McHenry County Board met September 13.

By Angelica Saylo Pilo

Oct 31, 2018

McHenry County Board met Sept. 13.

Here is the minutes provided by the board:

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, Bates (9:03 AM), Christensen, Gottemoller, Hammerand, Heisler, Jung Jr., Kearns, Kurtz (9:03 AM), Nowak, Rein, Reinert, Skala (9:03 AM), Smith, Spoerl, Thorsen, Wheeler, Wilbeck, Yensen, Franks

ABSENT: Kopsell, McCann, Walkup

Also present: Peter Austin, County Administrator; Dennis Sandquist, Planning and Development Director; Adam Letendre, Purchasing Director; Darrell Moore, Planning Director; Jeff Young, Assistant County Engineer; Joe Tirio, County Recorder and interested staff and public

4. PUBLIC COMMENT

Full comments can be heard on the McHenry County website audio starting at 01:25 Chairman Franks goes over the rules of public comments.

The following people spoke:

Michael Grismer Harmony Hill Solar For

The following people signed up but did not want to speak:

Margaret Blum Borrego Solar For

Lynn Serra NEXAMP Against

Karl Truty Solar Plant Against

5. REPORTS AND PRESENTATIONS

Full comments can be heard on the McHenry County website audio starting at 02:57

Chairman Franks makes opening remarks regarding the upcoming vote to reduce the size of the County Board, rebating over-accumulated fund reserves back to the taxpayers, declaring a harvest emergency to help farmers get their crops to market, a report on the financial cost of the opioid crisis to the county, and that the time of the September 18 meeting is pushed up to 5:00 PM for Yom Kippur.

Ms. Yensen gives board members an update on the Senior Services Grant Commission and the Mental Health Board.

1. FY19 Budget Update & Supplemental Review

Mr. Austin updates board members on the 2019 budget. He says budget projections are on solid ground, that he is confident that staff can meet levy reduction goals, and that the board will be presented with a very modest list of supplemental requests. He says the head county will be reduced by between 16 and 20 people. Members ask questions regarding revenue estimates from new online sales tax, the proposed staff reductions, the Valley Hi Levy, IT Security, shared services with the school districts, sustainability of the budget, permanent cuts to the budget. Mr. Austin, Mr. Sullivan and Chairman Franks answer accordingly.

6. NEW BUSINESS

1. Review of the September 18, 2018 County Board Agenda Items

Full comments can be heard on the McHenry County website audio starting at 58:30

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:

9.1 - Proclamation Designating September 2018 as National Suicide Prevention Awareness Month in McHenry County

10.1.1 - #2018-019 - Borrego/Domenella - Richmond Twp - A1-A1CV

10.2.A - #2018-17 - Syncarpha Solar/Grismer Tr - Coral Twp - A1-A1C

13.1 - Resolution Authorizing the Purchase of Portable and Mobile Radios through the State of Illinois Department of Innovation and Technology Statewide Master Contract for Starcom 21 Equipment, No. DIT7016660, Authorizing the Execution of a Finance Agreement with Harvard State Bank and Authorizing the Use of the Regional Transportation Authority (RTA) Quarter Cent Sales Tax Fund for this Purpose

14.1 - Recommendations for Appointment to the McHenry County Zoning Board of Appeals and the Tuberculosis Care and Treatment Board as of September 18, 2018

16.1.A.2 - Road Dist Motor Fuel Tax (MFT) Funds - to be presented to the County Board at the first regular meeting after receipt of letter and report hereby attached

16.2.A.2 - Resolution Authorizing an Amendment to Resolution R-201802-13-030 Changing the Vendor From Governmental Business Systems to Election Systems & Software LLC to Provide the Printing of the 2018 General Election Ballots

16.2.A.3 - Resolution Adopting a Predictable Fee Schedule for the Recorder’s Office

16.2.A.6 - Resolution Authorizing a Settlement Agreement in the Case of Taxpayer Wolf Realty, LLC, et al. v. Miller (Case No. 15 TX 5)

16.2.A.7 - Resolution Authorizing Thirty-Six Month FireEye Endpoint Security Software Maintenance and Support

