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Ju ly 8, 2015 • $1 .0 0
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DESSERT ON-THE-GO Gorp provides a sweet treat for a summer picnic / D1
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Density at issue with CL project Developer hopes to save ‘dead development’ By EMILY K. COLEMAN ecoleman@shawmedia.com
Matthew Apgar – mapgar@shawmedia.com
Vehicles that have been towed are parked June 26 on the lot at Whitey’s Towing in Crystal Lake. Some vehicles have remained unclaimed on the lot for several months.
Illinois appellate court raises questions about fines By EMILY K. COLEMAN
S
ecoleman@shawmedia.com
ome municipalities are taking another look at a fee they use to recoup the costs of impounding a vehicle and taking its driver to court. The considerations aren’t being rushed; the appellate court whose comments prompted the rethinking is downstate, and the opinion isn’t binding. In 2007, Lake in the Hills became the first McHenry County municipality to issue an administrative impound fee, which is billed to drivers when they’re cited in connection with driving under the influence, driving with a suspended or revoked license, an outstanding warrant or other charges that result in the vehicle being impounded. Since then, at least 17 police departments in McHenry County have adopted the fees, which most municipalities have set at $500. The fee is separate from any towing charges or court fines. The village of Cary came to the $500 number through a study that looked at the time employees spent on processing such incidents, including the officers’ time on the streets conducting the stop and waiting for the tow truck to arrive and the records department employees who
“My issue here is it’s got to be reasonable. That’s the whole bottom line here. It’s got to be reasonable. In the environment right now, where budgets are being cut pretty significantly, there’s got to be a way to way to fund these activities [of impounding vehicles]. And why should everyone else have to pay for it when it’s an individual that’s responsible?” Patrick Finlon, Cary Police Chief
By the numbers
36,000
The Cary police department has collected about $36,000 each of the last two fiscal years, records show.
have to complete the paperwork, Cary Police Chief Patrick Finlon said. The department has collected about $36,000 each of the last two fiscal years, records show. The Fifth District Appellate Court, which covers the lower third of the state, questioned what costs should go into determining the price tag for impound fees, said Brad Stewart, a municipal law attorney with Zukowski, Rogers,
Flood and McArdle. The comments – that because impound fees are based on criminal actions, the fees must relate to the expense of impounding the vehicle, not to the department’s general expenses – came in the opinion’s dictum as opposed to its holding, which means that while lower courts in the appellate court’s district are likely to take note, they’re not binding, Stewart said. Tow fees also had been addressed in an earlier decision by a different appellate court, which found the fees to be a “reasonable proxy” for administrative costs as well as societal costs, according to an article Stewart wrote for the firm’s clients and other subscribers to their weekly law bulletin.
See FEES, page A8
Voice your opinion: What do you think of the $500 fee many municipalities charge when a vehicle is impounded? Vote online at NWHerald.com.
CRYSTAL LAKE – The housing market isn’t what it was when the Bryn Mawr subdivision was approved in 2004. Only the first phase of the project – 90 single-family homes on 20,000 square-foot lots – was constructed, and the other section fell into default and the homes never built. Now, one of the original developers of the site, Ken Rawson, is back in front of the Crystal Lake City Council, trying to gauge interest in a new, much denser proposal that would include single-family homes closer to the existing homes and townhomes on the other side. “We know there’s no market for half-acre lots,” Rawson said, adding that the “sweet spot” seems to be a zoning that falls between denser multifamily units and townhomes and the larger lots that mark the upscale Bryn Mawr neighborhood. The concept plan takes advantage of an ordinance the city passed in 2009 designed to give leeway to developers that take conservation into consideration in their designs, keeping at least 40 percent of the site open and protecting existing natural resources to the greatest extent possible while giving them a different density formula to work with, according to council documents. The new design – which has not been submitted to the city for formal consideration, although Rawson said he plans on submitting one “right away” – would take the property from a potential 331 single-family homes on 20,000 square-acre lots to a combined 527 units, 323 single-family homes and 34 townhomes with six units each. Rawson said he expects those numbers to come down. But the density caused concerns for the council.
See COUNCIL, page A7
Judge bars full state worker pay without Illinois budget Up to 65,000 could be without paycheck By SARA BURNETT The Associated Press CHICAGO – Illinois won’t be allowed to pay state workers in full during an ongoing budget impasse, a Cook County judge ruled Tuesday, potentially leaving about 65,000 employees without a paycheck and putting added pressure on lawmakers to approve a new spending plan. Judge Diane Larsen said that without a 2016 budget in place, Illinois Comptroller
Leslie Munger may only pay some workers who are covered under a federal labor law. Those workers would receive the federal minimum wage of $7.25 an hour plus overtime. But Munger’s attorneys and lawyers for the state’s personnel agency said it would take as long as a year to determine which employees would be paid under federal law and adjust payroll because of antiquated computer systems. That effectively means no workers will be paid until Republican
Gov. Bruce Rauner and Democrats who control the Legislature approve a budget, the comptroller’s attorneys said. It’s also likely to trigger federal fines and penalties. Larsen’s ruling likely won’t be the final word. Munger and the leader of the state’s largest public-employee union separately said they plan to appeal, and Rauner directed the state personnel department to do the same. Thirteen labor unions representing state employees also have filed a lawsuit in St. Clair County seeking full pay. A hearing in that case could occur this week.
“Public service workers in state government are on the job despite the lack of a state budget for the fiscal year that started July 1,” said Roberta Lynch, executive director of American Federation of State, County and Municipal Employees Council 31. “Throughout Illinois they are keeping their communities safe, protecting kids, caring for veterans and people with disabilities, and providing countless other vital public services – and they should be paid for their work on time and in full.”
See PAY, page A8
AP file photo
Gov. Bruce Rauner speaks at a news conference March 20 in Chicago. Cook County Judge Diane Joan Larsen ruled Tuesday that Illinois Comptroller Leslie Munger may pay only some workers who are covered under a federal law.
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Graduation day
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McHenry County Sheriff’s Office Volunteer Academy graduates 4 Tuesday / A3
Marian Central DT Gavin Dineen focused on, off field in final season / C1
Cowlin promoted to McHenry County circuit judge / A3
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