MINUTES OF A MEETING OF THE BOARD OF TRUSTEES OF THE VILLAGE OF NORTH BARRINGTON WHICH WAS HELD WEDNESDAY, SEPTEMBER 25, 2013 AT THE NORTH BARRINGTON VILLAGE HALL, 111 OLD BARRINGTON ROAD I. Call to Order and Roll Call At 7:44 p.m. President Pino, called the Meeting to order. The Deputy Village Clerk called the roll and then led the pledge of Allegiance. Present in Person: Absent: Also Present: President Pino, Trustees Boland, Pais, Smith and Weiner Trustee Andrew Village Clerk Kathy Nelander J.W. Braithwaite, Village Attorney Kris Lennon, Deputy Village Clerk Bruce and Janice Sauer, 23 Hidden Brook Lane Susan Allman, 425 Mockingbird Lane Nancy Schumm, Schumm Consulting, LLC John Cifonelli, 297 Oxford Road Gery Herrmann, 297 Kimberly Road M/M Steve Lutz, 112 Cherry Hill Road Alison Landeck, 112 Old Barrington Road Cameron Pease, 112 Old Barrington Road Paul Wilson, Wilson’s Fencing Service, Inc., Crystal Lake Dara Saunders, 104 Cherry Hill Road John Schnure, 224 Orchard Road Paul Wilson, 6007 Chestnut Court, Crystal Lake Dyllis Braithwaite, 540 S. Hough Street Kathleen Leitner, 219 E Lake Shore Drive, Tower Lakes Camille Koertner, 58 S. Wynstone Drive M/M Kevin Richardson, 28433 Casey Court, Lake Barrington Robert Abboud, 13 County Oaks Lane, Barrington Hills Brian Battle, 200 White Oak Court, Barrington M/M Robert Oliver, 480 Eton Drive Karen Daulton Lange, 8 Golfview, Lake Barrington Tom Leonard, 661 Shoreline Road, Lake Barrington Cara Kretz, 31 S. Wynstone Drive Bob Ritschel, 284 Oxford Road Nick Sauer, 416C Old Barrington Road Adam Sauer, 1212 N. Wells Street, #306, Chicago Sharon Schmidt, 130 W. Russell Street, Barrington Bruce Kramper, 178 Pheasant Run Trail Louise Pozzi, 2360 Oak Hill Road, Lake Barrington Kim Pesavento, 586 Golfview Drive 09/25/13 - Page 2 of 12 II. RESOLUTION A. Approve Resolution # 2682 advising and consenting to the President’s appointment of Janice Sauer as Village Trustee, filling the unexpired term of Trustee Mark Kolar ending April 30, 2015. Motion: Trustee Boland moved to approve Resolution #2682; seconded by Trustee Weiner. Discussion: There was no discussion. Vote on Motion By Roll Call: Ayes: Trustees Boland, Pais, Smith and Weiner Nays: None Absent: Trustee Andrew Abstain: None President Pino declared the Resolution approved. III. SWEARING IN OF INCOMING BOARD MEMBER A. Oath administered to Trustee Janice Sauer President Pino asked Janice Sauer, 23 Hidden Brook Lane, to come forward in order to be sworn in. President Pino administered the Oath to Janice Sauer as Village Trustee and Trustee Sauer was seated with the Board. IV. PUBLIC COMMENT John Schnure, 224 Orchard Road, addressed the Board to recommend trimming the overgrowth of weeds/branches in Village right of ways. He is of the understanding that there is a current work order with Cuba Township Highway Department to trim the Village right of ways; however, noted that the Village’s back roads have not been trimmed. He strongly suggested trimming Glen Circle. President Pino stated that he spoke with Cuba Township Highway Commission Randy Marks who is aware of the overgrowth and will continue to work on the Village right of ways. Mr. Schnure suggested that the Village take down signage within the Village that is outdated or not visible due to the overgrowth of weeds. V. VILLAGE COMMISSION MEMBERS COMMENT John Cifonelli, 297 Oxford Road, addressed the Board as the Village Zoning Board of Appeals Chairman. 09/25/13 - Page 3 of 12 Mr. Cifonelli recommended that the Village Code be amended to allow horse fences. The Village Code currently permits a maximum fence height of 46” however; a horse fence requires a minimum of 54”. The Zoning Board of Appeals met in September with applicants applying for a zoning variation in order to construct a horse fence on their property. Mr. Cifonelli noted that Section 10-1-1(B) of the Village Code may need to be examined as modern technology has advanced. Mr. Cifonelli noted that a recent zoning matter addressed an issue where a new septic system was approved on an approximate 20,000 sq. ft. non-conforming lot. Gery Hermann, 257 Kimberly Road, addressed the Board as Plan Commission Chairman. Mr. Herrmann stated that the Plan Commission continues to work on revisions to the Village’s Comprehensive Plan. President Pino requested that the Plan Commission review the issues mentioned by Mr. Cifonelli. VI. CONSENT AGENDA Motion: Trustee Boland moved, seconded by Trustee Weiner, that the consent agenda consisting of the following agenda items be approved: A. B. C. D. E. F. Approve Minutes of Regular Board Meeting, 8/28/13 Approve 9/25/13 Vouchers for payment of bills Approve the