McHenry County Blog

To the tune in “My Fair Lady:”

“They said that they would do it, would do it.

“They said that they would do it, would do it.

“And, indeed they did.”

Web page from which one can find the packet of information to be considered at the council meeting.

I notice on the Crystal Lake City Council has followed in the footsteps of the Huntley and Carpentersville School Districts, McHenry County College and the McHenry County board and posted its board packet.

Crystal Lake City Council

Now citizens and other nosy bodies can find out what the council members will be discussing before the meeting.

The link is on this page right between the board agenda and the searchable city council minutes.

One giant step toward transparency.

The end of January Northwest Herald Editor Dan McCaleb got Lakewood Village President Erin Smith to say that “in the future” Lakewood might be willing to discuss returning its fire protection to the Crystal Lake Fire Department. (The link provided is is not a link to the story; it’s a link to a page that will allow you buy the story for $2.95, if you so desire.)

For as long as I can remember (back to 1958 in McHenry County), Lakewood’s fire protection was provided by Crystal Lake.

But a couple of years ago Crystal Lake proposed a pricing structure that would have eventually eaten up Lakewood’s entire budget,.

While fire protection is important, Lakewood residents also value snow removal, road repair and police protection. Some even want a bicycle path and algae removal.

So the village staff and board did some hard-nosed cost-benefit analysis and concluded that it could start its own fire department, run by a private firm, American Emergency Service Corporation, and save money after the second year.

Lakewood now has begun the fourth year of a five-year contract for privatized service. Twenty-two months are left.

The Lakewood Village Board before it went into Executive Session Tuesday night. From left to right, you see Village Trustees Carl Davis, John Pfeuffer and Gene Furey,Village Clerk Janice Hansen and Village President Erin Smith.

But “the future” mentioned in McCaleb’s column is now.

The rest of the Lakewood Village Board before closing doors on the public to discuss litigation and personnel. From left to right are Village Manager Catherine Peterson, Village Attorney Richard Flood and Village Trustees Kenneth Santowsk, Dorothy Pfeuffer and John Burton.

At the Tuesday before last’s closed session to discuss litigation, the Lakewood Village Board talked about settling the suit with Crystal Lake over disputed non-payment for fire protection service and returning to the fire protection umbrella of Crystal Lake.

Crystal Lake has lost about $750,000 in revenue each year because of Lakewood’s pull-out.

On a 6-1 vote (Jeff Thorsen voting “No”), it has raised its city sales tax rate by 75% at Mayor Aaron Shepley’s behest.

Crystal Lake First Station nearest to Lakewood

Empty stores are everywhere.

Clearly Crystal Lake would love to have Lakewood return to its fire protection foal.

But, unlike the headline on McCaleb’s column, it’s more about the money than the good government goal of shared services.

Bryn Mawr subdivision sign on Route 176 near Route 47

(Logic would say that the Lakewood fire station should serve the subdivision in Crystal Lake that is closer to Route 47 than Route 14.

(Likewise, the Crystal Lake Fire station on Bard Road should be protecting Country Club Additions, Turnberry and other nearby Lakewood subdivisions.

(But, logic doesn’t always work in local governmental relations.)

Lakewood Fire Department on Haligus Road near Route 176

Before Crystal Lake wanted to charge Lakewood residents the same tax rate that Crystal Lake residents and businesses paid. Just as Lakewood residents would pay for Crystal Lake library services.

The city would not recognize that the mix of buildings in Lakewood is markedly different from that in Crystal Lake.

Lakewood does not have much business property. No high rise hotels.

Lakewood does not need all of the equipment that Crystal Lake needs to protect its large corporate structures.

In the past, Crystal Lake officials have failed to understand the concepts of marginal costs and marginal revenue.

The marginal cost of providing fire protection to Lakewood is low.

Any extra revenue is almost pure gravy.

Now, it may not seem fair to some city council folks that homeowners in Lakewood would pay less than those in Crystal Lake.

I can tell you it doesn’t seem fair to me that Crystal Lake gets to keep all my sales tax.

So, where one lives has advantages and disadvantages.

But getting “less” than one wants for something may be worth thinking about.

And maybe Crystal Lake is having such thoughts now that it thinks it has a stretched thin budget.

