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Archive for the ‘Elections 2011’ Category

Last month during a special Village Board meeting, the Board of Trustees had the opportunity to ask questions of three law firms who were invited to present their qualifications to serve Barrington Hills.  Board members asked representatives of Zukowski, Rogers, Flood & McArdle their opinion on whether the Village should undertake legislation changing our Village Code related to horse boarding when there is active litigation occurring between two private parties if such legislation might affect one party over the other.

David McArdle, a partner with the firm, responded, “We wouldn’t recommend that you pass a rule, pass a law, that favors one party over another.”  When asked again in a different way, he stated, “We wouldn’t recommend that.” (A link to the recording of that discussion can be accessed here)

Mr. McArdle is not alone in his opinion.  Other attorneys, including current Village special counsel Patrick Bond, have expressed the same when asked.

Yet tonight, the Zoning Board of Appeals will hold a public hearing on the Anderson horse boarding amendment which distinctly favors one party over another.  On Wednesday evening, they are scheduled to vote on the amendment.  If approved, it will then go to the Village Board.

If the latest Anderson text amendment clears all three hurdles with approvals and becomes part of our Zoning Code, the next likely step will be an expensive legal defense of the unethical and biased actions by both boards that will significantly drain Village financial resources.  And who could begin to blame the adversely affected party if they did decide to sue the village?

For these reasons, we believe it’s time for this obvious charade to stop immediately.  As we’ve pointed out in our editorials “Here We Go Again. . . . Commercial Horse Boarding Drama Returns” and “Conflicted,” the only way to fairly draft sensible horse boarding codes that benefit all residents is to create a committee representing a fair and proportional cross-section of Village residents.  But even that process should wait until the private litigation between two residents regarding boarding is resolved.

–     The Observer

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The Village has recently posted the agenda for Monday’s Zoning Board of Appeals meeting to hear public comment on ZBA member Kurt Anderson’s latest horse boarding text amendment.  The meeting will take place at Countryside School beginning at 7:30 PM, and a copy of the agenda can be downloaded here or viewed on the Village Google calendar here.

The Village has also just published a copy of the ePacket agenda for the meeting which includes a copy of the Anderson 2.0 horse boarding amendment and a copy can be downloaded here.

Anderson’s latest proposal calls for amended Agricultural code regulations to apply to boarding operations on properties exceeding 10 acres and modified Home Occupation Ordinance regulations to apply to boarding operations of lesser acreage.  Following are some of the amended components of both.

Agricultural Use horse boarding regulations – 10 or more acres:

  • Allows for boarding to be the primary use of the property
  • Allows for boarding structures to exceed the size of the residence
  • The amendment is retroactive and in full force as of June 26, 2006*
  • Employee hours are from 6:00 AM to 9:00 PM seven days a week
  • Customer hours are from 7:00 AM to 8:30 PM seven days a week
  • Machinery use is allowed from 7:00 AM to 9:00 PM seven days a week
  • Maximum of two boarded horses per gross lot acre
  • No minimum on total horses kept per acre beyond boarded ones

Home Occupation Ordinance boarding regulations – Less than 10 acres:

  • Allows for boarding structures to exceed the size of the residence
  • Employee hours are from 6:00 AM to 9:00 PM seven days a week
  • No more than two employees on-site at a time
  • Customer hours are from 7:00 AM to 8:30 PM seven days a week
  • No more than four customers on-site at a time
  • Machinery use is allowed from 7:00 AM to 9:00 PM seven days a week
  • Maximum of one boarded horse per gross lot acre
  • No minimum on total horses kept per acre beyond boarded ones

It’s important for to note that Mr. Anderson’s latest amendment expands boarding operating hours under the Home Occupation Ordinance passed by our Village Board, coincidentally on June 26, 2006.  That ordinance provided for more considerate, neighborly operating hours.

Written comments on Anderson’s latest horse boarding text amendment can be submitted to the Village by fax or email through November 10 by 5:00 PM.  Fax your comments to 847-551-3050 or send them by email to the Village Clerk at clerk@barringtonhills-il.gov.

–     The Observer

*During the August 1, 2014, special meeting of the Equestrian Commission the topic original LeCompte horse boarding amendment, including the June 26, 2006, retroactive application of code petition, was denied by the commission.  Members John Pappas and Bruce Pfaff, both attorneys, advised other commission members that it should be stricken.  All agreed with their unanimous vote.

