Date: Monday, March 28, 2011 To: Board of Trustees · Date: Monday, March 28, 2011 To: Board of Trustees Village of Barrington Hills From: Jonathan J. Knight, Chairman Zoning Board

Date: Monday, March 28, 2011

To: Board of Trustees

Village of Barrington Hills

From: Jonathan J. Knight, Chairman

Zoning Board of Appeals


Subject: Interference of ZBA Hearing Process by current Village President

Ladies and Gentlemen of the Board:

Never in my ten years of serving on the ZBA would I have anticipated that our ZBA Attorney

could be fired for his legal opinions given in open hearings of the ZBA, because his legal

opinions differed from the personal opinions of the Village President. Never did I anticipate that

I would be giving of my time to a Village where a Village President has assumed the authority to

make unilateral personnel decisions without the concurrence of the Board of Trustees. Never did

I anticipate that a Village Attorney would support the wishes of the Village President by

covering for the Village President as if the decision to remove the ZBA Attorney was his own.

I have been proven wrong in all cases.

Given the open and obvious bias demonstrated by our Village attorney, I can no longer trust

Counsel to render objective opinions. Must I seek legal advice outside of the Village to review

the assertions made by the Village President in his letter of March, 1, 2011 to Attorney Joseph

von Meier demanding his removal from Village Service? After review of the transcript of the

ZBA hearing of February 28, 2011 referenced in the letter, I concluded that the assertions were

completely without merit, that Mr. von Meier had done nothing wrong, and there were no

misrepresentations by me as alleged by the Village President. Mr. Wambach inexplicably sided

with the Village President agreeing that Mr. von Meier should no longer serve as Counsel to the

ZBA. This failure by the Board to act to preserve the integrity of the ZBA allowed the Burke

firm to put its pecuniary interests ahead of the interests of the Village.

My greatest concern, other than lack of comment by any other of our ZBA members on the

removal of Mr. von Meier, is the failure of this Board to act. I was told that only Trustee Mallen

and Trustee Smithe found the matter worthy of Board discussion. This was no surprise to me, as

there has been a pattern of improper interference in ZBA hearings on the part of the Village

President since he assumed office in 2005, without action by this Board.

Interference in the Cell Tower hearings, when the Village President demanded to address the

audience minutes prior to the ZBA opening of one of the hearings in the spring of 2007 on the

matter before a full house of residents at Countryside School.

Interference in the Lighting issue, when the Village President circulated an email on the day

prior to the first public hearing in October, 2009 on the matter lambasting a proposed text

amendment which he and his Board had approved for consideration by the ZBA. His email is

part of the public record. The day following the hearing, I questioned Mr. Wambach as to the

advisability of me continuing hearings given the President’s unsolicited comments and in light

of the fact that the Plan Commission Chairman asked if the Plan Commission could withdraw the

Petition. Mr. Wambach advised that the ZBA should proceed, and that only the Board of

Trustees could recall the Petition, as the Board was the petitioner.

Interference in the matter of the Hardy Variance Petition in the fall of 2010 when, after three

days of unsuccessfully trying to contact me, the Village President enlisted Trustee Messer to

request of me that I participate in a three-way telephone call with the Village President on the

matter. Before I agreed, I asked Attorney von Meier if this was acceptable, and he advised it

was, so long as I only listened and did not engage in discussion on the matter. During the call,

the Village President lobbied for the cause of Mr. Hardy, saying that if the ZBA did not find for

Mr. Hardy, Hardy would appeal in court and would prevail, and that this would cost the Village a

lot of money. Immediately following the call, I advised Mr. von Meier of what was said in the

conservation. Telephone logs will support this, as will Trustee Messer, who was in on the call.

During the public hearing, the President referenced the Village providing Engineering and

Survey Services at Village expense in an attempt to resolve this dispute between private property

owners. Mr. Hardy inexplicably withdrew his petition.

Most recently, the Commercial Horse Boarding issue has been interfered with to the point where

Mr. Wambach stated that no “legal notice” was given for the latest hearings, although the

transcript references Mr. Kosin’s request of a date certain (finally established for May 19, 2010)

so that proper published notification could be given. Mr. Kosin’s record of publication of

hearings has been flawless up to this point.

