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Archive for the ‘Legal Expenses’ Category

2015CollageReview

 

The Observer takes a look back at another year gone by, as we present the ten most frequently read news stories and editorials for 2015.  Click on any title to read and revisit stories from this past year.

January 26th Village Board meeting recordings released

The top read story of the year came early with our reporting of an unfortunate scene during the January Village Board meeting when a former Trustee resorted to profanity with tensions mounting before the 2015 elections.

Horse boarding rules already facing legal challenge

It came as no surprise to most residents that within days after some Trustees voted to override the veto of the highly controversial LeCompte/Anderson Horse Boarding amendment that a lawsuit was filed against the Village, as this news article from March reports. 

“Don’t be deceived” – Part Five

In the weeks leading up to the April 2015 election, we ran a series of five articles titled “Don’t be deceived” dispelling rumors and falsehoods being published by the SOS party candidates during the campaign.  The fifth was the most read.

We’ve Been Clubbed by Commercial Horse Boarding

The play on words in the title of this January editorial was the only light-hearted item about it as we pointed out the obvious and blatant conflicts of interests that a majority of members of our Zoning and Village Boards had when it came to legislating anything related to horse boarding codes.

Croll, Maison and Cecola win seats on Barrington Hills Board

The title of this article speaks for itself, and it was read by hundreds of relieved residents.

Barrington Hills candidates debate horse-boarding solutions, veto

Early on in the 2015 campaign for three seats on our Village Board, the controversy over horse boarding was employed as a wedge to divide the electorate.  This February 4 Daily Herald article is one well read example.  

Homeowners sue Barrington Hills after tree dispute bars them from moving in

This May 2015 story ultimately pointed out some shortcomings in our code, as well as the uneven enforcement of them by our (now former) Code Enforcement Officer.  Lessons were learned and corrective action was taken.

Polo politicking – SOS Party style

Political operatives supporting one trustee slate attempted in March to persuade would-be voters that if their candidates lost the election it would mean the end of public polo matches in Barrington Hills.  This editorial pointed out their underestimation of the intelligence of residents. 

Board votes to settle suit, void Commercial Horse Boarding amendment

Our October article reporting the actions of the Village Board regarding the flawed LeCompte/Anderson Horse Boarding amendment was well read and garnered quite a number of reader comments.

Too many signs

A former Village President was fond of saying the reason there are no signs reading “Welcome to Barrington Hills” on roads leading into the Village was because people passing through knew the borders instantly by seeing the sprawling estates.  Last April, no one really noticed the estates, just the over-abundance of political campaign signs.

**It should be noted that a recently published article titled “2015 Shining Star Awards” would likely have made this year’s top read list considering it has been shared by 119 Facebook users already, but it was only published on December 22nd.  Perhaps it will make our 2016 list.

-The Observer

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It’s said that the best gift you can give someone is your time, because you’re giving them something you can never get back.  Though many forget to recognize this often enough, two residents have provided more than their share of their valuable time for the benefit of everyone in Barrington Hills, and that’s why we are naming both of them as 2015 Shining Stars.

2015 BHO Shining Star Awards

Nearly three years ago, Colleen Konicek Hannigan and Martin McLaughlin made a choice to run for office at a time when Barrington Hills politics was highly charged.   They counted on the integrity they knew was inherent in most residents in their straightforward campaign, and now we can look back on the results of their efforts since they were elected.

Overall spending by the Village has decreased, particularly as it relates to legal fees.  This is due in no small part to their push for the appointment of new Village counsel with practical expertise in municipal and zoning laws — at nearly half the hourly rate of the former law firm.  Ending the protracted eighteen-year Sears lawsuit against our Village and South Barrington has had a significant effect as well.

For the second year in a row when they had input, the annual Village budget has decreased.  Even with these decreases, last year’s spending was nearly three quarters of a million dollars less than the 2014 budget.

The 2014 audit report best summarizes the fruit of their hard work by stating, “The reduction in spending can be attributed to reduced legal fees, and sound management practice, and reduced administrative expenses.”    

