McHenry County Blog

The reply to the suit filed against the McHenry County College Board for violating the Open Meetings Act by McHenry County State's Attorney Lou Bianchi is fascinating.

"The Defendant admits...

"The Defendant admits...

"The Defendant admits...

"The Defendant admits...

"The Defendant admits...

"The Defendant admits...

"The Defendant admits...

"The Defendant admits...

"The Defendant admits...

"The Defendant admits...

"The Defendant admits...

"The Defendant admits...

"The Defendant admits...

"The Defendant admits...

"The Defendant admits...

15 times the college attorney says Bianchi's charges were "right on."

Bianchi did conclude that the violation was "not intentional." He also praises college personnel for their cooperation in his investigation.

Considering what happened earlier that night, I find the following exculpatory sentence from the college intriguing:

"The members of the Board of Trustees had no knowledge that the security guards were instructing people to leave the building based upon the policy which had been in effect for years."

I wonder if the trustees and everyone else in the secret meeting would be willing to swear the following:

"The members of the Board of Trustees had no knowledge that the security guards were instructing people to leave the building."

Labels: Lou Bianchi, MCC, McHenry County College, McHenry County State's Attorney, Open Meetings Act

An earlier story mentioned that legal fees were part of the reason contractual expenses were up this fiscal year.

McHenry County College President Walt Packard gets more specific in another report.

He says, the legal expenses line item may be overspent $40,000 without supplemental spending authority.

That's even though $60,000 in additional spending authority was approved by the MCC College board at the end of March.

Blamed are employee contract negotiations, purchase of the adjoining 67 acre Gilger property and those pesky citizen and media Freedom of Information requests.

And the Open Meetings violation suit filed by McHenry County State's Attorney Lou Bianchi.

You know. It's cheaper when you follow the law.

Labels: Freedom of Information Act, MCC, McHenry County College, Open Meetings Act

The good news is that total premiums in property, casualty and workers' compensation insurance are down for next year.

Down by $89,000. Total cost of just under $333,000.

The wining insurance agents were from Grayslake (R.J. Galla Company) and Rockford (Williams-Manny Insurance Agency).

Williams-Manny would have been low on both bids, but its liability coverage for the board members was "only" $1 million and the board members apparently wanted $6 million.

I found three items in President Walt Packard's report that are of some interest:

• MCC is taking out $5 million of flood insurance.


• The newly purchased 67 acres have increased property values that need to be insured.


• Violent event response insurance has been added.

Anyone who has followed the baseball stadium debacle must be smiling about the flood insurance.

This is for the property that none of the paid experts said was in danger of flooding. Remember it's not flood insurance for the folks downstream.

I also fail to comprehend how "increased property values" resulting from having purchased vacant land need to be insured.

I insure my home, not my lot.

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The flooded property is in Lippold Park south of Route 176. It is where water draining from McHenry County College ends up. It was taken last August.

Labels: Flood Insurance, MCC, McHenry County Board

Tucked away in an application for state financial assistance for McHenry County College's request for assistance from state taxpayers is evidence that referendum approval for $10 million will be sought.

That's the source of local funds for Phases One and Two of the college's "Master Plan."

To provide the local funds needed for Phase One --$3,947,000-- the college board proposes passing a referendum.

$11.5 million is being requested from state taxpayers.

Phase One calls for

• a Health Careers Center
• Math and Science and General/Computer/Virtual Classrooms
• Food Service/Dining Improvements
• 46,400 more square feet; renovation of 3,100.

The Health Careers Center is said to be "driven by employers who need qualified health care workers to address demands for services within the district."

But, that's not all.

The college board apparently intends to ask permission to borrow another $7.1 million from us voters.

$21.2 million is expected to be paid out of your state tax dollar pocket.

That's for Phase Two.

It will consist of

• a Bookstore
• Humanities and Social Sciences
• Learning and Student Support Services/Administrative/Development
• Health/Wellness/Athletic Center
• General/Computer/Virtual Classrooms
• Human and Public Services

85,300 square feet here, plus renovation of 9,700 more.

Labels: MCC, McHenry County College, Referendum

If McHenry County College is any indication, the State of Illinois has community colleges on the "slow pay" list.

In a report from MCC President Walt Packard, he notes, "State revenue is currently 76% of budget compared to 99% of budget last year."

He points out that payments were almost $580,000 short of what the college had received through May of last year, "due to a timely delay in the distribution of the fourth quarterly payment from the State."

Two comments are made by Packard that relate to the failed baseball stadium effort. Neither, however, explicitly mention the baseball stadium.

Legal fees are up. Earlier Legal fees are co-mingled with other contractual services, which are over $668,000 higher than last year.

The college has refused to reveal how much was spent on lawyers' (not) replying to Freedom of Information requests.

Capital expenses are up over $293,000. Want to bet that a lot were for the baseball stadium?