In the matter of ZBA appointments, the Village President allowed terms to lapse for as much as

two years, and when asked about this, Mr. Kosin stated that the Village President was attempting

to have appointments conform to a new fiscal year. This was done in violation of express

provisions of The Village Code, which requires staggered terms of ZBA members so that

appointments would not be made on the basis of political favoritism. Long-lapsed terms would

allow circumvention of this requirement in the Code. More recently, Byron Johnson’s term was

not extended, although he volunteered to remain on the ZBA through the Commercial Boarding

hearings. Trustee Knoop, at a public Board of Trustees Meeting, criticized Mr. Johnson for not

voting for the ZBA’s recommended text amendment for Lighting and said that he could not

support Mr. Johnson’s continued service on the ZBA for his (Mr. Johnson’s) position on the

issue. Should our objectivity be compromised by the whim and fancy of Board Members?

I am requesting that you, as a Board, rescind the Village President’s unlawful removal of Mr.

von Meier from his position as ZBA Attorney and conduct an investigation into this and the

other instances of the Village President’s interference in ZBA matters referenced herein above.

I implore the Village Board to perform the duties of the Office to which they swore to residents

of our Village to uphold.

Jonathan J. Knight

Chairman

Zoning Board of Appeals


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Fwd: ZBARobert G. Abboud Mon, Feb 28, 2011 at 11:37 AMTo: [email protected]: Beth Mallen , Elaine Ramesh , Fritz Gohl, Joe Messer , Steve Knoop , Walter Smithe , Dolores , "Goldblatt, Joel", James Kelly , Michael Murphy , RobertKosin , "Selman, Karen" , Wambach Douglas, [email protected]

Ms. and Mr. Dowling:

Thank you for your feedback and input.

I can assure you that I will not support any changes to our residential zoning regulations that supportcommercial activities beyond that currently provided for in the intent of the Home Occupation Code(5-4-4(D) of the BH Village Code and the Village Comprehensive Plan – seehttp://www.barringtonhills-il.gov/ ). There are currently hundreds of residential scale businesses thatoperate successfully within the Village and without notice to their neighbors under the HOC.

Note that the ZBA has no instruction from the Village Board to provide for ‘commercial’ activities inresidential districts. The word ‘commercial’ is a misnomer that that has been fostered in the localdiscussion. I have heard some pretty wild accusations of recent regarding the ZBA’s activities.

What the ZBA (along with the support of some of our other committees) is instructed to do is to lookat the issues associated with equestrian boarding operations which currently exist throughout theVillage as they pertain to the current Home Occupation Ordinance. They are to report back to theVillage Board with recommendations on code changes to address concerns regarding currentequestrian boarding practices.

This effort is part of a larger effort to continually modernize our code as technology and other factorschange within the Village. What will not change is the rural and equestrian character of ourcommunity, as defined in our Comprehensive Plan, and the protection of private property rights.

I appreciate that with the election season, many statements are being made that have no basis infact. Such as, that the Village can spend money ‘secretly’ without a fully public vote by the board, orthat the Village spends millions of dollars yearly on attorneys against developers. These kinds ofthings are completely false. I hope you will avail yourself to the Village WEB site for updates and factchecking. see http://www.barringtonhills-il.gov/

3/9/2011 Barringtonhills-il.gov Mail - Fwd: ZBA

mail.google.com/a/barringtonhills-il.go… 1/2

Please let me know if you have any further questions. I would be happy to address any furtherconcerns you may have.

Best Regards.Bob A.

Robert G. AbboudPresident, Village of Barrington HillsPresident, RGA Labs, Inc.Home: 847-381-8174Office: 847-381-1932

Cell: [email protected]://www.barringtonhills-il.gov/

www.RGALabs.com

From: [email protected] [mailto:[email protected]] Sent: Monday, February 28, 2011 10:28To: Robert G. Abboud,; Fritz Gohl,; Karen S. Selman,; Walter E. Smithe,; Steve Knoop,; Beth Mallen,; Elaine M.Ramesh,; Joseph S. Messer,; Robert Kosin,Subject: ZBA

We are VERY MUCH AGAINST permitting commercial operations withing all R1 residential zoned properties ofBarrington Hills.

Please acknowledge receipt of this e-mail.