In addition to the Sears lawsuit, Colleen and Martin have also resolved other major legacy issues.  Two new labor agreements with our sworn Village police officers have been secured with the help of another accomplished new attorney which they engaged since our police unionized nearly six years ago in 2009 under the former administration.

Village road resurfacing now seems to be back on track after an all-time low of only 1.5 miles of roads maintained in 2009.  Additionally, with the assistance of Trustee Brian Cecola, new avenues for improving county and state roads in the Village should result in improved maintenance of vital thoroughfares such as Brinker Road.

And they shined a light on the controversial proposed Longmeadow Parkway project and brought it out of the shadows for residents in its path, as well as those who will be affected by it, with public meetings and updates from Kane County.

They’ve also done their share to bring our widely dispersed community together.  Three successful annual “Hills are Alive Heritage Fests”, at no cost to taxpayers, have been held since they were elected, and they have demonstrated that our residents welcome the opportunity to unite for an event to meet their neighbors, to learn about many community organizations and to share some family fun.

Despite this highly abridged summary of their contributions to their constituency thus far, it seems these two have not curtailed their other contributions to the community, nor their devotion to their full-time professional careers in their legal and financial practices.

Colleen continues to be an anchor planner, coordinator and participant in the Barrington Honor Ride and Run for wounded veterans, as well as participating in numerous other community and philanthropic events throughout the year.

Martin recently accepted the chairman’s role in BACOG and continues to serve in the Barrington Lions Club, in addition to being a father of five daughters.

We’re pleased to recognize Colleen Konicek Hannigan and Martin McLaughlin as the 2015 Shining Star award recipients.  Their time and dedication to the betterment of Barrington Hills, as well as their devotion to all in the surrounding community, cannot be overstated, nor can our appreciation for their hard work.

The Observer

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Friday FlashbackFollowing are some of the articles published by The Observer in November in the last few 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.

Village faces another equestrian related lawsuit – 2011

The Village of Barrington Hills now faces another equestrian related legal battle due to a lawsuit filed by a resident over property rights related to the keeping of horses.  Walter Dale “Rick” Hardy III filed suit in Cook County Circuit Court against members of the Zoning Board of Appeals and several neighboring residents on November 4, 2011.

Read the original article here.

Reflections on the 2012 resident survey results and recent political news – 2012

On November 2, 2012, The Observer published the results of the Barrington Hills 2012 Resident Survey.  For those who might not have seen the opinions of over two hundred residents who participated, a copy can be downloaded here.

Residents from all four counties participated in proportions close to those of recent voter turnouts by county.  With few exceptions, all indicated they had voted in prior Village elections, so clearly the survey respondents take interest in Village matters.

Read the original Observer article here.

Housing crash pushed bigger tax load onto seniors – 2013

Many Illinois seniors on fixed incomes are actually paying more property taxes these days because of the drastic decline in the value of their homes in recent years.

That’s because a state program designed to stabilize property tax burdens for homeowners 65 and older on limited incomes doesn’t work — and actually has an opposite effect for participants — when property values decline for everyone like they have since the housing market crash in 2008, a Daily Herald analysis of tax records shows.

Read more here. 

Better safe than sorry – 2014

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.”

Read the full editorial here.

-The Observer

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The recordings from the November 16th Zoning Board of Appeals meeting have been posted to the Village website for review.

Five people made public comments at the beginning of the meeting.  Two had nothing to do with the matter before the Board that night, two pertained to the issue to be considered, and one had us scratching our heads attempting to discern what the point was, if any.

Pro-TemGohlThe rather obtuse comments made by Trustee Fritz Gohl can be heard here.  Should any readers be able to guess exactly what he was trying to say, please enlighten the rest of us, since we are completely at a loss to explain.

When the board members then took up the business before them, Mary Dickson, the attorney assigned to the ZBA, shed some light on the situation regarding the matter as it related to our Village Codes of the repaired shed that was continued from the October meeting

In approximately thirty minutes, Zoning Board members voted unanimously to overturn the letter issued to the property owner by the former Building Enforcement Officer, Don Schuman, demanding demolition of the nonconforming building (shed). 

