Audio recordings from the January 23rd meeting of the Board of Trustees are available on the Village website. To access the full menu of recordings, click here .
During the Finance report, Village Treasurer Peggy Hirsch reported that for 2016 the village collected more than budgeted, and also spent less than budgeted. The preliminary unaudited savings is roughly $175,000. In 2016, budgeted expenditures were about $7.877 million, with $7.7 million having actually been spent. 2017’s budget is $7.579 million, with the tax levy set at $5.314 million, reduced from the 2016 levy of $6.191 million. President McLaughlin remarked on these positive accomplishments by the Board, and noted if school districts, townships and library districts would follow suit in better fiscal management as the village has, all areas of our property tax bills would go down. That section of the recording can be heard here .
The Treasurer also reported on the Police Pension Board (PPB) and remarked that the Pension Board has finally put out a Request For Proposal (RFP) for investment services, after years of their investments managed by the current firm lagging significantly behind the established benchmarks. Six RFPs have been received and the PPB will be reviewing the firms.
Trustee Colleen Konicek Hannigan reported that the $25,000 fine for violation of the Home Occupation Ordinance at a residence of Saville Row has been paid to the Village, which is the largest fine that has been collected by Barrington Hills for such a violation.
Kenneth Garrett from B & F Code Services, who works for our Building Department, presented a summary of the status of the Village’s current building codes and standards for construction. Mr. Garrett explained how many of Barrington Hills’ codes are very outdated, with some dating back to 1979, and are woefully inaccurate and outdated, and not in compliance with contemporary state and local standards. His firm has proposed a full review of current code and adoption of a new updated building code which B&F will present at a future date. The board voted unanimously to approve B&F’s proposal.
An update on the status of the village’s opposition to Longmeadow Parkway (LMP) was presented during the Roads & Bridges report. On January 18th, President McLaughlin, Village Administrator Bob Kosin, Engineer Dan Strahan and Village Attorney Mary Dickson all met with members of the Kane County Department of Transportation (KDOT), including engineers and planners, and a representative of the Kane County State’s Attorneys’ office. During that meeting, the Village reiterated that Autumn Trail, as a private road, is not and has never been a village road, and that Barrington Hills takes exception to Kane County’s Declaration of Municipal Extension of Village Owned Road. Kane’s declaration would attempt to take over ownership of Autumn Trail from what they assert is village ownership so that KDOT may proceed with tree cutting and construction on Autumn Trail for the LMP project. McLaughlin explained that KDOT has again been informed that Barrington Hills does not accept Kane’s characterization of the way Autumn Trail’s original plat of survey was designated by the developer. It was repeated to KDOT that the Village has never maintained Autumn Trail in any way and plat designation was never accepted by the village.
According to Engineer Strahan, KDOT is still planning on letting for bids in March, but cannot proceed without the IDOT required certified right of way on Autumn Trail. Bob Kosin was directed to write a letter to the IDOT official in charge of certification to make it clear that KDOT’s declaration is not recognized by Barrington Hills.
McLaughlin, Kosin and Trustee Konicek also attended the McHenry County Council of Governments (McCOG) meeting on January 18th, and once again voted against McCOG’s proposed transportation agenda, casting a negative vote with regard to LMP and rejecting the “widening” of Route 62/Algonquin Road.
After seven minutes of discussion, Trustee Fritz Gohl piped up, saying “I’m sure this is a stupid question, but I don’t care” (which pretty much summarizes Gohl’s long tenure on the Board of Trustees). Gohl asked, “is it too late to change the designation of Autumn Trail (to a village road)?” After explanation again by the village engineer, it was painfully obvious that Gohl had no understanding (as had just been described at length) that a change in the municipal designation would essentially green-light KDOT to take over right-of-way on Autumn Trail, and could also likely set a precedent for village responsibility of all private roads, thereby making taxpayers liable for future maintenance and repaving. Gohl’s brilliant thoughts can be heard here .
Next the Board turned its attention to a Resolution to Accept a Plat of Easement for Road Purposes for the Barrington Hills Farm (BHF) parcel located at the corner of Church and Chapel Roads. Trustee Michelle Maison summed up the confusion of the board about the return of this issue when she stated, “What is this?” The Village had previously voted to accept a plat of dedication, prepared by BHF, for the southeastern portion of Church Road where two driveway entrances for their proposed HARPS facility will be located. After acceptance of the dedication by the village (Resolution 16-24) in September 2016 and approval of a second driveway cut in, the property owner changed his mind and decided that he didn’t want to dedicate of the right of way to the village after all and wanted to do an easement instead.
