McHenry Times

McHenry County Committee of the Whole met Aug. 16.

Here is the minutes provided by the committee:

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. INTRODUCTORY ROLL CALL

Meeting called to order at: 9:00 AM by Chairman Jack D Franks.

PRESENT: Aavang, Barnes, Christensen, Gottemoller, Hammerand, Heisler, Jung Jr., Kearns (Remote), Kurtz, McCann, Nowak, Rein (9:04 AM), Reinert, Skala, Smith, Spoerl, Thorsen, Walkup (Remote), Wheeler, Wilbeck, Wilcox, Franks

ABSENT: Bates, Kopsell, Yensen

Also present: Peter Austin, County Administrator; Scott Hartman, Deputy County Administrator; Ralph Sarbaugh, Associate County Administrator-Finance; Adam Letendre, Purchasing Director and interested staff and public

4. PUBLIC COMMENT

Full comments can be heard on the McHenry County website audio starting at 02:20

Chairman Franks states that Shabadoo Solar Petitioner asked to table resolution until the November 2018 County Board Meeting.

Chairman Franks states the rules of public comment.

The following people spoke:

Ken Linde - Shabadoo Solar location - Against Cynthia Kanner - Solar - For

Glenn Pittluck - Shabadoo - against

Larry Spaeth - Consolidation - For

Marti Swanson - Questions on consolidation

Chairman Franks gives a brief statement regarding a resolution to reduce the size of the County Board in response to public comment questions.

The following members of the public did not wish to speak, but made their position known: Tom Liston - Shabadoo Solar - Against

Glenda Pittluck - Shabadoo Solar - Against

Donna Dobbertin -Shabadoo Solar - Against

Bob Dobbertin - Shabadoo Solar - Against Marvin Diedrich - Shabadoo Solar - Against Joan Weidner - Shabadoo Solar - Against Sharron Andresen - Community Solar - For Carolyn Zank - Shabadoo Solar- For

David Zank - Shabadoo Solar- For

Betty Hendrix - Shabadoo Solar- Against

Shirley Wood - Shabadoo Solar- Against Karen Liston -Shabadoo Solar- Against Walter Weedar -Shabadoo Solar- Against Carol Toussant - Shabadoo Solar- Against Jen Brown - Solar - Against

Dean Setzleu - Solar - Against

Some names were illegible and as a result were not added to the list

5. REPORTS AND PRESENTATIONS

Full comments can be heard on the McHenry County website audio starting at 20:20

Chairman Franks makes opening remarks regarding budgeting, the position of Chief Deputy for Finance and an Independent Inspector General Position, recognition of several county employees for the implementation of the paperless billing system (Claire Howatt, Sabrina Boone and Jim Camara), better rating and reduction in flood premium in unincorporated McHenry County, County Board Members old ipad's will stay at the County Board Room desks for voting purposes only, cyber training for County Board Members, special voting meeting immediately following the Committee of the Whole.

6. NEW BUSINESS

1. Review of the August 21, 2018 County Board Agenda Items

Full comments can be heard on the McHenry County website audio starting at 24:14

Chairman Franks asks for any items that will be removed in order to allow all staff that is not necessary for questions to return to their departments.

Items removed for discussion:

ZONING PETITIONS

10.2.C. #2018-016ta - McHenry County Board PED Committee - Text Amendments

ROUTINE CONSENT AGENDA

Finance & Audit

16.2.A.3 - Resolution Authorizing a Two (2) Year Base Contract for Option Years Three (3) and Four (4) of the Contract with Brightview Landscapes, LLC of Rockville, Maryland for Lawn Maintenance Services in FY2019 and FY2020

16.2.A.6 - Resolution to Amend the Travel and Business Expense Policy to Address Pre-Election Business Expenses of State Constitutional Elected Office Holders

16.2.A.7 - Resolution to Amend the Travel and Business Expense Policy Regarding Professional Related Business Expenses to Include Civic Engagement Expenses

16.2.A.13 - Resolution Authorizing a Budget Line Item Transfer of $10,010 in the Sheriff's DUI Conviction Fund FY2018 Budget

Transportation

16.2.H.2 - Resolution Approving an Engineering Services Agreement to Provide Bridge Inspection Services and Appropriating Funds

ORDINANCES

17.2.A - Ordinance Adopting the McHenry County Public Nuisance Ordinance

Discussion:

ZONING PETITIONS

10.2.C. - #2018-016ta - McHenry County Board PED Committee - Text Amendments

Mr. Rein would like clarification regarding the number of people attached to the sober homes.

Darrell Moore responds regarding the conditional use permit, group homes and sober homes and reviews group home vs sober home limitations and regulations and permitting. Mr.Gottemoller states information from the Fair Housing Act. Mr. Rein suggests an amendment of 1000 feet to a mile on group homes. Mr. Wilcox asks question regarding the Fair Housing Act. Members make further comments regarding group homes.

