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Archive for the ‘Gerry McMahon’

Dorr Township Not Like Grafton, Supervisor Says

March 11, 2010 By: Cal Skinner Category: Barry Lamb, Bob Pierce, Dorr Township, Dorr Township Citizens Planning Committee, Gerry McMahon, Grafton Township, Huntley, Huntley School District 158, Jane Collins, Joseph Evanoff, Larry Oakford, Legat Architects, Mark Andersen, McHenry County, Referendum, Salt Dome, Soil Borings, Steve Kaiser, Sue Brokaw, Ted Andersen, Thomas Thurman, Township Garage, Township Government, Township Hall, Vivian Sodini

Dorr Township Attorney Mark Saladin and Supervisor Bob Pierce

“Filled to capacity” is how one person in attendance last night at the Dorr Township meeting.

The Dorr Township Hall meeting room is small, so that meant about 25 residents were present.

The biggest news was that Supervisor Bob Pierce was granted permission to enter negotiations for the purchase of land, which he said would not be purchased without having a special meeting to get elector approval.

Note that a special meeting is not the same as the annual town meeting, which is usually the best attended meeting of the year.

Pierce said residents “would be surprised.”

Steven Kaiser makes his points.

“Dorr is the fourth largest township with the smallest hall!” he observed.

Legat Architects was also hired to provide “pre-referendum services.”

Public comments came early on with Steve Kaiser, a member of the now-disbanded Dorr Township Citizens Committee, asking about why “soil borings” was changed to “architects.”

Those March 9th soil borings were not presented to the board by the Road Commissioner Tom Thurman because he wanted to seek assistance interpreting them.

With trustees and audience members putting in their two cents about whether the minutes reflected what had occurred at the previous meeting, the exchange got heated.

“This is not going to become another Grafton Township,” Township Supervisor Bob Pierce said.

During the Public Comment section, the Supervisor and Trustees questioned former members of the Dorr Citizens group who presented the petition to rebate taxes. Questions asked included -

1.       How the $1 million number was determined? The officials were told the citizens thought that was the rebate needed to allow a responsible amount to be left over after paying for modifications to garage site and building. After the $1 million rebate, $1.75 million would remain for needed work.

2.       Do you know how difficult and expensive it could be to track down all current and former residents to distribute rebate? Resident Jane Collins explained that in Bourbonnais (a Kankakee County Township) the amount which could not be returned had been given to charitable organizations, after a citizen-initiated motion at an annual town meeting.

Dorr Township Board and attorney

The citizens who proposed the rebate were also asked they thought about the McHenry County Conservation District’s building a visitor center.

Such an argument reminds me of how Grafton Township Trustee Gerry McMahon once listed local governmental entities that had built new administrative facilities—the Huntley School District, the Village of Huntley, McHenry County—as justification for a new Grafton Township Hall.

Township Road Commissioner Tom Thurman suggested some members of the Citizens Committee had “a hidden agenda.” He also said, “We know more than…” the Citizens Committee about what needs to be done.

“You don’t listen to us.”

That prompted a resident Larry Oakford to stand up to chide Thurman, saying his “demeanor is unseemly” and that comments about a hidden agenda were inappropriate. The man also asked about making use of existing space.

Trustee Mark Andersen said the board had been real conservative and was trying to “not drop a bomb on taxpayers.”

The board admitted it had been gradually accumulating funds so they wouldn’t have to go to referendum.

Citizen reading report at the Dorr Township meeting

Everyone knows how hard it is to pass a referendum, Road Commissioner Thurman said.

“The burden is on you to provide a justification about what you do,” Collins suggested, adding that some would say they had been borrowing from the taxpayers without their knowledge and permission since 2002, that what the referendum proposes is a way to pay back some of that loan to the taxpayers.

Thurman said the officials know how to do their job, that citizens shouldn’t be telling them how to do it.

Sue Brokaw, who is bookkeeper and does the General Assistance for Pierce, told the audience they should come to the levy meetings, and so they could do something before the township gets the money instead of complaining about it now.

Board members admitting they had discussed the three building project items “individually” before the meeting.

Vivian Sodini, member of the Dorr Planning Committee, asked why the trustees hadn’t taken the time before last night’s meeting to discuss the details of the recommendations with the committee.

Trustee Joseph Evanoff replied that they didn’t need to because, “We can read.”