16.2.A.8 - Resolution Authorizing a Sixty Month Multi-Function Device Lease, Including Managed Print Services with Stan’s LPS Midwest

16.2.A.14 - Resolution Authorizing the County to Enter into a Contract with Aramark, LLC to Provide Inmate Meals in the McHenry County Sheriff’s Office for a Base Two Year Contract (12/1/2018-11/30/20) and Two Additional Option Years (12/1/20-11/30/22)

16.2.A.16 - Resolution Amending County Board Approved Resolutions R-201711-61-309, R-201711-61-306, R- 201711-61-311, R-201711-61-308, R-201712-61-367 and allowing Valley Hi the Authority to Spend Funds Related to the Identified OCA Codes up to the County Board Approved Valley Hi FY2018 Operating Budget 16.2.F.1 - Resolution for an After-the-Fact Zoning Petition Fee Waiver for Michael and Teri Herff in the Amount of $2,000 for Zoning Petition #2018-027

16.2.H.3 - Resolution Approving the McHenry County Living Snow Fence Program and Appropriating Funds 17.1.A - Ordinance Adopting the McHenry County Noise Ordinance

SPECIAL RECOGNITIONS

9.1 - Proclamation Designating September 2018 as National Suicide Prevention Awareness Month in McHenry County

Mr. Wilcox says he will amend the resolution to include the phone number of the Veterans Crisis Line to address that 22 veterans each day commit suicide.

ZONING CONSENT AGENDA

10.1.1 - #2018-019 - Borrego/Domenella - Richmond Twp - A1-A1CV

Mr. Wilcox asks how the Zoning Board of Appeals voted. Mr. Sandquist responds.

ZONING REGULAR AGENDA

10.2.A - #2018-17 - Syncarpha Solar/Grismer Tr - Coral Twp - A1-A1C

Mr. Rein asks if the glare off of the solar panels will create a hazard for drivers. Mr. Moore answers that they are safe, and that solar panels for obvious reasons are designed to absorb as much sunlight as possible.

Mr. Wilcox asks about the specific conditions attached to each solar energy project the county approves. Mr. Sandquist says he can get Mr. Wilcox the information.

NEW AND UNFINISHED BUSINESS

Ms. Bates asks about the Law and Government Committee not approving the resolution. Mr. Austin says the resolution failed in that committee but that it passed in the Transportation Committee and the Finance and Audit Committee. Mr. Skala says the radios are part of the county capital program, and that there were concerns in Finance and Audit about purchasing the radios over two fiscal years, which would create issues with the serviceability agreement.

Members discuss financing options including the possibility of using the reserves surplus from Valley Hi. Chairman Franks, Mr. Sullivan and Mr. Austin respond accordingly.

Chairman Franks says that some good points have been raised, and asks if they are feasible. Mr. Austin responds. Mr. Wilcox says the resolution can be amended next Tuesday. Chairman Franks asks Mr. Skala for his opinion and Mr. Skala responds and there is a State's Attorney opinion requested. Mr. Wilcox asks about the interest rate.

APPOINTMENTS

14.1 - Recommendations for Appointment to the McHenry County Zoning Board of Appeals and the Tuberculosis Care and Treatment Board as of September 18, 2018

Mr. Wilcox asks how much total experience the ZBA applicants have. Mr. Sandquist tells him he can get him the information. Chairman Franks says that the three nominees are the only three who applied.

ROUTINE CONSENT AGENDA

Receipt of Statutory Reports and Placed on File

County Clerk

16.1.A.2 - Road Dist Motor Fuel Tax (MFT) Funds - to be presented to the County Board at the first regular meeting after receipt of letter and report hereby attached

Mr. Wilcox asks about the trends and Mr. Young responds that this is about township funds not county funds.

Finance & Audit

Mr. Wilcox asks that there be discussion when we are being asked to vote on it.

