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HomeMy WebLinkAboutPacket - 08/05/2019 - City CouncilAGENDA REGULAR CITY COUNCIL MEETING City Council Chambers, 333 S Green Street Monday, August 5, 2019 1. Call to Order. 2. Roll Call. 3. Pledge of Allegiance. 4. Public Comments: Any member of the public wishing to address the Council is invited to do so by signing in at the meeting entrance and, when recognized, stepping to the podium. Opportunities for Public Comment are also provided under each Individual Action Item. 5. Consent Agenda: Motion to Approve the Following Consent Agenda Items: A. Repeal of existing ordinance and passage of replacement ordinance for a Property Tax Abatement Agreement between City of McHenry and Brake Parts Inc.; B. Zoning Map Amendment for the property located at the southeast corner of Northside Avenue and Illinois Route 120 from C-5 Highway to 1-1 Industrial; C. Authorize Snowplowing Contract for Feger's Subdivision for 2019/2020; D. Authorize the acceptance of quote from Burris Equipment Company in the amount of $12,908.07 and a 10% contingency amount of $1,291.93; E. Authorize the rejection of all bids for the Snow Removal and Cul-De-Sacs and Eyebrows Contract; F. Authorize the rejection of all bids for the Well 8 Raw Water Line Rehabilitation Project G. Parks & Recreation Facilities Alcohol and Special Use Permit Requests; H. Block Party Request; I. July 15, 2019, City Council Meeting Minutes; J. July 18, 2019, Special City Council Meeting Minutes; K. Issuance of Checks in the amount of $348,905.94. 6. Individual Action Item Agenda. A. Ethics Issues: 1. Motion to appoint Brandy Quance as the City's Ethics Advisor; 2. Motion to appoint Dr. Michael Roberts, Richard Huber and John Jones as the City's Ethics Commissioners; or 3. Motion to direct City staff to prepare a resolution and intergovernmental agreement with McHenry County to adopt the McHenry County Ethics Ordinance, once adopted by the County. B. Motion to approve or deny a Class F (Full Service Personal Care Establishment) Liquor License to Valerie's Salon located at 3407 W. Elm Street, McHenry. The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality ofprograms and services in a customer -oriented, efficient, and fiscally responsible manner. Mc, C. Motion to approve or deny a Class A Liquor License to Fast Eddie's Full Service Car Wash at 2150 N Richmond Road, McHenry; and, if approved, the adoption of an ordinance increasing the number of Class A Liquor Licenses from 40 to 41. D. Motion to approve or deny a Video Gaming License to Fast Eddie's Full Service Car Wash at 2150 N. Richmond Road, McHenry, contingent on the action taken on Agenda Item C. 7. Discussion Items. 8. Executive Session, if needed. 9. Staff Reports. 10. Mayor's Report. 11. City Council Comments. 12. Adjourn. The complete City Council packet is available for review online via the City website at www.ci.mchenry.il.us. For further information, please contact the Office of the City Administrator at 815-363-2108. The proceedings of the City Council meeting are being video -recorded and every attempt is made to ensure that they are posted on the City of McHenry, IL "YouTube" channel within twenty-four (24) hours ofthe meeting adjournment. NOTICE: In compliance with the Americans with Disabilities Act (ADA), this and all other City Council meetings are located in facilities that are physically accessible to those who have disabilities. If additional accommodations are needed, please call the Office of the City Administrator at 815-363-2108 at least 72 hours prior to any meeting so that accommodations can be made. McHenr Awmlz Monte Johnson, Deputy Clerk 333 S Green St McHenry, Illinois 60050 Phone: (815) 363-2108 Fax: (815) 363-2128 www.cityofmchenry.org CONSENT AGENDA SUPPLEMENT DATE: August 5, 2019 TO: Mayor and City Council FROM: Monte Johnson, Deputy City Clerk RE: Repeal former Ordinance and pass correct Ordinance ATT: Proposed Ordinance AGENDA ITEM SUMMARY: The purpose of this consent agenda item is to repeal a previous ordinance and pass an updated tax abatement ordinance/agreement with Brake Parts, Inc. BACKGROUND/ANALYSIS: The Council passed an ordinance on March 18, 2019, that authorized a Tax Abatement Agreement between the City of McHenry and BPI. There are a number of technical issues with the ordinance that need cleaned up before being filed with the County. Nothing in the actual agreement is being changed. BPI will still get the same abatement agreement as intended in March. Former ordinance numbers must be repealed (the ordinance was originally mis- numbered), and Exhibits A and B of the agreement need updated. RECOMMENDATION: Therefore, if Council concurs, it is recommended that a motion be made to pass the Ordinance as attached. The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenrti, with the highest quality of programs and services in a customer -oriented, efficient and fiscally responsible manner. ORDINANCE NO. ORD-19-1977 AN ORDINANCE AUTHORIZING THE MAYOR'S EXECUTION OF A PROPERTY TAX ABATEMENT AGREEMENT BETWEEN THE CITY OF MCHENRY AND BPI WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF MCHENRY, McHenry County, Illinois, as follows: SECTION 1: The Property Tax Abatement Agreement, bearing the date of August 5, 2019 between the City of McHenry and BPI is attached to this ordinance and incorporated herein by reference as Exhibit "A". SECTION 2: The Mayor and City Clerk are hereby authorized to affix their signatures as Mayor and City Clerk to said Agreement for the uses and purposes therein set forth. SECTION 3: City of McHenry Ordinances ORD-19-135, ORD-19-139, and ORD-19-159 are hereby repealed. SECTION 4: All Ordinance or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 5: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 6: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. Passed and approved this 5th day of August, 2019. Ayes Nays Absent Abstain Alderwoman Baehne Alderman Devine Alderman Glab Alderman Mihevc Alderwoman Miller Alderman Santi Alderman Schaefer Wayne Jett, Mayor Monte Johnson, Deputy Clerk Exhibit A Property Tax Abatement Agreement between the City of McHenry and BPI PROPERTY TAX ABATEMENT AGREEMENT BETWEEN THE CITY OF MCHENRY AND BPI, BRAKE PARTS INC LLC This Property Tax Abatement Agreement ("Agreement") is made and entered into this 18th day of March, 2019 ("Effective Date"), by and between the City of McHenry, ("City"), an Illinois Municipal Corporation and Brake Parks INC LLC ("BPI"), an Illinois corporation. WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; WHEREAS, the City has the power to abate property taxes pursuant to its home rule powers and 35 ILCS 200/18-165; WHEREAS, the City desires to attract and retain new and diverse business and industrial enterprises within its boundaries in order to increase the equalized assessed valuation by encouraging private sector investment; WHEREAS, the creation of jobs is essential to the economic and social well-being of the people of McHenry County and the surrounding region; WHEREAS, the Subject Property, 1600 Industrial Drive, legally described on Exhibit A attached hereto and incorporated herein, is identified as tax parcels 09-27-428-016, 09-27-406- 001 and 09-27-406-002 consists of 16 acres more or less and contains an approximately 267,000 square foot one -store building constructed in 1975, WHEREAS, the total 2018 Equalized Assessed Evaluation of the Subject Property is $1,904,792; and WHEREAS, BPI has estimated the costs associated with relocating its Research and Development Facility from Kentucky and improving the Subject Property, including the buildout of the facility and the purchase of equipment to be approximately Four Million Dollars. NOW, THEREFORE IT IS AGREED, BY AND BETWEEN THE CITY AND BPI AS FOLLOWS: 1. Incorporation of Recitals. The Parties incorporate each of the above recitals into this Agreement as if set forth in their entirety. 2. Authority. This Agreement is made and entered into pursuant to the City's home rule powers and functions as granted in the Constitution if the State of Illinois. 3. Property Tax Abatement. The City hereby agrees to abate 'the real estate taxes levied against the Subject property each year the City's property taxes exceeding the 2018 amount ("Base Property Tax Amount"), attached hereto and incorporated herein as Exhibit B. The 2018 Base Property Tax amount refers to the existing property tax bills prior to new capital investment and reoccupation of a primarily vacant building on the Subject Property. The City agrees to abate their portion of the real estate taxes levied against the Subject Property for a ten (10) year term commencing with the 2019 tax bill payable in 2020 through the 2028 tax bill payable in 2029 ("Property Tax Abatement Term"). 4. Clawback Provision. BPI agrees to repay all Property Tax Abatements referenced in Section 3 of this Agreement to the City if BPI ceases its business operation in the City, at the Subject Property, during any time during this Agreement. Ceasing business operation shall be defined as the permanent closure of the building on the Subject Property for a period of six (6) or more consecutive months prior to the end of the Property Tax Abatement Term. However, the Property Tax Abatement shall not be required to be repaid if BPI expands their business operation at a location other than the Subject Property but within the City. If BPI ceases its business operation in accordance with the aforementioned provisions in this Section BPI agrees to repay all property taxes which have been previously abated by Ordinance by the City. The repayment shall be cumulative an inclusive of all Abatement Ordinances during the Property Tax Abatement Term. Other than property taxes pursuant to this Agreement, the City shall have no obligation to incur any expense, share any revenue or abate any property tax associated with BPI, their business or the Subject Property. 5. Mutual Assistance. The City and BPI agree to do all things necessary or appropriate to carry out the terms and provisions of this Agreement and to aid and assist each other in carrying out the terms hereof. 6. Term. This Agreement shall be in full force and effect for a Term commencing on the Effective Date of this Agreement and ending on the earlier to occur of: (a) the Permanent Closure of BPI except that, in that event, BPI must still repay the City pursuant to Section 4; (b) the end of the Property Tax Abatement Term; (c) BPI has not obtained a Certificate of Occupancy to conduct its business operations at the Subject Property by December 31, 2019; (d) BPI relocates its business outside of the City except that, in that event, BPI must still repay the City pursuant to Section 4. This Agreement shall remain in full force and effect for enforcement, indemnity and accounting purposes following the expiration of the Term. 7. Assignment. BPI may assign this Agreement and its right to receive the Property Tax Abatement to a third party upon notice to the City. 8. Miscellaneous. This Agreement shall be binding upon and inure to the benefit of the Parties, on BPI's successors and assigns (unless BPI and such successors and assigns agree otherwise in writing), and on successor corporate authorities of the City. Any notices required or contemplated by this Agreement shall be sent by certified mail or via a nationally -recognized private carrier (such as Fed Ex or UPS), as follows: If to BPI: H. David Overbeeke President and CEO 4400 Prime Parkway McHenry, IL 60050 If to the City: City of McHenry 333 S. Green Street McHenry, IL 60050 Attention: City Administrator With a copy to: David W. McArdle Zukowski, Rogers, Flood & McArdle 50 Virginia Street Crystal Lake, Illinois 60014 9. Default. In the event of a claimed default under this Agreement, the non - defaulting party shall provide notice of default to the defaulting party. No legal action may be commenced with respect to a claimed default until thirty (30) days after said notice has passed, during which time the claimed defaulting party may cure the claimed default. This Agreement shall be governed by Illinois law without regard to its rules regarding conflicts of law. 10. Enforcement. Any action to enforce this Agreement shall only be filed in the Twenty -Second Judicial Circuit, McHenry County, Illinois. The party who prevails in any such action shall be entitled to recover its reasonable attorney's fees from the other party. 11. Only Agreement. This Agreement sets forth all the promises, inducements, agreements, conditions and understandings between BPI and the City relative to the Property Tax Abatement and there are no other promises, agreements, conditions or understandings, oral or written, express or implied, between them relative thereto. This Agreement may only be amended by way of a written instrument that is signed by both Parties. City of McHenry Brake Parts Inc. LLC M Mayor Wayne S. Jett Date Attest: Monte Johnson, Deputy City Clerk By H. David Overbeeke Date Its: President and CEO Agreement Exhibit A Legal Description of Subject Property Legal Descriptions: 1600 North Lid s; D_ %q PARCEL l: THAT PART OF THE: EASI IIALJt OF THE SOUTHEAST QUARTER OF SECTION 27. TOWNSHIP45 NORTH. RANGE 8 EAST OF THE THIRD PRINCIPAL MERMLNN. BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHAEST CORNER OF SAID EAST HALF OF THF. SOUTHEAST QUARTER. THENCH NORTH 89 DEGREES 33 NQNUTF,S a 1 SECONDS EAST ALONG THE NORTH LINE THEREOF, 240. Lei FEET; THENCE SOUTH 0 DEGREES 27 MINUTES 10 SECONDS EAST, 292,94 FEET. THENCE SOUTHEASTERLY. 179.09 ALONG A CURVE TO TI IE LEFT, fbkV INN A RADIUS OF 376.15 FEET, THENCE SOUTHEASTERLY. 77.48 FEET ALONG A REVERSE CURVE, HAVING A RADRJ'S OF 247,26 EET TO'IME NORT)i LINT OF A 33.0 FOOT PUBLIC ROAD. COMMONLY KNOWN AS INDUSTRIAL DRIVE; THENCE NORTH 99 DEGREES 10 MhNUiES 54 SECONDS vATST ALONG SAID NORTH LINE, 318.45 FL -ET TO THE WEST LINE OF SAID EAST HALF OF THE. SOUTHEAST QUARTER, TI MINCE NORTI I 0 DEGREES 52 MI1NL?'TES, 43 SECONDS EAST ALONG SAID AMST LIFE. 521.48 FEET :O TI IE PLACE OF BEGINNING, IN MCHENRY COUNTY, ILL.INOIS. PARCEL 2: LOT 26 AND THAT PART OF WT 24, DESCRIBED AS FOLLOWS: CONWIENCING AT TI M POINT OF INTERSECTION OF THE NORTH AND SOUTH QUARTER SECTION LINE OF SECTION 27, TONYNSH[P 45 NORTH. RANGE 9 EAST OF THE THIRD PRINCIPAL MERMI AN, WITH THE CENTER OF THE HIGHWAY KNOWN AS ROUTE NO. 120; THENCE SOLR"HEASTERLY ALONG THE CENTER OF SAID HIGHWAY, A DISTANCE OF 785.0 FEET 1-0 A POINT FOR A PLACE OF BLGINNING; TIiENCE SOUTHEASTERLY BEING; ON A CONTINUATION OF THE CENTER OF SAID HIGHWAY, A DISTANCE OF 34� 97 FFFT; THENCE NQRTI{ BEING ON A LINE FORMING AN ANGLE Of IIA DEGREES AND 40 MINUTES TO THE LEF F. W IM A PROLONGATION OF THE LAST DESCRIBED LINE. FOR A DISTANCE OF I Y)4.9 MEET; THFNCF. NORTH%T.STERLY,13EING ON A LINE FORMING AN ANGLE OF 72. DEGREES AND 45 MINUTU-S Tel THE I.FFF WITH A PROLONGATION OF THE LAST DESCRIBED LINE, A DISTANCE OF 347.42 f+.ET; 'I'HE.NCE SOUTH ON A LIME FORNMG AN ANGLE OF 107 DEGREES AND 15 MIN(;TES TO THE LEFT, W rFH A PROLONGATION OF THE LAST DESCRIBED LINE. FOR A DISTANCE OF L321.95 FEET TO THE PLACE OF BEGINNING. (EXCEPT THAT PART THEREOF DESCRBEU AS FOLLOWS. BEGLVNING AT A POINT ON THE. «'EST LINE OFTIIL EAST 10.00 ACRES OF SAID LOT 24, SAID POINT ALSO BEING IN THE CENTER LINE OF STATE ROUTE 120; THENCE SO UM FF A STEMLY ALONG TIIE CENTER I.INTE OF SAID STATE ROUTE 120. FOR A DISTANCE OF 435.56 FEET TO :% POINT OF CLRVE IN SAID CENTER LINE: TlilrNCE SOUTHEASTERLY ALONG SAID CENTER Lr''E. BEP%Gi ON A CURVE. CONVEX NORTHEASTERLY, FOR A DISTANCE OF 129.-0 FEET. (CHORD I•3EASURIrti1E,\'T) TO A POINT OF INTERSFCT!ON OF SAW CFNTF.'R LINT: AND T'IIE EAST LINE OF SAM LOT 26; TIIT:'NC:E NORTH ON THE: FAST LINE OF SAID LOT 26, FOR A DISTANCE OF 597.6E FEET TO A POINT; l -lE.NCE WESTAT RIGIn' ANGLIiS TO TI IE LAST DESCRIBED LWE, AT THE LAST DESCRIBED POINT, FOR A DIST.,tNCE OF 546.00 FEET TO A I'OLNT ON THE %VEST LLNE OF 'CHE EAST 10.00 ACRES Or, S Ali) LO'l 24. THENCE SOUTH 451.68 FEET TO THE PLACE OF BEGINNING) (ALSO EXCEPT THE NORTH 541.62 FEET OF LOT 26, AS MEASURED ALONG THE EAST AND RT -ST LINES THEREOF). ALL IN TIIL COUNTY CLERK'S PLAT OF A PART OF SAID SECTION 27, TOV*'NSI IIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL 10ERIDIAN, ACCORDING TO TITE PLAT THEREOF RECORDED MAY 6.1902. IN BOCK 2 OF PLATS, PAGE 41. IN WHENI RY COUNTY, ILLINOM Agreement Exhibit B Base Property Tax Amount $12,567.67 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2128 www.ci.mchenry.il.us CONSENT AGENDA TO: Mayor and City Council FOR: August 5, 2019 Regular City Council Meeting FROM: Douglas Martin, Director of Economic Development RE: Consideration of a zoning map amendment for the property located at the southeast corner of Northside Avenue and Illinois Route 120 ATT: 1. Location Map 2. Unapproved Planning and Zoning Commission Minutes dated July 17, 2019 3. Ordinance granting a zoning map amendment from C-5 Highway Commercial to 1-1 Industrial for the property located at the southeast corner of Northside Avenue and Illinois Route 120 4. Application Packet AGENDA ITEM SUMMARY: The applicant currently operates Jessup Manufacturing and has purchased two lots at the southeast corner of Northside Avenue and Illinois Route 120 and wants to rezone those lots from C-5 Highway Commercial to 1-1 Industrial. ANALYSIS: The character of the area near the subject property consists of primarily highway commercial land uses generally to the west and north of the subject property. The property to the east is industrial in nature and the property to the south is residential. The trend of development along Illinois Route 120 (Elm Street) in this area is commercial and industrial land uses. The proposed zoning map amendment is consistent with the development trend. The subject property provides a logical extension to the Jessup Manufacturing Plant and additional greenspace for the development/property. Staff has no concerns with this request. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2128 www.ci.mchenry.il.us CONSISTENCY POLICY Zoning map amendments shall be made in accordance with and consistent with a comprehensive plan. When adopting or rejecting any zoning map amendment, the Planning and Zoning Commission shall recommend and the City Council shall also approve a statement describing whether its action is consistent with an adopted comprehensive plan and any other officially adopted plan or document that is applicable, and explain why it considers the action taken to be reasonable and in the public interest. This zoning map amendment is consistent with the City's Comprehensive Plan and Future Land Use Map. Further it is reasonable and in the public interest. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission unanimously recommended approval of a Zoning Map Amendment from C-5 Highway Commercial District to 1-1 Industrial. RECOMMENDATION: Therefore, if the City Council concurs with the Planning and Zoning Commission it is recommended that the attached Ordinance granting a zoning map amendment from C-5 Highway to 1-1 Industrial be approved. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2128 www.ci.mchenry.il.us Location Map Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2128 www.ci.mchenry.il.us City of McHenry Planning and Zoning Commission Minutes July 17, 2019 Public Hearing: Jessup Manufacturing File No. Z-951 2905 Northside Avenue/a.k.a. 2905 W. Route 120 Zoning Map Amendment from C-5 Highway Commercial District to 1-1 Industrial Chairman Strach called the Public Hearing to order at 7:30 p.m. regarding File No. Z-951 an application for a zoning map amendment from C-5 Highway Commercial District to 1-1 Industrial District for the property located at 2905 Northside Avenue/a.k.a. 2905 W Route 120. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on June 2£, 2019. Notices were mailed to all abutting property owners of record as required by ordinance. The subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk's Office. In attendance was Attorney Tom Zanck representing Jessup Enterprises. Attorney Zanck distributed an ALTA survey depicting the Jessup property and the parcel which is the subject of this hearing. He stated with the continuing improvements Jessup is making it would be difficult to develop this property under C-5 zoning. This lot will be cleaned up by the Petitioners and will be very beneficial for Jessup Manufacturing and to economic development in the City. Director of Economic Development gave the Staff report stating the applicant currently operates Jessup Manufacturing and has purchased two lots at the southeast corner of Northside Avenue and Illinois Route 120 and wants to rezone those lots from C-5 Highway Commercial to 1-1 Industrial. The character of the area near the subject property consists of primarily highway commercial land uses generally to the west and north of the subject property. The property to the east is industrial in nature and the property to the south is residential. The criteria for approval of a zoning map amendment were presented. Director Martin stated the trend of development along Illinois Route 120 (Elm Street) in this area is commercial and industrial land uses. The subject property provides a logical extension to the Jessup Manufacturing Plant and additional greenspace for the development/property. The view from the property will be better with the cleanup of this property and this zoning map amendment is Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2128 www.ci.mchenry.il.us consistent with the City's Comprehensive Plan and Future Land Use Map and is reasonable and in the public interest. Director of Economic Development Martin stated Staff recommends approval of a Zoning Map Amendment from C-5 Highway Commercial District to 1-1 Industrial Park with no conditions placed on the requested zoning map amendment, and Staff finds that the requirements in Table 33 (Zoning Map Amendments) of the Zoning Ordinance have been met. There were no questions by the Commissioners. Chairman Strach opened the floor to questions and comments from the audience. There was nobody in attendance who wished to address the Commission. Chairman Strach closed the public comment portion of the hearing at 8:01 pm. Commissioner Thacker stated this request appears to be a win -win for Jessup and the City. Motion by Doherty seconded by Thacker to recommend to the City Council with regard to File No. Z-951, approval of an application for a Zoning Map Amendment from C-5 Highway Commercial District to 1-1 Industrial Park with no conditions placed on the requested zoning map amendment, and Staff finds that the requirements in Tables 33 of the Zoning Ordinance have been met. Voting Aye: Doherty, Gurda, Lehman, Sobotta, Strach, Thacker and Walsh. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0 Chairman Strach closed the Public Hearing regarding File No. Z-951 at 7:40 pm. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2128 www.ci.mchenry.il.us ORDINANCE NO 19- AN ORDINANCE GRANTING A ZONING MAP AMENDMENT TO 1-1 INDUSTRIAL FROM C-5 HIGHWAY COMMERCIAL FOR THE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF NORTHSIDE AVENUE AND ILLINOIS ROUTE 120 IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, a petition has been filed with the City by Jessup McHenry Enterprises, LLC, 3023 Ellice Way, Naples, FL, 34119 requesting a Zoning Map Amendment to 1-1 Industrial from the Zoning Ordinance for the property located at the southeast corner of Northside Drive and Illinois Route 120 and legally described on Exhibit "A" attached hereto and incorporated herein, the "SUBJECT PROPERTY"; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on July 17, 2019 in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did recommend to the City Council the granting of the requested Zoning Map Amendment; and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the requested Zoning Map Amendment is consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That the SUBJECT PROPERTY is hereby granted a Zoning Map Amendment to 1-1 Industrial. SECTION 2: In granting said Zoning Map Amendment, the City Council finds that the requirements of Table 33 of the Zoning Ordinance have been met in that: • The requested zoning classification is compatible with the existing uses and zoning of property in the environs; Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2128 www.ci.mchenry.il.us • The requested zoning classification is supported by the trend of development in the general area; • The requested zoning classification is consistent with the objectives of the City of McHenry Comprehensive Plan; and • The requested classification promotes the public interest. SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS DAY OF .2019 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS DAY OF , 2019 MAYOR ATTEST: CITY CLERK Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2128 www.ci.mchenry.il.us Exhibit A Legal Description of the Subject Property FORMA �� Fi le Ni anger PUBLIC IICAMNG APPLICATION Planningand Zoning Commission City of McHenry 333 South Green 81met a MelIemy, IL 60050 n'I'el: (815) 363-2170 n Fax: (815) 363-2173 li Name of Applicant JESSUP MCHENRY ENTERPRISES, LLC Tel 815-356-2641 3023 Ellice Way, Naples, Ff.. 34119 Address Fax 2. Name of Property Owner Tel _- (If'other than Applicant) Address Fax 3. Name of Engineer Tel (If represented) Address Fax 4. Name of Attorney Thomas`C. Zanck Tel 815-449-8800 (If'represented) 815-459-8429 Address 40 Brink Street, Crystal Lake,11. 60014 Fax 5. Common Address or Location of Property 2905 Northside Avenue, McHenry, IL 60050 and 2905 West Route 120, McHenry, IL 60050 6. Requested Action(s) (check all that apply) _Y_ Zoning Map Amendment (Rezoning) _ Zoning Variance - Minor _-_ Conditional Use Permit u Zoning Text Amendment Zoning Variance _ Other Provide a brief description of the Requested Action(s). For example, the operation that requires a Coiuiitional Use Permit, the specific Zoning Variance needed, or the new zoning classification that is requested: The Applicant seeks a map amendment FORM A Page I of 7. Current Use of Property vacant 8. Current Zoning Classification of Property, IncludingVariances or Conditional Uses C-5 Highway Commercial 9. Current Zoning Classification and Land Use of Adjoining Properties North: C-5 Highway Commercial C-S Highway Commercial South: Fast: I-1 Industrial West: C-5 Highway Commercial 10. Requhed Attachments (check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine (lie required attachments. `_1. Application Fee (amount) $ __2. Narrative Description of Request ____ 3. FORM A — Public Hearing Application _4. FORM B — Zoning Map Amendment (Rezoning) Application `_5. FORM C — Conditional Use Application 6. FORM D -- Zoning Variance Application ___7. FORM E—Use Variance Application __8. Proof of Ownership and/or `Vritten Consent from Property Owncr in the Form of an Affidavit _9. Plat of Survey Nvith Legal Description List of Owners of all Adjoining Properties Public Hearing Notice ___12. Sign (Provided by the City, to be posted by the Applicant) __13. Site Plan —14. Landscape Plan `_15. Architectural Rendering of Building Elevations Performance Standards Certification __17. Traffic Analysis School Impact Analysis FORM A Page 2 of 3 IL Disclostim of htterost ` lie party signing the application sliall be considered the Applicant. Tile Applicant must be the owtior or trustee of record, trust beneficiary, lesseo, contract puftlinser, or option holder of the snbjeot propet-�, or his or her agent or nominee. Applicant is Not Owner If the Applicant is not the owner of record of tite snbjeot property, the applicntion sivilI disclose the legal capacity of the Aliplienut tied the fill[ name, nddress, and telephone mimbor of the owiiu (s). Ill a(Aition, nil affidavit of the oNvners(s) shall be filed with the application stating flint flit:: Applicnat has the authority from the owners(s) to make the application. A > >lU icnnt or Owner is Corporation or Partnorship If the Applicant, owner; contract pt►►'cltaser, option holder, or any beneficiary of a land trust is a corporation or pmtnership, the application shall disclose the name and address of the corporation's officors, directors, and registered agents, or the partnership's general partners and those shareholders or limited partners owning in excess of five percent of the outstanding stock or interest in the corporation or interest shared by the limited partners. ,Ul )plicant or Owner is a land Trust If (lie Applicant or owner is a land trust or other trust or trustee thereof, the firll name, address, telephone number, and extent of interest of each benefiointy shall bo disclosed ill the application. 12. Cortification I hereby certify that I ant aware of all code requirements of (lie City of McHenry that relate to this property and that the proposed use or devolopntent described in this application shall comply Nvith all such codes. T hereby request that a public bearing to consider this application be held before the Planning and Zoning Commission, and thereafter that a recommendation be forwarder{ to the City Council for the adoption of an ordbiattce(s) granting the requested action(s), including any nmdifientions to this application or conditions of approval recommended by the Zoning Board of Appcals or City Cotnieil. ,Sji ,na(uro of,Alatlican( s Print Name and Designation ofApplicant(s) JESSUP MCHENRY ENTERPRISES, LLC ) 1 AM Jessup McHenry Enterprises, LLG - Robert W. Jessup 2011 Gift Trust - 50ryo Ownership interest - Julia S. Jessup 2011 Gift Trust - 50% Ownership Interest FORM A Page 3 of 3 FORM )3 rile Ntuuber ZONING MAP AMENDMENT (REZONING) 11"11111ing ttlld Zoning Coll illissiioh City of Mcllrenry 333 South Orem Street D McHenry, IL 60050 u Tel: (815) 363-2170 u Pax: (815) 363-2173 'fable 33 of the City of Mcllemy Zoning Ordinanco lvovidcs that ill recontrueucling approval of a Zoning Map Amendment (Rezoning), tits flamting alul zoning Commission shall transmit to tite City Council written findings that all of lice conditions listed below apply to the requested action. lens", r_omomf to eEtch of llieso conditions as it relates to our request. 1._ Compatiblo with Use or Zorn of I?tiyirons 'rite proposed usc(s) oi' the uses permitted under tho proposed zoning classification aro compatible with existing uses or existing zoning of property fit the environs. The adjoining property to the East and Southeast is designated I -I and used as an indusr7al site and this is a natural extension of that site and that zoning. 