BLACKHAWKS COMMEMORATIVE POSTER INSIDE T h u r s d a y, J u n e 1 8 , 2 0 1 5 • $ 1 . 0 0
NORTHWEST
HERALD NWHerald.com
THE ONLY DAILY NEWSPAPER PUBLISHED IN McHENRY COUNTY
HIGH
78 54 LOW
Forecast on page A8
Facebook.com/NWHerald
@NWHerald
Goals COURT COSTS ADD UP for task Financial obligations for McHenry County force set defendants balloon PENDING LAWSUIT DEALS WITH CRIMINAL JUSTICE DEBT
with variety of fees
5-person group to focus on township consolidation By KEVIN P. CRAVER kcraver@shawmedia.com WOODSTOCK – A five-member task force will be assigned the duty of devising a plan by which township consolidation referendums can be placed on the 2016 ballot. McHenry County Board Chairman Joe Gottemoller announced his decision to put the mechanics of the effort in the hands of a task force at the start of Tuesday evening’s meeting. The group will have two goals – create a resolution for the County Board to vote on, and present a proposed consolidation map. A citizens’ group, backed by several local Republican officials, is seeking to put referendums to voters in the March primary to consolidate the number of county townships from 17 to eight. The task force will consist of five members – three from the County Board, one local township supervisor, and a representative from McHenry County Citizens for Township Consolidation, which is spearheading the effort. Gottemoller, R-Crystal Lake, said a task force will allow both sides in the debate – townships opposing consolidation and those supporting it – to have a say in the process. “Ultimately for me, it was a decision to make certain that the petitioners and the townships had a seat at the table, and they don’t get to be at the table if it’s a
Story by CHELSEA McDOUGALL cmcdougall@shawmedia.com Tom Venezio tends to drive a little too fast. His lead foot caught up with him in January 2014, when Bull Valley police issued him a speeding ticket for driving 47 mph in a 35 mph zone. Venezio appeared in McHenry County Court, pleaded guilty to the charge, and a judge ordered him to pay a $50 fine. When Venezio – like most defendants convicted of their crimes – headed to the circuit clerk’s cashier window, he was shocked to find that once other court costs were added, his $50 fine ballooned to $250. “It was a surprise,” said Venezio, 46, a real estate agent from Crystal Lake. “… They can charge you anything they want, and there’s no rhyme or reason to it. “I thought it was excessive.” In Venezio’s case, the court costs were five times the amount of the judge’s punishment. On their own, the additional court costs were small, but they added up quickly. Circuit clerk fee: $10; court security fee: $25; court document fee: $15; Bull Valley attorney fee: $25; and more. Some of the charges on Venezio’s bill made sense. The circuit clerk processed him. He walked through the courthouse security checkpoint. Money also was paid to the municipality who wrote him the ticket. “The purpose of [court costs] is so the users of the court system are paying to support the court system, rather than the taxpayer who’s never stepped foot in the courthouse in their entire life,” Circuit Clerk Kathy Keefe said. However, some of the other costs are less clear and had nothing to do with Venezio’s speeding ticket. He paid $5 to the drug court and another $10 to the mental health court, even though he never participated in either program. A $13 fee was tacked on to his speeding ticket for the Child Advocacy Center, which conducts interviews with child victims of sexual and physical abuse. A $20 surcharge was added simply because he was issued a $50 fine. (That convoluted surcharge levies an additional charge on
Online To see a breakdown of court costs for a $250 ticket, visit NWHerald.com. every court-ordered fine.) It’s important to note a legal distinction. Illinois courts have defined fees as the costs used to recoup the expenses of the incurred by the state for prosecuting these crimes. Fines, on the other hand, are penalties or punishments meted out by the judge. The clerk is authorized under state statute and by the County Board to levy these costs. However, in recent decisions, the Illinois Appellate Court has held if the “fee” has nothing to do with one’s case or charges, it is, in fact, a “fine.” Fines cannot be assessed by a clerk, and are, therefore, void. In an effort to make the court costs a bit clearer, McHenry County began rolling out electronic sentencing orders that are signed by a judge and handed to defendants before they leave the courtroom. In the past, they’d meet the cashier at the clerk’s
See COURT COSTS, page A6
