program meets the intent of the Act, as amended and reauthorized by
the National Affordable Housing Act of 1990, Congress has required that entitlement programs
meet at least one of the following three national objectives:

1. Benefiting low and moderate income persons;

2. Aiding in the prevention or elimination of slums and blight; and

3. Meeting other community development needs that pose a serious and immediate threat to
the health and welfare of the community.
Within the statutory requirements of the Act, McHenry County has the flexibility to design its own
program objectives and procedures for program administration and to develop criteria for
selection of grant recipients. The County's CDBG program is intended to supplement the efforts
of localities in initiating and/or engaging in a community development process.
To complement these three federally-mandated national objectives, the County has established
the following specific objectives for its Community Development Block Grant Program:

1. Improvement of public infrastructure and elimination of conditions which are detrimental to
health, safety and public welfare;

2. Conservation of the County's housing stock in order to provide a decent home and a
suitable living environment for persons of low and moderate income;

3. Strengthening of community economic development by creating jobs, stimulating private
investment and expanding the tax base; and,

4. Support of the full range of public services required to make McHenry County a suitable
living environment for its low and moderate income residents.
The McHenry County Community Development Block Grant Commission (Commission) has been
established by the County Board to manage the County's CDBG/HOME grant program. The
Department of Planning and Development will provide staff support to the Commission.
It is intended that the Commission will establish policies and procedures for program
management, review sub-grantee applications and recommend projects for grant funding to the
County Board. The County Board will shall be the responsible entity that makes the final
determination regarding the use and allocation of CDBG/HOME grant funds. The County Board,
through its Chairman, is delegating the responsibility for operating and maintaining this program
in compliance with federal law and all related rules and regulation to the Commission.

II. PURPOSE

It shall be the purpose of the McHenry County Community Development Block Grant Commission
to act as representative body of elected officials and citizens to ascertain facts, prepare
recommend plans and programs, coordinate activities, set priorities for funding and undertake
such other activities that may be necessary and appropriate to accomplish the purpose(s) of the
Act, as approved by the McHenry County Board.

III. MEMBERSHIP

The Commission shall consist of seventeen (17) a minimum of nine (9), maximum of eleven (11)
members comprised of the following:

The Chairman of the County Board shall appoint six (6) County Board Members (one from each
County Board District) and one (1) citizen who shall represent a human service agency within
McHenry County

1. One member of the McHenry County Board,

2. At least one (1) at large delegate from each of the County Board districts based upon
place of residence, which include representation from among the following professions,
associations or organizations: banking industry, McHenry County Association of
Realtors, McHenry County Homebuilder Association, McHenry County Bar Association,
carpenters, electricians, plumbers, building inspectors, architects, engineers,

3. Representation from township supervisors, township road commissioners and/or a
representative from a municipality within McHenry County limited to a mayor, trustee or
manager,

4. Members that represent service agencies that serve McHenry County, and

5. A representative from the McHenry County Housing Authority.
It is known that any Commission member as outlined above, maybe affiliated with an entity that
potentially could seek grant funding. As such, any entity for which an affiliation of said member(s)
exists will be barred from competing for and/or receiving CDBG allocations. For the purposes of
these bylaws, affiliation is defined as a paid and/or non-paid employee/volunteer, staff and/or
board member. An affiliation may also be further defined and determined by McHenry County as
applicable.

All members shall be residents of and/or, employed in McHenry County, and/or serve as an
elected or appointed official serving McHenry County, and shall be actively engaged in business
in, or concerned with the welfare of the people in McHenry County.

The Chairman of the McHenry County Board shall also appoint six (6) citizen at large
representatives, with one representative being appointed from each of the six County Board
districts based upon their place of residence. Recommendations for appointment of the six
citizens at large shall be made by the Community Development Block Grant Commission based
upon application and interviews.

The McHenry County Township Supervisor’s Association shall appoint one (1) Township
Supervisor.

The McHenry County Township Road Commissioner’s Association shall appoint one (1)
Township Road Commissioner.

The McHenry County Economic Development Corporation (EDC) Board of Directors shall appoint
one (1) Board Member.

The McHenry County Housing Authority Board of Commissioners shall appoint one (1)
Commissioner.

The Chairman of the Board shall serve as an ex-officio Member of the Commission and any of its
Subcommittees.

A. APPOINTMENT: Preliminary membership of the Commission shall be appointed by the
Chairman of the County Board in consultation with the Planning and Development Committee
subject to the consent and confirmation by resolution of the full County Board. Future
membership of the Commission shall be determined by recommendation of the P&D
Committee again with the advise and consent of the McHenry County Board.

