McHenry County Law & Government/Liquor Committee met June 29
Here are the minutes provided by the committee:
1. CALL TO ORDER
Meeting called to order at: 8:30 AM by Jeffrey T Thorsen.
PRESENT: Thorsen, Nowak, Althoff, Jung Jr., Von Bergen, Wegener, Wilbeck
ABSENT: Phillips
Also present: Peter Austin, County Administrator; Kevin Bueso, Chief Financial Officer; Alicia Schueller, Communications and Project Manager; Tiki Carlson, Director of ETSB; Dan Wallis, Trial Court Administrator; David Christensen, Director of EMA; Jana Blake, Principal Assistant State's Attorney; Sandra Salgado, Sheriff's Office Business Manager; Lisa Ryan, State's Attorney's Office Business Manager; Kerri Wisz, Assistant Director of Financing-Budgeting; Rita Gara, Principal Assistant State's Attorney; Michael Rein, County Coroner; Mark Cook, Public Defender
2. MINUTES APPROVAL
1. Law & Government/Liquor - Public Meeting - May 25, 2021 8:30 AM
| RESULT: ACCEPTED [UNANIMOUS]
MOVER: John Jung Jr. SECONDER: Pamela Althoff AYES: Thorsen, Nowak, Althoff, Jung Jr., Von Bergen, Wegener ABSENT: Phillips, Wilbeck |
None
4. MEMBERS' COMMENTS
None
5. PRESENTATION
None
6. NEW BUSINESS
A. New Liquor License, Manager and/or Amusement License Requests None
B. Appointments
1. ETSB - Chief Nathan Hayes
A motion was made by Mr. Jung, seconded by Ms. Von Bergen, to recommend the appointment of Chief Nathan Hayes as a member of the Emergency Telephone System Board with a term to expire on November 30, 2022. The motion passed on a roll call vote of all members present voting aye.
| RESULT: RECOMMENDED |
A motion was made by Ms. Wegener, seconded by Mr. Jung, to recommend the appointment of Deputy Chief Ray Lanz as a member of the Emergency Telephone System Board with a term to expire on November 30, 2022. The motion passed on a roll call vote of all members present voting aye.
| RESULT: RECOMMENDED |
Committee members introduced themselves and interviewed Brian Wolek for consideration for appointment to the Crystal Lake Rural Fire Protection District. It was noted that Mr. Wolek meets the requirements as a member of the Crystal Lake Rural Fire Protection District.
4. Deliberation and Selection of up to One Candidate for Recommendation to the County Board Chairman for the Crystal Lake Rural Fire Protection District on the Board of Trustees; One Trustee Position for the remaining term of May 2022.
A motion was made by Mr. Jung, seconded by Mr. Wilbeck, to recommend the appointment of Brian Wolek as a member of the Crystal Lake Rural Fire Protection District with a term ending April 30, 2022. The motion passed on a roll call vote of all members present voting aye.
C. Resolutions
1. Resolution Authorizing the Payment of Annual Maintenance and Support for the aiSmartBench Software from the Circuit Clerk of the Courts Document Storage Fund 371-41- 4100-432100
Dan Wallis, Trial Court Administrator, joined the committee members to discuss the resolution. Mr. Wallis introduced two new staff members from his office to the committee members; Morgan Burlian, Court Finance Coordinator; and Jill Gieseke, Deputy Court Administrator. Regarding the resolution, Mr. Wallis explained this was an annual resolution brought forward for the maintenance and renewal of the Aismartbench software used by Judges on the bench to access documents and assist with creating electronic orders. The support and maintenance are proprietary. Mr. Wallis stated the system works well, however; they do an initiative they are working on to create the documents that are on the OnBase software so that they do not have two databases. Mr. Wallis further explained they connect electronically and seamlessly with the Circuit Clerk software iJustice, and the APS software used by the officers to generate electronic tickets.
| RESULT: RECOMMENDED [UNANIMOUS]
MOVER: Kelli Wegener SECONDER: Pamela Althoff AYES: Thorsen, Nowak, Althoff, Jung Jr., Von Bergen, Wegener, Wilbeck ABSENT: Phillips |
Dan Wallis, Trial Court Administrator, joined the committee members to discuss the resolution. Mr. Wallis stated this was an annual resolution brought forward. Mr. Wallis further explained the Family Violence Coordinating Council was one of those services that flys under the radar but do very important work. It is coordinated by the Huntley Police Department Sergeant and the program touches every police department and treatment program for a unified response to family violence. One of the big things on the radar last year was human trafficking in which they had a day-long session in Huntley.