When it was revealed that the architects had never been given our report, but had been given a scornful letter written by the one member of the citizens planning committee who thought our only job was to look for land, the audience was stunned. That same member, Ted Anderson, also interviewed architects with Trustee Barry Lamb.

Dorr Township Hall

In discussing one petition question citizens had submitted, it was revealed that the 600 ton capacity included for a new salt shed was based on faulty information. The needed amount being about 4,000 tons, that number was inserted in the question.

“You should have the entire year’s supply” at the start of the season, Road Commissioner Thurman said.

The board decided to put that question to the electors of the annual township meeting.

Members of the disbanded Dorr Township Planning Committee will be allowed make a presentation to electors at the annual meeting, provided they clearly specify they are doing so as electors and not members of the committee.

The meeting will probably be at the High School on South Street in order to hold a larger number of attendees.

Supporters of building a new township hall were also in attendance.

Grafton Township Separation of Powers Case Goes to Court

March 10, 2010 By: Cal Skinner Category: 2nd Appellate Court, Ancel Glick, Barbara Murphy, Betty Zirk, Gerry McMahon, Grafton Township, Grafton Township Administrator, Grafton Township Hall, Grafton Township Supervisor, Grafton Township Trustee, Harlem Township, John M. Nelson, Keri-Lyn Krafthefer, Linda Moore, Maureen McIntyre, Pam Fender, Robert LaPorta, Townshiip Supervisor, Township, Township Administrator, Township Attorney, Township Government, Township Hall, Township Supervisor

Grafton Township Supervisor Linda Moore took her dispute with Township Trustees Betty Zirk, Gerald McMahon, Rob LaPorta and Barbara Murphy to court Wednesday.

She’s in civil court seeking injunctive relief to regain her role as chief executive of the township. She hoped for immediate relief, but Judge Maureen McIntyre “found there was no emergency,” Moore attorney John Nelson said. A court date will be set Monday.

“The Grafton Township Board of Trustees has, without legal authority, engaged in a broad course of conduct designed to eliminate Supervisor Moore from conducting any Grafton Township business,” the suit says.

Grafton Township Supervisor Linda Moore and her attorney John Nelson leave the McHenry County Courthouse after filing a suit to reclaim the power that township trustees have taken from her. The sun was radiating enough heat to bring the temperature to 57 degrees.

As readers know, the township board, still smarting from its judicial loss of the new $5 million township hall on Haligus road and election of nemesis Moore as township supervisor, decided to strip Moore of all the executive functions that their attorney, Keri-Lyn Krafthefer  advised was possible.

Trustee Betty Zirk explains benefits of a new township hall approved by the trustees with adequate public notice, but defeated on a tie vote by township electors.

“I am sure my client’s (being a plaintiff in the suit and having) engineered the end of the $5 million palace they wanted to build has nothing to do with the board’s concerns…I say that with tongue firmly in cheek,” Nelson said after setting next Monday’s court date to set a court date for a hearing on the merits of Moore’s suit.

“I would encourage anyone who is interested in the case to watch the YouTube video of the last meeting.”

Moore not only seeks the return of her powers, but also, confirmation of the legitimacy of her firing of Ancil Glick partner Keri-Lyn Krafthefer and Township Administrator Pam Fender.

Nelson spoke of two court cases upon which he based his motion.

One says that the township supervisor is in charge of hiring and firing employees, as long as there are not more than five paid by the Town Fund. Excluded from the employee count are employees of the assessor and road commissioner, as well as those paid by the General Assistance Fund.

Grafton Township has three bus drivers who fit that category.

“Three are smaller than five,” Nelson said.

Another case rebuked Cicero Town officials for banishing its township collector to a closet and firing the two employees.

Moore’s new office is the township clerk’s old one, one without a window.

Trustees continually point out that the township attorney, selected by Moore, but later dismissed by Moore, “wrote the book.”

Nelson said he was a member of the Illinois Township Attorney’s Association.

“Our association is composed of real lawyers. We don’t write books about township law; we revise township laws.”

Apparently two criminal complaints have been made to the McHenry County State’s Attorney’s Office by Moore’s antagonists.

One is said to concern manipulation of the private bank accounts of township employees.

“I would categorically deny such accusation,” Nelson said.

The other, more recent, is that financial information has disappeared from township computers.

“The township computers are under the sole custody and control of the township supervisor,” Nelson said.

“They have no right, legal authority or interest in these computers. They are a legislative body.”

