McHenry County Board met June 10

By Angelica Saylo Pilo

Oct 25, 2021

McHenry County Board met June 10.

Here are 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 Michael Buehler.

PRESENT: Aavang, Acosta, Althoff, Bates, Collins, Doherty (Remote), Gottemoller (Remote), Kearns, Meshes, Parrish, Phillips (Remote), Schofield, Schwartz, Skala, Thorsen, Vijuk, Von Bergen, Wegener, Wilbeck (Remote 9:40 AM), Yensen, Buehler

ABSENT: Jindrich, Jung Jr., Nowak, Smith

Also present: Peter Austin, County Administrator; Scott Hartman, Deputy County Administrator; Alicia Schueller, Communications and Project Manager; Dennis Sandquist, Director of Planning and Development; Patricia Nomm, Director of Environmental Health; Norman Vinton, Assistant State's Attorney; Adam Wallen, Building Enforcement Officer and other interested staff.

4. PUBLIC COMMENT

Full comments can be heard on the McHenry County website audio starting at 0:01:43

• Mary McCann, regarding Community Farms in Marengo

• Agmeszka Tierney, regarding Community Farms in Marengo

• Marco Russo, regarding Community Farms in Marengo

• Jenn Sandoval, regarding Community Farms in Marengo

• Jodie Wierderer, regarding Community Farms in Marengo

• Heather Friedci, regarding Community Farms in Marengo

• Mark Gillow, regarding Community Farms in Marengo

• Dinah Binder, regarding Community Farms in Marengo

• Bev Haase, regarding Community Farms in Marengo

• Dillion Hanson, regarding Community Farms in Marengo

• Karen Whitey, against Community Farms in Marengo, did not speak

5. REPORTS AND PRESENTATIONS

Full comments can be heard on the McHenry County website audio starting at 0:20:22

Chairman Buehler makes opening remarks:

• Tomorrow all capacity limits on Illinois businesses, gatherings, and events will be lifted as the State enters Phase 5 of the Restore Illinois Plan.

• In the coming months, the McHenry County Rescue Plan will be shared to help the County’s struggling residents and businesses with thoughtful and impactful investments in the future.

• Next Tuesdays County Board meeting will be the first full in-person meeting since the State of Emergency was first declared.

• Two requirements that have been postponed due to social distancing requirements will be fulfilled during Tuesday’s County Board meeting: seating and group photo of the County Board members.

• On the final day of session, Memorial Day, the General Assembly passed Senate Bill 825 pushing back the Reapportionment Map deadline until the third Wednesday in November for Counties with a popularly elected Chairman. The map will be brought before the board for approval after the release of the official Census data this fall.

• Senate Bill 825 includes changes to next year’s mid-term Primary Election pushing back the Primary until June 28, 2022, which means the first day to circulate petitions is pushed back till January 13, 2022, with a filling period from March 7th through March 14th, 2022.

• State lawmakers did not follow through with reducing the local Governments share of State tax revenue under the Local Government Distributive Fund.

• House Bill 3443, which makes changes to the law in respect to body cameras, use of force, training requirements and other items passed both houses.

• June 1, 2021, Chairman Buehler; Representative Underwood; County Administrator, Peter Austin; County Engineer, Joe Korpalski; and Assistant Director of Transportation, Scott Hennings, met to discuss transportation funding needs of McHenry County, specifically Metra’s request for funds to engineer a new rail yard in Woodstock for the Union Pacific Northwest Line.

• The first of two Strategic Planning Sessions will take place on June 11, 2021, at the Holiday Inn in Crystal Lake.

1. Community Farm Building Permit J-8938 - Discussion

Full comments can be heard on the McHenry County website audio starting at 0:26:38

Dennis Sandquist, Director of Planning and Development, joins the board for a discussion on Permit J-8938 for Community Farms to build a meat processing facility. Mr. Sandquist gives an overview of the map surrounding land use and zoning for 21804 West Grant Highway, Marengo.