16.2.A.3 - Resolution Adopting a Predictable Fee Schedule for the Recorder’s Office

Mr. Skala says that Mr. Tirio has proposed cuts to the fees after he initially asked for fee increases which were approved at Finance & Audit Committee, and that he will be amending the resolution next Tuesday to reflect that. Mr. Tirio makes comments regarding the changes. Ms. Yensen tells Mr. Tirio that she has concerns about the surplus in the automation fund. She says it was never disclosed on the Recorder’s monthly report. Ms. Yensen states that accumulating a $2.5 million surplus, which is three years’ worth of fees, isn’t illegal, but it’s bad public policy. Chairman Franks says he has a number of questions for Mr. Tirio. He asks Mr. Tirio to walk the County Board through how the surplus came about. Mr. Tirio gives the history of the automation fund. Chairman Franks asks about historical background and states there is a 2.5 million surplus and asks what the spend down will address and how can you spend staff salaries out of the automation fund. Mr. Tirio states that the people working in the records management will be paid from this fund. Chairman Franks asks if he believes that this fund will expose us to lawsuits against the county. Members walk out of the meeting causing a lack of quorum.

Chairman Franks references statute and asks if there are different fees regarding different documents and Mr. Tirio states that yes there are different fees. Member Wheeler uses an expletive and shouts. The body moves on to the next item of business.

16.2.A.6 - Resolution Authorizing a Settlement Agreement in the Case of Taxpayer Wolf Realty, LLC, et al. v. Miller (Case No. 15 TX 5)

Mr. Wilbeck asks a question and Mr. Hartman suggests we discuss this in executive session.

16.2.A.7 - Resolution Authorizing Thirty-Six Month FireEye Endpoint Security Software Maintenance and Support

Mr. Wilbeck states comparing both of these quotes it looks like we can save money with the other vendor. Mr. Letendre provides explanation regarding savings.

16.2.A.8 - Resolution Authorizing a Sixty Month Multi-Function Device Lease, Including Managed Print Services with Stan’s LPS Midwest

Mr. Wilbeck asks how do you send out requests to six vendors and receive seven back? Mr. Letendre explains it is publicly posted so others can apply outside of the targeted vendors. Mr. Wilbeck asks about the lowest bid and Mr. Letendre states that the lowest bidder did not provide a complete bid and the next lower bid did not turn in the required documentation.

Mr. Wilbeck states that we spoke as a board previously and stated there was a decision not to accept a one bidder contract. Ms. Salgado stated that there was a two phase process and the other company that was bidding dropped out. Mr. Wilbeck suggests that narrative be added to the resolution in the future.

Mr. Wilcox asks a question regarding the process. Mr. Austin states he will have to get information and get back to him.

16.2.F.1 - Resolution for an After-the-Fact Zoning Petition Fee Waiver for Michael and Teri Herff in the Amount of $2,000 for Zoning Petition #2018-027

Mr. Wilcox asks how many petition fee waivers have we processed in the last five years and is this in line with all the previous ones. Mr. Sandquist responds. Mr. Smith gave further information as to what happened in committee. Members make further comments and Mr. Sandquist states this was identified as a violation. Mr. Wilcox asks if this is an exception or if there will be adjustments to the process. Members state the Herff family was not aware they were in violation and the reasoning for the waiver was to try to assist a small business owner rather than double penalize.

16.2.H.3 - Resolution Approving the McHenry County Living Snow Fence Program and Appropriating Funds

Mr. Spoerl calls the Living Fence concept a win-win for farmers and the DOT. He asks Mr. Young what the process is. Mr. Young answers that it is involved, because they have to wait for the farmers to get their crops harvested. He said the percentages when it comes to increased savings from less plowing and salting is from statistics taken from other states, and that only a few farmers have signed up so far. Ms. Aavang said she had watched crews put up living fences, and it’s not an efficient process.

16.2.H.2 - Resolution Approving an Engineering Services Agreement and Appropriating Funds for the Millstream Road over the Kishwaukee River (3022 & 3023) Bridge(s) Project

16.2.H.4 - Resolution Approving an Engineering Services Agreement and Appropriating Funds for the Hunter Road over Little Beaver Creek (056-3034) Bridge Project

16.2.H.6 - Resolution Approving an Engineering Services Agreement and Appropriating Funds for the Algonquin Road Corridor and Wilmot Road at Main Street Traffic Signal Improvement Project

Mr. Wilbeck states his concern for these items in regards to the RFQ process. Members discuss concerns and ideas regarding the flashing yellow light and Mr. Young responds accordingly.

