McHenry County Planning, Environment & Development Committee Met May 4.
Here is the minutes provided by the committee:
1. CALL TO ORDER
Meeting called to order at: 8:32 AM by Larry W Smith.
PRESENT: Smith, Aavang, Gottemoller, Meshes (Remote), Phillips (Remote 8:33 AM - 10:53 AM), Schofield, Schwartz, Yensen (Remote)
ABSENT:
Also present was: Peter Austin; County Administrator, Scott Hartman; Deputy County Administrator, Dennis Sandquist; Director of Planning and Development, Adam Wallen; Building Enforcement Officer, Joanna Colletti; Water Resources Manager / Stormwater Chief Engineer, Patricia Nomm; Director of Environmental Health, Michael Buehler; County Board Chairman, Kelli Wegener; County Board Member, Jeffrey Thorsen; County Board Member. The following members attended via webex: Renee Hanlon; Planning Manager/Zoning Enforce Officer.
2. MINUTES APPROVAL
1. Planning, Environment & Development - Public Meeting - Apr 6, 2021 8:30 AM
| RESULT: ACCEPTED [UNANIMOUS]
MOVER: Joseph Gottemoller SECONDER: Carolyn Schofield AYES: Smith, Aavang, Gottemoller, Meshes, Schofield, Schwartz, Yensen ABSENT: Phillips |
Jeff Schramuk of Huntley, regarding the Hennings Estate Infrastructure. (Reserved his comments for during the discussion)
Bernardo Russo of Poplar Grove, regarding the Community Farm LLC.
Heather Friedli of Lake in the Hills, regarding the Community Farm LLC.
Joe Jozwiak of Huntley, regarding the Hennings Estate Infrastructure. (Reserved his comments for during the discussion)
Mary McCann, regarding the Hennings Estate Infrastructure.
4. MEMBERS' COMMENTS
5. PRESENTATION
1. United States Geological Survey (USGS) presentation on McHenry County’s monitoring well network and on-going water quality studies (Stable Environment and Sustainability)
Chair Smith mentioned the presentation was submitted to the incorrect agenda, and will be brought forward at the June Planning, Environment & Development meeting.
Chair Smith skipped forward to 6.1.B, for the interview of Lloyd Everard, due to Reynaldo Gayton not having yet arrived.
| RESULT: CONTINUED Next: 6/1/2021 8:30 AM |
1. Interviews
a. 8:40 a.m. - Reynaldo Gayton - McHenry County Conservation District
Chair Smith began by welcoming the interviewee and stating that they have five qualified applicants for one position, which is great for the County but will be unfortunate for the four applicants who are not chosen.
Committee members introduced themseves and interviewed Reynaldo Gayton for consideration for appointment to the McHenry County Conservation District. It was noted that Mr. Gayton meets the requirements as a member for the McHenry County Conservation District.
After the interview of Reynaldo Gayton, Chair Smith moved forward on the agenda to 6.1.C.
b. 8:50 a.m. - Lloyd Everard - McHenry County Conservation District
Chair Smith began by welcoming the interviewee and stating that they have five qualified applicants for one position, which is great for the County but will be unfortunate for the four applicants who are not chosen.
Committee members introduced themselves and interviewed Lloyd Everard for consideration for appointment to the McHenry County Conservation District. It was noted that Mr. Everard meets the requirements as a member for the McHenry County Conservation District.
After the interview of Lloyd Everard, Chair Smith moved back up to 6.1.A, due to Reynaldo Gayton having arrived.
c. 9:00 a.m. - Mimi Book - McHenry County Conservation District
Chair Smith began by welcoming the interviewee and stating that they have five qualified applicants for one position, which is great for the County but will be unfortunate for the four applicants who are not chosen.
Committee members introduced themselves and interviewed Mimi Book for consideration for appointment to the McHenry County Conservation District. It was noted that Ms. Book meets the requirements as a member for the McHenry County Conservation District.
d. 9:10 a.m. - William Pennock - McHenry County Conservation District
Chair Smith began by welcoming the interviewee and stating that they have five qualified applicants for one position, which is great for the County but will be unfortunate for the four applicants who are not chosen.
