MINUTES OF A MEETING OF THE BOARD OF TRUSTEES
OF THE VILLAGE OF NORTH BARRINGTON WHICH WAS HELD ON WEDNESDAY,
FEBRUARY 25, 2015 AT THE NORTH BARRINGTON VILLAGE HALL,
111 OLD BARRINGTON ROAD, NORTH BARRINGTON, IL
I.
Call to Order and Roll Call
At 7:40 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:
II.
President Pino, Trustees Andrew, Boland, Pais, Sauer, Smith and Weiner
(Trustee Weiner arriving at 8:20 p.m.)
None
Kathy Nelander, Village Administrator
Village Attorney J.W. Braithwaite
Kris Lennon, Deputy Village Clerk
Al Stefan, Village Engineer, Ruekert Mielke
John Tierney, Village Engineer, Baxter & Woodman, Inc.
Nancy Schumm, Schumm Consulting, LLC
Susan Allman, Village Forester
John Cifonelli, 297 Oxford Drive
M/M Mike Monreal, 254 Shady Lane
M/M Mike Glantz, 260 Shady Lane
Matthew Felson, 253 E. Drury Lane
Gery Herrmann, 257 Kimberly Road
Janet Agnoletti, BACOG, Executive Director
Kurt O. Thomsen, Flint Creek Watershed Partnership Coordinator
Bill Graft, Biltmore Country Club, Attorney
Albert W. Schlick, Wauconda Fire District
Lieutenant Christopher Thompson, Lake County Sheriff
PUBLIC COMMENT
Bill Graft, Attorney for the Biltmore Country Club (BCC) addressed the Board to notify the Village that
BCC is planning to seek a zoning change for the property located at 530 Castleview Court from a legal
non-conforming “R-3” to “C” Club Zoning District. The proposed improvements would create open
space with a small “short game” golf practice area and include extensive natural landscape. The existing
home, garage, and driveway would be demolished. The subject property is contiguous to the Biltmore
Cart Barn to the north and the Driving Range to the west.
It was noted that owner of the house located at 530 Castleview Court requested post-possession terms
which would allow the owner to reside in the house until June 1st.
Village Attorney J.W. Braithwaite noted that the request would proceed to the Plan Commission and
that the public hearing would be held in April due to publication requirements.
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There were a few questions from the Board addressed by Attorney Graft.
President Pino thanked Attorney Graft for his comments.
III.
VILLAGE COMISSION MEMBERS COMMENTS
There was no one that wished to speak.
IV.
CONSENT AGENDA
Motion: On motion of Trustee Boland, seconded by Trustee Sauer, the consent agenda
consisting of the following agenda items was approved:
A.
B.
C.
D.
E.
Motion to approve Minutes of Regular Board Meeting, 1/28/15
Motion to approve 2/25/15 Vouchers for payment of bills
Motion to approve the Treasurer’s Report for the 9th month of Fiscal Year 2014
Motion to approve Arbor Day Proclamation
Motion to approve Wynstone request for Fireworks Display on Saturday, July 4th, 2015
Discussion: There was no discussion.
Vote on Motion
By Roll Call: Ayes:
President Pino, Trustees Andrew, Boland, Pais, Sauer, and Smith
Nays:
None
Absent:
Trustee Weiner
Abstain:
None
President Pino declared the motion approved.
V.
PRESENTATIONS
A.
Kurt O. Thomsen, BACOG Groundwater Monitoring System Protocol
Dr. Kurt O. Thomsen, KOT Environmental Consulting, Inc., addressed the Board to discuss the report
on the Development of a Groundwater Monitoring System Protocol and Determination of Baseline
Surface and Groundwater Water-Level Conditions for the Barrington Area Council of Governments
(BACOG) dated January 2015. It was noted that Dr. Thomsen is a hydrogeologist and BACOG’s
groundwater program advisor.
Dr. Thomsen explained that BACOG initiated a water resource initiative to study and monitor
groundwater conditions in the area. The BACOG groundwater monitoring system protocol when
complete, will provide information on the state of the shallow aquifer and the interaction of the
groundwater with the surface. Baseline surface and groundwater level conditions will be determined
during the initial data collection and; the results of subsequent data collection efforts will be compared
to the baseline conditions to establish any positive or negative changes to these conditions.
