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Archive for the ‘Elections 2011’ Category

horse stableThe Zoning Board of Appeals will conduct a public hearing Monday, July 21st  at 7:30 PM at Countryside School related to two proposed horse boarding text amendment proposals* submitted earlier this month.

Last week, The Observer summarized some of the highlights of the two proposals, such as hours of operations and allowable horse population (seeJuly 21 Zoning Board Public Hearing announced”). We have also commented on the apparent conflicts of interests stemming, in part, from these proposals.   Additional scrutiny of the proposals has led to some very troubling questions and discoveries.

Both proposals call for any property boarding horses, be it one horse or dozens, to be reclassified from “Residential” to “Agricultural” use when it comes to our Village zoning regulations.

Some have speculated this might be an opportunistic ploy to lower property taxes.  Some county assessors’ offices disagree, and in fact, they may (and certainly should) be taking interest in some of these properties now, since boarding is considered a revenue generating activity.

These latest proposals raise the valid question of whether boarding properties could possibly be considered a “Commercial” use in some circumstances when computing their assessed valuation.  This makes sense, of course, and we have long advocated that large-scale commercial boarding operations should not be allowed to masquerade as residential uses.

But it may be that the reason that the proposal authors want boarding operations classified as agricultural use is that they hope to become a protected class, nearly immune from many residential code regulations under which they now must operate.  In other words, they may want to be treated better, and with fewer restrictions, than the rest of us.

For example, Floor Area Ratio (FAR) restrictions currently limiting the allowable square footage to be built on a property will likely not apply to boarding properties classified as agriculture.  Therefore, if approved, these proposals might allow for the construction of any size boarding facilities, so long as they are within code setbacks.  Additionally, it may be the case that the proposers also intend that no special use permits will be required unless variations are sought, so adjacent property owners would have no say in the matter, and no forum to raise concerns, unless a zoning variation approval is required.

If operators were to exploit this proposed FAR regulation loophole, existing stables might be expanded or new ones may be built beyond FAR guidelines.  In addition, accessory buildings for boarding, such as hay barns, riding arenas, manure storage structures and the like, might occupy (and hence eliminate) open space to support boarding ten or more horses* on as little as five acres.

One thing is clear:  as facilities expand, so too will activities on the properties. More visitors, vehicles, equipment and trailers will appear, and with expanded daily operating hours seven days a week, it’s likely noise will increase as well.

Horse training session

Horse training session

Both proposals fly in the face of our Comprehensive Plan, the flag so many often wave when it suits their purpose, since it clearly recommends on page 44 that horse owners should:

“Avoid soil compaction and excessive removal of vegetation by timing the use of pastures and controlling the number of horses.”

Many other village regulations could potentially be sidestepped through agricultural use designation, and they are too numerous to cite at this time.  Most activities related to boarding and training of horses would be unregulated, with the only exception being the allowed hours of operation, even if only one horse is boarded.*

Both proposals should be unacceptable to most residents, in our opinion.  Both proposals, by reclassification of residential properties to “agriculture,” seek to create a super class of protected properties, with benefits the rest of us do not have and while creating additional burdens on our community.

The Zoning Board is accepting written comments from residents until Monday, July 21st by 5:00 PM.  Written comments can be faxed to the Village Clerk at 847-551-3050 or sent by email to clerk@barringtonhills-il.gov.  Please include your name and address in your correspondence, regardless of your opinion on the respective amendment proposals.

It goes without saying that this is a critically important matter for all Barrington Hills property owners.  Resident involvement is important, as it was in previous failed attempts to amend horse boarding codes favoring expanded boarding provisions.

Regardless of your stance, please comment either in writing, or publicly Monday night at the hearing, or best of all, do both.  This amendment process begins and ends with resident participation.  Through inaction, you may empower proposals that eventually may have power over you and diminish the value of your property rights.