Treasurer’s Report for the 4th month of Fiscal Year 2014 Approve Resolution # 2683 appointing Chris Nolan to the Parks Commission (filling the unexpired term of Terri Wall) for a term ending June 30, 2014 Approve Resolution # 2684 appointing Lawre Weiner as an Alternate member of the Barrington Area Council of Governments Executive Board Motion to approve a Proclamation proclaiming October, 2013 as Domestic Violence Awareness Month Discussion: There was no discussion. Vote on Motion By Roll Call: Ayes: President Pino, Trustees Boland, Pais, Sauer, Smith and Weiner Nays: None Absent: Trustee Andrew Abstain: None President Pino declared the motion approved. VII. ORDINANCES/RESOLUTIONS 09/25/13 - Page 4 of 12 A. Consideration of Ordinance # 1243, Zoning Variation Request submitted by Ms. Alison Landeck and Mr. Cameron Pease, 112 Old Barrington Road, North Barrington, IL 60010 ZONING VARIATIONS NEEDED: ZR-10-4-4(E) No horses shall be housed or grazed within two hundred feet (200’) of an adjacent property owner’s dwelling. The existing stable is located approximately 195 feet from the dwelling at 120 Old Barrington Road. The proposed fencing around the perimeter of the horse pasture area will be located approximately 110 feet from the dwelling at 120 Old Barrington Road and approximately 180 feet from the dwelling at 112 Cherry Hill Road. ZR-10-11-2(B) Except as otherwise permitted or required by this chapter or by this code, no fence shall be more than forty two inches (42”) in height at any point, including vertical posts, columns, or pillars. The proposed three board Oak fencing and associated access gates along the South and East sides of the pasture will have an overall height of approximately fifty six inches (56”). The proposed woven wire fencing and associated access gates installed along the West and North sides of the pasture will have an overall height of approximately forty eight inches (48”). The proposed galvanized steel panel fencing forming the interior pastures have an overall height of approximately sixty inches (60”). ZR-10-11-2(C) All fences shall be constructed of wood, stone, brick, wrought iron, aluminum, or synthetic materials that are molded and give the appearance of wood, stone, brick or wrought iron fences. No barbed wire, razor wire, other sharp or hazardous materials are allowed for use on any type of fence. No aboveground electrically charged fences are permitted. Underground magnetically coupled dog fences (commonly known as invisible fences) are allowed. No fence or part thereof that is of the form, shape or structure or a chain link, or mesh like, or wire fabric, made of any material (including, but not limited to, metal or plastic) is permitted. The proposed fencing along the West and North sides of the pasture will be 2” x 4” woven wire constructed from Class III galvanized high-tensile steel with one strand of white vinyl coated high-tensile steel top wire. 09/25/13 - Page 5 of 12 The proposed gates and interior pasture fencing will be tubular hot dip galvanized steel. John Cifonelli, Zoning Board of Appeals (ZBA) Chairman, addressed the Board and explained that the ZBA unanimously approved one of the three zoning variations. ZR-10-11-2(B) was unanimously approved with a favorable recommendation however; ZR-10-4-4(E) and ZR-10-11-2(C) were denied. Neighbors objected to the appearance of the proposed wire fence and to the distance of the proposed fence to their dwelling. The owner who resides at 112 Cherry Hill Road was significantly opposed to both the distance and appearance of the proposed (wire) fence. Chairman Cifonelli additionally noted that the property at 112 Old Barrington Road has a long history of being horse property. President Pino reviewed the zoning variations with Chairman Cifonelli. It was noted that the ZBA unanimously denied the proposed wire fence and preferred a three board oak fence for the entire perimeter. Cameron Pease and Alison Landeck, 112 Old Barrington Road, addressed the Board. Ms. Landeck stated that she and her husband are withdrawing their zoning variation request for ZR-10-11-2(C) pertaining to the proposed wire fence. It was noted that there is existing agricultural wire fence that is covered by buckthorn on the south side (near the Village’s property) and the west side of the petitioner’s property. Village Attorney J.W. Braithwaite noted that the petitioners purchased the property from the Village and at the time of purchase, they specifically inquired whether horses were permitted. They were that told that horses were permitted. Ms. Landeck explained that a distance of approximately 180 ft. exists between the proposed fence and the