Perhaps it’s now time for a full review of our Village Codes, since we believe it should not take an attorney to “interpret” them, considering the experienced Village Administrator of over thirty years attends most meetings, and apparently, a former contract employee who served as code enforcement officer could not effectively communicate with a property owner in our village.     

The menu of edited recordings from the full meeting can be accessed by clicking here.

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The Village has posted the audio recordings from the October 26th Board of Trustees meeting.  The entire public portion of the meeting lasted just under two and a half hours.

A total of ten people spoke during Public Comment, and the two topics on most people’s minds were the discussion of the Police Pension Obligation Bond, and a vote on the issuance of a special use permit to shift an existing artificial lake located on a Plum Tree Road property (by a factor of about half an acre).

The former Village President spoke fourth, and once again, asked questions of the chair, as though public comment was his opportunity for debate with board members.  When his questions weren’t answered, he went on to actually claim “We never had a non-dialogue, ah, rule issue.  This board, I’d always expected Trustees to be able to respond to questions, including, um, during the regular part of the meeting, which, those of you who have been here would have known that.” Those comments can be heard here.

The very next speaker provided his recollection of how public comment was actually changed by the previous president’s administration and how new stringent rules were instituted in 2011, and his comments can be heard here.  In fact, in October of 2011, public comment was moved to the end of what were then very lengthy Village Board meetings, as readers may recall from our editorial at that time (seen here).

Regarding the special use permit vote for the existing artificial lake off Plum Tree Road, four opponents spoke, but none of their objections seemed related to the alteration of the lake itself, but other issues they apparently had with the property owner.

This included one very vocal individual who has spoken out at a number of meetings (who lives in her mother’s home according to public records) against the lake alteration.  After that, the final speaker, an attorney for the property owner at the meeting, stated the following:

“Much of the objection regarding the uses is opposed by Ms. [Sharon] Meroni, we just wanted to point out that, uh, Defend the Vote, her charitable organization, also has a mailing address of [Surrey Lane] in Barrington Hills, and we have a letter from her requesting, ah, a $100,000 donation to her organization located at her house, and that I’d like the Board to consider.  It’s pretty self-evident.”

It’s unclear how her frequent objections to the issuance of a special use permit for alteration of an artificial lake turned into a solicitation of a very large donation from the applicant, but the applicant’s attorney did preface his comments by submitting the correspondence he referenced to the Village Clerk.  The recording of his comments can be heard here.  

Once public comments concluded, the board then turned to the business before it, and a number of matters were discussed and decided upon.

The topic of the Police Pension Obligation Bond was tabled until the November meeting, but not without discussion.  President McLaughlin provided some insight into the current status, including the fact that the Village has no direct say in who manages the police pension fund investment.  Only the members of the police department make that choice, and it is up to them to determine if the performance of the investments is satisfactory, regardless of the future costs to Barrington Hills taxpayers.

In light of the ongoing “below median returns” of the current pension fund managers, this situation could result in a $43 million liability on the part of residents for the pension fund in the next 25 years.  We encourage readers to listen to McLaughlin’s perspectives on the matter by clicking here.

The special use permit for the artificial lake was approved, with dissention on the parts of Trustees Gohl and Harrington.  Despite the fact that Trustee Konicek explained the Zoning Board had thoroughly reviewed the application and had approved it unanimously at their August meeting, both trustees voted no.

Perhaps the fact that the vocal objector with “issues” with the property owner  (that were unrelated to the alteration of the lake) is related to a former Trustee had some influence in their decision.

The other major issue weighing on most residents’ minds came after a break for executive session:  the settlement of a lawsuit against the Village over the passage of the LeCompte/Anderson Commercial Horse Boarding Amendment earlier this year.

Before any discussion or vote occurred, the Village Attorney read a summary of the terms of the settlement into the public record which had been discussed at length during executive session.  Click here to listen to the recording of the Village Attorney’s summary.