The board meets tonight at six. Note that the board packet was not posted at 4:30 PM on Monday, 25 and one-half hours before the Committee of the Whole meeting was scheduled to begin.

Labels: Board Packet, MCC, McHenry County College

You can't tell me that the Northwest Herald's Chris Kurg doesn't have a sense of humor.

In his Sunday column, he tells of an encounter with a bat.

No. This isn't a Dracula story. Nothing about Ivan, the Impaler.

But, after telling his bat story, he drops this gem:

"Kind of got me thinking ... McHenry County Rabid Bats. That would make a cool name for a minor-league baseball team.

"You know, if we had a minor-league baseball team."

For the record, Keely Cat and I think the


would be an excellent name for a minor league baseball team.

Or, maybe I should say "would have made an excellent name" had McHenry County College been able to pull off a baseball stadium the way Heartland Community College has.

Bats, after all, only come out at night and that's when the MCC board held its secret meetings.

Bats like to hide and the MCC board certainly hid a lot with the $400,000 it paid baseball promoter Pete Heitman's buddy Mark Houser.

The work product the college provided me gives no indication of $400,000 of value received.

I'm waiting for the day that the Northwest Herald will announce that for a multi-million payment a minor league baseball stadium will become its namesake.

Labels: Baseball Stadium, Chris Krug, Mark Houser, MCC, McHenry County College, Pete Heitman, Rabit Bat

There have been hours and hours of secret meetings by the McHenry County College Board about easements.

So far, not one sentence about the substance of the broadcast tower proposal in public, as far as I know.

The only clue of what is at stake has appeared on McHenry County Blog.

That resulted in my pictures before MCC President Walt Packard used the American flag to block me from taking more photographs of John McQuire's power point presentation of his broadcast tower proposal.

The board was apparently discussing easements.

Significant ones, if my non-MCC source is correct about the project's size.

On the original agenda for Thursday night's board meeting was “Easement Access, Report #08-111.”

But it was not up for discussion.

It was on the consent agenda.

Obviously, no public involvement wanted.

Sort of like the baseball stadium and its give away of the college property on which it would sit.

One night when the board went into secret session, by chance I offered a suggestion for future leases.

Knowing that the college board failed to ask for those who would benefit from Peter Heitman's baseball stadium scheme, I suggested that future leasing beneficiaries be put on the public record. This would require period certifications for changes of those benefiting, of course.

This is not a huge leap from current state law under which people selling property to governments have to identify everyone who stands to benefit from the sale.

So, I was anxious to see what the leasing policy would be.

But, it wasn't in the board packet.

Late Tuesday afternoon, I called the college and asked where it was.

About five a return call told that the item had been withdrawn from the agenda.

Indeed, it has a line drawn through it now.

So, just what is the college board up to in secret now?

Labels: Baseball Stadium, Broadcast Tower, Lease, MCC, McHenry County College, Walt Packard

In 2000-2001 Prudential Insurance was demutualized.

The college recently became aware of its ownership of the stock and as the College's Investment Policy precludes the ownership of individual equities, the stock has been sold.

Because the college insured lives of its employees through Prudential, it got 3,413 shares of stock.

Its recent sale got McHenry County College $263,380.23 it apparently didn't know it had.

Labels: MCC, McHenry County College

Comparing the deal being negotiated by Heartland Community College in the Bloomington-Normal part of Illinois, it certainly looks like it.

Randy Reinhardt of the Bloomington Pantagraph writes that Mike Veeck's Frontier League team is recommended for the nod.

OK.

Same league.

A deal with a junior college.

What was the offer?

The stadium in the heart of Illinois will cost $12 million.

MCC's was pegged at $10 million, maybe more, but that's the figure the Crystal Lake college started with.

3,000 to 3,500 chair-back seats in Normal. 2,000 more possible in picnic area.

3,000 bleacher seats were proposed for MCC's.

“Heartland would contribute $3.5 million it already has set aside for athletic facilities, and Veeck’s ownership team would pay for the rest. The town of Normal would contribute sales tax rebates and infrastructure costs,”

the article says.

I don't remember the Crystal Lake City Council's being willing to contribute anything.

Of course, we don't know how the baseball promoter will come up with his money. Maybe his arrangement with Heartland will be as flaky as the one agreed upon by the McHenry County College Board.

But, maybe there will be a stop-loss of $3.5 million, that is, maybe the college board will be smart enough to make Veeck's company pay for anything over that amount.

The college was planning to spend $3.5 million on a new stadium anyway.

We'll see.

Labels: Baseball Stadium, Heartland Community College, MCC, McHenry County College, Mike Veeck

A former McHenry County resident now causing trouble in Boone County pointed me to this Woodstock Advocate March 28th article by Gus Philpott about a $700,000 bike path from the railroad tracks at Oak Street to McHenry County College.

Philpott asked,

“Can you imagine a $350,000/mile bike path? What in the world could possibly cost $350,000 per mile???”