Jane S. Dowling E-mail: Cindowling @Comcast.net

Edward G. Dowling

3/9/2011 Barringtonhills-il.gov Mail - Fwd: ZBA

mail.google.com/a/barringtonhills-il.go… 2/2

1-5-4: POWERS AND DUTIES OF PRESIDENT:

The President is the chief executive officer of the Village, and shall perform all duties required of him by statute or ordinance. He shall be responsible for the enforcement of all laws and ordinances. He shall supervise the executive officers of the Village, and have the power and authority to inspect all books and records kept by any officer of the Village at any time. (1977 Code)

2-4-1: CREATION AND MEMBERSHIP:

The Zoning Board of Appeals is hereby authorized to be established. The word "Board", when used in this Chapter, shall be construed to mean the Zoning Board of Appeals. The said Board shall consist of seven (7) members appointed by the President of the Village Board and the Board of Trustees. No member of the Zoning Board shall receive compensation for his services on the Board. The members of the Board shall serve, respectively, for the following terms, or until their respective successors are appointed: (Ord. 63-1, 4-1-63; amd. 1977 Code)

One for one year, one for two (2) years, one for three (3) years, one for four (4) years, one for five (5) years, one for six (6) years, and one for seven (7) years. The successor to each member so appointed shall serve for a term of five (5) years.

One of the members of the Zoning Board of Appeals shall be designated chairman of said Board, at the time of his appointment. The President of the Village Board and the Board of Trustees shall have the power to remove any member of said Board for cause and after public hearing. Vacancies upon said Board shall be filled for the unexpired term of the member whose place has become vacant, in the manner herein provided for the appointment of such member.

2-4-2: JURISDICTION, AUTHORITY:

The Zoning Board of Appeals is hereby vested with the following jurisdiction and authority:

(A) To hear and decide appeals from and review any order, requirement, decision or determination made by the Enforcing Officer under the zoning regulations of this Code.1

(B) To hear and pass upon applications for variations from the terms provided in the zoning regulations of this Code in the manner prescribed by, and subject to, the standards established therein.

(C) To hear all applications for special uses and amendments to the zoning regulations of this Code in the manner prescribed by, and subject to, the standards established therein, and report said findings and recommendations to the Board of Trustees.

(D) To hear and decide all matters referred to it or upon which it is required to pass under the zoning regulations of this Code as prescribed by statute. (Ord. 63-1, 4-1-63)

(E) To adopt rules as determined by the Board, not inconsistent with this Code, which are reasonable and necessary for the implementation of any provision of the zoning regulations of this Code.1 (Ord. 91-13, 3-25-91)

(F) To prepare and submit to the board of Trustees a report and recommendation regarding each petition for disconnection of territory from the Village, following public hearing and consideration of testimony and evidence. (Ord. 91-18, 6-24-91)

(G) To the extent provided in Title 4 of this Code, to hear and decide appeals from and review orders, requirements, decisions or determinations made by the Village Building and Zoning Enforcement Officer under the Building Regulations set forth in Title 4. (Ord. 92-14, 8-24-92)

1-5-12: ORDINANCE PASSAGE PROCEDURE:

(A) The procedure for the passage of an ordinance shall be as follows: An ordinance may be introduced by any member of the board of trustees. When first introduced, said ordinance shall be read to the board of trustees by the clerk and a motion shall be made to have the same engrossed by the clerk upon the records of the proceedings of the meeting at which saidproposed ordinance is introduced. The ordinance may then be referred to the proper committee for consideration and report, or may be called up for passage at the meeting at which it was introduced, or any subsequent meeting, when it shall again be read. The voting upon the passage of an ordinance shall be by ayes and nays, and the village clerk shall call upon each trustee and record his or her vote. If a majority of the trustees present constituting a quorum to do business shall vote aye, said ordinance shall be declared passed. If a tie vote results, the president shall cast the deciding vote and declare the result thereof. If the president shall approve of an ordinance, he shall sign it

5-10-6: AMENDMENTS:

(A) Authority: For the purposes of promoting the public health, safety, morals, comfort and general welfare, conserving the values of property throughout the Village, and lessening or avoiding congestion in the public roads and highways, the President and the Board of Trustees of the Village may, from time to time, in the manner hereinafter set forth, amend the regulations imposed and the districts created by this Title; provided, that in all amendatory ordinances adopted under the authority of this Section, due allowance shall be made for existing conditions, the conservation of property values, the directions of building development to the best advantage of the entire Village, and the uses to which property is devoted at the time of the effective date hereof. (Ord. 63-1, 4-1-63)

(B) Initiation of Amendment: Amendments may be proposed by a Trustee, the Zoning Board of Appeals, the Enforcing Officer or by any person owning or having an interest in the subject property. (Ord. 77-1 7, 9-26-77)

(C) Application for Amendment: An application for an amendment shall be filed with the Enforcing Officer, in such form and accompanied by such information as required by the Zoning Board of Appeals.