Ms. Wegener questioned if the program had quantitative results in the reduction of violence and recidivism. Mr. Wallis stated when it came to the Family Violence Coordinating Council it is more about response and best practices and there are no metrics other than the presentations that are put forward for education. For recidivism rates in the specialty courts, they do have metrics. One of the things they are working on soon as part of the National Drug Court Institute is looking at metrics in Court Services and probation as a whole to gauge how they interact with clients using Evidence-Based Practices and Community Supervision (EBPCS). They will also be looking into comparing that group with Specialty Courts with a historical look at what they did before the institution of EBPCS. Mr. Wallis stated the last he knew the drug court recidivism rate was 18% and the prison rate was around 48% for three years, and 78% for nine years. Ms. Althoff requested the information be shared with the committee members in the future for them to share on their social media platforms.
| RESULT: RECOMMENDED [UNANIMOUS]
MOVER: John Jung Jr. SECONDER: Kelli Wegener AYES: Thorsen, Nowak, Althoff, Jung Jr., Von Bergen, Wegener, Wilbeck ABSENT: Phillips |
1. 45 - State's Attorney's Office Budget Review
Lisa Ryan, State’s Attorney’s Office Business Manager, along with Rita Gara, Principal Assistant State’s Attorney, joined the committee members for a presentation of the FY21-22 State’s Attorney’s Office budget (contained in the meeting packet). Various department funds were reviewed, along with FY21-22 performance indicators.
Committee members recommended the FY21-22 budget for the State’s Attorney’s Office be moved forward through the budget process.
| RESULT: PRESENTED |
David Christensen, Director of Emergency Management Agency, joined the committee members for a presentation of the FY21-22 Emergency Management Agency’s budget (contained in the meeting packet). Various department funds were reviewed, along with FY21-22 performance indicators.
Committee members recommended the FY21-22 budget for the Emergency Management Agency be moved forward through the budget process.
| RESULT: PRESENTED |
Mark Cook, Public Defender, joined the committee members for a presentation of the FY21-22 Public Defender's Office budget (contained in the meeting packet). Various department funds were reviewed, along with FY21-22 performance indicators.
Committee members recommended the FY21-22 budget for the Public Defender’s Office be moved forward through the budget process.
| RESULT: PRESENTED |
1. Liquor License Ordinance Update
Peter Austin, County Administrator, along with Jana Blake, Principal Assistant State’s Attorney, joined the committee for a discussion on the McHenry County Liquor License Ordinance. Mr. Austin explained they were not asking for any specific decisions today but more direction moving into the next calendar year in regards to how the County can modernize its liquor licenses. Ms. Blake reminded the committee it is not the job of the State’s Attorney’s Office to make policy, but rather point out some areas where the ordinance can be modernized to make it more inlined with the developments of the Unified Development Ordinance (UDO) the County has made for businesses and activities in the unincorporated areas. Also to make it more business-friendly and more congruent with Ordinances in the surrounding municipalities. Ms. Blake stated in the ten years she has been working with the liquor commission they frequently get calls for different things that different businesses want to do, and some of the uses people are accustom to seeing in municipalities or other Counties; we can’t license in McHenry county.
Topics discussed included:
• Winery/Brewery License
o The County currently has a winemaker's license that allows for the production, service, and tasting of wine onsite. For this license, 80% of the grapes must be grown in McHenry County. Since this license has been put into place the County has not had anyone apply for it. It was the consensus of the committee to remove the 80% McHenry County grown grapes requirement.
o The County currently does not have the ability to license micro-breweries seen in municipal areas.