Since I was at the MCC board meeting the night it gained college approval, I thought it was worth looking into.

There was lots of kidding of Donna Kurtz about whether she would use it to get to meetings. She promised to do it and, after she told me she has ridden her bike to work in Barrington, I believe her.

So, I emailed the McHenry County Conservation District asking the cost. Here's the reply:

The cost estimate for the Crystal Lake to Woodstock Bike Path, Stage 1, is $762,000. Stage 1 is from Oak Street in CL to MCC. The FY 09 budget contains $600,000 for the project and the balance will be budgeted next FY. These moneys are coming from the 2007 bond referendum.

In addition, the District has received a $200,000 grant from IDNR for this project. This will be recovered once the project is complete.

We are hoping for a fall '09 /spring '10 construction. This will depend on how quickly we can get the permits approved from the various regulatory agencies.

John Kremer, Director of Operations

I asked the distance and was told it was 1.9 miles long.

Finally, I asked why it cost so much. Thought you might be interested in the reply:

Bike paths are the most expensive public use project the District implements. One of the reasons they are expensive is because they are linear parks. This means that 100% of the project/site is visible or easily accessible to the user. Meaning, 100% of the trail has to be sound and aesthetically pleasing. These are high use facilities, therefore, they must be designed and constructed to a meet a level of standards so the public can use them safely.

This project is not a trail which is contained within a larger District conservation area. If that were the case, we could design it to cost much less because we would have more flexibility to avoid problematic areas.

This trail runs on a narrow corridor; crosses creeks, roads and drainage ways; travels over hills and through valleys; touch multiple jurisdictions and each one requires a permit of some form. Each of these presents challenges and with challenges comes more standards and with all of that comes higher costs.

All that being said, these bike trials are wildly popular with the public.

The Prairie Trial in Crystal Lake is the most used facility the District operates.

Hope this answers your question.

John Kremer

On top, you see the future parking lot south of the Union Pacific Railroad tracks at Oak Street, where the bike path will start.

The next picture is how the bike path will enter McHenry County College.

Finally, you see the Prairie Path sign and September flowers on Main Street in Crystal Lake.

Labels: Bike Path, Donna Kurtz, Gus Philpott, MCC, MCCD, McHenry County College, McHenry County Conservation District, Prairie Path

It's a public meeting, the notice says.

If you want to see what happens, be at the Shah Center on Route 31 (used to be a motel and, then, a Baptist college). It's at the light north of the hospital.

Here's the meeting notice:

Notice is hereby given that a Retreat of the Board of Trustees of McHenry County College District #528 will be held on Saturday, May 17, 2008 from 8:30 a.m. until 4 p.m. at the Shah Center for Corporate Training, 4100 W. Shamrock Drive, McHenry, IL 60050.

The meeting will be conducted in Open and Closed Session in accordance with the Illinois Open Meetings Act.

AGENDA

Call to Order
Roll Call
Acceptance of Agenda
Closed Session
President/Board Evaluation
Adjournment

George Lowe, Chair

Labels: MCC, McHenry County College, Shah Center, Walt Packard

Yesterday, I told you I would share the questions that Round Lake Mayor and Democratic Party state senate candidate Bill Gentes put forth while considering whether a minor league baseball stadium would be an asset for his town.

Mark Houser and Pete Heitman approached him with the idea.

I thought folks in Huntley, McHenry, Woodstock (plus whatever town whose leader is too shy to admit talks with Heitman) might like to ask their councilmen, alderman or trustees what answers they have gotten to them.

Gentes put a poll on his blog and found 78% of those responding favored building a ballpark. 133 voted.

Here are the questions from his blog, which is called “Blogging Mayor of Round Lake!”

1.How much economic benefit does a minor league team bring to a municipality?

2.What are the costs of building a stadium?

3.What kind of stadium would be appropriate for the area?

4.How would we attract a team if we got past the first two questions and what would be the form of agreement it would take?

“Question's 1 and 2 (I have put them in bold face type and enlarged them) on the post were not able to be answered so we moved on,”

Gentes emailed me.

These questions were posted February 28, 2007. There is an earlier on dated January 28, 2007.

Does that time frame ring a bell with anyone but me?

Mark Houser signed a contract to do a “feasibility study for the development of baseball stadium/indoor sports center complex on the McHenry County College campus” on September 27, 2007.

On March 12, 2008, McHenry County Blog revealed the baseball stadium was on the footprint of the Health, Wellness and Athletic Center displayed in the MCC library. The next day, the Northwest Herald ran a front page story with Crystal Lake Mayor Aaron Shepley praising it the idea to the skies.

On March 20, 2008, the two, plus Frontier League Commissioner Bill Lee, were making their pitch behind closed doors to the MCC Board.

Does it seem strange to anyone that Round Lake's mayor would make the possibility of a baseball stadium public on his blog and solicit taxpayer opinion and publish internet comments below his articles, while our junior college board would not even print accurate content from those who took the time to come to its meeting and make a public, in person comment?