McHenry County Board committee,” Gottemoller said Wednesday morning. The consolidation group announced in late March that it would ask the County Board for binding referendums to consolidate townships. State law allows a county board w i t h t o w n ships to put a conJoe Gottemoller s o l i d a tion plan to voters, as long as no proposed township’s boundary exceeds 126 square miles. Voters in each proposed new township would have to approve their particular proposed consolidations. Townships under Illinois law have three statutory functions – property assessment, road maintenance and general assistance for constituents in need – but many have added services such as senior transportation, food banks and local programs. While supporters of townships call them vital and the most direct and responsive government that taxpayers have, opponents call them unnecessary anachronisms that are rife with nepotism and patronage. Likewise, supporters of consolidation allege that it will bring cost savings to taxpayers, although they have yet to substantiate whether
See TASK FORCE, page A6
Cary Village Board adopts affordable housing plan Trustees voice discontent with state’s method By ALLISON GOODRICH agoodrich@shawmedia.com CARY – The Village Board adopted an affordable housing plan Tuesday, complying with the state but also countering the state’s method in determining a formula. The issue was first raised in May when staff notified the Village Board that it need-
ed to form a plan addressing the shortfall of 181 affordable units, as determined by the Illinois Housing Development Authority, administrator of the Affordable Housing and Appeals Act of 2003. At that point, some of the trustees took issue with the state’s method to determine the number of owner-occupied affordable units per community. Trustee Jim Cosler has argued Cary is over the 10 percent affordable housing threshold, but that the state’s method is flawed, using the median real estate tax values as opposed to “realistic” tax figures.
“I just voted ‘no’ as a matter of principle because I feel we already meet the 10 percent limit, so therefore shouldn’t have to submit a plan.” Jim Cosler Cary trustee Previously, trustees generally agreed that if a plan needed to be submitted, it should include that the village believes it already meets the state standard. The adopted plan includes the elements needed to comply with IHDA rules, the intent to focus on senior hous-
ing for future developments, and certain incentives the village is willing to provide. However, it also includes calculations countering the state’s, and under the village’s calculations, Community Development Director Brian Simmons said the village would fall above the
state benchmark. “Per IHDA’s calculations, there are a total of 407 affordable units [in Cary],” Simmons said. “With our revised calculations, staff is proposing we have 718 units, which includes the 60 that have already been approved for the Garden Place apartment complex.” While the IHDA informed Cary it fell short with 6.9 percent affordable housing, the village’s counter method, using “actual” real estate taxes instead of median real estate taxes, gives the village 12.2 percent. Only communities that fell below 10 percent, according to the state, were
INSIDE
SPORTS
LOCAL NEWS
WHERE IT’S AT
Beatles Blast
Colleges calling
D-155 debate
Event at The Cottage in Crystal Lake to feature six bands, mural / Play
Recruiting ramps up for Jacobs junior forward Cameron Krutwig / C1
School board weighs proposal to eliminate class rank / A3
Advice ................................ C6 Buzz.....................................C8 Classified............ D1-8, 10-12 Comics ............................... C7 Community ........................B1 Local News.....................A2-7 Lottery................................ A2 Nation&World...............B3-4
deemed “nonexempt” and were required to form a plan. Cary’s plan was adopted by a 4-2 vote. Trustees Dave Chapman, Ellen McAlpine, Kim Covelli and Village President Mark Kownick voted in favor, while Trustees Jeffery Kraus and Cosler voted against it. “I am happy with what’s been included in the plan, and I was satisfied with Brian Simmons’ work on the issue,” Cosler said Wednesday. “I just voted ‘no’ as a matter of principle because I feel we already meet the 10 percent limit, so therefore shouldn’t have to submit a plan.”
Obituaries ......................... A7 Opinion...............................B2 Puzzles ........................... D8-9 Sports..............................C1-5 State ................................... B3 Stocks................................. A7 TV listings .........................D9 Weather .............................A8