McHenry County Blog

The State Board of Elections has denied the appeal of Nunda Neighbors.

It approved, however, a settlement offer.

Political Action Committee Treasurer Lori McConville, a Democratic Party candidate for McHenry County Board in the Nunda-McHenry Township District 3, told the board the committee was willing to shut down and pay the rest of the money it had as a fine. Admitting the guilt, but appealing the fine, it seems.

The remaining amount is $216.

The Hearing Examiner ‘s recommendation was a fine of $1,775.

Under the motion pass by the State Board of Elections, the committee will file a Final Report and turn over the remaining funds of the committee to the State’s General Revenue Fund.

If the committee remains out of existence for a 2 year period, the remaining amount will be abated.

Tax Fighter Gerry Walsh filed the original complaint pointing out that the PAC had filed its campaign disclosure forms late for a second time. The fine for the first time around is routinely waived, pending no further filing problems.

His comment?

“I have always said that the amount of the fine is secondary.

“The primary point has always been that Nunda Neighbors for Open Space contends that a significant tax increase is a financially justifiable vote. Yet, they have been found guilty of violating state campaign finance law twice in six months. Obviously, the have a poor grasp of finances.

“Their Treasurer, Lori McConville is running for McHenry County Board. Ms. McConville’s credibility for financial competence and compliance with state law is a bit questionable.”

What follows is a report from Nunda Township Tax Fighter Gerry Walsh. A day after his efforts to put an advisory referendum on the fall ballot asking whether voters wanted to repeal the Nunda Township Open Space Plan fell short at the Annual Town Meeting, he was in Chicago taking a complaint against Nunda Neighbors for untimely filing of it campaign disclosure form. Notes on the meeting follow:

I don’t think the hearing lasted more than five minutes.

Unlike the hearing last fall, Lori McConville was present.

If she were not running for the McHenry County Board in November, I suspect this wouldn’t be newsworthy to McHenry County residents – and she would have blown off the meeting again.

The ISBE attorney started by giving a summary from the Hearing Officer’s report of March 11.  The report reads in part:

“The respondent [McConville] admitted they filed the December 2009 Semi-Annual report late and an amendment was required to clear up deficiencies in the original report.  Therefore, I recommend that the complaint be found to have been filed upon justifiable grounds….Furthermore, I recommend that no further action be taken in this matter, except for the assessment of a penalty by the Board for the delinquent filing of the December 2009 Semi-Annual Report.”

At the hearing, Gerry Walsh said that he agreed with the Hearing Officer’s report.

He also pointed out that this was the second time in six months that a Walsh vs. Nunda Neighbors complaint was filed.  Both times, the Hearing Officer reported the complaint was filed on justifiable grounds.

Lori McConville, the Treasurer and Chair for Nunda Neighbors, then stated that she also agreed with the report.

The Board voted unanimously to accept the report, which suggests that another fine will be assessed to Nunda Neighbors.

Lori McConville indicated that she may appeal the fine.  She gave no indication that she would contest the decision, which she had admitted to.

The timing of this hearing before the State Board of Elections is amusing because it occurred the day after the Annual Nunda Township meeting.

As McHenry County Blog previously reported, after Lori McConville’s speech at that meeting supporting the Nunda Open Space Plan and its support by Nunda Neighbors for Open Space, Gerry Walsh responded that Nunda Neighbors was not a credible organization, since they violated state campaign law in the fall without contesting it, and are possibly going to be found in violation again the next day [which they were].

Gerry Walsh has quipped,  “Lori McConville has shown that she is financially inept, dismissive of state campaign laws, as evidenced by the ISBE rulings, and hasn’t learned from her mistake of six months ago.  She is not a stellar candidate for office, much less for the county board.”

Thanks to a friend of McHenry County Blog, I can offer the following take on what happened at Nunda Township’s Annual Town Meeting:

I thought I’d fill you in on the outcome of the Nunda Township Annual Meeting.

Aside from the formalities of the standard Annual Meeting Agenda (there were some interesting comments from Supervisor John Heisler at the beginning of the meeting relative to general assistance funds… mainly they will likely be depleted by October), the big question on the agenda was with regard to the Nunda Open Space Plan and a question put forth as to whether or not to put an advisory question on the November Ballot which would allow the voters to express whether or not they favored repealing the Nunda Open Space Plan.

I wish I had brought my digital recorder or had taken better notes, however below is a quick summation of a couple of key points made during the meeting:

The "Vote Yes" people mustered more of their people to the Nunda Township Annual Town Meeting than the opponents.

Douglas Mann put the motion forward to discuss the question and admitted that while the question was advisory he called the plan a plan to tax the residents of Nunda Township.