Here's the most negative comment found below the mayor's first article: “I say "no" to a baseball team, since there is the very real danger of the taxpayers end up getting stuck with the bill for these kind of projects.

And if a Village offers special tax incentives to a team, again, we get little return, and more congestion, traffic, etc. “

In any event, Heitman and Houser were making their pitch to Round Lake the same time they were after the taxpayers of McHenry County College to finance their deal.

There are some English words for such behavior, not all of which can be used in polite company.

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The photo is of baseball promoter Pete Heitman.

Labels: Baseball Stadium, Bill Gentes, Mark Houser, MCC, McHenry County College, Pete Heitman

Can't you just hear minor league baseball stadium promoter Pete Heitman saying that?

Heitman is on a search for his Holy Grail—a minor league baseball stadium that he and his mysterious investors won't have to pay for.

This Black Knight has had one arm hacked off in his efforts to storm McHenry County College treasury.

The peasants got angry.

Pitchforks.

Torches.

You know the routine.

Still, it wasn't a total loss.

Heitman's buddy Mark Houser made off with checks for tens of thousands of dollars.

But the Black Knight has another arm left.

Plus two legs and a body.

Plenty of more profit motive fight left in his black heart of hearts.

“Just have to find the right public treasury,” the Black Knight thinks.

“One with feeble guardians.”

And, now the Northwest Herald's Tom Musik reports Heitman is approaching other castle treasure chests.

A half a dozen, most in McHenry County, but two in Lake, according to the article.

I wonder if one is near a prospective pig farm in Island Lake.

No.

The prospective pig farm has a vigorous defender. He has a finger gun, too.

Maybe it's Round Lake, I thought.

Mayor Bill Gentes, who is running for the 26th state senate district, has a site on which he wanted Advocate to construct a hospital. I thought it might work. Instead they looked seriously at one near downtown.

But it didn't work out.

When I asked, here is what Gentes said,

"We talked to those guys about 2-3 years ago and decided it made no sense for us."

He said he had written about it on his blog.

As reported before, Huntley, Woodstock and McHenry are interested and one whose leaders want to discuss disbursement of the coin of the realm with the Black Knight in the dark.

“The team would seek some financial help from its home community and county,” Musik quotes Heitman indirectly.

And in a direct quote, “... we’ve just got to find somebody who’s going to help out. We need a little bit of help, obviously, because we can’t do it all ourselves.”

Is it possible county board members could be so audacious as to support such a proposal with McHenry County Democrats preparing the ladders to storm the excellent paying Round Table's gates?

The Northwest Herald has already indicated it thinks county financial support is a good idea.

Could the Republican Party be ready to cede the role of fiscal conservative to that the party it has painted as the B-I-G SPENDERS?

McHenry Mayor Sue Low and Woodstock Mayor Brian Sager are quoted in the article, which says Heitman wants a four-lane highway.

Don't we all?

Maybe that puts Huntley in the lead. It already has a four-lane road.

But, then again, so does McHenry.

Tomorrow, the questions Round Lake Mayor Bill Gentes asked of Heitman and the ones Heitman could not answer satisfactorily.

= = = = =
Holy Grail modification of Monty Python movie scene compliments of Heck of a Guy blogger Allan Showalter.

Labels: 26th District, Baseball Stadium, Bill Gentes, Black Knight, Brian Sager, Huntley, Mark Houser, MCC, McHenry, McHenry County Board, McHenry County College, Pete Heitman, Sue Low, Woodstock

You'll Know McHenry County College Is Serious About Student Safety When...

The college board of trustees authorizes the men protecting the campus to be armed.

Last fall, State Rep. Linda Chapa-LaVia (D-Aurora) filed legislation that would allow all university police officers to carry guns while on duty. It passed the Illinois House 91-18, according to a Daily Herald article by Amber Krosel.

Does that make sense or what?

For McHenry County College to qualify, it would have to switch from a security guard model to a police force model.

How hard can that be?

Until recently, I was curious as to whether the Northern Illinois University police carried hand guns.

I was told they did.

So, even with handguns available to protect students and staff, there is no guarantee of success.

But, waiting for the Crystal Lake Police to respond to a call from MCC security officers seems second best to giving the officers themselves the means to protect themselves and others against an armed threat.

Harper College, Elgin Community College and the College of DuPage already have gun toting officers.

The College of Lake County is currently considering converting its security force into a police department. That would beat pepper spray and night sticks.

If it passes the Senate and is signed by the governor, it would take effect on New Year's Day.

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The photo of State Rep. Linda Chapa LaVia was taken at NASA Education's spring Veterans' Stand Down held at Camp Algonquin.

Labels: Linda Chapa LaVia, MCC, McHenry County College, Security Officers

That's what Pioneer Press' Algonquin Countryside and Cary-Grove News headlined it editorial last Thursday.