22,_ _. Suhno►•ted bxTrend ofDevolopment Tile trend of development ill the general area sinco the original zoning of the nffected property was established supports the proposed uses) or zoning classification. The expansion of Jessup Manufacturing Company adjoining this property sup rp As the trench to I-1 Industrial 3. Consistent Willi Comprehensive Plan ON dives Tire proposed use(s) ox zoning classification Is In. harmony with the objectives of the Comprehensive Plan of the City as viewed in light orally changed conditions sinco the adoption of the Plan. The comprehensive plan encourages the development of vacant parcels and with. the limited frontage this parcel has, it is unlikely to be developed as C-5 and makes more sense that it� be incorporated into the I-1 Industrial zonuig area adjouhing it to the East. A. FurtlierspublicInterest The proposed use(s) or zoning classification promotes the public interest and not solely the interest of the applicant. The public would be better served if this vacant parcel would be Put to an industrial use rather than it rernaWing vacant since it is not an appropriate size for C-5 Highway Commercial FORM 13 Pago 1 of I PUBLIC HEARING NOTICE FILE Z- Notice is licreby given that the City of McHeii y Planning and Zoning Conrnlission will liold a Public Hearing at the McHenry Municipal Center, 333 South Green Street, McHenry, Illinois 60050, at 7:30 P.M. on , 2019 to consider an Application by Jessup McHenry Enterprises, LLC, 3023 Alice Way, Naples, FL 34119 ("Property Owner") for the following request in accordance with the City of McHenry Zoning Ordinance: Reclassify the property from C-5 Highway Commercial to I-1 Industrial The property consists of approximately .33 acres, and is located at 2905 Nlortliside Avenue, McHenry, Illinois a/k/a 2905 W. Route 120, McHenry, Illinois. PINS: 09-36-102-002 and 09-36-102-018 The property is currently zoned C-5 Highway Commercial. A copy of the Application is on file and may be examined during regular business hours in the City Clerk's Office, at (lie McI-Ieny Municipal Center, 333 South Green Street, McHenry, Illinois 60050, and (815) 363-2100. All interested parties Neill be given an opportunity to be heard. Published by order of the Planning and Zoning Convnission, City of McHenry, McHenry County, Illinois. A/ Shawn Strach Chairman, Planning and Zoning Commission ADJOINING PROPERTY OWNERS PINS 09-36-102-002 AND 09-36-102-018 PIN OWNER AND MAILING ADDRESS_ 09-25-354-016 THEODORE W GINA SMAK 2902 W RT 120 MCHENRY, IL 60050 09-25-354-018 CARLSON rNTVS'1'1\4NTS LTD 2904 W IL Rl' 120 MCHENRY, IL 60051-4569 09-25-354-022 I.N4DK VENTURE LLC I1 2816'A' IL RT 120 MCHENRY, II, 60051-4567 09-36-101-040 MCI IENRY ST BK TR 709 PO BOX 355 MCHENRY, IL 60050 09-36-102-003 DIANE SAINSOT 2008 WESTGATE TER HIGHLAND PARK, IL 60035 09-36-102-009 JESSUP MCIIENRY ENT LLC 09-36-103-014 3023 ELLICE WAY NAPLES, FL 34119-1603 09-36-102-018 JESSUP MCHENRY ENT LLC 2905 NORTHSIDE AVE MCHENRY, IL 60050 zg3 ! I ^ bgs l�;y.ivas �az9t /A.LI.ZG.IOS gt0'4T�i'E ' 2 .,.•r. ' / o / �•:`.,, Parce�Y 'q 9 a O Q.i � s``{{ J U1 'PT 4-4 O / a rb r� N; w� BS. � V •o z °2 a� i o�rrt Ig Fdpp�k WWI SAO. i (011 �el ) n o g f Moil ''pptt dpdpdp y+ rayyaj ri, ? `r; •�nYy.,k'. +( y o � HER .�Qp tf€gz •� �°;Ere � !�? Department of Public Works Troy Strange, Director of Public Works 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.cityofmchenry.org CONSENT AGENDA SUPPLEMENT DATE: August 5, 2019 TO: Mayor and City Council FROM: Troy Strange, Director of Public Works Carolyn Lynch, Finance Director RE: Snowplowing Services for Fegers Subdivision ATT: Fegers Subdivision Map 2019-2020 Snowplowing Contract AGENDA ITEM SUMMARY: Staff requests City Council to consider Fegers Subdivision Homeowners Association's request for 2019/2020 City snowplowing services. BACKGROUND: The Public Works Street Division has snow plowed the Fegers Subdivision for more than thirty years at the request of the Fegers Subdivision Home Owners Association. The subdivision is located north of St. Patrick's Church Cemetery off of Washington Street; it includes a portion of Green Street, a portion of Court Street, Green Street, 2nd Avenue and 3rd Avenue (See attached map). The Fegers Subdivision is located outside of City limits in unincorporated McHenry County. For the 2019/2020 winter season, the Fegers subdivision has once again requested City snowplowing services. Staff is recommending that this be the last year that City personnel and equipment provide services. In future years, staff are recommending that these services are provided through a contractor who contracts directly with the home owner's association. ANALYSIS: Staff recommends charging a per pass fee per snow/ice event at $183.00 per pass. The per pass rate is based on overtime at $85/hour; dump truck with snow plow at $73/hour (Federal Emergency Management Agency (FEMA) schedule of equipment rates); and salt at $25/pass (300 Ibs/lane mile). The per pass fee will be billed monthly using the following fee structure: 0-2 inches of snow = 1 pass; 3-5 inches of snow = 2 passes; 6-8 inches of snow = 3 passes; 9-10 inches of snow = 4 passes; and 11-12 inches of snow = 5 passes. RECOMMENDATION: Therefore, if Council concurs, it is recommended that a motion be made to provide City snowplowing services for Fegers Subdivision and to approve the attached contract as presented. ti 1 lWEB MAPPING APPLICATION LEGEND Municpal Limits ❑ McHenry County Lot Lines Date Printed 6/22/2017 NOTES: This map was generated using the City of McHenry's GIS Web Mapping Application. F e g e is Subdivision Tins map is a user generated static output from an Internet Mapping Site and is for reference only. Department of Public Works Troy Strange, Director of Public Works 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.cityofmchenry.org CONSENT AGENDA SUPPLEMENT DATE: August 5, 2019 TO: Mayor and City Council FROM: Troy Strange, Director of Public Works RE: Loader Arm Replacement, Street Division Backhoe AGENDA ITEM SUMMARY: Staff requests City Council to consider accepting the proposal from Burris Equipment Co. for a loader arm replacement for the Street Division's Case 580 SM Backhoe. BACKGROUND: The purpose of this request is to replace a cracked loader arm of the Street Division backhoe as the equipment is necessary for the Division's day to day maintenance projects such as street patching, concrete removals, ditching projects and underground excavations. A crack developed in the loader arm and was discovered by staff upon inspection. Without this backhoe in service the operations the Street Division is able to run are extremely limited. ANALYSIS: Staff received the following quotes for the completion of this repair: Burris Equipment Co. $12,908.07 McCann Industries $20,050.00 Staff have analyzed the quotes received and recommends awarding the purchase order to Burris Equipment Co. Due to the potential for additional shop time to be incurred during removal and disassembly which is noted on the proposal a 10% contingency for possible overages will also be recommended. RECOMMENDATION: Therefore, if Council concurs, it is recommended that a motion be made to accept the proposal from Burris Equipment Co. for a loader arm replacement for the Street Division Backhoe in the amount of $12,908.07, to authorize a ten percent overage contingency of $1,291.93, for a total cost of $14,200. The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer -oriented, efficient and fiscally responsible manner. Locations: Burris Equipment Co. 221.6 N. Greenbay Rd Waukegan, IL 60087 Waukegan, IL (847)336-1205 SOLD TO MCHE01 CITY OF MCHENRY 333 S GREEN STREET MCHENRY, IL 60050 Ingleside, IL Joliet, IL (815)363-4100 (815)464-6650 SHIP TO CITY OF MC HENRY GARAGE 105 N GREEN ST MC HENRY, IL 60050 Tax D QLy Description -------------------------------* Price Amount ..::COMMENT S REPLACE LOADER ARM ASSEMBLY. . ORIGINAL =LOADER ARMS ARE NO LONGER . AUAYTABLE';: AND:>REQU:IRE:' REPLACMENT TO THE UPDATED DESIGN NEW LOADER. ARMS REQUIRE ALL NEW. HYD ,;:: LIL�lES . ;R'EPLACE ALL PINS AND BU:SH3 NGS . ESTIMAT.E..ASSUMES THAT.ALL PINS AND BUSH.INGS,.COME OUT IN NORMAL. TIME. ESxIMATE' DOES NOT INCLUDE :EXTRA'.T:TME;.T0 REMOVE.ANY:' RUSTED COMPONENTS.- ADDITIONAL, MAY .BE NEEDEI? DEPENEDING ON `THE :REMOVAL .TIME OIL; THE"'O IG'XNAL..;L0AGER. MIKE . (8:15) 363 '2239: inowsley@Cii.tyofiiicti'eiiry:org .; E. PARTS SERVICE 1 CAS 87566994 ARM,. LOADER 7640 Q.0 7640 00.. E 4`.CAS.$7642010 SPACER 56 7:0 226 80> E E 4...CAS 2 CAS .8772.438 47865950 > BUSHING... PIN::. GROOVE 7.. 6.5 115 0:0 30. 60. 23.0 OQ E 4.CAS 86625153 SNAP RING SV20 61 4,49 49 35 17 96. 9'8 '70' E E 2 2 CAS WIN 8A367828.`: 987.18 20. PIN,: GREASE FIT. GREASE 62 1,24 E 4 CAS 86625153 SNAP RING SV20 61 4 49 17. 96" E 2.WIN 987 1$ 20. GREASE FIT. GREASE 62 13 20 1.24 52 80 E E 4:CAS:8662'4993: $.CAS 86625260 BOL WASHER 3.22 25 76. .E 1 CAS ,$771:6484 TUBE kiYDRAU ', 89 25 89 25: E 4. CAS...9847024 NUT. SV04 97 3.05 12.20 E 1 CAS '8771:.6480 TUBE HYDRAU .. 87 15 87 15:: E 1. CAS ..8771.6482 TUBE HYDRAU 84 53 112 00 84.53 112 00: E E 1 1 CAS CAS 4770:2178 TUBA!. IvEE 112 ,.00 . 1.. 00 E: E. l 1 CA5:$77123T0; CAS .477021$0 87.716490, ;... ROD; TUBE HY.DRAU. 151 .00 101 00 15112,00 101 00 E 1`. CAS .877I:6492 TUBE HYDRAU 104 00 10:4 00: E. 4 CAS .1006.96A1 BUS.HING., LAR 31.50 410 :00 12.6 00. 410 0.0' E E 1:. 2 CAS CAS '1115'22A1':' 335177A1. PIN PIN. 145 00 290 00. E 6:CAS$6625259` WASHER': 5 46 5 $9 32 76: 23 56, E E 4..CAS 6'CAS86625154" 181842A1 WASHER R1N.G, SNAP SU2`3 128 14 30 85 80. E. 2 WIN.987,1$ 10 GREASE FITT GREASE 2 08 125 00 4 1b 12;5 00' E E. 1:. < CAS:1S8:9OOA1 CAS,.87.623771_.. P.LN PIN GROOVE, 43..58 43.58. Terms: Net 10th of month f6lIowing purchase. Past`due nvn�ees subjeet t.6 interest at 1.5% p6i month (18% annuat rate) PAY THIS AMOUNT Charge Sale ** SUBTOTAL 12908.07 PAY THIS * I AMOUNT �I $12908.07 Department of Public Works Troy Strange, Director of Public Works 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.ci.mchenry.il.us CONSENT AGENDA SUPPLEMENT DATE: August 5, 2019 TO: Mayor and City Council FROM: Troy Strange, Director of Public Works RE: Snow Removal Cul-De-Sacs and Eyebrows, Rejection of Bids ATT: As Read Tabulation of Bids AGENDA ITEM SUMMARY: Staff requests City Council to consider the rejection of all bids for the Snow Removal Cul-De-Sacs and Eyebrows Contract. BACKGROUND: Fiscal Year 2019/2020 Budget included $60,000 for contracted snow removal services to supplement manpower shortages specifically for the completion of snow removal in cul-de-sacs and eyebrows. In any given year the completion of snow removal in cul-de-sacs is a staffing challenge for the Public Works Department. In winter of 2018 and 2019 over 300 winter operations related overtime hours were utilized to complete snow removal operations in cul-de- sacs. Staffing these shifts is a challenge due to time off allowances during the winter months permitted in the Local 150 Contract. At times these cul-de-sac routes are left to sit until drivers from other routes are available or follow up operations take place during regular daytime hours. In order to supplement these manpower shortages staff budgeted for contracted snow removal services in cul-de-sacs and eyebrows. Staff researched other agencies bidding documents and compared its quantities of cul-de-sacs, eyebrows, and dead ends in order to estimate per event pricing for these snow removal services. Additionally, staff included a request for pricing for the removal of snow at the City Hall lot and Public Works lot. On Jul 19, 2019 three (3) bids were received for the Snow Removal Cul-De-Sacs and Eyebrows Contract. The bids ranged from $286,176.65 to $300,205.00. The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer -oriented, efficient and fiscally responsible manner. Upon the receipt of bids and further analysis of results it was determined that the City's unit pricing was substantially greater than other agencies despite having a similar number of cul-de- sacs and eyebrows due to the City locations having a far greater pavement area to clear which accounts for the discrepancy in unit pricing per event. The budget number of $60,000 was based primarily on quantities of cul-de-sacs for which the City of McHenry is extremely comparable with other communities. ANALYSIS: Staff has analyzed bids and has found them to be accurate. However, due to the budget number being exceeded by approximately $240,000 the results indicate that other alternatives will need to be considered to account for this winter operations staffing challenge. RECOMMENDATION: Therefore, if Council concurs, it is recommended to reject all bids for the Snow Removal of Cul- De-Sacs and Eyebrows Contract. The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer -oriented, efficient and fiscally responsible manner. As Read Bids Snow Removal Cul-de-Sacs & Eyebrows 7/19/19, 1:00 PM As Read Bid Contractor Intent to Bid Cul-Dec Sacs & Eyebrows City Hall Lot Public Works Facility Total Snow Systems x #,2SO, /,20. 00 39, /00, 00 7, 96,5-,0 0 #300, 203'- 00 Langton Snow Solutions, Inc. x 25d7, 737. '76 6.7.2.7, fig, 6/ g, B9 A 2A6, /76 • &'5- Great Lakes Snow & Pond Systems, Inc. x 3,qq, 075- CXr ;0Z0, /75".00 57 9Z,5- 00 370,175• 00 Department of Public Works Troy Strange, Director of Public Works 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.ci.mchenry.il.us CONSENT AGENDA SUPPLEMENT DATE: August 5, 2019 TO: Mayor and City Council FROM: Troy Strange, Director of Public Works RE: Well 8 Raw Water Line Rehabilitation, Rejection of Bids ATT: As Read Tabulation of Bids AGENDA ITEM SUMMARY: Staff requests City Council to consider the rejection of all bids for the Well 8 Raw Water Line Rehabilitation Project. BACKGROUND: Fiscal Year 2019/2020 Capital Improvement Program includes $130,000 in Water & Sewer Funds for the construction of the Well 8 Raw Water Line Rehabilitation Project. Well 8 is one of two wells which supply raw water to Water Treatment Plant 3, located at 105 S. Crystal Lake Road. However, Well 8 is located approximately 2 blocks away from the plant in the Malibu "Tot Lot". The well was drilled and raw water piping was installed to Water Treatment Plant 3 in 1985. During the past decade the raw water line has developed a substantial number of leaks, requiring City personnel to perform numerous spot repairs. The raw water line has experienced pinhole leaks on most of the pipe bells. In recent years a galvanized nipple and a galvanized plug have been replaced on the well's pitless adaptor. Staff coordinated the preparation of construction documents which were prepared by HR Green, Inc. At the May 6, 2019 City Council Meeting City Council authorized staff to publicly bid the Well 8 Raw Water Line Project. On Jul 17, 2019 three (3) bids were received for the Well 8 Raw Water Line Rehabilitation Project. The bids ranged from $222,487.81 to $289,217.00. The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer -oriented, efficient and fiscally responsible manner. The budget number of $130,000 for the specified trench less method, which was substantially less than the preliminary estimate of $300,000 for open cut method, was based upon preliminary research of unit pricing for other lining projects in the region and preliminary discussions with contractors in the industry. Upon further review the number of bends and fittings in this pipe alignment create a need for a large amount of excavation and mechanical work for this project which was not included in the original budget number. ANALYSIS: Staff has analyzed bids and has found them to be accurate. However, due to the budget number being exceeded by approximately $92,500 the results indicate that further alternative analysis and consideration of open cut method is warranted. RECOMMENDATION: Therefore, if Council concurs, it is recommended to reject all bids and delay the completion of this project until further alternative analysis can be performed for both open cut and trenchless methods and the project is completed in a future Capital Improvement Program. The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer -oriented, efficient and fiscally responsible manner. As Read Bids Well 8 RAW Water Line Rehab 7/17/19, 11:00 AM Contractor Intent to Bid Addendum 1 Addendum 2 As Read Bid Fer-Pal Constructino USA, LLC X X X 28 , .2/7 oo Sheridan Plumbing & Sewer, Inc X X X.��� y�7• �� Michels Pipe Services X X X �2 y� 7G0• op t� Mclient Bill Hobson, Director of Parks and Recreation McHenry Recreation Center 3636 Municipal Drive McHenry, Illinois 60050 Phone: (815) 363-2160 Fax: (815) 363-3119 www.ci.mchenry.il.us/park_recreation CONSENT AGENDA SUPPLEMENT DATE: August 5, 2019 TO: Mayor and City Council FROM: Bill Hobson, Director of Parks and Recreation RE: McHenry Parks & Recreation Facilities Alcohol & Special Use permit requests ATT: Permit List and Applications All fees and documentation have been satisfactorily submitted for the attached McHenry Parks & Recreation Facilities Alcohol & Special Use permit requests. If Council concurs, then it is recommended a motion is considered to approve the attached McHenry Parks & Recreation Facilities Alcohol & Special Use permit requests. The Citv of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality ofprograms and services in a customer -oriented, efficient, and fiscally responsible manner. FOR COUNCIL MEETING ON AUGUST 5, 2019 Shelter Rental Alcohol Permits These are alcohol permit requests associated with shelter rentals Date Applicant Address Park 08/10/19 Angelica Wence 3701 W Bradley Ct PP C 09/14/19 Jamie Smith 2311 Graue Mill Ct PP A Special Use Permits These are special use permit requests associated with shelter rentals Date Applicant Address None Purpose Graduation Party Birthday Party Park Special Use Recreation Center Room Rental Alcohol Permits These are alcohol permit requests associated with Recreation Center room rentals or programs. Date Applicant Address Rec Center Purpose 10/18/19 MPRD 3636 Municipal Dr Room A/B Cookie Decorating Class 12/13/19 MPRD 3636 Municipal Dr Room A/B Cookie Decorating Class M f'Iel"]i^.Y.� InmfirelSarradon ocrarr�wx {/ 1� McHenry Parks tic Recreation Shelter, Alcohol & Special, Use Permit Application / f Application Date: Rental Date: L Rental Time:S Name of Applicant: ..-`� Date of Birth: Group/Organization (if applicable):: // ` —_ Address: '))J() �� v'(, C1 ��LJ C r City/State/Zip: Home Phone: Personal Email: Event List all activities to be I O-A V\ SHELTER: ❑ Knox Shelter ❑ Petersen ShelterA etersen Shelter ❑ Veterans Shelter Li Knox Shelter B ❑ Petersen Shelter B ❑ Veterans Gazebo o Other WEDDING: ❑ Rails removed at Veterans Memorial Park ($25 fee) BEER/WINE: (at least 4 weeks notice needed) Type of Alcohol to be Served: 62 ne ❑ Wine .Beer NO OTHER ALCOHOL ALLOWED Amount of Alcohol: Wine Bottles # Beer Cases # 7i Beer Kegs # SPECIAL USE: (at least 4 weeks notice needed) - Equipment provided by renter ❑ Tent o Bounce House Ldcation: _ Applicant to call JULIE (1-800-892-0123) for staking of Tents and Bounce Houses ❑ Tables # ❑ Chairs # ❑ Benches # ❑ Wedding Arch ❑ Performer ❑ Music: o DJ ❑ Band ❑ Carnival Rides ❑ Animals ❑ Catered Pig Roast o Other OTHER: Groups over 50o must obtain additional: ❑ dumpsters ❑ portable toilets DAMAGE DEP: Credit Card Number: Expiration: — Approval will be based on the items listed above. Any other requests are subject to further approval. If applicable, health permits are required bylaw for concessions and catering. Please make arrangementsto obtain permits. McHenry County Department of Health: 815-334-4585 1 agree all alcohol containers will be removed by applicant or placed in proper containers on site on the rental date and that no underage or Intoxicated person will be allowed to consume any alcohol brought Into City of McHenry property under this permit. I agree that none of the alcohol allowed in City of McHenry property, pursuant to this application will be sold, it being understood that the sale of alcohol under this permit issued pursuant to this application Is expressly prohibited. I also understand that not complying with the rules will result in loss of deposit. I agree to hold the City of McHenry, its employees and agents harmless, and indemnify same from any and all liability of injury to person or property occurring as a result ofthe activity sponsored by permittee and said person shall be liable to the City of McHenry for any and all damage to parks, recreation facilities and equipment owned by same, which results from or during the activity of permittee or is caused by participant in said activity. All persons agree to comply with the City of McHenry Municipal Code and all Parks Se Recreation regulations. I have read and fully understand the McHenry Recreation Shelter Guidelines. �L McHenry Parks & Recreation • Shelter, Alcohol & Special. Use Permit Application CHO ➢grkroNurw,lor,txjvrtoiux Application Date: Rental Date:0 Rental Time: � Du4w, ' S Name of Applicant:SDate of Birth:. 9 Organization (if applicable): address: t,�;�l 1 61 ctw k I C 1- City/State/zip: .k__1Ch Horne Phone: Cell Title/Activity: 1�: ' �� JX` ) ' Attendance: List all activities to be held: SHELTER: ❑ Knox ShelterA tersen ShelterA ❑ Petersen Shelter C ❑ Veterans Shelter ❑ Knox Shelter B ❑ Petersen Shelter B ❑ Veterans Gazebo ❑ Other WEDDING: ❑ Rails removed at Veterans Memorial Park ($25 fee) BEER/WINE; (at least 4 weeks notice needed) 'type of Alcohol to be Served: ❑ None -Wine Beer NO OTHER ALCOHOL ALLOWED Amount of Alcohol: Wine Bottles # �? Beer Cases # Beer Kegs # SPECIAL USE: (at feast 4 weeks notice needed) — Equipment provided by renter rent KBounce House Location: _ Applicant to call JULIE (1-800-892-0123) for staking of Tents and Bounce Houses / o Tables # ❑ Chairs #. ❑ Benches # ❑ Wedding Arch ❑ Performer ❑ Music: o DJ ❑ Band ❑ Camival Rides In Animals (/ ❑ Catered Pig Roast ❑ Other OTHER: Groups ovet DAMAGE DEP: Credit Carl I Signature: _� Approval will be based on the items fisted above. Any other requests are subject to further approval. if applicable, health permits are required bylaw for concessions and catering. Please make arrangements to obtain permits. McHenry County Department of Heafth: 815334-4585 1 agree all alcohol containers will be removed by applicant or placed In proper contalners on site on the rental date and that no underage or intoxicated person will be allowed to consume any alcohol brought into City of McHenry property under this permit. I agree that none of the alcohol allowed in City of McHenry property, pursuant to this application will be sold, it being understood that the sale of alcohol ur.derthis permit issued pursuant to this application is expressly prohibited. I also understand that not complying with the rules will result in loss ofceposit. I agree to hold the City of McHenry, its employees and agents harmless, and indemnify same from any and all liab'Iity of injury to person or property occurring as a result of the activity sponsored by permittee and said person shall he liable to the City of McHenryfor any and all damage to parks, recreation facllities and equipment owned by same, which results from or during the activity of permittee or is caused by participant in said activity. All peor s agree to comply with the City of McHenry Municipal Code and all Parks & Recreatfon regulations. I have read and fully understand the McHenr- crAtlon Shelter Guidelines. �f V � MCHenr CONSENT AGENDA ITEM DATE: August 5, 2019 TO: Mayor and City Council FROM: Monte Johnson RE: Block Party Request ATT: Application Monte Johnson Deputy City Clerk 333 S Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 mjohnson@cityofmchenry.org AGENDA ITEM SUMMARY: The following Block Party application has been submitted for consideration by Council: Jennifer Lane: An application has been submitted by Wayne Braun, located at 1710 Jennifer Lane, for the purpose of holding a block party on Saturday, August 17th, between 12:00 p.m. and 12:00 a.m. They are requesting temporary closure of Jennifer Lane from Prestwick St to Orleans St. The Public Works Department and Police Department have reviewed the application and have no issues with the request. BACKGROUND/ANALYSIS: The City of McHenry allows block parties on all residential streets providing that they do not block intersections, cul-de-sacs or other roadways. To schedule a block party, city residents obtain a permit application online or at the Municipal Center and return it to the City Administrator's office. There is no fee for the permit. Once approved, only moveable barriers (sawhorses) that are dropped off and picked up by Public Works can be used to control traffic. Blocking streets with vehicles is prohibited. RECOMMENDATION: Therefore, if Council concurs, then it is recommended a motion be made to approve the block party request as presented. Public Works will provide barricades and the McHenry Township Fire Protection District and Police Department will be notified of the event. The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer -oriented, efficient,, and fiscally responsible manner. Block Party Permit Application Revised 6/19 Application submitted by: Wayne Braun Street Address: 1710 Jennifer Ln Date Submitted: 7/26/2019 NOTE: PLEASE SUBMIT YOUR APPLICATION TO THE ADMINISTRATION OFFICE AT LEAST 30 DAYS PRIOR TO DATE OF PROPOSED BLOCK PARTY Date of Block Party: August 1 7th .2019 Hours of Proposed Street Closure: 1 2.00pm a.m./p.m. until 1 2.00am a.m./p.m. Subdivision Name: M i l l Creek Specific Location of Proposed Street Closure ( i.e. from what intersection to what intersection): jean, �er L ►', Street fromJennifer/ Prestwick toJennifer/Orleans Contact Person(s): Wayne Braun Contact Person(s) Address: Email: 1710 Jennifer Daytime Phone Number: I hereby certify all persons in my neighborhood impacted by the closure of this street have been notified of same. 11 Signed: Date: 7 /'2�l Ovl � ---,g - ----------------------------------------------------------------- UPON COMPLETION, PLEASE SUBMIT APPLICATION TO: CITY OF MCHENRY ADMINISTRATION OFFICE 333 SOUTH GREEN STREET MCHENRY IL 60050 OR FAX: 815-363-2119 OR E—MAIL: mjohnson@cityofmchenry.org OFFICE USE ONLY COUNCIL APPROVAL ON: / / NOTIFICATION MADE TO: ❑ MCHENRY POLICE DEPT. ❑ MCHENRY PUBLIC WORKS STREET DIVISION ❑ MCH TOWNSHIP FIRE PROTECTION DISTRICT ❑ APPLICANT City Council Meeting Minutes July 15, 2019 Page 1 City Council Meeting July 15, 2019 Call to Order The City Council of the City of McHenry, Illinois, met in regular session on Monday, July 15, 2019, at 7:00 p.m. in the McHenry City Council Chambers, 333 S. Green Street, McHenry, IL. Roll Call Deputy Clerk Johnson called the roll. Roll call: Members present: Alderman Santi, Alderman Glab, Alderman Schaefer, Alderwoman Baehne, Alderman Mihevc, Alderman Devine, Alderwoman Miller, and Mayor Jett. Others present: Attorney McArdle, Administrator Morefield, Interim Director of Public Works Strange, Director of Community Development Polerecky, Finance Director Lynch, Director of Parks and Recreation Hobson, Director of Economic Development Martin, and Chief of Police Birk. Pledge of Allegiance Mayor Jett proceeded to lead those present in the Pledge of Allegiance. Public Comments Tony Esposito was present representing Pedal and Pour. He explained that he did not get delivery of the pedal boat as planned, but did not want to disappoint the City with an opportunity to create a water experience. He showed the Council a picture of a Donut Boat that he would like to use until the pedal boat is delivered. He explained that he would drive the boat and that this boat is very safe and smaller than the pedal boat. He is asking for permission to use this different boat so that the citizens and visitors of McHenry can enjoy the experience this weekend while Fiesta Days is still running. No formal vote was taken, but the general consensus was that Mr. Esposito may use the boat until an updated agreement can be officially signed. Consent Agenda: Motion to Approve the Following Consent Agenda Items: A. Ordinance to Repeal and Replace Chapter 11, Article V: No Smoking; and, Chapter 14, Article I, Sections 14-37 through 14-44 of the McHenry Municipal Code; B. Ordinance to Repeal and Replace Chapter 18 Police of the McHenry Municipal Code; C. Text Amendments to the City of McHenry Zoning Ordinance related to Outdoor Seating; D. Award of Bid to Curran Contracting Company in the amount of $777,777.70 for the 2019 Street Resurfacing Program; E. Award of Bid to Superior Road Striping, Inc. in the amount of $9,712.90 for the 2019 Thermoplastic Pavement Markings Program; F. Approval of a Professional Services Contract with HR Green, Inc. in an amount not to exceed $62,568.28 for construction engineering services for the 2019 Street Resurfacing City Council Meeting Minutes July 15, 2019 Page 2 Program; G. Approval of a Professional Services Contract with Robinson Engineering, Ltd in the amount of $9,500.00 for the completion of a Millstream Lift Station Rehabilitation Alternative Analysis; H. Contracted services provided by Central Tree & Landscape Mulch, LLC in the amount of $14,375.00; I. Block Party Requests; J. Special Event Liquor License Requests; K. Parks & Recreation Facilities Alcohol and Special Use Permit Requests; L. June 17, 2019, City Council Meeting Minutes; M. June 24, 2019, City Council Special Meeting Minutes; N. Issuance of Checks in the amount of $318,217.43; O. Issuance of As Needed Checks in the amount of $831,473.76. Alderman Santi asked for clarification for Item 5D. Director Strange explained that this bid was somewhat different because the alternates were greater than the base bid. The full price of the project plus alternates was approved in this year’s budget, so it made sense to approve the entire project at this time. No members of the Council wished to pull any of the items from the consent agenda for separate consideration. A motion was made by Alderman Santi and seconded by Alderman Schaefer to approve consent agenda items A-O as presented. Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Schaefer, Alderman Glab, Alderwoman Baehne, Alderman Mihevc, Alderman Devine, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. Individual Action Item Agenda Motion to adopt an Ordinance amending the FY19/20 Budget, Fund 450 (Capital Equipment), in the amount of $28,850.00; and, authorization to purchase one pickup truck as quoted from Gary Lang Auto Group in an amount of $28,850.00 as a replacement vehicle for the Parks Maintenance Division. Director Hobson explained that the truck has had major ongoing maintenance issues for the last six years. Quotes were received from three local dealerships for a new vehicle. Alderwoman Baehne asked if this would fit in with the Leopardo agreement, and it was explained that it would have if the truck could have lasted long enough to get there. Alderman Santi stated that he sees a need for the new vehicle, but is uncomfortable with budget amendments. He asked if this could have been looked at for being replaced over the last six years. Director Hobson explained that it has been discussed and on a list of vehicles that need replaced, but they have been forced to patch it and keep it running. It was also noted that this truck will be able to plow in the winter time. A motion was made by Alderman Schaefer and seconded by Alderwoman Baehne to adopt an Ordinance amending the FY19/20 Budget, Fund 450 (Capital Equipment), in the amount of $28,850.00; and, authorization to purchase one pickup truck as quoted from Gary Lang Auto Group in an amount of $28,850.00 as a replacement vehicle for the Parks Maintenance Division. Roll Call: Vote: 7-ayes: Alderman Schaefer, Alderwoman Baehne, City Council Meeting Minutes July 15, 2019 Page 3 Alderwoman Miller, Alderman Devine, Alderman Mihevc, Alderman Glab, Alderman Santi. 