In his remarks he referred to page 13 of the Standards and Procedures which indicates that “Cost, availability and willingness of the seller will be the standards that guide the Township Board in acquisition” and that references to Hydric Soils or other water related issues would not be guiding factors when purchasing properties.

Former Nunda Trustee, Kevin Sarnwick, asked a series of questions of Supervisor John Heisler relative to the Open Space Plan.  Among the answers, it was revealed out that the township could not accept land donations without an Open Space Plan.

Several homeowners indicated that their wells had run dry and they had been forced to dig a deeper well as the aquifers had been reduced as a result of development.

Democrat Candidate for County Board Lori McConville, who also serves on the Nunda Township Planning Commission and is President and Chairman of Nunda Neighbors for Open Space spoke against having the question on the ballot.

Gerry Walsh, one of the advisory question proponents, questioned Ms. McConville’s credibility, noting that he was scheduled to appear in front of the Illinois Election Commission with regard to an infraction related to campaign finance filing against Nunda Neighbors tomorrow.  McConville’s argument was that her involvement was based out of concern for the quantity and quality of water available to township residents.

Also speaking in support of the Open Space Plan among others were County Board Member Kathy Bergen Schmidt and Nunda Township Planning Commission Chairman Ders Anderson.

Among the supporters many discussed the failed tax referendums and how they would, eventually, when the timing is right, win approval.

During one of her Remarks, Kathy Bergen Schmidt identified as the same Gerry Walsh who served as a Trustee in Roselle back in the 90′s.

Debate lasted for nearly an hour and the final vote was 31 in favor of letting the voters voice their opinion and 47 against.  I did note that there were many people that chose to abstain from the vote.

I voted in favor of putting the question on the ballot; while the referendum was advisory, it would have given the voters another chance to express their opinion on the document that they approved of, but not enough to fund, and it would have given the proponents that would want to see taxes raised on Nunda residents the opportunity to promote the value of the plan and build their case for their next attempt at the tax increase.

No winners or losers here, I guess.

Brent Smith recruiting Neko Olsen for the Young Republicans at a Nunda Township Republican Family Picnic.

Nunda Township resident Gerry Walsh gained a powerful ally when Nunda Township Republican Central Committee Chairman supported putting the tax fighter’s advisory referendum on the fall ballot.

“At this meeting there will be a vote by a show of hands for all attending registered voters of Nunda  regarding:

‘Shall the Nunda Township Open Space Plan which was adopted in April of 2007 be repealed?‘

“The outcome of this vote will decide if the question will  APPEAR or NOT APPEAR on the November ballot.

“As far as the information that I have received on this topic, I feel it should be up to the residents to vote on the November’s ballot,”

newly-elected GOP Chairman Brent Smith wrote members of his central committee.

This is an interesting move, considering the list of supporters for the last tax increase referendum.

The meeting will be held Tuesday at 7 PM in the Nunda Township Hall on Bay Road

Smith recommended people “show up at 6:30 to get a seat.”

“I strongly urge all of you to attend this Town Hall meeting and bring a friend,” he wrote.

The last referendum was a close one.  It barely failed.

Walsh and his allies filed a petition last November asking for a referendum.

They have a web site up explaining their position.

Arguments advanced are

1.  Why Should we repeal the Nunda Open Space Plan?

The plan allows for an estimated $61,000,000 tax increase to acquire land in Nunda Township.  Funding for the plan was on the ballot in 2004 and 2007 for $20,000,000 and in 2009 for 15,000,000.  Each of these three times it was on the ballot, Nunda Township voters rejected the spending proposal.

Open space is good.  Tax increases are bad.  Those who are interested in expanding open space in Nunda Township should consider buying more property – but let’s not force our neighbors to pay for property they don’t want by increasing their taxes.

2. What does a $61,000,000 tax increase mean for me?

If the 2009 $15,000,000 bond proposal had passed, the tax rate for Nunda Township would have increased by 78%.  If the full $61,000,000 bonding is approved by voters in the future, the tax rate increase for Nunda Township will be 316%.  This does not include the seperate tax you already pay for roads and bridges.

3.  Why do township leaders want a tax increase for Open Space?

In the October 2006 Nunda Open Space Report, the committee’s concern was about hydric soil (“wetland” is the generic term) which must be conserved for ground water quality.  However, the report does not say that ground water quality is currently a problem, nor is a problem anticipated. Water quality reports have been reviewed from Crystal Lake, Island Lake, McHenry (county and city) and Woodstock.  No EPA violations have been reported.

In addition, the ground water aquifer in Nunda Township flows from west to east.

This being the case, the best way to protect water quality in Nunda is to acquire cheaper land to the west of Nunda Township.  This is exactly what the McHenry County Conservation District is presently undertaking with our current tax dollars.  Even if the ground water aquifer was a problem in the township, acquiring open space in Nunda Township directly helps the citizens to our east in Lake County, not those of us residing in Nunda.