property located at 112 Cherry Hill Road and; a distance of approximately 110 ft. exists between the proposed fence and the property located at 120 Old Barrington Road. The petitioners spoke to the residents located at 120 Old Barrington Road and noted that they do not object to the petitioner’s request. Ms. Landeck stated that they would like to use the existing barn and paddock area for their horses. She explained that there are existing trees located on the property that cannot be removed which contributed to the design of the fence as they plan to utilize the full extent of the property and the existing contours of the pasture. It was noted that the applicants submitted a proposal from Wilson’s Fencing Service, Inc. Paul Wilson of Wilson’s Fencing Service, Inc. was in attendance and available for questions. Kristi Lutz, 112 Cherry Hill Road, addressed the Board and explained that she has issue with the 180 ft. distance of the proposed fence from their dwelling. She explained that the distance between her house and the proposed fence does not meet the requirements of Village Zoning 09/25/13 - Page 6 of 12 Regulations and that the regulations were written to protect neighboring properties from pastures being located too close to adjacent dwellings. Ms. Lutz suggested that the petitioners move the proposed fence toward their house. It was noted that Ms. Lutz did not have an issue with the height of the proposed fence. Trustee Boland stated that the 20 ft. difference (between the proposed fence and the property located at 112 Cherry Hill Road) was not a major issue and considered it a minimal variation. Trustee Boland suggested that the Board approve the variation request. Trustee Pais stated that the petitioners could revise their plans and move the proposed fence inward 20 ft. toward their house and still have adequate room for the horses. Trustee Boland replied that the location of the petitioner’s septic system limits the area for a pasture and horses. Ms. Landeck noted that they would like to use the entire western portion of the property for the pasture. Trees as well as the location of the septic system limits the use of land needed for a pasture. Mr. Pease explained that they recently cleared a great deal of buckthorn on the west side of their property near the existing wire fence which currently makes their property more visible to the neighbors. President Pino noted that Village is an equestrian community. Ms. Lutz stated that there have not been horses on the property located at 112 Old Barrington Road for approximately 15 years. There was discussion among the Board about the number of horses allowed per acreage. Motion: Trustee Boland moved to approve ZR-10-4-4(E); seconded by Trustee Smith. Discussion: There was some discussion. Vote on Motion By Roll Call: Ayes: Trustees Boland, Sauer, Smith and Weiner Nays: Trustee Pais Absent: Trustee Andrew Abstain: None President Pino declared the motion approved. Steve Lutz, 112 Cherry Hill Road, addressed the Board and asked who would measure the distance of 180 ft. from his dwelling. 09/25/13 - Page 7 of 12 President Pino advised Mr. Lutz to contact the Village Building and Zoning Officer. Mr. Pease and Ms. Landeck stated that the proposed fence would be 54 to 56 inches in height and made of wood. Motion: Trustee Boland moved to approve ZR-10-11-2(B); seconded by Trustee Weiner. Discussion: There was some discussion. Vote on Motion By Roll Call: Ayes: Trustees Boland, Pais, Sauer, Smith and Weiner Nays: None Absent: Trustee Andrew Abstain: None President Pino declared the motion approved. President Pino noted for the record that the request for zoning variation ZR-10-11-2(C) was withdrawn from petitioners’ proposal at their request. The petitioners proposed to construct a three board oak fence 54 to 56 inches in height around the proposed perimeter of the property. Village Attorney J.W. Braithwaite recommended that the Board approve an Ordinance granting the zoning variations ZR-10-4-4(E) and ZR-10-11-2(B) and deleting ZR-10-11-2(C). Motion: Trustee Boland moved to approve Ordinance #1243 granting the approval of zoning variations ZR-10-4-4(E) and ZR-10-11-2(B) and deleting ZR-10-11-2(C) from the zoning variation request for the property located at 112 Old Barrington Road; seconded by Trustee Smith. Discussion: There was some discussion. Vote on Motion By Roll Call: Ayes: Trustees Boland, Pais, Sauer, Smith and Weiner Nays: None Absent: Trustee Andrew Abstain: None President Pino declared the Ordinance adopted. VIII. ADMINISTRATION – President Albert R. Pino A. Consideration of additional billing – Oxford Road Pavement Removal (first phase) President