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It was noted that recent work completed by the Illinois State Water Survey (ISWS) indicated that the
availability of groundwater as a water source may be adversely impacted by the year 2050.
President Pino stated that the Board is considering placing water level recorders on Honey Lake Drain
and Dog Bone Lake. He inquired whether the water monitoring efforts would be duplicitous of the Flint
Creek Watershed Partnership’s water monitoring efforts.
Dr. Thomsen replied that the efforts would not be duplicitous and provide additional information.
President Pino stated that BACOG’s report reflected an increase in groundwater in Algonquin. Dr.
Thomsen explained that report information from ISWS actually indicated a decrease in groundwater in
Algonquin which may be a result of special geology.
President Pino asked when the next series of tests would be performed. Dr. Thomsen noted that more
data would be collected in 2016 and compared with the January 2015 report.
Trustee Andrew inquired about possible solutions to the decrease in groundwater. Dr. Thomsen
indicated that the process cannot be stopped, but can be slowed down. The collected data serves as a tool
to predict future water levels.
Trustee Pais inquired about the proposed water level recorders for Honey Lake Drain and Dog Bone
Lake. There was discussion among the Board about Village dams (barriers) and how they may be
affecting lake levels.
President Pino thanked Dr. Thomsen for his attendance and for answering questions from the Board.
VI.
CODE AMENDMENTS/ORDINANCES/RESOLUTIONS
A.
Consideration of Ordinance #_____, Amending the Zoning Ordinance to allow limited quantities
of Bees and Hens (no roosters) on residentially zoned property as recommended by the Plan
Commission (Lake County allows Bees and Hens in unincorporated Lake County)
Trustee Boland suggested that the matter be tabled as it was his opinion that the matter needed
additional publicity in order to notify more residents.
It was noted that chickens are permitted in the Village as pets of children under the age of eighteen (18)
years with no more than two (2) such fowl permitted for each acre of land, with the total not to exceed
six (6) fowl.
Gery Herrmann, 257 Kimberly Drive, addressed the Board as the Plan Commission Chairman and stated
that the Plan Commission held a public hearing regarding the matter however; attendance was low. It
was noted that there were not any residents who submitted written or verbal comments.
Trustee Boland recommended that additional information be provided in a Village newsletter and tabled
until the April Board meeting.
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Trustee Pais suggested that additional information on waste haulers be included in the Village
newsletter.
It was the general consensus of the Board to include the proposed bees/hens ordinance and waste hauler
information in the Village newsletter.
Village Administrator Kathy Nelander stated that she would prepare a spring newsletter.
Motion: Trustee Boland moved to table the Consideration of Ordinance #_____, Amending the Zoning
Ordinance to allow limited quantities of Bees and Hens (no roosters) on residentially zoned property as
recommended by the Plan Commission until the April Board meeting; seconded by Trustee Andrew.
Discussion: There was some discussion.
Vote on Motion
By Roll Call: Ayes:
Trustees Andrew, Boland, Pais, Sauer, and Smith
Nays:
None
Absent:
Trustee Weiner
Abstain:
None
President Pino declared the matter tabled until the April Board meeting.
John Cifonelli, 294 Oxford Road, addressed the Board as the Zoning Board of Appeals (ZBA) Chairman
and added his concern that the fence requirements for chickens may conflict with Village Zoning
Regulations.
B.
Consideration of Ordinance # 1260, Amending the Zoning Ordinance to allow somewhat higher
fences where horses are maintained as recommended by the Plan Commission
ZBA Chairman Cifonelli noted that the ZBA supports the proposed ordinance amendment to allow
higher fences where horses are maintained.
Motion: Trustee Boland moved to adopt Ordinance # 1260; seconded by Trustee Pais.
Discussion: There was some discussion.
Vote on Motion
By Roll Call: Ayes:
Trustees Andrew, Boland, Pais, Sauer, and Smith
Nays:
None
Absent:
Trustee Weiner
Abstain:
None
President Pino declared the Ordinance adopted.