Trustees were then provided an opportunity to speak about their sentiments toward the settlement, the amendment, and in some cases, the process that let to its passage, as well as their disposition regarding settlement.  Most readers will find opinions that they agree or disagree with, however we strongly encourage all readers to listen to these comments which can be heard by clicking here.

When the time came to vote, Trustees Gohl and Harrington voted no, Trustee Maison abstained, and Trustees Cecola, Croll and Konicek as well as President McLaughlin voted in favor of the resolution to settle.

The link to the menu of edited recordings for the full meeting, by topic, can be accessed by clicking here.

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Oakwood Farm Operation

Last evening the Village Board spent time during executive session to discuss one last time whether to settle the suit filed against the Village by residents over the passage of the Commercial Horse Boarding Amendment earlier this year during their regular monthly meeting.  Part of the settlement meant voiding the controversial amendment, which has come to be referred to as the “LeCompte/Anderson” or “Anderson II” amendment.

After each trustee was provided an opportunity to comment on their views on the matter, we’re told the Board voted to settle the suit.  Four members voted in favor of settlement, two opposed and one trustee chose to abstain.

We’ll provide further detail on the meeting once Village Hall staff post the audio recordings to the Village website.

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Oakwood Farm Operation

We’ve had the opportunity to listen to the recordings from the September 23rd Special Village Board Meeting to hear public comment on whether to settle a suit filed against the Village over the Recent Commercial Horse Boarding code amendment.  Additionally, we’ve read all the published written comments which were submitted (seen here).

Thirty-nine people provided comments for the board to review.  None of them criticized horses, nor did they call for banning boarding in Barrington Hills.  No one called for existing horse boarding operations to be shuttered, and not one complaint was voiced against a neighboring barn, so it’s fair to say current boarding operations (save for one) are not in peril in Barrington Hills based on this small sampling.

What those in favor of settling the lawsuit against the Village have in common, though, are serious issues with the Commercial Horse Boarding amendment.  In fact, very few mentioned the suit at all except that it provided a means to revisit the legislation.

Those opposed to settling the suit mentioned it quite often, particularly naming one of the litigants in the matter, Jim Drury.  A few people stated they believed there is some political favoritism going on with the settlement being considered, particularly on the part of the Village President, yet they failed to make any substantial case to support their accusations, since they are baseless.

And if the purpose of the speedy passage of the Commercial Horse Boarding amendment in four months (including five special Zoning Board meetings), was an effort to ease the minds of all the larger existing boarding operations, why did those owners not speak or submit written comments?  Furthermore, why were the owners of those facilities not mentioned at all?

For lack of substantial arguments in favor of fighting the lawsuit, some, particularly five members of the failed Save Open Space (SOS) party and the former Village President, chose to use the podium that night for political purposes.  President McLaughlin is to be commended for giving them a wide berth to let them vent their frustrations, which became abusive at times.  Hopefully, they found some consolation in being allowed to vent their anguish while providing entertainment for some others in the audience.

What seems to be clear from all we’ve heard and read is that most residents would like some say in whether their neighbors can establish a horse boarding operation beyond just a stall or two for friends in an existing barn.  This is why they cannot accept the Commercial Horse Boarding amendment, which allows anyone to do so without complying with the more stringent terms of current Home Occupation Ordinance or without a special use permit.

It’s our hope the Village Board repeals the Commercial Horse Boarding Amendment.  They should then send the last recommendation for horse boarding proposed by the Zoning Board in 2011 (seen here), which did take many years to develop, to the Zoning Board and/or Plan Commission for further review and revision for passage.

-The Observer

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Friday FlashbackFollowing are some of the articles published by The Observer for the month of September 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

Barrington Area Conservation Trust Completes Conservation on Rare Land – 2012

The Barrington Area Conservation Trust announced that it has completed a conservation easement on a rare native gravel hill prairie in Barrington Hills, which will ensure that both the prairie ecosystem and equestrian trails on the property will be preserved in perpetuity.

This Barrington Patch story can be read here.