–      The Observer

*Oakwood Farm Horse Boarding and Training Amendment Proposal

Riding Club of Barrington Hills Horse Boarding and Training Amendment Proposal

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The Village recently released recordings from the July 8 special Village Board meeting.   To access the menu of the meeting’s topical audio recording segments, click here.

Six residents spoke during the public comment portion of the meeting, and The Observer encourages readers to listen to all of those residents who spoke.  In particular, the first public speaker presents an insightful reason why two commercial horse boarding ordinance amendment proposals are currently being fast-tracked.

A direct link to this background perspective can be accessed here.

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ZBA Horse Boarding Public HearingEarlier this week, the Village published notice of a Zoning Board public hearing to take place on July 21st at Countryside School at 7:30 PM concerning two separate zoning text amendment proposals filed by a local riding club and a resident pertaining to horse boarding regulations.

No agenda has been posted yet, however the two text amendment proposals to be considered are currently available on the village website.

It should come as no surprise to most residents that both proposals are extremely liberal considering the two amendment proposal authors – the Riding Club of Barrington Hills (RCBH) and Dr. Benjamin LeCompte (Oakwood Farm).

The fact that a majority of Zoning Board members belong to the RCBH raises some serious ethical issues as was recently documented in an Observer editorial titled “Conflicted.”  These conflicts will likely cloud any reasonable objectivity in the deliberation of the RCBH amendment proposal.

And in the case of Oakwood Farm, a recent Illinois Appellate Court decision deemed this boarding operation to be in violation of our Village code, and there is likely going to be continuing litigation despite a recent request for appeal filed with the Illinois Supreme Court.

Furthermore, given that Oakwood Farm is seeking amendments that would be retroactive to 2006, before the zoning violations occurred, it is highly questionable whether this proposal should be considered under the circumstances.  After all, our Village has incurred significant legal expenses over the years related to this boarding operation including defending past and some present Zoning Board members in a lawsuit filed by the property owner against the Village.

Both amendments request that the boarding of horses, regardless of number, be addressed in agricultural zoning, not residential as it is now.  Both also request that boarding businesses be exempt from the Home Occupation Ordinance (HOO), thus freeing them from almost all HOO limitations on operations such as the number of employees or customers/guests on the boarding property at any given time.

The RCBH proposed amendment would allow property owners and their employees to operate between the hours 6:00 AM and 8:00 PM seven days a week.  Boarding customers would only be allowed to use facilities from 8:00 AM to 8:00 PM (or dusk) seven days a week, and without the HOO provisions, there is no limit to the number of employees or customers and thus, no limit to the number of vehicles or trailers present at any time.

As for the number of horses allowed at a boarding business, the RCBH proposal recommends, “two horses per acre, plus one horse per each boxed stall.”  A copy of the RCBH proposed text amendment application can be downloaded here.

The Oakwood Farm proposal differs slightly in wording and terms.  It calls for operating hours from 6:00 AM to 9:00 PM seven days a week for an unspecified number of boarding customers and anyone involved in facilitating the boarding and training of horses.  Outdoor riding and training is restricted to 8:00 AM to 8:30 PM for anyone other than the immediate family.

Regarding allowed horse population, Oakwood recommends pasture boarding of up to one horse per acre and two horses per acre if they are stable boarded.  A copy of the Oakwood proposed text amendment can be downloaded here.

There are additional items to be considered in these proposals, however those illustrated so far are the ones that jumped off of the pages and are likely of the highest interest to all Village residents.

The Observer has long advocated that horse boarding has no place under the HOO.  However, without most of the restrictions embedded within it to provide “peace, quiet and domestic tranquility within all residential neighborhoods,” in it to protect adjacent neighbors and neighborhoods from boarding businesses, these two new proposals may render most residents incapable of having much of any say in present or future neighboring property use.

The Observer will likely have more to say on this very important subject before the July 21 hearing, but in the meantime, we encourage readers to read the proposed amendments and plan to attend the public hearing on July 21st.

