A rude caller wasn't the culprit. The battery on his cell phone died.
The constant ringing of his portable phone the day after the Vermillion City Council decided not to extend Crawford Road south to Burbank Road finally took its toll.
He had to replace the battery to keep receiving a steady stream of calls.
"Everybody and their dog has been calling me," he said.
The calls are a sign that people are wondering what his next step may be. Hertz said he plans to visit an attorney, not to take the city to court, but to draft a petition to refer Monday's city council decision to a public vote.
Hertz will have 20 days from the time the city publishes the minutes of Monday's council meeting in the April 14 Plain Talk to gather the signatures of 5 percent of the city's 5,602 registered voters.
That means Hertz must file petitions with at least 280 valid signatures by 5 p.m. May 5.
He believes it will be an easy task, especially after the positive feedback he began receiving almost immediately after the council's decision.
"The best thing is to get the road in, and I think all of the supporters of the project want to see the city take action and get Crawford put in," he said, "so I don't think it will be any big deal to get a petition put together and get it signed."
Hertz said he is disappointed by the city council because they failed to review any of the information provided to them by the planning commission and their own city staff.
"They solely based their decision on the opinions of a few people who called them," he said. "They didn't look at any of the facts."
Hertz recalled how the city council needs to act like a general contractor for the community. "And they admitted before I got up to speak that they had no one up there that has any planning experience.
"If you don' t have any planning experience," he added, "you should rely on people who do have the experience, which is your city staff, the people you hire to do the studies and the planning commission."