“That is an allegation without substance and without meaning. The elected supervisor is the sole custodian of the financial records. It’s really not their complaint to make.

“If the records have disappeared, it’s because of the illegally hired employee (Township Administrator Pam Fender),” Nelson continued.

“It’s a felony to threaten a criminal case to obtain a civil judgment or right,” Nelson pointed out.

Nelson outlined the duties of township trustees:

  • They review the bills, audit the bills
  • They approve the budget which has to provide adequate space for the assessor, supervisor and town collector to do his or her job.
  • They can provide for salaries.
  • They can provide conditions, if over five employees.

Township trustees are limited to what the law says.

Grafton Township Board at its March 2nd meeting, which you can see on YouTube. From left to right are Trustees Gerry McMahon, Betty Zirk, Rob LaPorta and Barb Murphy. Supervisor Linda Moore is seen standing.

“These township trustees have stepped way over those bounds,” Nelson charged.

“This is a separation of powers case that involved the fundamental right of people to elect their own political leaders.

“The core issue is that the voters of Grafton Township voted my client in as Grafton Township Supervisor. Their wisdom or lack thereof is no longer at issue.”

Nelson serves as Winnebago County’s Harlem Township Attorney.   That township, north of Rockford, has a population comparable to Grafton’s.

And, who will pay Nelson’s bill?

“I represent her in her official capacity,” he said.

Read this section of the case:

“Supervisor Moore is entitled to legal counsel in her capacity as Grafton Township Supervisor as she is in legal conflict with defendants, and this litigation is necessary to settle the rights, obligations and duties of the parties.  The necessity of payment for legal counsel paid for by Grafton Township is well-settled under the law.  In Wayne Township Board of Auditors, DuPage County v. Ludwig, 154 Ill.App.3d 899, 507 N. E. 2d 199, 204, 107 Ill. Dec. 535, 540 (2nd Dist., 1987) the court held that where an actual conflict exists between a Town Board and one of the town’s officers the town officer is entitled to be represented by independent counsel.  The court went on to say that independent counsel is entitled to a reasonable fee for same.”

McHenry County lies within the 2nd Appellate Court District.

What if Moore wins the case and the trustees won’t follow the judge’s order?

“I would be seeking jail time for contempt,” Nelson said.  If it reaches that stage, it will not be the first time the four trustees have displeased a judge by not obeying a court order.  It happened in the new township hall case, too.

Keri-Lyn Krafthefe

Moore’s seeking judicial approval of her termination of the legal services of Keri-Lyn Krafthefer.

Nelson court document points out that Moore appointed her and says,

“Logic would dictate that Keri-Lyn Krafthefer serves at the pleasure of the Supervisor of Grafton Township.  However, it appears that this is an issue of first impression.”

A link to the full court document can be found here.

Downsizing the Grafton Township Supervisor’s Office – Part 2

March 04, 2010 By: Cal Skinner Category: Gerry McMahon, Grafton Township, Keri-Lyn Krafterfer, Linda Moore, Robert LaPorta

The Grafton Township Board meeting started relatively calmly.

If you want to remove me from office, do it officially,”

Grafton Township Supervisor Linda Moore challenged her board of trustees is where our story about Tuesday’s Grafton Township meeting begins.  (Here is Part 1.)

Grafton Township Trustee Rob LaPorta makes three points to Supervisor Linda Moore.

“You’ve proven yourself incompetent,” Trustee Rob LaPorta asserted.

“We never talked about that,” Gerry McMahon added.

“You are being a micro-manager,” Moore inserted.

“You should resign. Face it,” LaPorta said.

After Ancel Glick attorney Keri-Lyn Krafterfer spoke again without recognition, my notes say LaPorta said, “You have no rights.”

“You do not have a right to an office,” McMahon echoed.

Moore brought up again her attorney’s suggestion that they sit down with the township attorney and a trustee and try to work things out.

“Who would want to talk to you, Linda?” McMahon asked bombastically. “It’s bad enough we have to talk to you.”

“If you move me from my the offices, then you will be impeding my duties,” Moore added.

“Then sue us,” LaPorta said.

Grafton Township Attorney Keri-Lyn Krafthefer

“The actions of these trustees will lead the township into litigation,” Moore relied.

The township attorney again took the offensive:

“The supervisor is not entitled to an office.”

“You have received poor legal advice,” Moore told the trustees.