• Mr. Sandquist explains that meat packaging plants are regulated by the Illinois Department of Agriculture and at the local level staff has a responsibility to place them in the best possible locations given the circumstances of what they do and to ensure local ordinances are enforced. Mr. Sandquist explains the subject property is zoned industrial which allows the processing of all kinds and describes the land use and zoning of the surrounding areas on the map.

• Mr. Sandquist clarified that 14.3HH was for small animal processing (such as chickens, turkey, and rabbits) and would not apply to the property in question.

• Patricia Nomm, Director of Environmental Health, speaks regarding groundwater contamination in processing and domestic waste. Ms. Nomm explained it would be served by an on-site wastewater treatment system ensuring the processing of waste will be separate from domestic waste. The County Health Department will be on-site every other year to check the special waste holding tanks and pretreatment unit for the system and can also be on-site to address complaints If needed. The Department of Agriculture will be responsible for reviewing the operations.

• Mr. Sandquist noted this was a use that was allowed by right therefore there is no public hearing process, however, the City of Marengo was informed if they thought there was a mistake they could file an appeal within 90 days which they choose not to.

• Norman Vinton, Assistant State’s Attorney, speaks regarding legal recourse that could potentially be related to the processing plant.

• Mr. Sandquist has not received any feedback from either the Farm Bureau, farmers, or agricultural businesses in the area regarding the business.

• Mr. Sandquist reached out to animal control and was informed that animals raised and being held for slaughter are exempt from what they enforce, and he verified those complaints would go through the Department of Agriculture.

• Adam Wallen, Building Enforcement Officer, speaks regarding initial inspections.

• Ms. Nomm informed the board the Health Department would respond to any complaints regarding nuisances such as rodents and cockroaches.

• Because the owner is doing large animals in addition to small animals the 400 feet requirement does not apply.

• Quarterly during the review period of the pretreatment device, testing will be performed on wastewater going into the septic system, and based upon those levels they have historically known what the levels of residential strength would be.

6. NEW BUSINESS

1. Review of the June 15, 2021 County Board Agenda Items

Full comments can be heard on the McHenry County website audio starting at 1:17:16

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

Items removed for discussion:

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

1. County Board - Committee of the Whole - May 13, 2021, 9:00 AM

2. County Board - Regular Meeting - May 18, 2021, 7:00 PM

3. County Board - Committee of the Whole - May 27, 2021, 9:00 AM

Removed for discussion by Ms. Wegener

SPECIAL RECOGNITION

9.1 - Proclamation Declaring June 2021 as lesbian, gay, bisexual, transgender, queer, intersex, and asexual (LGBTQIA) "Pride Month" throughout McHenry County.

Removed for discussion by Ms. Phillips

NEW AND UNFINISHED BUSINESS

13.1 - Resolution Extending the Resolution and Temporary Moratorium on the Enforcement of the McHenry County Unified Development Ordinance and Liquor Control Ordinance as they Relate to Outdoor Seating, Service, and Sale of Food and Alcohol.

Removed for discussion by Ms. Schofield.

REPORTS

16.1.D.1 - Coroner’s Report

Removed for discussion by Mr. Vijuk

PUBLIC HEALTH AND COMMUNITY SERVICES

16.2.E.1 - Resolution Requesting Approval of the McHenry County 2020-2024 Consolidated Plan for Community Development and 2020 Annual Action Plan for Community Development, and Authorizing the County Board Chairman to Enter Into Grant Agreements with the United States Department of Housing and Urban Development for 2020 HOME Investment Partnerships Program and 2020 Community Development Block Grant Program Funding. Removed for discussion by Mr. Vijuk.

16.2.E.3 - Resolution Authorizing Valley Hi to Enter Into a Contract with Manusos General Contracting, Inc. to Complete the Therapy Room Addition, Shower Room Renovation, and Other Capital Improvement And Asset Preservation Plan Targeted Projects and a Emergency Appropriation from the Valley Hi Fund Balance.

Removed for discussion by Mr. Kearns.