0- nays, 0-abstained. Motion carried. Motion to approve a Text Amendment to the McHenry Zoning Ordinance related to Patriot Extates. Director Martin explained that due to an error in the zoning map years ago, an incorrect setback was used when Cunat was developing certain properties in Patriot Estates. This issue went to the Planning and Zoning Commission last Wednesday. Alderman Glab asked if this reduction in setbacks will cause issues with the intersections. Director Martin explained that the setbacks don’t affect the corner side yards, and there is still a 45 degree view. A motion was made by Alderwoman Miller and seconded by Alderman Santi to approve a Text Amendment to the McHenry Zoning Ordinance related to Patriot Estates. Roll Call: Vote: 7-ayes: Alderwoman Miller, Alderman Santi, Alderman Glab, Alderman Schaefer, Alderwoman Baehne, Alderman Mihevc, Alderman Devine. 0-nays, 0-abstained. Motion carried. Motion to approve a Real Estate Abatement and Incentive Agreement with Jessup Manufacturing Director Martin explained that this issue was introduced at the May 20, 2019, City Council meeting. Jessup Manufacturing is seeking a five year tax abatement on all new taxes generated after their 35,000 square foot addition is completed. The Fire District has passed this abatement, and the other taxing bodies are considering the issue as well. There was a discussion about the clawback provision and how another taxing body might want to change the wording, but Attorney McArdle suggested accepting the agreement as is. Alderman Glab stated that Jessup has been a long standing business in McHenry for years, and he is thankful for the relationship the City has with the company. A motion was made by Alderman Glab and seconded by Alderwoman Baehne to approve a Real Estate Abatement and Incentive Agreement with Jessup Manufacturing. Roll Call: Vote: 7-ayes: Alderman Glab, Alderwoman Baehne, Alderwoman Miller, Alderman Devine, Alderman Mihevc, Alderman Schaefer, Alderman Santi. 0- nays, 0-abstained. Motion carried. Discussion Items CMAP Presentation Regarding Pavement Management Evaluation Project Director Strange explained that Applied Research Associates is a research and engineering firm with specific experience in asset management and pavement management. They were consulted by CMAP (the Chicago Metropolitan Agency for Planning) in the summer for 2018 to perform a pavement condition survey, analysis, and to create a pavement management plan for future City of McHenry pavement management operations. Joe Stefanski and Lax Premkumar were present from ARA to explain the process and review their findings. They gave a presentation to the Council and explained that they use a data driven City Council Meeting Minutes July 15, 2019 Page 4 program to show benefit to cost to optimize the net ratio. Mr. Stefanski explained how it is not necessarily cost effective to fix the worst roads first. The presentation showed that if the roads in good condition are kept up, they won’t fall into disrepair and it won’t be as expensive to fix them in the future. Their goal is to keep good roads from failing, and work on the worst roads a little at a time because they won’t be any more expensive to fix since they already have fallen in bad condition. Projections were shown over five and ten year periods while using a $2 million a year budget. They also showed how roads can be improved by injecting more money in the budget at different intervals. It was shown how approximately 50% of the roads are currently in poor or very poor condition, and that the roads in good condition need attention to keep them from hitting the poor condition. A discussion was had about finding more revenue that can be used for street repair. The new State gas tax was discussed, as well as bonds that should come off the books in a couple of years. City Administrator Morefield stated that there have been serious conversations over the last two years about getting more funding for roads. Staff has been working to redirect funds to capital projects and capital equipment. Alternative sources of revenue have also been discussed. The pavement management program is nice to give the City data driven information to help set a target for budgeting purposes. Alderman Devine spoke to the issues in his Ward, and it will be hard to tell his residents that the City is fixing roads that aren’t that bad but their terrible streets will be ignored for another five years. Alderman Glab suggested this is where we need a Committee of the Whole to discuss the road program issues. City Administrator Morefield stated that the goal isn’t to ignore roads in poor condition, but to deal with those as part of a hybrid program. Mayor Jett thanked ARA for their presentation. Vaping and Tobacco License Moratorium Chief Birk explained that there has been a moratorium on tobacco licenses since March 28, 2019, and it is set to expire in December. The purpose was to give staff time to do research on vaping and how this would affect the youth, adult citizens, and the City. Chief Birk is looking for some direction from Council on what action should be taken. Chief Birk said research of other municipalities has shown they are handling the issue by crating zoning classifications or by making changes to the tobacco ordinance that restricts who can sell vaping equipment or accessories. He also explained that compliance checks have been done to ensure businesses aren’t selling tobacco to underage customers. After a lengthy conversation about zoning issues and underage consumption, it was decided that Chief Birk, Director Polerecky, and Director Martin will meet and come back to the Council with a zoning recommendation to help restrict the addition of vape shops. Executive Session City Council Meeting Minutes July 15, 2019 Page 5 Mayor Jett explained that the Council will not meet in executive session tonight. Staff Reports, Mayor’s Report and Council Comments Director Hobson reported that Fiesta Days is under way. If Council members want to be in the parade, they should let him know. Lineup is at noon, and the parade starts at 1:30. The celebration is going well so far this week. Director Morefield stated that a report from the Strategic Planning Session is available for Council Members and staff. The next step is to look at actionable goals for items that have been identified. A second session needs to be planned, and a majority of the Council felt that September is a good month to meet. Mayor Jett reported that Ben Keefe of the VFW believes a majority of the Council will support extending the Queen of Hearts raffle. A special meeting would be needed by next Monday to pass an ordinance. Mayor Jett asked Council members if they wanted to speak up in support of the extension in order to have a special meeting. Alderman Glab, Alderman Santi, Alderwoman Miller, and Alderman Devine all agreed that a special meeting should be held, and 4:00 p.m. on Thursday, July 18th, 2019, was chosen as the time for the special meeting. The Clerk will post the meeting as required. Alderman Schaefer asked if there was an update on the gravel pit complaints. Directory Polerecky stated he will send out an update this week. Alderman Santi commented on how smoothly the Queen of Hearts has been running. Adjournment A motion was made by Alderwoman Baehne and seconded by Alderman Santi to adjourn the meeting at 8:33 p.m. Roll call: Vote: 7-ayes: Alderwoman Baehne, Alderman Santi, Alderman Glab, Alderman Schaefer, Alderman Mihevc, Alderman Devine, Alderwoman Miller. 0-nays, 0- abstained. Motion carried. Mayor Wayne Jett Deputy Clerk Monte Johnson _________________________________ _________________________________ City Council Special Meeting Minutes July 18, 2019 Page 1 City Council Special Meeting July 18, 2019 Call to Order The City Council of the City of McHenry, Illinois, met in a special session on Thursday, July 18, 2019, at 4:00 p.m. in the McHenry City Council Chambers, 333 S. Green Street, McHenry, IL. Roll Call Deputy Clerk Johnson called the roll. Roll call: Members present: Alderman Santi, Alderman Glab, Alderman Schaefer, Alderwoman Baehne, Alderman Mihevc, Alderman Devine, Alderwoman Miller, and Mayor Jett. Others present: Chief of Police Birk. Pledge of Allegiance Mayor Jett proceeded to lead those present in the Pledge of Allegiance. Public Comment There were no comments from the public in attendance. Discuss and possibly approve an ordinance amending Chapter 12, Licenses, and Permits Generally, Section 12-64, Prizes, of McHenry’s Municipal Code Alderwoman Miller asked for a background explanation of the ordinance and asked why the amount goes down to $1 million after September 1st. Chief Birk explained the history of the raffle prize limits. The ordinance originally called for a $100,000 limit on July 18, 2016. As the VFW had increasing sizes of their raffle prizes, the Council increased the limits. Ordinances were passed to set limits of $500,000 on September 5, 2017; $1 million on February 5, 2018; $3 million on July 4, 2018; and $6 million on August 6, 2018. At the March 18, 2019, meeting, an ordinance was passed that stepped prize limits down to $3 million through July 30, 2019; and to $1 million after July 31, 2019. At the time the VFW appeared to be happy with and agreed with the new ordinance setting raffle prize limits. The VFW is asking for the prize limits to be raised temporarily because the prize is large enough that it won’t be able to pay out a winner by the end of July when the prize limit is lowered down to $1 million. A lengthy discussion ensued about the possibility that they may be requesting ordinance changes in the future if the proposed ordinance is passed tonight. There is no way to tell how big the prizes could get or the issues that the City could run into if the prizes were to increase as they have in the past. A lengthy discussion ensued regarding traffic and parking issues from last year’s raffle. Alderwoman Baehne stated that she has been talking with a business who states they have lost City Council Special Meeting Minutes July 18, 2019 Page 2 $100,000 due to the raffle. Mayor Jett also commented on the negative impact on the Hickory Pit and other nearby businesses. Other Council members talked about the positive impact that the raffle may have had on the community. Attorney McArdle explained the indemnification Agreement that has been presented to the Council. There have been rumors that there are people not happy with the deadline being extended for the prizes. Some have claimed that their odds of winning have changed, and the City does not want to become liable if a person were to bring suit or claim against the VFW and/or City. Alderman Glab asked what was being done with the money being raised. Ben Keefe of the VFW explained that the goal was to take care of issues with the building. Last year $100,000 was spent on other things due to the size of the raffle. The VFW reimbursed all expenses needed from the McHenry Police Department. Money was also given to other charitable organizations, the FVW International, and children’s homes. The parking lot was an issue before the game started, and that has been taken care of. A beer garden has already been approved by the City Council. The goal is to break ground on that this fall. A furnace has been replaced as well as upgrades to the electrical service. The intention moving forward is to make more improvements to the building and make new meeting spaces. A motion was made by Alderman Santi and seconded by Alderwoman Miller to approve an ordinance amending Chapter 12, Licenses, and Permits Generally, Section 12-64, Prizes, of McHenry’s Municipal Code subject to the condition that an indemnification agreement will be fully executed as modified and agreed upon by both parties. Roll call: Vote: 6-ayes: Alderman Santi, Alderwoman Miller, Alderman Glab, Alderman Schaefer, Alderman Mihevc, Alderman Devine. 1-nays: Alderwoman Baehne. 0-abstained. Motion carried. Adjournment A motion was made by Alderman Santi and seconded by Alderman Schaefer to adjourn the meeting at 4:48 p.m. Roll call: Vote: 7-ayes: Alderman Santi, Alderman Schaefer, Alderman Glab, Alderwoman Baehne, Alderman Mihevc, Alderman Devine, Alderwoman Miller. 0-nays, 0- abstained. Motion carried. _________________________________ _________________________________ Mayor Wayne Jett Deputy Clerk Monte Johnson Expense Approval Register McHenry, 1L List of Bills Council Meeting &5-19 Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: AALTO, BRIAN AALTO, BRIAN INV0008529 08/05/2019 TRAVEL REIMB 100-22-5420 153.00 Vendor AALTO, BRIAN Total: 153.00 Vendor: ANDERSON, KRISTINE ANDERSON, KRISTINE 243069 08/05/2019 PGM CXL 100-41-3637 85.00 ANDERSON, KRISTINE 243073 08/05/2019 PGM CXL 100-41-3637 80.00 Vendor ANDERSON, KRISTINE Total: 165.00 Vendor: AQUA ILLINOIS AQUA ILLINOIS MS-2093556 08/05/2019 READS FROM 5/20/19-7/19/19 510-32-5110 159.30 Vendor AQUA ILLINOIS Total: 159.30 Vendor: BAKER & SON CO, PETER BAKER & SON CO, PETER 24903 08/05/2019 BNDER/SFC 100-33-6110 1,025.22 BAKER & SON CO, PETER 25032 O8/05/2019 25032 100-33-6110 11138,35 BAKER & SON CO, PETER 25148 08/05/2019 HMA SURFACE 215067 510-35-6110 193.93 BAKER & SON CO, PETER 25148A O8/05/2019 HMA SURF/BNDR 100-33-6110 21737,43 BAKER & SON CO, PETER 25330 08/05/2019 SFC 100-33-6110 11004,09 BAKER & SON CO, PETER 25474 08/05/2019 BNDR / SFC 100-33-6110 1,394.49 BAKER & SON CO, PETER 25582 08/05/2019 BNDR/SFC 510-35-6110 285,36 BAKER & SON CO, PETER 25582A 08/05/2019 BNDR/SFC 100-33-6110 123.33 BAKER & SON CO, PETER 25692 08/05/2019 BNDR/SFC 510-35-6110 757.47 BAKER & SON CO, PETER 25692A 08/05/2019 BND/SFC 100-33-6110 130.38 Vendor BAKER & SON CO, PETER Total: 8,790.05 Vendor: BEIDELMAN, EILEEN BEIDELMAN, EILEEN INV0008530 08/05/2019 MEAL REIMB 100-23-5420 23.54 Vendor BEIDELMAN, EILEEN Total: 23.54 Vendor: BIRK, ADRIANA BIRK, ADRIANA INVOOD8531 08/05/2019 UNIFORM REIMB 100-22-4510 365.05 Vendor BIRK, ADRIANA Total: 365.05 Vendor: CAREY, MEGAN CAREY, MEGAN INV0008532 O8/05/2019 MEAL REIMB 100-22-5420 7.90 Vendor CAREY, MEGAN Total: 7.90 Vendor: CHEEMA, GUPREET CHEEMA, GUPREET 243203 08/05/2019 PGM CXL 100-41-3637 140.00 Vendor CHEEMA, GUPREETTotal: 140.00 Vendor: CHICAGO METROPOLITAN AGENCY FOR PLANNING CHICAGO METROPOLITAN FY2020-155 08/05/2019 FY 2020 LOCAL CONTRIBUTION 100-01-5410 997.04 Vendor CHICAGO METROPOLITAN AGENCY FOR PLANNING Total: 997.04 Vendor: CHUNG, KA LEUNG CHUNG, KA LEUNG 242897 08/05/2019 PGM CXL 100-41-3637 80.00 Vendor CHUNG, KA LEUNG Total: 80.00 Vendor: CLEAN SWEEP CLEAN SWEEP PS271821 08/05/2019 24-JUNESWEEPING 100-33-5110 8,855.00 Vendor CLEAN SWEEP Total: 8,855.00 Vendor: CURRAN CONTRACTING COMPANY CURRAN CONTRACTING 16904 08/05/2019 BINDER, CAPPING AFF 510-35-6110 471.50 Vendor CURRAN CONTRACTING COMPANY Total: 471.50 Vendor: DAVIS, NICOLE DAVIS, NICOLE 243075 08/05/2019 PGM REFUND 100-41-3637 60.00 Vendor DAVIS, NICOLE Total: 60.00 7/31/2019 1Z:19:17 PM Expense Approval Register Packet: APPKT01569 - 8-549 AP CKS Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: EDER CASELLA & CO EDER CASELLA & CO 30779 08/05/2019 PROGRESS BILL APRIL 30, 2019 230-00-5110 22,000.00 Vendor EDER CASELLA & CO Total: 22,000000 Vendor: ERB, STEPHANIE ERB, STEPHANIE INV0008533 08/05/2019 UNIFORM REIMB 100-22-4510 95,08 Vendor ERB, STEPHANIE Total: 95908 Vendor: FOX VALLEY FIRE & SAFETY FOX VALLEY FIRE & SAFETY IN279443 08/05/2019 RADIO MAINT 5/16/19- 225-00-5110 11345*50 Vendor FOX VALLEY FIRE & SAFETY Total: 1,345.50 Vendor: GLICK IV, HENRY W GLICK IV, HENRY W 5/15-5/24/19 08/05/2019 5/15-5/24/19 SOFTBALL 100-47-5110 125.00 GLICK IV, HENRY W 6/24/19-7/6/19 08/05/2019 6/24/19-7/6/19 SOFTBALL 100-47-5110 175.00 GLICK IV, HENRY W 7/7-7/22/19 08/05/2019 7/7-7/22/19 SOFTBALL 100-47-5110 75.00 Vendor GLICK IV, HENRY W Total: 375.00 Vendor: HRGREEN HRGREEN 128106 08/05/2019 RET PERS - OAKS AT IRISH 740-00-5220 2,409.25 HRGREEN 128107 08/05/2019 RET PERS - DIST 156 740-00-5220 1,840.00 HRGREEN 128108 08/05/2019 MILLSTREAM LIFTSTATION 510-32-8500 1,554.50 HRGREEN 128109 08/05/2019 RET PERS - D 15 740-00-5220 1,545.00 HRGREEN 128110 08/05/2019 RET PERS - C OF MCH TWNH OF 740-00-5220 360600 HRGREEN 128111 08/05/2019 RET PERS - CUNAT MCH PAT 740-00-5220 180600 HRGREEN 128112 08/05/2019 RET PERS - HEIDNER PRP SUBD 740-00-5220 360,00 HRGREEN 128136 08/05/2019 HOME AV/RAMBLE STORM 100-01-8900 12,914.00 HRGREEN 8-127836 08/05/2019 RT 120TO OJIBWA 440-00-8600 1,129.35 Vendor HRGREEN Total: 22,292.10 Vendor: JOHNSON, MONTE JOHNSON, MONTE INV0008549 08/05/2019 RECORDER REIMB 100-01-6940 8400 Vendor JOHNSON, MONTE Total: 8.00 Vendor: KLASEK, ROBERTJ KLASEK, ROBERTJ INV0008534 08/05/2019 PARKING REIMB 100-22-5420 4,00 Vendor KLASEK, ROBERT J Total: 4.00 Vendor: LAMZ, JASON LAMZ, JASON INV0008535 08/05/2019 BOOT REIMB 100-33-4510 173,02 Vendor LAMZ, JASON Total: 173.02 Vendor: LANGE, MICHAEL LANGE, MICHAEL INV0008536 08/05/2019 CDL REIMB 510-35-5430 65,00 Vendor LANGE, MICHAEL Total: 65.00 Vendor: LECHNER, ANDY LECHNER, ANDY INV0008537 08/05/2019 CDL REIMB 100-33-5430 65,00 Vendor LECHNER, ANDY Total: 65.00 Vendor: LPL FINANCIAL LPL FINANCIAL INV0008538 08/05/2019 56315377 7/10/19 760-00-5110 466.12 Vendor LPL FINANCIAL Total: 466.12 Vendor: MACE, DOUG MACE, DOUG INV0008539 08/05/2019 UNIFORM REIMB 510-31-4510 84.50 Vendor MACE, DOUG Total: 84.50 Vendor: MARTAM CONSTRUCTION INC MARTAM CONSTRUCTION INC 13034 08/05/2019 FOX RIDGE PARK 280-41-8800 67,035.13 Vendor MARTAM CONSTRUCTION INC Total: 67,035.13 Vendor: MCANDREWS PC, THE LAW OFFICE OF PATRICK MCANDREWS PC, THE LAW JULY 2019 08/05/2019 MTHLY LEGAL SVS JULY 2019 100-01-5230 4,000.00 Vendor MCANDREWS PC, THE LAW OFFICE OF PATRICK Total: 4,000.00 Vendor: MESIROW INSURANCE SERVICES INC MESIROW INSURANCE 1135384 08/05/2019 POL PENS FIDUCIARY LIAB 760-00-5110 4512.00 Vendor MESIROW INSURANCE SERVICES INCTotal: 4,512.00 7/31/2019 12:19:17 PM Expense Approval Register Packet: APPKT01569 - 8-5-19 AP CKS Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: MINUTEMAN PRESS OF MCH MINUTEMAN PRESS OF MCH 92717 08/05/2019 D GLICK BUS CARDS 100-04-5330 64.00 MINUTEMAN PRESS OF MCH 92736 08/05/2019 BUS CARDS -ALD DEVINE 100-02-5330 61.00 MINUTEMAN PRESS OF MCH 92766 08/05/2019 BUS RAMEL 100-02-5330 64.00 Vendor MINUTEMAN PRESS OF MCH Total: 189.00 Vendor: MOREFIELD, WILLIAM DERIK MOREFIELD, WILLIAM DERIK INV0008540 O8/05/2019 TRAVEL REIMB 100-01-5420 146.97 MOREFIELD, WILLIAM DERIK INV0008540 09/05/2019 TRAVEL REIMB 100-01-5420 431.96 Vendor MOREFIELD, WILLIAM DERIK Total: 578.93 Vendor: MUNICIPAL COLLECTION SERVICES INC MUNICIPAL COLLECTION 014684 6/30/19 08/05/2019 COLL 100-04-5110 421.87 MUNICIPAL COLLECTION 014685 08/05/2019 COLL 100-04-5110 649.80 Vendor MUNICIPAL COLLECTION SERVICES INCTotal: 11071.67 Vendor: NICOR GAS NICOR GAS INV0008541 08/05/2019 UTIL 100-43-5510 38.20 NICOR GAS INV0008541 08/05/2019 UTIL 100-45-5510 54.36 NICOR GAS INV0008541 08/05/2019 UTIL 100-46-5510 19.65 N I CO R GAS I NV0008541 08/05/2019 UTI L 400-00-5510 11584,69 NICOR GAS INV0008542 08/05/2019 UTIL 510-31-5510 668.93 NICOR GAS INV0008542 08/05/2019 UTIL 510-32-5510 11536.00 Vendor NICOR GAS Total: 3,901.83 Vendor: NOLAN, BRIDGETTE NOLAN, BRIDGETTE INV0008543 08/05/2019 MEAL REIMB 100-23-5420 22.53 Vendor NOLAN, BRIDGETTE Total: 22.53 Vendor: OTTOSEN BRITZ KELLY COOPER & GILBERT LTD OTTOSEN BRITZ KELLY COOPER 117742 08/05/2019 LABOR 100-01-5110 202.50 Vendor OTTOSEN BRITZ KELLY COOPER & GILBERT LTD Total: 202.50 Vendor: OWENS, JULIE OWENS, JULIE 243077 08/05/2019 PGM CXL 100-41-3637 60.00 Vendor OWENS, JULIE Total: 60.00 Vendor: OWSLEY, MIKE OWSLEY, MIKE INV0008544 08/05/2019 TOOL REIMB 100-33-4510 123.28 Vendor OWSLEY, MIKE Total: 123.28 Vendor: PRATHER,JAIMIE PRATHER,JAIMIE INV0008545 08/05/2019 UNIFORM REIMB 100-22-4510 154.33 Vendor PRATHER, JAIMIE Total: 154.33 Vendor: PROSHRED SECURITY PROSHRED SECURITY 990043285 08/05/2019 ADMIN SHRED 100-01-5110 230.00 Vendor PROSHRED SECURITY Total: 230.00 Vendor: RYBARCZYK, KART RYBARCZYK, KARI P108172 08/05/2019 OVERPYMT ON P TICKET 100-22-3510 10,00 Vendor RYBARCZYK, KARI Total: 10.00 Vendor: SANTOYO, DANIELLE SANTOYO, DANIELLE 242888 08/05/2019 REFUND 100-41-3636 10.00 SANTOYO, DANIELLE 242888 08/05/2019 REFUND 100-41-3637 13.75 Vendor SANTOYO, DANIELLE Total: 23.75 Vendor: STANARD & ASSOCIATES INC STANARD & ASSOCIATES INC SA41288 08/05/2019 EVAL-J STAINES, B BRITTAIN, D 100-21-5110 11185.00 Vendor STANARD & ASSOCIATES INC Total: 1,185.00 Vendor: SUNSET LOGISTICS LLC SUNSET LOGISTICS LLC 61409 08/05/2019 FOX RIVER DREDGING 100-01-8900 71560,00 Vendor SUNSET LOGISTICS LLC Total: 7,560.00 Vendor: SYNCB/AMAZON SYNCB/AMAZON 12317/10/19 ST O8/05/2019 MAT/SUPP PD 100-22-6210 586.35 Vendor SYNCB/AMAZON Total: 586.35 7/31/2019 12:19:17 PM Expense Approval Register Vendor Name Payable Number Vendor: TECHNOLOGY MANAGEMENT REV FUND TECHNOLOGY MANAGEMENT T1937122 Vendor: TRYBULA, JOSEPH TRYBULA,JOSEPH P108247 Vendor: VAOS, APRIL VAOS, APRIL 243062 Vendor: WINNEBAGO LANDFILL CO WINNEBAGO LANDFILL CO 4372 Vendor: WORKPLACE SOLUTIONS WORKPLACE SOLUTIONS INV17454 Vendor: XYLEM WATER SOLUTIONS USA INC XYLEM WATER SOLUTIONS USA 3556A66843 Vendor: ZIMMERMAN, BOB ZIMMERMAN, BOB INV0008546 Vendor: ZUKOWSKI ROGERS FLOOD & MCARDLE ZUKOWSKI ROGERS FLOOD & 138061 Packet: APPKTO1569 - 8-5-19 AP CKS Post Date Description (Item) Account Number Amount OS/OS/2019 MTHLY COMM 620-00-5110 10.00 Vendor TECHNOLOGY MANAGEMENT REV FUND Total: 10.00 08/05/2019 REFUND TICKET OVERAYMENT 100-22-3510 25.00 Vendor TRYBULA, JOSEPH Total: 25.00 08/05/2019 PGM CXL 100-41-3637 80.00 Vendor VAOS, APRIL Total: 80.00 08/05/2019 SLUDGE 510-32-5580 6,082.92 Vendor WINNEBAGO LANDFILL CO Total: 6,082.92 OS/05/2019 EAP SVS 7/1-7/31/19 100-01-5110 450.42 Vendor WORKPLACE SOLUTIONS Total: 450.42 OS/05/2019 FINAL PYMT MECH WK 510-32-5380 20,250,00 Vendor XYLEM WATER SOLUTIONS USA INC Total: 20,250.00 08/05/2019 UNIFORM REIMB 100-45-4510 48.48 Vendor ZIMMERMAN, BOB Total: 48.48 08/05/2019 CORP 100-01-5230 15,586.25 Vendor ZUKOWSKI ROGERS FLOOD & MCARDLE Total: 15,586.25 Grand Total: 2010220.07 7/31/2019 12:19:17 PM Expense Approval Register Packet: APPKT01569 - 8-549 AP CKS no Summary Fund Expense Amount 100- GENERAL FUND 64,333.62 225-ALARM BOARD FUND 1,345.50 230 -AUDIT EXPENSE FUND 22,000.00 280- DEVELOPER DONATION FUND 671035A3 400 - RECREATION CENTER FUND 1,584.69 440-CAPITAL IMPROVEMENTS FUND 1,129.35 510- WATER/SEWER FUND 32,109.41 620- INFORMATION TECHNOLOGY FUND 10000 740- RETAINED PERSONNEL ESCROW 6/694625 760- POLICE PENSION FUND 4,978.12 Grand Total: 201,220A7 McHenry, IL Vendor Name Payable Number Post Date Vendor: ALPHA BUILDING MAINTENANCE SERVICE INC ALPHA BUILDING 19520MRC 08/05/2019 Expense Approval Register #2 List of Bills Council Meeting &5-19 Description (Item) Account Number Amount monthlyjanitorialsevvices 400-00-5200 Vendor ALPHA BUILDING MAINTENANCE SERVICE INCTotal 2,080.00 2,080.00 Vendor: ANALYTICAL TECHNOLOGY INC ANALYTICAL TECHNOLOGY INC 418308 08/05/2019 CL Monitor- WTP 1 510-31-6110 31657,27 Vendor ANALYTICAL TECHNOLOGY INC Total: 3,657.27 Vendor: ARAMARK ARAMARK 21698118 08/05/2019 Clothing Allowance:Gorniak 100-45-4510 92.90 Vendor ARAMARK Total: 92.90 Vendor: ARIES INDUSTRIES INC ARIES INDUSTRIES INC 389564 08/05/2019 Camrea Tractor repair 510-35-5370 5,769.32 Vendor ARIES INDUSTRIES INC Total: 5,769.32 Vendor: AT&T AT&T 6201920077 08/05/2019 8155781029 620-00-5320 217.75 AT&T 6201920078 08/05/2019 8153632122 620-00-5320 1,746.85 AT&T 6201920079 08/05/2019 8153632129 620-00-5320 21869,87 AT&T 6201920080 08/05/2019 8157591360 620-00-5320 240.72 AT&T 6201920081 08/05/2019 8153637243 620-00-5320 242.22 AT&T 6201920082 08/05/2019 8153632662 620-00-5320 853.87 AT&T 6201920083 08/05/2019 8153632660 620-00-5320 318A3 AT&T 6201920084 08/05/2019 8153630782 620-00-5320 215.18 AT&T 6201920097 08/05/2019 8153859652 620-00-5320 255.50 AT&T 6201920098 08/05/2019 Z250014 620-00-5320 585.70 AT&T 6201920099 08/05/2019 Z991586 620-00-5320 585.70 AT&T 8153442792 08/05/2019 8153442792 620-00-5320 41.07 Vendor AT&T Total: 8,172.56 Vendor: AT&T AT&T 6201920096 08/05/2019 8310006572828 NOD 620-00-5110 21329,88 Vendor AT&T Total: 2,329.88 Vendor: AUTO TECH CENTERS INC AUTO TECH CENTERS INC 296354 08/05/2019 310 100-22-5370 647.75 Vendor AUTO TECH CENTERS INC Total: 647.75 Vendor: AXON ENTERPRISE INC AXON ENTERPRISE INC SI-1598174 08/05/2019 TASERAGREEMENT 100-22-5110 41464,00 Vendor AXON ENTERPRISE INC Total: 4,464.00 Vendor: BONNELL INDUSTRIES INC BONNELL INDUSTRIES INC 187920-IN O8/05/2019 couples loaders 100-33-5370 1,218.80 Vendor BONNELL INDUSTRIES INC Total: 17218280 Vendor: BUSS FORD SALES BUSS FORD SALES 6054329 08/05/2019 repair 132 100-45-5370 2,753.93 BUSS FORD SALES 6057543 08/05/2019 align 307 100-22-5370 99.95 BUSS FORD SALES 6057579 08/05/2019 align 317 100-22-5370 99.95 Vendor BUSS FORD SALES Total: 2,953.83 Vendor: CDW GOVERNMENT INC CDW GOVERNMENT INC SXB7671 08/05/2019 Quote KRXP764 - City Clerk 620-00-6270 605.53 Vendor CDW GOVERNMENT INC Total: 605.53 Vendor: CINTAS CINTAS 5014116289 08/05/2019 First Aid -Cabinet Refill 100-45-5110 61.47 Vendor CINTAS Total: 61.47 7/31/2019 12:27:39 PM Expense Approval Register Packet: APPKTO1570 - 8-549 RE CT INVOICE Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: CLARKE ENVIRONMENTAL MOSQUITO MGMT INC CLARKE ENVIRONMENTAL 1007391 08/05/2019 Fiesta Days Parks Mosquito 100-41-5110 200.00 Vendor CLARKE ENVIRONMENTAL MOSQUITO MGMT INCTotal: 200.00 Vendor: COMCAST CABLE COMCAST CABLE 6201920085 08/05/2019 CH Internet 620-00-5110 164.85 COMCAST CABLE 6201920086 08/05/2019 CH Cable TV 620-00-5110 73.08 COMCAST CABLE 6201920087 08/05/2019 Wastewater Internet & TV 620-00-5110 130.82 COMCAST CABLE 6201920088 08/05/2019 Public Works Internet & TV 620-00-5110 135.76 Vendor COMCAST CABLE Total: 504.51 Vendor: CONNOR CO CONNORCO S8622520.001 08/05/2019 Plumbing Supplies 100-45-6110 52.37 Vendor CONNOR CO Total: 52.37 Vendor: CONSERV FS CONSERV FS 65079976 08/05/2019 Landscape Supplies 100-45-6110 226.92 CONSERV FS 65080014 08/05/2019 Landscape Supplies 100-45-6110 355.56 Vendor CONSERV FS Total: 582.48 Vendor: CRESCENT ELECTRIC SUPPLY CO CRESCENT ELECTRIC SUPPLY CO S506713373.002 08/05/2019 Millstream Lift -Float Relays 510-32-5380 265.59 Vendor CRESCENT ELECTRIC SUPPLY CO Total: 265.59 Vendor: CURRAN CONTRACTING COMPANY CURRAN CONTRACTING 16824 08/05/2019 Capping Agg Ticket #30704 510-35-6110 145.40 Vendor CURRAN CONTRACTING COMPANY Total: 145.40 Vendor: DILLON, JOHN DILLON, JOHN INV0008547 08/05/2019 Clothing Reimbursement: John 100-45-4510 114.44 Vendor DILLON, JOHN Total: 114.44 Vendor: DURA WAX COMPANY INC, THE DURA WAX COMPANY INC, THE 401685 08/05/2019 Cleaning Supplies 100-45-6110 220.70 Vendor DURA WAX COMPANY INC, THE Total: 220.70 Vendor: EJ USA INC EJ USA INC 110190054086 08/05/2019 Fire Hydrants 510-35-6110 51824,94 Vendor EJ USA INC Total: 51824.94 Vendor: ELEVATOR INSPECTION SERVICE COMPANY, INC ELEVATOR INSPECTION 179 08/05/2019 ELEVATOR INSPECTION 100-03-5120 160.00 Vendor ELEVATOR INSPECTION SERVICE COMPANY, INC Total: 160.00 Vendor: FAST EDDIES CAR WASH FAST EDDIES CAR WASH 720-170 08/05/2019 DETAIL EXPLORER 100-22-5370 140.00 Vendor FAST EDDIES CAR WASH Total: 140.00 Vendor: FAULK BROS CONSTRUCTION INC FAULK BROS CONSTRUCTION 320378 08/05/2019 SportsField Supplies 100-45-6110 418.13 Vendor FAULK BROS CONSTRUCTION INC Total: 418.13 Vendor: FIRST STUDENT CORP FIRST STUDENT CORP 9296450 08/05/2019 Camp - Bus #3 100-46-5110 800.00 Vendor FIRST STUDENT CORP Total: 800.00 Vendor: FISCHER BROS FRESH FISCHER BROS FRESH 11700 08/05/2019 Curb/Sidewalk 3937 Main St 100-33-6110 652.50 FISCHER BROS FRESH 11709 08/OS/2019 Sidewalk 3937 Main #11709 100-33-6110 642.00 FISCHER BROS FRESH 11716 08/05/2019 Sidewalk 3937 Main St #11716 100-33-6110 642.00 FISCHER BROS FRESH 11749 08/05/2019 Approach Kensington/Silbury 100-33-6110 616.75 FISCHER BROS FRESH 11795 08/05/2019 Curb Maple St #11795 100-33-6110 305.50 FISCHER BROS FRESH 11847 08/05/2019 Curb Green/Broad #11847 510-35-6110 436.00 FISCHER BROS FRESH 11863 08/05/2019 Curb Sandburg/Abbington 100-33-6110 370.75 Vendor FISCHER BROS FRESH Total: 3,665.50 Vendor: FOUNDATION FIRE PROTECTION INC FOUNDATION FIRE 19-525 08/05/2019 FIRE INSPECTION AND 100-03-5120 450.00 Vendor FOUNDATION FIRE PROTECTION INC Total: 450.00 7/31/2019 12:27:39 PM Expense Approval Register Vendor Name Payable Number Vendor: FOXCROFT MEADOWS INC FOXCROFT MEADOWS INC 55338 Vendor: FUN EXPRESS LLC FUN EXPRESS LLC Vendor: GALLS LLC GALLS LLC GALLS LLC GALLS LLC GALLS LLC GALLS LLC GALLS LLC GALLS LLC GALLS LLC GALLS LLC GALLS LLC GALLS LLC GALLS LLC GALLS LLC GALLS LLC GALLS LLC GALLS LLC GALLS LLC GALLS LLC GALLS LLC GALLS LLC GALLS LLC GALLS LLC 697141998-01 13052538 13052548 13063514 13063648 13074636 13076933 13077012 13085881 13094027 13102933 13153716 13177777 13181445 13184423 13195865 13213812 13218193 13220652 13221270 13228690 13240497 13242289 Vendor: GARAVENTA USA INCANTIOCH GARAVENTA USA INC ANTIOCH 51546 Vendor: GOLD MEDAL PRODUCTS GOLD MEDAL PRODUCTS 357425 GOLD MEDAL PRODUCTS 357671 Vendor: HALOGEN SUPPLY COMPANY HALOGEN SUPPLY COMPANY 538487 Vendor: HAWKINS INC HAWKINS INC 4537688 Vendor: HERITAGE -CRYSTAL CLEAN LLC HERITAGE -CRYSTAL CLEAN LLC 15772884 HERITAGE -CRYSTAL CLEAN LLC 15772930 Vendor: HRGREEN HRGREEN 128105 HRGREEN. 