Village of North Barrington Board of Trustees met January 10.
Here is the minutes provided by the Board:
1. Call to Order and Roll Call
At 7:40 p.m. President Albert R. Pino called the Special Meeting to order. The Village Clerk led the pledge of Allegiance, and then called the roll.
Present in Person: President Pino, Trustees Cobb, Kalinowski, Sauer, and Smith
(Trustee Sauer attended via conference phone)
Absent: Trustees Andrew and Weiner
Also Present:Village Administrator Kathy Nelander
Village Attorney J.W. Braithwaite
Kris Lennon, Deputy Village Clerk
Gery Herrmann
Dean Miller
Rick Damato
Anoosh Varda
Carlton Odim, 225 W. Washington Street, #2200
Chicago, IL 60606
M/M Jerry Celano
M/M Grant Born
M/M Gene McAlester
This Special meeting was held on the call of the President, with notice pursuant to the Open Meetings Act.
2.Motion to allow Trustee Sauer to attend the meeting by speaker telephone connection.
As provided by the Open Meetings Act and by the Village Code, Trustee Sauer filed
with the Village Clerk a request that she be permitted to attend the meeting by telephone, as she was in California on company business.
Motion: Trustee Cobb moved to permit Trustee Sauer to attend the Board meeting by telephone; seconded by Trustee Kalinowski.
Discussion: There was no discussion.
Vote on Motion
By Roll Call:Ayes:President Pino, Trustees Cobb, Kalinowski, and Smith
Nays:None
Absent:Trustees Andrew and Weiner
Abstain:None
Waiting on conference call—Trustee Sauer
President Pino declared the motion approved.
3. Public Comment
Gery Herrmann addressed the Board as the Plan Commission (PC) Chairman. He explained that the Village Board asked the PC to conduct an evaluation of a traffic calming control program since the Board has been discussing solutions for traffic issues on Clover Hill Lane. Specifically, the PC was asked to review Mt. Prospect’s traffic calming program.
Chairman Herrmann explained that the PC was opposed to implementing Mt. Prospect’s program. However; indicated that the PC could use Mt. Prospect’s program as a reference document.
Chairman Herrmann noted that the PC would continue to research the issue and provide policy recommendations for a traffic calming program.
4.Consideration of the annexation of property bordered generally by Route 59 on the east, a portion the Haverton on the Pond subdivision on the north and lying north and of Scott Road. The owners of two properties filed a Petition for Annexation to the Village of North Barrington in the Circuit Court of the 19th Judicial Circuit, Lake County, Illinois as Case No. 17MC2. The petition was granted by Judge Schippers and the matter referred to the Corporate Authorities of the Village of North Barrington for acceptance or rejection. Motion to approve an Ordinance, Ordinance # 1315 annexing the property described therein to the Village of North Barrington and automatically zoning the property as R-1, 5 acres, pursuant to the Village Code
President Pino asked if the petitioners wished to comment.
Jerry Celano, Petitioner, addressed the Board. Mr. Celano complained about the chicken farm and highlighted nuisances such as foul odors and noise. He indicated that the noise from the chickens/roosters lasts all day and that the dogs bark all night. He said that he cannot open his windows due to the smell and noise and believes that the owners of the chicken farm plan to have 10,000 – 20,000 chickens on the property.
Village Attorney J.W. Braithwaite asked where Mr. Celano’s property is located in relation to the chicken farm.
Mr. Celano stated that he lives directly south of the chicken farm and shares an approximate 600 ft. border with the property.
President Pino asked if there were any other comments from the petitioner’s side.
Grant Born addressed the Board and expressed his opposition to the chicken farm. He explained that the chicken farm has been a source of stress and frustration. Mr. Born explained that he lives next door to the Celano residence and noted his concern about the prospect of 10,000 – 20,000 chickens in his neighborhood. He indicated that he was unaware of the chicken farm until it was up and running. He stated that he has 35 chickens on his property and cannot imagine 10,000 -20,000 chickens occupying a property in his community which is predominantly residential. He noted that the chicken farm would dramatically affect his property value.
Trustee Kalinowski asked if Mr. Born had any roosters. It was noted that Mr. Born did not have any roosters on his property.
Dean Miller addressed the Board and noted his opposition to the chicken farm. Mr. Miller stated that he shares a border with the Celano property and with that of the chicken farm. Mr. Miller focused on the impact to the environment caused by chicken waste; specifically, drainage runoff. He noted concerns about decreasing property values, health and environmental issues. He mentioned that the dogs on the chicken farm run loose and that the Lake County Sheriff has been called.
President Pino asked if the owners of the chicken farm wished to comment.
Attorney Carlton Odim, 225 W. Washington Street, #2200, Chicago, IL 60606, addressed the Board on behalf of the owners of the chicken farm and requested that the Board delay the consideration of the annexation until sufficient information can be presented to the Board on issues such as runoff, noise, and cleanliness. Attorney Odim noted that his clients have invested over $2,000,000 in the chicken farm and explained that Lake County issued all of the necessary permits.
Village Attorney J.W. Braithwaite explained that if the annexation is approved, the Village would then begin the process of determining which Village ordinances are applicable to the property.
Attorney Odim asked that his clients (Varda) be provided the same consideration that the Celano’s were provided regarding their zoning variation request.
