1. 2. 3. The September 13, 2005 Board meeting was called to order by Supervisor Anderson at 7:43 p.m. at the Community Center. The Pledge of Allegiance was recited. Clerk Johansen called the roll with Supervisor Anderson and Trustees Koppenhofer, Stutesman, and Judy present. Trustee Kupar was absent.
4. New Business – Elgin Annexation: Public Forum and Discussion: Supervisor Anderson introduced Ceil Anderson with Senator Chris Lauzen’s office, Barb Wojnicki, Kane County Board Representative for Campton Township, and Patsy Smith, Christian Boissonnas, Roy Pollack and Jim Kopec with Preserve Campton, all of whom were in attendance. N. Anderson stated it appears the City of Elgin intends to complete the process of annexing the land that Residential Land Development Corporation has requested be annexed, and it further intends to zone the property for the uses and density the Petitioner has requested. The Township, and the Preserve Campton organization, as well as many independent residents of the Township have been heavily engaged in presenting evidence to the Elgin officials showing why this should not be done. We should all be proud of the efforts and time we have invested in that activity. In spite of our efforts, the City has indicated in the recent vote on the matter that it intends to ignore the facts we have presented and proceed with the annexation. If the City votes to approve annexation documents, there is little left for us to do to try to stop the process, although we will certainly do our best. Failing that, if the annexation is completed, we do have the option of considering litigation in the courts challenging the legality and appropriateness of the annexation process itself. Deciding whether or not to institute such litigation is a very important decision and one which must be made by the Board of Trustees of the Township in consultation with our attorneys. However, part of that decision-making process must and does include receiving input from you – the residents of the Township on how you feel about this and that is the purpose of tonight’s Forum. This is not intended to be a discussion between the Board and the residents; it is intended to be a way for us to get input from you. We want to know what you think. It seems that the actual completion of the annexation is probably weeks away so there is time for us to make reasoned decisions and time for our attorneys to do the necessary research and discuss the issues with us. We would like to keep this Forum to about an hour after which we will move on to the regular business on the balance of the agenda. I would ask that each speaker keep his or her time to no more than 3-4 minutes and please, if someone has already made a point or said what you were going to say, please do not feel that you need to say it again. Residents’ e-mail comments regarding suing over the Elgin annexation were 29 yes that included: safety (fire and police protection), water shortage, reduced groundwater recharge, school overcrowding, maintaining quality of life, drilling deep wells, negative impact on housing values, traffic, destruction of wildlife habitat, high density housing, congestion, degradation of rural environment, noise and light pollution, impact on infrastructure. Residents e-mail comments regarding suing over the Elgin annexation were 2 no that included if the lot sizes were 1 to 2 acres per house they were for building. This residents comment would likely change to yes if he knew the density. Please continue to send your comments regarding possible legal action by e-mail. I now open up the Forum and ask for Public Comment: Public Comment: Patsy Smith stated Preserve Campton was formed to study the proposed annexation. Attorney Bill Braithwaite was hired. The Public Hearings in Elgin laid the legal groundwork for challenge because cities have to follow their Ordinances and land planner Mike Donahue’s testimony showed Elgin did not do that. Also does the 300 foot strip connecting Elgin with the proposed annexation constitute contiguity of annexation? The impact to our schools will be terrific. A 25 million deficit in ten years is projected from this growth. This is two million in operating expenses per year, and seven million in capital expenditures. Schools will be turned into trailer parks. We will have split shifts. The school impact will affect property values. The current referendums have nothing to do with Elgin because that is not built yet. Doing nothing is costly to homeowners. Hal Morris, the litigator with Braithwaite’s firm said we could go two ways. First, the Judge reviews the transcript of the Elgin hearings and makes a Declaratory Judgment. That is cheaper. Second, we could start the process over with depositions and testimony. That is more expensive. Vince Schuster stated the Township should sue Residential Land Fund (RLF) and the City of Elgin. An alternate plan is to purchase the RLF Stony Creek properties and convert them to open space. Litigation will get their attention and could become a basis of negotiation. Neal Anderson stated they bought the west property. The eastern property is an option. We asked the developer to bring the project back to Campton Township. Barb Wojnicki stated regarding buying the properties from the developer, our Open Space Plan only allows us to buy from willing sellers, and she doesn’t think the developers