(D) Hearing on Application: The Zoning Board of Appeals shall hold a public hearing on each application for an amendment at such time and place within the Village as shall be established by the Zoning Board of Appeals. The hearing shall be conducted and a record of such proceedings shall be preserved in such manner as the Zoning Board of Appeals shall, by rule, prescribe from time to time. (Ord. 63-1, 4-1-63)

(E) Notice of Public Hearing:

1. Notice of the time and place of such hearing shall be published in a newspaper of general circulation in the Village not more than thirty (30) nor less than fifteen (15) days before such hearing. Supplemental or additional notices may be published or distributed as the Zoning Board of appeals may, by rule, prescribe from time to time. (Ord. 63-1, 4-1-63; amd. 1977 Code)

2. Where the amendment is initiated by a Trustee, the Zoning Board of Appeals, or the Enforcing Officer, and proposes a change of district classification of a particular property, a true copy of the application or of the Board's order shall be served upon the owner or owners of record in person or by certified United States mail within ten (10) days after the filing of the application or the entry of the Board order initiating the proceeding. Where the application is filed by a person having an interest in the subject property, a notice and copy of the application shall be served in like manner upon each of the other co-owners or those having an interest. The foregoing notice and service requirements shall be in addition to the publishing requirements of this subsection. (Ord. 63-1, 4-1-63; amd. Ord. 77-17, 9-26-77)

(F) Findings of Fact and Recommendations of the Zoning Board of Appeals: Within a reasonable time after the close of the hearing on a proposed amendment, the Zoning Board of Appeals shall make written findings of fact and shall submit same together with its recommendation to the Board of Trustees of the Village. Where the purpose and effect of the proposed amendment is to change the zoning classification of particular property, the Zoning Board of Appeals shall make findings based upon the evidence presented to it in each specific case with respect to the following matters:

1. Existing uses of property within the general area of the property in question.

2. The zoning classification of property within the general area of the property in question.

3. The suitability of the property in question for the uses permitted under the existing zoning classification.

4. The trend of development, if any, in the general area of the property in question, including changes, if any, which may have taken place since the day the property in question was placed in its present zoning classification.

The Zoning Board of Appeals shall not recommend the adoption of a proposed amendment unless it finds that the adoption of such an amendment is in the public interest and is not solely for the interest of the applicant. The Zoning Board of Appeals may recommend the adoption of

an amendment changing the zoning classification of the property in question to any higher classification than that requested by the applicant. For the purpose of this paragraph the R1 District shall be considered the highest classification and the Light Industrial District shall be considered the lowest classification.

(G) Action by the Board of Trustees:

1. The Board of Trustees of the Village shall not act upon a proposed amendment to this Title until it shall have received a written report and recommendation from the Zoning Board of Appeals on the proposed amendment.

2. In cases where the Zoning Board of Appeals recommends that a proposed amendment not be adopted or in case of written protest against any proposed amendment signed and acknowledged by the owners of twenty percent (20%) of the property proposed to be altered or by the owners of twenty percent (20%) of the property adjacent to the property proposed to be altered, and filed with the Clerk of the Village, such amendment shall not be passed except by the favorable vote of two-thirds (2/3) of all members of the Board of Trustees.

3. If an application for a proposed amendment is not acted upon finally by the Board of Trustees of the Village within sixty (60) days of the time of receipt of the Zoning Board of Appeals' recommendations, it shall be deemed to have been denied.

(H) Minimum Size of Parcel: A lot, lots or parcel of land shall not qualify for a zoning amendment unless it possesses a minimum of one hundred fifty feet (150') of frontage and contains a minimum of forty thousand (40,000) square feet of area, or adjoins a lot, lots or parcel of land which bears the same zoning district classification as the proposed zoning amendment.