Trustee Kalinowski moved that the matter be tabled since the Board received the proposed annexation documents at 7:35 p.m. on the evening of the Special Board meeting. She was of the opinion that receiving the proposed documents at the last minute was inappropriate. She explained that she did not have time to review the documents or prepare questions.
President Pino asked if there was a second to Trustee Kalinowski’s motion.
No one wished to speak.
The motion failed for lack of a second.
Village Attorney J.W. Braithwaite apologized for the documents being presented last minute.
Trustee Smith was of the opinion that the documents could have been presented earlier however; noted that the issue was not new to the Board. Trustee Smith noted his trust with the Village Attorney and stated that he was comfortable moving forward. Trustees Cobb and Sauer concurred.
President Pino read the proposed Annexation Ordinance verbatim.
Trustee Kalinowski provided the following statement. It was her opinion that:
•Chicken farm was not within the Village limits and its use was approved by the County.
•Adjoining properties were not within the Village limits and believed it was their problem to address the issue with the proper authorities.
•Village funds were spent on two unincorporated properties not with the Village’s jurisdiction.
•She questioned why the Village didn’t annex all of the other properties along Scott Road.
•A map would have been beneficial.
•The property owners are within their legal rights and have the right to operate.
•There were no conversations with the owners of the chicken farm explaining the scope of their planned operations or waste disposal. She believed that the concerns of the Board were not verified as accurate, fair or factual and that the process was not fair or open to all parties.
•The effect of surface water quality was not a concern.
•There was difficulty obtaining a sample runoff from the property even during a heavy rain event.
•Runoff would flow to the wetlands at IL Route 59 and IL Route 22 where vegetation would absorb any nutrients that may be found in the diluted runoff.
•It was unlikely that contaminated stormwater would reach the aquifers.
•Environmental Protection Agency (EPA) has requirements for poultry farming. Adjoining properties owners should contact the EPA with their concern.
Trustee Kalinowski was of the opinion that the annexation would not provide the remedy that the petitioners are seeking and that the annexation does not give the Village any right to retroactively diminish the property owner’s right to pursue the agricultural use of the property as it currently exists. She believes that the owners would be grandfathered in and that more money would be spent on legal expenses to prevent the operation of the property.
Village Attorney J.W. Braithwaite noted that the Plat of Annexation was brought to attention of the Board at an early date.
Trustee Kalinowski indicated that she did not recall receiving a Plat of Annexation and noted that she’s attended every meeting.
President Pino asked Attorney Odim if he wished to comment.
Attorney Odim declined to comment.
President Pino asked Mr. Celano if he wished to comment.
Mr. Celano addressed the Board and explained that he disagreed with the findings that the groundwater would not be contaminated as there are not 20,000 chickens on the property currently.
Mr. Celano explained that no one is living at the property and that the farm is unattended at night. He noted that the chickens and dogs have escaped onto his property and that the Lake County Sheriff has been contacted. He noted that the property is not taken care of and he does not want to live next door to 20,000 chickens.
Trustee Smith was of the opinion that the annexation would allow discussions to begin about how to implement rules and regulations around the property being annexed.
Motion: Trustee Cobb moved to adopt Ordinance # 1315; seconded by Trustee Smith.
Discussion: There was some discussion.
Vote on Motion
By Roll Call:Ayes:President Pino, Trustees Cobb, Sauer, and Smith
Nays:Trustee Kalinowski
Absent:Trustees Andrew and Weiner
President Pino declared the Ordinance adopted.
5.Consideration of a recommendation by the Zoning Board of Appeals to grant or deny the zoning variation requested by the Gerald Celano and Robin Celano Trust:
1) to be allowed to maintain on their property upon annexation to the Village of North Barrington an existing barn with stalls for nine horses and to maintain nine horses on the property, as now permitted by Lake County zoning, provided that the owners shall maintain the property in a neat and sanitary condition, with horse manure placed in a container and removed from the property weekly for as long as the owners maintain more than three horses otherwise permitted by the zoning ordinance, and 2) to be allowed to use their property upon annexation to the Village of North Barringtonpursuant to the rules of the Zoning Ordinance of the Village of North Barrington applicable to five (5) acre parcels, although the property is slightly less than five acres
President Pino read the Findings by the Zoning Board of Appeals document dated 1/9/18 verbatim.
President Pino read the proposed Zoning Variation Ordinance # 1316 verbatim.
Motion: Trustee Smith moved to adopt Ordinance # 1315; seconded by Trustee Cobb.
Discussion: There was some discussion.
Vote on Motion
By Roll Call: Ayes:President Pino, Trustees Cobb, Kalinowski, Sauer, and Smith
Nays:None
Absent:Trustees Andrew and Weiner
President Pino declared the Ordinance adopted.
There were a few questions from the Board about the adopted Zoning Variation Ordinance #1316 which were answered by the Village Attorney.
Attorney Braithwaite verified that Trustee Sauer received the proposed documents prior to the evening’s meeting. Trustee Sauer confirmed that she received the proposed documents prior to the meeting via email.
6.New Business
There was no new business to discuss.
7.Adjournment
There being no further business to come before the Board, Trustee Cobb moved to adjourn the meeting; seconded by Trustee Kalinowski. The voice vote was unanimous in favor.
At 8:30 p.m. President Pino declared the meeting adjourned.
These Minutes were approved by the Board at a meeting held January 24, 2018.
http://www.northbarrington.org/minutes/2018
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