–     The Observer

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Friday FlashbackFollowing are some of the articles published by The Observer for the month of June in recent years. These articles, gathered from various publications and editorials, are noteworthy for residents in that they remind us of where we’ve been as a community.

Solicitors need permit by police to go door to door – 2011

The Barrington Hills Police Department is encouraging residents to display signs at main entrances to their homes that read, “No trespassing” or “No soliciting,” after an increase of door-to-door solicitation in the village.

Read more here.

Elections board votes in favor of complaints against Save 5 Acres – 2011

The state Board of Elections on Tuesday upheld the findings by a hearing officer that members of the then-Save 5 Acres slate for Barrington Hills Village Board and a committee were in violation of campaign disclosure laws.

The three-member slate elected to the village board in April was comprised of then-Village Clerk Karen Selman, Trustee Joe Messer and resident Patty Meroni.

Read more here.

Residents deserve practical commercial boarding restrictions – 2012

Monday evening during the Zoning Board of Appeals Public Hearing, a few residents spoke of the equine boarding history in Barrington Hills and how so few problems have arisen from these operations.  Most others urged the Board to consider reasonable restrictions that, apparently, are unpalatable to horse boarders and owners.

Read 2012 Observer editorial here.

Barrington Hills residents address horse boarding – 2012

About 200 concerned Barrington Hills residents packed the multipurpose room of Countryside Elementary School Monday night for a hearing on a proposed change to the village code regarding commercial horse boarding.

With only a few exceptions, people who spoke generally looked with disfavor on the amendment that would allow commercial horse boarding as a home occupation business if machinery were operated and nonresidents were on site only between the hours of 6 a.m. and 8 p.m.

The full Daily Herald story can be viewed here

Time to split? – 2013

For some time, The Observer has been keeping residents informed of the impending split from an intergovernmental agreement between the Village of Barrington and the Barrington Countryside Fire Protection District (BCFPD).

There has been considerable press devoted to this topic and the Observer has provided links to articles and commentary (see “Many Barrington Hills residents deserve ‘Tender’ fire protection”).  Recently, the issue has been coming to a head, so we feel it is time to examine what the ramifications of this “split” might mean for our Village.

Read more here.

–     The Observer

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The Village recently released recordings from the June 23 Village Board meeting.  To access the menu of the meeting’s topical audio recording segments, click here.

The Observer recommends that readers take a few minutes to listen to the attorney’s report.  Ironically, the dialog, often times antagonistic, only demonstrates how the political shadow and influence from the past continues today on our board as we pointed out in “Conflicted,” which was published the very morning of the meeting.

A direct link to the recording can be found here.

–     The Observer

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BOT RecordingsThe Village has released edited audio recordings from the June 16 Zoning Board meeting. To access the menu of the meeting’s topical audio recording segments, click here.

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EthicsThe election of a new Village President in April of 2013 gave many Barrington Hills residents hope that cooperation, civility and balance would return to our Village governance.  In our editorial, “It’s morning again,” The Observer shared expectations that the practice of divisiveness and favoritism, a hallmark of the previous administration, would be set aside by members of the Board of Trustees loyal to the outgoing president.

But more than one year later, a broad shadow of old times still looms large.  Coordinated partisanship appears to still be at work, primarily through the associations of board and committee members with the Riding Club of Barrington Hills (RCBH) and the Barrington Hills Polo Club.

There is no doubt that the issue of commercial horse boarding needs to be addressed in our village.  But efforts currently at work threaten to undermine any progress that benefits and seeks input from the village as a whole, and raise issues about either actual or apparent conflicts of interest.

Despite having a small percentage of residents counted as members, four members of the current Board of Trustees (BOT) are members of the Riding Club (Trustees Messer, Meroni, Selman and Gohl).

