McHenry Times

McHenry County Law & Government/Liquor Board met May 27

Here are the minutes provided by the board:

Members Present: Pamela Althoff, Mike Shorten, Patrick Sullivan, Gloria Van Hof

Members Absent: Carolyn Campbell, Matt Kunkle, Brian Sager

Portions of these minutes may include content based on transcripts created by Generative AI technology (Otter.ai). Full comments on all agenda items are included in the video recording of this meeting.

1. CALL TO ORDER

Meeting called to order at: 8:30 a.m.

Also present: Peter Austin, County Administrator; Alicia Schueller, Director of Public Affairs, Kathy Keefe, Circuit Clerk; Dan Wallis, Trial Court Administrator; Suzanne Ziebart, Director of HR; Alex Wall, County Administration Intern; Chief Judge Feetterer, Kathie Bough, Administrative Manager.

2. MINUTES APPROVAL

2.1 Law & Government/Liquor - Public Meeting - Apr 29, 2025 8:30 A.M.

Mover: Sullivan

Seconder: Shorten

To approve the minutes of the April 29, 2025 meeting.

Aye (4): Althoff, Shorten, Sullivan, and Van Hof

Absent (3): Campbell, Kunkle, and Sager

Recommended (4 to 0)

3. PUBLIC COMMENT

None.

4. MEMBERS' COMMENTS

Chair Pamela Althoff stated that she hoped everyone had a lovely weekend and celebrated their Memorial Day holidays locally. She mentioned that McHenry had a particularly nice celebration.

5. NEW BUSINESS

5.1 8:30 - Rachel Jesky - Crystal Lake Rural Fire Protection District

5.2 Deliberation and Selection for the Crystal Lake Rural Fire Protection District

Mover: Shorten

Seconder: Sullivan

To approve the recommendation of Rachel Jesky to the County Board Chairman for the Crystal Lake Rural Fire Protection District with a term to expire on April 30, 2028.

Aye (4): Althoff, Shorten, Sullivan, and Van Hof

Absent (3): Campbell, Kunkle, and Sager

Recommended (4 to 0)

6. LEGISLATIVE UPDATE

Alicia Schueller, Director of Public Affairs, and Chief Judge Feetterer, joined the committee to discuss the report.

DEADLINES AND PROCEDURAL ITEMS

The General Assembly is scheduled to adjourn by May 31.

ILLINOIS LEGISLATIVE ITEMS

Transit

SB 5/ HB 1883 Metropolitan Mobility Auth Act (Villivalam)(Delgado) “The MMA Bill”

SB 1938/ HB 2963 Metro & Regional Transit Auth (Villivalam) (Evans, Jr.) “The Labor Bill”

Negotiations continue on the governance and financing of regional transit. The Collar County Board Chairs continue to reiterate their counties’ collective position on regional transit governance, namely, that they wish to maintain balance in regional representation along with a supermajority requirement for decisions. They also reaffirm the desire that service board debt remain with the respective service boards.

Police Social Work Program

On May 21, Sheriff Tadelman testified before the Senate Appropriations Committee on SB 1851, a companion bill to Rep. Ness’ HB 1329, which would include McHenry County in the State’s Co-responder Pilot Program. Senator DeWitte, who sits on the Appropriations Committee, secured the opportunity for Sheriff Tadelman to express his support for the legislation and the funding it could provide to the McHenry County Police Social Work Program.

State Public Defender Bill

HB 3363 creates the State Public Defender’s Office under the supervision of the State Public Defender Commission. The commission, appointed by the governor, the Illinois General Assembly leaders and public defense stakeholder groups will select the State Public Defender who will assist county public defender’s offices in representing clients, offer access to litigation resources, and provide funding, subject to appropriation. Cook County, the largest unified court system in Illinois, will not be eligible for funding appropriated for the State Public Defender Fund. The bill does reduce local control by removing local judges’ authority to appoint the county public defender. Instead, the county public defender would be nominated by a nominating committee half comprised of local judges and appointees from the statewide public defender. The formal appointment would be made by the State Public Defender Commission. Another potential loss of local control is through the State Public Defender Commission’s power to set standards and requirements for local public defender offices. The county public defender must also make 95% not 90% of the salary of the county state’s attorney, and the county will be eligible for the same amount of state reimbursement for the county public defender as the county state’s attorney.

The bill’s chief sponsor submitted Amendment 1, which will make it so counties will be reimbursed for assistant county public defenders equally as they would be for assistant state’s attorney’s instead of proportionately. The amendment also changes some of the timing requirements for gathering data from public defender offices and state’s attorney’s offices. The balance of the amendment pertains to the Cook County Board President’s authority to appoint the County Public Defender with the advice and consent of the County Board. The Board President may also remove said County Public Defender for good cause or dereliction of duty after notice and a hearing before the board. Amendment 1 is in the Senate Executive Committee alongside the original bill with a committee deadline of May 23.