The subject jumped to emails, which have been requested under the Freedom of Information Act.

“I don’t have any emails,” Trustee Barb Murphy said.

A Linda Moore supporter wore this tee shirt to the township meeting.

“You’ve been withholding them from me,” Moore said to the trustees.

At this point LaPorta said,

“It’s a comedy.

“The Grafton Township Reality Show.”

Raising his voice again, McMahon interjected,

“I keep telling you. It’s four against one and you lose.”

= = = = =
More tomorrow.

Downsizing the Grafton Township Supervisor’s Office – Part 1

March 03, 2010 By: Cal Skinner Category: Ancel Glick, Gerry McMahon, Grafton Township, Keri-Lyn Krafterfer, Linda Moore, Pam Fender, Paul Gaynor, Robert LaPorta, Townshiip Supervisor, Township Administrator, Township Hall

Another night at the Huntley Park District complex, another contentious meeting.

$5 million (including interest) Grafton Township Hall that Grafton Township Linda Moore helped stifle before and after wining election last spring.

But, unlike the previous meetings, the real reason for the conflict—Grafton Township Supervisor Linda Moore’s decisive role in killing the $5 million (including interest) new township hall—didn’t come up except in revising the budget as the meeting was winding down.

The township board decided to move Moore out of her two-office complex into a windowless office heretofore occupied by the very part-time township clerk.

To the conference room will go Moore’s assistant, right next to the public bathroom.

While Township Trustee Rob LaPorta thought “none of (the instructions ordered by the board the week before had been carried out) but the (provision) of a stapler has been accomplished,” Township Administrator Pam Fender answers repeatedly indicated they had.

Moore went on the offensive, telling the board members she had talked to Assistant Illinois Attorney General Paul Gaynor about criminal violations concerning taking, hiding or destroying public records.

The cover of this month's magazine for township officials: "Supervisor is... manager, coordinator, administrator of township"

“Trustees should not cross over from governance to management,” Moore stated as she
passed out the cover of the latest edition of the township officials’ magazine. On the cover of Township Perspective is this headline:

Supervisor is…
manager, coordinator,
administrator of township

Later Moore accused the trustees of micromanaging township affairs.

“The employee works for the official. The board may have no employee of their own,” she read, apparently from the magazine article.

“That wasn’t a reflection of law,” interjected Township Attorney Keri-Lyn Krafterfer of Ancel Glick, who often seemed to be in control of the meeting.

‘The Huntley Police say I have the right to have my office locked,” Moore continued.

From left to right, Grafton Township Trustees Gerry McMahon, Betty Zirk, Rob LaPorta and Barbara Murphy.

“Stop threatening us,”

Trustee Gerry McMahon shouted.

“Until we get a letter from the Huntley Police, (it means nothing),” LaPorta said calmly.

“How would she like being at home?”

McMahon thundered.

“We are moving out of her office and into her clerk’s office,” LaPorta continued.

Interrupting, McMahon said, “I’ve heard many townships don’t provide an office.”

= = = = =

Here is Part 2.”>Part 2.

Grafton Township Board Strips Supervisor of Duties, Equipment, Files

February 23, 2010 By: Cal Skinner Category: Gerry McMahon, Grafton Township, Grafton Township Administrator, Legal Malpractice Insurance, Linda Moore, Northwest Herald, Pam Fender, Patrick Ouimet, Personal Property Tax, Robert LaPorta

Grafton Township Trustees revising the budget six weeks before the end of the fiscal year. $50,000 was transferred from a contingency line item.

I’d forgotten how boring budget committee mark-ups could be.

That was the first order of business at the Grafton Township meeting Monday night.

Held at the Huntley Park District headquarters (the old high school that local taxpayers have had the privilege of paying for twice because of Illinois’ multi-layered form of local government), the main order of business seemed to be to make sure there was enough money to pay newly-hired Township Administrator Pam Fender, who is also a Huntley Village Trustee.

Pam Fender advising Rob LaPorta during the meeting.

The budget discussion went on and on.

And in the reallocating of $50,000 in contingency funds, making sure Fender would get paid was the primary objective.

Consider these three separate comments from Trustee Rob LaPorta:

“We have to keep in mind we have to add Pam’s salary in this. Plus benefits.”

“…and Pam’s has to be factored in here, too.”

“Is there going to be enough for Pam?”

What the officials side of the room looked like.