Main Crystal Lake Fire Station

Right not the city budget is getting less than “less,” that is, nothing.

That resulted from a misconception of its bargaining position, of thinking Crystal Lake thought it had all the fire protection marbles in town.

Obviously, Lakewood came up with a satisfactory solution.

But, now the two sides are back at the bargaining table again.

And, it appears serious discussions are taking place.

I can’t imagine more isn’t on the table that fire protection. After all, what Lakewood has in place seems to be working well.

There has to be a third leg to the negotiations. Maybe even a fourth leg.

From left to right, Council members Ellen Brady Mueller, Ralph Dawson, Cathy Ferguson, Attorney John Cowlin, City Manager Gary Mayerhofer, Mayor Aaron Shepley, City Clerk Nick Kachiroubas, and Council members Brett Hopkins, Carolyn Schofield and Jeff Thorsen.

I would observe that if Crystal Lake wants to settle the suit, maybe Crystal Lake is not so sure it can win its collection case against Lakewood.

Likewise, if Lakewood wants to settle the suit, maybe Lakewood is not so sure it can emerge victorious.

It’s been my experience when one side of a lawsuit wants to settle, they are nervous about the outcome of their case.

What will the resolution be?

It certainly will be discussed in public if the contract with American Emergency Service Corporation (Lakewood’s fire protection firm) is to be amended.  I am not aware that contract changes can be kept out of an open meeting.

And, any lawsuit settlement will have to be at least voted upon in public, while it may be discussed in private by both ruling bodies.

I have cited Huntley School District 158 as a model of transparency. I did so most recently for all to see at a Crystal Lake City Council meeting when I was perturbed that I could not find the council packet on the internet on the city’s brand-new web site.

I thought I got a favorable response, but last weekend I went looking for the information that the council folks had already received and there was nothing to be found.

Crysal Lake City Council

Asking City Manager Gary Mayerhofer about when it might happen, I was told that staff was ready, but waiting for direction from the council. Based on that representation, I didn’t ask again during the public comment section. If by the next meeting I attend it is not up, I shall, as you would expect, make mention of it again.

In any event, the Huntley School District was the web site I pointed to as what I hoped Crystal Lake would emulate.

But outside of the board packet’s posting, the Huntley School District is no model of transparency, even though outgoing School Board President Shawn Green represented as such.

Why would I say that?

While McHenry County government has been known to reply to a Freedom of Information request in less than 24 hours, the Huntley School District tends to take the pretty much the maximum amount of time allowed by law.

And, in the instance of my search for anyone employed by District 158 with a Special Education Director qualification, as defined by the Illinois State Board of Education, the term “dragging of the heels” is too mild to use.

On Monday, February 8th, I asked for the following:

“One document for each person having a special education director endorsement on their administrator’s certificate, as verified on the State Board of Education web site.”

The same day, FOI Officer Lori Woods replied,

“Are you requesting a copy of their certificate?

“If I can be of further assistance, please feel free to contact me.”

My reply:

“I really don’t care if it the certificate or something referring to the certificate. “

Woods:

“Okay, thanks.  I’ll get working on that ASAP for you.”

My reply:

“The basic question is whether anyone in the district has a certification to be a special ed director.

“I can’t find one.”

On Friday, February 12th, I received this reply from Woods:

“The response to your FOIA regarding documentation of Special Education Director endorsement is attached.

“If I can be of further assistance, please feel free to contact me.”

That certainly is within the five-workday returned turnaround time, but consider the answer from Human Resources Director Lauren Smith that was attached:

The parsed word response of Huntley Human Services Director Lauren Smith. Note that it took her only nine minutes to formulate her answer. Click to enlarge.

Huntley School District Human Relations Director Lauren Smith

“I am not clear how to move forward on this request. Based solely on the question, I cannot provide a document for all persons with an endorsement as a special education director.”

Smith’s parsing of my words reminds me of President Bill Clinton’s:

“I did not have sexual relations with that woman.”