It was noted that Trustee Weiner arrived during this portion of the meeting.
C.
Consideration of Ordinance # 1261, Zoning Variation Request submitted by Mr. & Mrs. Michael
Monreal, 254 Shady Lane
ZONING VARIATIONS NEEDED:
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ZR-10-1-2(B) and
ZR-10-4-2(A,1,b):
A non-conforming building or use shall not be expanded.
The property at 254 Shady Lane (Lots 10, 11 and 12 in Block 22 of Biltmore Country
Estates Unit No. 1) is a non-conforming use in the R-3 District by reason of lot area.
Properties in the R-3 District shall have a minimum lot area of 40,000 square feet.
The area of the subject property is approximately 19,961 square feet.
ZBA Chairman Cifonelli addressed the Board and explained that the applicants are seeking to construct
a two-car detached garage in order to create additional storage for their expanding family. It was noted
that the applicant’s property is a non-conforming use in the R-3 Zoning District by reason of lot area.
There were no set back issues. The ZBA unanimously recommended approval to the Board.
Motion: Trustee Boland moved to approve Ordinance #1261; seconded by Trustee Sauer.
Discussion: There was some discussion.
Vote on Motion
By Roll Call: Ayes:
Trustees Andrew, Boland, Pais, Sauer, Smith and Weiner
Nays:
None
Absent:
None
Abstain:
None
President Pino declared the Ordinance adopted.
D.
Consideration of Ordinance # 1262, Zoning Variation Request submitted by
Mr. & Mrs. Mike Glantz, 260 Shady Lane
ZONING VARIATIONS NEEDED:
ZR-10-1-2(B) and
ZR-10-4-2(A,1,b):
A non-conforming building or use shall not be expanded.
The property at 260 Shady Lane (Lots 13, 14 and 15 in Block 22 of Biltmore
Country Estates Unit No. 1) is a non-conforming use in the R-3 (40,000 s.f.
Residential) District by reason of lot area. The area of the subject property is
approximately 19,966.15 square feet rather than the 40,000 square feet minimum
required for properties located in the R-3 District. The existing building is also
non-conforming by reason of an encroachment into the required rear yard setback.
The existing screen porch is located approximately 32.07 feet from the rear property
line rather than the 40.0 feet required for the rear yard setback.
ZR-10-9-2(C):
From the rear line, the setback shall not be less than forty feet (40’) or twenty
percent (20%) of the depth of the lot, whichever amount is larger.
The proposed one-story room addition will be located approximately 39.12 feet
from the rear property line rather than the 40 feet required for the rear yard setback.
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ZBA Chairman Cifonelli addressed the Board and explained that the applicants are seeking to construct
a one-story addition off the rear of the existing home in order to expand the kitchen area. Chairman
Cifonelli explained that the applicant’s property is a non-conforming use in the R-3 Zoning District by
reason of lot area and that the existing building is also non-conforming by reason of encroachment into
the required rear yard setback.
Chairman Cifonelli noted that the ZBA unanimously recommended approval to the Board.
There were a few questions from the Board addressed by Chairman Cifonelli.
Motion: Trustee Boland moved to approve Ordinance # 1262; seconded by Trustee Sauer.
Discussion: There was some discussion.
Vote on Motion
By Roll Call: Ayes:
Trustees Andrew, Boland, Pais, Sauer, Smith and Weiner
Nays:
None
Absent:
None
Abstain:
None
President Pino declared the Ordinance adopted.
E.
Consideration of Ordinance #_____, Amending Village Code Section 4-5-9 Relative to Required
Periodic Maintenance of Private Sewage Disposal Systems*
Requirement to allow for dye testing for residents who live on particular bodies of water.
The matter was removed from the agenda.
VII.
ADMINISTRATION – President Albert Pino
A.
Draft Comprehensive Plan
President Pino explained that the Village may be revising the financial section of the draft
Comprehensive Plan (Comp Plan) as the Board is waiting on the governor’s pronouncement of the
budget regarding the Local Government Distributive Fund.
Trustee Sauer stated that she reviewed the draft Comp Plan and suggested some changes under Village
Finances. The changes were distributed to the Board and discussed.