Pino explained that the contractor, Rose Farm Paving, encountered unforeseen site conditions regarding the pavement thickness. The Village’s engineer anticipated 6-inch pavement thickness and Rose Farm Paving stated that they encountered 12-inch thickness which caused additional truckloads for pavement removal. Village Engineer John Tierney, Baxter & Woodman, Inc. reviewed the invoice submitted by Rose Farm Paving and suggested that that additional loads were most likely necessary however; not as many as they invoiced. Mr. Tierney 09/25/13 - Page 8 of 12 recommended that the Village compensate Rose Farm Paving for the amount of $4,573.61 (of the $8,409.00 invoiced). There was brief discussion among the Board. Motion: Trustee Boland moved to approve the amount of $4,573.61 for additional compensation to Rose Farm Paving related to the pavement removal on Oxford Road between Glen Circle Drive and Brookside Road; seconded by Trustee Weiner. Discussion: There was some discussion. Vote on Motion By Roll Call: Ayes: President Pino, Trustees Boland, Pais, Sauer, Smith and Weiner Nays: None Absent: Trustee Andrew Abstain: None President Pino declared the motion approved. B. Consideration to award bid – Oxford Road Infrastructure Removal (second phase) President Pino stated that the second phase of the Oxford Road project requires the removal of two culverts. Bids were opened at the Village on 9/16/13 and only one bid was received from Copenhaver, Inc. in the amount of $75,515.00. It was noted that the Village Engineer, Baxter & Woodman, Inc., sent requests for bids out to all of the known contractors and that the bid received was below the engineers cost estimate. President Pino stated that Copenhaver, Inc. is a qualified excavation company. Village Clerk Kathy Nelander stated that funds for the project would be taken out of the funds received from the County for the Miller Road project. Trustee Boland recommended that the Board proceed with the project. Motion: Trustee Boland moved to approve the award of contract to Copenhaver Construction, Inc. in the amount of $76,515.00 for the Oxford Road project (second phase); seconded by Trustee Weiner. Discussion: There was some discussion. Vote on Motion By Roll Call: Ayes: President Pino, Trustees Boland, Pais, Sauer, Smith and Weiner Nays: None Absent: Trustee Andrew Abstain: None President Pino declared the motion approved. C. Resurfacing Village Hall Parking Lot 09/25/13 - Page 9 of 12 President Pino withdrew the matter from the agenda. D. Consideration to accept proposal for Material Testing Services – 2013 Road Program President Pino explained that material testing for the 2013 Road Program is required. Village Engineer Gewalt Hamilton Associates, Inc. obtained proposals for the testing and recommended that Soil & Material Consultants, Inc. be awarded the contract in the amount of $2,843.00. Motion: Trustee Boland moved to approve the award of contract to Soil and Material Consultants, Inc. in the amount of $2,843.00 for the material testing for the Village’s 2013 Road Maintenance Program; seconded by Trustee Smith. Discussion: There was some discussion. Vote on Motion By Roll Call: Ayes: President Pino, Trustees Boland, Pais, Sauer, Smith and Weiner Nays: None Absent: Trustee Andrew Abstain: None President Pino declared the motion approved. E. Nancy Schumm, Schumm Consulting, LLC 1. Flint Creek Restoration – Log Jam Removal Nancy Schumm, Schumm Consulting, LLC addressed the Board. Nancy explained that there is a log jam in the creek which may affect the restoration work and recommended that the Village remove the logs. She submitted a proposal in the amount of $1,500.00 from Bob’s Landscaping to remove the logs. The cost would qualify as a match under the grant received for the Flint Creek Restoration project. It was noted that the logs will be chopped and burned on site. Trustee Pais noted that the logs are on private property and is concerned about setting a precedence clearing debris on private property. Trustee Pais stated the issue came up during the Plan Commission meeting. There was discussion among the Board and Ms. Schumm about the Village setting a precedence by performing work on private property. President Pino and Ms. Schumm noted that the logs may compromise the restoration work previously performed on the creek. Motion: Trustee Pais moved to approve the amount of $1,500.00 to Bob’s Landscaping for clean–up work (log jam & debris removal) on Flint Creek; seconded by Trustee Boland. Discussion: There was some discussion. 