B. TERMS: Each Commission Member shall be appointed for a two-year term. The initial term
shall commence on October 19, 1995 and end on December 31, 1997. As of January 1, 1998
County Board Members, Township Supervisor, and Township Road Commissioner Members
shall be appointed to a one-year term in order to achieve a staggering of terms. Municipal
Representatives and Representative Citizens of McHenry County shall be appointed to a two year
term. As of January 1, 1999 County Board Members, Township Supervisor, and
Township Road Commissioner Members shall be appointed to a two-year term.
The terms, reappointment, and removal of Commission members shall be as follows:
Commissioners shall serve one (1) term of four (4) years. If available, former Commissioners
may re-apply for an open position after a one-year hiatus. Commission terms are to be
staggered with the goal of having the terms of no more than one-third of the membership
expiring in any given year. Terms of the Commissioners may be adjusted at the time of
preliminary appointment in order to achieve staggered termination dates.

1. Vacancies shall be filled if needed to maintain the minimum number of Commissioners
required herein. Commissioners appointed to fill a vacancy shall be appointed for the
unexpired term of his or her predecessor in the office. If the remaining expired term is
greater than eighteen months, then this shall be considered the newly appointed
Commissioner’s first term.

2. A Commissioner may be removed if he or she fails to attend Commission meetings on
three (3) or more occasions in any twelve (12) consecutive calendar month period, or if he
or she is found to undermine the purposes of the Commission via a majority vote of the
total Commission and said termination is approved by the County Board.

C. COMPENSATION: No member of the Commission shall be entitled to receive any
compensation for services rendered in such office. However, each officer shall be entitled to
reimbursement for any expenses reasonably incurred in performing such services other than
in connection with his attendance at meetings of the Commission or any committee.

C. VACANCIES: When a position on the Commission becomes vacant, the vacancy shall be
filled in a timely fashion in the same manner of appointment and by a person of the
qualification as prescribed in Section III above.

D. ABSENCES: A Commissioner may be removed if he or she fails to attend Commission
meetings on three (3) or more occasions in any twelve (12) consecutive calendar month
period, or if he or she is found to undermine the purposes of the Commission via a majority
vote of the total Commission and approval of the Chairman of the County Board. The
subsequent vacancy shall be filled in accordance with Section III Membership, Item B.
vacancies as stated herein.

IV. OFFICERS

There shall be a Chairman, Vice-Chairman, and Secretary of the Commission. The Chairman
shall be a County board Member and shall be designated as Chairman by the Chairman of the
McHenry County Board at the time of appointment, The Vice-Chairman and the Secretary shall
be elected by the Commission Members from among the Commission Membership.

A. DUTIES:

1. CHAIRMAN: Shall preside at all Commission meetings; appoint Subcommittees
with the advice and consent of the Commission; sign all Resolution and document
requiring to be executed on behalf of the Commission; and perform such other duties
as prescribed by the Commission.

2. VICE-CHAIRMAN: Shall serve, perform all duties and exercise all powers of the
Chairman in the absence of or given the inability of the Chairman to act. The Vice-
Chairman shall assist the Chairman as requested.

3. SECRETARY: Shall provide notices for all regularly scheduled meetings of the
Commission and its Subcommittees at least seven (7) days prior to any such meeting;
provide an agenda and related documents for each such meeting at least seven (7)
days in advance for general distribution; prepare minutes of all meetings of the
Commission and its Subcommittees; and maintain all records of the Commission's
operations. The County Board Office shall provide clerical support to the
Commission and its Secretary.

B. TERMS: Officers shall serve from the date of their appointment/election for a term of two
(2) years.

C. SUCCESSION: Officers may serve two year terms in succession.

A. OFFICERS: The Officers of the Commission shall be a Chairman, a Vice-Chairman, and
other such officer positions as established by the Chairman of the Commission. Officers
whose authority and duties are not outlined in these bylaws shall have authority at the
discretion of the Chairman.

B. TERM AND APPOINTMENT: The Chairman of the Commission shall be a member of the
County Board appointed by the Chairman of the McHenry County Board and shall serve for a
term of two (2) years from the date of their appointment. The appointed Chairman shall be
subject to reappointment by the Chairman of the McHenry County Board for one additional
term successive. Other officers of the Commission shall be elected by the members of the
Commission and shall serve for a term of two (2) years with a maximum of two (2) terms
successive or otherwise. Vacancies may be filled or new offices created and filled at any
meeting of the Commission by a majority vote of the membership present. The Vice-
Chairman shall be determined by a majority vote of the Commission.