4.  Will Open Space reduce traffic congestion?

Traffic congestion was not addressed in the Nunda Township Open Space report.  Even if the Open Space plan were fully implemented for $61,000,000 in new tax dollars, the Open Space plan would only reduce the projected poplulation of Nunda Township in 2040 by 2%.

The tax increase, however, would be immediate.

5.  Don’t we already have Open Space in Nunda Township?

The answer is a resounding “YES”.  The Nunda Open Space report does not acknowledge the current open space owned by various government entities.  The Illinois Department of Natural Resources owns Moraine Hills (1,800 acres), and Black Crow Marsh (250 acres).  The McHenry County Conservation District owns 900 acres in Nunda Acres, adjacent to Nunda parcels 29 and 8.  Also, the Crystal Lake Parks District owns Sterne’s Woods (200 acres) and Veteran’s Acres (150 acres).  Nunda Township’s only open space land is the usually vacant Sherwood Park.

Questions?

If you have questions or would like to get involved in helping keep your taxes from increasing, then join our cause as a member, or contact either:

Gerry Walsh
t. 224.678.6579

email: gerrywalsh@msn.com

or
Douglas Mann
t. 815.455.1887

email: NoOpenSpaceTax@gmail.com

Open Space repeal logo.

There could be some local action on open space at the Nunda Township Annual Meeting.

Township tax fighters Gerry Walsh, Republican Committeeman Bob Borchert, Doug Mann, and former Republican County Board candidate Craig Steagall have filed the following petition seeking to have the township electors ask the Nunda Township Board put a question on the ballot about whether voters want to repeal the 2007 passed Open Space Plan or not:

We, the undersigned, qualified electors and registered voters of Nunda Township in the County of McHenry, State of Illinois, do hereby petition the Nunda Township Clerk to include an advisory question of public policy to be placed on the agenda item at the 2010 Township Meeting per Section 30-205 of the Illinois Compiled Statutes 60 ILCS 1/ Township Code.  The advisory question pertains to repeal of the Nunda Township Open Space Plan that was adopted by the township voters in April of 2007.  This question shall request that the Nunda Township Board shall certify the question of repeal of this Plan to the proper election authorities, who shall submit the question in accordance with the general election law.

Whether the township board will put the advisory referendum on the ballot remains to be seen.

In other news, Walsh has individually filed complaints against the political action committees of Nunda Neighbors for Open Space, whose treasurer is Democratic Party District 3 County Board candidate Lori McConville, and Nunda Township Republicans, whose treasurer is Nunda Township Trustee Jim Schlader.

In foreground, you see Nunda Township Picnic attendees Joe Wheeler and now-GOP gubernatorial candidate State Senator Bill Brady.

He alleges the Open Space PAC filed late for the second time in six months and the Republicans have listed the township office address, 3510 Bay Road, Crystal Lake, 60012, as the source of a $735.68 donation for the Nunda Township GOP picnic and did not name the donor of the contribution, as required by state campaign finance laws.  The name of the donor was listed as “Picnic Contributions”.  Oddly, other Republican party donors were properly listed by name and address.

In reaction to that complaint, the Nunda Township GOP PAC filed an amendment with the State Board to move that donation from “Itemized” to “Non-Itemized.”

Hearings on both complaints before the Illinois State Board of Elections are scheduled for March 10th in Chicago.

John Heisler

Nunda Township resident Gerry Walsh filed a complaint with the Illinois State Board of Elections complaining that a political group had been allowed to meet at the Nunda Township building without paying a fee.

A final order has been entered in the case with the State Board finding

“That the complaint was not filed on justifiable grounds.”

The State Board dismissed the case, which Walsh could have appealed to McHenry County Circuit Court, but, apparently, did not.

Heisler told me any Nunda Township was welcome to meet in the township hall.

As expected, incumbent Jim Kennedy, he who broke the Republican stranglehold on the McHenry County Board four years ago by defeating incumbent Republican Perry Moy in District 5, has filed for re-election.

A new entrant, Burton’s Bridge )with a Crystal Lake address) resident Lori McConville, has filed in District 3. District 3 comprises all of Nunda Township, which is north of Crystal Lake Avenue, into southern McHenry Township with one Algonquin Township precinct in Oakwood Hills.

District 3 is where McHenry County Democratic Party Chair Kathy Bergan Schmidt scored one of two Democratic Party county board victories last year. She knocked out Nick Provenzano at the same time that District 5 Democrat Paula Yensen beat John Jung. (Both Provenzano and Jung are seeking to regain seats on the county board this year.)

