McHenry County Blog

Crystal Lake Police Chief Dave Linder reads his proposal to lessen penalties for those found with less than 30 marijuana cigarettes.

With its Home Rule powers, the Crystal Lake City Council signaled a majority is ready to change possession of up to thirty joints from a criminal to a civil offense.

Mayor Aaron Shepley led the opposition with Councilwomen Cathy Ferguson, a social worker, bringing her day job experience to bear.  Joining the three in opposition was Brett Hopkins, who said he saw it “in terms of black and white.”

The proposal, basically to decriminalize marijuana, following the example set by Chicago last month, was presented by Crystal Lake Police Chief Dave Linder after testimony from opponents and proponents.

His proposal “to allow Police to issue tickets for possession of small amounts of cannibals” was based on cost savings to the Department.

He pointed to Woodstock and McHenry as two local cities who had already gone the civil violation route.

Linder insisted his proposal “doesn’t represent softening of Police Department attitude toward drug enforcement,” but would “allow more flexibility…a more efficient option.”

Mayor Shepley came loaded for bear.

While complementing the Chief for bringing forth a proposal that the Chief thought would make law enforcement more efficient,” Shepley said that “at the end of the day what we have a a good old fashioned policy decision in a way that could have consequences.”

Under the proposed ordinance, possession of more than these two spice bottles contain would be allowed before criminal charges would be brought. (The photo had to be posed, because my flash was off and the actual demonstration picture was fuzzy.)  30 grams of marijuana will make about 30 cigarettes.

He then played show and tell, holding up two jars of parsley containing a total of 28 grams.  Possession of more than 30 grams would still be a felony, but in Crystal Lake, if the ordinance passes, the possessor would get a ticket.

“That is not a small amount,” Shepley argued.

Councilwoman Ellen Brady Mueller, one of three members of the CLCHS  Class of 1981, according to classmate Shepley (the other being Hopkins), said,”You could make a lot more thar 20 [joints].

“We’re not going to go soft on drugs,” Linder interjected.  “It gives the officer the availability to use another [option].  We do the same thing for alcohol, synthetic drugs [and] disorderly conduct.  In terms of time management, it’s not fiscally responsible [to arrest people for possession under 30 grams].”

Linder that a large percentage of misdemeanor charges were dismissed by the McHenry County State’s Attorney to which Shepley that perhaps Crystal Lake officials “need to have a discussion with the State’s Attorney’s Office.”

The Mayor also pointed out that the State had no criminal offense for synthetic drugs, so Crystal Lake’s passage of a ticketing offense was more stringent than state law, not less, as the issuing of tickets for marijuana would be.

Comparing ticketing for underage use of alcohol to Lidner’s proposal, Shepley drew a distinction between a drug which is legal for those over 21 and one “our legislature has determined that no matter how old you are you can’t have it.

“My fear with this is that we’re sending a message.

“If you are smart [enough] not to carry more than a certain amount of drugs, there is no possibility of jail time.

“I’m not in favor of this,” Shepley concluded.

Cathy Ferguson pointed to the damage marijuana does.  “I’ve seen the dark side,” she said outside the council chambers.

Next up was Cathy Ferguson.

She zeroed in on arguments that it would cover “youthful indiscretions.”

“This does not cover juvenile cases, right?”

Linder agreed.

Ferguson, who works as a social worker, explained, “I treat kids with substance abuse.  I’m seeing these gets getting their drugs from their parents.

“I agree with you in principle, Aaron, that we’re sending a [bad] message.

“Marijuana of today is not the marijuana [of my youth].  A lot of other substances are cut into marijuana.

“When I look at statements that marijuana hurts no one [asserted by one proponent to the Council], that’s a falsehood.

“I prefer there be jail time attached.”

Ferguson then went after the discretion that the ordinance gives police officers.

“[For] one joint jail time is not warranted.

“Thirty joints deserves jail time.

“There’s too much wiggle room [in the ordinance."

Introducing a new aspect was Ralph Dawson.

During a break in the marijuana liberalization debate, Ellen Brady Mueller and Ralph Dawson, allies on the replacement of criminal with civil penalties chatted.

“Nothing I’ve seen that David [Linder] has presented that the Department’s doing this for monetary reasons,” he said.

Brett Hopkins said he found Mayor Aaron Shepley’s argument persuasive.

“I believe it will give a lot of people a second chance,” he continued.

“I see nothing negative here…better than hitting [youth] over the head.”

“Actually, I was going to move this to [be] discussion only,” Brett Hopkins said.

“It’s a difficult subject.  I’m pretty black and white.  The drugs are illegal. End of story.”

Carolyn Schofield sided with changing possession of under 30 grams of marijuana from a criminal to a civil offense.

He compares it with enforcement of the sign ordinance.

Carolyn Schofield was next.

“I don’t think this stems from a moral issue.