Energy Legislation

ISACo shared information with its Energy and Environment Committee members on the upcoming Omnibus Energy Bill which has yet to be filed. The bill spans hundreds of pages but would remove local authority to prohibit solar panels on rooftops and would preclude the use of zoning to limit solar applications. Chair Althoff suggested that ISACo request the state replace county board voting requirements with hearings in cases where the state has removed local zoning control.

The bill also amends the assessment process in relation to solar installments; however, the County Assessment Officers Association is not opposed to these changes.

Townships

The Governor championed township elimination as part of his annual budget address this year. SB 2217 and SB 2504, which propose township consolidation and/or elimination, have not passed committee, however, SB 2504, now sponsored by Senate President Don Harmon, has been assigned to the Executive Committee with a third reading deadline of May 23.

FEDERAL LEGISLATIVE ITEMS

The House passed H.R. 1, the One Big Beautiful Bill Act in the early hours of May 22, 2025. The Senate will now review the bill as part of the reconciliation process. Staff continues to monitor the legislation’s progress through Congress.

Staff is also tracking H.R. 1870, the Speed for BEAD Act, legislation which would change requirements to distribute funding for broadband internet improvements. McHenry County and its residents have already completed the requirements set forth by the State of Illinois. Any alterations at the federal level could extend the process of getting fiber internet to McHenry County residents and businesses.

Judge Feetterer provided a detailed perspective on proposed legislation that would significantly impact how Public Defenders are appointed across Illinois. He explained that if the bill passes in its current form, counties would lose local control over the appointment process, as the authority to appoint a Public Defender would shift from the Chief Judge to the State Public Defender Commission. Under the new structure, the Chief Judge would be limited to making a nomination, while the final appointment would be made by the Commission, which is composed of members appointed by the Governor, the Supreme Court, and legislative leaders, including the Senate Majority and Minority Leaders. Judge Feetterer expressed concern over the uncertainty of how much influence a local Chief Judge’s recommendation would carry, emphasizing that the final decision would rest with officials in Springfield rather than within the local judicial circuit. He noted that Chief Judges throughout the state have been discussing this legislation and believe it is likely to pass. Judge Feetterer acknowledged the broader intent of the bill, explaining that it stems from a constitutional view that Public Defenders should operate entirely independently from the judiciary. He said the legislation is, in part, a response to the struggles smaller counties face in funding and staffing their Public Defender offices. These areas are advocating for the state to assume responsibility for providing these legal services. While he understands the need for reform in under-resourced regions, he pointed out that McHenry County is being “caught in the net,” despite already having a well-funded and well-staffed Public Defender’s Office. In closing, he reiterated that while the legislation aims to address significant inequities in other parts of the state, it would have broad implications, including for counties like McHenry that are already meeting or exceeding expectations.

7. ROUTINE CONSENT AGENDA

Mover: Shorten

Seconder: Van Hof

To approve the items of the routine consent agenda.

Aye (4): Althoff, Shorten, Sullivan, and Van Hof

Absent (3): Campbell, Kunkle, and Sager

Recommended (4 to 0)

7.1 Circuit Clerk Resolution Authorizing an Emergency Appropriation from Circuit Clerk Electronic Citation Fund for Purchase of eCitation Printers & Paper (41)

Mover: Shorten

Seconder: Van Hof

The Circuit Clerk is requesting authorization to use existing fund balance in the Circuit Court Clerk Electronic Citation Fund, which is funded with court fees designated by statute (705 ILCS 135/10-5(d)(9)) to be used for “establishing and maintaining electronic citations,” to purchase 175 Zebra ZQ521 mobile squad car printers, along with the necessary accessories for installation, communication and printing, for McHenry County arresting agencies that require upgraded eCitation printers.

Recommended

7.2 Resolution Authorizing an Emergency Appropriation to use Available Fund Balance in the Circuit Clerk’s Document Storage Fund for Tyler Technologies Intellidact AI E-Filing Automation Annual Software Subscription FY 2024-2025 (41)

Mover: Shorten

Seconder: Van Hof

The attached Resolution is for the use of existing Court Document Storage fund balance for the first year of an annual software subscription with Tyler Technologies for Intellidact AI (Artificial Intelligence) Process Automation software of $321,241.00.

Recommended

7.3 Approval of a Contract with IronWall by Incogni to Provide Proprietary Judicial Security and Privacy Protection Services for the 22nd Judicial Circuit and Authorization for an Expenditure in Excess of $30,000 (42)

Mover: Shorten

Seconder: Van Hof

Approval of a Resolution authorizing a five-year contract with IronWall by Incogni to provide proprietary digital privacy and personal security services to judicial officers and essential court personnel within the 22nd Judicial Circuit of McHenry County.

Recommended

8. PRESENTATION

None.