Before the meeting started, Fender asked me not to take pictures from behind the row of desks where all but Trustee Gerry McMahon sat and not to sit on the counter as I had for a while during last week’s too long meeting.

I told her that there wasn’t room behind the desk and asked her why she cared whether I sat on the counter top.

She said I might fall off, get injured and sue the township, that I was “a litigious person.”

I told her I haven’t sued people, that she ought to get her facts straight before making such a charge.

Perhaps she was relying on the Northwest Herald’s account of its owner’s suit against me. If so, check out the court files. The paper sued me, not the opposite. My legal representation by Patrick Ouimet was outstanding, as was the result.

(Or maybe Fender is thinking about the days forty years ago when I sued about 2,500 people a year for non-payment of Personal Property Taxes when McHenry County Treasurer–a deliberate statewide strategy to get the General Assembly to abolish the tax that actually worked–but I doubt she’s been around long enough to remember that.)

In any event Fender was in a take charge mood, interrupting to say,

“Trustees, this isn’t going to go anywhere,”

when discussion veered to mistakes made by listening to various lawyers and bond counsel about how it was legal to borrow the $3.5 million from the Harris Bank.

Some of the audience at the meeting.

That made me wonder why the board has not looked at recovering the $600,000 plus dollars that the trustee side of the table accused the taxpayer side of the table of costing township taxpayers.

Surely the attorneys who gave advice that led to actions Judge Michael Caldwell and the 2nd Appellate Court ruled improper have legal malpractice insurance.

Grafton Township Administrator explaining what she needs to do her job.

But, there I go talking about potential lawsuits, helping make Fender’s point, I guess.

Later when the board was methodically, stripping Supervisor Linda Moore of every duty not specified by state law, the high speed copy machine, her files on other subjects, that is, leaving her with nothing to do but administer welfare relief and be treasurer of the township, Fended asked,

“Can I say something?”

Moore replied,

“The time for public comment is over.”

Fender’s comment was

“I’m an employee now.
“I’m an employee now.”

I’ve attended a good number of municipal meetings and, while city managers or village administrators sometimes interject themselves into the meeting without being asked, that is rare. Maybe Huntley’s village board meetings have a different dynamic.

Trustee McMahon was vociferous as usual.

Grafton Township Administrator advising Trustee Gerry MaMahon.

Joining trustees, Administrator Fender attempted to calm Trustee McMahon down when he got excited.

A Request that “Cadman” Email Some Information

February 15, 2010 By: Cal Skinner Category: Barbara Murphy, Betty Zirk, Cadman, Gerry McMahon, Grafton Township, Grafton Township Hall, Keri-Lyn Krafterfer, Robert LaPorta

The Grafton Township Board listening to the pre-selected Huntley Village Trustee Pam Fender for the new $35,000 (plus about $15,000 in family health benefits) post of Township Administrator. From left to right are Supervisor Linda Moore, Township Attorney Keri-Lyn Krafterfer and Trustees Barbara Murphy, Rob LaPorta, Betty Zirk and Gerry McMahon.

In the soon-to-disappear Northwest Herald comments on its story about the Grafton Township Trustees’ hiring Huntley Village Trustee Pam Fender to basically do all the work that Supervisor Linda Moore is charged with performing now, a gentleman calling himself “Cadman” wrote the following:

“As I have stated before, find which of the trustees and their friends stand to gain from building the memorial and you will know who is causing all the problems.”

I ask that Cadman email me (address on the upper left hand of this page) something a bit more specific.

You can find McHenry County Blog’s story on the Thursday meeting here.

More Funny Business in Grafton Township

January 22, 2010 By: Cal Skinner Category: Barbara Murphy, Betty Zirk, Gerry McMahon, Grafton Township, Grafton Township Meeting, Grafton Township Supervisor, Lnida Moore, Robert LaPorta

Grafton Township Home Page on Jan. 22, 2010. Note that the tab to click to the Supervisor's page above the Assessor's has been removed.

You gotta love the infighting among Republicans in Grafton Township.

Supervisor Linda Moore posted video of the last township meeting. My speakers are so poor I had a hard time hearing what people were saying in the first segment, but it as, shall I say, animated.

Now, someone has taken down the link from the main page of the web site to where one can see the videos.

Linda Moore's information page to which the link disappeared from the internet home page page Grafton Township

But here’s the link for those of you who would like to see what a real live, that is, lively meeting looks and sounds like.

