McHenry County Blog

You have to give Nunda Township Tax Fighter Gerry Walsh an award for tenacity.

He is so upset about the possibility of tax increases that would allow Nunda Township to purchase land by raising taxes that he has fought each referendum. His side won the tax votes, but not the one that put in place a plan. Efforts to obtain an advisory referendum on that subject were beaten back by open space advocates at the last Annual Town Meeting.

But, that’s not all that the watchdog does.

He watches the State Board of Elections web site to see if the tax hike proponents’ political action committee files on time.

Walsh has now caught them filing late not once, but twice.

The latest letter from the State Board of Elections follows:

Above you see the March 4, 2010, letter from the Illinois State Board of Elections to Lori McConville, Treasurer of Nunda Neighbors. Click to enlarge either part.

If you enlarge the lower part of the letter, you will see that fines totaling $1,750 are “now due.”

Appeal materials were enclosed with the March 4th letter.

Walsh recently put his efforts in perspective and has told me I may share his thoughts with you. They are below:

It’s official.

As of April 15th, Nunda Neighbors for Open Space has been found in violation of state campaign finance law for the second time in six months per the Illinois State Board of Elections.

You would think they had learned from the first violation last fall, but apparently, they didn’t.

“Question one, who are Nunda Neighbors for Open Space?

“Answer, they are the political action committee that promoted the potential $61,000,000 Open Space tax increase in Nunda Township. They also campaigned for the $15,000,000 to $20,000,000 bond issue in 2004, 2007, and 2009. If fully implemented, the Open Space tax increase would approximately quadruple the Nunda Township portion of our tax bill.

District 3 McHenry County Board candidate Lori McConville listens to Democratic Party Sheriff's candidate Mike Mahon speech.

“Question two, why should Nunda Township residents care about the state board ruling?”Answer, because Lori McConville, the treasurer/chair for Nunda Neighbors, is running for the McHenry County Board in District 3.

“The semi-annual campaign filing is not that difficult to fill out. Two violations in six months indicate that Ms. McConville is financially challenged, dismissive of state law, and didn’t learn from her first mistake.

“These are hardly the talents one is looking for in a candidate for county board.”

June 15th the appeal will be considered by the State Board of Elections.

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.

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 update below from Nunda Township’s Gerry Walsh arrived yesterday. Walsh is trying to get a referendum to repeal the Nunda Township Open Space authorization. Here is his web site:

The email follows:

Cal,

The preliminary hearing was today. No one from Nunda Neighbors showed up. It was just the Hearing Officer and me. (Tony is retiring at the end of the month).

They filed their campaign finance report Monday, almost two months after the state mandated deadline of July 20. They have $6.99 left. However, they updated their website last month.

The Hearing Officer will recommend that Nunda Neighbors be cited and fined for non-compliance with state law. The hearing before the State Board of Elections will be at the October meeting in Chicago. I will be there.

Gerry

Successful citizen uprisings have a long history in McHenry County.

Tuesday, two more groups won big victories for their neighborhoods.

Nunda Neighbors, who first fought off a truck depot, now have won a 17-6 zoning victory against those developers who wished to turn their residential area into a strip mall.

Located west of Woodstock, Seneca Township homeowners saw a gravel pit go down to defeat 19-4.

Both had neighborhood sign campaigns and web sites.
(Seneca Township;
Nunda Neighbors.)

As Northwest Herald reporter Kevin Craver pointed out, four of the six votes against what the local people wanted came from the same people:

• County Board Chairman Ken Koehler of Crystal Lake
• Marc Munaretto of Algonquin,
• Mary Lou Zierer, who lives between Marengo and Harvard and
• Dan Shea of Fox River Grove

The two extra, who ignored the Nunda Neighbors’ pleas were

• Sue Draffkorn of Wonder Lake and
• Lyn Orphal of Crystal Lake.

All of the county board members voting in opposition to the local residents pleas are Republican.

It is pretty extraordinary for a county board chairman to be on the losing side of issues. I have not been keeping track, but, besides these zoning issues, Crystal Lake’s Koehler has been in the minority

• on the McHenry County Republican Cat Tax fight,
• banning flash photography and
• the attempt to spend $773,000 more on renovating the old State Farm Insurance building on Route 14 into an animal control shelter.

= = = = =
The head shot is of McHenry County Board Chairman Ken Koehler.

Successful citizen uprisings have a long history in McHenry County.