128105A Vendor: HUNTLEY PARK DISTRICT HUNTLEY PARK DISTRICT 7162019 Vendor: ILLINOIS ENVIRONMENTAL PROTECTION AGENCY ILLINOIS ENVIRONMENTAL INV0008548 Post Date 08/OS/2019 08/OS/2019 08/OS/2019 O8105/2019 OS105/2019 OS105/2019 08/05/2019 OS/05/2019 08/05/2019 08/05/2019 08/05/2019 08/05/2019 08/05/2019 OS/05/2019 08/05/2019 08/05/2019 OS/05/2019 OS/05/2019 08/05/2019 08/05/2019 08/05/2019 08/05/2019 08/05/2019 08/05/2019 OS/OS/2019 Packet: APPKT01570 - 8-549 RE CT INVOICE Description (Item) Account Number Amount Landscape Supplies 100 45 6110 Vendor FOXCROFT MEADOWS INC Total: Parade Candy UNIFORM ORDER UNIFORM ORDER- P.PRATHER UNIFORM ORDER- POPP UNIFORM ORDER- NEW HIRE UNIFORM ORDER-CONWAY NEW HIRE UNIFORM ORDER UNIFORM ORDER NEW HIRES UNIFORM ORDER- MCKEEN UNIFORM ORDER- PROMO UNIFORM ORDER UNIFORM ORDER -ADAMS UNIFORM ORDER UNIFORM ORDER- WALSH UNIFORM ORDER - ADAMS UNIFORM ORDER -AALTO UNIFORM ORDER -ADAMS UNIFORM ORDER- MCMEEN UNIFORM ORDER- KINNEY UNIFORM ORDER-CONWAY UNIFORM ORDER- L.COX UNIFORM ORDER - J.PRATHER UNIFORM ORDER - KINNEY 100-42-6110 Vendor FUN EXPRESS LLC Total: 100-23-4510 100-22-4510 100 22-4510 100 22-6110 100-22-4510 100-22-6110 100 22-6110 100 22-4510 100-22-6110 100-22-6110 100-22-4510 100 22-6110 100 22-4510 100-22-4510 100-22-4510 100 22-4510 100 23-4510 100-22-4510 100-22-4510 100-23-4510 100-22-4510 100-22-4510 Vendor GALLS LLC Total: Lift CAT #5 Test #51546 100-33-5115 Vendor GARAVENTA USA INC ANTIOCH Total: 08/OS/2019 Conc-Food 100-44-6110 08/OS/2019 Conc-Food 100-44-6110 Vendor GOLD MEDAL PRODUCTS Total: 08/OS/2019 Shock &Algaecide 100-42-6110 Vendor HALOGEN SUPPLY COMPANYTotal: OS/OS/2019 Chemical Delivery 510-32-6110 Vendor HAWKINS INC Total: 08/05/2019 solvent tank 100-33-5370 08/OS/2019 solvent tank sewer 510-32-5370 Vendor HERITAGE -CRYSTAL CLEAN LLC Total: 08/OS/2019 OS/OS/2019 08/OS/2019 OS/OS/2019 Review new title com for City Well8 Bid Docs#128105 100-30-5110 510-31-5110 Vendor HRGREEN Total: Trip -Hawthorne Race Course 100-46-5110 Vendor HUNTLEY PARK DISTRICT Total: Annual NPDES FY-2020 Billing 510-32-5110 Vendor ILLINOIS ENVIRONMENTAL PROTECTION AGENCYTotal: 132.60 132.60 84.11 84.11 47.73 92.45 40.65 85.36 37.55 9.34 9.95 29.18 11.53 11.22 153.12 43.30 99.75 16.23 97.27 172.49 126.15 33.77 34.98 125.10 208.25 170.00 1,655.37 1,284.50 1,284.50 248.00 45.00 293.00 345.25 345.25 41513,60 4,513.60 217.86 217.86 435.72 112.50 11080.00 1/192050 160.00 160.00 15,000400 15,000.00 7/31/2019 12:27:39 PM Expense Approval Register Packet: APPKT01570 - 8-5-19 RE CT INVOICE Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: IN -PIPE TECHNOLOGY COMPANY INC IN -PIPE TECHNOLOGY 1556 08/05/2019 Monthly service fee 510-32-5110 71750,00 Vendor IN -PIPE TECHNOLOGY COMPANY INC Total: 71750.00 Vendor: INTERSTATE BILLING SERVICE INC INTERSTATE BILLING SERVICE 3015659933 08/05/2019 403 100-33-5370 33.48 INTERSTATE BILLING SERVICE 3015659978 08/05/2019 brakes 413 100-33-5370 11321,80 INTERSTATE BILLING SERVICE 3015781905 08/05/2019 lock tab 413 100-33-5370 19.98 INTERSTATE BILLING SERVICE 3015800189 08/05/2019 sensors 413 100-33-5370 220.00 INTERSTATE BILLING SERVICE 3015897874 08/05/2019 404 100-33-5370 595A8 Vendor INTERSTATE BILLING SERVICE INC Total: 2,190.74 Vendor: JETTS HEATING & AIR INC JETTS HEATING & AIR INC 3186946 08/05/2019 Studio 2 AC repair 400-00-5110 315.00 Vendor JETTS HEATING &AIR INC Total: 315.00 Vendor: JG UNIFORMS INC JG UNIFORMS INC 56920 08/05/2019 UNIFORM ORDER NEW HIRES 100-22-6110 49.95 JG UNIFORMS INC 56921 08/05/2019 UNIFORM ORDER NEW 100-22-6110 89.80 JG UNIFORMS INC 56930 08/05/2019 UNIFORM ORDER -AALTO 100-22-4510 156.81 JG UNIFORMS INC 56987 08/05/2019 RESTOCKING FEE BODY ARMOR 100-22-6270 161.00 JG UNIFORMS INC 57254 08/05/2019 UNIFORM ORDER -A. BIRK 100-22-4510 146.00 JG UNIFORMS INC 57373 08/05/2019 UNIFORM ORDER- POPP 100-22-4510 43.50 Vendor JG UNIFORMS INC Total: 647.06 Vendor: KIMBALL MIDWEST KIMBALL MIDWEST 7254333 08/OS/2019 stock 100-33-6110 261.45 KIMBALL MIDWEST 7269390 08/OS/2019 stock 100-33-6110 209.93 KIMBALL MIDWEST 7269402 08/05/2019 bolts stock 510-35-5370 59.11 KIMBALL MIDWEST 7285219 08/05/2019 stock 100-33-6110 358.96 Vendor KIMBALL MIDWEST Total: 889AS Vendor: LAFARGE NORTH AMERICA LAFARGE NORTH AMERICA 710890698 08/05/2019 CM-6 virgin grade 9 167558602 100-33-6110 106.25 LAFARGE NORTH AMERICA 710890698A 08/05/2019 CM-6 virgin grade 9167558606 100-33-6110 107.19 LAFARGE NORTH AMERICA 710890698E 08/05/2019 CM-11 wash stone 16755510 100-33-6110 124.16 LAFARGE NORTH AMERICA 710900781 08/05/2019 CM-6 Virgin Grade 9 100-33-6110 98.42 LAFARGE NORTH AMERICA 710921957 08/05/2019 FM-2 Sand 167559424 510-35-6110 58.72 LAFARGE NORTH AMERICA 710921957A 08/05/2019 FM-2 Sand 167559440 510-35-6110 57.84 LAFARGE NORTH AMERICA 710931342 08/05/2019 Parking lot Maintenence 100-45-6110 106.65 LAFARGE NORTH AMERICA 710931343 08/05/2019 Parking lot Maintenence 100-45-6110 691.88 LAFARGE NORTH AMERICA 710954308 08/05/2019 CM-6 virgin grade 9 167560420 100-33-6110 103.28 LAFARGE NORTH AMERICA 710978364 08/05/2019 CM-6 virgin grade 9 167560937 510-35-6110 104.09 LAFARGE NORTH AMERICA 710978365 08/05/2019 FM-2 Sand 167561187 510-35-6110 71.52 LAFARGE NORTH AMERICA 710989320 08/05/2019 CM-11 wash stone 167561506 100-33-6110 120.32 LAFARGE NORTH AMERICA 710989320A O8/05/2019 CM-6 Virgin Grade 9 100-33-6110 92.75 Vendor LAFARGE NORTH AMERICA Total: 1,843.07 Vendor: LIFEGUARD STORE INC, THE LIFEGUARD STORE INC, THE 1219-524 08/05/2019 Champ Caps 100-47-6110 504.50 Vendor LIFEGUARD STORE INC, THE Total: 504.50 Vendor: MARKS TREE SERVICE & SNOW PLOWING CORP MARKS TREE SERVICE & SNOW STSSS417 08/05/2019 tree removal creek 100-33-6950 5/000600 Vendor MARKS TREE SERVICE & SNOW PLOWING CORP Total: 5,000.00 Vendor: MASTERVIEW MASTERVIEW 1219-532 08/05/2019 Dance -Videos 100-46-6110 601.02 Vendor MASTERVIEW Total: 601.02 Vendor: MCCANN INDUSTRIES INC MCCANN INDUSTRIES INC P01177 08/05/2019 448 100-33-5370 224.00 MCCANN INDUSTRIES INC W00313 08/05/2019 saw repair 100-33-5370 614.79 Vendor MCCANN INDUSTRIES INC Total: 838.79 Vendor: MCHENRY SPECIALTIES MCHENRY SPECIALTIES 2019-459 08/05/2019 awards for river run and big 100-46-6920 103.50 7/31/2019 12:27:39 PM Expense Approval Register Vendor Name Payable Number MCHENRY SPECIALTIES 2019-459 MCHENRY SPECIALTIES 2019-568 Vendor: MELROSE PYROTECHNICS INC MELROSE PYROTECHNICS INC 22369 Vendor: MID AMERICAN WATER OF WAUCONDA INC MID AMERICAN WATER OF 210043W MID AMERICAN WATER OF 210174W MID AMERICAN WATER OF 210224W Vendor: MIDWEST HOSE AND FITTINGS INC MIDWEST HOSE AND FITTINGS M26249 Vendor: MIDWEST METER INC MIDWEST METER INC 0113145-IN MIDWEST METER INC 113217-IN Vendor: MULCH CENTER, THE MULCH CENTER, THE 79414 MULCH CENTER, THE 82341 Vendor: NCL OF WISCONSIN INC NCLOF WISCONSIN INC 426148 NCL OF WISCONSIN INC 426149 Vendor: NORTH EAST MULTI -REGIONAL TRAINING INC NORTH EAST MULTI -REGIONAL 258644 Vendor: NORTHWESTTRUCKS INC NORTHWESTTRUCKS INC 01P549510 NORTHWEST TRUCKS INC 01P550176 Vendor: OFFICIAL FINDERS LLC OFFICIAL FINDERS LLC 9101 OFFICIAL FINDERS LLC 9161 OFFICIAL FINDERS LLC 9206 Vendor: OTTER SALES &SERVICE INC OTTER SALES &SERVICE INC 1018528 Vendor: PENZE,IACQUELINE S PENZE, JACQUELINE S Vendor: PETROCHOICE LLC PETROCHOICE LLC PETROCHOICE LLC PETROCHOICE LLC PETROCHOICE LLC PETROCHOICE LLC PETROCHOICE LLC PETROCHOICE LLC PETROCHOICE LLC PETROCHOICE LLC PETROCHOICE LLC PETROCHOICE LLC Packet: APPKTO1570 - 8-549 RECT INVOICE Post Date Description (Item) Account Number Amount 08/05/2019 awards for river run and big 100-47-6920 168.00 08/05/2019 Softball Plaques 100-47-6110 175.00 Vendor MCHENRY SPECIALTIES Total: 446.50 08/OS/2019 Fireworks Display 2019 100-41-6920 Vendor MELROSE PYROTECHNICS INC Total 08/OS/2019 Saw blades 510-35-6270 08/05/2019 ADS Culvert pipe 100-33-6110 OS/05/2019 Bolts 510-35-6110 Vendor MID AMERICAN WATER OF WAUCONDA INC Total: 08/OS/2019 2" Lay flat hose 510-32-6110 Vendor MIDWEST HOSE AND FITTINGS INC Total 15,000.00 15,000.00 464.00 65.00 115.80 644.80 08/OS/2019 Inv#0113145-IN 510-31-6110 385.98 OS/05/2019 Inv#0113217/B - (3) M70 510-31-6110 219.94 Vendor MIDWEST METER INC Total: 605.92 OS/OS/2019 Landscape Supplies 100-45-6110 124.00 08/05/2019 Landscape Supplies 100-45-6110 220.00 Vendor MULCH CENTER, THE Total: 344.00 08/OS/2019 Lab Supplies 510-32-6110 484.09 08/OS/2019 Ammonia Nitrogen Probe 510-32-6110 681.04 Vendor NCL OF WISCONSIN INC Total: 1,165.13 OS/OS/2019 FIREARMS TRAINING-STAINES 100-22-5430 75.00 Vendor NORTH EAST MULTI -REGIONAL TRAINING INCTotal: 75.00 08/OS/2019 817 510-35-5370 17.05 08/OS/2019 817 510-35-5370 294.64 Vendor NORTHWEST TRUCKS INC Total: 311.69 08/05/2019 June Invoice 100-47-5110 315.00 08/05/2019 Softball Invoice 9161 100-47-5110 70.00 08/05/2019 invoice 9206 100-47-5110 350.00 Vendor OFFICIAL FINDERS LLC Total: 735.00 08/05/2019 sickle bar 449 100-33-5370 490.00 Vendor OTTER SALES & SERVICE INC Total: 490.00 6/3-7/1/19 08/OS/2019 Cont-Ballroom Dance 100-46-5110 375.00 Vendor PENZE, JACQUELINE S Total: 375.00 10958301 08/05/2019 fue110958301 510-35-6250 581.59 10973639 O8/OS/2019 Fuel 100-45-6250 694.46 10979480 O8/OS/2019 Fuel 100-45-6250 496.06 10988457 08/05/2019 FUEL BILL 100-03-6250 191.69 10988460 08/05/2019 Fuel 100-45-6250 673.14 10992881 08/05/2019 FUEL BILL 100-03-6250 92.63 10992882 09/05/2019 fue110992882 510-32-6250 357.86 10992883 08/05/2019 fue110992883 510-31-6250 225.94 10992884 08/05/2019 Fuel 100-45-6250 435.45 10992885 08/05/2019 fuel10992885 100-33-6250 818.75 10992886 08/05/2019 FUEL10992886 100-22-6250 11034,36 7/31/2019 12:27:39 PM Expense Approval Register Packet: APPKT01570 - 8-549 RE CT INVOICE Vendor Name Payable Number Post Date Description (Item) Account Number Amount PETROCHOICE LLC 1100**68 08/05/2019 FUEL11009968 100-22-6250 21366,12 PETROCHOICE LLC 11001546 08/05/2019 fuel11001546 510-35-6250 262,18 PETROCHOICE LLC 11001563 08/05/2019 FUEL BILL 100-03-6250 85,92 PETROCHOICE LLC 11001564 08/05/2019 fuel 11001564 510-32-6250 371,32 PETROCHOICE LLC 11001565 08/05/2019 fuel 11001565 510-31-6250 371.52 PETROCHOICE LLC 11001566 08/05/2019 Fuel 100-45-6250 530,80 PETROCHOICE LLC 11001567 08/05/2019 fuel11001567 100-33-6250 11213,56 PETROCHOICE LLC 11001569 08/05/2019 FUEL11001569 100-22-6250 31188,94 PETROCHOICE LLC 11009950 08/05/2019 fue111009950 510-35-6250 24234 PETROCHOICE LLC 11009964 08/05/2019 fuel 510-32-6250 356694 PETROCHOICE LLC 11009965 08/05/2019 fuel 11009965 510-31-6250 20139 PETROCHOICE LLC 11009966 08/05/2019 Petrochoice/Fuel 100-45-6250 58839 PETROCHOICE LLC 11009967 08/05/2019 fuel11009967 100-33-6250 11360a53 PETROCHOICE LLC 11016315 08/05/2019 fuel11016315 510-35-6250 144,60 PETROCHOICE LLC 11016330 08/05/2019 fueI1116330 510-32-6250 49933 PETROCHOICE LLC 11016331 08/05/2019 fue111016331 510-31-6250 171,56 PETROCHOICE LLC 11016332 08/05/2019 Fuel 100-45-6250 601.29 Vendor PETROCHOICE LLC Total: 18,159.46 Vendor: PETTIBONE & CO, P F PETTIBONE & CO, P F 177041 08/05/2019 CITATIONS 100-22-6210 497.25 Vendor PETTIBONE & CO, P F Total: 497.25 Vendor: PITEL SEPTIC INC PITEL SEPTIC INC 16531 08/05/2019 Portable Toilet Rentals 100-45-5110 75.00 PITEL SEPTIC INC 16730 08/05/2019 Portable Toilet Rentals 100-45-5110 337.50 PITEL SEPTIC INC 16868 08/05/2019 Portable Toilet Rentals 100-45-5110 11087,50 PITEL SEPTIC INC 16916 08/05/2019 Portable Toilet Rentals 100-45-5110 731,25 PITEL SEPTIC INC 17025 08/05/2019 Portable Toilet Rentals 100-45-5110 475.00 PITEL SEPTIC INC 17094 08/05/2019 Portable Toilet Rentals 100-45-5110 11625*00 PITEL SEPTIC INC 17124 08/05/2019 Portable Toilet Rentals 100-45-5110 675.00 PITEL SEPTIC INC 17287 08/05/2019 Portable Toilet Rentals 100-45-5110 11870,00 Vendor PITEL SEPTIC INC Total: 6,876.25 Vendor: PURICH, CHRISTINE PURICH, CHRISTINE 1219-530 08/05/2019 Cont - Drama Camp 100-46-5110 350,00 PURICH, CHRISTINE 1219-546 08/05/2019 Cont- Drama Camp Supplies 100-46-5110 30.00 Vendor PURICH, CHRISTINE Total: 380.00 Vendor: QUALITY TIRE SERVICE QUALITY TIRE SERVICE 54680 08/05/2019 tire repair 449 100-33-5370 13837 QUALITY TIRE SERVICE 54735 08/05/2019 flat repair 510-35-5370 61.70 QUALITY TIRE SERVICE 54748 08/05/2019 635 510-32-5370 81.16 Vendor QUALITY TIRE SERVICE Total: 281.23 Vendor: REINDERS INC REINDERS INC 1784655-00 08/05/2019 Vehicle Repairs 100-45-5370 124,54 REINDERS INC 1792113-00 08/05/2019 starter145 100-45-5370 143.18 REINDERS INC 1793970-00 08/05/2019 Vehicle Repairs 100-45-5370 205,47 Vendor REINDERS INC Total: 47119 Vendor: RUSSO POWER EQUIPMENT RUSSO POWER EQUIPMENT 6242257 08/05/2019 Small Equipment 100-45-6270 205.56 Vendor RUSSO POWER EQUIPMENT Total: 205.56 Vendor: SENCOMMUNICATIONS INC SENCOMMUNICATIONS INC IN0949077 08/05/2019 HEADSET REPAIR 100-23-6110 25.00 Vendor SENCOMMUNICATIONS INC Total: 25.00 Vendor: SMITH ECOLOGICAL SYSTEMS INC SMITH ECOLOGICAL SYSTEMS 22291 08/05/2019 Inv#22291 510-31-6110 71300 Vendor SMITH ECOLOGICAL SYSTEMS INC Total: 71300 Vendor: STANS LPS MIDWEST STANS LPS MIDWEST 346537 08/05/2019 Inv 346537 620-00-6210 566.74 Vendor STANS LPS MIDWESTTotal: 56634 7/31/Z019 12:27:39 PM Expense Approval Register Vendor Name Payable Number Vendor: STATE FIRE MARSHAL STATE FIRE MARSHAL 5125103455 Vendor: SUNNYSIDE COMPANY SUNNYSIDE COMPANY 104832 Vendor: THELEN MATERIALS LLC THELEN MATERIALS LLC 374928 Vendor: THOMPSON ELEVATOR INSPECTION SERV INC THOMPSON ELEVATOR 19-2164 Vendor: ULTRA STROBE COMMUNICATIONS INC ULTRA STROBE 075999 ULTRA STROBE 76019 Vendor: USA BLUEBOOK USA BLUEBOOK 941364 Vendor: WATER PRODUCTS - AURORA WATERPRODUCTS-AURORA 0288990 Vendor: WONDER LAKE WATER SKI SHOW TEAM, ORG WONDER LAKE WATER SKI 1219-480 Packet: APPKT01570 - 8-5-19 RECT INVOICE Post Date Description (Item) Account Number Amount 08/OS/2019 ELEVATOR INSPECTION 100-03-5120 75.00 Vendor STATE FIRE MARSHAL Total: 75.00 OS/05/2019 repair 490 100-33-5370 760.80 Vendor SUNNYSIDE COMPANY Total: 760.80 08/05/2019 Grade:9 Boat Launch 100-45-6110 129.81 Vendor THELEN MATERIALS LLC Total: 129.81 08/05/2019 Elevator inspection PW Facility 100-33-5115 185.00 Vendor THOMPSON ELEVATOR INSPECTION SERV INC Total: 185.00 08/05/2019 INSTALL PARTITION 326 100-22-5370 2,142.25 08/05/2019 REMOVE CAMERA 319 100-22-5370 200.00 Vendor ULTRA STROBE COMMUNICATIONS INC Total: 2,342.25 OS/05/2019 Floats 510-32-5380 652.47 Vendor USA BLUEBOOK Total: 652.47 08/05/2019 Tapping sleeves Bid ID 5062090 510-35-6110 3,344.19 Vendor WATER PRODUCTS - AURORA Total: 3,344.19 08/05/2019 Ski Clinic 100-42-5110 450.00 Vendor WONDER LAKE WATER SKI SHOW TEAM, ORG Total: 450.00 Grand Total: 147,685.87 7/31/2019 12:27:39 PM Expense Approval Register Packet: APPKT01570 - 8-549 RE CT INVOICE Fund Summary Fund 100-GENERAL FUND 400 - RECREATION CENTER FUND 510- WATER/SEWER FUND 620 - INFORMATION TECHNOLOGY FUND 7/31/2019 12:27:39 PM Grand Total: Expense Amount 761695,98 21395,00 56,415*67 12,179.22 147,685*87 LAW OFFICES ZUKOWSKI, ROGERS, FLOOD & WARDLE 50 VIRGINIA STREET CRYSTAL LAKE, ILLINOIS 60014 DAVID W. McARDLE dmcardle 0azrfinlaw.com July 22, 2019 Mayor and City Council c/o City Administrator City of McHenry 333 S. Green Street McHenry, Illinois 60050 Re: City Ethics Issues Dear Mayor and Council: (815)459-2050 FAX (815)459-9057 www.7rfm.law.coni As you may know, the City Code includes provisions dealing with required state laws regulating "prohibited political activities" and "gift bares, see attached, pages 1-9 (pages are numbered at the bottom right hand corner of the copies attached —not electronic numbered pages). You may also recall, earlier this year, the City was notified that it, along with most other cities and villages in the County, have not previously appointed anyone to the position of Ethics Advisor nor has it appointed an Ethics Commission. Both of these actions are required by state law. However, after the City was notified of these deficiencies, during a discussion with the County State's attorney and County Board Chairman, the City was notified that the State's attorney was in the process of revising the County ethics code and the State's attorney suggested that the County could be in positions to handle all Ethics complaints via an IGA with all the cities and villages who were interested. The City was relying on McHenry County to amend its Ethics Ordinance to provide for a county -wide ethics commission, which is why this matter has remained dormant. However, on or about July 1 ph, a written complaint was received involving ethics allegations, see attached, pages 308-337. When this was received, I contacted the county to determine the status of the County's proposed regulation. The County's-draft ordinance, attached, is scheduled for County Board Action on August 20cn The County's draft ordinance regulates prohibited political activities and gift bans similar to the City Code of Ethics (Section 2-55(D) Prohibited Political Activities and Section 2-55(E) Gift Bans) but goes beyond these two areas mandated by state law. It also regulates the following: 1. Nepotism, Packet Pg. 320-321: Regulates hiring, promoting, or appointing relatives. 2. Conflicts of Interest, Packet Pg. 321: No employee or officer can engage in an official act in which there may be a conflict of interest where the employee or officer may be financially interested or personally advantaged. ZUKOWSKI, ROGERs, FLOOD & WARDLE Mayor and City Council c/o City Administrator City of McHenry July 22, 2019 Page 2 3. Future Employment, Packet Pg. 321: No employee or officer may accept or discuss future employment if it is compensation for an official action or the offer of employment was made to influence official action. 4. Fraud. Waste, and Abuse, Packet Pg. 321: No employee or officer will engage in fraud, waste, or abuse (generally defined as a materials false representation, statement, or concealment for personal gain, an act done in official capacity in excess of lawful authority for personal gain, or an act expressly forbidden by law). The state statute requires an ordinance or resolution establishing a policy to prohibit sexual harassment. This is also included in the County's draft ordinance: 5. Prohibition on Sexual Harassment, Packet Pg. 318-320: As you can see, the County goes beyond what state law requires regarding ethics regulations; i.e., prohibited political activities, gift bans and sexual harassment. To move forward with the 7/11 ethics complaint, the City needs to either 1) appoint an Ethics Advisor and Ethics Commissioners, and handle the complaint, or 2) adopt the County's Ethics Ordinance and procedure, once approved. If the City decides to move forward with its own process, the Mayor would need to appoint an Ethics Advisor pursuant to Section 2-55(F) of the City's Code and three Ethics Commissioners pursuant to Section 2-55(G) of the Code, each to be approved by the City Council. Copies of these sections are attached, pages 338-341. The motions for the August 5th agenda would be: Motion to appoint as the City's Ethics Advisor. Motion to appoint the following individuals as the City's Ethics Commissioners: 1. 2. 3. and, If the City decides to move forward with the County"s process, the City would need to pass a resolution and enter into an intergovernmental agreement as set forth in Table 1 of the County's draft ordinance (Packet Pg. 327-332). The City would have to adopt the draft ordinance in its entirety (not just the sections on prohibited political activities, gift bans and sexual harassment). The motion for the August 5th agenda would be: ZUKowsia, ROGERs, FLOOD & WARDLE Mayor and City Council c/o City Administrator City of McHenry July 22, 2019 Page 3 Motion to direct City staff to prepare a resolution and intergovernmental agreement with McHenry County to adopt the McHenry County Ethics Ordinance, once adopted by the County. Because the County's action on the proposed Ordinance is not being heard until August 20th, the resolution and 1GA could not be approved until the September 3rd City Council meeting. Due to the pending complaint, the City may want to move forward with its own process at this time and consider adoption of the McHenry County Ethics Ordinance at a later date. Very truly yours, tr 1 l—� David W. McArdle DWM:hh Enclosures Z: WMcHenryCityofLEthicsComm.07-22-19_doc ---� 27 _ l ,dx 2/ 15 •_ S M5 15. Participating in any recount or challenge to the outcome of any el ction. "Prohibited Source" means any person or entity who: is seeking official action (i) by an Officer or (ii) by an Employee, or by the Officer or another Employee directing that Employee; 2. does business or seeks to do business (i) with the Officer or (ii) with an Employee, or with the Officer or another Employee directing that Employee; 3. conducts activities regulated (i) by the Officer or (ii) by an Employee, or by the Officer or another Employee directing that Employee; or 4. has interests that may be substantially affected by the performance or non-performance of the official duties of the Officer or Employee. "Relative" means those people related to the Officer or Employee as father, mother, son, daughter, brother, sister, uncle, aunt, great aunt, great uncle, first cousin, nephew, niece, husband, wife, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, daughter- in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, and including the father, mother, grandfather, or grandmother of the Officer's or Employee's spouse and the Officer's or Employee's fiance or fiancee. D. Prohibited Political Activities: 1. - No Officer or Employee shall intentionally perform any prohibited Political Activity during any Compensated Time, as defined herein. No Officer or Employee shall intentionally use any property or resources of the City in connection with any Prohibited Political Activity. 2. At no time shall any Officer or Employee intentionally require any other Officer or Employee to perform any Prohibited Political Activity (i) as part of that Officer or Employee's duties, (ii) as a condition of employment, or (iii) during any Compensated Time off (such as holidays, vacation or personal time off). 3. No Officer or Employee shall be required at any time to participate in any Prohibited Political Activity in consideration for that Officer or Employee being awarded additional compensation or any benefit, whether in the form of a salary adjustment, bonus, compensatory time off, continued employment or otherwise, nor shall any Officer or Employee be awarded additional compensation or any benefit in consideration for his or her participation in any Prohibited Political Activity. 4. Nothing in this Section prohibits activities that are permissible for an Officer or Employee to engage in as part of his or her official duties, or activities that are undertaken by an Officer or Employee on a voluntary basis which are not prohibited by this Section. 2/15 5. No person either: (i) in a position that is subject to recognized merit principles of public employment; or (ii) in a position the salary for which is paid in whole or in part by federal funds and that is subject to the Federal Standards for a Merit System of Personnel Administration applicable to grant-in-aid programs, shall be denied or deprived of employment or tenure solely because he or she is a member or an officer of a political committee, of a political party, or of a -—�'sliiial Organization or club. �/E. Gift Ban: i _....... ......... -- Except as permitted by this Section, no Officer or Employee, and no spouse of or immediate family member living with any Officer or Employee (collectively referred to herein as "recipients"), shall intentionally solicit or accept any gift from any Prohibited Source, as defined herein, or which is otherwise prohibited by law or ordinance. No Prohibited Source shall intentionally offer or make a gift that violates this Section. Exceptions: Section 2-55-E.1 is not applicable to the following: Opportunities, benefits, and services that are available on the same conditions as for the general public. Anything for which the Officer or Employee, or his or her spouse or immediate family member, pays the fair market value. Any (a) contribution that is lawfully made under the Election Code; or (b) activities associated with a fund- raising event in support of a Political Organization or candidate. Educational materials and missions. Travel expenses for a meeting to discuss business. A gift from a Relative. Anything provided by an individual on the basis of a personal friendship unless the recipient has reason to believe that, under the circumstances, the gift was provided because of the official position or employment of the recipient or his or her spouse or immediate family member and not because of the personal friendship. In determining whether a gift is provided on the basis of personal friendship, the recipient shall consider the circumstances under which the gift was offered, such as: (a) the history of the relationship between the individual giving the gift and the recipient of the gift, including any previous exchange of gifts between those individuals; (b) whether to the actual knowledge of the recipient the individual who gave the gift personally paid for the gift or sought a tax deduction or business reimbursement for the gift; and (c) whether to the actual knowledge of the recipient the individual who gave the gift also at the same time gave the same or similar gifts to other Officers or Employees, or their spouses or immediate family members. Food or refreshments not exceeding $75 per person in value on a single calendar day; provided that the food or refreshments are (i) consumed on the premises from which they were purchased or prepared or (ii) catered. For the purposes of this Section, "catered" means food or refreshments that are purchased ready to consume which are delivered by any means. 29 (31) 7/22/2019 5 ILCS 4301 State Officials and Employees Ethics Act <.. _, seate ..., r i.:a;c : vlap Bills & Resolutions Illinois Compiled Statutes Compiled Statutes Back to Article Listing Public Acts Search Guide Disclaimer Printer -Friendly Version Public Acts Information maintained by the Legislative Reference Bureau Legislative Reports Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon IL Constitution after they become law. For information concerning the relationship between statutes and Public Acts, Legislative Guide refer to the Guide. Legislative Glossary Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version Search By Number of the law that is currently, in effect may have already been removed from the database and you (example: HB0001) should refer to that Public Act to see the changes made to the current law. -........................................................ ..i Go Search Tips GENERAL PROVISIONS EH...::.:" (5 ILCS 430/) State Officials and Employees Ethics Act. Search By Keyword - .-...._ ___.._..... ....... __..., (5 ILCS 430/Art. 70 heading) Go '= ARTICLE 70 Search Tips GOVERNMENTAL ENTITIES (Source: P.A. 93-615, eff. 11-19-03.) Advanced Search (5 ILCS 430/70-5) Sec. 70-5. Adoption by governmental entities. (a) Within 6 months after the effective date of this Act, each governmental entity other than a community college district, and each community college district within 6 months ' M - after the effective date of this amendatory Act of the 95th General Assembly, shall adopt an ordinance or resolution that in less than Section 5-15 and regulates, a manner no restrictive Article 10 of this Act, (i) the political. activities of officers 90 b� and employees of the governmental entity and (ii) the soliciting rt.tt.....,... and accepting of gifts by and the offering and making of gifts to officers and employees of the governmental entity. No later than 60 days after the effective date of this amendatory Act of the 100th General Assembly, each governmental unit shall adopt an ordinance or resolution establishing a policy to prohibit sexual harassment. The policy shall include, at a minimum: (i) a prohibition on sexual harassment; (ii) details on how an individual can report an allegation of sexual harassment, including options for making a confidential report to a supervisor, ethics officer, Inspector General, or the Department of Human Rights; (iii) a prohibition on retaliation for reporting sexual harassment allegations, including availability of whistleblower protections under this Act, the Whistleblower Act, and the Illinois Human Rights Act; and (iv) the consequences of a violation of the prohibition on sexual harassment and the consequences for knowingly making a false report. (b) Within 3 months after the effective date of this f, amendatory Act of the 93rd General Assembly, the Attorney General shall develop model ordinances and resolutions for the purpose of this Article. The Attorney General shall advise www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=000504300HArt%2E+70&Act[D=2529&ChapterlD=2&SegStan=8400000&SegEnd=8900000 1 /2 7/22/2019 5 ILCS 430/ State Officials and Employees Ethics Act. governmental entities on their contents and adoption. (c) As used in this Article, (i) an "officer" means an elected or appointed official; regardless of whether the official is compensated, and (ii) an "employee" means a full- time, part-time, or contractual employee. (Source: P.A. 100-554, eff. 11--16-17.) (5 ILCS 430/70-10) Sec. 70-10. Penalties. A governmental entity may provide in the ordinance or resolution required by this Article for penalties similar to those provided in this Act for similar conduct. (Source: P.A. 93-615, eff. 11-19-03.) (5 ILCS 430/70-15) Sec. 70-15. Home rule preemption. This Article is a denial and limitation of home rule powers and functions in accordance with subsection -(i) of Section 6 of Article VII of the Illinois Constitution. A home rule unit may not regulate the political activities of its officers and employees and the soliciting, offering, accepting, and making of gifts in a manner less restrictive than the provisions of Section 70-5. (Source: P.A. 93-615, eff. 11-19-03; 93-617, eff. 12-9-03.) (5 ILCS 430/70-20) Sec. 70-20. Members appointed by a county. In addition to any other applicable requirement of law, any member of a governmental entity appointed by the president or chairperson of the county board, or by any member or members of the county board, with or without the advice and consent of the county board, shall abide by the ethics laws applicable to, and the ethics policies of, that county and, if applicable, shall be subject to the jurisdiction of that county's ethics officer or inspector general. (Source: P.A. 98-457, eff. 8-16-13; 98-894, eff. 1-1-15.) ToP_ Home I Legislation & Laws I House I Senate j My Legislation I Disclaimers I Email This site is maintained for the Illinois General Assembly by the Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706 diw217-782-3944 217-782-2050 (�) aHv!E , � InforrrcaHan'9ystem. www.ilga.gov/legislationflcs/iles4.asp?DoeName=000504300HArt%2E+70&ActlD=2529&ChapterlD=2&SegStart=8400000&SegEnd=8900000 212 7/22/2019 5 ILCS 430/ State Officials and Employees Ethics Act. (f) The ethics training provided under this Act by State agencies under the control of the Governor shall include the requirements and duties of State officers and employees under Sections 50-39, 50-40, and 50-45 of the Illinois Procurement Code. (Source: P.A. 100-43, eff. 8-9-17.) (5 ILCS 430/5-10.5) Sec. 5-10.5. Sexual harassment training. (a) Each officer, member, and employee must complete, at least annually beginning in 2018, a sexual harassment training program. A person who fills a vacancy in an elective or appointed position that requires training under this Section must complete his or her initial sexual harassment training program within 30 days after commencement of his or her office or employment. The training shall include, at a minimum, the following: (i) the definition, and a description, of sexual harassment utilizing examples; (ii) details on how an individual can report an allegation of sexual harassment, including options for making a confidential report to a supervisor, ethics officer, Inspector General, or the Department of Human Rights; (iii) the definition, and description of, retaliation for reporting sexual harassment allegations utilizing examples, including availability of whistleblower protections under this Act, the Whistleblower Act, and the Illinois Human Rights Act; and (iv) the consequences of a violation of the prohibition on sexual harassment and the consequences for knowingly making a false report. Proof of completion must be submitted to