9. OLD BUSINESS

None.

10. REPORTS

10.1 Liquor License Renewal Update

Kathie Bough, Administrative Manager, joined the committee for the report.

Ms. Bough provided an update on the 2025 liquor license renewal process. She reported that all renewals for the year were completed, with 44 county licenses eligible for renewal. Of those, 43 renewed, and the only non-renewal was the Pistakee Country Club, which was expected due to the new fee schedule. Ms. Bough noted that under the new tiered fee structure, 28 licenses were renewed at the regular rate, nine at the second tier, and six at the highest tier, which included additional fees.

She addressed a question regarding whether there had been any software or payment issues, stating that the implementation of SmartGov was a key part of this year’s renewal process. Since the County had just gone live with SmartGov, the 2025 renewals were completed using the old method via the County’s website. Once the renewal applications were submitted and verified, Ms. Bough created SmartGov accounts for each licensee. She explained that she manually entered the renewal information into the system so that next year, each licensee would receive a private access code to log in and complete their renewal seamlessly online. Although the system was not used for renewals this year, it had been used for one-day licenses and raffle licenses.

Ms. Bough confirmed that SmartGov is the same software used by the Planning and Development Department, allowing for cross-departmental collaboration and greater efficiency. She thanked Pete for his support in advancing the software’s use and emphasized that since she took over, the renewal process had significantly evolved—from mailing out packets and requiring paper copies to accepting online applications and submittals. The final stage, now implemented, was enabling online payment by check or credit card, while still allowing in-office check payments. She clarified that the office never accepts cash and does not anticipate doing so in the future.

She highlighted the collaborative nature of the new process, stating that SmartGov helped identify discrepancies and improve interdepartmental coordination. For instance, in the case of one-day licenses, there are two types: one for businesses already licensed in Illinois (regardless of jurisdiction) wishing to sell liquor at offsite events, and another for nonprofit or charitable organizations. Additionally, the County offers a 31-day agricultural license.

Previously, temporary use permits from Planning were communicated through emails and informal coordination. With SmartGov, Planning is now integrated directly into the license application workflow, which ensures all necessary documentation, including temporary use permits, is attached in one place.

This change uncovered a gap—certain licenses, such as those for events at the fairgrounds, do not require temporary use permits, which means the Emergency Management Agency (EMA) had not always been notified. To address this, any event expecting more than 500 attendees—regardless of whether a temporary use permit is required—is now directed to EMA to ensure appropriate awareness and review.

Ms. Bough acknowledged that the software revealed these oversights and praised its usefulness. She noted that liquor licenses are not rights but privileges, and the County takes them seriously. She appreciated the ongoing communication she had with both Pete and Chair Althoff and noted that County Board Member Carolyn von Bergen—who operates a business and holds multiple licenses—had been instrumental in identifying areas for improvement from an end-user perspective. Von Bergen had also been working with EMA to refine procedures and enhance coordination.

Regarding agricultural licenses, Ms. Bough explained that while they are 31-day licenses, some applicants—like von Bergen—host repeated events with the same structure and setup (e.g., sunflower and tulip festivals). In such cases, the County reviews all events collectively and issues a six-month license, capping the number of permitted events. She noted that this review process may take EMA longer to complete compared to a standard one-day license.

She emphasized that her office is the final stop in the licensing process, consolidating approvals from multiple departments. For example, the Sheriff's Department may submit a contract for off-duty deputies or simply provide a confirmation email that an event looks satisfactory. Whatever documentation is provided is included in the application file.

Chair Althoff underscored the importance of EMA’s involvement, especially for events with temporary structures like stages or tents, which require emergency planning for scenarios such as tornados. She praised the thoroughness of County departments and the improved collaboration under Ms. Bough’s leadership, noting that liquor licensing was previously a siloed process but had now evolved into a coordinated effort.

Ms. Bough concluded with a note about a growing trend in mobile bartending, particularly at weddings.

She described how mobile bartending services typically work: a couple purchases their own alcohol (e.g., from Costco) and hires a Basset-certified bartender who provides mixers, cups, and garnishes. The bartender sets up at the venue, is paid by the couple, and receives tips from guests, with any leftover alcohol returned to the couple. Ms. Bough stated that this model had raised questions about whether McHenry County has a liquor license to cover such services. She and Chair Althoff consulted with State’s Attorney Brui and the Illinois Liquor Commission, whose liaison confirmed that the State does not currently have a license category that supports this form of mobile bartending.

11. EXECUTIVE SESSION (AS NECESSARY)

None.

12. ADJOURNMENT

Mover: Van Hof

Seconder: Sullivan

To adjourn the meeting at 9:04 a.m. -TCCazares

Aye (4): Althoff, Shorten, Sullivan, and Van Hof

Absent (3): Campbell, Kunkle, and Sager

Recommended (4 to 0)

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