Discussion:

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

1. County Board - Committee of the Whole - May 13, 2021, 9:00 AM

2. County Board - Regular Meeting - May 18, 2021, 7:00 PM

3. County Board - Committee of the Whole - May 27, 2021, 9:00 AM

Ms. Wegener asks for the minutes of the Committee of the Whole and County Board to be more elaborate to allow readers a better understanding of the discussions and for them to understand the details of how they came to a decision. Ms. Wegener also feels there should be one standard for all the meeting minutes whether the meeting is a standing committee, Committee of the Whole, or County Board. Ms. Wegener requested all of the minutes of the current packet be expanded to include more detail before reposting tomorrow for Tuesday’s vote. Ms. Yensen felt the process of writing the minutes should be formalized in the board rules. Ms. Schofield reminded the board the purpose and requirements of the minutes per the Open Meetings Act are to record the votes that were taken during that meeting. She feels there is nothing better than the verbatim discussion that is captured on the audio and video presented with the times listed in the minutes. She noted in the past when the minutes contained more content board members argued what was depicted in the minutes was not what they intended to say. Norm Vinton, Assistant State’s Attorney, was not sure what the Open Meetings Act said regarding the detail of minutes but would give the board an opinion on the subject if they desired. Mr. Skala stated the board used to spend a lot of time at meetings reviewing the minutes and who’s statements were recorded and who’s were not. He likes the minutes the way they are and appreciates being able to go to the audio at any point in time to hear what was said on a subject. Ms. Yensen had concerns about members of the public not being able to access the audio or video portion of the minutes online. Ms. Bates feels that minutes are subject to human error whereas video and audio are spot on and questioned if County Administration could accommodate a member of the public who was unable to access the audio and video from home. Peter Austin, County Administrator, stated is there was a resident who needed assistance the County Administration Office could assist them. Mr. Austin stated the Board Rules are pretty clear on what must be in minutes and in his experience, minutes are a record of what happened not what was said. Additionally, the board rules do state if a member wants a comment included in the minutes, they can request for that specific comment to be included. Mr. Vijuk suggested a caveat be included in the minutes stating if a constituent should need more clarity in the minutes, they could contact the County Administration Office.

SPECIAL RECOGNITION

9.1 - Proclamation Declaring June 2021 as lesbian, gay, bisexual, transgender, queer, intersex, and asexual (LGBTQIA) "Pride Month" throughout McHenry County.

Ms. Phillips asks for the Proclamation to be amended to change all references of LGBTQ to LGBTQIA, lesbian, gay, bisexual, transgender, queer, intersex, and asexual. Staff will amend the Proclamation to reflect her request.

NEW AND UNFINISHED BUSINESS

Ms. Schofield questioned if the 2nd Whereas was still relevant with no new capacity limits in place. Mr. Austin clarified the intent of the 2nd Whereas was to inform the public that no matter what the State does the County will enforce the moratorium for the last six months of 2021. Mr. Thorsen made a point of clarification that the limitations were not the sole reason why the moratorium was extended.

REPORTS

16.1.D.1 - Coroner’s Report

Mr. Vijuk had questions regarding the report, after contacting Dr. Rein and County Administration, the report was changed to include an additional page that was missing. Mr. Vijuk also questioned if the software for reporting statistics would be coming from an outside vendor. Secondly, Mr. Vijuk questioned why the information in the reports provided changed monthly. Mr. Austin informed Mr. Vijuk he would present his questions to Dr. Rein for clarification.

PUBLIC HEALTH AND COMMUNITY SERVICES

Mr. Vijuk questioned how many members of the public attended the two public comment meetings on January 2nd. Hans Mach, Community Development Administrator, informed Mr. Vijuk they did not have any public participation. Mr. Vijuk questioned if the resolution was time-sensitive and needed to be in by this month. Mr. Mach stated it was and needed to be into the Federal Government by Wednesday following County Board approval. Mr. Vijuk questioned how this five-year plan fits into the County’s Strategic Plan? Mr. Sandquist clarified this is the five-year consolidated plan that guides their annual action plan which can be amended to reflect updated directions from the Strategic Planning Session. Mr. Vijuk questioned what the “other public services” were regarding board packet page 211 outlining the Senior Services Grant Commission. On the same page of the packet, Mr. Vijuk also had concerns on how they would spend more money on people going to the dentist and would it be enough money per person. Mr. Austin will follow up after the meeting regarding both questions.