The recording of that discussion can be accessed here.

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The Village has released edited audio recordings from the October 20, 2014, Zoning Board of Appeals  meeting  which was held at Countryside  School to discuss three remaining horse boarding text amendment proposals carried over from the September 11th ZBA special meeting.  To access the menu of the meeting’s topical audio recording segments, click here.

Unlike the  unexpected surprise Anderson/LeCompte horse boarding text amendment discussion that consumed over two and a half hours at the September 11th meeting, the discussion of the Drury, Elder and Hammond amendments took just over thirty-five minutes combined.

Member Kurt Anderson led the charge with motions discarding each of the three citizen alternatives to his proposal, stating the three amendments were, “not in the best interest of the public.” Of course not—these proposals were not his own.  Then, each amendment was voted down by the board, falling in line, 4-3, with the conflicted makeup of the board as we have previously chronicled (See “Conflicted”).

Later in the meeting, a resident questioned what exactly was the “public” interest supposedly being advanced by these conflicted board members.  It’s a  valid  question which  was never answered.

The board’s rejection of the Hammond amendment is particularly perplexing, since it followed the horse boarding code guidelines presented to the Village Board in 2011 by ZBA chair Judith Freeman herself.  But, then again, this process (or lack thereof), makes little sense to many.

The meeting continued with a yet another “improved” amendment proposed by Anderson, which would establish a line of demarcation between Home Occupation and Agriculture at 10 acres as it relates to horse boarding.  When the Village decides to publish the “Anderson 2.0” amendment prior to a public hearing on November 10, we’ll share it with readers.

When discussion turned to the questions from the Village Board requesting detail and clarification from the Zoning Board, members Anderson, Benkendorf, Rosene and Chairman Freeman often demonstrated lack of interest in obtaining expert testimony regarding such topics as horse density and possible detrimental effects to groundwater as a result of higher density.  Many in the audience expressed their vocal displeasure when Anderson stated the Zoning Board had heard no testimony when it came to density, but that was not the most disturbing part of the meeting.

Throughout the discussions, references were made to some Zoning Board members collaborating, secretly behind the scenes, on drafting the original Anderson amendment prior to the September 11th meeting at Barrington High School.  During that meeting Anderson acted as though he was revealing his new amendment draft to all members at that meeting for the very first time, but records obtained via FOIA prove otherwise.

Email and fax records obtained  from the Village show ZBA members Anderson, Benkendorf, Freeman and Trustee Joe Messer, liaison to the ZBA, began crafting the amendment using their personal or business email addresses well before the September 11th ZBA meeting.    A copy of those records can be downloaded here.

Is using personal email addresses do discuss government business a violation of the Open Meetings act?  No.  Does the Attorney General’s office discourage such communications outside of Village assigned email addresses?  Yes.

Were residents made aware of Anderson’s revised LeCompte amendment prior to the September 11th Zoning Board meeting?  No.  More importantly, were ZBA members Chambers, Stieper and Wolfgram extended the courtesy of review of the amendment before the meeting?  No.

Some residents who made public comment at the end of the most recent Zoning Board meeting referred to how this protracted issue of horse boarding regulations in the Village is causing residents to become very emotional, and they’re correct.

Doing what’s right for the entire Village should be preeminent in the minds and actions of our Zoning Board, particularly the chair.  But, since she clearly has no regard for the minority members of her board, why should she care about the majority of residents?

Not only do we have a conflicted Zoning Board, we now appear to have some members who push the edge of the envelope of the Open Meetings laws, with no discernible care for transparent behavior.  That should be a concern to everyone since in the end we’ll all pay one way or another.

–     The Observer

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Friday FlashbackFollowing are some of the articles published by The Observer in October since 2009. 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.

Barrington Hills wants to turn out the lights and see the night sky – 2009

In an effort to preserve the village’s black night sky, Barrington Hills is looking seriously at being certified as a Dark Sky Community, becoming only the third in the nation.

Barrington Hills Trustee Steve Knoop, a Dark Sky supporter, said it is about preserving property values as well as being able to see the stars in the inky black sky.

Read the Daily Herald story here.