“If it helps the Police Department–I really believe in him–I want to support him in this,” Schofield said.

Jeff Thorsen trusts the Chief’s judgment.

The last to express his opinion was Jeff Thorsen.

“I think the Chief is the expert on the situation.

“We do have the right to put this into play.

“We set the law.

“Discretion – they think about that everyday.

I don’t thing a $500 to a $1,000 penalty is a minor penalty.

“If the Chief thinks we’re pulling one-third of our officers off the street, the [Chief is making sense].”

In rebuttal to Schofield, who had argued that consequences are not going to change what people do, Shepley observed, “That’s hat our criminal system is all about..  I would respectfully disagree.

“I think it’s absolutely the wrong way to go.”

He pointed out that he has been “insistent with things we have done to preserve the character of Crystal Lake.”

Mueller pointed out that the Council had “changed possession of liquor possession.”

Shepley repeated his argument that liquor was a legal drug, while marijuana was not.

Ferguson also weighed in on the “consequences” debate.

She pointed to why people pay income taxes.

“It comes down to no one wants to mess with them.”

“I’m trying to keep a level playing field.  If you have a better lawyer, you have a better chance of getting off.”

She repeated her concern that there was too much “wiggle room.”

Before the Council voted, Schofield expressed the opinion that the Council could “look at different levels.”

The first motion was to kill the ordinance.

Shepley, Ferguson and Hopkins voted to keep the status quo.

Mueller, Dawson, Schofield and Thorsen voted to change the criminal penalties to civil ones.

Then Mueller seemed to second Schofield’s idea to lower the threshold for a pot ticket.  She suggested 15.

After than the Council agreed to table the proposal until the Police Department had a chance to consider the consequences of some in between proposal.

The petitions for re-election are being circulated for Crystal Lake Mayor Aaron Shepley and Council members Cathy Ferguson, Ellen Brady Mueller and Brett Hopkins.

The festivities were problem in front of the building you see next to the play area.

And, just in time for the campaign, there is an election kick-off party that required the of spending well over $10 million. $14.37 million, according to the Northwest Herald.

As pointed out in 2005, there was a cheaper way, at least for Crystal Lake area residents.

There was no need for a Tax Increment Financing District to pay for turning Vulcan Lakes into Three Oaks Recreation Area.

Indeed the announcement that a TIF would be formed to finance the project was what stimulated me to start McHenry County Blog. $115 million would be available, said the city’s consultant. Bill Cellini’s group won the contract from the council to do the development, but backed away from it after his name coming up in the Tony Rezko trial.

TIFs are just a way to force everyone (yes, everyone in any overlapping tax district, and because of McHenry County government and the McHenry County Conservation District, that means all county resident) not living in the TIF to pay for it.

It’s a tax increase that the city council voted on all of us.

Oh, wait. That isn’t the way it’s being financed.

With the recession and the decimation of the commercial strip on the Vulcan Lake side of Route 14, the city couldn’t sell bonds to pay for the enormous cost of TORA.

Instead, a majority of the council (Jeff Thorsen being the exception) decided to
raise the city sales tax 75%. Part of the excuse was that the extra tax money was
needed to finance the development of Vulcan Lakes.

The TIF option just didn’t work out.

The huge tax hike was passed right after the RTA Sales Tax was hiked even a higher percentage.

From a political viewpoint, there have been little or no negative repercussions.

The Crystal Lake City Council decided to use this second way to export part of the cost of developing Vulcan Lakes to those who don’t live, but shop in Crystal Lake.

Now, Crystal Lake is in the recreation business.

And, so is the Park District.

There are probably other such illogical arrangements, but the one I have seen over the decades is in Springfield.

There the reason is patronage jobs. I don’t know if that is the motivation here or not.

There was another way to finance the project, although it certainly would not have been as lavish as the city council has allowed this to become.

Tall street lights line the roads. This one runs to the parking lot area from Main Street.

MCCD undoubtedly would not have spent, how much, hundreds of thousands of dollars on fancy street lights for a facility that closes at sunset.

That way was to convince the McHenry County Conservation District to take it over.

Had the council done so, our area would have finally gotten back some of the tens of millions of our tax dollars that has been redistributed north, northwest and west, like a kid slinging a bucket of water. The pockets of those in District 47 have ended up as empty as the bucket, another victim of Illinois’ having way too many local governmental units.

But control of the facility was the primary goal of city officials.

And maybe their names on a plaque. The edifice complex in action.

Bragging rights they have achieved include

• having been instrumental in constructing the facility and
• like Barack Obama, forcing the payment for it on their grandchildren.

Not to mention the ability to feature on their campaign literature what a great accomplishment opening the facility has been.

I couldn’t get close enough to take photos of the council members taking credit for the project without paying $5 for parking.