“College officials clearly overreacted in their zeal to keep information under wraps,” is one line of the opinion piece.

Literally “under wraps,” yellow plastic here, to be specific, as you can see from the photo I took that night before we were unceremoniously escorted out of the building under threat of being charged with trespassing.

The editorial goes on to point out that this was not the first time McHenry County College has kept things secret that they should not have. It points to the feasibility study that was released in November eight months after (McHenry County Blog's) revelation of the proposed baseball stadium.

And, then, the feasibility study had the most important parts cross through with thick black lines.

My March, 2007, story was six months after I can find the first paper trail for the baseball stadium.

I would point out that these masters and mistresses of mystery are currently hiding what they are doing with John McGuire concerning a lease and a broadcast tower.

It was my taking photos of information being presented inside the room that set MCC President Walt Packard into using first his body and, then, our American flag as drapery over the window to hide what was going on inside.

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You can enlarge any of the images. The head behind the American flag is that of MCC President Walt Packard. The head in front of the power point slide is also Packard's.

Labels: Algonquin Countryside, Baseball Stadium, MCC, McHenry County College, Open Meetings Act, Walt Packard

As readers of McHenry County Blog know, McHenry County State's yours truly, Attorney Lou Bianchi sued the McHenry County College Board for kicking four citizens, including from out of its building while the trustees were meeting in top secret, hush, hush, about what shall we do about leasing land to or from, I assume, a radio station.

President Walt Packard was so desperate to keep any information about what John McGuire was proposing that he rushed to cover the window through which I took the second, more revealing slide (the one below with his head blocking part of the slide) with the American flag. That's his head behind the American flag above, too.

Although the meeting went on until after midnight and several other top secret, hush, hush meetings have considered John McGuire's radio tower proposal, all that has leaked out has been two photographs seen above taken through the windows of the McHenry County College board room.

But, another source provided this information about what McGuire wants. If this is correct, wouldn't you think the public ought to know about it?

But, there's no paper trail at McHenry County College, except what Trustee Scott Summers took home. And, the college said that was top secret, hush, hush, as well...even after Summers had drawn all those black lines through it.

After the big cover-up, I got this warning letter from Packard.

Then, I found this article about getting permission to put towers on land in Will County. Don't know if it is related, but I believe the radio station next to MCC's campus is owned by the same corporation.

While the college board instructed its security officers to cover up the windows the night I took the photos of the broadcast tower slides and, not coincidentally, in my opinion, the night we four were kicked out, now there is a more efficient method.

Newly-installed Venetian blinds prevent us prying taxpayers from seeing inside the board room named after former board members Herb Lutter and Bill Ryan. (Somehow, I don't think the two, both of whom I knew fairly well, would have approved of all the secrecy.)

I know their names because they are on a plaque right next to the sign informing people outside the room that a secret meeting is going on and right next to the sign saying flash photography is prohibited.

Since one can no longer see the top secret, hush, hush, meetings, all one has to look at now that the college secrecy advocates have installed Venetian blinds to, well, keep prying eyes and cameras from seeing what goes on in a top secret, hush, hush, college board meeting.

I asked some friends who might be attending last Thursday's meeting to let me know what happened. Here's one response from a friend of McHenry County Blog:

You missed a lot of interesting information at the MCC Trustees meeting(s) tonight. Here are some highlights:

In response to a citizen question about why Friends of MCC Foundation Director Joe Like is included in closed sessions, when he is employed by the Foundation itself, Dr. Packard stated that Mr. Like is a paid employee of the college and a member of the President’s cabinet.

The decision to buy the $2600 Apple notebook computers instead of the $8-900 PC's was "curriculum driven."

Maybe, I dunno.

When the slate of new officers was presented it turned out that Donna Kurtz was not contacted and did not have any input into the process, nor could she get Mary Miller who was the nominating chair (and slated for Vice President) to commit when asked to affirm that the new leadership team would be open minded and willing to consider the ideas and views of ALL the Trustees.

Ms. Miller just deflected, by asserting that the whole board was already pretty open and had made some good progress toward being more so. Mr. Lowe (slated President) deflected by keeping his head down.

When she was distracted from an agenda item by a side discussion with Carol Larson, George Lowe impatiently reprimanded Donna Kurtz that she should pay attention sometimes.

When newly seated (literally five minutes before) Student Trustee Tom Kendzie voted “abstain” from a roll call vote on reappointment of the Board Attorney Sandra Kerrick, he was told he couldn’t do that. He voted affirmative on that and the rest of the agenda. (His vote either way did not change the outcome.)

George Lowe prefaced his comments on the same agenda item with comments that it was too late to make any desired changes at this meeting; that they should work on that and get it ready for next year if they wanted to change attorneys.

Oh, and they watered down Donna Kurtz's idea to have OM training for the board, into a request for the State's Attorney to schedule one of their trainings on an MCC Trustees "off-night" so those who wanted to attend could attend and those who did not want to... well you get the drift.