August 2011 Village Board meeting minutes posted – 2011

Excerpt from ZBA report: “Three members of the Zoning Board of Appeals, Judith Freeman, Karen Rosene and Kurt Anderson, joined the Board of Trustees in the discussion of commercial boarding.  Ms. Freeman submitted a draft ordinance document regarding commercial boarding and wanted comments back from the Board of Trustees. The ZBA has proposed suggested a Special Use Permit if boarding ten or more horses.  Trustee Messer felt the Village has no overcrowding issue and we should address the issue when it comes up.  Trustee Meroni felt a Special Use Permit was an unnecessary burden.   Trustee Selman stated that horse boarding should be under Home Occupation (see Flip, Flop : What changed your minds Trustees Messer, Meroni and Selman?).

Minutes from the August 2011 Village Board meeting can be viewed here.

“Save 5 Acres” Trustees face further scrutiny by the Illinois State Board of Elections – 2011

The Observer learned late today that the Illinois State Board of Elections (SBOE), will be deciding on potential further action(s) against former “Save 5 Acres” candidates Joseph Messer, Patti Meroni and Karen Selman who were recently elected as Village Trustees.  The SBOE hearing takes place tomorrow, October 18, 2011, in Chicago.

The complaints were initiated by the SBOE and are related to delinquent campaign filings of financial and organizational documents.  More details to follow when they become available, however the full SBOE agenda and reference documentation can be viewed via this link (see agenda items 50-52 and 59).

Developer to sell McHenry County land near Barrington Hills – 2013

A 602-acre property, most of which was disconnected from Barrington Hills during a long, intense legal fight that began early last decade, is being put up for sale by its would-be developer.

The Fritz Duda Co. is asking for $17 million for the jaggedly bordered undeveloped land at Spring Creek and Haegers Bend roads in McHenry County, along Barrington Hills’ border with Algonquin.

Read the Daily Herald story here.

–     The Observer

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About two months have passed since Barrington Hills village attorney of more than 30 years resigned, but a replacement has still not been named, despite a plan to have that done at Monday night’s board meeting.

Days before the Aug. 26 board meeting, the law firm of Burke, Warren, MacKay & Serritella resigned at the request of Village President Martin McLaughlin, who cited the Illinois attorney general office’s finding that the village violated the Open Meetings Act in April 2013 under the firm’s watch.

“I’m actually going to do some deliberative review here [McLaughlin said]. At the end of the day I’m looking for municipal expertise at a municipal rate to protect our taxpayers from the village.”

Read more here.

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PotholeWe’ve all heard the expression “Robbing Peter to pay Paul”.  It dates back to the fourteenth century and basically refers to paying one debt while incurring another.  This is essentially what has happened in Barrington Hills for nearly a decade now, until recently.

Adequate budgeting and spending for a ten-year plan of Village road repair and resurfacing represent Peter, and exorbitant legal expenses play the role of Paul, despite repeated spins about balanced budgets and flat levy’s which we’ve all heard.  Let’s address roads before looking at the legal fees which we cannot recoup.

During the August Village Board meeting, Dan Strahan, Village Engineer, presented a report showing that our Village is a year and a half behind schedule in maintaining our roads, based on a metric that was set years ago.

If you struck or swerved to avoid a pothole this winter (or still this spring or summer) you’ve seen this up close and in person.  According to the report, our Village should historically have maintained (or resurfaced) 3.2 miles of roads, per year, since the plan inception, in order to adequately maintain Village owned roads.

Strahan’s report demonstrated the planned road maintenance schedule has suffered dramatically (due to other expenses) by a cumulative backlog now of 4.8 miles since 2006, as depicted below:

Click on image to enlarge

Click on image to enlarge

Readers should note the entire length of County Line Rd in Barrington Hills is less than half a mile shy of the total backlog Strahan reported two months ago, after he was finally asked to report the facts.

Since a simple calculation for valid budgetary purposes year after year should have kept our Village current with road maintenance for nearly a decade, we must ask how and why such an unreasonable backlog was allowed to aggregate.  That’s where “Paul” factor enters into the equation – excessive legal spending for too many years.

Nearly two years ago, The Observer reported that Barrington Hills budgeted and spent more than Barrington and South Barrington combined in legal fees (see “Now that you mention it…”).  Now, a longtime resident has taken the time to expose where our tax dollars have gone in lieu of road maintenance since 2005.

The following graphic is taken from a document presented to our Village Board last month as it relates to only one Village law firm.  More detail based on documents uncovered via FOIA requests can also be viewed here.