the applicable ethics officer. Sexual harassment training programs shall be overseen by the appropriate Ethics Commission and Inspector General appointed under this Act. (b) Each ultimate jurisdictional authority shall submit to the applicable Ethics Commission, at least annually, or more frequently as required by that Commission, a report that summarizes the sexual harassment training program that was completed during the previous year, and lays out the plan for the training program in the coming year. The report shall include the names of individuals that failed to complete the required training program. Each Ethics Commission shall make the reports available on its website. (Source: P.A. 100-554, eff. 11-16-17.) (5 ILCS 430/5-15) Sec. 5-15. Prohibited political activities._ a State employees shall not intentionally perform any prohibited political activity during any compensated time (other than vacation, personal, or compensatory time off). State employees shall not intentionally misappropriate any State property or resources by engaging in any prohibited political activity for the benefit of any campaign for elective office or any political organization. (b) At no time shall any executive or legislative branch constitutional officer or any official, director, supervisor, or State employee intentionally misappropriate the services of any State employee by requiring that State employee to perform any prohibited political activity (i) as part of that employee's State duties, (ii) as a condition of State employment, or (iii) during any time off that is compensated by the State (such aE vacation, personal, or compensatory time off). (c) A State employee shall not be required at any time tc participate in any prohibited political activity it consideration for that State employee being awarded any additional compensation or employee benefit, in the form of a salary adjustment, bonus, compensatory time off, continuec 611, www.ilga.gov/legislation/ilcsfilcs4.asp?DocName=000504300HArt%2E+5&ActlD=2529&ChapterlD=2&SegStart=500000&SegEnd=1900000 3110 7/22/2019 5 ILCS 4301 State Officials and Employees Ethics Act. employment, or otherwise. (d) A State employee shall not be awarded any additional compensation or employee benefit, in the form of a salary adjustment, bonus, compensatory time off, continued employment, or otherwise, in consideration for the State employee's participation in any prohibited political activity. (e) Nothing in this Section prohibits activities that are otherwise appropriate for a State employee to engage in as a part of his or her official State employment duties or activities that are undertaken by a State employee on a voluntary basis as permitted by law. (f) No person either (i) in a position that is subject to recognized merit principles of public employment or (ii) in a position the salary for which is paid in whole or in part by federal funds and that is subject to the Federal Standards for a Merit System of Personnel Administration applicable to grant-in- aid programs, shall be denied or deprived of State employment or tenure solely because he or she is a member or an officer of a political committee, of a political party, or of a political organization or club. (Source: P.A. 93-615, eff. 11-19-03.) (5 ILCS 430/5-20) Sec. 5-20. Public service announcements; other promotional material. (a) Beginning January 1, 2004, no public service announcement or advertisement that is on behalf of any State administered program and contains the proper name, image, or voice of any executive branch constitutional officer or member of the General Assembly shall be (i) broadcast or aired on radio or television, (ii) printed in a commercial newspaper or a commercial magazine, or (iii) displayed on a billboard or electronic message board at any time. (b) The proper name or image of any executive branch constitutional officer or member of the General Assembly may not appear on any (i) bumper stickers, (ii) commercial billboards, (iii) lapel pins or buttons, (iv) magnets, (v) stickers, and (vi) other similar promotional items, that are not in furtherance of the person's official State duties or governmental and public service functions, if designed, paid for, prepared, or distributed using public dollars. This subsection does not apply to stocks of items existing on the effective date of this amendatory Act of the 93rd General Assembly. (c) This Section does not apply to communications funded through expenditures required to be reported under Article 9 of the Election Code. (Source: P.A. 97-13, eff. 6-16-11.) (5 ILCS 430/5-30) Sec. 5-30. Prohibited offer or promise. (a) An officer or employee of the executive or legislative branch or a candidate for an executive or legislative branch office may not promise anything of value related to State government, including but not limited to positions in State government, promotions, salary increases, other employment benefits, board or commission appointments, favorable treatment in any official or regulatory matter, the awarding of any public contract, or action or inaction on any legislative or regulatory matter, in consideration for a contribution to a political committee, political party, or other entity that has as one of its purposes the financial support of a candidate for elective f• office. 44�� (b) Any State employee who is requested or directed by an www.ilea.gov/legislationlifcslilcs4.asp?DocName=000504300HArt%2E+5&ActlD=2529&ChapterlD=2&SegStart=500000&SegEnd=1900000 4110 7/22/2019 51LCS 4301 State Officials and Employees Ethics Act. ='mc ¢suiwtk-_n _ - w W�tiateNkcilfeo WN ;,Llt i-ArYr- Bills & Resolutions Illinois Compiled Statutes Compiled Statutes Back to Article Listing Public Acts Search Guide Disclaimer Printer -Friendly Version Public Acts Information maintained by the Legislative Reference Bureau Legislative Reports Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon IL Constitution after they become law. For information concerning the relationship between statutes and Public Acts, Legislative Guide refer to the Guide. Legislative Glossary Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version Search By Number of the law that is currently in effect may have already been removed from the database and you (example: HB0001) should refer to that Public Act to see the changes made to the current law. _._.._, GENERAL PROVISIONS Go i Search Tipp (5 ILCS 430/) State Officials and Employees Ethics Act. Search By Keyword _._....__...._......_......_.................` (5 ILCS 430/Art 10 heading) ;q;.1 ARTICLE 10 Search Tips GIFT BAN (Source: P.A. 93-61'-, eff. 12-9-03.) Advanced Search .._.......__ _ (5 ILCS 430/10-10) Sec. 10-10. Gift ban. Except as otherwise provided in this Article, no officer, member, or State employee shall r i�ai?:ii.a ::....:: WJ intentionally solicit or accept any gift from any prohibited source or in violation of any federal or State statute, rule, or regulation. This ban applies to and includes the spouse of and immediate family living with the officer, member, or State employee. No prohibited source shall intentionally offer or. make I ° a gift that violates this Section. (Source: P.A. 93-617, eff. 12-9-03.) (5 ILCS 430/10-15) Sec. 10-15. Gift ban; exceptions. The restriction in Section 10-10 does not apply to the following: (1) Opportunities, benefits, and services that are available on the same conditions as for the general public. (2) Anything for which the officer, member, or State employee pays the market value. (3) Any (i) contribution that is lawfully made under the Election Code or under this Act or (ii) activities associated with a fundraising event in support of a political organization or candidate. (4) Educational materials and missions. This exception may be further defined by rules adopted by the appropriate ethics commission or by the Auditor General for the Auditor General and employees of the Office of the Auditor General. (5) Travel expenses for a meeting to discuss State business. This exception may be further defined by rules adopted by the appropriate ethics commission or by the f www.ilga.gov/legislation/ilcslilcs4.asp?DocName=000504300HArt%2E+10&ActID=2529&ChapterlD=2&SegStart=1900000&SegEnd=2400000 113 7/22/2019 5 ILCS 4301 State Officials and Employees Ethics Act. Auditor General for the Auditor General and employees of the Office of the Auditor General. (6) A gift from a relative, meaning those people related to the individual as father, mother, son, daughter, brother, sister, uncle, aunt, great aunt, great uncle, first cousin, nephew, niece, husband, wife, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, and including the father, mother, grandfather, or grandmother of the individual's spouse and the individual's fiance or fiancee. (7) Anything provided by an individual on the basis of a personal friendship unless the member, officer, or employee has reason to believe that, under the circumstances, the gift was provided because of the official position or employment of the member, officer, or employee and not because of the personal friendship. In determining whether a gift is provided on the basis of personal friendship, the member, officer, or employee shall consider the circumstances under which the gift was offered, such as: (i) the history of the relationship between the individual giving the gift and the recipient of the gift, including any previous exchange of gifts between those individuals; (ii) whether to the actual knowledge of the member, officer, or employee the individual who gave the gift personally paid for the gift or sought a tax deduction or business reimbursement for the gift; and (iii) whether to the actual knowledge of the member, officer, or employee the individual who gave the gift also at the same time gave the same or similar gifts to other members, officers, or employees. (8) Food or refreshments not exceeding $75 per person in value on a single calendar day; provided that the food or refreshments are (i) consumed on the premises from which they were purchased or prepared or (ii) catered. For the purposes of this Section, "catered" means food or refreshments that are purchased ready to eat and delivered by any means. (9) Food, refreshments, lodging, transportation, and other benefits resulting from the outside business or employment activities (or outside activities that are not connected to the duties of the officer, member, or employee as an office holder or employee) of the officer, member, or employee, or the spouse of the officer, member, or employee, if the benefits have not been offered or enhanced because of the official position or employment of the officer, member, or employee, and are customarily provided to others in similar circumstances. (10) Intra--governmental and inter -governmental gifts. For the purpose of this Act, "intra-governmental gift" means any gift given to a member, officer, or employee of a State agency from another member, officer, or employee of the same State agency; and "inter -governmental gift" means any gift given to a member, officer, or employee of a State agency, by a member, officer, or employee of another State agency, of a federal agency, or of any governmental entity. (11) Bequests, inheritances, and other transfers at death. (12) Any item or items from any one prohibited source during any calendar year having a cumulative total value of www.ilga.govlleqislation/ilcsClcs4.asp?DocName=000504300HArt0lo2E+10&ActlD=2529&ChapterlD=2&SegStart=1900000&SegEnd=2400000 2/3 7/22/2019 5 ILCS 4301 State Officials and Employees Ethics Act less than $100. Each of the exceptions listed in this Section is mutually exclusive and independent of one another. (Source: P.A. 93-617, eff. 12-9-03.) (5 ILCS 430/10-30) Sec. 10-30. Gift ban; disposition of gifts. A member, officer, or employee does not violate this Act if the member, officer, or employee promptly takes reasonable action to return the prohibited gift to its source or gives the gift or an amount equal to its value to an appropriate charity that is exempt from income taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, as now or hereafter amended, renumbered, or succeeded. (Source: P.A. 93-617, eff. 12-9-03.) (5 ILCS 430/10-40) Sec. 10-40. Gift ban; further restrictions. A State agency may adopt or maintain policies that are more restrictive than those set forth in this Article and may continue to follow any existing policies, statutes, or regulations that are more restrictive or are in addition to those set forth in this Article. (Source: P.A. 93-617, eff. 12-9-03.) Home I Legislation & Laws j House I Senate I My Legislation J Disclaimers I Email This site is maintained for the Illinois General Assembly by the Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706 217-782-3944 217-782-2050(TTY) !.-'Tormztran 5ysiam. C) www.ilea.aov/lecislationhicsfilcs4.asp7DocName=000504300HArt%2E+10&ActlD=2529&ChapterlD=2&SegStart=1900000&SegEnd=2400000 3/3 PIP U § 2.64.010 PURPOSE. A. The Illinois General Assembly has enacted the State Officials and .l rnployees Ethics Act, as amended, (hereinafter the "Act"), which is a comprehensive revision of State statutes regulating ethical conduct, political activities, the solicitation and acceptance of gifts by State officials and employees, and prohibiting sexual harassment. B. The Act requires all units of local government to adopt ordinances or resolutions regulating the political activities of, and the solicitation. and acceptance of gifts by, the officers and employees of such units and prohibiting sexual harassment "in a. manner no less restrictive" than. the provisions of the .Act. C. The clear intention of the Act to require units of local government to implement regulations that are at least as restrictive as those contained in the Act, and to impose penalties for violations of those regulations that are equivalent to those imposed by the..Act, notwithstanding that such penalties may exceed the general authority granted to units of local govenniTaent to penalize ordinance violations. D. The clear intention of the Act to provide units of local government. with all authority necessary to. implement its requirements on the local level regardless of any general limitations on the power to define and punish ordinance violations that might otherwise be applicable. 1?. In addition, the County of McHenry and other units of local governmentdesire to adopt an ordinance regulatin ; ethical conduct in addition to die ,conduct set forth in the Act and to impose penalties for violations of those additional regulations. (Ord. 0-201205-12-027, § 1, passed 5-15-2012) § 2.64.020 DEFINITIONS. For purposes of this Ordinance, the following words and terms shall be given the meaning as defined in this section of this Ordinance. A. "Appointee" means anyone appointed to a governmental board, commission, committee, or other entity by the Mcl-lenry County Board, the Chair of the McHenry County Board, or such other governmental entity adopting this Ordinance and agreeing to be bound by its terms pursuant to § 2.64.040(A)(1) herein. B. "Business day" shall refer to Monday through Friday except for days in which the McHenry County Government Center is closed in observance of designated holidays set by the Mcllenry County Board. or other closures. C. "Business entity" means the actual organization or any person to which a governmental entity subject to this Ordinance has awarded a contract or to which such contract is 6/19/19 Draft — Clean Copy F'ACMt Pc f18 to be awarded and. includes any of the organizatioWs principals, relatives of the organization's principals or the individual, and any other.legal entities in. which those principals or relatives have a controlling interest or have control over the disbursement of farads of the organization or individual. D. "Campaign for elective office" means any activity in furtherance of an effort to influence the selection, nomination, election, or appoimment of any individual to any federal, state, or local public office or office in a political organization, or the selection, nomination, or election of Presidential or Vice -Presidential electors, but "campaign.for elective office' does not include activities relating to the support or opposition of any executive, legislative, or administrative. action, relating to collective bargaining, or that are otherwise in furtherance of the person's official duties. E. "Candidate" means a person who has filed nomi t3ating papers or petitions for nomination or election to an elected office, or who has been appointed to ill a vacancy in nomination, and who remains eligible for placement on the ballot at a regular election, as defined in § 1-3 of the Election Code (10111. Comp. Stat. 5/1-3). F. "Collective bargaining" has the same meaning as that tern is defined in § 3 of the Illinois Public Labor Relations Act (5111. Comp. Stat. 315/3). G. "Commission" means an Ethics Commission created by this Ordinance. IL "Compensated time" means, with respect to an employee, any time worked by or credited to the employee that coinits toward any minimum work time requirement imposed as a condition of his or her employment, but for purposes of this :ordinance; does not include any designated holidays, vacation periods., personal time, break.time, compensatory time off, FMLA, military leave, or any period when the employee is on. a leave of absence. With respect to employees whose hours are not fixed, "compensated time" includes any period. of time when the officer is on premises under the control of the employer and any other time when the officer or employee is executing his or her official duties, regardless of location. T. "Compensatory time off ' means authorized time off earned by or awarded to an. employee to compensate in whole or in part for time worked in excess of the m ninium work time required of that employee as a condition. of his or her employment. J. "Contribution" has the same meaning as that term is defined in § 9-1.4 of the :Election Code (10 III. Comp. Stat. 5/9-1.4). K. ".Days" means calendar days unless otherwise specified. L. ".ire Minimis" means trifling, trivial, minimal, or of little significance. M. "Employee" paeans: 6/19/19 Draft— Clean. Copy L a person employed full -tine, part-time, or pursuant to a contract and I whose employment: duties are subject to the direction and control. of the County of McHenry with regard to the material details of how the work is to be performed, but not employed by an officer; 2. a person employed frll-time, park -time, or pursuant to a contract and whose employment duties are subject to the direction and control of another governmental entity adopting this Ordinance and agreeing to be bound by its tennis pursuant to § 2.64.040(A)(1) herein with. regard to the material details of how the work is to be pe;n:formed; 3. employee does not include. an independent contractor; 4. employee does not include the staffs of the State's Attorney or the Circuit Clerk., as these staffs are employed by a State officer. Court Administration, tlne Associate e) and Circuit Judges of the 2214 Judicial Circuit are not subject to this Ordinance as they ' are exclusively regulated by the Illinois Supreme Court. However, the State's Attorney, w the Circuit Clerk, and the Chief Judge may adapt this Ordinance pursuant to § 2.64.040(A)(2) herein and subject his or her staff to this Ordinance and, tlierefore, an employee pursuant to this definition. N. "Employee of an officer" means a person employed by an officer. 4M O. " Lunployer" means the. County of McHenry or such other governmental entity adopting this Ordinance and agreeing to be bound by its terms pursuant to § 2.64.040(A)(1) herein. P. "Fraud, waste, or abuse" means 1) a material false representation of fact, a material false statement, or the concealment of material information in. an official capacity and intended to result in. personal. gain; 2) an act done: in an official capacity in excess of lawful. authority and intended to result in personal gain; or, 3).an act expressly forbidden by law. Q. "Frivolous complaint" means a complaint that, when the allegations are taken as true and liberally construed, fails to present even a limited amount of detail; a complaint that lacks and arguable basis either in law or in fact; or, a complaint that is being presented for any improper purpose such as to harass an employee, employee of an officer, or officer. The number of complaints filed may be taken into consideration. A complaint does not have to state a claim in its entirety, legal arguments or citation to legal authority. R.. "Gift" means any gratuity, discount, entertainment, hospitality; loan, forbearance, or other tangible or intangible item having monetary value including, but not limited to, cash, food and drink., and honoraria for speaking engagements related to or attributable to a govertiment employment or the officialposition of an officer or employee. S. "Governmental entity" rneanns any legislative, executive, adininistrative, judicial, or advisory bodies of the State, state universities and colleges, counties, countywide officials, 6/19/1.9 Draft --- Clean Copy townships, cities, villages, incorporated towns, school districts and all other municipal corporations, boards, bureaus, committees, or commissions of this State:or another, any subsidiary bodies of any of the foregoing including but not l imited to committees and subcommittees thereof. T. "Leave of absence" means any period during which an employee does not receive: I. compensation for employment, 2. service credit towards pension benefits, and. 3, health insurance benefits paid for by the employer. U. "Officer" means a person who holds, by election or appointment, including an appointee, an office created by statute or ordinance, regardless of Nvhetber the officer is compensated for service in his or her official capacity. The State's Attorney and. the Circuit Clerk are not subject to this Ordinance as they are State, not County, officers. Court Administration, the Associate and Circuit Judges of the 22nd Judicial. Circuit are not subject to this Ordinance as they are exclusively regulated by the Illinois Supreme Court. However, the State's Attorney, the Circuit Clerk, and. the Chief Judge may adopt this Ordinance pursuant to § 2.64..040(A)(2) herein and, therefore, an officer pursuant to this definition. V.. "Political. activity" means any activity in support of or in connection with any campaign for elective office or any political organization, but does not include activities: l . relating to the support or opposition of any executive, legislative, or administrative action, 2. relating to collective bargaining, or 3. that are otherwise in fuz-therance of the person's official duties. Wi "Political organization" means a party, committee, association, fund, or other organization (whether or not incorporated) that is required to file a statement of organization with the State Board.. of Elections or a county clerk under § 9-3 of the Election Code (10111. Comp. Stat. 5/9-3), but only with regard to those activities that require filing with the State Board of Elections or a county clerk. X. "Principals" shall mean any of the officers. of a business entity and any person or entity with a seven and a half. percent (7.5%) or greater ownership interest. Y. "Probable cause" means facts that would lead a reasonable person to believe that the respondent was committing or had committed the violation. Z. "Prohibited political activity" means: 6/19/19 Draft — Clean Copy 'M7�iAa 1. Preparing for, organizing, or participating in any political meeting, political rally, political demonstration, or other political event. 2. Soliciting contributions, including but not limited to the purchase of, selling, distributing, or receiving payment for tickets for any political fundraiser, political nnec;ting, or other political event. 3. Soliciting, planning the solicitation of, or preparing any document or report regarding anything of value intencled as a campaign contribution. 4. Planning, conducting, or participating in a public opinion poll in. connection with a campaign for elective office or on behalf of a political organization for political purposes or for or against any referendum question. 5. Surveying or gathering information from potential or actual voters in an election to determine probable vote outcome in connection with a campaign for elective office or on behalf of a political organization for political proposes or for or against any referendum question. G. Assisting at the polls on Election Day on behalf of any political organization or candidate for elective office or for or against any referendum question. 7. Soliciting votes on behalf of a. candidate for elective office or a political organization or for or against any referendumn question or helping in an effort to get voters to the polls. 8. Initiating for circulation, preparing,,circulating, reviewing, signing or filing any petition on behalf of a candidate for elective office or for or against any referendurn question. 9. Making contributions on behalf of any candidate for elective office inn that capacity or in connection with a campaign for elective office. 14. Preparing or reviewing responses to candidate questionnaires in connection with a. campaign for elective .office or on. behalf of a political organizationfor political purposes. 1 l., Distributing, preparing for distribution, or mailing campaign literature, campaign signs, or other campaign.material on behalf of any candidate for elective office or for or against any referendum question. 12. Campaigning for any elective office or for or against any referendum question. 13. Managing or working on a campaign for elective office or ,for or against any referendum question. 6/19119 Draft — Clean Copy 14. Serving as a delegate,. alternate, or proxy to a political party convention. 15. Participating in any recount or challenge to the outcome of any election. AA "Prohibited source" means any person or entity who: 1. is seeking official action.: a a. by an officer or , b. by an employee, or by the officer or another employee directing that employee; does business or seeks to do business: v cs a. with the officer or, b. with an employee, or with the officer or another employee directing that employee; 3. conducts activities regulated: a. by the officer or b. by an employee, or by the officer or another cnzployee directing that. employee; or 4. has. interests that may be substantially affected by the performance of non- performance cif the official duties of the officer or employee. BB. "Relative' means any person related to the individual as spouse (including any analogous relationship recognized by law), parent, child, brother, sister, grandparent, grandchild, first cousin, aunt, uncle, great aunt, great uncle, niece, nephew, father-in-law, inother-in-.law, son-in-law; daughter-in-law, .brother-in-law, sister-in-law, stepparent, stepchild, stepbrother, stepsister, half-brother, or half-sister; the parent or grandparent of the individual's spouse (including any analogous relationship recognized by law)and the individual's f aned or fiancee;, or household member. (Ord.. 0-201205-12-027; § 2, passed 5-I5-2012) § 2.64.030 NON -ELECTIVE AND ELECTIVE PROVISIONS. A. Non -Elective Provisions: §§ 2.64.050 Prohibited Political Activities, 2.64.060 GY! Ban, crud 2. 64. 070 Prohibition on Sexual Harassment. Pursuant to the Article 70 of the 6/19/19 Draft —Clean Copy State Officials and Employees Ethics Act, 5 ILCS 430/70, each unit of local government (including a community college district) or a school district shall adopt an ethics ordinance or resolutions regulating the political activities of its employees, employees of officers, and officers as has been adopted in § 2.64.050 Prohibited Political ,Activities of this Ordinance, the solicitation and acceptance of gifts by its employees,. employees of officers, and officers as has been adopted in § .2.64.060 Gift Ban of this Ordinance, and the prohibition of sexual harassment by its employees, employees of officers, and officers as has been adopted in § 2.64.070 Prohibition on Sexual Harassment of this Ordinance. Therefore, pursuant:to the Act and this Ordinance enacted by the McHenry County .Board, all employees, employees of officers (except the State's Attorney's and the Circuit Clerk's employees), and officers (except the State's Attorney and the Circuit Clerk) are subject to §§ 2.64.050 Prohibited. Political Activities, 2.64.060 Gift Ban, and 2.64.070 Prohibition on Sexual Harassment. B: Elective Provisions: §§ 2. Fi4.080 .Nepotism, 2, 64.090 Cogfltcts of Interest, 2. 64..100 .Fmire ErnPlcryment, and 2..64.110 Fraud, Waste, or Abuse. McHenry County desired to adopt: an ordinance regulating favoritism in hiring by its employees, employees of officers, and officers as has been. adopted in § 2.64.080 Nepotism of this Ordinance, conflicts of interest by its employees, employees of officers, and officers as has been adopted in § 2.64.090 Conflicts of Interest of this Ordinance, political gains through future employment as has been adopted in § 2.64,1. 00 Future Employment of this Ordinance, and prohibiting fraud, waste, and abuse as has been adopted in § 2,64.110 Fraud, Waste, or Abuse. Therefore, pursuant to this Ordinance enacted by the McHenry County Board, all employees are subject to §§ 2.64.080 Nepotism, 2.64.090 Conflicts of Interest, 2.64.100 Future Employment, and 2.64.1 I0 Fraud, Waste, or Abuse. All officers (including, but not limited to, the Auditor, the Circuit Clerk, the Coroner, the County Clerk, the County Recorder, the Chair of the McHenry .County Board; the Sheriff, the State's Attorney, and the Treasurer) may elect that he or she and the employees of the officer be subject to §§ 2,64.080 Nepotism, 2.64.090 Conflicts of Interest, 2.64.100 Future Employment, and 2,64.110 Fraud, Waste, or Abuse by adopting this Ordinance in accordance with § 2.64.040 Adoption of Ordinance. § 2.64.040 ADOPTION OF ORDINANCE. A. adoption of Non Elective and Elective Provisions. To adopt this Ordinance in its entirety: 1. A unit of local government (including a community college district) or school district shall pass a written resolution and enter into an Intergovernmental Agreement with Mellemuy County agreeing to be bound by the terms of this Ordinance in its entirety and provide a copy of said resolution to the State's Attorney,, the Ethics Commission, and the Ethics Advisor. A :form. resolution and intergovernmental agreement are set forth in Table 1 hereto. The Ethics Commission shall cause a copy of said resolution to be transmitted to the members of the McIlenry County Board, and the Chair of the McHenry County Board. 