Trustee Sauer indicated that Village revenues are not “stable” as noted in the third paragraph on page 42.
She suggested that the language reflect “revenues have been stable” indicating that finances have been
stable however; the State’s budget cuts are currently uncertain. Trustee Sauer suggested removing the
sentence “Sources are currently steady and are expected to remain stable” in the third paragraph as well.
Trustee Sauer recommended revising the language in the fourth paragraph, first sentence, to reflect the
following; “Even with the housing downturn of the 90’s and until recently from 2008 through 2013, the
Village revenues remained relatively constant and diversified.”
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Trustee Sauer recommended adding “Lake County” to the first paragraph on page 44 as Lake County is
a party to the Revenue Sharing Agreement.
Trustee Sauer recommended revising the dollar amount from of $3,500,000 to $3,000,000 in the second
paragraph on page 44 and striking the last sentence.
There was discussion among the Board about incorporating the Village’s financial condition into the
Comp Plan. Trustee Boland recommended striking the entire paragraph. It was the general consensus of
the Board to strike the entire paragraph.
There was discussion among the Board and Plan Commission Chairman about the Unreserved Fund
Balance on page 44 specifically, the Village’s Fund Balance. It was the general consensus of the Board
that the Village would “maintain a desirable minimum of a six-month reserve”.
Village Administrator Kathy Nelander recommended that the draft Comp Plan be on the April Board
agenda as the March Board meeting is early due to spring break.
Plan Commission Chair Herrmann addressed the Board and inquired whether the revisions would
require the Plan Commission to have an additional public hearing.
President Pino stated that the revisions would be incorporated into the draft Comp Plan and that the
matter would be placed on the April Board agenda for consideration.
Trustee Sauer further stated that the 2004 Comp Plan references that the “Village should continue to
oppose the expansion of SRAs US Route 12, Illinois Route 59 and Illinois Route 22 ” found under
Transportation/Goal-Objectives on page 26. Trustee Sauer stated that the Village should continue to
oppose the expansion. She explained that in the year 2000, 3,000 signatures were previously acquired
from residents living in North Barrington, Lake Barrington and Fox River Grove opposing any
expansion, specifically on Route 22.
Trustee Sauer commented on the proposed language found on page 28, under Roadway Strategies,
which currently reflects that “The Village will be open to innovative methods to expand Routes 12, 22
and 59…” Trustee Sauer stated that it was her opinion that:
 The new language would be an endorsement for Illinois Department of Transportation to expand
the roads.
 Residents have not come to Board meetings asking that the roads be expanded.
 North Barrington and Lake Barrington previously hired lobbyists to oppose road expansions.
 Residents living in close proximity to Route 22 will suffer a decrease in their property values.
 Congestion may affect the services of the Lake Zurich Rural Fire Protection District located on
Route 22.
Trustee Sauer was of the opinion that the Village should continue to oppose the expansion of Route 22
or; pole the residents to find out their current opinions.
Trustee Andrew stated that she often uses Route 22 and that traffic is an issue especially during rush
hours. She suggested placing the information in the Village newsletter.
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Plan Commission Chair Herrmann stated that he was personally opposed to the expansion however; was
of the opinion that some residents have changed their mind.
President Pino noted his concern about traffic and vehicles getting to Good Shepherd Hospital in a
timely manner in the event of an emergency. President Pino was of the opinion that the word “opposed”
is outdated.
Trustee Boland noted his concern about overlooking the Villages of Lake Barrington and Fox River
Grove and recommended revising the language to accommodate the turn lanes as well as the views
expressed by the Board.
President Pino stated that he spoke to Lake Barrington President Kevin Richardson about the issue.
Village Attorney J.W. Braithwaite noted that language could be added to the Comp Plan referencing an
advisory referendum, during a national election year, to review the issue in an approximate two to three
year period.
Trustee Boland recommended that he and Trustee Sauer meet to discuss the language in addition to
working with Attorney Braithwaite.
President Pino stated that he would like a member of the Plan Commission to be included in the
discussions with Trustees Sauer and Boland.
