Grafton Township at odds with possible referendum

HUNTLEY – Although one trustee said he wanted to end the “soap opera” revolving around Grafton Township’s controversial town hall, the drama doesn’t look as though it’s going to come to a close anytime soon.

Township Supervisor Linda Moore sought approval during Thursday night’s meeting to go to referendum with the $3.5 million project, but the board disagreed. Trustee Rob LaPorta said the board as a whole was against a referendum and always had been.

“One of the reasons we did not go to referendum to begin with is that it would have a much higher direct tax increase possibility,” LaPorta said.

Since the project went to litigation this spring, the township has spent about $15,000 on attorney’s fees, LaPorta said.

And although both sides seem to want to squash the court battle, their continual differences might make that more difficult.

“The trustees have continuously fought any effort of the Grafton Township electors to take this matter to referendum,” said Jim Bishop, the attorney for a group of residents suing the township, which had included Moore before she took office.

“It was Linda Moore’s position that the board vote on that issue, when it can be placed before the entire electorate of Grafton Township,” Bishop added. “That would also be without question the cheapest way to handle it, to avoid all this contentious litigation that’s going on.”

Despite the 109 registered voters who have signed a petition to request a referendum, Moore might continue to face obstacles in getting the project onto the February 2010 ballot.

That’s because Grafton Township must ask residents at a town meeting for permission to build a township hall, according to an oral and written court order by McHenry County Judge Michael Caldwell, who recently granted a second preliminary injunction on the project.

“This is something that must be authorized by the township electors,” Caldwell said during his May ruling.

However, Bishop said, that can be interpreted in two ways: either before the electors at a meeting, or by a petition of 25 or more electors to put it onto the ballot.

“[Caldwell] said it needs to go to the electors,” Moore said, adding that she would follow the guidance of the township’s newly appointed attorney, Joseph Gottemoller.

Attorney Jim Kelly formerly represented the township but was terminated May 18, Moore said.

“We talked about [the referendum] as a board, and the township clerk said that she needs to consult with our township attorney and have him review the petition,” Moore said. “With the consent of our attorney, she would be willing to file it.”

In addition to the referendum petition, Moore also will seek legal advice on whether to pay about $140,000 that’s due July 1 on the loan for the new building.

“We’re kind of in a catch-22 situation,” Moore said. “If I make the loan payment, we’ll be going against the injunction. If I don’t, we’ll be in default of the loan.”

LaPorta said he and the other trustees were in favor of applying for new grant money that might be available to pay for half the interest of the building’s loan in the future.

“This [grant] is earmarked for new buildings in government,” LaPorta said. “Once this thing gets out of litigation, that would be the trustees’ recommendation to go after that.”