• The liquor license was developed at a time when agritourism was not as developed or well-defined in McHenry County. The UDO has put standards in place for agritourism, and venues have come to the County with different ideas they would like to do such as hard-cider at apple orchards.
• Ms. Blake asked for direction from the Committee on what the board would like to allow in the County. An expansion of the types of licenses the County offers allows people to apply for a more variety of licenses based on their needs. The committee was in favor of the State’s Attorney’s Office looking into the expansion of the County’s licenses offered.
• There are a lot of questions about banquet facilities.
o What if brides and grooms want to bring in their own liquor.
o Does the caterer need a liquor license to serve the alcohol brought in?
o The ordinance doesn’t support the “barn” wedding. It supports a more traditional wedding facility where the venue is also the caterer and the liquor provider.
• Because of COVID they have seen a broad expansion of the desire for outdoor seating. The service and sale of liquor are restricted to the “premises” which is further defined as the physical structure of the building. There are also specific requirements for the addition of a patio license and there are specific requirements on how the deck needs to be attached to the building. Businesses have seen a lot of success through the UDO and State licensing where they are in a yard or parking lot and not attached to the physical structure. Previously the only instance where you could be off the premises but still within the service rounds was in the instance of a golf course with a beverage cart. o The committee will need to look at what changes the state is making in terms of going forward from COVID and what the County wants to do going forward from COVID with outdoor seating while staying in congruence with the UDO.
• Ms. Blake is proposing the State’s Attorney’s Office look at various Ordinances from surrounding Counties and bring forward to the committee some possible new licenses and changes to definitions so the committee has a basis to work off of. The committee was in favor of this.
• Two other main areas Ms. Blake asked for direction on were.
o Bring your own booze (BYOB). Kane County has a corkage license allowing BYOB at restaurants or banquet facilities. This license allows them to do BYOB, but there are conditions the establishments must follow such as; the servers can not pop open the cork and only one bottle of wine per patron. The committee was in favor of this type of license. The committee was in favor of pursuing BYOB licenses.
o Mchenry County Conservation District (MCCD)/McHenry County Fairgrounds
▪ In the past 5-6 years the MCCD has had some ideas to enhance visiting the conservation like a late-night candlelight night with beer tasting. A full “A” license is $1,500 annually (plus $1,000 application fee). Currently, the County has been placing the events into a one-day non-for-profit license counting the ‘path” as the structure which presents a difficult situation. The MCCD is a government entity with its own set of ordinances, rules, and police force. Ms. Blake asked the committee if they would be interested in having a special annual license solely for the MCCD. This license would cover all areas of the conservation district with the expectation they would have the appropriate insurance and that it's policed by the MCCD conservation police force. The McHenry County Fairgrounds would be grouped into a similar type of license. The committee was in favor of this type of license and felt it fit into the agritourism they are trying to encourage in McHenry County.
• Ms. Blake reminded the committee a number of the agritourism businesses have a very compact season typically in the fall. With short seasons and tight margins, they have a difficult time expending the funds that would allow them to obtain the retail level license. Ms. Blake suggested these types of licenses have a shortened time period with a reduced cost while still ensuring that protections are in place with insurance and keeping them family-friendly so they can expand their business possibilities.
• Ms. Blake reiterated if there is something she brings forward that the committee is not in agreement with that she is not advocating for a specific policy but merely trying to help them do their work. Mr. Austin suggested incrementally looking at a few changes this fall with one vote on a new Ordinance in November 2021.
2. Sheriff's Office Grant Update
Sandra Salgado, Sheriff’s Office Business Manager, joined the committee members for the discussion. Ms. Salgado explained there are a lot of grants currently available with very short timelines which do not allow them the time to come before the committee and ask permission to apply for them. Ms. Salgado has already needed to submit two of the grants to meet their July deadlines in case the County decided to move forward on either of them. Ms. Salgado explained the grants were for Mental Health, Law Enforcement, and body-worn cameras. The Federal government has also changed the way grants are done now requiring them to go through two different agencies; approval from one and review from the other. Mr. Austin reminded the committee the normal procedure would be for departments to ask for permission before applying and then asking for acceptance to receive the grant.