It was the general consensus of the Board to have Trustees Boland and Sauer review the language of the
proposed roadway strategies and include a member of the Plan Commission.
Al Stefan, Village Engineer, Ruekert Mielke, addressed the Board and stated that Village met with John
Fortman of IDOT to discuss intersection improvement plans for the intersection located at Route 22 and
Route 59. Mr. Fortman indicated that IDOT does not have the funds for an expansion and are currently
pursuing other projects.
Mr. Stefan explained that IDOT initially requested more Village right-of-way which the Village
subsequently limited. Small construction easements were conveyed for the purpose of improving the
intersection.
There was further discussion among the Board about roadway strategies.
Trustee Pais asked if it would be acceptable to include another paragraph in the Village newsletter
regarding the continued discussions of the Plan Commission relative to the Comp Plan. The Board
members who spoke on the subject stated that it would benefit residents to include the information in the
newsletter.
Plan Commission Chair Herrmann stated that the Plan Commission revised the third bullet on page 23 of
the draft Comp Plan under Affordable Housing/Development Opportunities from “Northwest corner of
Route 12 and Miller Road” to “West corners of Route 12 and Miller Road” however; the changes had
02/25/15 - Page 9 of 12
not been updated in word format. It was noted that the subject property is not within the jurisdictional
boundaries of the Village.
B.
Baxter and Woodman request to waive Conflict of Interest for engineering services
John Tierney, Village Engineer, Baxter & Woodman, Inc. (B&W), addressed the Board and explained
that in June 2013, the Village experienced flooding rains that caused extensive damage to the public and
private infrastructure. The shared driveway for the subject residences of 442, 444 and 446 Signal Hill
Road had its large corrugated metal culvert washed away, however a thick concrete pavement slab
remained.
The Village staff, along with Al Stefan of Ruekert & Mielke, have been working with the homeowners
and their consultants to define a scope for an acceptable repair or replacement of the culvert/bridge. The
owners’ licensed structural engineer stopped working on the project. In an effort to expedite the project,
Mr. Stefan provided the owners with the names of three structural engineers including B&W and the
owners subsequently contacted B&W. It was noted that B&W is not under contract, however; the B&W
structural department has provided the owners with advice to narrow the scope of the project.
Mr. Tierney indicated that B&W has served the Village for many years and would like to continue their
association.
President Pino indicated that it was recommended to waive B&W’s conflict of interest for their
engineering services on this matter.
Trustee Pais asked if the Village would be liable to costs if something went wrong.
Village Attorney J.W. Braithwaite stated that the actual motion would be to “waive the conflict of
interest” and noted that by doing so, the Village would not be responsible if something went wrong with
the project. B&W would not be representing the Village in this matter.
Motion: Trustee Weiner moved to waive the conflict of interest found by having Baxter & Woodman,
Inc. provide engineering services for the owners located at 442, 444 and 446 Signal Hill Road related to
the culvert/bridge project; seconded by Trustee Sauer.
Discussion: There was some discussion.
Vote on Motion
By Roll Call: Ayes:
Trustees Andrew, Boland, Pais, Sauer, Smith and Weiner
Nays:
None
Absent:
None
Abstain:
None
President Pino declared the motion approved.
C.
Nancy Schumm, Schumm Consulting, LLC
1.
Project Update
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There was no update.
2.
Consideration of Resolution #_______, Resolution Adopting a Statement of NIMS
(National Incident Management System) Compliance per Presidential Directive HSPD-5
Nancy Schumm, Schumm Consulting, LLC, addressed the Board and stated that she previously
informed the Board that the Village’s Emergency Operations Plan (EOP) had been completed. She
explained that the proposed resolution accompanies the updated EOP and is a requirement of the
National Incident Management System (NIMS).
Trustee Pais inquired about Village costs associated with providing emergency services.
Ms. Schumm explained that if there were an emergency, the Village President is responsible for the
health and welfare of the community and the Village would have some responsibility to bring the
Village back to pre-existing conditions. Costs are associated with preparedness, recovery issues, training
officials, etc.
Motion: Trustee Weiner moved to approve Resolution 2742; seconded by Trustee Boland.
