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A First-Timer's Guide: Dealing with Rezoning Issues in McHenry County

The County Board Vote - The Final Decision

bulletFirst, realize that the petitioner now has the opportunity to sit on his petition or forward it to the County Board for a vote, at his leisure. It is up to him to put it on the County Board's voting agenda, and they may want to play a waiting game to see if you will become disinterested and go away.
bulletSomeone must call the County Board office every month and check to see if your petition has been put on the voting agenda. The voting meetings are public and are held on the 3rd Tuesday of every month at the Government Center in Woodstock.
bulletThe very best action your group can take at the County Board level is to have an official petition of objection drawn up. The law states that if owner(s) of land immediately touching or across a street, alley or public right-of-way from at least 20% of the perimeter of the land to be rezoned sign the petition of objection in front of a notary and file it with the County Board, any zoning amendment would require a 3/4 super majority vote to pass. You will then only need 7 opposing votes to win. Copies of the signed and notarized petition must be sent by certified mail to the petitioner, his lawyer, and the trustees of land that is in trust ownership. The return receipts for the certified mail must be turned in with the original copy of this special petition 24 hours before the vote. Be wise and get this ready as soon as possible. We did not mail the copies out until we knew the petition was on the voting agenda (6 months after the ZBA vote), as we wanted to keep the petitioner and his lawyer off guard, but this can be a very dangerous game because of the mail. We almost didn't get our return receipts back in time due to a holiday, so I don't think that waiting to file this special petition is a good idea.
bulletIf the petition is not on the voting agenda, organize people from your group to come and speak at the County Board "Public Participation" part of the meeting. You must sign-in and indicate you wish to speak. You will be allowed 3 minutes. Be sure to mention the petition # and have people talk about the different issues. You can do this at every meeting you are not on the voting agenda.

The reason you need to do this is to educate the Board members about your issues. For example, the testimony from our ZBA hearings was over 400 pages long. That testimony was then summarized - fairly, I'm sure, by a "Zoning Board Coordinator" into 3 pages. That 3 pages is the only information the County Board receives when the petition is put on their voting agenda, so you definitely need to educate them.
bulletWhen you petition has finally been put on the voting agenda, you need to put as much pressure as possible on the Board Members - you can believe the petitioner and his lawyer are doing the same. Xerox a letter to all your people alerting them that the final vote is within the next few weeks. Include a list of the County Board members' names, addresses, and phone numbers and urge everyone to call them and/or to write a letter of opposition. The Board members have said that they like to "talk to their constituents", so call - call - call. Others can write letters and address it to the Board office; include a note asking that a copy be put in each Board Member's office mailbox. Letters must include your name and address or they won't be distributed.
bulletFinally, a few days before the vote, call your members and ask them to keep your members informed - a short update note will help to keep them involved so that when the final vote comes up you will be able to rally their support.
 

 

Environmental Defenders of McHenry County n 124 Cass Street, Suite 3 n Woodstock, Illinois 60098
815-338-0393 n  mcdef@owc.net