Being the persistent type, I filed a new Freedom of Information request on Friday, February 12th, saying,

“It seems to me that my Special Ed certification request was pretty clear, clear enough to ask the IL AG’s office in an appeal and get a letter sent to District 158 the way one was recently sent to Grafton Township officials.  Instead, for a very brief time (I do not promise to wait 5 days, just to delay until the thought of an appeal enters my head again), let me give you another chance with the re-wording of the question you see below:

“I request all documentation provided by the Regional Superintendents Office or State Board of Education that evidences each district employee who holds or has held a Special Education Director endorsement during the 2009 – 2010 fiscal year, including any employee who was employed by the district in FY 2009 – 2010, and any certificate or copy thereof of in possession of the district that evidences the referenced employees’ holding or having held the referenced endorsement.

“A simple ‘We have no record of any such evidence that a Special Ed Director Endorsement has been held by any of our employees during Fiscal Year 2009-2010′ will suffice, if that is the situation.” (Emphasis added.)

Seven days later, I received this reply:

“The response to your FOIA for Special Education Director endorsement is attached.

“If I can be of further assistance, please feel free to contact me.”

Now, Human Resources Director Smith has discovered,

It took twelve days to get this answer. Click to enlarge.

Very interrresssting.

“Upon review of certified staff members, including administrators, there is not an employee as of this date with a Director of Special Education endorsement.”

Ver-r-r-r-y in-ter-r-r-r-r-es-s-s-t-ing, as the Laugh-In Nazi would say.

Not that I think Green had any knowledge of the games his staff was playing, but I would point out this answer was received the day after Green praised the district’s transparency.

It was not received before I got fed up at not having receiving a timely answer to my question of February 8th, though.

I would suggest the kiddie games evident above are unworthy of a local government aspiring to be known as a “model of transparency.”

= = = = =

The 800 number of the Illinois Attorney General’s Public Access folks is 877-299-3642, by the way.  Complaints may be filed by email.  The email address is PublicAccess@AtG.State.IL.US.

Poster from one of the many supporters of the Raue Center grant.

I’m sitting in Crystal Lake City Council Chambers waiting for the passage of the resolution asking McHenry County government to recognize the importance of the city watershed protection ordinance and what should occupy the minds of most in the audience, but distribution of proceeds from the Hotel/Motel Tax.

Mayor Aaron Shepley had a staffer put up a spreadsheet on the overhead projector. It contained last year’s allocations and a row for this year.

$302,000 in the till, it appeared.

Final Crystal Lake Hotel/Motel Tax Distribution (click to enlarge)

Then he started filling in numbers.

• $15,000 for the Independence Day fireworks which the Crystal Lake Gala used to finance after the Crystal Lake Jaycees stopped sponsoring them when a youth found an unexploded one and severely injured his hand. (The Jaycees collected donations at Veterans Acres in bags.)
• $2,000 to the Crystal Lake Babe Ruth League
• $10,000 to the Crystal Lake Chamber of Commerce for the 4th of July Parade.
• $6,000 for the Chamber’s Shopping and Dining Guide.
• $35,000 for Historic Downtown Crystal Lake
• $3,600 for the Music Center
• $50,000 for Youth Sports (the baseball tournament)
• $150,000 for the Raue Center for the Performing Arts
• Volleyball – zero
• McHenry County Convention Bureau – zero at Shepley’s guidance, suggesting the money could be found elsewhere in the city budget
• $25,000 for Lakeside Center with Councilwoman Ellen Brady Mueller pointing out whatever was allocated was in addition to $8,000 in donated police services
• $2,500 for the Crystal Lake Rowing Club

The total awarded was $299,100.

Audience files out of the council chambers after the cutting up of the Hotel/Motel Tax pie. Most were supporters of the Raue Center's application.

Having received $150,000 the Raue Center supports left satisfied, even though they didn’t get the $44,000 they sought for repairs to the old movie theater.

The money collected from the Hotel/Motel Tax could be spent for any purpose.

Crystal Lake City Councilman Jeff Thorsen

Following in the footsteps of Crystal Lake City Councilwoman Carolyn Schofield is her colleague Jeff Thorsen.

He has filed the Alliance for Land, Agriculture and Water’s ethics form.

You can find it here.

As with Schofield, Thorsen was elected last year.

I wonder if this signifies that something similar to the ALAW ordinance might be considered by the city council. A motion and a second could put the issue on the floor.

