Due to time restrictions on the meeting room at Countryside School, the Zoning Board of Appeals only managed to hear from a few residents last night during the public hearing on the latest Anderson horse boarding text amendment proposal. The public hearing process will continue tonight beginning at 7:30 PM at Countryside for those residents who did not speak or couldn’t attend last night’s session.
Zoning Board public hearing continues tonight
December 3, 2014 by Barrington Hills Observer
This is our chance, once again to be heard. But the question is, when will the majority of residents be listened to??? And they’re property rights protected??
It looks like Ms. Freeman and her LeCompte team care not one wit about the legal fees the Village will have to pay to overturn this nonsense. Can we bill her directly? BL too? I see that they really want to go there, even with all that they have to hide. Shakespearean.
I just sent the following note to the ZBA and the BOT and to the Clerk. I doubt they will change their allegiances, but at least we are making a record. As for the costs to the Village, I asked the Village President to investigate removing those officials who knowingly put the Village at Financial risk from the protection of the Village E&O insurance, and encourage that they are held responsible for their reckless actions. Like other civil litigation, reckless, wilful and wanton behavior that results in punitive damages in most frequently covered by insurance – the party has to pay the piper, and nothing would be more appropriate than to force those ‘officials’ who are putting the Village at financial risk to pay for the damages that they create.
To the ZBA members and the BOT
Last night’s Public Hearing was quire informative, revealing, and productive.
Here are some facts/testimony adduced that would make it imprudent for the ZBA to recommend the Andersen 2 TA to the BOT. (My opinions are in parentheses)
1. Tax assessor says any increase in Ag assessment will increase the Tax $$$$ burden to residential property owners.
2. Building dept Inspector Shuman says retroactive ordinance change to 2006 opens village up to complaints and litigation of all residents / taxpayers who have complied during the interval of 8.5 years.
3. Inspector says Andersen 2 TA nearly impossible to enforce, no way to know how many horses are boarded horses v. owned horses.and that the best way to provide for enforcement of commercial horse boarding is the SPECIAL USE PERMIT.
4. Assessor, Land Planner, Kosin, never heard of a ‘retroactive affecting ordinance – no precedent. (only reason this is being done is to favor one party in litigation.)
5. Of course, Matt Yetarian, past president of RCBH, made the statement at an earlier public meeting that “we have to make LeCompte Legal”. That is the obvious reason for the retroactive clause. ( Perhaps a payback for use of he polo field for the polo club and parking for the FVPC. More evidence of conflict of interest and bias by the ZBA. As a member of the RCBH, I’ve never been asked my opinions on this TA.
6. BuildingInspector testimony that the language of the TA is poor, many ambiguities, indeed, he agreed with a resident’s question that the proper reading of the TA was that there were now no requirements for permits, even though the FAR specifications on this TA were now flip-flopped, allowing a barn and/ or arena larger than any residence on the property. ( With so many deficiencies, the Andersen 2 TA will have to be amended to become Andersen 3, and then we will have the pleasure of more public hearings In other words, when you try to correct the deficiencies, new public hearings must take place. And think about it, this change in FAR will change the ‘characer of this residential village.)
7. The Planner testified that the comprehensive plan intended for horse boarding, but the discussion and ZBA and RCBH commenters keep failing to acknowledge that horse boarding is allowed by HOO and not in jeopardy.
8. The TA limits resident’s rights and protections afforded by the HOO and favors one private party (lecompte) in litigation, and is doomed to be reversed when it is challenged if it is passed in its present form to become an Ordinance . Lawyers interviewed for the Village Attorney position expressed this opinion.
9. When that happens, the saga of the “shuman letter” – which he didn’t draft and he didn’t sign – was closely followed by the donation of $5,000 each to Messer Selman and Meroini, who, at the request of LeCompte, failed to report the donation accurately. (what does that look like to you?!) Just as Messer, Meroni and Selman had to raise their right hand and take an oath to tell the truth at the Election Board Hearing, they will too have to raise their right hand when deposed in subsequent challenge litigation against the Village for passing an Ordinance “that makes LeCompte Legal.” (It doesn’t take a law degree to conclude that this is a reckless and dangerous action that will PUT THE VILLAGE AT RISK.)