6/19/19 Draft — Clean Copy 2. The State's Attorney, the Circuit Clerk, and/or the Chief Judge may detennine in writing that he or she and his or her employees will bound by the terms of this Ordinance in its entirety and provide a copy of said written documentation to the State's Attorney, as applicable, the Ethics Commssion, and the Ethics Advisor. A forth election is set forth in Table 2 hereto. The Ethics Commission shall cause a copy of said written documentation to be transmitted to the members of the McHenry County Board, and the Chair of the McHenry County Board. B. Adoplion of Elective Provisions. An officer (including, but nnot.lirnited to, the Auditor, the Coroner, the County Clerk, the County Recorder, the Sheriff, and the Treasurer) may determine in writing that he or she and his or her employees will be bound by the elective provisions of this Ordinance — §§ 2.64.080 Nepotism, 2.64.090 Conflicts of Interest, 2.64.100 Future Employment, and 2.64.110 Fraud, Waste, or Abuse -- said provide said written documentation to the State's Attorney, the Ethics Commission, and the Ethics Advisor. A. form. election is set forth in. Table 3 hereto. The Ethics Conunission shall cause a copy of said written documentations to be transmitted to the members of the McHenry County Board and the Chair of the Mcllenry County Board. C. Discontinuance of.Adcption. 1. The State's Attorney, Circuit Clerk,: and the Chief Judge who has previously adopted this Ordinance pursuant to §2.64.040(A)(2) may discontinue the application of this Ordinance by innforudng the McHenry County Board, the Chair of the McHemy County Board, members of the Ethics Commission, and the Ethics Advisor in writing that he or she no longer wishes to be bound by the terns of this Ordinance. 2. The officer who has previously adopted this Ordinance pursuant to §2.64.040(B) may discontinue the application of the elective provisions of this Ordinance by informing the McHenry County Board, the Chair of the McHenry County Board, members ofthe :Ethics Commission, and. the Ethics Advisor in writing that lie or she no longer wishes to be bound by the elective terms of this Ordinance. 3. After the State's Attorney, Circuit Clerk:, Chief Judge, or an officer discontinues the adoption of this Ordinance, he or she and his or her employees retrain subject to this Ordinance and its penalties provisions for any and all conduct performed prior to said. di *mtinita"nce. § 2.64.0_ P11 CDHIBITED POLITICAL ACTIVI A. , No employee, employee of an officer, or an officer shall intentionally perform any prohibited political activity during any compensated time, as defined herein, that is more than de milihznis in the context of the activity. No officer or employee. shall intentionally use any property or resources of the County of McHenry in connection with any prohibited political activity that is more than de mininais in the context of the use. 6/19/19 Draft — Clean Copy B, At no time shall any employee, employee of an officer, or an officer intentionally require any other employee, employee of. an .officer, or an officer to perform ally prohibited political activity: 1. as part of that employee, employee of an officer, or officer's duties, 2. as a condition of employment, or 3. during any compensated time off (such as holidays, vacation or personal time off). C. No employee, employee of an officer, or an officer shall be required at any time to participate in, any prohi bited. political activity in consideration for that employee, employee of an officer, or an. officer being awarded additional. compensation or any benefit,, whether in the form. of a salary adjustment, bonus, con�pensaton, time off, continued employment or otherwise, nor shall any employee, employee of an officer, or an officer be awarded additional compensation or any benefit in consideration for his or her participation iii any prohibited political activity, D. Nothing in this Section prohibits activities that are permissible for aft employee, employee of an officer, or an officer to engage in as part of his or her official duties; or activities that are undcrtalcen by an employee, employee of an. officer, or an officer on a voluntary basis that are not prohibited by this Ordinance. E. No person either: 1. in a position that.is subject to recognized merit principles of public employment or 2. in. a position the salary for which is paid in whole or in part by federal funds and that is subject to the Federal Standards for a Merit System of Personnel Administration applicable to grant-in-aid programs, shall be denied. or deprived of employment or tenure solely because he or she is a member or an officer of a political committee, of a political party, or of a political organization or club. (Ord. 0�201205-12-027, 3, passed 5-15-2012) CGIFT BAN. A: I~xcept as permitted by this Section, no employee, employee of an officer, an officer, his or her spouse (including any analogous relationship recognized by la-vv), nor his or her household niernbers ""at the behest of floe employee, employee of an officer, or an officer shall intentionally solicit or accept any _gift from any prohibited source, .as defined hereiii, or which. is otherwise prohibited by law or ordinance. Except as permitted by this Section, no relative of an employee, relative of an employee of an officer, nor relative of an officer shall, at. 6/19/19 Draft ---Clean Copy the behest of the employee, employee of an officer, or officer, intentionally solicit or accept any gift from any prohibited source, as defined hca'ei.n, or which is otherwise prohibited by law or ordinance. No prohibited source shall intentionally offer or make a gift that violates. this Section. B. The following exceptions do not violate the gift. ban: 1. Opportunities, benetits, and, services available on the same conditions as for the, general public. 2. Anything for which the employee, enployee of an officer, an officer, or his or her relative pays the fair market value. 3. Any contribution that is lawfully made under the Election Code or activities associated with a fundraising event in support of apolitical organization or candidate. 4. Educational materials and educational fact finding missions. 5. Travel expenses for a meeting to discuss business. 6_ A gift from a relative. 7. Anything provided by an individual. on the basis of a personal friendship unless the recipient has reason to believe that, udder the circumstances, the gift was provided because of the official position or employment of the recipient or his or her relative, and not because of the personal friendship. In determining whether a gift is provided on. the basis of personal friendship, the recipient shall consider the circumstances under which the gift was offered, such as: a, the history of the relationship between the individual giving the gift and the recipient of the gift, including any previous exchange of gifts between those individuals; b. whether, to the actual knowledge of the recipient, the individual who gave the gift personally paid. for the gift or sought a tax deduction or business reimbursement for the gift; and c. whether, to the actual. knowledge of the recipient, the individual who gave the gift also at the same time gave the same or similar gifts to other employees, employees of an officer, Officers, or their relatives. 8. a. Food or refreshments not exceeding $75 per person in value on. a single calendar day; provided that the food or refreshments are: (1) consumed on the premises from which they were purchased Or prepared or 6/19/19 Draft— Clean Copy (2) catered. b. For the purposes of this Section, "catered" means food or refreshments that are purchased ready to consume which are delivered by any means. 9. Food, refreshments, lodging, transportation, and other benefits resulting front outside business or employment activities (or outside activities that are not connected to the official duties of an employee, employee of an officer, or an officer), if the benefits have not been offered or enhanced because of the official position or e:mployrnent of the employee, employee of an officer, or an officer, and are customarily provided to others in similar circumstances. 10. Intra-governmental and inter -governmental gifts. For the purpose of this Act, "intra-governmental gift'' means any gift given to an employee, employee of an officer, or an officer from another employee, employee of an officer, or an officer, and Inter -governmental gift" means any gift given to an employee, employee of an officer,, or an officer by an employee, employee of an. officer, or an officer of another governmental. entity. There is no expectation or requirement that an employee, employee of an officer, or an officer give a giftto any other employee,, employee of an officer, or an officer or an employee, employee of an officer, or an officer of another govezntneratal entity. It. Bequests, .inheritances, and other transfers at death. 12. Any item or items from any one prohibited source during any calendar year having a curtaulative total value of less than $1.00. C: Each of the exceptions listed in this Section is mutually exclusive and independentof every other. D. An employee, employee of an officer, an officer, or H.s .or her relative does not violate this Ordinance if the recipient promptly takes reasonable action to return. a gift from a prohibited source to its source or gives the gift or an amount equal to its value to a charity that is etienzptfrom income taxation under § 501(e)(3) of the Internal. Revenue Code of 1986, as now or hereafter amended, renumbered, or succeeded. (Ord. 0-201205-12-027, § 4, passed 5-15-2012) § 2.64.070 PROIliIBITION ON SEXUAL HARASSMENT. A. All persons have a right to work in an environment free from sexual harassment. No employee, employee of an officer, or an officer shall sexually harass any person, regardless 6/19/19 .Draft — Clean Copy of any employment relationship or lack thereof while acting within the scope of their employment, during compensated time, or while oil the property of the County of McHenry. B. Sexual harassment, according to the Equal Employment Opportunity C;omnnission and the Illinois Department for Human Rights, and for purposes of this Ordinance, consists of unwelcome sexual advances, requests for sexual favors, other verbal, nonverbal, or physical acts of a sexual or sex -based nature..where: 1. submission to such. conductis made either explicitly or implicitly a term or condition of an employee, employee of an officer, or an officer's employnent; 2. an employment decision. affecting an employee, employee .of an officer, or an officer is based on that employee, employee of an officer, or officer's acceptance or rejection of such conduct; or 3, such conduct interferes with an employee, employee of an officer, or an officer's work performance or creates an intimidating, Hostile, or offensive working; environment. C. Sexual harassment can occur between men. and women or between members of the same gender. 'This behavior is unacceptable ui the workplace itself and in other work -related settings such as business drips, court appearances, and business -related social events. D. harassment affects the victim and. other employees as well. Each incident of harassment contributes. to a general atmosphere in which everyone suffers the consequences. Sexually -oriented or sex -.based conduct has no legitimate business purpose. Where such conduct is directed by a supervisor (or someone m a higher management position) toward a subordinate, the folmer will be held to a higher standard of accountability because of the degree of control and influence he or she has or is perceived to have over the employment conditions and benefits of the subordinate. E. Prohibited Conduct. Prohibited acts of sexual harassment can take a. variety of forms ranging from subtle pressure for sexual activityor contact to physical contact. At times the offender may be unaware that his or her conduct is offensive or harassing to others. Examples of conduct which could be considered sexual harassment, include, but are not limited to: l . persistent or repeated unwelcome flirting, pressure for dates, sexual comments, or touching; 2. sexually suggestive jokes, gestures, or sounds directed toward another or sexually oriented or degrading comments about another;. 3. preferential treatment of an employee, employee of an officer, or an officer, or a promise of preferential treatment to an employee, employee of an officer, or an officer, in exchange for dates or sexual conduct; or the denial or threat of denial of employment, benefits, or advancement for refusal to consent to sexual. advances; 6/19/1.9 Draft — Olean Copy 4. the open display of sexually oriented pictures; posters, calendars, reading materials, or other material offensive to others; acid S. retaliation against an employee, employee of an officer, or an reporting or complaining about sexually harassing conduct. "0. FPUTISM 1" A,_. .... ..... —No..cnlpl"ayee or officer who has adopted this Ordinance pursuant to § 2.64.040(B) and the employees of.that officer shall }lire, promote or appoint. a relative or a candidate whose. relative serves in any capacity as an employee, employee of an. officer, or officer of the employer unless all of the following conditions apply: 1. The candidate is qualified for the employment or appointment by education or experience as determined in writing by the employer's human resources department or the McHenry County Hunan Resources Department; 2. Saidemployee, employee of an officer, or officer has, required in writing that the candidate identify any relative serving. as an employee, employee of aii officer, or officer of the employer and the employee, employee of an officer, or officer has made his or her own efforts to identify any relative of the candidate. serving as an employee, employee of an.officer, or officer of the employer; 3. A supervisor/subordinate relationship is not immediately created between relatives; 4. The employment or appointment would not create either an actual conflict of .interest or the appearance of a conflict. of interest; 6. The position for employment or appointment was publicly advertised for a reasonable period of time; 7. At least two other individuals were interviewed for the position, so long, as there were multiple applicants; and, 8. The candidate's proposed salary complies with the McHenry County Salary Administration Policy, if the candidate is an employee of the County of Mel lenry or ari. employee of an officer of the County of McHenry. C. Fourteen (14) days prior to hiring or appointing a candidate whose relative serves in any capacity as an employee, employee of an officer, or officer, the employee, or officer who has adopted this Ordinance pursuant to § 2.64.040(B) and the employees of that office rnalcing (.he hiring or appointing decision shall file with the State's Attorney, the Ethics Advisor, members of the McHenry County Board, and the Chair of the McHenry County .Board a 6/19/19 Draft — Clean Copy notarized. Nepotism l-liring Statement sufficient to show that conditions 1: through 8 above, inclusive, have been met along with any supporting documentation. A form Nepotism Firing Statement is set f.'oith in Table 4 hereto. y§'2:64.090 CONFLIC.TS.OF. Irm-REST. r A. No employee or officer who has adopted this Ordinance pursuant to § 2.64.040(B) and the employees of that officer shall engage in. any official act where there is a conflict of interest. Notwithstanding any other law or ordinance, any employee or of Jeer who has adopted this Ordinance pursuant to § 2.64.040(B) and the employees of that office has a conflict of interest if in his or her official capacity, said employee, employee of an officer, or officer discusses, deliberates, acts, or votes on a matter in which. the employee, en ployee of an. officer, or .officer may be financially interested or personally and directly advantaged in his or her own name or in the name of his or her relative, client, business partner, close associate, or business entity and the appearance of impropriety is created. Unilateral policy decisions that have a general public benefit do not constitute a conflict of interest. B. Any employee or officer who has adopted this Ordinance pursuant to § 2.64.040(B) and the employees of that officer who becomes aware that. he, or she xanay have a conflict of interest that arises in the course of his or her official duties shall notify his or her supervisor, .if any, of such conflict of interest: The employee, employee of an officer, the officer, and/or the supervisor shall take the appropriate steps to resolve the conflict of interest. § 2 04-109 FUTV99 EMVILOXMFNy: _ ~- .. No employee or officer who has adopted this Ordinance pursuant to § 2.64.040(B) and the employees of that officer may accept or discuss an offer of employment with any business entity if either: A. Said employee, employee of an officer, or officer knows that the offer of employment was intended. as .compensation or as a reward for any official action; or, B. Said employee, employee of an officer, or officer knows that the offer of employment was intended to influence official action pertaining to the business entity on a matter that the employee, employee of an officer, or officer has or has had decision -making responsibility within a on.e'=year period preceding the of acceptance of employment with the business entity. §.2.64.1.1.0 FRAUD, WASTE, OR ABUSE:', �} J No enployee oir o ice`r Viz has adopted this Ordinance pursuant. to § 2.64.040(B) and the employees of that officer shall engage in fraud, waste, or abuse. 6/19/1.9Draft -- Clean Copy :?-_-,- l•_[ sY t A. The McHenry County Director of Iluman Resources shall serve as the Ethics Advisor for the County. When the McHenry County Director of Human Resources is unable to serve as the Ethics Advisor for the County; the County Administrator shall serve. B. The Ethics Advisor shall provide guidance to the employees, employees of officers, and officers of the County of McHenry concenling the interpretation of and compliance with the provisions of this Ordinance and State ethics laws. C. Al.] employees., employees of officers, and officers subject to this Ordinance must complete, within six (5) months after the adoption of this amended Ordinance, or within three (3) nxontlls of newly becoming an employee, employee of an officer, or officer, whichever is later, an Ethics Ordinance Training,, whether computer -based or otherwise. The County Administrator, or his or her designee, shall be responsible for .overseeing any computer -based training program for McHenry County officers, employees of officers, and employees. (Ord. 0-201205-12-027, § 5, passed 5-15-2012) 2.64.1.30 ETHICS COMMISSION. A. Corrrpc>. Won and Ageetings of the Commission. There is hereby created a commission to be known as the Ethics Commission of McHenry County (hereinafter the "Commission."). 1. The _Commission shall be comprised of five (5) members appointed by the Chair of the McHenry County Board with the advice and consent of the McHenry County Board. No employee,. employee of an officer, officer, not any relative of an employee, employee of an officer, or officer shall be appointed as a member of the Comnussiorn. 2. All .commissioners shall be appointed to three-year terms. Connmissioners may be reappointed to serve subsequent terms. 3. The commissioners shall choose a chair from their nurnber..Meetings shall be held at the call of the chair or any three (3) comm-issioners. A quorum shall consist of three (3) commissioners, and official action by the commission shall require the affirnnative vote of three (3) members. 4. The Chair of the McHenry County Board; with the advice and consent of the McHenry County Board, may remove a commissioner in. case of incompetence, neglect of duty, or malfeasance in o#Tlce. after service on the commissioner by certified mail, return receipt requested, of a copy of the written charges against the commissioner and after providing an opportunity to be heard in person or by counsel. upon not less than 6/19/19 Draft -- Clean Copy ten (10) days' notice. Vacancies shall be killed in the same manner as original appointments. B. Pouters and.Dutie.s of the Commission, The Commission shall have the following powers and duties: a, To promulgate procedures and rules governing the performance of its duties; the exercise of its powers, and notice to parties. b. To receive written, signed, and verified complaints (stating that the statements set forth in the complaint are true and. correct or that the statements are believed to be true upon information and belief), filed within one (1) year of the alleged violation, supported by relevant affidavits and all other documents, books, papers; or tangible evidence. C. To receive any written response.frorn employees, employees of an officer, or officers alleged to have violated this Ordinance. d, The Chair of the Commission shall dismiss a complaint sera sronte at any time if the complaint does not set forth facts that when taken as true and liberally construed are sufficient to legally state a el aim under this Ordinance; if the conduct involves a person not bound by this Ordinance; if the compWnt is: deemed frivolous; or if the complaint is not written, signed, verified, and, filed within one (1) year of the alleged violation.. e. To notify the employee, employee of an officer, or officer that he or she may have a Fifth Amendment right against self-incrimination. f. To. request and receive any other documents, books, papers, or tangible evidence from any member of the public for purposes of determining whether there is probable cause that an officer or employee has violated the provisions of this Ordinance. g. To request and receive additional documents, books, papers, or tangible evidence from officers or employees. h. To conduct hearings, including allowing both parties the opportunity to present testimony and evidence, mid deliberations on complaints. i. To appoint ahearing officer which is an attorney licensed topractice law in the State of Illinois. j. To request the.attendance of witnesses. 6/19/19 Draft Clean Copy �PaCF 17,1 k. To close to the public any meeting of the Commission to the extent authorized by the Open Meetings Act. 1. To determine that there is probable cause of a violation of § 2.64,050 Prohibited political Activities of this Ordinance and refer the complaint and supporting documentation to the State's Attorney. In addition, the Commission may refer the complaint and supporting documentation to the McHenry County Sheriff or other relevant police department. Ill. To determine that there is probable cause of a violation of § 2.64.060 Gift Ban of this Ordinance and may refer the complaint ,and supporting documentation to the State's Attorney. n. To determine that there is. a violation by clear .and convincing evidence after a hearing of §§ 2.64.060 Gift Ban, 2.64.070 Prohibition on. Sexual Harassment, 2.64.080 Nepotism, 2.64.090 Conflicts of .interest, 2.64.100 Future Employment, or 2.64.110 Fraud, Waste, .or Abuse of this Ordinance and issue recommendations for disciplinary actions and impose tines in accordance with § 2.64.140 penalties of this Ordinance. The Commission may contract with an attorney licensed to practice law in the State of Illinois to investigate and prosecute before the Commission alleged violations of §§ 2.64,060 Gift Ban, 2.64.070 Prohibition on Sexual. Harassment, 2.64.080 Nepotism, 2.64.090 Conflicts of Interest, 2.64.100 Future Employment, or 2.64.110 Fraud, Waste, or Abuse of this Ordinance. (Ord. 0-201205-12-027, § 6, passed 5-15-2012) 2.64.140 PENALTIES. A. Penalties for a § 2.64.050 Prohibited ;Political.Activities Violation. An employee, employee of an officer, or officer who intentionally violates any provision of § 2464,050 Prohibited political Activities of this Ordinance, 1. is guilty of a Class .A misdemeanor and may be punished by a term. of incarceration in a penal institution other than a penitentiary for a period of not more than. three hundred sixty-four (364) days and may be fined in an amount not to exceed .$2,500 if prosecuted by the.. State's Attorney. A. violation of § 2.64.050 Prohibited Political Activities of this Ordinance shall be prosecuted as a criminal offense by the State's Attorney by filing in the .circuit court an information or sworn. complaint charging such offense. The prosecution shall be under and conform to the rules of crim. inal procedure. 2. In addition to any .other penalty, whether criminal or civil, that may be applicable and subject to any limitations imposed by law or employment agreement(s), including; but not limited to collective bargaining agreements and employment contracts, 6/19/19 Draft— Glean Copy an employee may be subject to discipline or discharge by his or her employer and an employee of an. officer may be subject to discipline or discharge by said officer. B. Penalties for a § 2.64.060 Gif%.13an Violation. An employee, employee of an officer, or officer who intentionally violates any provision of § 2.64.060 Gift lean of this Ordinance, 1, is guilty of a business offense, may be prosecuted. by the State's Attorney, and may be fined in an amount of not less than. $1,001 and not more tlian .$5,000 if prosecuted by the State's Attorney. 2. In addition to any other penaltywhether criminal or civil, that may be applicable and subject to any limitations imposed by law or employmentnm agreeen.t(s), including but not limited to collective bargaining agreements and. employment contracts, an employee may be subject to discipline or discharge by his or her employer and an. employee of an officer may be subject to discipline or discharge by said officer. C. 11ena1ties for Violations of §§2.64.060 Gift Ban, 2.64.070 Prohibition on Sexual Harassment, 2.64.080 Nepotism, 2.64.090 Cogflicts of fnterest; 2. 64.100 Future Ernployineni, or 2.64,110 Fraud., N,aste, or Abuse. An employee, employee of an officer, or officer who violates any provision. of U 2.64.070 Prohibition on Sexual Harassment, 2.64.080 Nepotism, 2.64.090 Conflicts of Interest, 2.64.100 Future Employment, or 2.64.110 Fraud., Waste, or Abuse of. this Ordinance: l . may be fined in an amount not to exceed $5,000 per offense, withh each violation being a separate offense, by the Ethics Commission. 2. In addition to any other penalty, whether criminal or civil, that may be applicable and subject to any limitations imposed bylaw or employment agreen~ment(s), including but not limited to collective bargainuig agreements and empiloyment contracts; an employee may be subject to discipline or discharge by his or her employer and an employee of an ofi:icer may be subject to discipline or discharge by said officer. D. In addition to any other penalty, whether criminal or civil, that may be applicable and su%ject to any limitations imposed by law or employment agreeinent(s) including but not l imited to collective bargaining agreements and employment contracts, an employee .may be subject to discipline or discharge. by his or her employer and an employee of an officer may be. subject to discipline or discharge by said officer. E. Penalties,for False Reports. I , Any person who intentionally makes a false report alleging a violation of any provision of this Ordinance to the Ethics Commission, the local enforcement authorities, the State's.Attorney or anyother law enforcement official is guilty of a Class A misdemeanor and may be punished by a terns of incarceration in a penal institution other than a penitentiary for a period. of not more than three hundred sixty-four (364) 6/19/1.9 .Draft -- Clean. Copy Fackat P5 " days, and may be fined in an amount not to exceed $2,500 if prosecuted by the State's Attorney. 2. 'rhe Commission .may levy an administrative tine of u to $5,000 against any person who violates this Ordinance, who intentionally obstructs or interferes with an investigation conducted under this Ordinance by the C:onlmlSsion, or who intentionally makes a false, frivolous, or bad faille. allegation. (Ord. 0-201,205-12-027, § 7, passed 5-15-2012) § 2.64.1,50 SEVERABILITY CLAUSE. If any section, subsection, sentence, clause, phrase, or portion.of this Ordin'an.ce is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate., distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof. (Ord. 0-201205-1.2-027, § 8, passed 5-1.5-2012) 6/19/19 Draft — Clean Copy l'A.k 1 4::RES()1;t `1'ION:;BX::A U.III`l":C;FJ OCAA;L. COVMF,N'.-F !r 1, BE B0'UN1 BY :1 TIM MMENRY COUNTY—ET,IJI,CSOIKPI)NANCE:AND :ENTER 111ITO.:. INTERGOVEltl\liV1E�:.1�C'>E'AL AGREEMENT RESOLUTION TO ADOPT McI-TENRY COUNTY'S E'I'H.ICS ORDINANCE WHEREAS, pursuant to the Article 70 of the State Officials and Employees Ethics Act, 5 ILCS 430/70, each unit of local governnxent (including a conimunity college district) or a school. district shall adopt an ethos ordinance or resolutions regulating the political activities of its employees, employees of officers, and officers, the solicitation and acceptance of gifts by its employees, employees of officers, and officers, and the prohibition of sexual harassnIent by its employees, employees of officers, and officers; and WIIEREAS, McHenry County adopted such an ordinance through its Ethics Ordinance, as amended from time to time; and WHEREAS, McHenry County's Ethics Ordinuzce also regulates i.'avoritisxzx in hiring by its, ell loyees., employees of officers, and officers, conflicts of interest by its employees, employees of officers, and officers, and political gains through future employment; and WHEREAS, i (Governmental Entity] desires to adopt the McHenry County Ethics Ordinance, as amended from time to time, as [_Governnxental Entit 1'_.s Ethics Ordinance and enter into the Intergovernmental Agreenxent; and NOW, THEREFORE, BE IT RESOLVED, that [.Governmental Entity�_.. hereby adopts the McHenry County Ethics Ordinance, as amended from time to time, as `Qw-r- unental Eza MI's Ethics Ordinance and; therefore., adopts. the McHenry County Ethics Commission as its Ethics Commission. DATED at , Illinois, this day of , 20 Nance: Title: .Employer Name: ATTEST: Nance: 6/ 19/ 19 Draft — Clean Copy 6/19/19 Draft -- Clean Copy '['his .Intergovernmental Agreement (the "Agreement") is entered into this day of ,20 , by and between. the County of McHenry, a body politic and corporate of the State of Illinois, acting by and though its County Board (hereinafter referred to as the "County") and 'Governmental Entityl (hereinafter refereed to as the "Governmental Entity") RECI`I"ALS. WHEREAS, pursuant to Article 70 of the State Officials and Employees Ethics Act, 5 1LCS 430/70, each unit of local government (including a community college district) or a school district shall adopt an ethics ordinance or resolutions regulating the political activities of its 0 employees, employees of officers, and officers, the solicitation and acceptance of gifts by its employees, employees of officers, and officers, and the prohibition of sexual harassinnent by its w employees, employees of officers, and officers; and 'V fHER ?AS, the County adopted such an ordinance dnough its Ethics Ordinance, as amended from time to time; and WIIEIZEAS, the County's Ethics Ordinance also regulates favoritism in hirin,conflicts of interest, political ,gains through future employment, and fraud, waste, or abuse; and WHEREAS, the Govennmental. Entity adopted by resolution the County's Ethics Ordinance, as amended from time to tune, as the Governmental Entit 's Ethics Ordinance to fulfill its statutory obligations and to further regulate ethical conduct in addition to the conduct set forth in the State Officials and Employees Ethics Act; and WHEREAS, the Governmental. Entity desires to enter into an. intergovernmental agreement with the County for the County's services in carrying out the Governmental Entity's Ethics Ordinance, including an Ethics Conmussion.; and WHEREAS, the County and the Governmental. Entity are units of Iocal government authorized. by the Illinois Constitution, (Ill. Const. Art. VII, Section 10) and Intergovernmental Cooperation Act, 5 ILCS 220/1 et,seg., to contract with each other and. undertake. certain transactions with each other to perform jointly any governmental purpose or undertaking any of them could do singularly. NOW, THEREFORE; in consideration of the mutual covenants contained herein, -the County and the Governmental Entity hereto agree as follows: 1. Recitals. The foregoing reeiWs rare hereby incorporated and made part of this Agreement as thoughfully set forth herein. 