2-8-4: POWERS AND DUTIES:

The equestrian commission shall have the following powers and duties:

(A) Provide the official repository for equestrian issues and expertise for the village;

(B) Provide trail design and routing information for planning and plat design;

(C) Provide expertise on equestrian activity management;

(D) Disseminate information regarding equestrian legislation in Illinois;

(E) Monitor equestrian activity in other communities as it may relate to the village; and

(F) Assist and make recommendations to the plan commission regarding the location of equestrian trails within new subdivisions. (Ord. 05-01, 6-17-2005)

Village Board Meeting March 24, 2008 – page 6 Kosin to conduct an analysis and report back on those breakdowns. Trustee Mallen seconded. Roll Call. Ayes: 5 (Mallen, Schueppert, Smithe, Gohl, Abboud) Nays: 1 (Ramesh) Absent: 1 (Knoop) Resolution 08-08 Approved Equestrian Commission Report – Trustee Mallen presented a list of definitions regarding the boarding of horses within our Village, the result of work completed this month by members of the Equestrian Committee. Trustee Mallen requested that this work be sent on to the ZBA for further work in clarifying Village ordinances with respect to commercial boarding of horses within the Village. She mentioned that the Equestrian Committee is concerned about maintaining both the residential tranquility of our Village and the existing trail system. President Abboud encouraged the ZBA to also consider the issue of enforcement when considering all suggestions. Village Board Meeting April 28, 2008 – page 6 Next on the ZBA’s agenda is a review of the Village Code with respect to the commercial boarding of horses. Trustee Schueppert met with the owners of the three largest barns within the Village, and all have indicated a desire to maintain high standards within the Village and work with the ZBA to draft language for permissible horse boarding within the Village. Public hearings will be scheduled and the hope is that the ZBA will offer recommendations to the Board for consideration sometime this summer. Village Board Meeting June 23, 2008 – page 7 President Abboud suggested that we need to sort out the commercial boarding issue before we review the validity of the new permit and revisit design issues with the LeComptes. He reminded everyone that we owe due process to all residents. Village Board Meeting August 25, 2008 – page 8 A draft has been proposed by eleven members of our equestrian community who propose an amendment to the Village ordinance limiting horse boarding in the Village to that described in the Home Occupation Ordinance. Trustee Schueppert also raised an issue about a complaint received for a home located at 30 Little Bend Rd. Discussion ensued over the possibility of building permit violations and the actual use of the property. Chief Murphy will be checking with local concrete and gravel companies to remind them that all overweight permits must be in order for them to bring large trucks in on Village roads.

Village Board Meeting September 22, 2008 – page 5 ZBA Report – Trustee Schueppert reported that this month most of the ZBA meeting was devoted to beginning consideration of amendments to the Village Code for the commercial boarding of horses. Trustee Schueppert expects a minimum of two discussion meetings and possibly a recommendation to the Board for their consideration in December. The ZBA voted 6-1 to uphold the cease and desist order for the LeCompte barn. The LeComptes communicated their intent to pursue legal action. The ZBA did ask that punitive action be deferred until consideration was given to new ordinances regarding the commercial boarding of horses in the Village. Village Board Meeting October 27, 2008 – page 5 ZBA Report – Trustee Schueppert reported that this month’s ZBA meeting was devoted to an application by Verizon for placement of a cell tower on the existing Commonwealth Edison tower on Algonquin Road. Due to an inadequate application document, the matter was deferred to a future meeting. The ZBA also decided to hold a separate special public meeting regarding the commercial boarding of horses in the Village. The meeting is planned for early December when all ZBA members can be present. President Abboud requested that Trustee Ramesh encourage attendance of the Equestrian Commission members.

PohlmanUSA Court Reporting (877) 421-0099

Page 82

1 board. All comments are appreciated but we have to

2 kind of deal with facts and we've heard an awful lot

3 through the last couple of years but nevertheless your

4 opinion is appreciated. Thank you. Anybody else?

5 (No response.)

6 CHAIRMAN KNIGHT: Well, it's likely at our

7 next meeting we'll probably close public comment so

8 that we can get down to the issue. Mr. Rosene?

9 MR. ROSENE: I'm going to regret this. But

10 I think maybe the air needs to be cleared regarding

11 the boarding issue. I mean, I've seen e-mails

12 generated on the subject. The one that keeps cropping

13 up is this contention that the purpose of the ZBA is

14 to come up with a boarding ordinance that allows

15 anybody on five acres to start commercial boarding and

16 I just want to know is that your take on your

17 assignment?