Mr. Kearns is not opposed to the resolution but questioned what the Valley Hi available reserve funds were. Glenda Miller, County Treasurer, explained the Valley Hi enterprise account currently has a balance of $14,083,442.23. Ms. Miller provided the board with a breakdown of the Valley Hi fund balances and rebate checks issued. Mr. Kearns would like a State’s Attorney’s opinion to explore the possibility of returning the unclaimed funds to Valley Hi instead of the State. He added if at any point in the future a claimant came forward for their unclaimed funds the County could issue a check to them at that time. Mr. Kearns also questioned if the addition of the therapy room at Valley Hi was in the existing building or if they would be expanding outside the current walls of Valley Hi. Thomas Annarella, Valley Hi Administrator, clarified the proposed therapy room addition would expand into the courtyard outside the current existing therapy room doubling the size of the space. Mr. Kearns questioned if the therapy room addition was included in the plan in the sustainable facility report provided by the MPA group two years ago? Mr. Annarella explained the expansion and dementia care was a separate item on the report; to create 20 private rooms on the designated Medicare hallway, expand into more specialized programming, and expand the space in which they provide the services. Mr. Kearns would like for the board to bring forth a resolution for the Valley Hi memory care unit. Mr. Schwartz had concerns regarding the patient count of Valley Hi going forward with a resolution for the dementia care unit. Ms. Yensen stated there are very few facilities that will accept Medicaid for a dementia unit making this an increased need for high-quality dementia care. Ms. Yensen agreed they need to have a high-level discussion on the demographic shift occurring in the County how they can afford such services based on the levy.

7. ADMINISTRATOR'S REPORT

Full comments can be heard on the McHenry County website audio starting at 2:22:18

Mr. Austin provided the board with the Administrator Report including:

• Board members were emailed and provided hard copies of the June 2021, County Administrator’s Report.

• A water forum will be held on the June 16th.

• The Visit McHenry County 16th Anniversary gathering will take place at Scorched Earth Brewery at 5pm on June 16th.

• The McEDC will be celebrating their 30th Anniversary with a BBQ on August 10th from 3:30-6:00 p.m.

8. OTHER

Full comments can be heard on the McHenry County website audio starting at 2:23:16

Mr. Vijuk informed the board since their last formal vote on the detention center the Illinois legislature passed the Illinois Way Forward Act which is waiting to either be signed or vetoed by the Governor. Mr. Collins questioned with the change in the redistricting dates was there any thoughts to the 9 district/2 members per district being reviewed. Chairman Buehler stated the board had already voted on that decision.

Ms. Wegener questioned who was setting the guidelines for the use of funds received for the American Rescue Plan and will it come to the board for a vote. Mr. Austin responded the Federal Government would be setting the guidelines. They have received several requests and they will try to be thoughtful and provide the board with all the opportunities and ideas. Staff will be meeting with four separate financial firms who were involved with other Counties distributing their CARES fund at the end of the month.

Ms. Wegener reminded everyone of the Pride Parade would be taking place at 11:00 a.m. on Sunday at the Woodstock Square.

Ms. Yensen mentioned her constituents have been very concerned about getting fiber optics into areas that do not have access to services and questioned if that would fit into the guidelines of the funds received for the American Rescue Plan.

9. EXECUTIVE SESSION (IF NECESSARY)

None.

10. MOTION TO ADJOURN

Mr. Skala made a motion, seconded by Mr. Vijuk, at 11:30 a.m. Chairman Buehler declared the motion passed on a unanimous voice vote.

https://mchenrycountyil.iqm2.com/Citizens/FileOpen.aspx?Type=12&ID=4839&Inline=True

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