1.1 VILLAGE OF BARRINGTON HILLS Minutes of the Regular Meeting July 22, 2002 President Kempe called the meeting to order at 8:00 p.m. Roll Call. Present Guests James A. Kempe, President Stephen Carponelli, Attorney Brian J. McManus, Pro-Tem Thomas Hayward, Jr., Attorney Theodore L. Horne, Trustee Teresa Jennings, Barr. Park District Francine R. Fossler, Trustee Michael Lukich, Vill. Engineer Robert G. Abboud, Jr., Trustee Scott Siman, Land Technology Fritz H. Gohl, Trustee Connie Bischof, Resident Daria G. Sapp, Trustee Tony Bischof, Resident Robert Kosin, Director of Administration Claudia Brandt, Resident Frederick Clauser, Chief of Police Lorraine Briggs, Resident Douglas Wambach, Village Attorney Richard Chlebek, Resident Brad Davis, Resident Dianne Franz, Resident John Franz, Resident Sam Garre, Resident Jonathan Hamill, Resident Robert Heaton, Resident Marilyn Heaton, Resident John Howard, Resident Edie McTernan, Resident Brian McTernan, Resident Roberta Mirski, Resident Thomas Mitchell, Resident Patricia Ottenad, Resident Robert Ottenad, Resident Kay Schueppert, Resident George Schueppert, Resident John Wagner, Resident Randy Karon, Barrington MINUTES Trustee McManus motioned to approve the minutes of the Regular Session of June 24, 2002. Trustee Gohl seconded. All present said aye. Motion Approved Trustee McManus motioned to approve the minutes of the Executive Session of June 24, 2002. Trustee Gohl seconded. All present said aye. Motion Approved Village Board Meeting July 22, 2002 – page 2 PUBLIC SAFETY – Brian J. McManus Monthly Report –Trustee McManus deferred to Chief Clauser who summarized the Police Report for the month of June 2002. Chief Clauser noted that an approved fireworks display is scheduled for July 27, 2002. Squad Purchase – Chief Clauser requested authorization to sign an amendment to the existing agreement with Ford Motor Credit Company in order to lease/purchase three squad cars for a three-year period. Trustee Sapp motioned to adopt the ordinance as presented. Trustee Abboud seconded. Roll Call. All present said aye. Ayes: 7 (Sapp, Gohl, Abboud, Fossler, Horne, McManus, Kempe) Nays: 0 Absent: 0 Ordinance 02-7 Surplus Property - Trustee McManus motioned to authorize the sale of surplus property on the E Bay Internet site. Trustee Horne seconded. All present said aye. Ordinance 02-8 Hartwig Bike-a-Thon – Trustee McManus motioned to authorize the Third Annual Andrew D. Hartwig Scholarship Fundraiser to take place on September 15, 2002 on certain roads in the Village. Trustee Fossler seconded. All present said aye. Resolution 02-13 Solicitation Amendment - Chief Clauser deferred to Village Attorney, Douglas Wambach, who explained the proposed amendment to the Village Solicitation Regulations. Trustee McManus motioned to adopt the ordinance as presented. Trustee Horne seconded. All present said aye. Ordinance 02-9 ROADS AND BRIDGES – Robert G. Abboud, Jr. Monthly Report – Trustee Abboud requested that the 2002 Road Resurfacing Program bids be reviewed at a Special Meeting to be held August 6, 2002 at 7:00 p.m. All were in agreement, and a notice of the meeting will be published in a timely manner. FINANCE – Francine R. Fossler Treasurer's Report - Trustee Fossler motioned to accept the Treasurer's Report for the month of June 2002. Trustee McManus seconded. All present said aye. Motion Approved Village Board Meeting July 22, 2002 – page 3 Presentation of Bills - Trustee Fossler motioned to approve the payment of bills for July 2002 totaling $153,652.29. Trustee McManus seconded. Roll Call. All present said aye. Ayes: 7 (Sapp, Gohl, Abboud, Fossler, Horne, McManus, Kempe) Nays: 0 Absent: 0 Motion Approved Overtime – Trustee Fossler motioned to approve payment of $4,073.18 in overtime expenses for June 16 through 30, 2002 and $3,649.97 in overtime expenses for July 1 through 15, 2002. Trustee McManus seconded. Roll Call. All present said aye. Ayes: 7 (Sapp, Gohl, Abboud, Fossler, Horne, McManus, Kempe) Nays: 0 Absent: 0 Motion Approved Designated Investments – Trustee Fossler motioned to approve an amendment to the Designated Investments Ordinance due to a change in the name of one of the investment brokers. Trustee Gohl seconded. All present said aye. Ordinance 02-10 PLANNING - Daria G. Sapp Grigsby Prairie Anniversary – John Wagner, President of Citizens for Conservation (CFC), reviewed the 15 year history of the Grigsby Prairie, which now includes over 35 acres of restored native prairie. Trustee Sapp presented to Mr. Wagner a framed aerial photograph of the prairie along with GIS disks. Special acknowledgement was given to Peggy Richards who donated much of the land to CFC. Kane County GIS – Trustee Sapp motioned to approve the Execution of an Intergovernmental GIS Agreement with Kane County which will allow the Village to utilize the cadastral and digital-othos photos land data in their computer graphics data base. Trustee Fossler seconded. Roll Call. All present said aye. Ayes: 7 (Sapp, Gohl, Abboud, Fossler, Horne, McManus, Kempe) Nays: 0 Absent: 0 Resolution 02-14 Wamberg Petition – The Board recognized Attorney Thomas Hayward, Jr. who reviewed the latest proposal for the Wamberg property. The proposal includes an exchange of land Village Board Meeting July 22, 2002 – page 4 between the jurisdiction of the Villages of Barrington and Barrington Hills, which would result in a net loss of approximately 2.96 acres in Barrington Hills , but would include the issuance of a private conservation easement to protect the two branches of Flint Creek. The Wambergs have indicated their willingness the allow the 11 acre northeast