New Low for Village Officials - Attempted ouster of ZBA Chairman Tom Nelson
On the evening of Friday, September 21, as village residents gathered on the Memorial Building lawn for former Monkey Davey Jones's concert, village officials disseminated an unprecedented and stinging indictment of a village volunteer via the e-Hinsdale electronic newsletter. Attached to the bulletin, normally reserved for updates on community events and meeting schedules, was a press release announcing that at its Tuesday, Oct. 2nd meeting, the Village Board of Trustees will consider scheduling a public hearing to remove the Chairman of the ZBA, long-time village resident and attorney Tom Nelson.
According to the press release, "repeated inquiries from concerned residents who are confused by Chairman Nelson’s failure to follow the Village Code and are upset at the legal fees the ZBA ran up on the tab of Hinsdale taxpayers as a result of Chairman Nelson’s unfounded refusal to conduct ZBA proceedings in accordance with the Village Code," prompted President Woerner and the Village Board to initiate removal proceedings against Nelson.
Nelson undeservedly blamed for village's high legal expenses
The ZBA is comprised of resident volunteers including 3 attorneys, who donate their time and legal expertise. In 2006 meeting expenses for the ZBA, largely paper and printing costs, averaged $200 per month. On the order of DuPage County Circuit Court Judge Kenneth Popejoy, the village board approved a $10,000 capped expenditure for the ZBA's independent legal counsel in the Hinsdale Club case, in which trustees sued the ZBA and residents who petitioned it to review the hotel and condominium complex's compliance with the zoning code. In stark contrast, since President Woerner took office in 2005, village officials have spent hundreds of thousands on legal fees, mainly for the services of two attorneys: Kenneth Florey and Mark Ruffalo. [See future Hinsdale Monitor for breakdown of village's legal expenses and other consultants' fees.]
"A man of the highest integrity"
A retired international partner at Baker Mackenzie, founding member of the Hinsdale Hawks soccer club, and past member of the Hinsdale Public Library Board, Mr. Nelson has brought a wealth of legal expertise and a strong background of community service to his position as ZBA leader. Those who have worked closely with him are appalled at village officials' accusations. Fellow ZBA member Kim Angelo stated: "I don't think anyone in the village, including staff attorneys, has near the depth of knowledge of the Hinsdale zoning code that Tom possesses. After serving on the ZBA with Tom for over two years I can say without qualification that he is a man of the highest integrity. In addition, his willingness to share his knowledge and understanding is more than generous."
ZBA helped defeat Garfield project
ZBA Chairman and the Zoning Board of Appeals helped village officials reverse course on the flawed and illegal Garfield development at First and Garfield Streets, which violated village regulations and would have mired taxpayers with the financial obligation of maintaining the ill-conceived structure. The ZBA's decision was upheld and affirmed by DuPage Circuit Court Judge Bonnie Wheaton. In recent months, the ZBA's refusal to rubber stamp both private and commercial zoning modifications which did not conform to the Code and willingness to hear residents' grievances against the Hinsdale Club, provoked the ire of some village officials. On June 5 Trustee Vic Orler's motion to start the process of changing the ZBA to a strictly advisory body could not garner support from other Trustees after residents and Trustees Mike Smith and Tom Cauley voiced strong objections to the proposed change.
The aggressive attack on Tom Nelson, a highly competent and dedicated volunteer, is further evidence of some Village officials attempt to concentrate power within the Village Board and away from residents and the ZBA, which ensures the fair and consistent application of the Village Zoning Code. Such vindictive political machinations are indeed a new low for Hinsdale government.
Attend the Board Meeting tonight, Tuesday, Oct. 2, at the Memorial Hall, 7p.m.
Please attend the Hinsdale Trustees Meeting to night to voice your support for Mr. Nelson and the ZBA.