In the summer of 2014 when the then Zoning Board of Appeals was considering four proposals for amending commercial horse boarding codes, we pointed out how four members of the board at that time had potential conflicts of interest (see “Conflicted”), particularly since one of the proposals was from a private riding club to which the four belonged.
However, what we were unaware of at that time is that an attorney on the Zoning Board, for which the current commercial boarding code was named, has been preparing IRS tax filings for the Riding Club of Barrington Hills since at least 2004. In fact, just a month before the Riding Club submitted their proposal in June of 2014, this Zoning Board member prepared the 2013 IRS form 990 for the Riding Club as seen below:
A complete copy of the 2013 Riding Club tax return can be viewed here, and historic returns dating back to 2004, including the most recent one filed this year, can be accessed by clicking here (once you access the site, click on the “Tax Documents” tab to view all available filed returns).
Had we been aware of this professional business relationship at the time the Zoning Board was considering adopting new horse boarding code, we would have made residents aware. This appointed official did not volunteer this information for consideration by the board or counsel before or during the proceedings.
We believe this may be one more reason for the Board of Trustees to concur with the current Zoning Board of Appeals recommendation and vote in favor of repealing the Anderson II codes. At least then, the current Zoning Board members can begin with a clean slate.
-The Observer
BHO reveals that Anderson II’s author failed to recuse or acknowledge his now exposed business conflicts with the Barrington Hills Riding Club. Of additional interest, Mr. Anderson’s term was already expired at the time of the 2014 vote. However, he refused to vacate his Membership when the Abboud controlled BOT refused to accept any of President McLaughlin’s ZBA appointees.
Anderson II includes a 7 year retroactive provision in order to explicitly favor Oakwood Farms in pending litigation. This law promotes commercial boarding expanding the ability of a 5 acre property to build a 10,000+ square foot barn and 6AM to 9PM, 7 day per week commercial traffic while eliminating neighbor rights under Home Occupation. Anderson II allows for any 5 acre property to board 10 horses each, clearly of economic benefit to the Riding Club.
Wasn’t Mr. Kurt Anderson “Of Counsel” to former Trustee Messer’s firm?
Perhaps any readers of this blog who are attorneys might want to consider their obligations under “Himmel”, if any. (http://www.americanbar.org/content/dam/aba/migrated/cpr/pubs/robinson.authcheckdam.pdf).
That list might include Mr. David Stieper, Mr. Joseph Messer and Mr. John Pappas – they all probably read this blog.
When is the next VBH BOT meeting scheduled? Is it earlier this month due to holiday?
Thursday, 11/17 at 6:30.
I thought board members took an oath before they were allowed to sit at the grownup’s table and had to complete Open Meetings Act training. Guess that’s lost on some…
WOW! And Anderson accused me of having a conflict of interest at a recent ZBA meeting and thereafter before the ARDC. Thanks BHO this information will be very useful . . .
Is it possible that both sides have conflicts?
MEETING MINUTES
Village of Barrington Hills – IL Rte. 62
IDOT Meeting
Agency Name: Village of Barrington Hills
Project & Topic: IL Rte. 62
Date: January 31, 2014
Time: 10:00 AM
Location: Illinois Department of Transportation District 1
Fourth Floor Executive Conference Room
Schaumburg, Illinois
Attendees: John Fortmann, IDOT
Chris Holt, IDOT
Alex Househ, IDOT
Marilin Solomon, IDOT
Brian Carlson, IDOT
Chalen Daigle, McHenry County
Thomas Rickert, Kane County
Peter Stresino, IDOT
Steve Travia, IDOT
Lisa Heaven-Baum, IDOT
Bob Hamilton, GHA
Martin McLaughlin, VBH Village President
Patty Meroni, VBH Chair Roads & Bridges
Robert Kosin, VBH Director of Administration
Dan Strahan, GHA
Cory Jucius, IDOT
Marnie Mooghkirk, IDOT
Jason Salley, IDOT
Meeting Purpose
The Village of Barrington Hills requested a meeting with IDOT to discuss the potential future widening
of IL Rte. 62 between IL Rte. 68 and IL Rte. 25.
Discussion Items
1. Dan Strahan explained that in December 2013 and January 2014, the Village of Barrington Hills
had hosted two resident meetings to facilitate communications regarding the Longmeadow
Parkway project, currently in Phase II design through the Kane County Division of
Transportation. A recurring comment from residents during these meetings was that the traffic
impacts anticipated from the Longmeadow Parkway project would necessitate that IL Route 62 be
widened to four lanes. Residents had also reported that substantial congestion exists in the
existing condition. The Village reviewed the IDOT 2013-2018 Proposed Highway Improvement
Program and found that the program does not include any provisions for further construction on IL
Rte. 62. As a result the Village requested a meeting with IDOT to inquire as to how planning
efforts could be initiated to increase capacity on IL Rte. 62.
2. John Fortmann noted that IDOT does not typically construct projects where they are not supported
locally and asked if the Village would support the project.
3. Village President Martin McLaughlin noted that the Village realizes the necessity for capacity
improvements on IL Rte. 62 based on existing traffic volumes and anticipated increased traffic
volumes from the Longmeadow Parkway project. President McLaughlin also noted that existing
conditions on IL Rte. 62 make it difficult to cross from north to south along Old Sutton or
Bateman Road.
MEETING MINUTES
VBH-IDOT Meeting- IL Rte. 62
Page 2 of 2
9355.134 IDOT Meeting Minutes – 1-31-14
4. Mr. Fortmann requested that the Village provide a letter to IDOT requesting a study of IL Rte. 62
be initiated. Upon receipt of a letter supporting the study IDOT could determine whether funding
would be included to initiate the Phase I process. Mr. Fortmann also suggested that the Village
inform their state representatives to obtain their support for the project.
5. IDOT staff noted that the preliminary estimate of the construction cost for widening IL Rte. 62 to
four lanes would be $45 million. The Department talked about potential cost for the project at
approximately $65 million. After the meeting the cost for inclusion on the future needs list was
calculated to be the following:
CON $55,000K (5 miles at $11M / mile)
PEI $3,300K (6%)
PEII $5,500K (10%)
CE $7,100K (13%)
LA $5,000K ($1M / mile)
TOT $75,900K
Mr. Fortmann noted there are occasions where local agencies take the lead (with IDOT oversight
and final approval of the plans) during the Phase I process to expedite the schedule.
6. It was noted that the project would require coordination with the Cook County Highway
Department as the agency with jurisdiction of Bateman Road and Old Sutton Road. Lisa Heaven
Baum noted that a preliminary analysis was completed at the intersection of IL 62 & Bateman
Road and a signal was warranted. President McLaughlin noted that the Cook County Forest
Preserve District had recently purchased the 340-acre property at the northeast corner of Old
Sutton Road & IL 62 and anticipates operating an equestrian facility. Village staff noted that an
overpass structure (Old Sutton over IL 62) may be desirable at this location. It was also noted that
there were existing equestrian trail crossings marked on IL 62 that may benefit from an underpass
to allow for future equestrian movement under IL 62.
7. Village Trustee Patty Meroni noted concerns regarding the condition of a timber retaining wall at
the intersection of IL 68/IL 59/Old Dundee Road, damaged in the fall during an auto accident.
IDOT staff suggested the information be forwarded to the Claims Department.
These meeting minutes represent the best efforts of Gewalt Hamilton Associates, Inc. to
accurately summarize issues discussed at this meeting. Any comments or corrections should
be directed to us in writing within seven days.
These minutes prepared by:
Gewalt Hamilton Associates
Daniel J. Strahan, P.E., CFM
Assistant Village Engineer