But nothing quite says it all like the irony of going into closed session to discuss the State's Attorney’s filing an Open Meetings violation against them.

On a more positive note, they did a nice job of presenting Katie Claypool with a plaque and her parents were there to celebrate with her. They swore in the new student trustee and senate officers. And they finished all three agenda's by 9 p.m. Not a word about a cell tower.

Anonymous

And, a post script:

I forgot to tell you that there were no barricades as Packard had mentioned in the Herald article that there would be. We were very disappointed.

The new student trustee needs to know that he can abstain on anything he wants to, regardless of what anyone says, unless there is something in the board rules specifically saying abstentions are not allowed. It won't take long for him to see that anti-bullying rules do not apply to board meetings.

Except for the two pictures of the new Venetian blinds, one open from the inside next to Trustee Donna Kurtz and one closed from the outside, the other photos of efforts to cover up the windows occurred at the meeting before the four of us were illegally kicked out of the MCC building.

Labels: Donna Kurtz, George Lowe, Joe LIke, John McGuire, Katie Claypool, Lou Bianchi, Mary Miller, MCC, McHenry County College, Sandy Kerrick, Tom Kendzie, Walt Packard

This is the second article on this suit. Here is the one published yesterday:For the first time while Lou Bianchi has been McHenry County State's Attorney, he has filed suit against a local governmental entity for breaking the Open Meetings Act.

On February 28th four people, myself, Kim Willis, Jane Collins and Iris Bryan, were evicted from the building prior to the end of the meeting, which lasted until well after midnight.

The flow of events cited in the complaint are as follows:

The board went into secret session about 9:30.

“...a short time later, security officers were called to the boardroom where said meeting was taking place to assist in talking with an individual, Cal Skinner, about not taking photographs through the windows of the boardroom while the proceedings were in closed session.

“...shortly thereafter, McHenry County College President (Walt) Packard, called the head of security, Harriet Johnson, and asked her to send a security officer to the boardroom to cover windows for the closed session because Cal Skinner continued to take flash photographs through the window of the proceedings which was purportedly causing a disruption to the closed session. Security then assisted in covering the windows of the boardroom.

“...around approximately 10:00 p.m. Security Officer Daniel Wrobleski and Security Officer William Schultz advised the four citizen, Kimberly Willis, Jane Collins, Cal Skinner, and Iris Bryan, who had been attending the meeting and were standing outside the boardroom waiting for the closed session to end, that it was after 10:00 p.m. And the college was closed to the public, and they would need to leave the building.

“...the four citizens explained to the security officers that a public meeting was in session and they should be allowed to remain. However, the security officers told them that they were following standard operating procedures for security.

“...Officer Schultz stated to the individuals that if they did not leave they would be issued trespassing violations.

“Thereafter, the four individuals were escorted to the exit doors and forced to leave the building...

“As a result of the conduct set forth above, these four individuals and any other member of the public, were denied the right to be in attendance for the duration of the public portion of the meeting after the closed session and until adjournment.

“The MCC Board violated Section 2.01 of the Open Meetings Act (5 ILCS 120/.01) which states

'all meetings required by this act to be public shall be held at specified times and places which are convenient and open to the public.'”

The civil complaint asks that the college board “has violated the Open Meetings Act” and be “enjoin(ed) from future similar violations of the Open Meetings Act” and “order Defendants to make their public meetings open and convenient until the adjournment of the public meeting.”

The assistant state's attorney on the case is Mamie M. Rein

Sounds like a slam dunk to me.

Jane Collins, one of those evicted filed a complaint with the state's attorney's office. I asked her to comment on the suit and here is what she wrote:

"I continue to believe that the selective expulsion of 4 constituent taxpayers from a publicly owned property was not done for security purposes, but to shield the broadcast tower proponents from any further public scrutiny and photographing by Cal Skinner after the closed session concluded."

Here is the reaction of Iris Bryan, who writes the Town Crier:

It is sad that it was necessary to take the issue to legal heights with the need to go through court proceedings when the situation has been resolved by the College, as evidenced by a Board Policy Revision, to be enacted by the Board at its meeting this evening.

As a long-time member of the Society of Professional Journalists, (36 years) I have always felt the need for governing bodies to conduct the public's business in the open, as much as possible. The Illinois Open Meetings Act does state that certain matters MAY be conducted in closed session. Security is one of those and in view of occurrences in other universities; it is understandable that security is a touchy topic.

I was happy to receive a personal apology from College President, Dr. Walter Packard in response to my letter regarding the February 28 incident. I was also delighted to hear apologies issued publicly by Dr. Packard and Trustee Scott Summers on behalf of the Trustees.

As has been stated, the matter serves as a lesson to other governing bodies regarding how they conduct their meetings.