Not worth the price, so I’ll just run photos of the six council members who voted to raise the city sales tax 75%. There won’t be the same backdrop, but credit will go where it is due.

Mayor Aaron Shepley

Councilman Ralph Dawson

Councilwoman Cathy Ferguson

Former Councilman Dave Goss

Councilman Brett Hopkins

Councilwoman Ellen Brady Mueller

Shepley, Ferguson, Hopkins and Brady Mueller are up for election next spring. Expect to see TORA on their campaign literature…assuming they even have an opponent requiring them to print any.

Candidates for the McHenry County Board are starting to send out mailings.

I received nothing from District 2 candidates yesterday…or from any statewide candidate, but others got some mail. (Here is the first round of District 1 mail. It’s from the week early voting started.)

But I did get a piece from Ellen Brady Mueller late last week.

Notice the stamp and the address. Someone had to affix the first class stamp. That's more personal than having a mail house use a permit, as is the return address label. And, when was the last time you received mail from a candidate that someone had hand addressed? All three elements show Brady Mueller has volunteers willing to do stuff that most candidates now relegate to a mail house.

On the address side in pretty small print is Brady Mueller’s biography, including her being “well prepared for any issue that comes before her” and that she is “a proven team player.”

She does not mention that she voted for Mayor Aaron Shepley’s 75% city sales tax increase. (I would not either, were I writing the copy.)

She lays out her goals:

• Make rational roadway improvements her #1 priority
• Maintain core services without additional cost to the taxpayers
• Bring new techniques and programs to attract business to the county
• Work collaboratively with all interest parties to implement a ground water protection and conservation program
• Persuade the county to recognize and adopt the Crystal Lake Watershed ordinance. (See critique of county board 2030 Plan for not recognizing the Crystal Lake Watershed Oridinance.)
• Broaden the communications between communities and the entire county board.
• Maintain a good solid working relationship with all the municipalities of the county.

"Ellen is the right person, at the right time, for the right reasons," is the message. The description is catchy and the photo of the candidate in Downtown Crystal Lake really catches her identity with the town. She loves to tell people her family has lived here over 100 years. That seems more than appropriate because she is a long-time city councilwoman.

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.

It was a “Not in My Back Yard” kind of night at Crystal Lake City Hall last night.

Not only was the Crystal Lake Park District Viking Dodge site nixed by a 6-0 vote, but a private recreational activity, miniature stock car racing run by HobbyTown, USA, did, too. (Cathy Ferguson did not attend the meeting.)

Traffic ended up being the downfall of the Crystal Lake Park District’s attempt to put offices and recreational facilities where Viking Dodge used to be.

From the beginning, when McHenry County Blog broke the story on February 12, 2009, I couldn’t see how people living down Route 14 would be able to make a left turn from Route 176 onto 14 safely.  If you click to enlarge the map above, you can seen how IDOT wants to bring Ridgefield Road into Route 14 at a “T” and how residents of Andrea and The Breakers Chinese restaurant would have a somewhat better (but not much better) shot at getting out onto Route 14.  The park district proposed making the current Viking Dodge parking lot a right in and right out only entrance and exit.

Even though the park district

• backed off from sending any traffic east through residential streets after being rejected by the city council last month, 
• sought to have most traffic enter at the eastern edge of the property on Route 176, and 
• proposed moving traffic onto Route 14 near the funeral home, 
• with eventual plans for an exit on Ridgefield Road,

its proposal did not pass muster.

Mayor Aaron Shepley took the lead in both zoning discussions.  In both, the goals of the petitioners were lauded, but the location criticized.

Noise KO’ed  HobbyTown.  The site selected was next to JA Frate.  There is a berm behind the trucking company.  There was room for one behind the proposed outdoor track as well, but the council was unwilling to take the chance that it would diminish the noise from the race cars enough to satisfy neighbors.

Cardiff Drive residents even presented a video with the buzzing noise of the cars being tested in back of what used to by Crystal Auto Body.  It’s a deep lot, but needing to get all but one vote provided impossible.  After all, the Republican precinct committeeman for the neighborhood, Ellen Brady-Mueller, sits on the city council.  The mother with two autistic sons whom she home schools certainly tugged at hearts.

Even though the park board is back to square one with the council’s “Do Not Pass Go” decision, others are talking of expanding the Crystal Lake YMCA facility with a much upgraded pool.  Whether such a facility would be totally privately financed or a combination of private-public financing remains to be seen.

Mayor Aaron Shepley beat former supporter turned challenged Lori Phelps by a 2 2/3 to one margin.

The vote was 3,156 to 1,181.

Shepley raised 4.8 times as much money as Phelps, showing the power of incumbency.

Shepley reported raising $24,000, while Phelps loaned her campaign $5,000.

The city council put in place after it was enlarged from five to seven members will be missing one of the members who predated the change when newly elected councilmen are sworn in.