President McLaughlin shared his frustration about the 180 degree switch in BHF’s position, asking “How many times can we say yes?” Trustee Konicek agreed and also expressed her displeasure with the attitude of the property owner who has sent multiple accusatory letters insinuating that the Village was somehow trying stall the HARPS facility. Trustee Maison asked for further clarification of the reason for the easement, the purpose of which seem to be trying to limit what the village could possibly do to the roadway in the future. Maison asked if this meant that any village property owner who currently provides the village with a prescriptive easement could demand a plat of easement with attached conditions.
Konicek also expressed deep concern about giving preferential property rights to the owner of an unincorporated non-residential property whose driveway happens to be on a village-maintained road over the rights of actual village residents. The proposed easement attempts to dictate what the roadway speed limit could be on that section of road, what the roadway weight limits could be, and to require special advance notifications if equipment would be needed on the side of the road for emergency repairs. She was also concerned about giving special treatment to a non-taxpaying entity. Maison was troubled about setting a precedent for other property owners coming forward and making similar demands, and suggested that the board not even vote on the easement.
McLaughlin characterized the entire situation as a unnecessary political show which has now become expensive to the village. McLaughlin suggested constructing a document which would grant the property owner a second driveway cut, but would not include binding terms upon the village. The Village Engineer explained that he had originally recommended the easement due to the overall construction project being well beyond the scope of just a single family residence. Strahan also explained that BHF does not currently even have a building permit from McHenry County, and the Village’s approval of the second driveway is only one of six issues that BHF still has to resolve before the County could issue them a permit to proceed.
At that point in the meeting, the Board voted 4-3 to table a vote on the easement, with Croll, Gohl and Harrington voting no. Trustee Harrington asked if there would be a risk to the village if the easement were not accepted, and if the property owner could revoke the prescriptive easement that currently exists. Attorney Dickson explained that there would be no risk and, logically, no property owner would want to revoke a prescriptive easement because the owner would then have to assume all responsibility for maintenance of that section of road.
Harrington then stated that the current property owners have a plan for the land which is dramatically better than proposed Duda development, and he gets the sense that the owners do not have a very trusting relationship with the village, and that the village should have a more welcoming attitude towards them and should be more encouraging to have them come back into the village.
Konicek again expressed her offense to the repeated accusatory correspondence that the BHF property owner has sent to the village which has incorrectly insinuated that the village is intentionally stalling the HARPS facility. She also asked Harrington if he does have knowledge of plans for the 600 acre property beyond the 21 acre HARPS facility then he should share it with the rest of the Board. Harrington was conspicuously mute. President McLaughlin went on to describe several meetings that he and the village staff have had with the property owner regarding possible re-annexation, but no petition to annex has been received since their last conversation in October.
Trustee Brian Croll stated that some elements of the proposed dedication are acceptable to him, and some are not particularly those elements that are left to the discretion and approval of the property owner. He felt that those items should be removed from any new agreement.
Attorney Dickson stated that at a future meeting, the board needs to repeal the September 2016 resolution for the dedication of the plat that the property owner had subsequently revoked.
The lengthy discussion ended with a request for Dickson to construct a new dedication of easement with input from the trustees for terms that would be more amenable to the village, and then return discussion of the easement to the Roads & Bridges Committee.
The Barrington Hills Farm easement discussion begins here. (Note: The BHF easement document was not linked in the meeting’s posted e-Packet and apparently was not made available to the Board until shortly before the meeting.)
Lastly, in the Administrative portion of the meeting, McLaughlin refuted an Algonquin Township candidate’s website which erroneously advertised an endorsement by him. McLaughlin stated that neither he nor the village is not an endorser of any specific candidate in any township race, whether in Algonquin, Cuba or Dundee Townships. He went on to say that the village absolutely supports the services we have received from those entities, but it is unfair to be listed as an endorser of a specific candidate. He urges residents to do their own homework and research, and then chose the person who would best represent them, from both an economic and a service perspective. Those comments can be heard here .
An update on the Longmeadow Parkway Project: A recent letter from the National Park Service has been received that rescinds their approval of the project. Due to the land swap of acreage from HIckory Hills Park (a plot of land bordering Autumn Trail to the south and RT 25 to the west wherein most of the Barrington Hills portion of the roadway is planned to be built) from the ownership of the Dundee Park District to KDOT in return for a portion of land within the Brunner Family Farm now under control of the Kane County Forest Preserve, this swap is deemed contradictory to the Public Trust as the net Public land is diminished. The result is that this deal will be under review and potentially a new land deal must be approved which must add net new public land vs. any taken to provide ROW for the LMP.
The Kane County Department of Transportation (KDOT) apparently plans to ignore the claim of VBH’s Autumn Trail residents (and the Village, itself) that Autumn Trail is privately owned … and push ahead.
They also plan to ignore the National Park Service’s withdrawal of its approval!
The Longmeadow Parkway project should not proceed unless and until these matters are resolved satisfactorily.
Contact your Illinois Legislators to protest this gross over-reach … and to ask that the KDOT request for “Quick Take” be turned down.