ROUTINE CONSENT AGENDA

Finance & Audit

16.2.A.3 - Resolution Authorizing a Two (2) Year Base Contract for Option Years Three (3) and Four (4) of the Contract with Brightview Landscapes, LLC of Rockville, Maryland for Lawn Maintenance Services in FY2019 and FY2020

Mr. Wilbeck asks why we are contracting with someone out of state. Tom Burroughs responds to Mr. Wilbeck's concern.

16.2.A.6 - Resolution to Amend the Travel and Business Expense Policy to Address Pre-Election Business Expenses of State Constitutional Elected Office Holders

Ms. Barnes questions terminology of state constitutional elected officers versus all countywide elected officials. Chairman Franks responds and also agrees that there should be a change in the title of the resolution.

16.2.A.7 - Resolution to Amend the Travel and Business Expense Policy Regarding Professional Related Business Expenses to Include Civic Engagement Expenses

Ms. Barnes speaks to the civic engagement expenses wording and giving employees firm standing on approval or denial of expenses. Chairman Franks gives explanation regarding public officials using county funds. Ms. Barnes question the routing of the expense and Chairman Franks states no change in the expense approval routing and this is an extra procedural safeguard.

16.2.A.13 - Resolution Authorizing a Budget Line Item Transfer of $10,010 in the Sheriff's DUI Conviction Fund FY2018 Budget Transportation

Mr. Wilbeck requests an overview on DUI fund and the specific use available. Sandra Salgado responds regarding budgeting and use. Mr. Wilbeck asks who reviews and approves and Mr. Sarbaugh responds.

16.2.H.2 - Resolution Approving an Engineering Services Agreement to Provide Bridge Inspection Services and Appropriating Funds

Mr. Wilbeck states that he has issue with the RFQ(Request For Qualifications) process.

ORDINANCES

17.2.A - Ordinance Adopting the McHenry County Public Nuisance Ordinance

Mr. Smith states that in committee there were suggested changes and asks if this is the final version of what we are voting on. Mr. Austin responds.

Mr. Gottemoller states that if you want to give the sheriff a tool to enforce with there needs to be a general noise ordinance rather than specific types of noise makers. Suggests that the ordinance encompasses everything and not make it specific and would propose an amendment to remove the sections that allow specific types of noise.

Ms. McCann comments regarding noise portion which covers all the miscellaneous things that come along with crowd control and that off road vehicles are regulated and enforced by planning and development. Mr. Christensen states that this is over regulation and would like to hear from the sheriff. Mr. Jung states that we do not need all these ordinances. Chairman Franks states the prior States Attorney was not in favor of making these enforcement's but the current States Attorney is and we need to have continuity and ordinances regardless of who holds the office. Ms. McCann comments regarding disorderly conduct and a criminal offense but need an ordinance so that our deputies or planning and development can give a ticket and refers to state law under the EPA states that the sheriff office or any law enforcement agency can enforce a noise ordinance.

Sheriff Prim states he does not believe the county has the legal ability to pass a noise ordinance and it is an unnecessary ordinance.

Mr. Christensen lives in unincorporated and the sheriff comes out when a call is made. Ms. Kurtz has a concern for the people that do have noise and have no remedy to address it and the question is how we govern appropriately for the community. Mr. Wheeler objects to the ordinance because it is not quantifiable or measurable and people move into unincorporated areas to have less regulation. Mr. Hammerand living in a municipality does not necessarily mean you do not have noise issues and the ordinance should add regulation at evening hours and be more general with a definition on noise. Mr. Reinert states that this ordinance discourages music in the garage and the way it is written is too precise.

7. ADMINISTRATOR'S REPORT

Full comments can be heard on the McHenry County website audio starting at 1:17:30

Mr. Austin speaks to the following items:

Budget development, Ralph will be stepping away for a bit in September, special finance meeting on Friday, August 31, upgrading Senior Finance position to address the qualifications necessary, outside management audit firm for Valley Hi

8. OTHER

Full comments can be heard on the McHenry County website audio starting at 1:20:47

Mr. Wibeck states that there is interest in knowing what the goals are this year with the levy reduction. Chairman Franks responds stating it would be a cumulative 15%. Mr. Wilbeck speaks to the effective rate and states we should be cautious on the percentage. Mr. Austin speaks to variables. Mr. Thorsen states that we should make it permanent. Mr. Wilcox asks for clarification on the levy.

9. EXECUTIVE SESSION

10. MOTION TO ADJOURN

Mr. Gottemoller made a motion, seconded by Ms. Barnes to adjourn at 10:25 am. Chairman Franks declared the motion passed on a unanimous voice vote.

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