17.1.A - Ordinance Adopting the McHenry County Noise Ordinance

Mr. Rein asks for the opinion of the Sheriff’s Office. Mr. Pagán answers that Sheriff Prim still believes it is redundant, and that the disorderly conduct statute already covers this issue. Mr. Gottemoller says this issue has been discussed for years, but says what is different here is that the noise ordinance still allows deputies to charge disorderly conduct. He says he doesn’t want deputies to not have the tools to do the job. Mr. Kearns asks for an explanation regarding enforcement of the law, and also asked why the ordinance includes discharge of firearms, when it was agreed that it would not be singled out. Mr. Gottemoller and Chairman Franks answer that they, too, believed that all references to guns were removed. Mr. Smith clarifies for Mr. Kearns that state law says the sheriff enforces a noise ordinance, but the choice of whether or not to enforce the law is up to the sheriff. Mr. Christensen says this ordinance is unnecessary and should not even have come this far. Mr. Kearns says again he will support the ordinance because constituents are complaining that neighbors are using music as a weapon to be a nuisance. Ms. Yensen says she agrees with Mr. Kearns and that she will be supporting the ordinance. Mr. Pagán responds that the sheriff’s office always responds to noise complaints, regardless whether or not a noise ordinance exists. Chairman Franks says the prior state’s attorney’s office said it would not prosecute noise complaints. Mr. Jacobson responds that that was an impression that was given. Chairman Franks says some kind of baseline is needed as to what will be enforced, and that this ordinance has no criminal ramifications, and that it gives the sheriff an option to not charge someone criminally. Mr. Pagán responds that if there was a noise ordinance, we wouldn’t automatically write a ticket. If deputies have to come back a second time, they could issue a citation. Mr. Wilcox says the ordinance needs to go back to committee because there a large number of unresolved questions, such as who gets to enforce it. Mr. Christensen agrees. Mr. Reinert says his fear is that this ordinance will make wrongdoers out of every resident whose neighbor doesn’t like them. Mr. Gottemoller states the ordinance cannot be pulled during review. It can be killed or amended on the night of the vote at the October meeting. Mr. Rein asks whether disorderly conduct charges can be pleaded down. Mr. Vinton responds. Mr. Kearns asks whether the neighbor has to file a complaint under the noise ordinance. Mr. Vinton and Mr. Sandquist respond. Mr. Wilcox asks Mr. Sandquist about enforcement and staffing requirements. Mr. Sandquist responds. Members discuss further and express their concerns.

7. ADMINISTRATOR'S REPORT

Full comments can be heard on the McHenry County website audio starting at 3:19:15

Mr. Austin speaks to the following items:

The farewell party for Darrell Moore in Planning & Development, the McHenry County water forum, the sheriff’s open house, the establishment of a special service area for unincorporated Lake in the Hills residents, and the PADS homeless shelter on Kishwaukee Valley Road.

Ms. Aavang asks Mr. Austin for an update about the closed bridges in Hebron Township. Mr. Gottemoller answers her question.

8. OTHER

Executive Session - Discussion regarding on going or pending litigation.

Ms. Yensen made a motion, seconded Mr. Rein to adjourn at 11:46 am and enter into Executive Session. Chairman Franks declared the motion passed on a unanimous voice vote.

Motion to return to Regular Session at 12:59 pm

9. MOTION TO ADJOURN

Mr. Skala made a motion, seconded by Mr. Wilcox to adjourn at 1:00 pm. Chairman Franks declared the motion passed on a unanimous voice vote.

https://mchenrycountyil.iqm2.com/Citizens/FileOpen.aspx?Type=12&ID=4079&Inline=True

ORGANIZATIONS IN THIS STORY

McHenry County Board

!RECEIVE ALERTS

The next time we write about any of these orgs, we’ll email you a link to the story. You may edit your settings or unsubscribe at any time.

Sign-up

DONATE

Help support the Metric Media Foundation's mission to restore community based news.

Donate