Thorsen has emphasized his support of a strong Crystal Lake Watershed Ordinance, voted against allowing McHenry County College to build a minor league baseball stadium and opposed Mayor Aaron Shepley’s 75% city sales tax hike.

Remember hearing about how forest fires sometimes jump fire breaks that are intended to contain them.

That may have happened late last week with the Alliance for Land, Agriculture and Water’s conflict of interest ordinance.

Originally presented to the McHenry County Board in December, the draft ordinance was shipped off to the State’s Attorney’s Office for review.

The review came back with some good points, along with some trivial ones.

And the number of county board candidates voluntarily filing the form kept increasing. Here’s who have filed so far:

• District 1 – None
• District 2 – All but Ken Koehler, that is, Sandra DePaul, Donna Kurtz, Ellen Brady Mueller and Lyn Orphal
• District 3 – Everyone of them! Veronica Armstrong, Nick Provenzano, Craig Steagall, Barbara Wheeler and Karen Tynis
• District 4 – Sandra Salgado and Jeff Thirtyacre (Democrat)
• District 5 – Tina Hill, John Jung and Frank Wedig (Green).  Incumbent Jim Kennedy and challenger Dave Frederick have not yet filed the form.
• District 6 – All but incumbent Dan Ryan, that is, Richard Draper, Diane Evertsen, Mary McCann and Vic Narusis.

Since there is no deadline, candidates or public officials can still download the conflict of interest form, fill it out and send it in.

Indeed ALAW did not even ask candidates to fill out the ethics form; it did have a questionnaire on issued of interest, however, the results of which can be found here for the twelve county board candidates who completed it.

As you can see more candidates filled out the ethics statement than filled out the issue questionnaire.

Along the way, every candidate for sheriff has answered the conflict of interest questionnaire.

And, two incumbent county board members not up for election have completed it. One, Republican Virginia Peschke, the other, Democrat Paula Yensen.

Crystal Lake Councilwoman Carolyn Schofield

Late last week, however, the first municipal official sent in answers.

She is Crystal Lake City Councilwoman Carolyn Schofield.

What’s that all about?

She just got elected.

Does this portend an issue in the Crystal Lake city elections next spring?

Will Schofield introduce an ordinance to make completing the conflict of interest form a requirement for elected and appointed city officials, as well as city consultants?

Unlike the County of McHenry, the City of Crystal Lake is a Home Rule unit of government.

What’s that mean?

It means the Crystal Lake City Council and other Home Rule cities have more power than county government.

The standard explanation of what a Home Rule government can do is anything the General Assembly doesn’t say it can’t do.

If Schofield, the newest member of the city council, follows decides to make a variation of the ALAW ordinance mandatory in Crystal Lake, the debate could turn quite interesting.

Since city Councilwoman Ellen Brady Mueller is running for county board in District 2, she might get elected. She certainly is in the top three in the sign war.

If elected, I imagine she would resign from the council. If so, a replacement would have to be selected.

Might the council require applicants for the possible vacancy to answer the conflict of interest questions first?

Whether or not the city council passed such a requirement, any council member could let it be known that he or she would not support a candidate who did not fill out the form.

Yes, ALAW has started something that could get very, very interesting.

And the “IF” was in capital letters.

Metra Executive Director Phil Pagano and Joseph Gottemoller, attorney for Metra, appear before the Crystal Lake City Council seeking permission to proceed with annexation of the land for a Ridgefield commuter station.

Metra Executive Director Phil Pagano returned to his home town city council for a second time seeking permission to proceed with plans seeking approval for a new commuter train station in Ridgefield next to the old 84 and new Alexandra Lumber location.

The proposal debated by city council members basically said that if Metra met all the requirements set by the city council that it could gain annexation to the city.

Mayor Aaron Shepley framed the debate like this:

“The question is solely whether council wishes to assume control of development of this project.”

At the end of the debate, the council voted 5-2 to assume control. Jeff Thorsen and Ralph Dawson voted “No.”

Jeff Thorsen registered his complaint about what he saw as the one-sided nature of the agreement.

Thorsen thought the agreement too one-sided.