18 CHAIRMAN KNIGHT: Actually, I have a note on

19 that subject. I'll read the e-mail that I received

20 today. It was a copy of an e-mail that was an answer

21 to Mr. and Mrs. Dowling (phonetic) that they said, "We

22 are very much against permitting commercial operations

23 within all R1 residential zoned properties of

24 Barrington Hills." That was sent to the Village


Page 83

1 clerk. She forwarded that to all trustees and the

2 chairman of the zoning board.

3 Part of that, and I'll enter it into the

4 record because I think it's appropriate, President

5 Abboud said that, "Note that the ZBA has no

6 instruction from the Village board to provide for

7 commercial activities in residential districts. The

8 word commercial is a misnomer that has been fostered

9 in the local discussion." He goes on to say, "I've

10 heard some pretty wild accusations of recent regarding

11 the ZBA's activities." I don't know what that's in

12 reference to. I'm not aware that this board has

13 engaged in any wild activities. Our discussions are

14 held in the public. Everything we do is on the

15 transcript so I don't know what that's all about.

16 It says here, "What the ZBA along with the

17 support of some of our other committees is instructed

18 to do is to look at the issues associated with

19 equestrian boarding operations which currently exist

20 throughout the Village as they pertain to the current

21 Home Occupation Ordinance. They are to report back to

22 the Village board with recommendations on code changes

23 to address concerns regarding current equestrian

24 boarding practices."


Page 84

1 Well, that may be President Abboud's

2 interpretation of what our duties are as a zoning

3 board but that's a direct conflict of what is stated

4 in the Code as to how we operate and what our duties

5 are. I'm going to read a couple of items that I

6 prepared from previous Village board meetings. This

7 is written. This is in the records of the Village. I

8 don't make this up. So let's start out, I'll go to

9 the Village board meeting March 24th, 2008: Trustee

10 Mallen requested that this work be sent on to the ZBA

11 for further work in clarifying Village ordinances with

12 respect to commercial boarding of horses within the

13 Village.

14 Let's go to the Village board meeting

15 April 28th, 2008: All have indicated a desire to

16 maintain high standards within the Village and work

17 with the ZBA to draft language for permissible horse

18 boarding within the Village.

19 I'll go to June 23rd, 2008: President

20 Abboud suggested that we need to sort out the

21 commercial boarding issue before we review the

22 validity of the new permit and revisit design issues

23 with the LeComptes. He reminded everyone that we owe

24 due process to all residents.


Page 85

1 August 25th, 2008: A draft has been

2 proposed by 11 members of our equestrian community who

3 proposed an amendment to the Village ordinance

4 limiting horse boarding in the Village to that

5 described in the Home Occupation Ordinance.

6 Village board meeting September 22nd, 2008:

7 ZBA report Trustee Schueppert reported that this month

8 most of the ZBA meeting was devoted to beginning

9 consideration of amendments to the Village Code for

10 the commercial boarding of horses. It keeps repeating

11 itself.

12 October 27th, 2008: The ZBA also decided to

13 hold a separate special public meeting regarding the

14 commercial boarding of horses in the Village.

15 Now, if we haven't been here to talk about

16 commercial boarding, then maybe I've been asleep at

17 the wheel. I will say further that this board does

18 not take direction from anyone. We do not serve -- we

19 serve for the Village. We do not serve at the

20 pleasure of the president of the Village. That's a

21 misnomer. This board is independent. I'm not even

22 going to quote the Code. I'll put it in the record.

23 Anyone can read what our duties are.

24 For President Abboud to say that we are


Page 86

1 instructed to do this and that, we don't take

2 direction from anybody. There is a process in this

3 Village. Mr. Von Meier, would you explain that

4 process when somebody wants to make a change to our

5 Code, either text amendment, map amendment, whatever,

6 hearing, explain the process please that we go

7 through. I don't want to bias. I want it from our

8 legal counsel as to what that involves.

9 MR. von MEIER: The Code section in the

10 zoning ordinance is 5-10-6 titled Amendments and under

11 subsection B, the Initiation of an Amendment,

12 amendments may be proposed by a trustee, the Zoning

13 Board of Appeals, the enforcing officer or any person

14 owning or having interest in the subject property.

15 And so what we're looking at in this

16 instance is a potential amendment to the zoning code,

17 what we call a text amendment.