10. It is so patently obvious that Freeman, Anderson, Rosene, and Benkendorf are conflicted and biased and acting against the interest of the Village. (I’m not stating this as an opinion; any reasonable person would find them to have a Conflict of Interest).
11. Indeed, the Law Firms invited to interview for the Village Attorney publicly stated that the Village administration should not take action in favor of one party in litigation, and that the Judges looking at such action will recognize that it is biased and conflicted.
12. If that happens, that is, if the BOT passes an Ordinance adopting the Andersen 2 Text Amendment, then each of you (ZBA and BOT) will have to raise your right hand, take an oath, and explain your actions. I’m sure the defeated past president Abboud will have to do so as well! He wouldn’t answer any questions when he was in office; he will have to do so at the Order of a Judge)
13. Perhaps the most exciting part of the evening is when Attorney Burney asked Shuman if he indeed was the author of the Shuman letter declaring LeCompte in compliance with HOO. You could hear a pin drop? Freeman, Rosene, and Andersen became visibly agitated, and were struggling with suggestions to the ZBA lawyer to stop the interrogation, stating that it wasn’t relevant to the TA. However, it is relevant, since the TA provides for a retroactive provision (“to make LeCompte legal” (Yetarian)). The next time Shuman takes an oath and gives testimony about the events of the “Shuman letter”, he wont’ have a gallery of conflicted ZBA members trying to stop the questioning.
In a perfect world, the conflicted ZBA would stop this reckless, dangerous, and damaging TA. The written comments of the residents as well as the public comments are overwhelming against this TA in its present form. The same response was adduced in 2011 when the same special interest group was pushing for special privileges of equestrians at the of the majority of the residents of the Village (~90%) who are not equestrians, The Andersen 2 TA violates and diminishes our protections and rights according to the HOO. It only benefits RCBH residents, and of course non-residents who board horses in the Village.
Dont’ suggest I don’t like horses or open spaces.! I wouldn’t have moved here and invested substantial $$$ in my property and built a home here. Ive been a member of the RCBH, a Judge at the Horse events, attended Sunny Sundays, and even offered my home for RCBH social events. I do like horses, but i do believe that the majority of the Village should suffer unfavorable ordinances forced upon us by an extreme minority of conflicted biased residents who have a special interest (“make LeCompte Legal).
If you had put as much effort in using the existing ordinances (HOO and Special Use Permit), you probably could have approval of all of the ‘big barns’ that board horses in the Village. Instead of writing new legislation, use the existing legislation, and don’t try to fix something that isn’t broken.
ZBA and BOT members – the above represents facts, and the ‘record’. It is not going to go away. Please re-consider your loyalties to a few and act diligently in the interest of the majority of the Village. Forget about “making LeComnpte Legal:( besides, several sources indicate he is selling his property and moving out of State – the only statement in this note that is based on rumor.
James T. O’Donnell
Resident/Land Owner / Taxpayer of Barrington Hills
Ridgecroft Lane
847 769 2843
(not the former Plan Commissioner)
Jim,
Thank you for all that you do for this village. As a member of the BHRC, I would watch any drinks or food that they offer to you. (just kidding) You have more guts than I have, because behind those smiles you receive, they wish for you’re immediate and painful demise. You are one stand up guy!
More than stand up you are dead on. Why cant the others in this village see what is being forced down their throats? As you point out their fix won’t work long term, because I am sure that we the village, will get involved in a nasty prolonged law suite that will cost us a small treasure. They will lose and perhaps federal law enforcement will get involved.
The prince of polo will eventually sell the land to a developer and houses will ensue.
Thanks again for your thoughts and actions.