1. Grant No. 1
a. Illinois Criminal Justice Information Providing the authority for law and enforcement and first responder programs for substance abuse. It is a minimum of $75,000 and a maximum of $150,000 to be used for training programs. The money is to be used to hire personnel to do the training, however, Ms. Salgado stated they are still looking into this one because they already have plenty of trainers and resources in the community that can come in and conduct the training for them. She is hoping they can use those dollars for the programs and not the hiring of an individual. There is no County required match for this grant.
2. Grant No. 2
a. 708/Mental Health Board. They presently have one caseworker and are looking to expand their case management mental health program in the Sheriff’s Office. They currently have an intern and are going to ask the Mental Health Board if they can purchase a position with the grant money to bring the intern on board as an employee. They would need to reapply for the grant year after year.
3. Grant No. 3
a. Behavioral Health Grant. This grant can be up to $350,000 and is to put in practice crisis response for law enforcement officers who interact with people who have a mental health issue. It allows coordination with other mental health agencies in the area and improves communication and public relations in the community. There is a 20% match for years one and two and 40% for the third year.
4. Grant No. 4
a. Body-worn Camera. Four different areas can be applied under, and they are looking at the broadscale program. This will award the Sheriff’s Office with a maximum of $160,000 which should be enough to purchase cameras for the sworn officers. There is a 50% match for the County which they will need and will come in the form of a supplemental request in their budget. They are anticipating two FOIA-based positions to come forth in the budget as well. This is a one-time grant to be used for the purchase of body-worn cameras and therefore cannot be used to lease them.
It was the consensus of the committee members for Ms. Salgado to proceed in the application process of all the above-mentioned grants.
F. Legislative
1. Legislative Update
Alicia Schueller, Communications and Project Manager, joined the committee for the legislative update. Ms. Schueller updates included:
• The General Assembly is not currently in session resulting in their update focusing on what Governor Pritzker has and has not signed.
• SB 104 - Hospitality Pandemic Recovery. This bill has been signed into law and starts a program allowing alcohol providers to give a single drink to vaccinated individuals. In addition, the bill allows the carryout and delivery of mixed drinks until January 3, 2024.
• SB825 - Branch Polling Place. This bill has been signed into law and pushes back the date of the election and makes election day a holiday. Ms. Schueller stated ISACo
(Illinois State Association of Counties) has an informative summary on the bill she can share with the committee via email if requested.
• HB3443 - Amends the Code of Criminal Procedure of 1963. This bill has been signed into law and is a trailer bill to HB3653, the safety act. This clarifies some of the concerns that law enforcement had for the criminal justice bill. It did not clarify the funding portion for body-worn cameras.
• Ms. Schueller stated they all should have received a form requesting their input for the 2022 legislative program. The same form was also sent to department heads and elected officials.
| RESULT: PRESENTED |
Michael Rein, County Coroner, joined the committee members to provide them with updates in the Coroner's Office.
• Accreditation process started in May.
• New statistical data has been created for County Board reports.
• The Coroner’s Office is working to obtain a $100,000 grant through the Department of Justice. Some of the items included in the grant are training, keyless entry for the morgue, and a new software program. There is no County match for the grant.
• $5,000 of their budget has been spent for WOLD Architects to do a conceptual drawing to remodel the morgue. Mr. Rein would like to present the proposal in August.
7. OLD BUSINESS
None
8. REPORTS
None
9. EXECUTIVE SESSION (AS NECESSARY)
None
10. ADJOURNMENT
Mr. Wilbeck made a motion, seconded by Mr. Nowak, to adjourn the meeting at 11:05 a.m. The motion passed on a voice vote of all members present voting aye.
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