“The agreement does not even require they ever annex,” he said. “At the end of the day, we can’t say ‘No.’ You can say ‘No.’”

He worried that if money is needed to enforce Crystal Lake’s Watershed Ordinance that Metra would not have to pay its fair share.

Shepley wondered if Thorsen wanted county government to be the approving governmental entity, as it was for 84 Lumber, which property covers more of the watershed than would be allowed had it been annexed to Crystal Lake.

“If the county wants to be irresponsible about developing it, then it’s not on my shoulders,” Thorsen replied.

Later Councilwoman Ellen Brady Mueller pointed out that the proposed 2030 Plan for county land development does not recognize Crystal Lake’s Watershed Ordinance.

Ralph Dawson views a Ridgefield Metra Station in Crystal Lake as a way to stretch city police forces too thin.

Ralph Dawson worried about extending city police protection still farther, pointing out that the Pingree Road Station had had vandalism problems, which Crystal Lake Police had to handle.

“It’s a far stretch from the city limits,” Dawson said. “I cannot support the City of Crystal Lake annexing the station. I don’t think the city should be obligated to go that far out to give it service.”

Trying to pour water on the fire, Pagano affirmed, “Metra intends to work with the city on the watershed…and traffic.”

Still Dawson concluded,

“I don’t see my taxpayers to benefit on this project.”

Brady Mueller asked,

“Are we out there already?”

Police Chief David Lindner pointed out that his force already served nearby McHenry County College and

“If there is a request from the Sheriff and we’re closer, we go out there.”

Ellen Brady Mueller argued for city control of the Crystal Lake watershed on which the proposed Metra station would be located.

Brady Mueller wanted to know,

“Why in the world would we want to give up a piece of property in the watershed?”

“We want to have the control.”

Cathy Ferguson agreed:

“I want control. I have enormous traffic concerns.”

Both relative newcomers Brett Hopkins and Carolyn Schofield concurred.

“I’d absolutely like to see it under control of the city, rather than the county,” Schofield said.

Summing up, Shepley said,

"If we say, 'No', we're counting on somebody else to do our job," Mayor Aaron Shepley said.

“We have fought like wolverines to control what goes on in the watershed. It’s not just our right; it’s our obligation.

“There is no done deal. Mr. Hopkins said it. The only question is who should we be dealing with.

“The downside for them is if they don’t meet our standards, they still have to go to the county.

“As far as police enforcement goes, Mr. Dawson, I think that is a fair concern. If it should go to the county we’ll still be the first responders.

“The difference is that the benefits will not fall to the Crystal Lake side of the ledger.

“If we say ,’No,’ we’re counting on somebody else to do our job.”

Dawson suggested the county was “in a new era. They’re talking about water, at least they’re making waves in an election year.”

“If the county is good, we’re better,” Shepley stated. “We owe it to the people to protect their interest.”

Because of severe computer problems with my new Hewlett-Packard computer, I missed the 525th day anniversary of Mayor Aaron Shepley’s and his city council’s (sans Jeff Thorsen) 75% hike of the Crystal Lake city sales tax’s having taken effect.

It was July 1st a year and a half ago, that the cost of shopping in Crystal Lake went up.

But, you know how government is.

If there’s not enough money, don’t act like a family or a business.

Just raise taxes.

And that’s what the Crystal Lake City Council did.

The Cook County sales tax hike went into effect the same day and the Chicago Tribune has been kind enough to keep reminding its readers of that fact.

The same time that paper has been running a campaign to eliminate the Cook County sales tax hike.

And, the Tribune has a half-off stamp on its editorial page reminder. It has had some success in rolling back the tax.

Not so, the paper of record in McHenry County. Apparently a 75% sales tax hike in Crystal Lake, where the Northwest Herald is located, is A-OK.

It’s so OK, in fact, that the NW Herald never ran a story about the tax’s going up that July 1st.

Oh, well. That’s why it’s good to have more than one source of news.

The rumor mill says that Crystal Lake Mayor Aaron Shepley now favors the Viking Dodge site for a pool and community center, so perhaps this graphic by “Heck of a Guy” Crystal Lake blogger Allan Showalter of its fiery demise was in error.