Committee members introduced themselves and interviewed William Pennock for consideration for appointment to the McHenry County Conservation District. It was noted that Mr. Pennock meets the requirements as a member for the McHenry County Conservation District.
e. 9:20 a.m. - Ken Wick - McHenry County Conservation District
Chair Smith began by welcoming the interviewee and stating that they have five qualified applicants for one position, which is great for the County but will be unfortunate for the four applicants who are not chosen.
Committee members introduced themselves and interviewed Ken Wick for consideration for appointment to the McHenry County Conservation District. It was noted that Mr. Wick meets the requirements as a member for the McHenry County Conservation District.
Motion: f. Deliberation and Selection of up to One Candidate for Recommendation to the County Board Chairman for the McHenry County Conservation District Board Trustee to serve a 5-year term beginning July 1, 2021.
A Motion was made by Mr. Schwartz, Seconded by Ms. Aavang to select Mimi Book as a candidate for recommendation to the County Board Chairman for the McHenry County Conservation District Board of Trustee to serve a 5 year term beginning July 1, 2021. The Motion failed on a roll call vote with a majority of the members voting nay. The following members voted aye; Aavang, Schwartz and Smith.
A Motion was then made by Mr. Gottemoller, Seconded by Ms. Schofield, to recommend the appointment of Reynaldo Gayton to the County Board Chairman for the McHenry County Conservation District Board Trustee to serve a 5 year term beginning July 1, 2021. The Motion passed on a roll call vote of a majority of the members voting aye (Mr. Schwartz voted Nay).
After the deliberation of Mr. Gayton, Chair Smith called the meeting into a break at 10:02 AM. Chair Smith called the meeting back to order at 10:12 AM.
| RESULT: ADOPTED [7 TO 1]
MOVER: Joseph Gottemoller SECONDER: Carolyn Schofield AYES: Smith, Aavang, Gottemoller, Meshes, Phillips, Schofield, Yensen NAYS: Schwartz |
Dennis Sandquist, Director of Planning and Development, joined the committee to discuss the Subdivisions with Incomplete Infrastructure.
Mr. Sandquist began stating there was a Matrix in the Agenda packet which he handed out to all the committee members. He was introduced the idea of having a matrix last month to provide details about the Subdivisions.
Chair Gottemoller invited Jeffrey Thorsen to join the committee at the table for the duration of the discussion.
Mr. Sandquist stated eighteen months ago the then Zoning Administrator brought it to his attention that they had seven subdivisions with incomplete infrastructure in various stages of construction, as well she recognized they did not have the Letters of Credit on file. The first five on the matrix list on the agenda; Kilmarnock Glen, Riley Creek, Whiskey Creek, Wildwood, The Woods of Stone Ridge. There were two more on her list, whom had responded back and provided the Letters of Credit, which they had all along but were never filed. He mentioned he added two more subdivisions to her list, their situations were different but since they are discussing incomplete subdivisions he thought they would be appropriate to add, those being Brookstone and Hennings Estate. Looking back at the first five properties their Letters of Credit all expired in 2009/2010, he stated they were managed by the Zoning Administrator, after the last Administrator brought it to his attention they have advanced their procedures on that matter. He stated that the Letters of Credit are still managed by the Zoning Administrator, which are in a specific file cabinet in her office, which only herself, Adam Wallen as Deputy Director and himself know of where they are and have access to them. They are aware that they will come to be expired soon and they task the Zoning Administrator with reaching out to the bank 90 days in advance and work through the process of getting a new Letter of Credit. He mentioned they have Letters of Credit on gravel pits, solar farms and demolition projects if someone proceeding with a permit, all of which are managed by the Zoning Administrator. As well she has directions on communication with the banks 90 days in advance and getting extensions if necessary, he oversees the operations along with Adam Wallen to make sure the correct steps are being taken. Discussions on the subdivisions that are out there with the States Attorney’s Office were aiming toward the idea that they should consider filing a legal notice on the title with the lots and put people on notice that the issues need to be addressed before they issue building permits. Another idea that was discussed was about the old subdivision ordinance and the current UDO which state that the Letters of Credit are required for subdivisions, they could consider reaching out to the developers again with stronger language that they need to file a Letter of Credit and consider a zoning violation if they do not comply, which he feels is worth some discussion and review.