parcel to remain in Barrington Hills, if it could be granted B-3 zoning for offices and if they maintained architectural review. Village Attorney Wambach reported that the Wambergs have filed an amended disconnection petition pertaining to the southern parcel. Disconnection of any parcel less than 20 acres can only be considered by the Board of Trustees. He asked the Board to accept the petition so that it may be presented to the Zoning Board of Appeals and the Plan Commission. Trustee McManus motioned to accept the petition. Trustee Horne seconded. All present said aye. Resolution 02-12 BUILDING & ZONING – Theodore L. Horne ZBA Report – Trustee Horne stated that certain Building and Zoning matters would be discussed in Executive Session. Building Report – There were 24 building permits approved in the month of June 2002. These include 10 residences, 1 church, 1 swimming pool, 1 stable, 2 accessory buildings, 4 residential additions, and 5 alterations. Building Permit Application Fee – Trustee McManus motioned to approve an amendment to the Building Regulations to establish a Building Permit Application Fee for residences. Trustee Sapp seconded. All present said aye. Ordinance 02-11 Mitchell Easement – The Board recognized Scott Siman, engineer, whose understanding was that the proposed construction of the Mitchell's residence closer than the required 50 foot setback from a pond would be possible with the granting of a conservation easement to the Village. The easement was submitted but not approved by the Board, nor was it recorded. A building permit was issued after which time the water elevation of the pond dropped. Village Engineer, Michael Lukich, recommended that the maximum water elevation should be established at 823 feet. Concerns were expressed by neighboring residents, and it was agreed to discuss the matter in Executive Session. Residents would be notified of any decisions reached by the Board in Public Session. Mirski Easement – Roberta Mirski addressed the Board seeking acceptance of a conservation easement around a pond that is located entirely on her property. She has begun construction of a home that is not in compliance with the required 50 foot setback from the pond. Trustee Horne motioned to approve acceptance of the conservation easement. Motioned failed for lack of a second. Trustee McManus requested the matter be discussed in Executive Session and be rescheduled for a Public Hearing. Village Board Meeting July 22, 2002 – page 5 Building Park Zoning District Application – The Board discussed the creation of a new zoning district titled "Business Park", and it was agreed to refer the matter to the Zoning Board of Appeals for their consideration and review. HEALTH, ENVIRONMENT AND INSURANCE - Daria G. Sapp Solid Waste Management – There was no end- of –the-month report given. Environment – Lorraine Briggs, former Trustee, requested the Village's participation in Kane County's study of ground water resources in the Barrington area. Participation would include 40 to 60 residents permitting representatives of the Illinois State Water Survey Agency of the Illinois Department of Resources to test the water level in their wells. Authorization forms for that purpose were distributed to the Board. BUILDING AND GROUNDS – Fritz H. Gohl Monthly Report – No report was given. ATTORNEY – Douglas Wambach Litigation – Attorney Wambach stated that matters of litigation will be addressed in Executive Session. ADMINISTRATION – James A. Kempe Maksymonko Easement - Trustee McManus motioned to authorize the Village President to negotiate with Mr. Maksymonko to obtain a right-of-way easement at a cost not to exceed $10,200 to be used for the construction of the driveway on the property. The easement would allow the Village to improve and modify the intersection of Spring Creek and Haeger's Bend Roads. Trustee Sapp seconded. All present said aye. Resolution 02-15 Barrington Park District Brownfields – The Board recognized Teresa Jennings, Executive Director of the Barrington Park District, who requested that the Village consider applying for a Brownfields Grant for the purpose of site investigation of the Jewel Tea property owned by the Park District. Attorney Wambach requested time to review both the proposed Intergovernmental Agreement and liability issues. It was agreed to place this subject on the agenda of the Special Meeting of August 6, 2000. Prior to that meeting, information for the grant application will be obtained and presented to the Board. Bischof Pond – The matter was addressed during consideration of the Mitchell easement. Trustee Gohl motioned to adjourn to Executive Session at 1:26 a.m. for the purpose of discussing matters of litigation. Trustee Fossler seconded. Roll Call. All present said aye. Village Board Meeting July 22, 2002 – page 6 Ayes: 7 (Sapp, Gohl, Abboud, Fossler, Horne, McManus, Kempe) Nays: 0 Absent: 0 Meeting Adjourned EXECUTIVE SESSION PUBLIC SESSION President Kempe called the public session to order at 2:21 a.m. Mirski Easement – President Kempe noted that the Mirski pond is entirely on the owner's property for which a conservation easement, prepared by the Village Attorney, was presented to the Board. Trustee Abboud motioned to accept the easement with the provision that it includes only that construction previously permitted within the setback and not for any future uses. Trustee Horne seconded. All present said aye. Resolution 02-16 Trustee Horne motioned to adjourn the public session at 2:30 a.m. Trustee Abboud seconded. All present said aye. Meeting Adjourned Approved _________________________________ 5 1