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At the top you can see efforts from inside the board room to keep me from taking pictures of the power point slides that John McQuire was showing the board. You can click on them to see a much bigger image. On the top left is MCC President Walt Packard moving the American flag in front of the window. The head you can see is his. Freedom of Information Officer Pat Kriegermeir can be seen applying opaque plastic to the other window near the American flag. It is the only flash picture I took and, obviously, it did not penetrate the room. You can see other photos in


The photo of the security guards putting up yellow plastic is from that night, as are the two photos of Officer William Schultz telling us we must leave the building. The clock shows the time I walked past it on the way out of the building. The woman taking notes is Iris Bryan. Jane Collins can be seen in the background in the first picture. A head shot of Collins appears next to her comments. Between the two photos of Schultz and Bryan is one of John McGuire, the man making the top secret, hush, hush presentation about radio towers to the MCC Board. The picture would not have been so fuzzy, if I had used a flash. The bottom picture was taken at an early February meeting. It shows McGuire sitting in the center flanked by Mark Saladin and Cindi McDonald. The article from which it was taken is


Articles written about the incident are listed, with links, below:

MCC - One Step Forward, Two Steps Back – Part 1

MCC - One Step Forward, Two Steps Back – Part 2

MCC - One Step Forward, Two Steps Back – Part 3

MCC - One Step Forward, Two Steps Back – Part 4

MCC, the Junior College That Just Keeps on Giving

Labels: Iris Bryan, John McGuire, Lou Bianchi, MCC, McHenry County College, Pat Kriegermeir, Walt Packard, William Schultz

Saying, “I'm sorry,” and changing your security rules wasn't enough to prevent the filing of an Open Meetings violation complaint against the McHenry County College board right before its regular monthly meeting.

Want to have some fun. Attend tonight's 7 PM meeting. I have something more important to do. I'm taking a friend to a Walk to Emmaus at nearby Resurrection Center.

“Egregious“ was the word that First Assistant State's Attorney Tom Carroll used to describe MCC's ouster of four citizens while the board was meeting secretly.

If you would like to see what happened at that meeting, McHenry County Blog's articles can be accessed below:

MCC - One Step Forward, Two Steps Back – Part 1

MCC - One Step Forward, Two Steps Back – Part 2

MCC - One Step Forward, Two Steps Back – Part 3

MCC - One Step Forward, Two Steps Back – Part 4

MCC, the Junior College That Just Keeps on Giving

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McHenry County College Trustee Frances Glosson looks over the revised campus security rules that the board is scheduled to adopt tonight. Below the security guard can be seen being interviewed by Town Crier Editor Iris Bryan after being told we all had to leave the building. You can seen Jane Collins in the background.

Labels: MCC, McHenry County College, Open Meeting Act, Walt Packard

I can't remember the last time I saw a public official walk out of an executive session because he or she thought what was being discussed was not exempted from the Open Meetings Act.

McHenry County College Trustee Scott Summers did it twice at Monday night's Committee of the Whole meeting.

Making it more significant than a layman's walking out, Summers is an attorney.

The only one on the college board.

Summers signaled his displeasure before the board voted to go behind closed doors.

One purpose cited was “the setting of a price of a piece of land (to) purchase or lease or discuss whether a...”

At this point, I couldn't keep up.

“It's Mr. (John) McGuire's proposal we're considering. We're considering acquiring rights of his real estate,” Summers said in open session.

Continuing, “It's an easement in the future. I have my misgivings about being in closed session about it. I shall vote 'No' against going into closed session for this purpose.”

And, he did.

There were two exemption sections cited for the secret meeting: Section 1 and 6. Section 1 apparently has something to with a complaint that has been filed against an employee or legal counsel.

The legal counsel at the meeting was Sandy Kerrick, whose non-competitively bid billing Summers has questioned previously.

"Legal Services" was listed on the agenda during the open meeting, but moved to the closed session for some reason.

So, exiled taxpayers Iris Bryan and I stood in the hall for about an hour and fifteen minutes while the other six citizen-elected and one student-elected board members discussed a lease.

In the public comment period at the beginning of the meeting, I asked that the board require the revelation of all of those having beneficial interests in any future lease. That is the case with anyone selling property to a public body in Illinois.

Of course, I didn't know the board would later be discussing a lease.

The foundation guy came out at 9:24 to get Summers for the second item to be discussed.

Two minutes later Summers was again walking out the board room door.

The meeting ended at 9:44.

I asked Summers why he left the second time.

“It was a a matter concerning litigation that I believe did not fall under the Open Meetings' exemption again,” he replied.

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You can see McHenry County College Trustee Scott Summers leaving the secret MCC meeting on top and returning an hour an fifteen minutes later to stay about two minutes before leaving again. The map at the top was pointed to by both MCC Trustees Scott Summers and George Lowe in their top secret, hush, hush meeting about the tower.

You can see the two power point slides of which I took pictures above as well. Click to enlarge them.