Discussion: There was some discussion.
Vote on Motion
By Roll Call: Ayes:
Trustees Andrew, Boland, Pais, Sauer, Smith and Weiner
Nays:
None
Absent:
None
Abstain:
None
President Pino declared the Resolution approved.
3.
Village Update
President Pino stated that BACOG is sponsoring an Emergency Management Regional Tabletop
Exercise on May 12th. Individuals who comprise Village Emergency Management Teams are invited.
It was noted that BACOG has limited the total number of individuals to three or fewer from each
Village.
VIII. REPORTS BY BOARD OF TRUSTEES
A.
Trustee Jackie Andrew
Trustee Andrew reported on the activities of the Parks & Recreation Commission. It was noted that
tentative dates have been scheduled for park activities and the commission is working on the clearing
and mulching of Village pathways.
Trustee Andrew reported that the P&R Commission meetings were changed to the third Monday of each
month. It was noted that the new dates were publicized in the paper.
B.
Trustee Pete Boland
02/25/15 - Page 11 of 12
Trustee Boland reported that the Environmental & Health (E&H) Commission met on 2/3/15.
Trustee Boland reported that he continues to review the weekly computer aided dispatch (CAD) incident
reports from the Lake County Sheriff’s Office.
C.
Trustee Martin Pais
Trustee Pais reported that he spoke to the E&H Commission about the his role in collecting information
and Request for Proposals (RFP) for garbage hauler services since the Village’s Waste Management
contract expires in August 2015. E&H Commission Chairman Kramper agreed to invite each hauler to
the E&H Commission to present their proposals. It was noted that E&H Commission would hold public
hearings in April and May.
D.
Trustee Janice Sauer
Trustee Sauer reported that she attended the BACOG Legislative Breakfast as well as the Barrington
Area Chamber of Commerce Annual Economic Summit.
Trustee Sauer reported that she met with Al Stefan (Ruekert Mielke), Village Administrator Kathy
Nelander, Nancy Schumm, and Geographic Information System (GIS) developers to discuss the
software program for culverts located in the Village right of way.
Trustee Sauer reported that she met with Al Stefan, John Beissel (Ruekert Mielke) and Village
Administrator Nelander to discuss the 2015 Village Road Program. They identified roads requiring
replacement and patchwork. Bids will be sent out mid-March.
E.
Trustee Todd Smith
Trustee Smith had no report.
F.
Trustee Lawre Weiner
Trustee Weiner had no report.
IX.
CLOSED SESSION
Motion: Trustee Weiner moved that a portion of the meeting be closed to the public, effective
immediately as permitted by 5 ILCS 120/2(c)(5), to consider the acquisition of real property by the
Village, or to consider the selling price of real estate and as permitted by 5 ILCS 120/3(c)(11), to discuss
litigation against, affecting, or on behalf of the Village which has been filed and is pending in a court or
administrative tribunal or which is probable or imminent and as permitted by 5ILCS 120/2(c)(1) and (3)
to discuss the appointment, employment, compensation, discipline or performance of specific officers
and employees; and as permitted by 5 ILCS 120/2(c)(21) approval of Closed Session Minutes; seconded
by Trustee Boland.
Discussion: There was no discussion.
02/25/15 - Page 12 of 12
Vote on Motion
By Roll Call: Ayes:
Nays:
Absent:
Trustees Andrew, Boland, Pais, Sauer, Smith and Weiner
None
None
President Pino declared the motion approved.
X.
RE-CONVENE OF OPEN SESSION
President Pino reconvened open session at 10:12 p.m.
The roll was called and the quorum re-established.
XI.
NEW BUSINESS
There was no new business to discuss.
XII.
OLD BUSINESS
There was no old business to discuss.
XIII. ADJOURNMENT
There being no further business to come before the Board, Trustee Pais moved to adjourn the meeting;
seconded by Trustee Smith. The voice vote was unanimous in favor.
At 10:15 p.m. President Pino declared the meeting adjourned.
These Minutes were approved by the Board at a meeting held March 18, 2015.
Attest:________________________
Kris Lennon, Deputy Village Clerk