C. REMOVAL: Any officer elected by the members of the Commission may be removed by a
majority vote of the members of the Commission whenever in their judgment as prescribed in
Section III.B.2 the best interests of the Commission would be served thereby, subject to
approval from the Chairman of the McHenry County Board and the Chairman of the Block
Grant Commission.

D. CHAIRMAN: The Chairman shall be in charge of the business and affairs of the
Commission; he or she shall see that the resolutions and directives of the Commission are
carried into effect except in those instances in which that responsibility is assigned to staff;
and, in general, he or she shall discharge all duties incident to the office of Chairman and
such other duties as may be prescribed by the Commission. The Chairman shall preside at
all meetings of the Commission except in those instances in which the authority to execute is
expressly delegated to another officer or agent of the Commission or a different mode of
executive is expressly prescribed by the Commission or these bylaws.

E. VICE-CHAIRMAN: The Vice-Chairman shall perform the functions of the Chairman when the
Chairman is not present at regular or special meetings of the Commission and otherwise
perform the functions of the Chairman when the Chairman is unavailable or incapable of
performing those functions.

V. MEETINGS

All meetings of the Commission and its Subcommittees shall be open to the public and shall be
conducted in accordance with the Illinois Open Meetings Act as may be amended from time to
time. The Commission shall maintain its principal office in care of the McHenry County
Department of Planning & Development, 2200 Seminary, Woodstock, Illinois 60098. Other
offices within McHenry County may be designated from time to time by the Commission.

A. ORGANIZATIONAL MEETING: The first meeting of the Commission shall be an
organizational meeting and shall be held within thirty (30) days of approval of these By-
Laws by the County Board.

B. REGULAR MEETINGS: There shall be regularly scheduled meetings of the
Commission. The Commission shall set the schedule of meetings. Said schedule shall
take cognizance of the time required to meet the U.S. Department of Housing and Urban
Development application requirements or the requirements of any agency of the State of
Illinois.

C. SPECIAL OR EMERGENCY MEETINGS: The Chairman may call special of
emergency meetings of the Commission on his/her own initiative or at the request of onethird
of the Commission Members (6). Notice of special meetings shall be given at least
two business days prior to such meetings to each Commission Member. Notice of
emergency meetings shall be given with as much notice as possible to the Commission
Members. The notice shall include the time, date and location of the special or
emergency meeting. Business conducted at a special or emergency meeting shall be
limited to those items specified in the agenda for said meeting(s).

E. PLACE: All meetings of the Commission shall be held in the McHenry County
Government Center, unless otherwise designated by the Commission.

A. REGULAR MEETINGS: There shall be a minimum of three (3) regular meetings of the
Commission per calendar year. Regular meetings will be set each year by an annual
calendar schedule. The Chairman of the Commission will enforce the Commission calendar
and comply with necessary provisions to properly notice members of the Commission and the
general public in accordance with the Illinois Open Meetings Act.

B. SPECIAL MEETINGS: Special meetings of the Commission may be called, pursuant to the
Illinois Open Meetings Act as amended, by the Chairman or no less than one-third of the total
members of the Commission, and subsequent notice is to be at minimum forty-eight (48)
hours prior to the established meeting date for Commissioners and the general public. The
location of the meeting is per the party of request and shall follow meeting guidelines as
contained above.

C. NOTICE: Notice of all meetings of the Commission shall be given in accordance with the
Illinois Open Meetings Act by written notice delivered personally or sent by mail, fax or email
to each member at his or her address as shown by the records of the Commission and stated
preferred method of contact. If mailed, such notice shall be deemed to be delivered when
deposited in the United States mail in a sealed envelope so addressed, with postage thereon
prepaid. If sent by electronic copy, such notice shall be deemed to be delivered as of the
date of the transmission.

D. ORDER OF BUSINESS: The Commission shall generally observe the following order of
business at all meetings of the Commission and its Subcommittees:
1. Call to Order
2. Roll Call of Members
3. Approval of Minutes
4. Public Participation
5. Old Business
6. New Business
7. Reports to the Commission
8. Members Comments, Miscellaneous Business and Announcements
9. Adjournment

VI. SUBCOMMITTEES AD-HOC COMMITTEES/TASK FORCE MEMBERSHIP

The Chairman may appoint, with the consent of the Commission, Subcommittees deemed
appropriate.

The Commission may create one or more ad-hoc committees or task forces and authorize it to
accomplish a specific purpose. Each ad-hoc committee or task force shall act at the sole
discretion of the Commission via instruction of the Chairman and shall report all actions and
activities to the Commission. All ad-hoc committees and task forces shall be chaired by a
member of the Commission, but non-commission members may serve on the body.