That is, if the narrow 14 vote loss stands up.

The two incumbent city councilwomen, Cathy Ferguson and Ellen Brady Mueller, who joined together to solicit campaign funds, ran first and second.

Newcomer to electoral politics Brent Hopkins, a member of the Planning and Zoning Commission, edged out incumbent Howie Christensen by 14 votes. Hopkins reported $3,000 the last time I checked. I didn’t see a report from Christensen.

With a countywide average of just under 10 votes per precinct cast in early and absentee voting, the two will probably be biting their nails until the canvass is completed a couple of weeks from now.

The council vote totals follows:

Kathy Ferguson – 2,404
Ellen Brady Mueller – 2,265
Brent Hopkins – 2,149
Howie Christensen – 2,135
Jim Batastini – 1,817
Carolyn Schofield – 1,533

= = = = =
The top picture of Mayor Aaron Shepley and mayoral challenger Lori Phelps was taken at the Crystal Lake Chamber of Commerce candidates’ luncheon. The two councilwomen who were re-elected come next. Ellen Brady Mueller is on the left and Cathy Ferguson is on the right. At the lower right is presumptive third place winner Brett Hopkins. Incumbent councilman Howie Christensen, who is 14 votes behind Hopkins has his picture at the bottom left.

Mayor Aaron Shepley beat former supporter turned challenged Lori Phelps by a 2 2/3 to one margin.

The vote was 3,156 to 1,181.

Shepley raised 4.8 times as much money as Phelps, showing the power of incumbency.

Shepley reported raising $24,000, while Phelps loaned her campaign $5,000.

The city council put in place after it was enlarged from five to seven members will be missing one of the members who predated the change when newly elected councilmen are sworn in.

That is, if the narrow 14 vote loss stands up.

The two incumbent city councilwomen, Cathy Ferguson and Ellen Brady Mueller, who joined together to solicit campaign funds, ran first and second.

Newcomer to electoral politics Brent Hopkins, a member of the Planning and Zoning Commission, edged out incumbent Howie Christensen by 14 votes. Hopkins reported $3,000 the last time I checked. I didn’t see a report from Christensen.

With a countywide average of just under 10 votes per precinct cast in early and absentee voting, the two will probably be biting their nails until the canvass is completed a couple of weeks from now.

The council vote totals follows:

Kathy Ferguson – 2,404
Ellen Brady Mueller – 2,265
Brent Hopkins – 2,149
Howie Christensen – 2,135
Jim Batastini – 1,817
Carolyn Schofield – 1,533

= = = = =
The top picture of Mayor Aaron Shepley and mayoral challenger Lori Phelps was taken at the Crystal Lake Chamber of Commerce candidates’ luncheon. The two councilwomen who were re-elected come next. Ellen Brady Mueller is on the left and Cathy Ferguson is on the right. At the lower right is presumptive third place winner Brett Hopkins. Incumbent councilman Howie Christensen, who is 14 votes behind Hopkins has his picture at the bottom left.

Having probably written more articles on the Gay Games than anyone else in the world, I couldn’t pass up the opportunity to point out who voted to bring the rowing regatta to Crystal Lake.

That information is an article entitled “Gay Games Honor Roll.”

All of the incumbents running for city council voted to allow the Gay Games to take over Crystal Lake on a prime weekend day in mid-July.

They include Mayor Aaron Shepley, who was a cheerleader for the event and told the Chicago Tribune it showed his leadership abilities.

Council folks running for re-election who voted for the regatta were Ellen Brady Mueller, Kathy Ferguson, and Howie Christensen. Their photographs are shown in that order.

In case you are from out of the area, Mayor Shepley is to the one with the microphone.

Two of the incumbents running for the Crystal Lake Park Board—Candy Reedy and Michael Zellman—voted for the Gay Games.

They voted for it the first time around when the motion lost because of a 2-2 tie and were in the three-person, second-time around majority that allowed the lake takeover.

Having probably written more articles on the Gay Games than anyone else in the world, I couldn’t pass up the opportunity to point out who voted to bring the rowing regatta to Crystal Lake.

That information is an article entitled “Gay Games Honor Roll.”

All of the incumbents running for city council voted to allow the Gay Games to take over Crystal Lake on a prime weekend day in mid-July.

They include Mayor Aaron Shepley, who was a cheerleader for the event and told the Chicago Tribune it showed his leadership abilities.

Council folks running for re-election who voted for the regatta were Ellen Brady Mueller, Kathy Ferguson, and Howie Christensen. Their photographs are shown in that order.

In case you are from out of the area, Mayor Shepley is to the one with the microphone.

Two of the incumbents running for the Crystal Lake Park Board—Candy Reedy and Michael Zellman—voted for the Gay Games.

They voted for it the first time around when the motion lost because of a 2-2 tie and were in the three-person, second-time around majority that allowed the lake takeover.