6/1.9/19 Draft -- Clean Copy 2. Ethics Complaints and Ethics Commission. The County and the Governmental. Entity understand and agree the Governmental Entity has adopted the County's Ethics Ordinance as the Govenimental Entity's Ethics Ordinance and, theiefore, the County shall admini.stei. ethics complaints on behalf of the Governmental Entity. A. County's Obligations. The County agrees, to the best of its ability, to maintain an Ethics Commission pursuant to the County's. Ethics Ordinance for the benefit and. use of the County, the Governmental Entity, and any other unit of local government adopting the County's Ethics Ordinance. B. Governmental Entity's Obligations, The Governmental Enf.ity agrees to use the County"s policies and procedures relating to the Governmental Entity's Ethics Ordinance, including, but not limited to, the County's Complaint Iiorm and the County's contact information. The Governmental Entity further agrees to cooperate with the County in processing all ethics complaints relating to the Ciovermnental Entity. Any ethics , complaints received by the Governmental. Entity shall be forwarded to the County within forty-eight (48) hours of receipt by the Governmental Entity. 3. Penalties Assessed Pursuant to the Ordinance. Any penalties assessed for violations of the Governmental Entity's Ethics Ordinance and collected bythe County anal/or the Ethics Commission on behalf of the Govemmental Entity shall be paid to the Governmental Entity within thirty (30) days of receipt. 4. Costs Incurred Under the Ordinance. Any costs incurred by the County as a result of the County's administration of the Governmental Entity's Ethics Ordinance shall be charged to the Governmental Entity and the Governmental Entity shall reimburse the County within thirty (30) days of receipt. 5. erm and Termination. This Agreement shall. be effective and binding upon execution to (the "Tenn") unless terminated earlier pursuant to the terms hereof. Either party may terminate this Agreement upon thirty (30) days written notice. 6. Insurance.. At the Governmental Entity's sole expense, the Goverrunental Entity shall maintain at all. times during the term of this Agreement insurance coverage issued by a company or companies qualified to do business in. the State of Illinois with a Best's Rating of A or higher and with a Best's financial size category of Class XIV or higher, for Commercial. General Liability in a broad form, to include, but not limited to, coverage for the following where exposure exists for .Bodily Injury and Property Damage, Premises/Operations, Independent Vendors, Products/Completed Operations, Personal Injuuy, and Contractual 'Liability wit% Limits of liability not less than $500,000 per occurrence and $1,000,000 in the aggregate; and. The Governmental Entity shall provide the County with Certificates of Insurance evidencing the above required insurance, prior to commencement of the Agreement and thereafter with certificates evidencing renewals or replacements of said policies of insurance at leas fifteen (15) days prior to the expiration or cancellation of any such policies. 'T he contractual liability arising out of the Agreement shall be ackno-wledged on the Certificate of Insurance by 6/19/19 Draft— Clean Copy the insurance company. The Governmental Entity shall require its insurance company to provide the County thirty (30) days prior notice, in writing, of any cancellation or material change and said notification requirement shall. be stated on the Certificate of Insurance. In addition to being named as an additional insured on the Certificate of Insurance, each liability policy shall contain an endorsement naini.ng the County as an additional insured. A copy of the endorsement shall be provided to County along with the Certificate of Insurance, County shall be named ,is an additional insured and the address for certificate holder must read exactly as follows: County of McHenry, a body politic 2200 N. Seininary Avenue Woodstock, IL 60098 7, Indemiiiiication. The Govenunental. Entity (in such capacity the "lndeinnifying Party") hereby agrees to indemnify and hold harmless the County (in such capacity the "Indemnified Marty") and any of its committees and affiliates and the respective officers, appointees, and employees from and against all claims, demands.,. liabilities, losses, damages, suits, judgments, costs, and expenses (including reasonable attorneys' fees and costs) in any manner arising; out of or resulting from the County's administration of the Goveriuriental Entity's Ethics Ordinance and the performance of the obi igations contemplated. herein. M 8. Patties Independent. The County and the Governmental Entity mutually agree that, except as to the County's administration of the (ravernmental Entity's Ethics Ordinance, nothing contained in. this Agreement is intended nor shall be construed in any manner or form as creating or establishing a relationship as partners between the parties hereto, or as constituting the County (including its elected officials; agents, employees and representatives) or the Governmental Entity (including its elected. officials, agents, employees, and representatives) as agent of the other party for any purpose, or in any manner, whatsoever. �? 9. Watts of Third Parties. Nothing herein shall be construed to create any rights or duties to third parties, it being the parties' piutual intent that there be no third party beneficiaries to this Agreement: Any allocation of costs, duties and responsibilities described herein is intended only as an. allocation of administrative responsibi l.ities between the County and the Goveriuneintal Entity to facilitate the most econonucal.use of liixiited public resources and not as an enlargement. or diminution of either party's underlying duties or obligations lying in. statute or common law. 10. Notice. All notices and other communications required to be given. under the Agreement shall be in writing and.shalI be deetined to have been given (i) when personally delivered; (H) three (3) business days after mailing, postage prepaid,, by certified mail; or (iii) when delivered (and recei:pted for) by an overnight delivery service, addressed in each case to the parties at the addresses set forth below: If to County: McHenry County McHenry County Administration. Office c% Deputy County Administrator. 6/1.9/19 Draft — Clean Copy 11. Varr_ statics. The parties makes no representations or warranties, expressed or implied, regarding their perfonnance under this Agreement. 12. Governing Law and Venue. The parties agree this Agreement has been executed and delivered. in Illinois and that their relationship and tiny and all disputes, controversies, or c:lainis Arising under this Agreement shall be governed by the laws of the State of Illinois, without regard to conflicts of laws principles. The parties further agree that the exclusive venue for all such disputes shall be the Circuit Court of the 22" `i Judicial Circuit of McHenry County, II lin.ois, and the parties hereby consent to the personal jurisdiction thereof. 13. Co .. fiance with Laws. Each party hereto covenants and agrees to comply with all applicable federal, state, and. local laws, codes, ordinances, rules, and regulations. 14. Entire Agreement. This Agreement constitutes the entire agreement and understanding of the parties with regard to the subject matter contained herein and supersedes all prior agreements and understandings between the parties dealing with such subject matter, whether written or oral. No agreement hereafter made between the parties shall be minding on either party unless reduced in writing and signed. by the party sought to be bound. thereby. COUNTY OF McHENRY: [GOVERNMENTAL ENTITY]: By: By: Its: Its: ATTEST: ATTEST: By _ _ 13v: Its: Its: 6f19119 Draft--- Clean Copy TA13LE 2. .ELECTRON BY THE STAT.E'S AXTORNEY, THE CIRCUIT CLERK, Oil ri'HE CHIEF JUDGE TO BE BOUND BY'I'HE' McHENRY COUNTY ETHICS ORDINANCE E11,ECTION TO ADOPT MCHENRY COUNTY'S ETHICS ORDINANCE C1 TO: State's Attorney., Ethics Commission, and Ethics Advisor Option 1: I, the McHenry County [Slate's Attorney] [Circuit .Clerk], hereby adopt the 1\404etiry County Ethics Ordinance, as amended from tine to time, for me and. for the Office of the [Slate's .Attome. y] [Circuit Clerk], including my staff-, and, therei'ore, adopt the MCI-Ienry County Ethics Comnussion as our Ethics Commission. 0 Option 2: I, Chief Judge of the 22" d Judicial Circuit of McHenry County, Illinois, hereby adopt the McHenry County Ethics Ordinance, as amended from time to time, for nn,e and. for the Associate aid Circuit Judges of the 22" d Judicial Circuit, and Court Administration and, therefore, adopt the McHenry County Ethics Commission as our .Ethics Conunission. :. r. I)A1131) at _ , Illinois, this day of , 20� Name: Title: 6/1.9/19 .Draft -- Clean Copy TABLE 3: ELECTION BY AN OFFICER TO BE BOUND BY 'I'1-7:E l Ic HENR Y COUNTY ETHICS ORDINANCE ELECTION TO AD01"I' McHENRY COUNTY'S ETHICS ORDINANCE TO: State's Attorney, Ethics Commission, and Ethics Advisor 1, the McHenry County [.Auditor] [Coroner] [County Clerk] [Country Recorder) [Sheriff] [Treasurer], hereby adopt the elective provisions of the McHenry County Ethics Ordinance, §3 2.(A.080 Nepotism, 2.64.090 Conflicts of Interest, and. 2.64.100 Future.Erriployment, as amended from time to tinge, for me and for the Office of the [Auditor] [Coroner] [County Clerk] [County Recorder] [Sherifta [Treasurer], including my staff, and, therefore, affirm the Mclienuy County Ethics Connnission as our Ethics Commission.. DATED at , Illinois, this day of Name: Title: 20,_ . 6/19/1.9 Draft — Clean Copy TABLE 4: N1±,POTl:s'M 1TTItiNG STATEMENT STA'I`E OF ILLINOIS ) } SS COUN1 Y OF MMENRY ) NEPOTISM.I11R1NG STATEMENT 1; _ _ _ , swear under oath as follows: 1. I am an officer or employee. making a hiring or appointing decision on behalf of the following governmental entity: Employer Name: Employer Address: Employer Telephone: (hereinafter the "Employer"). 2. 1 recommend the Employer hires or appoints the following candidate: Candidate Name: (hereinafter the "Candidate"). 3. the Employer's Human Resources Department or the McHenry County Human Resources Department has determined in writing (attached hereto) that the Candidate is. qualified for the employment or appointment by education or experience.. 4. 1 have required that the Candidate identify in writing whether or not his or .her spouse (including any analogous relationship recognized'by law), parent, child, brother, sister, grandparent; grandclild, first cousin, aunt, uncle, great aunt, great uncle, niece, nephew, father-in- law, mother-in-law, son-in-law, daughter-in-law; brother-in-law,, sister-in-law; stepparent, stepchild, stepbrother, stepsister, half-brother, half-sister; the parent or grandparent of his or her spouse (including any analogous relationship recognized by law) or his or her fiance or fiancee; or household member serves in any capacity as an officer or employee of the Employer. 5. 1 have independently made efforts to identify whether or not the Candidate's spouse (including any analogous relationship recognized by law), parent, child, brother, sister, grandparent, grandchild, first cousin, aunt, uncle, great aunt, great uncle, niece, nephew, father-in- law, mother -in -lave, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepparent, stepchild, stepbrother; stepsister, half-brother, half-sister; the parent or ,grandparent of his or her spouse (including any analogous relationship recognized by law) or his or her fiance or fiancee; or household member serves in any capacity as an officer or employee of the Employer. 6/19/19 Draft — Clean Copy 771�t G. The Candidate and/or I have identified his or her following relative(s) serves as an officer or employee of the Employer: A. Relative's Name: 13, Relative's Name: C. Relative's Name: 7. To the best of my knowledge, einploying or appointing the Candidate will not create a supervisor/subordinate relationship between. the Candidate and his or her spouse (including any analogous relationship recognized by lave), parent, child, brother, sister, gratid.par:ent, grandchild, first cousin, aunt, uncle, great aunt, great uncle, niece, nephew, father-in- law, mother-in-law; son-in-law, daughter-in-law; brother-in-law, sister-in-law, stepparent, stepchild, stepbrother, stepsister, half-brother, half-sister; the parent or grandparent of his or tier �+ spouse (including any analogous relationship recognized by law) or his or her fianc6 or fiancee; or 0 household member. �? u� S. The potential for the familial relationship to create an adverse impact on work performance is outweighed by the Candidate's qualifications. CO 9. The employment or appointment of the Candidate will not, create either an. actual r conflict of interest or the appearance of a conflict of interest. M 10, The position for employment or appointment was publicly advertised for period of time, which is reasonable. 11. The Employer interviewed other individuals for the employment or appointment position. 12. If the Employer is McHenry County, the Candidate's proposed salary complies with. the. McHenry County Salary Administration Policy. Signature. of Officer or Employee 6/19/19 Draft --- Clean Copy STATE 01�l LI'll [N 01 S SS COUNTY OF McHENRY Signed and sworn to before me on this by (Sea]) day of Signature of Notary Public 6/19/19 Draft --- Clean Copy 4�33q 2/15 7 Food, refreshments, lodging, transportation, and other benefits resulting from outside business or employment activities (or outside activities that are not connected to the official duties of an Officer or Employee), if the benefits have not been offered or enhanced because of the official position or employment of the Officer or Employee, and are customarily provided to others in similar circumstances. Intra-Governmental and Inter -Governmental gifts. Bequests, inheritances, and other transfers at death. Any item or items from any one Prohibited Source during any calendar year having a cumulative total value of less than $100. Each of the exceptions listed in this Section is mutually exclusive and independent of every other. Disposition Of Gifts: An Officer or Employee, his or her spouse or an immediate family member living with the Officer or Employee, does not violate this Section if the recipient promptly takes reasonable action to return a gift from a Prohibited Source to its source or gives the gift or an amount equal to its value to an appropriate charity that is exempt from income taxation under Section 501 (c)(3) of the Internal Revenue Code of 1986, as now or hereafter amended, renumbered or succeeded. F. Ethics Advisor: The Mayor, with the advice and consent of the City Council shall designate an Ethics Advisor for the City. 2. The Ethics Advisor shall provide guidance to the Officers and Employees of the City concerning the interpretation of and compliance with the provisions of this Section and State ethics laws. Advisor shall perform such other duties as may be delegated by the City Council. G. Ethics Commission: ,/ 1:...... -There is hereby created a commission to be known as the Ethics Commission of the City of McHenry. The Commission shall be comprised of three members appointed by the Mayor with the advice and consent of the City Council. No person shall be appointed as a member of the Commission who is related, either by blood or marriage up to the degree of first cousin, to any elected Officer of the City. 2. At the first meeting of the Commission, the initial appointees shall draw lots to determine their initial terms. Two commissioners shall serve two-year terms, and the third commissioner shall serve a one-year term. Thereafter, all commissioners shall be appointed to two-year terms. Commissioners may be re -appointed to serve subsequent terms. 3. At the first meeting of the Commission, the commissioners shall choose a chairperson from their number. Meetings shall be held at the call of the chairperson or any two commissioners. A quorum shall consist of two commissioners, and official action by the Commission shall require the affirmative vote of two members. ITE 2/15 4. The Mayor, with the advice and consent of the City Council, may remove a commissioner in case of incompetency, neglect of duty or malfeasance in office after service on the commissioner by certified mail, return receipt requested, of a copy of the written charges against the commissioner and after providing an opportunity to be heard in person or by counsel upon not less than ten days' notice. Vacancies shall be filled in the same manner as original appointments. 5. The Commission shall have the following powers and duties: To promulgate procedures and rules governing the performance of its duties and the exercise of its powers. Upon receipt of a signed, notarized, written complaint, to investigate, conduct hearings and deliberations, issue recommendations for disciplinary actions, impose fines in accordance with this Section and refer violations of Sections 2-55-D and E to the City Attorney for prosecution. The Commission shall, however, act only upon the receipt, of a written complaint alleging a violation of this Section and not upon its own prerogative. To receive information from the public pertaining to its investigations and to require additional information and documents from persons who may have violated the provisions of this Section. To compel the attendance of witnesses and to compel the production of books and papers pertinent to an investigation. It is the obligation of all Officers and Employees of the City to cooperate with the Commission during the course of its investigations. Failure or refusal to cooperate with requests by the Commission shall constitute grounds for discipline or discharge. To prepare and publish such manuals and guides as the Commission deems appropriate to facilitate compliance with the terms of this Section. The powers and duties of the Commission are limited to matters clearly within the purview of this Section. 6. Complaints: i. Complaints alleging a violation of this Section shall be filed with the Ethics Commission. ii. Within three business days after the receipt of a complaint, the Commission shall send by certified mail, return receipt requested, a notice to the respondent that a complaint has been filed against him or her and a copy of the complaint. The Commission shall send by certified mail, return receipt requested, a confirmation of the receipt of the complaint to the complainant within three business days after receipt by the Commission. The notices to the respondent and the complainant shall also advise them of the date, time, and place of the meeting to determine the sufficiency of the complaint and to establish whether probable cause exists to proceed. iii. Upon not less than 48 hours' public notice, the Commission shall meet to review the sufficiency of the complaint and, if the complaint is deemed sufficient to allege a violation of this Section, to determine whether there is probable cause, based on the evidence presented by the complainant, to proceed. The meeting may be closed to the public to the extent authorized by the Open Meetings Act. Within seven business days 31 2A 5 after receiving the complaint, the Commission shall issue notice to the complainant and the respondent of the Commission's ruling on the sufficiency of the complaint and, if necessary, on probable cause to proceed. If the complaint is deemed not sufficient to allege a violation or if there is no determination of probable cause, then the Commission shall send by certified mail, return receipt requested, a notice to the parties of the decision to dismiss the complaint, and that notice shall be made public. iv. If the complaint is deemed sufficient to allege a violation. of Section 2-55-E and there is a determination of probable cause, then the Commission's notice to the parties shall include a hearing date scheduled within four weeks after the complaint's receipt. Alternatively, the Commission may elect to notify in writing the City Attorney to prosecute such actions and request that the complaint be adjudicated judicially and the Commission's notice to the parties shall indicate this fact. V. If the complaint is deemed sufficient to allege a violation of Section 2-55-D, then the Commission shall notify in writing the City Attorney to prosecute such actions and shall transmit to the City Attorney the complaint and all additional documents in the custody of the Commission concerning the alleged violation. The Commission's notice to the parties shall indicate these facts. vi. If the Commission elects to hear a case brought under Section 2-55-E, on the scheduled date and upon at least 48 hours' public notice of the meeting, the Commission shall conduct a hearing on the complaint and shall allow both parties the opportunity to present testimony and evidence. The hearing may be closed to the public only if authorized by the Open Meetings Act. vii. Within thirty days after the date the hearing or any recessed hearing of a case brought under Section 2-55-E is concluded, the Commission shall either: (i) dismiss the complaint; or (ii) issue a recommendation for discipline to the alleged violator and to the City Administrator or other Officer having authority to discipline the Officer or Employee, or impose a fine upon the violator, or both. The particular findings in the case, any recommendation for discipline, and any fine imposed shall be a matter of public information. viii. If the hearing on a case brought under Section 2-55-E was closed to the public, the respondent may file a written demand for a public hearing on the complaint within seven business days after the issuance of the recommendation for discipline or imposition of a fine, or both. The filing of the demand shall stay the enforcement of the recommendation or fine. Within fourteen days after receiving the demand, the Commission shall conduct a public hearing on the complaint upon at least 48 hours' public notice of the hearing and allow both parties the opportunity to present testimony and evidence. Within seven days thereafter, the Commission shall publicly issue a final recommendation to the alleged violator and to the City Administrator or other Officer having authority to discipline the Officer or Employee or impose a fine upon the violator, or both. ix. If a complaint is filed during the sixty days preceding the date of any election at which the respondent is a Candidate, the Commission shall render its decision as required under subsection (vii) within seven days after the complaint is filed, and during the seven days preceding that election, the Commission shall render such decision before the date of that election, if possible. i � {i 2/15 32 X. A complaint alleging the violation of this Section must be filed within one year after the alleged violation. xi. In the event a member of the Commission is the subject of an alleged violation of this Section, such commissioner shall immediately recuse himself or herself from the investigation of such alleged violation., and shall take no part in the final action of the Commission regarding such alleged violation. A substitute Commissioner shall be appointed pursuant to the terms of Section. 2-55-G.1 above for purposes relating to this matter only. H. Penalties: 1. A person who intentionally violates any provision of Section 2-55-D may be punished by a term of incarceration in a penal institution other than a penitentiary for a period of not more than 364 days, and maybe fined in an amount not to exceed $2,500. 2. A person who intentionally violates any provision of Section 2-55-E is subject to a fine in an amount on not less than $1,001 and not more than $5,000. 3. The Commission may levy an administrative fine of up to $5,000 against any person who violates this Code of Ethics or who intentionally makes a false, frivolous, or bad faith allegation. 4. In addition to any administrative fines imposed pursuant to Section 2-55-H.3 above, any person who intentionally makes a false report alleging a violation of any provision of Section 2-55 to the Ethics Commission, the State's Attorney or any other law enforcement official may be punished by a term of incarceration in a penal institution other than a penitentiary for a period of not more than 364 days, and may be fined in an amount not to exceed $2,500. 5. A violation of Section 2-55-D shall be prosecuted as a criminal offense by the City Attorney by filing in the circuit court an information, or sworn complaint, charging such offense. The prosecution shall be under and conform to the rules of criminal procedure. Conviction shall require the establishment of the guilt of the defendant beyond a reasonable doubt. 6. A violation of Section 2-55-E may be prosecuted as a quasi -criminal offense by an attorney for the City, or the Ethics Commission, through the designated administrative procedure. 7. In addition to any other penalty that may be applicable, whether criminal or civil, an Officer or Employee who intentionally violates any provision of this Section is subject to discipline or discharge. I. Distribution Of Code Of Ethics: The City Administrator shall cause a copy of this Code of Ethics to be distributed to every Officer and Employee of the City within thirty days after enactment of this Code of Ethics. Each Officer and Employee elected, appointed or engaged hereafter shall be furnished a copy before entering upon the duties of his or her office or employment." Sec. 2-56 Rules for Meeting Attendance. (MC-06-899) In addition to holding meetings pursuant to the Open Meetings Act, City Council meetings shall be subject to the following rules: Derik Morefield, City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 dmorefield@ci.mchenry.il.us REGULAR AGENDA ITEM DATE: August 5, 2019 TO: Mayor and City Council FROM: Wayne Jett, Mayor Derik Morefield, City Administrator John Birk, Police Chief RE: Approval or denial of a Class F "Full Service Personal Care Establishment" Liquor License to Valerie's Salon, 3407 W. Elm Street, McHenry. ATT: Application for a Class F "Full Service Personal Care Establishment" Liquor License AGENDA ITEM SUMMARY: The purpose of this agenda item is for Council to consider the issuance of a Class F "Full Service Personal Care Establishment" Liquor License to Valerie's Salon located at 3407 W. Elm Street, McHenry BACKGROUND: Valerie Zieber, owner of Valerie's Salon, located at 3407 W. Elm Street, has requested a Class F "Full Service Personal Care Establishment" Liquor License. Council created the Class F license in June of this year. This license permits full service personal care establishments the ability to serve (not sell) and consume beer and wine as part of a package of personal care services. A background check has been successfully completed. An ordinance amending Chapter 4 is not required for a Class F license since no number of licenses has been identified in the Municipal Code. Class F licenses are considered on a case by case basis. RECOMMENDATION: Approval or denial of a Class F "Full Service Personal Care Establishment" Liquor License to Valerie's Salon, 3407 W. Elm Street, McHenry. The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in 0 customer -oriented, efficient and fiscally responsible manner. Pane t of 7 � CITY OF MCHENRY Md ICC J APPLICATION FOR LIQUOR LICENSE License Number: This section ..e _ _ completed by McHenry City Staff Fee Received: License Issue Date: Date Fee Received: License Effective Date: Date Receipt Issued: Payment Type: (Cash, Cashiers Check, Certified Check Check Number: Notice: All Liquor License Applications are to be filed with the Office of the Mayor. All licenses expire on April 3011' following the date of issuance. ALL SECTIONS OF THIS APPLICATION MUST BE FILLED OUT TRUTHFULLY AND IN THEIR ENTIRETY. IF A SECTION DOES NOT APPLY TO YOU MARK "N/A". ALL REQUIRED ATTACHMENTS MUST BE SUBMITTED WITH THIS APPLICATION. ; Section i: License Classification Date of Application: License Type: (Class A, Class B, Class C, Class D) Catering Endorsement: (Yes / No) New License or Transfer of License (select one) ' SectionApplicant Business Name of Business Address Telephone Etnail Address t .r' t ' '" c3.%t rl p' �,C of ST— 772-'2� Business Type Type of Business: (Select One: Club, Sole Proprietor, Partnership, LLC or Corporation) Attached Business Filing with State Sv C Principal Type of Business: (identify One: Liar, restaurant, retail store, hotel restaurant, gas station, gaming parlor, etc.) (J Do you Intend to apply for gaming machines through the State of Illinois? (Yes or No) jJ List State of filing for LLC, Corporation, Partnership and Sole Proprietor: 6 How long has the sole proprietor, Club, Partnership, Corporation or LLC been In the business of sellingalcohol? (List Dote) %V L�(:T� Section 4: Zoning What Zoning Classification Is business property? (Select One: Section 5: Business Location History Date on which the business opened or will open at the above Business Location: Is the property at which the applicant business Is located owned or leased by the applicant? 4,.,it/ i; l7 If teased please list owner information below: Person or Business Name: Address: Phone & Email: A copy of the property lease agreement must be attached to this application. Please mark N/A or Attached V : f If property is owned by a land trust, trustee must file affidavit disclosing names and addresses of all beneficial owners and percentage of Interest. Please mark N/A or Attached N// + Is the location of applicant's business for which license Is sought within one hundred feet of any church, school (except institutions of higher education), hospital, funeral home, home for aged or indigent persons or for veterans �V and their families or any military or naval station? (Yes or No) How many private property parking spaces are associated with the business location? (LIST NUMBER) List Agent: An Agent is the authorized representative of the Licensee who has supervisory authority over all employees of the license premises. An agent may be an owner, partner, member, or designated manager. Full Name DOB Home Address Citizenship If Naturalized: Birth or List date & place of Naturalization naturalization i=1„ /1,1 r;n,.