18 CHAIRMAN KNIGHT: How do we get that

19 permission to have that discussion?

20 MR. von MEIER: At the time that the

21 Equestrian Commission prepared their first official

22 White Paper, they asked us to send it up to the board.

23 We accepted it and sent it up to the board with a

24 request that the board allow us to hold public


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1 hearings drafting a text amendment with respect to

2 commercial boarding.

3 CHAIRMAN KNIGHT: Is there any other

4 obligation on the part of this board to take direction

5 from the Board of Trustees once we begin that hearing

6 process?

7 MR. von MEIER: No.

8 CHAIRMAN KNIGHT: Thank you. I think that

9 clears that up. The other thing to be considered too

10 is that when we have these hearings, you'll see that

11 they are all transcribed. What is the law,

12 Mr. Von Meier, regarding what the Board of Trustees

13 may consider when they are making their decision as to

14 our records or taking additional testimony, tell me

15 what's permitted please.

16 MR. von MEIER: For example, in the case of

17 a special use application, which the board has to

18 approve and which you recommend as a zoning board,

19 they are limited to the record that comes up from the

20 Zoning Board of Appeals. The purpose for that is if

21 the applicant is denied a special use permit, they

22 have redress in the courts. The courts are limited to

23 reviewing the record that's produced at this level,

24 the Zoning Board of Appeals.


Page 88

1 CHAIRMAN KNIGHT: So by statute then the

2 Board of Trustees can make any decision they care to

3 but as far as reviewing material, they have to limit

4 themselves to the written transcript; is that correct?

5 Did I state that properly?

6 MR. von MEIER: Yes. It's why you are

7 considered the fact finding body. You gather the

8 facts, make a decision based on those facts and then

9 make a recommendation to the board and the written

10 record is there to back up your recommendation.

11 CHAIRMAN KNIGHT: I'd like to know at any

12 point in this process I don't recall being instructed

13 to look at this issue associated with equestrian

14 operations as they pertain to the current Home

15 Occupation Ordinance. I don't believe that was part

16 of our charter, was it, as written and directed?

17 MR. von MEIER: No.

18 CHAIRMAN KNIGHT: Okay. That's all I need,

19 just a no. Thank you. So I suggest -- this whole

20 document I want entered into the record and I would

21 say that I've said on many occasions I really don't

22 appreciate public discussion or interruption in any

23 matter that's before this Zoning Board of Appeals. We

24 make our objectivity. As to allegations that there's


Page 89

1 some wild things going on, if there's anybody in this

2 Village that's an elected official that would like to

3 bring charges against me or this board for doing

4 something improper, I invite them to do so. And I

5 think that ends the discussion tonight. There are no

6 other questions. I'll submit this. I'll submit also

7 from the Code the powers and duties of the president,

8 the creation of the membership of the Zoning Board of

9 Appeals, our jurisdiction and authority, ordinance

10 passage procedure, amendments, the whole works right

11 there. That's for the record.

12 This e-mail is on the record that will be

13 available for the public to review and there are my

14 comments that I highlighted from past public meetings.

15 I think I made it very clear how we operate,

16 what we do without interruption, the objectivity that

17 we have to live with. So any questions on that? Does

18 anybody have anymore questions?

19 MR. KENNEDY: Point of personal privilege

20 please. My name is Bill Kennedy. I live on

21 Steeplechase Road. I'm not understanding exactly the

22 commercial boarding issue that you are talking about.

23 You are not going to open this up to additional

24 comments down the road at the next meeting on


Page 90

1 March 21st? Because if you don't, then I have some

2 questions on my thought on what's commercial boarding

3 and allowing it on our property.

4 CHAIRMAN KNIGHT: Have you been to any of

5 these discussions in three years?

6 MR. KENNEDY: Yes, in the three years I

7 have.

8 CHAIRMAN KNIGHT: I'll keep that open. Let

9 me explain something further, too.

10 MR. KENNEDY: If you'll keep it open, then

11 there's no comment.

12 CHAIRMAN KNIGHT: I may. I don't know. I

13 haven't made that decision yet. So you've asked the

14 question. I haven't made that decision yet. I'm

15 going to further state that the -- let's see --

16 something else I forgot to mention that we have said

17 publicly here many times that in considering

18 commercial boarding in this Village, it's an activity

19 that's been going on since 1947 or '57 or however many

20 years. People make the claim that, well, that's a

21 terrible illegal activity that's been going on in this

22 Village. Lots of things have been illegal until we

23 figure out a way to bring them into the Code. And for

24 somebody to make an allegation that we are making an


Page 91

1 illegal activity legal with some dark intent, I don't

2 think that's a fair presentation.