Leitmotif of the Grafton Township Kangaroo Court – Part 3

December 15, 2009 By: Cal Skinner Category: Barbara Murphy, Betty Zirk, Gerry McMahon, Grafton Township, Grafton Township Hall, Jack Freund, Linda Moore, Pat Coen, Robert LaPorta

Longest serving Grafton Township Trustee Betty Zirk tries to convince electors at the April Annual Town Meeting to approve a new township hall.  The motion lost on a 70-70 tie vote.

Longest serving Grafton Township Trustee Betty Zirk tries to convince electors at the April Annual Town Meeting to approve a new township hall. The motion lost on a 70-70 tie vote. Court action confirmed the over $5 million property tax liability was invalid.

Yesterday and the day before, McHenry County Blog chronicled what the Grafton Township trustees said about the John Rossi Township Board new town hall debacle.

Grafton Twp Hall whole buildingYou remember, illegally committing taxpayers to repay over $5 million in principal and interest for a new township hall on land purchased from the Village of Lake in the Hills on Haligus Road.

Part of the cost was to be paid for by selling the current township hall to the Grafton Township Road District, allowing area taxpayers to pay for the same building twice, a seeming Huntley tradition. (The Huntley Park District bought the old high school from District 158, giving park district taxpayers the privilege of paying for that building twice.)

Grafton Township Clerk Dina Frigo makes a point as Road District attorney Pat Coen patiently awaits his trun.

Grafton Township Clerk Dina Frigo makes a point as Road District attorney Pat Coen patiently awaits his turn.

It was finally time for Pat Coen, Road Commissioner Jack Freund’s attorney, to speak.

Another picture on Road District attorney Pat Coen waiting.

Another picture of Road District attorney Pat Coen patiently waiting.

He had sat patiently through the kangaroo court we-won’t-show-you-the-censure-motion-until-after-we-vote condemnation of Supervisor Linda Moore.

The agenda subject?

“Discussion and potential action to approve payment of $700,000 road ordinance plus interest to date of loan.”

Pat Coen explains what a meeting of the electors is needed to reverse the previous township board's sale of the township hall to the Grafton Township Road District.

Pat Coen explains what a meeting of the electors is needed to reverse the previous township board's sale of the township hall to the Grafton Township Road District. Road Commissioner Jack Freund sits to his left.

Coen concluded that approval of the electorate was needed to “unwind” (a word virtually everyone uses to describe undoing the court-determined improper acts committed by the prior township board to build a new township hall) the selling of the current township hall to the Road District part of Grafton Township government.

“I can find nothing in the statutes that says unwinding is any different than conveying property,” the lawyer said.

He suggested calling a special meeting of the electors.

He was asked if he had made a mistake.

“I’m not admitting to any mistake,” Coen replied.

Coen pointed out that the entire loan–$700,000–would have to be repaid to Harris Bank. That included the cost of a salt shed.

Zirk, Betty looking right waist upZirk wondered if the Town Fund would just “pay what the Town Fund owes.”

“I haven’t gone that far,” Coen replied

“66,000 had to go for the commission,” Zirk added, but didn’t mention who got the commission.

That commission to MJ Munaretto and Company was revealed exclusively in McHenry County Blog on July 7, 2009. Munaretto is a Republican County Board member who chairs the Finance Committee.  Neither the Daily nor the Northwest Herald have revealed this.

McMahon favored delaying until next spring’s annual meeting:

“Let it go. Let the electoral handle it (at the annual meeting).”

Grafton Barbard Murphy looking right 12-10-9“Barbara Murphy, who has repeatedly expressed distaste at the length of time it is taking to resolve the problem countered,

“It’s costing a ton on this.

“We want to get done with this, excuse my word, crap.”

LaPorta looking left hand up explaining 12-10-9Shortly thereafter, LaPorta made this admission:

“We did the best we did with the information we had at the time.

“You think we did this illegally for crying out loud?”

Focused on completing the reversal of the actions taken to build a new township hall, Murphy pointed out,

“This is the second half of it.”

The first half was repaying the Harris Bank the other $3.5 million loan.

McMahon looking right hand closed + up 12-10-9McMahon, the only trustee not in office when the decision was made added,

“Maybe we should sell the township building to the Road Commissioner. That’s what you wanted.

“I don’t see giving up the dream.”

McMahon supported a continuation of efforts to build a new township hall.