-/ r l?c z 011 Section 7: Business History Have the applicant(s) (including all 5% or higher owners), corporation, LLC, or partnership ever engaiied In the � j business or sale of alcoholic liquor at any other location? (Yes org) ► If Yes, list Information below. Name of Person Name of associated corporation, LLC or partnership DBA Name Address Section Illinois State Liquor License Number Applicant's Retailer's Occupational tax (ROT) Registration Number i �� `j 7, Has applicant been delinquent in the payment of the Retailer's Occupational Tax (Sales Tax)? (Yes or No) If you answered "Yes" above provide a reason otherwise mark N/A. Section 9: Insurance List the name and address of dram shop Insurance company along with the policy number(s) for both the applicant business and the owner of the building in which the alcoholic liquor will be sold for the duration of the license. Name: Address: Policy Number 0NL�sS A -cwL� 1.3 at, 4 4t&,1, A -%DVS QuestionnaireSection 10: Background The following questions are In relation to the McHenry City Liquor Ordinance and Illinois law as it pertains to liquor licensing. All questions must be answered honestly, Failure to do so may disqualify you from the application process, Are you familiar with all the laws of the United Stales, State of Illinois and ordinances of the City of McHenry pertaining to the sale of alcoholic liquor; and will you abide by them? (Yes or No) /1 Will you maintain the entire premises in a safe, clean and sanitary manner free from conditions, which might cause accidents? (Yes or No) Will you attempt to prevent rowdiness, fights and disorderly conduct of any kind and Immediately notify the McHenry Police Department Is any such events take place? (Yes or No) 1� Has any manufacturer, importing distributor or distributor of alcoholic liquors directly or Indirectly paid or agreed to pay far this license, advanced money or anything else of value or any credit (other than merchandising credit In the ordinary course of business for a period not in excess of 90 days), or is such a person directly or indirectly interested in the ownership, conduct or operation of the place of business? (Yes or No) Have any of the applicants, including all listed agents and partners who have a minknum of a 5%ownership h► the business been convicted of any violation of any law pertaining to alcoholic liquors? (Yes or No) If "Yes"provide the name of the applicant and a description of the violation Name Description: include date and location Have any of the applicants, including all listed agents and partners who have a minimum of a 5% ownership In the business been convicted of a felony or misdemeanor? (Yes or No) / If "Yes" provide the name of the applicant and a description of the violation Name Description: include date and location Ly` Have you, or any partner, or owner of 5% or more shares of the buslnQss or Agent, ever had a !l�uarllcense revoked or suspended?.(Yes or:No) (� !f "Yes" rovlde npme s), date(sJ and location' Date and Location of Offense wuu .... i. murrrcuy «ecr►rarru rn upprrcunr � PIULt: vj uubrneaa, u. ruyV cn/wr rnd yjjrcrur yr . ��} ficfa! (mayor, alderman, and member of any City commission, committee or boardJ? (Yes CJ !f "Yes.." prMde the name of the Individual and there address and telephone Address and.Telephone Have you ever been convicted of a'gambling offense (if a partnership or;corporadon, Include a!! partners, owners: _ /� - . V of 3%ormore.snares of the corporation and the local m..anager ? Yes or No If yY ' p/ovide the name of the indlv/dua! and the date/location of #hQ offense, Name Date and Location of Off Paae b of 7 SectionOwnership A list of all owners, partners, stock holders and members must be listed below. Owner #1: Name 2-1 C DOB — >> Address 'L 1 V Phone � Percentage of Ownership " —Citizenship (Birth or Naturalization) I (J` A If Naturalized: List time & place of naturalization Employment History for Last 10 Years Employer Occupation _ Address Dates z4 - P w ij C 1" C. o Owner #2: Name DOB Address Phone Percentage of Ownership Citizenship (Birth or Naturalization) If Naturalized: List time & place of naturalization Employment History for Last 10 Years Employer Occupation Address Dates Owner IM Name _ of naturalization DOB Address Phone Percentage of Ownership Citizenship (Birth or Naturalization) If Naturalized: List time & place _ Employment History for Last 10 Years Employer Occupation Address Dates ror7 Section 12: Required Attachments Business Dram Shoo'Insurance Pro a Dram ShopInsurance if Applicable): Business Filing Paperwork with State: Club, Sole Proprietor, Partnership, "LLC or Cor oration State Li'uorLicense p Buildln ` Lease Agreement if Applicable) 1, the undersigned, being first duly sworn, deposes and says that I (we), have read the above and foregoing Application, caused the answers to be provided thereto and all of the information given on said Application to be true and correct, and consent to Investigation and background check by the Local Liquor Control Commissioner or his designee and agreg<lq comply with all City Ordinances and the rules stated on this application. / j n , SOLE POPRIETOR:� S gnature of Ap 'can ya-�re. ? ret'x' Print Name PARTNERSHIP: (Authorized Agent of the Partnership) Signature Print Name Title CORPORATION: (Authorized Agent of the Corporation) Signature Print Name Title AGENT: (Must be signed by agent also if agent is not a owner) Signature of Local Manager Print Name OFFICIAL SEAL DEBRA MEADOWS NOTARY PUBLIC - STATE OF ILLINOIS MY COWSSiON EXPIRES 120121 BUSINESS NAME VALERIE's ADDRESS 329 FRONT ST., MCHENRY IL 60050' I�(5� VALE RIE G. ZIEBEL ,�- ,�,.. J4pRvjr��fa �sso y;r,.n �}`uaCSa���3a� Tn.., fry_ rz r��a �� ��3 �d ,. .•c� ,_ ` � ° `..r �zhave received the filing fee for the Certificate of O,Amership. Derik Morefield, City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 dmorefield@ci.mchenry.il.us REGULAR AGENDA ITEM DATE: August 5, 2019 TO: Mayor and City Council FROM: Wayne Jett, Mayor Derik Morefield, City Administrator John Birk, Police Chief RE: Approval or denial of a Class A "Full Bar" Liquor License to Fast Eddie's Full Service Car Wash & Detail Center, 2150 N. Richmond Road, McHenry and, if approved, the adoption of an Ordinance amending Chapter 4 of the Municipal Code, increasing the number of number of Class A "Full Bar" liquor licenses from 40 to 41. ATT: Application for a Class A "Full Bar" Liquor License Informational Materials on Project Ordinance AGENDA ITEM SUMMARY: The purpose of this agenda item is for Council to consider the issuance of a Class A "Full Bar" Liquor License to Fast Eddie's Full Service Car Wash & Detail Center located at 2150 N. Richmond Road, McHenry BACKGROUND: Kim and Joe Doherty, owners of Fast Eddie's Full Service Car Wash & Detail Center and residents of McHenry, are requesting the issuance of a Class A "Full Bar" Liquor License to be able to sell alcohol as an amenity to their primary business as a full service car wash and detail center. The Doherty's have identified that they will also be seeking the approval for video gaming. Under the recently amended Ordinance related to Video Gaming, City Council has the authority to consider the approval for video gaming on a case by case basis as a separate action from liquor license consideration. Therefore, based on Council's action on this agenda item, consideration of the issuance of a Video Gaming License will follow. A background check has been successfully completed. The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer -oriented, efficient and fiscally responsible manner. ANALYSIS: A Class A "Full Bar" Liquor License is being requested by Fast Eddie's. Per Chapter 4 of the Municipal Code, a Class A "Full Bar" Liquor License is defined as follows: Issuance of a Class A license shall authorize the sale of Alcoholic liquor for consumption on the premises, and retail sale of packaged liquor. The annual fee for such licenses shall be $1,500.00. A Class A licensee shall be eligible to apply for a Catering Endorsement for an additional fee of $300, which shall permit the service of Alcoholic liquor for off -site consumption as an incidental part of food service, sold at a package price, as agreed upon under contract. Nonprofit organizations with a Class A license shall be eligible to pay a reduced fee of $500 to receive and maintain a Class A license. No more than 40 Class A licenses shall be in force in the City at any time. Further, the definition of "Full Bar" in the Municipal Code is as follows: An area within a business that is designed to store, sell, pour, serve and consume alcoholic beverages which includes a structure in the appearance of a counter, across which alcoholic beverages are served. A full bar can be a standalone component of a business, whose primary service is the service of alcoholic beverages, or it may be a component added to a restaurant business who provides tabled food service and alcoholic beverage service as the two core components of the business. Based on the definitions of a Class A "Full Bar" liquor license, Staff does not believe that Fast Eddie's meets the eligibility requirements for licensure. Specifically, Fast Eddie's provides neither the service of alcoholic beverages as a primary service or tabled food service as part of a restaurant as a core component of the business. RECOMMENDATION: Approval or denial of a Class A "Full Bar" Liquor License to Fast Eddie's Full Service Car Wash & Detail Center, 2150 N. Richmond Road, McHenry and, if approved, the adoption of an Ordinance amending Chapter 4 of the Municipal Code, increasing the number of number of Class A "Full Bar" liquor licenses from 40 to 41. I oTr CITY OF MCHENRY1c11 n APPLICATION FOR LIQUOR LICENSE Staff License Number: This section to . by McHenry City Fee Received: License Issue Date: Date Fee Received: License Effective Date: Date Receipt Issued: Payment Type: (Cash, Cashiers Check, Certified Check Check Number: Notice: All Liquor License Applications are to be filed with the Office of the Mayor. All licenses expire on April 30th following the date of issuance. ALL SECTIONS OF THIS APPLICATION MUST BE FILLED OUT TRUTHFULLY AND IN THEIR ENTIRITY. IF A SECTION DOES NOT APPLY TO YOU MARK "N/A". ALL REQUIRED ATTACHMENTS MUST BE SUBMITTED WITH THIS APPLICATION. Section 1: License Classification Date of Application: 06/19/2019 License Type: (Class A, Class B, Class C, Class D, Class E) Class A Catering Endorsement: (Yes / No) INo New License or Transfer of License (select one) INew License SectionApplicant Name of Business Address Telephone Email Address Fast Eddie's Full Service Car Wash & Detail Centerl 2150 N Richmond Road, McHenry, IL 60051 (815) 363-7100 Section3: Type of Business: (Select One: Club, Sole Proprietor, Partnership, LLC or Corporation) Attached Business Filing with State Corporation Principal Type of Business: (Identify One: Bar, restaurant, retail store, hotel restaurant, gas station, gaming parlor, etc.) full service car wash Do you intend to apply for gaming machines through the State of Illinois? (Yes or No) Yes List State of filing for LLC, Corporation, Partnership and Sole Proprietor: Illinois How long has the sole proprietor, Club, Partnership, Corporation or LLC been in the business of N/A selling alcohol? (List Dote) Section 4: Zoning What zoning Classification is business property? (Select One: Section 5: Business Location History Date on which the business opened or will open at the above Business Location: 11/16/1998 Is the property at which the applicant business is located owned or leased by the applicant? lowned If Leased please list owner information below: Person or Business Name: N/A Address: N/A Phone & Email: N/A A copy of the property lease agreement must be attached to this application. Please mark N/A or Attached N/A If property is owned by a land trust, trustee must file affidavit disclosing names and addresses of all beneficial N/A owners and percentage of interest. Please mark N/A or Attached Is the location of applicant's business for which license is sought within one hundred feet of any church, school N/A (except institutions of higher education), hospital, funeral home, home for aged or indigent persons or for veterans and their families or any military or naval station? (Yes or No) How many private property parking spaces are associated with the business location? (LIST NUMBER) 29 Section 6: Business Agent List Agent: An Agent is the authorized representative of the Licensee who has supervisory authority over all employees of the license premises. An agent may be an owner, partner, member, or designated manager. Full Name DOB Home Address Citizenship If Naturalized: Birth or List date & place of Naturalization naturalization Joseph Doherty 217 Loch Glen Lane, McHenry, IL 60050 USA N/A LOT / SectionHistory Have the applicant(s) (including all 5% or higher owners), corporation, LLC, or partnership ever engaged in the business or sale of alcoholic liquor at any other location? (Yes or No) If Yes, list information below. Name of Person Name of associated corporation, LLC or partnership DBA Name Address Section 8: Business Licensing and Filling Identification Illinois State Liquor License Number N/A Applicant's Retailer's Occupational tax (ROT) Registration Number 36-4716140 Has applicant been delinquent in the payment of the Retailer's Occupational Tax (Sales Tax)? (Yes or No) A i O I V If you answered "Yes" above provide a reason otherwise mark N/A. N/A Section 9: Insurance List the name and address of dram shop insurance company along with the policy number(s) for both the applicant business and the owner of the building in which the alcoholic liquor will be sold for the duration of the license. Name: Address: Policy Number Auto -Owners Insurance: Gnade Insurance Group, Inc. 219 White St, Frankfort, IL 60423 N/A Section1: Background Questionnaire The following questions are in relation to the McHenry City Liquor Ordinance and Illinois law as it pertains to liquor licensing. All questions must be answered honestly. Failure to do so may disqualify you from the application process. Are you familiar with all the laws of the United States, State of Illinois and ordinances of the City of McHenry pertaining to the sale of alcoholic liquor, and will you abide by them? (Yes or No) Yes Will you maintain the entire premises in a safe, clean and sanitary manner free from conditions, which might cause accidents? (Yes or No) Yes Will you attempt to prevent rowdiness, fights and disorderly conduct of any kind and immediately notify the McHenry Police Department is any such events take place? (Yes or No) Yes Has any manufacturer, importing distributor or distributor of alcoholic liquors directly or indirectly paid or agreed to pay for this license, advanced money or anything else of value or any credit (other than merchandising credit in the ordinary course of business for a period not in excess of 90 days), or is such a person directly or indirectly interested in the ownership, conduct or operation of the place of business? (Yes or No) NO Have any of the applicants, including all listed agents and partners who have a minimum of a 5% ownership in the business been convicted of any violation of any law pertaining to alcoholic liquors? (Yes or No) A I O I V If "Yes" provide the name of the applicant and a description of the violation Name Description: include date and location Have any of the applicants, including all listed agents and partners who have a minimum of a 5% ownership in the business been convicted of a felony or misdemeanor? (Yes or No) �No If "Yes" provide the name of the applicant and a description of the violation Name Description: include date and location Page 3 of 7 Section 1 • •: Background Questionnaire Will you and all your employees refuse to serve or sell alcoholic liquor to an intoxicated person or to a minor? (Yes or No) Yes Has any owner(s) or member(s) of a Partnership been issued a federal gaming devise stamp or a federal wagering stamp by the federal government for the current tax period? If a Corporation, has any officer, manager, or director thereof; or, any stockholder owning in the aggregate more than twenty (20) percent of the stock, been issued a federal wagering devise stamp or a federal wagering stamp by the federal government for the current tax period? (Yes or No) NO If "Yes" provide name(s), date(s) and location Name Date and Location of Issuance Have you, or any partner, or owner of 5% or more shares of the business or Agent, ever had a liquor license �No revoked or suspended? (Yes or No) If "Yes" provide name(s), date(s) and location Name Date and Location of Offense Is any individual who is directly or indirectly interested in applicant's place of business, a law -enforcing official or �No elected public official (mayor, alderman, and member of any City commission, committee or board)? (Yes or No) If "Yes" provide the name of the individual and there address and telephone. Name Address and Telephone Have you ever been convicted of a gambling offense (if a partnership or corporation, include all partners, owners of 5% or more shares of the corporation and the local manager)? (Yes or No) �No If "Yes" provide the name of the individual and the date / location of the offense. Name Date and Location of Offense Panes d of 7 SectionOwnership Records A List of all owners, partners, stock holders and members must be listed below. Owner #1: Name Kimberly Doherty DOB Address 217 Loch Glen Lane, McHenry, IL 60050 Phone Percentage of Ownership 51 % Citizenship (Birth or Naturalization) Birth If Naturalized: List time & place of naturalization Employment History for Last 10 Years Employer Occupation Address Dates Fast Eddie's Full Service Car Wash & Detail Center owner Fast Eddie's Full Service Car Wash & Detail Center 11/16/1998 - Present Owner #2: Name Joseph Doherty DOB Address Fast Eddie's Full Service Car Wash & Detail Center Phone ( Percentage of Ownership 49% Citizenship (Birth or Naturalization) Birth If Naturalized: List time & place of naturalization Employment History for Last 10 Years Employer Occupation Address Dates Fast Eddie's Full Service Car Wash & Detail Center owner Fast Eddie's Full Service Car Wash & Detail Center 11/16/1998 - Present Owner #3: Name DOB Address Phone Percentage of Ownership Citizenship (Birth or Naturalization) If Naturalized: List time & place of naturalization Employment History for Last 10 Years Employer Occupation Address Dates P—P F of 7 Owner #4: Name DOB Address Phone Percentage of Ownership Citizenship (Birth or Naturalization) If Naturalized: List time & place of naturalization Employment History for Last 10 Years Employer Occupation Address Dates Owner #5: Name DOB Address Phone Percentage of Ownership Citizenship (Birth or Naturalization) If Naturalized: List time & place of naturalization Employment History for Last 10 Years Employer Occupation Address Dates Owner #6: Name DOB Address Phone Percentage of Ownership Citizenship (Birth or Naturalization) If Naturalized: List time & place of naturalization Employment History for Last 10 Years Employer Occupation Address Dates rage o of t Owner #7: Name DOB Address _ Phone Percentage of Ownership Citizenship (Birth or Naturalization) If Naturalized: List time & place of naturalization Employment History for Last 10 Years Employer Occupation Address Dates Owner #8: Name _ DOB Address Phone _ Percentage of Ownership Citizenship (Birth or Naturalization) If Naturalized: List time & place of naturalization Employment History for Last 10 Years _ Employer Occupation Address _ Dates Owner #9: Name DOB Address Phone Percentage of Ownership Citizenship (Birth or Naturalization) If Naturalized: List time & place of naturalization Employment History for Last 10 Years Employer Occupation Address Dates ALM Owner #10: Name DOB Address Phone Percentage of Ownership Citizenship (Birth or Naturalization) If Naturalized: List time & place of naturalization Employment History for Last 10 Years Employer Occupation Address Dates Section 12: Required Attachments Business Dram Shop Insurance Property Dram Shop Insurance If Applicable) Business Filing Paperwork with State: Club, Sole Proprietor, Partnership, LLC or Corporation State Liquor License Building Lease Agreement If Applicable) I, the undersigned, being first duly sworn, deposes and says that I (we), have read the above and foregoing Application, caused the answers to be provided thereto and all of the information given on said Application to be true and correct, and consent to investigation and background check by the Local Liquor Control Commissioner or his designee and agree to comply with all City Ordinances and the rules stated on this application. SOLE PROPRIETOR: Signature of Applicant Print Name PARTNERSHIP: (Authorized Agent of the Partnership) Signature Print Name Title CORPORATION: (Authorized Agent of the Corporation) Joseph Doherty Signature Jose Oh Doherty Print Name owner Title AGENT: (Must be signed by agent also if agent is not a owner) Signature of Local Manager Print Name Mayor Jett, Aldermen, and City Staff 8--2-2019 Thank you for taking the time to consider our request for a city liquor license and approval for video gaming at Fast Eddie's Carwash and Detail Center, 2150 N Richmond Road McHenry. We are lifelong residents and have been responsible business owners in McHenry for 20 years. During that time we have worked very hard to run a business that our city can be proud to have as part of our community. Our carwash is a full service carwash where people come inside and wait for their vehicles for between 20 minutes and four hours depending on which services they are receiving. Many of our customers have expressed a desire to be able to game as they wait for their vehicles to be washed or detailed. As successful business owners we know how important it is to listen to our customers. After two years of perfecting this plan we feel video gaming at Fast Eddie's would provide a great diversion for those who would like to game and it would make their wait time with us more enjoyable. We realize gaming is not for everyone and our plan allows for it to be accessible to those who would like to partake, but not bothersome to those who choose not to. 2150 N. Richmond Road - McHenry, Illinois 60050 - (815) 363-7100 - Fax (815) 363-7358 2 Some important points- ■ We will not display signage advertising video gaming at the roadway or storefront. ■ We will limit alcohol to wine only (limit 2 mini wine bottles) per person ■ Wine would only be allowed to be consumed in the gaming area and served only by manager on duty, who would be BASSET certified. ■ The gaming area would include a video monitor showing the vehicles in the drying area. ■ The area would be in full view of staff over the age of 21 ■ The gaming area would be open during our regular business hours only, and we would not expand our hours for gaming. ■ We have more than ample parking. Our request comes at a time when we feel the need to expand our detail area to accomodate more vehicles, motorcycles and wave runners. Our expansion would blend in with our current building. Some other Facts: ■ We have maintained a pristine facility for 20 years. ■ We contribute tremendously to charities and causes in McHenry. ■ We sell Illinois State Lottery tickets. 3 ■ We have been voted "The Best" of the Fox by the Northwest Herald for 18 consecutive years. ■ Currently we employ 27 people at our McHenry location. ■ We have incurred a huge increase in our sewer and water rates, the added revenue from gaming would help cover that expense, gaming would help fund our needed expansiion. ■ Other carwashes in the Chicagoland area currently offer video gaming with much success.\ ■ We have an ongoing police presence of on and off duty officers who have their vehicles washed at Fast Eddie's which makes customers feel secure. ■ We constantly reinvest in our facilities, most recently by installing a new piece of equipment in our wash tunnels which offers Wonder Wax our own trademarked product. ■ With the type of carwash that we are it is vital that we continue to give people a reason to come inside and choose a carwash where you need to exit your vehicle. ■ We have a comfortable waiting area with television and current magazines. We offer free coffee and free popcorn. ■ We have a gift shop which offers many items for sale including greeting cards. ■ We have hosted events such as a Cinco de Mayo Festival with a live mariachi band, a Carwash Karaoke event with music, food and prizes, Girl Scout Cookie sales and a Medical wellness check. M We are constantly striving to keep Fast Eddie's a fun and exciting place to be. Please know that if granted approval to go forward we would consider it a privilege not a right and would be especially conscious of the responsibility we have in keeping our establishment a respected business in our community. If you have any questions at all or would like to meet again at Fast Eddie's to review our proposal please contact us at 815-482-2377 or doherty729sbcglobal.net Thank you, Joe and Kim Doherty Fast Eddie's Carwashes s _ J� � �_ �_ 1� ~ `-� I `` ``\``\ 1 i � / ` � �, \ �� y ._ ',� � . �\ �► � ��� g \� � , �. �. ., ORDINANCE NO. MC-19-XXXX Amending Section 4-6(a) of Municipal Code Chapter 4, Alcoholic Liquor Increasing the Number of Class "A" Liquor Licenses in Effect from Forty -One (41) to Forty -Two (42). WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. NOW, THEREFORE BE IT ORDAINED by the City Council of the City of McHenry, McHenry County, Illinois, as follows: SECTION 1: Section 4-6(a) of the Municipal Code relating to liquor license classifications, shall be amended as follows: (a) Class A ("Full Bar") license. Issuance of a Class A license shall authorize the sale of Alcoholic liquor for consumption on the premises, and the retail sale of packaged liquor. The annual fee for such licenses shall be $1,500.00. A Class A licensee shall be eligible to apply for a Catering Endorsement for an additional fee of $300, which shall permit the service Alcoholic liquor for off -site consumption as an incidental part of food service, sold at a package price, as agreed upon under contract. Nonprofit organizations with a Class A license shall be eligible to pay a reduced fee of $500 per year to receive and maintain a Class A license. No more than 42 Class A licenses shall be in force in the City at any time. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not effect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All ordinances, orparts thereof, in conflict herewith are hereby repealed to the extent of such conflict. SECTION 3: This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. SECTION 4: This ordinance shall be in full force and effect from and after its passage, approval and publication, as provided by law. Passed and approved this 5th day of August, 2019. Ayes Nays Absent Abstain Alderwoman Baehne Alderman Devine Alderman Glab Alderman Mihevc Alderwoman Miller Alderman Santi Alderman Schaefer Wayne Jett, Mayor Monte Johnson, Deputy Clerk Derik Morefield, City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 dmorefield@ci.mchenry.il.us REGULAR AGENDA ITEM DATE: August 5, 2019 TO: Mayor and City Council FROM: Wayne Jett, Mayor Derik Morefield, City Administrator John Birk, Police Chief RE: Approval or denial of a Video Gaming License for Fast Eddie's Full Service Car Wash & Detail Center located at 2150 N. Richmond Road, McHenry, contingent upon the action taken on Agenda Item G ATT: Application for a McHenry Video Gaming License AGENDA ITEM SUMMARY: Contingent upon the action taken by Council on Agenda Item 6G, the purpose of this agenda item is for Council to consider the issuance of a McHenry Video Gaming License to Fast Eddie's Full Service Car Wash & Detail Center located at 2150 N. Richmond Road, McHenry BACKGROUND: Kim and Joe Doherty, owners of Fast Eddie's Full Service Car Wash & Detail Center and residents of McHenry, are requesting the issuance of a McHenry Video Gaming License. Under the recently amended Ordinance related to Video Gaming, City Council has the authority to consider the approval for video gaming on a case by case basis and separately from liquor license consideration as a separate action. This agenda item will only be considered should Council approve the issuance of a Class A "Full Bar" liquor license as requested under Agenda Item 61. Issuance of the McHenry Video Gaming License would be contingent upon the issuance of a State of Illinois Video Gaming License, payment of all fees associated with licensure, execution of a Development Agreement regarding signage, portioning and video monitoring, and any other conditions of licensure as identified in the Municipal Code. The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer -oriented, efficient and fiscally responsible manner. RECOMMENDATION: Approval or denial of a McHenry Video Gaming License for Fast Eddie's Full Service Car Wash & Detail Center located at 2150 N. Richmond Road, subject to obtaining a State of Illinois Video Gaming License and meeting all other conditions contained in the McHenry Municipal Code related to Video Gaming licensure. T I11I 1111101- Terminal Fee: Terminal Operator Fee: Date: Check: Cash: City of McHenry Video Gaming License Application Annual License Term May 1" through April 30th Attach Copy of Valid Illinois Gaming Board License to Application Annual license fee payable to the city for a licensed private business shall be $1000 for each video gaming establishment and $1000 for each video gaming terminal. Fees for non -for -profit establishments shall be $250 for the annual video gaming establishment and $250 for each video gaming terminal. The applicant shall obtain a state license and exhibit proof of said license. IC 1. Applicant's Corporate Name: !"_ V OW 2. Business Street Address: v( N - /Z1 e1�.`` 04) /0 3. Business Telephone Number: ?15-A5-�Iav Email Addressly 4. Number of Video Gaming Terminals to be operated: (maximum 5) KWq 5. Name, business address, telephone number, and email address for your Terminal Operator: �f�5% E7�%%/��� lflZl,%�� �_PC_TRIL. (L_4� ZfiC 6. Have you made application for a similar license for premises other than described in this location? Vp If so, provide date, location of premises and disposition of application 7. Has any li fise previously issued to you by State, Federal, or local authorities been revoked? No Yes If you answered yes, state reasons and date of revocation(s) The undersigned signed: Print Name: i this application are true and correct. Title: �ON�/�-