09/25/13 - Page 10 of 12 Vote on Motion By Roll Call: Ayes: Nays: Absent: Abstain: President Pino, Trustees Boland, Pais, Sauer, Smith and Weiner None Trustee Andrew None President Pino declared the motion approved. Ms. Schumm stated that the additional work south of the property located at 257 Kimberly (Herrmann) as well as the downstream modification (Kalinowski’s property) was completed and approved by the Stormwater Management Commission (SMC). She noted that SMC would be reimbursing the Village with a check in the amount of $10,000 for the restoration project. Ms. Schumm explained that the boundary survey was completed regarding the proposed pathway to Eton Park. There are plans to have the pathway mowed in order to identify Village boundaries. The mowing would additionally allow the residents to see the extent of the path. Ms. Schumm noted that she has informed the Parks Commission. E. Volunteers Needed: Village Treasurer, Environmental & Health Commission (4), Parks Commission (1), Plan Commission (3) President Pino explained that the Village is seeking volunteers to fill the vacant positions on the Environmental & Health Commission, the Parks Commission, and the Plan Commission. The Village is also in need of a Village Treasurer. President Pino noted that should no one volunteer for the treasurer position, the Village may have to create a paid position. F. Update – Bridge/Driveway Construction 443, 444, 446 Signal Hill Road Village Engineer Al Stefan, Ruekert & Mielke, Inc. addressed the Board to provide an update. He explained that the owners continue to work thru the permitting process which includes working with a number of agencies including the Army Corps of Engineers. The owners have decided not to pursue a Special Service Area. They have contacted the Fire Department to work out specifics and; the utility issues were resolved. G. Village Update President Pino stated that Village requested extra patrol for cut-through traffic in Biltmore & Oaksbury, as well as Indian Trail Road. Miller Road is scheduled to re-open on October 26th. President Pino stated that he met with Lake County Officials Craig Taylor and Nick Sauer, Lake County Stormwater Management Representative Mike Warner, Village Engineer John Tierney, among others, to discuss regional stormwater issues. 09/25/13 - Page 11 of 12 President Pino stated that he met with Cuba Township Highway Commission Randy Marks and Cuba Township Supervisor Dave Nelson to discuss the Village Intergovernmental Agreement (IGA) with the Cuba Township Highway Department. A proposed contract was distributed to the Board. President Pino asked that the Board review the IGA in order to consider the matter next month. President Pino stated that the Village’s Fall Festival will be held Sunday, October 6th from 14pm. He encouraged the Board and residents to attend. President Pino stated that the Barrington Area Council of Governments (BACOG) will be holding a Water Quality Testing Event in October. He noted that residents may pick up their test kits at the Village Hall October 21st - 24th. Test kits are $14.00. President Pino stated that BACOG will be holding its annual BACOG Member Dinner for Village and Township Officials on November 1, 2013. He encouraged the Board to attend. Trustee Boland concurred. President Pino congratulated Mr. Cifonelli for being appointed as a member of the State Housing Appeals Board by Governor Quinn. Village Attorney J.W. Braithwaite noted that Mr. Cifonelli’s appointment to the State Housing Appeals Board is significant to the Village and BACOG. IX. REPORTS BY BOARD OF TRUSTEES A. Trustee Jackie Andrew Trustee Andrew was absent. B. Trustee Pete Boland Trustee Boland had no report. C. Trustee Martin Pais Trustee Pais reported that the Plan Commission continues to work on revisions to the Village’s Comprehensive Plan. D. Trustee Todd Smith Trustee Smith reported that there is an upcoming Lake County educational seminar which will discuss stormwater management/groundwater issues. Details to be provided. He also noted the importance of residents testing their well water via the BACOG Water Quality Testing Event in October. 09/25/13 - Page 12 of 12 E. Trustee Lawrence Weiner Trustee Weiner had nothing to report. X. CLOSED SESSION There was no closed session. XI. OLD BUSINESS There was no old business to discuss. XII. NEW BUSINESS There was no new business to discuss. XIII. ADJOURNMENT There being no further business to come before the Board, Trustee Weiner moved to adjourn the meeting; seconded by Trustee Smith. The voice vote was unanimous in favor. At 9:04 p.m. President Pino declared the meeting adjourned. These Minutes were approved by the Board at a meeting held October 23, 2013. Attest:________________________ Kris Lennon, Deputy Village Clerk