Four appointed Zoning Board members (five before the Attorney General’s recent decision) are also RCBH members.  Specifically:

  • Kurt Anderson is a member of the Riding Club.
  • Clark Benkendorf is a member of the Riding Club and husband of the current RCBH membership chair.
  • Karen Rosene is a member of the Riding Club and the wife of the president of the Barrington Hills Polo Club, which relies on Oakwood Farm in part for seasonal practices, matches and the annual LeCompte Kalaway Cup fundraiser.
  • Chairman Judith Freeman is a longstanding member of the Riding Club and a District Commissioner for the Fox River Valley Pony Club, an organization that relies primarily on Oakwood Farm for hundreds of spectator and participant’s parking needs for at least two major events each year.

The fact that four Zoning Board members belong to the Riding Club is clearly an issue.  The club derives a substantial amount of dues from people boarding horses.

What is more alarming, however, is a potential conflict of interest recently revealed at ZBA meetings.

RCBH Logo 2Some time ago, the Riding Club retained a private attorney to create recommended code amendments that have been submitted to the ZBA, both in writing and orally, at the June 16 ZBA meeting.  Therefore, membership dues presumably paid by these four ZBA members have been used to draft language that they are actively considering.

The fact that these ZBA members will be deliberating on code language that their own attorney specifically drafted, ostensibly with their own interests in mind, raises questions about their ability to address that and other text amendments objectively.  It raises either an actual conflict of interest or the appearance of a conflict, which should cause them to refrain from participating in discussion and recuse themselves from any consideration of that proposed text amendment.

The fact that the Riding Club has engaged counsel to draft a text amendment, which presumably would be acted upon by the Riding Club members of the ZBA (and potentially the Village Board members), also raises questions about compliance with the Open Meetings Act.

As residents, we are entitled to have deliberations and considerations of changes in law addressed exclusively at open meetings, where issues can be vetted transparently and with input from the public generally.  Changes in law that affect the village at large should not be first planned and orchestrated within the confines of the Riding Club, and then trotted out for a stamp of approval by Riding Club members on the ZBA and our board.

For these reasons, and many others, we have to reiterate our recommendation for the formation of an independent “Blue Ribbon” panel made up of a cross section of residents as outlined in “Here We Go Again. . . . Commercial Horse Boarding Drama Returns.”

Again, there is no doubt that the issue of commercial boarding of horse has to be addressed.  There are many substantive ways to address the issue.

What we should not do, however, is allow a biased and potentially conflicted procedure to get in the way of the ultimate resolution of this long-standing issue in our village.

–     The Observer

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Illinois-AG-SealNearly a year to the day after a concerned resident filed an Open Meetings Act (OMA) violation complaint against the Village, the Illinois Attorney General’s office recently concurred that appointments made by the outgoing village president during his last official Village Board meeting in 2013 violated the terms of the Act.

At issue are dozens of appointments made to boards, commissions and committees during the April 22, 2013, Village Board meeting by outgoing lame duck President Bob Abboud.  The agenda for that meeting, which can be viewed here, listed only one line item for his appointments – “10.1 [Approval] Appointments.”

OMA rules require the names of appointees and positions to be noted on agendas and that they be posted for public inspection at least 48 hours in advance of meetings.

According to recently released recordings, current board members present at that 2013 meeting were not given advanced notice of which residents were being appointed or reappointed to what Village bodies and neither was the public.

This ruling is expected to have little effect on most appointed bodies since most of them carry only one year terms, and numerous positions were already renewed or appointed last month with little or no debate.  However, our Zoning Board of Appeals members are appointed to five year terms, and there lies the problem.

During the April 22, 2013 meeting, Abboud appointed two residents to the ZBA – one to fill a vacancy created by the resignation of a retiring member; the other was a reappointment of a member whose term had actually lapsed in April of 2012.

It’s expected the Village President and Board of Trustees will address filling any vacancies resulting from the recent ruling at their next scheduled meeting on June 23.

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The Village has released edited audio recordings from the May 28 Village Board meeting.  To access the menu of the meeting’s topical audio recording segments, click here.

The full public portion of the meeting lasted a somewhat grueling 3 hours and 56 minutes, so we’ll try to cut to the chase of the significant points of the meeting.