Mr. Gottemoller stated that he remained present because everything that was discussed so far did not include Hennings, and he wanted to make it clear he would not be discussing Hennings. As well he mentioned that he has no problem with Mr. Sandquist putting on record to the world that they will not issue building permits until the underlined structural issues are addressed, and to tell all of the subdivision owners in the future that they have got some work to do.
Chair Smith wanted to confirm on the agenda that the Hennings Estate Infrastructure Analysis and Cost Expenses is a separate discussion item.
Ms. Schofield mentioned she was curious and completely agrees with Mr. Gottemoller, about the comments that were made by Mr. Sandquist about the subdivisions with no completed homes and gives the Board the opportunity to let them know of their obligations before being able to build. She did want to inquire about the property with the owner developer and if people live in those properties. Mr. Sandquist confirmed Brookstone has one sold house that is occupied and the remaining lots were bought by a neighboring property owner and he understands the stormwater system is not working and that they will not issue building permits as well he will not seek any until the improvements are made there, but he would still suggest that they file a notice in case they come available on the market. The Woods of Stone Ridge has one home built, the other ones are between the developer and individual owners. Wildwood has the lots by the developer on private streets, they have notes that the stormwater was approved and once they verify that, that property will consist of filing a notice that those are private roads and not subject to County maintenance. Whiskey Creek has everything owned by the developer so he thinks filing a notice of not issuing building permits until they address the roads is an easy task. Riley Creek has 7 completed homes which are on Hill Street and has been accepted by the townships. Lastly Kilmarnock Glen has no built homes but has 4 lots owned by individuals and 1 buyer of the remaining 11 lots. At the time he purchased that, there was correspondence with the Planning and Development office with the engineer of record for that subdivision suggesting in a month for a new Letter of Credit but they never received it. He stated he believed the buyer of those 11 lots knew at that time that a Letter of Credit was an expectation.
Dr. Yensen thanked Mr. Sandquist for the Matrix he put together stating it makes the information easier to visualize and understand. As well she inquired about the Wildwood subdivision and if the reason why the pavers and non-standard curbs are not up to code is because they would have a Homeowners Association that would govern those types of standards. Mr. Sandquist stated it happened because it was platted as a private roads, within the Covenants of Restrictions Letter he assumes there is language that specifies that the Homeowners Association is responsible for ongoing maintenance.
| RESULT: DISCUSSION |
Dennis Sandquist, Director of Planning and Development, joined the committee to discuss the Henning Estates Infrastructure.
Mr. Gottemoller exited the meeting for the duration of the discussion. Chair Smith permitted the members of the public to give their comments at the beginning of the discussion. Before the public comments Mr. Sandquist wanted to make an opening comment, which the Homeowners Association is aware of. Baxter & Woodman completed their technical memorandum, with the understanding that they would not have to pay prevailing wage because it is not being paid for with public funds due to this being the developers Letter of Credit. The States Attorney took the time to do more research on that and came up with the conclusion that because it is being paid for on behalf of a public entity the prevailing wage still applies.
| RESULT: DISCUSSION |
| RESULT: DISCUSSION |
| RESULT: RECOMMENDED [UNANIMOUS]
MOVER: Joseph Gottemoller SECONDER: Michele Aavang AYES: Smith, Aavang, Gottemoller, Meshes, Phillips, Schofield, Schwartz, Yensen |
Dennis Sandquist, Director of Planning and Development, joined the committee to discuss the resolution.
8. ITEMS REMOVED FROM CONSENT AGENDA
9. OLD BUSINESS
Chair Smith mentioned that David Brandt is the person leaving the McHenry County Conservation District not John Henning
10. REPORTS
1. ZBA and Hearing Officer Reports
1. Petitions before the County Board on May 18, 2021
Renee Hanlon, Planning Manager/Zoning Enforce Officer, joined the committee to discuss the petitions going before the Board.
| RESULT: PRESENTED |
12. ADJOURNMENT
A Motion was made by Mr. Gottemoller, Seconded by Ms. Schofield to adjourn the meeting. The Motion passed on a voice vote of all present members voting aye, the meeting was adjourned at 11:44 AM (absent was Phillips).
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