Moore Looking Left Profile almostAt this point, Supervisor Moore asked,

“Would you like to hear a suggestion?”

“No, not from you,” McMahon retorted.

“We need to negotiate with Jack,” Moore continued.

LaPorta suggested having a representative from the trustees and the supervisor meet with Road Commissioner Freund.

And, that’s what the Grafton Township Board decided to do.

Leitmotif of the Grafton Township Kangaroo Court – Part 2

December 14, 2009 By: Cal Skinner Category: Barbara Murphy, Betty Zirk, Gerry McMahon, Grafton Township, Grafton Township Hall, Grafton Township Supervisor, Grafton Township Trustee, Jim Kelly, John Rossi, Linda Moore, Michael Caldwell, Referendum, Robert LaPorta, Second Appellate Court., Tammy Lueth

Yesterday, McHenry County Blog started outlining what was mentioned about the court-determined illegal actions of the prior board–three of whose members were re-elected–in notes of the 7:30 PM to 12:15 AM Grafton Township board meeting last Thursday night.

Moore Looking Left Profile almostThe topic kept coming up in the discussion of the motion to add Township Supervisor Linda Moore’s name to that of newly-elected Trustee Gerry McMahon on the list of board members censured who have been censured.

Trustee Rob LaPorta, clearly the leader of the board majority, was among those to comment on the township hall lawsuit during the debate to move the censure resolution from the bottom to the top of the agenda:

“We were forced to hire an attorney because our names were on the lawsuit.”

McMahon returned to the court action brought by Grafton Township citizens, directing his comments to Moore:

McMahon right profile talking Censure 12-10-9“You started all of this by encouraging all this litigation against the township.

“You hurt the township. You should resign. You do not have a clue how to run a township.”

“We have to take responsibility for the decisions we make,” Moore replied.

Grafton Barbard Murphy looking right 12-10-9“I admit I don’t think I made a good decision.

“Get over it.

“I don’t take kindly to your accusations,”

Barbara Murphy then said.

The reply from Moore,

“We can’t made decisions based on our legal (advice) alone. Just because a lawyer makes a recommendation doesn’t (mean it’s right).

“You believe what Mr. Kelly told you to do. Now, it turns out not to be the right thing to do.”

Grafton LaPorta faccing right smilingI have over four pages of notes on LaPorta’s reading of the condemnation resolution, but he was reading so fast, they are incomplete. After looking over the text sent to me by Trustee Rob LaPorta, I don’t see anything concerning the new township hall except Moore’s termination of Kelly as township attorney and her refusal to present his bill for payment.

But, my guess is those items stimulated the censure movement.

Lueth, Tammy looking left at podium with minutes 12-10-9When it got to public comment time after the censure and paying of bills Tammy Lueth, a plaintiff in the suit to invalidate the board’s decision to build a new township hall, came to the podium with a stack of agendas and minutes.

“I’ve been through all the agendas for the last four years.”

She told of the decision at the annual meeting to approve the new township hall.

“You weren’t right.

“You took it upon yourself to appeal (Judge Michael Caldwell’s) decision. The Appellate Court ruled you guys didn’t do what you should have done.

“You spent more time bickering about $400 in chamber of commerce fees (than you did when it) took you six minutes to approve land acquisition.

“That was all brought about by the former supervisor (John Rossi) and some trustees.”

She added that she had to spend $12 in a Freedom of Information Act request to get minutes which ought to be on the web site.

Cutting Lueth’s comments short was McMahon, the only current trustee who did not vote for the new township hall and land acquisition:

“You’re into your three minutes.”

Zirk, Betty looking right and upTrustee Betty Zirk, one of the three remaining trustees who supported the new township hall, pointed out the rules on the specificity of agendas changed in 2007.

“Now we have to be very specific,” she said.

McMahon returned to the undercurrent of the meeting:

“On some points you are right. What (attorney Jim) Kelly said to us was that he thought it was winnable.

McMahon looking a bit right over glasses 12-10-9“I’ve learned my lesson…

“I think you opened a can of worms and you hurt the township.”

McMahon then offer his opinion on the chances of passing the court-ordered referendum during next November’s general election:

“We can’t win a referendum. We will never get the PR out.”

The official part of the agenda when the discredited deal was next on the agenda.

Read about it tomorrow.