VII. QUORUM

A quorum shall consist of a majority of the Commission members (9). A quorum shall be required
for the conduct of business by the Commission. A quorum of any Subcommittee subsequently
appointed shall be a majority of members of the Subcommittee.
A majority of the total voting membership shall constitute a quorum at any meeting of the
Commission. If a quorum is not present, the majority of the total members present shall adjourn
the meeting to another date and time.

VIII. VOTING REQUIREMENTS

Each designated voting Commission Member is entitled to one (1) vote on all matters coming
before the Commission and requiring a vote of the Commission. The vote must be cast by the
Member, who must be in attendance at a duly appointed, legally called meeting of the
Commission. No proxy votes or absentee voting shall be permitted.

The concurrence of a majority of the total Commission Members (9) voting-member bloc is
necessary for the passage of any motion incurring a financial obligation or approving the
allocation of grant funds to subrecipients. All other actions of the Commission shall require a
majority of the Commission Members present (voting or ex-officio), provided there is a quorum
present.

A vote on a motion to reconsideration may be made at any time prior to the adjournment of the
meeting at which the original motion was voted upon. A motion for reconsideration must be made
by a Commission Member who voted on the prevailing side of the original motion.

IX. RULES OF ORDER

The Chairman shall preside at all Commission meetings, shall preserve decorum and shall
conduct said meetings in an orderly fashion. The Chairman may speak to points of order and
shall decide all questions of procedure. The Chairman shall vote in case of a tie and may vote on
any matter before the Commission. Questions of procedure for meetings of the Commission not
covered by these Bylaws, shall be governed by the latest edition of Roberts Rules of Order,
Revised. In case of any disturbance or disorderly conduct, the Chairman shall have the power to
remove the cause of same or suspend the meetings.

The Commission shall follow Robert’s Rules of Order in the conduct of each meeting and comply
with the requirements of the Illinois Open Meetings Act as amended.

X. DISQUALIFICATION/CONFLICT-OF-INTEREST PROVISIONS
 
[Part in brackets being removed.]
[No Commission Member who has an individual financial or other material interest in any matter coming before the Commission shall participate in the deliberations or the decisions in such matters. Furthermore, Members who recognize that they may have such an interest shall so
state during the public deliberations of the Commission.]

No Commission member who has a direct financial interest, or is an employee or representative
in any capacity of an entity having an interest in any matter coming before the Commission shall
participate in the deliberation or the decision in such matters. In the event a member believes
that he or she has a conflict of interest on any matter before the Commission, prior to any
discussion of the issue, indicate to the Commission that a conflict exists and inform the
Commission that he or she will be abstaining from any discussion and vote on the matter.
However, a member may be allowed to answer questions or present factual information if
requested by the Chairman of the Commission.

In order to serve on the CDBG Commission, voting-bloc Members agree to abide by the
provisions of 24 CFR 92.356, 24 CFR 85.36 and 24 CFR Part 84.42 with respect to conflicts of
interest, and covenants and certifies that he or she presently has no financial interest and shall
not acquire any financial interest direct or indirect, or any such benefit, which would conflict in any manner or degree with the performance of services required per their term of office as a voting bloc Member. In addition to not being allowed to have a financial interest as stated above, voting bloc Members shall not be employed or retained by any subrecipient organization. These conflicts of interest provisions apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of a McHenry County subrecipient organization. Lastly,
voting-bloc Members as outlined herein may not acquire a financial interest or any such benefit
due to family or business ties to a member, an employee, agent, consultant, officer, or elected
official or appointed official of the Participating Jurisdiction known as the County of McHenry,
Illinois.

XI. RESCISSION

No action of the Commission shall be rescinded at any special meeting of the Commission unless
there shall be present at such special meeting at least as many voting-bloc Members as were
present at the meeting at which such action was originally approved.

[Entire section being removed.]
{XII. DURATION

The Commission shall continue to exist until all CDBG/HOME funds have been expended,
returned to the funding agency, or otherwise accounted for the satisfaction of the funding agency.]

XIII. AMENDMENT

[Part in brackets being removed.]
[These By-Laws may be amended by Resolution of the McHenry County board by simple majority
of those voting at a regular or special meeting thereof.]

These bylaws are subject to review and approval of the McHenry County Board. The power to
amend or repeal these bylaws or adopt new bylaws may be exercised by no less than a majority
of the current membership of the Commission or at the request and discretion of the McHenry
County Board and final approval by and of a Resolution of the McHenry County Board by simple
majority of those voting at a regular or special meeting thereof.

ATTACHMENT A: Proposed Amended CDBG Bylaws December 2011