Twenty-five residents and non-residents spoke before the board during the public comment session, most voicing concern about the status of all horse boarding in the Village.

Prior to public comment, however, assurances were given by Village officials allaying the false rumors that had brought so many to the meeting.  A direct link to that recording can be found here.

Save 5 MesserTrustee Messer, during his Building and Zoning report, referenced a 2011 court decision finding flaws in our Village Code pertaining to horse boarding.  We must remind readers Trustee Messer has liaised with our Zoning Board since before that time, so it reinforces our concern as to why horse boarding codes have not been addressed until recently.  Click here for his report.

Likely the most significant recording segment is the administration report and discussion.  There was a fascinating discussion on new protocols for nominating residents to appointed bodies.  A copy of the unnecessary proposed hurdles for volunteers can be downloaded here.

This proposal and ensuing dialog once again demonstrates extreme hypocrisy, as well as a complete lack of respect towards the President by the majority of the board. Those exchanges can be heard here.

Meroni 06The other major topic for public comment which drew residents to the podium was the consideration of adding bicycle lanes to Haegers Bend Road in return for upwards of 1.5 million dollars in grant money for essentially rebuilding the roadway.  Village Hall staff discovered the grant opportunity and conveyed it to Roads and Bridges Trustee Patty Meroni who brought it before the Village Board many months ago.

Things got a little awkward, to say the least, when a relative of Trustee Meroni made the last public comment of the evening against adding bike lanes to Haegers Bend and referencing the lack of documentation of a petition against them in minutes to be approved.  Her pointed remarks can be heard here.

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This week, the Riding Club of Barrington Hills along with “equestrians and concerned members of the community” issued their opinion and recommendations on the present situation regarding horse boarding in Barrington Hills.  An excerpt reads:

RCBH Logo 2“We acknowledge and support the current position of the Village of Barrington Hills Board of Trustees that horse boarding is a permissible and legal activity in Barrington Hills; and that no other horse boarding facilities are at risk other than the one involved in the current legal dispute.”

This published statement comes on the heels of unfortunate widespread misinformation, presumably by a few within this group, via social media and petition language (see The unwelcome return of underhanded Village politics) and was posted on a non-club Facebook page on June 4th.

The Riding Club’s full opinion statement, including their assessment of our current codes and their recommendations, which was  presumably already submitted to our Zoning Board of Appeals, can be downloaded here.

Our Zoning Board of Appeals (ZBA) is currently accepting written public input from residents on the matter of horse boarding and the current codes that address it.  The ZBA posting to our Village website reads as follows:

“The Zoning Board of Appeals is soliciting input from residents with respect to the continued appropriateness and clarity of the village zoning code as it pertains to the boarding of horses. Please work with neighbors to prepare suggestions that reflect collective viewpoints, while reserving the ability of any resident to propose individual suggestions. Please submit any suggestions and supporting material to the village clerk at clerk@vbhil.gov on or before June 11, in order for those materials to be distributed to Board members in advance of the next regularly scheduled ZBA meeting on June 16, 2014.”

Unfortunately, this website posting fails to reflect the parameters placed upon comments from residents by the ZBA chair when she alone solicited this input without a vote of the Zoning Board last month.

According to the recordings from the May ZBA meeting, input should support, and be consistent with, the Village Comprehensive Plan (which can be downloaded here).  Chairman Freeman also stated that comments and proposals submitted in prior go-arounds on this matter lacked real-life reasons or rationale for all parties involved for all ZBA members to understand before moving forward.

Village residents should consider these factors when taking time to craft any proposal to our Zoning Board, and please be sure to include your name and address.

As The Observer has mentioned before, the language for the text amendment likely has already been drafted with some special interests in mind, so this code text amendment process will probably only be a means to a predetermined end.

Nevertheless, we believe it is incumbent upon all residents to voice their opinions and proposals for horse boarding code amendments on or before June 11th to the Village Clerk at clerk@vbhil.gov to ensure this process has some validity and is documented.

–     The Observer

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