Labels: John McGuire, MCC, McHenry County College, Open Meetings Act, Sandy Kerrick, Scott Summers

The last time I heard the word “bury” used in the same sentence as “stadium,” I think it had to do with Jimmy Hoffa's body.

That was speculation, of course.

I am sure that the only shovels that the McHenry County Board members thought about when they approved the minor league baseball stadium a year ago were those for the groundbreaking ceremony.

Not ones to bury their minor league field of dreams.

McHenry County College Board report #08-83 is fact. It's even posted ahead of time on the college web site.

Listed on the consent calendar, the recommendation from MCC President Walt Packard says,

Termination of Health, Wellness, and Athletic Complex (HWAC) and Stadium Project (emphasis added)

Information:

At the April, 2007 Regular Board Meeting, the Board approved the construction of a $26,000,000 Health, Wellness, and Athletic Complex (HWAC) and stadium, and a “License Agreement for Baseball Stadium,” pending successful completion of authorizations, Planned Unit Development (PUD) approval, zoning from the City of Crystal Lake, and approval from the Illinois Community College Board. The “License Agreement for Baseball Stadium” dated May 24, 2007, was contingent upon zoning approval by the City of Crystal Lake and construction of a stadium by MCC.

At the October 16, 2007, Crystal Lake City Council meeting, the college's zoning petition for the HWAC and baseball stadium was denied.

Recommendation:

It is recommended that the Board of Trustees terminates the HWAC and stadium project, as approved in Board Report #07-48, and declares the “License Agreement for Baseball Stadium” null and void with the other party, McHenry/Lake Professional Baseball Group, LLC. This should in no way be interpreted as terminating the Health, Wellness, and Athletic Complex (HWAC) as identified in 2004Master Plan.

Walter J. Packard
President

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Illustration from Allan Showalter of "Heck of a Guy" blog.

The picture is of Pete Heitman, the only member of the LCC ever identified to the public.

Labels: Allan Showalter, Baseball Stadium, MCC, McHenry County College, Pete Heitman, Walt Packard

This is the second month that the McHenry County College Board Committee of the Whole board packet did not make it onto the MCC web site by the Friday night before the Monday meeting.

Labels: Board Packet, MCC, McHenry County College

Mike Thiessen is the deal maker for Heartland Community College's minor league baseball stadium in Normal, Illinois.

This started out as a “we investors will pay for the stadium” deal, but you can imagine what is happening with public money there.

Hey, if you don't ask, you won't get, right?

“We’re starting to see who has got what interest and what they are willing to bite off in terms of their financial commitment,” Thiessen told Bloomington Pantagraph reporter Randy Reinhardt.

Three leagues are bellying up the bar for this one.

Of course, there's the only one that the McHenry County College board deemed important enough to talk to. That's the Frontier League, for those of you with short memories.

In addition, the Northern League and American Association are interested.

At least the Heartland board is willing to listen to competing offers. MCC President Walt Packard was unwilling to do that.

And the college's president, Jon Astroth, wants the board to decide at its May 6th meeting.

There does not allow a whole lot of public discussion.

Here's a gem from Thiessen about using taxpayer dollars:

”Thiessen called negotiations 'non traditional' because the Town of Normal and Heartland have said the ownership group would have to foot the majority of the expense involved with building a stadium and fielding a team.”

Want to bet that those with a beneficial interest in the baseball team won't be made public?

That's a bad template from McHenry County College that I'll bet catches hold.

While those holding a beneficial interest in land being sold to a public body must all be identified, those signing a lease with a junior college do not have to make public their investors.

They should and can be forced to by a college board, should the board have public disclosure as one of it operating tenants.

McHenry County College does not. All of the investors, except Frontier League baseball promoter Pete Heitman, remain unknown in the Crystal Lake proposal.

In other news, McHenry County College President Packard announced last month that the board would kill its baseball stadium proposal at next Thursday's meetings. Too much public opposition.
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The elevation of a baseball stadium comes from drawings Mark Houser's Equity One. The firm received a no-bid contract to do a feasibility study, which was severely panned by Economics Research Associates, the firm that grew out of people who designed Disneyland and went on to design the other Disney theme parks. Then, the MCC asked for a re-do. The MCC board even gave Houser the authority to pick the vendors to do the work on the stadium. That was a way to hide what vendors were getting how many tax dollars. Not a lot of baseball stadium transparency in McHenry County for the $10 million, plus interest, that Heitman and Houser wanted the taxpayers to guarantee. A Northwest Herald columnist comments on the risk to taxpayers. But, no referendum needed. MCC planned to sell debt certificates. Who's stuck if the minor league baseball flops? The taxpayers, of course. Or the students with higher tuition. Houser is on the left, Heitman on the right.

Labels: Baseball Stadium, Equity One, Heartland Community College, Jon Astroth, Mark Houser, MCC, McHenry County College, Mike Thiessen, Pete Heitman, Walt Packard