3 Let me go back to a situation with the

4 LeCompte property and I'll be specific because it's

5 here in the record. The ZBA voted six to one to

6 uphold the cease and desist order for the LeCompte

7 barn. That's when they appealed to the zoning board

8 the decision of the Village to find them not in

9 compliance. The LeComptes communicated their intent

10 to pursue legal action. This board, this ZBA, did ask

11 the punitive action be deferred until consideration

12 was given to new ordinances regarding the commercial

13 boarding of horses in the Village. It has been this

14 board's goal that's been stated many, many times that

15 because these boarding operations have been operating

16 without complaint for years and years and years and

17 they were not originally discussed relative to the

18 Home Occupation Act, that our goal as a board was to

19 try to find a way to bring them in compliance. So to

20 say that that's some deep dark secret, this is an

21 activity that's been going on in this Village for

22 quite sometime. And that's our charter when it comes

23 to commercial boarding. We are not all of a sudden

24 opening the door to something that hasn't been going


Page 92

1 on for quite sometime and we'll do it in a fair and

2 objective manner that will also recognize the rights

3 of everyone in this Village, not just special interest

4 or somebody that has something to gain. And I think

5 that's the way it is. That's the way it's going to

6 be. If anybody wants to make allegations otherwise,

7 well feel free to try to prove it.

8 So with that, I'm not going to pontificate

9 anymore but I had to clear the air on a few of those

10 items. And I'll entertain a motion to adjourn.

11 MS. MASTERSON: So moved.

12 CHAIRMAN KNIGHT: Member Masterson.

13 MS. ROSENE: Second.

14 CHAIRMAN KNIGHT: Second by Member Rosene.

15 All in favor?

16 (Chorus of ayes.)

17 CHAIRMAN KNIGHT: Let's back up. We have to

18 officially continue -- we have to have a motion --

19 would you withdraw your motion to adjourn please.

20 MS. MASTERSON: Okay.

21 CHAIRMAN KNIGHT: Thank you. I would

22 entertain a motion to continue the horse boarding

23 issue, commercial boarding to the March 21st date.

24 MS. VALIN: So moved.


Page 93

1 MR. MULLEN: Second.

2 CHAIRMAN KNIGHT: Member Valin made the

3 motion, Member Mullen seconded. Any discussion?

4 (No response.)

5 CHAIRMAN KNIGHT: All in favor?

6 (Chorus of ayes.)

7 CHAIRMAN KNIGHT: No nays. The discussion

8 on the horse boarding will be continued to March 21st.

9 All right. Motion to adjourn?

10 MS. MASTERSON: So moved.

11 MS. VALIN: Second.

12 CHAIRMAN KNIGHT: Member Masterson made the

13 motion, second by Member Valin. Any discussion?

14 (No response.)

15 CHAIRMAN KNIGHT: All in favor?

16 (Chorus of ayes.)

17 CHAIRMAN KNIGHT: We're adjourned.

18 (WHICH WAS AND IS ALL OF THE

19 MATTERS PRESENTED AT SAID MEETING.)

20

21

22

23

24


Page 94

1 STATE OF ILLINOIS )

2 ) SS.

3 COUNTY OF C O O K )

4

5 I, CYNTHIA L. PEESEL, Certified

6 Shorthand Reporter and Notary Public doing business in

7 the City of Chicago, County of Cook, and State of

8 Illinois, state that I reported in machine shorthand

9 the matters presented at the public meeting of the

10 Barrington Hills Zoning Board of Appeals on the 28th

11 day of February, 2011, and that the foregoing is a

12 true and correct transcript of my shorthand notes so

13 taken as aforesaid, and contains all the matters

14 presented at said meeting, to the best of my knowledge

15 and ability.

16

17

18

19

20

21

_________________________22 Cynthia L. Peesel

License No. 084-00265623 March 4, 2011

24

Documents

Date: Monday, March 28, 2011 To: Board of Trustees · Date: Monday, March 28, 2011 To: Board of Trustees Village of Barrington Hills From: Jonathan J. Knight, Chairman Zoning Board