Why Public Safety Mergers Are Inevitable – 2013

More than ever, the local cop, firefighter or emergency responder may not be from the neighborhood.

A Better Government Association investigation finds municipal budget shortfalls are forcing a growing segment of Northern Illinois suburbs to consider what was once unthinkable: Merging basic hometown public safety operations with neighboring or regional governments, such as the county sheriff’s departments.

Read more of the Better Government Association’s recent article here.

Couple battle forest preserve over Barrington Hills estate – 2013

The owners of Horizon Farms — a 400-acre Barrington Hills estate and horse farm — have filed a federal lawsuit accusing the Forest Preserve District of Cook County of conspiring to pay $14 million for their Barrington Hills horse farm while they were fighting foreclosure.

Read more of the Daily Herald story here.

13-year lawsuit of Sears vs. Barrington Hills, South Barrington settled – 2014

A lawsuit filed in 2001 by Sears Holding Corp. against Barrington Hills and South Barrington has been settled with no money changing hands.

Sears claimed the two villages cost the company $15 million by interfering with its development plans. It filed the suit to remove land-use restrictions the villages placed on a portion of Sears’ 780-acre business park, located entirely in Hoffman Estates.

Barrington Hills and South Barrington had authority over use of the land as the result of a 1980s legal battle stemming from noise complaints at Poplar Creek Music Theater, which closed in 1994. The restrictions added height and setback limitations to the existing Hoffman Estates zoning code.

Read more from the Business Ledger here.

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The Village has released edited recordings from the special Village Board meeting held at Countryside School on September 23rd to hear residents’ comments regarding the potential settlement of a lawsuit brought against the Village over the Commercial Horse Boarding amendment.

Twenty-six people spoke that evening, however there are twenty-eight recording tracks because two people ran over the time limit and others continued to read their prepared speeches.  We’ll be providing our analysis of the comments later in the week, once we’ve had an opportunity to fully review them, but in the meantime, we do have some observations to share with our readers.

In 2014, multiple attorneys, including Village Counsel Patrick Bond, on multiple occasions advised the Village Board members at that time not to pursue or enact any legislation that might favor one party over another in a then private lawsuit (Drury v LeCompte).  Doing so would most likely cause the Village to become a party in the suit they were warned.

Despite this advice, five Trustees voted for the Commercial Horse Boarding amendment.  To make things worse, the amendment that was approved began with a proposed draft from one of the litigants in the private suit, Dr. LeCompte.

During Wednesday’s special meeting two former Trustees who voted in favor of passing that legislation certain to get the Village sued strongly advised the Village Board not settle the suit brought on by their ill-advised actions.  In other words, they advocated that our tax dollars should be wastefully spent defending their actions.

Is it any wonder why these two are now former Trustees?

The link to the full menu of the September 23rd special meeting recordings can be accessed by clicking here.

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Special BOT Sept 23The Village Board of Trustees will be holding a special meeting this Wednesday evening, September 23rd, at Countryside Elementary School at 6:30 PM.  The purpose of the meeting is to hear public “comment on the potential settlement” of a lawsuit filed against the Village over the enactment of the Commercial Horse Boarding Amendment to our Village Code.

If our Village Board chooses to settle the suit, it is our understanding the boarding amendment will likely be voided, and work will need to begin on drafting new codes.  If the suit is not settled and proceeds in the courts, we’ll likely be faced with legal expenses for a protracted period of time (likely years) defending the amended code.

Those wishing to submit their comments in advance of the meeting can do so via email to the Village Clerk at clerk@vbhil.gov through tomorrow, September 22nd.  Comments can also be dropped off at Village Hall, or faxed to 847-551-3050.

While we’re no longer obligated to provide our addresses in written or public comment, we believe it’s important to at least indicate whether you are a resident or not along with your comments.

Also, for those unfamiliar with the Commercial Horse Boarding code amendment in question, our perspectives from December of last year were summarized in “Our views on the latest horse boarding text amendment proposal.” Click here to read that article which cites our major points of contention with the amendment.

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