McConville led the successful fight against a commercial business servicing contractors on Route 176 near her neighborhood.

In a 2007 web site statement she described the group she head, Nunda Neighbors, as a “small (but powerful) civic committee.”

This past spring McConville’s name surfaced as a leader of the Nunda Township Open Space Committee referendum. She is listed by the State Board of Elections as the political action committee’s current chairman and treasurer.

Tax fighter Gerry Walsh and his allies fought successfully against the referendum. Later he noticed that the political action committee did not file its campaign disclosure report on time and filed a complaint. No one from Nunda Neighbors showed up for the hearing.

In the case “Gerry Walsh vs. Nunda Neighbors for Open Space,” the State Board of Elections ordered:

“No further action is required other than referral to SBE staff for the assessment of the requisite civil penalty for delinquent filing…”

Filing on the first day was Jeff Thirtyacre. He is seeking election to the county board for the second time for the board in District 4, which consists of most of McHenry Township and all of Richmond and Burton Townships.

= = = = =

Above is one page of the proponents’ Open Space mailing last spring.

In August and September, McHenry County Blog reported on Jerry Walsh’s and William Douglas Mann’s petition attempt to call a special Nunda Township meeting called to obtain a referendum to repeal the Nunda Township Open Space Plan.

A press release has been received from Walsh that tells of their attempt being rebuffed. It appears below:

Nunda Supervisor John Heisler denies citizens’ request for special town meeting

According to township attorney, James Militello, the nine pages of petitions filed by “approximately 67 alleged voters” is “not in compliance with township code….”

The reasons given for denial were stated as

1) “The Petition does not state ‘a special meeting is necessary for the interests of the Township’ and

2) The object of the meeting is not relevant to powers granted to electors under the Township Code.”

It is obvious that Supervisor Heisler is doing all that he can to stop this citizen action aimed at repealing Nunda’s mechanism to increase residents’ future taxes.

Watch their web site for updated postings, and email NoOpenSpaceTax@gmail.com if you would like to join with us in fighting future Nunda Township tax increases through the defeat of the Nunda Open Space Plan.

As readers know, the folks who want McHenry County State’s Attorney Lou Bianchi out of office have prevailed upon Associate McHenry County Judge to appoint a special prosecutor to probe whether taxpayer resources were used to promote his campaign.

That special prosecutor is following up on leads, McHenry County Blog has learned.

But another front has opened on the issue.

Nunda Township tax fighter Gerry Walsh is taking on Nunda Township Supervisor John Heisler.

Walsh filed a complaint with the Illinois State Board of Elections (ISBE) against the Nunda Township Supervisor Friday.

Walsh says Heisler allowed his Nunda Township office to be used for the Nunda Neighbors for Open Space meetings (a pro-tax increase group) in February and March. Apparently that information was on McHenry County Blog. (I’m not sure if the Nunda Neighbors for Open Space is the same group, Nunda Neighbors, that successfully found commercial zoning on Route 176 west of Burton’s Bridge in 2007.)

“I had planned to ask the Nunda Neighbors rep about how much they paid for the room at the preliminary hearing at the ISBE on September 16 (Walsh vs. Nunda Neighbors),” Walsh emailed me, “but no one showed up. My suspicion is that they are going to plead nolo contendere (no contest) about this election violation.

“The Hearing Officer said that the use of the Supervisor’s office for a campaign meeting was unusual, but a separate issue.

“I handed John Heisler a letter on September 18th asking about how much Nunda Neighbors paid for the use of his office for their campaign meetings.

“As of this morning, he hasn’t responded. That is why I filed the complaint with the Illinois State Board of Elections.”

“The reason I haven’t responded was that the letter was not addressed to me,” Nunda Township Supervisor John Heisler told McHenry County Blog.

“It was addressed to Bridgett Provenzano. I got a copy of a memo he had addressed to my clerk.

“I handed it to my attorney Jim Militello and he advised me that it was addressed to Bridgett, not me, and I need not respond.”

= = = = =
The photo is from the Nunda Township Republican Picnic.

The following was received from Gerry Walsh, one of the people who is trying to get a referendum on the ballot to repeal the Nunda Township Open Space Plan:

On Friday September 18, petitions containing 67 signatures were filed with the Nunda Township Supervisor. The petitions were requesting that a special township meeting be held for the purpose of having repealment of the Nunda Open Space Plan placed on the next election ballot.

Valid signatures from 15 electors are required to hold a special township meeting.

Per state law, the meeting must be held not less than 14 nor more than 45 days from the date of filing.

For further information, contact Doug Mann at 815-519-8933 or Gerry Walsh at 224-678-6579.

Reasons for repeal of the Nunda Open Space Plan can be viewed at www.NoOpenSpaceTax.com.