Leitmotif of the Grafton Township Kangaroo Court – Part 1

December 13, 2009 By: Cal Skinner Category: Barbara Murphy, Gerry McMahon, Grafton Township, Grafton Township Hall, Grafton Township Highway Department, John Rossi, Linda Moore, Robert LaPorta

Moore arms crossed looking at TrusteesThere was a leitmotif during the almost five-hour meeting of the Grafton Township Board on Thursday night.

Not too light, though.

More like an elephant plunging through the local Republican Party, setting up all Grafton Township incumbents for defeat at the hands of the Democratic Party in 2013.

Although the subject was only listed on the agenda once, a recurring undercurrent about the stunning court-mandated reversal of the trustees’ majority’s votes to sell the current township hall to its own Road District—complete with non-refundable $66,000 commission to real estate agent and Republican County Board member Marc Munaretto—to finance the building of a new township hall that would have cost the taxpayers over $5 million (with interest) was just under the surface.

But, it kept popping up during the meeting, especially during the debate over the resolution to censure Township Supervisor Linda Moore.

Grafton Township Hall WatercolorSurely, the

  • loss of the prestige of having a new township hall, plus
  • loss of the bronze plaque which would contain the trustees’ names, plus
  • loss of face, plus
  • the election loss of Supervisor John Rossi, the man who convinced them to do the deal, and
  • the threat of having to pay their own legal fees

were among the inspirations for the multi-page censure resolution, which was not provided to Moore before the meeting, indeed not until after the kangaroo court passed its judgment.

Grafton Censure Pamphlet Cover(After the meeting I asked Rob LaPorta for a copy. He told me that his copy had notes on it, but said he would ask the lawyer to email it to me. While I was writing this article Saturday morning, I got a copy from LaPorta that indicates it will be published in pamphlet form “by authority of the township board” during December.  Click to enlarge.)

The trustees can’t reverse Judge Michael Caldwell’s court decision and confirmation of that decision at a rehearing now that it has been upheld by the 2nd Appellate Court, but they can censure one of its original plaintiffs, which, incidentally, was mentioned in the meeting and they can attack the most public messenger to divert public attention from their own court-determined illegal board majority actions.

Here’s the court suit reference from Gerry McMahon, who was elected because Moore put his literature in with her own during the Republican primary election campaign. (I know that because I helped distribute it one cold winter Saturday.)

The board was discussing a motion to move the censure resolution from almost the end of the agenda to the top.

(The trustees clearly did not want the Northwest Herald reporter to miss that part of the meeting since Herald reporters often do not stay until the end of late meetings, as was the case Thursday night when the adjournment was about 12:15 AM.  Better a story on censure than on the incredibly bad audit of ally John Rossi’s last year in office.  The strategy worked.  Not a word was printed in the NW Herald about the audit.)

Moore had told the board that she had conferred with an attorney about the censure resolution, which, incidentally, she did see before passage.

“Our legal bills (since she took office in April) are at $69,000,”

Moore said.

Grafton McMahon Facing Right Left Hand UpAmong the other things McMahon, censured himself last month, said was,

“I heard your remarks about the courts.

“You started this all. That has cost immense legal bills. That was personal and vindictive…You have cost $600,000. When you don’t get your dictatorial way, you go around (the board, to court, for instance—McMahon was talking so fast my note taking couldn’t keep up.)

“When you are in the minority you should reg(?) and live with this. This is simple. If you would do the thing the majority wants everything would be (alright).”

Moore, Linda looking left profileMoore replied,

“Judges don’t award rulings because somebody (has something personal and vindictive). Governments can do anything they want until somebody says they are wrong.”

Moore then pointed out,

“Legal fees were $40,000. The trustees hired that attorney…We’ve got to stop wasting taxpayer dollars.”

Grafton. Barbara Moore Holding Right Hand Out Facing Right“Where do we start?” Trustee Barbara Murphy (one who voted for the new township hall, but was the first incumbent to figure out that something illegal had been done and say the resulting loan had to be repaid) expressed her frustration. The frustration started out with the trustees being disturbed that Moore would not put items they wanted to discuss on the agenda, which led to the township’s attorney being instructed to prepare it. The attorney is paid $200 an hour.

Then, Murphy referred to the township hall dispute

“We were green when we took the last four years.

“I thought we (were following good advice).

“It’s done. They won it. It’s over. When you fired (Jim) Kelly (as township attorney), you expected us not to have a lawyer?

“I feel like there’s no working with you.”

More tomorrow.

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