Click on image to enlarge

Click on image to enlarge

The recent disclosure of this data confirms what many have suspected for some time.   The years of irresponsible legal spending in the last administration has put our Village in a financial bind.  We now have to find a way out.

Clearly, this was not news to some of our current and past Village Board members, since the shortfall in road maintenance was a long time in the making.  Indeed, in 2009 only 1.55 miles of roadways were addressed.

At some point, around 2012, a quick fix for the situation was hatched, in the form of outside funding in return for the resurfacing and road widening of Haegers Bend Road.  After being denied federal funding for the project from McHenry County in September 2012, the Roads & Bridges Chair, Trustee Patty Meroni, along with Village Administrator Bob Kosin & the Village Engineer had to dig still deeper to find some way to make up for the deficit.

In early 2013, they eventually developed a plan to add bike lanes to the Haegers Bend project to improve the Village’s chances of receiving a funding grant in the next application period.  Tens of thousands of dollars were spent developing new engineering plans and paying for a bike plan study to justify the project.

However, that strategy fell apart when residents got wind of the impending project plans, which would have required, at the very minimum, temporary grants of construction easements by individual property owners along the road, or at worst, the use of eminent domain to obtain those easements.  Sensing defeat in July 2014, Meroni backpedaled and withdrew the bike plan, but not before trying to place the responsibility on the McLaughlin administration.

So, here we sit today, with Haegers Bend continuing to deteriorate, requiring at least $1.2 million to reconstruct and the road maintenance schedule with a 4.79 mile backlog.  Considering the snow plowing contract with Cuba Township represents only a fraction of the $1.3 million budgeted this year for Roads and Bridges, we have a serious problem.  And why?

That’s a very good question, but neither Peter nor Paul can answer it.  Perhaps Patty can.

–     The Observer

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Our Village Hall staff have recently updated the ePacket agenda for this evening’s special Village Board meeting to include the three law firms allowed to present their capabilities for consideration by the board for Village attorneys going forward.  The firms chosen were base on input from trustees based on a majority vote.

Those firms are:

A copy of the packet can be viewed here.  The board meeting begins at 6:30 PM at Village Hall.

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The Village has published the ePacket agenda for this evening’s Zoning Board of Appeals meeting.  This packet includes the documents to be discussed by the board, and for the first time in our experience, drafts of minutes from the three September board meetings for approval.  It is unclear why minutes are now being recorded since a stenographer usually provides transcripts from every meeting.

A memo from Bob Kosin to the Village Board is also included in the packet that addresses seven questions posed by the board regarding the horse boarding text amendments.  A quick review reveals many questions remain unanswered.

A copy of the packet can be downloaded here.  Tonight’s meeting begins at 7:00 PM at Countryside School in the multipurpose room.

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The Village has just released the October Zoning Board of Appeals meeting agenda.  Monday’s meeting will take place at Countryside School beginning at 7:00 PM.

Topics for discussion include:

  • [Approve] Public Participation Rules Amendment
  • [Recommend] Discussion/Vote Text Amendment – Elder, RCBH
  • [Recommend] Discussion/Vote Text Amendment – Drury
  • [Recommend] Discussion/Vote Text Amendment – Hammond

After discussion and vote on the three text amendments, the board will then take up the inquiries from the Village Board regarding the amendments and presumably choose a final horse boarding text amendment to be advanced to the Village Board for their approval.

We’ll be curious to see if chair Judith Freeman moves public comment to the beginning of the meeting Monday as she did prior to the discussion/vote on the Anderson/LeCompte Amendment at the September 11 Zoning Board meeting, though we highly doubt it.

A copy of the agenda can be downloaded here, or viewed via the Village Google calendar here.

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Oakwood Farm Operation

There’s something missing from the stables at Oakwood Farm in Barrington Hills: horses. On a recent morning, most stalls were empty. The horses that had boarded here were gone, banished following a court order.

The feud between neighbors that led to the shutdown of Oakwood Farm’s boarding operations has simmered for years. Now it’s boiling over into a communitywide controversy that has angry residents of Barrington Hills arguing over the very nature of their community.

Following years of litigation, the Illinois Appellate Court has ruled that horse boarding at the farm does not comply with the village code. That has raised alarms at other boarding stables that they may be in danger of getting shut down, and led to heated public debates over whether to limit or protect horse boarding.

Read more of the Chicago Tribune story here.

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