Tuesday, two more groups won big victories for their neighborhoods.

Nunda Neighbors, who first fought off a truck depot, now have won a 17-6 zoning victory against those developers who wished to turn their residential area into a strip mall.

Located west of Woodstock, Seneca Township homeowners saw a gravel pit go down to defeat 19-4.

Both had neighborhood sign campaigns and web sites.
(Seneca Township;
Nunda Neighbors.)

As Northwest Herald reporter Kevin Craver pointed out, four of the six votes against what the local people wanted came from the same people:

• County Board Chairman Ken Koehler of Crystal Lake
• Marc Munaretto of Algonquin,
• Mary Lou Zierer, who lives between Marengo and Harvard and
• Dan Shea of Fox River Grove

The two extra, who ignored the Nunda Neighbors’ pleas were

• Sue Draffkorn of Wonder Lake and
• Lyn Orphal of Crystal Lake.

All of the county board members voting in opposition to the local residents pleas are Republican.

It is pretty extraordinary for a county board chairman to be on the losing side of issues. I have not been keeping track, but, besides these zoning issues, Crystal Lake’s Koehler has been in the minority

• on the McHenry County Republican Cat Tax fight,
• banning flash photography and
• the attempt to spend $773,000 more on renovating the old State Farm Insurance building on Route 14 into an animal control shelter.

= = = = =
The head shot is of McHenry County Board Chairman Ken Koehler.

McHenry County Board members don’t like listening to people complain about intrusive neighborhood zoning requests.

The Northwest Herald’s Kevin Craver touches on it in this article.

Recently, there was the end run that Fritz Duda dis-annexed from the Village of Barrington Hills. It was the old Alexander MacArthur farm. Alex, who was a leader in the incorporation of Barrington Hills, would not have been pleased at the higher density being proposed under McHenry County zoning laws.

Barrington Hills folks are quite vociferous and effective when they get up in arms about something. Just ask the supporters of the Fox Valley Freeway, more honestly know as the Fox Valley Tollway.

Two other fights are going on that take the time of McHenry County Board members.

One proposes a gravel pit southwest of Woodstock in the Franklinville Road area. Driving through last weekend allowed me to see all sorts of signs.

The other is a threatened trucking operation on Route 176 near Burton’s Bridge. The Northwest Herald story by Craver that I linked to in the previous sentence says the Burton’s Bridge folks convincingly won the first round, but, since the signs are still up, it is obvious they do not think the zoning fight is over.

I also drove by it recently.

What I noticed in both cases is that local residents have their own professionally printed signs and a web site.

Zoning change opponents in Burton’s Bridge may have the public relation advantage because the proposed truck depot will dump more traffic on a road a lot more people take than the rural roads near the proposed gravel pit.

The biggest route 176 sign is a banner that says “NO ZONING CHANGE” in bright red letters on top. The bottom gives an internet site called WWW.NUNDA-NEIBHBORS.COM. It’s at least 12 feet long and probably 4 feet high.

Next to it is what looks like a 4 foot by 4 foot sign with an arrow pointing across the road to the property that the opponents obviously believe will affect their subdivision of homes adversely.

Above the red arrow are these words: “NO ZONING CHANGE.” The “NO” is also in red.

And, there are five small flags flying on top of the smaller sign—in different colors. So besides the motion of the flags attracting commuters’ attention, there is enough color so that even most colorblind guys can see something.

But, that’s not all signs put up by the Nunda Neighbors.

There’s another sign with six flags waving in the wind.

It says,

I didn’t get the top of another sign in the frame, but I think it was on the other side of one of the flag waving signs mentioned above. The message is

Then, in a rectilinear box,

Red arrows point up next to the “Traffic Up, Accidents Up” message and across Route 176 to the proposed truck depot under “No Zoning Change.”

There are some professionally printed yard signs, too.

In yellow letters surrounded by blank ink one can see the words,

above black letters on a yellow background saying.

I didn’t look closely, but I think on the other side is this message:

in black letters on yellow and I didn’t get a good view of what’s underneath (perhaps someone can fill in the blanks in a comment from its picture from this mystery side of the two-sided sign)

And, I saw one final sign. It relates to the Congregational Church that replaced Burton’s Bridge School, with that elementary school district went belly-up and was absorbed by Crystal Lake’s District 47.

It says,

In the future, what I saw west of Woodstock.