I would say, favors it “again,” but Shepley was not specific as to the location when he spoke  to Crystal Lake seniors January almost a year ago.

Then, Shepley told the seniors that one of the sites was nearby. He was standing in the Senior Services building next to City Hall on Woodstock Street.

“The park district is looking at one near where you are sitting,” Shepley said.

He talked specifically about the old Oak Manufacturing building, where I had my last legislative office.

“The site (the park district is looking most closely at) is a building that is already in place,” the Mayor continued.

“If a pre-existing building, it takes less work (than new construction),” he continued.

I didn’t speculate about Viking Dodge being the location, but in February, the rumor mill was throwing off information pointing in that direction.

That turned out, of course, to be Viking Dodge.

And the Crystal Lake Park District voted to pay $6.3 million for it.

Although, through a Freedom of Information Act request, I discovered Oak Manufacturing’s old facility was in play.

Shepley predicted it would be open within two years after passage of the referendum necessary to finance it–2012.

The city council turned against Viking Dodge in September, primarily for traffic congestion reasons.

Even with an eventual new entrance on Ridgefield Road.  That’s the black line above.

Now the grapevine is saying that the YMCA had decided not to proceed with a new swimming pool, which would have been privately financed, because of the litigation resulting from the deaths of Chicago high schoolers in the. paddle boat accident.

So, I tried to check out the rumor.

I emailed Shepley at his city council address.

It’s been a while since I asked. Certainly time for Shepley to have replied.

Without confirmation the rumor remains a rumor.

Let me know if you can confirm it.

Traffic will be a major sticking point on Metra’s proposed Ridgefield commuter station the same was it was for the baseball stadium proposed for McHenry County College.

The Crystal Lake City Council unanimously approved Councilwoman Ellen Brady Mueller’s motion to reject SEC, which used to be called Smith Engineering, as the firm to provide the traffic study for the Ridgefield station which Metra wants annexed into the city.

Council members decided they would rather have one of their already authorized consultants do the study.

Metra preferred SEC because it had been contracted to do a study for a future Lily Pond Road site called East Woodstock, as well as for Ridgefield.

Questions about traffic arose from all quarters.

Carolyn Schofield: “My main concerns will be traffic and the watershed.”

Brett Hopkins: “I’m concerned about traffic”

Jeff Thorsen concurred, “You’re engineer hasn’t addressed the western development we know is going to come…I’d rather go with our pool of traffic consultants. I’m already looking at two studies that are pretty opposite.”

Thorsen also made the same pitch he made in the baseball stadium traffic discussion–that Briarwood and Route 176 be included.  He pointed out that there had been another accident there earlier in the day.

Kathy Ferguson:  “I have some concerns about traffic. You’re going to change the whole tone and tenor of that area.”

Ferguson also told of driving to the courthouse on Country Club Road for jury duty. She commented negatively on the current danger at the curve.

“The line of sight when you’re coming around those corners has to be addressed.”

During extended public comment by Craig Steagall, the owner of land Metra considered buying across the tracks from that which is half-owned by McHenry County Board Chairman Ken Koehler, he bent his arms to demonstrate the intersection problem in Downtown Ridgefield.

Mueller talking about traffic: “I don’t know how to make it work without moving the houses that are out there…I myself cannot support having a traffic consultant not going through the normal process.”

Mayor Aaron Shepley empathized with Metra: “It would be awfully difficult to change (horses in midstream).”

Ralph Dawson took a different approach: “What are we going to get out of it? How long will (it take for) my police cars have to be dispatched out there? Why do we want to annex it? We’re already stretched out. I have a county police department that is more than adequate to police that station.”

Metra attorney Joe Gottemoller explained that he thought Crystal Lake wanted to annex the entire watershed of Crystal Lake. The station is within that watershed.

Mayor Shepley summed up the reason for annexing the property: “With an annexation into Crystal Lake you have a greater control on what the project will look like,” adding the city would have more influence over the traffic problems.”

His conclusion: “The deal breaker here—it’s all about the traffic.”

Shepley specifically mentioned the inadequate Ridgefield railroad crossing.

Both Mueller and Steagall are candidates for a Republican nomination for the McHenry County Board, Mueller in District 2 and Steagall in District 3.