will be willing sellers. Bruce Aderman asked what is the cost of attorney fees for a lawsuit. Patsy Smith stated the price quoted for administrative review was $10,000 to $20,000. Starting the process over with depositions and testimony was estimated to be $70,000 to $120,000 by a private attorney. Jim Kopec of Preserve Campton stated regarding lawsuits, Elgin has backed down when challenged. For example, with the Pingree Grove Fire Department. In a similar case with South Elgin, Elgin backed down. In our case, the land developers have offered to pay Elgin’s legal fees. That is because the steaks are high. There is much profit for the land developers. Elgin is not following their own Ordinances. Their Ordinance requires a 500 foot buffer. They don’t follow it, and claim it’s optional. It’s not optional. Bob Bennet on Silver Glen Road stated he spoke with Senator Lauzen last night. This is politics. We need to get political power. He is concerned if it goes up for judicial review. Could the court get political. Can we get this in front of a jury? Wendy Schlacter of Arlington Estates asked how is this going to be funded? Supervisor Anderson stated we can budget money. Wendy Schlacter stated she supports litigation. John Moscinski asked is it true the land developer is funded by union pension funds? Jim Kopec stated Residential Land Fund (RLF) is funded by several unions. It’s an investment group plus a union pension fund that has 50 million that is devoted to producing an above average return per their prospectus. John Moscinski stated they didn’t listen to common sense. They only cared about money. He agrees with a lawsuit for as long and as far as it has to go because it costs us more in the long run. Sue Winland stated she has lived in Weybridge for 30 years. She studied incorporation and it seems we need to be incorporated as a town to control this. Otherwise they will keep doing this. Supervisor Anderson stated the Township has no zoning powers. The County has them in unincorporated areas, but the County can’t control zoning when cities annex. Campton Township did form a Plan Commission that forces a three quarters vote at the County level in order for the County to approve a plan the Township opposed. Patsy Smith stated you are right about incorporation. Preserve Campton is working on that. Robert Ulaszek asked are there costs to a new town? Patsy Smith stated we are studying costs now. We are doing our homework in order to give you good information. Supervisor Anderson stated the Township has to stay neutral regarding incorporation. It has to come from the people. The Township won’t go away with a new town. We will continue to exist. Jim Kopec stated options along with the lawsuit are to oppose the Facilities Planning Area (FPA) approval by the Northern Illinois Planning Commission (NIPC). Christian Boissonnas, the Secretary of Preserve Campton, stated the day our petition to incorporate was filed, no one else could come in to annex another development anywhere. We are first in line until the incorporation question is resolved. Vince Schuster stated is Stony Creek East an option only? Supervisor Anderson stated yes. Vince Schuster asked what is the sense of that? Supervisor Anderson stated typically developers take an option. They don’t commit until it’s lined up totally. Kathy Krasnowski of Ridgeline Road asked do we have a professional opinion of what our chances are? If our chances of success are less then 50-50 should we go forward? Would it stop the process if we are in litigation? Supervisor Anderson stated they could still go forward. Patsy Smith stated attorney Braithwait and his litigator said our odds are better then 50-50. Greg VanZandt asked do you have a feeling for the point to regroup? Patsy Smith replied they are not interested in negotiating with us, or the school district. The school district asked for a moratorium on growth. There was no answer. Van Richards stated he has been practicing law here for 40 years. He thinks the lawyers for Campton Township and Preserve Campton did a good job. There are three ways to litigate. One, the Administrative Review Act – did they follow their Ordinances. Two, an injunction. Three, a declaratory judgment to construe their Ordinances were not followed. You’d be foolish not to litigate. Your case is too good. Regarding the issue of politics if it’s before a single judge, this would probably go before Judge Coldwell, and you would get a fair shake. I thought Elgin was out-lawyered. Supervisor Anderson stated we will now take a break in the proceedings. After the break Supervisor Anderson stated he wanted to add Plan Commission update to the agenda. A. Koppenhofer moved the Board put Plan Commission update on the agenda. The motion was seconded by K. Judy. On a voice vote Supervisor Anderson and Trustees Koppenhofer, Stutesman, and Judy voted aye. Trustee Kupar was absent. The motion passed.
Plan Commission Update: Plan Commission Chairman Jim Morgan stated JoAnne Dybas resigned from Plan Commission. He thanked her for seven years of service. Al Rottmann was appointed to Plan Commission. Plan Commission Vice-Chairman Richard Johansen pointed out it is required for Plan Commission to keep minutes of its meetings. A member of the Lily Lake Plan Commission attended our last meeting. Todd Williams, a member of our Plan Commission, attended Lily Lakes Plan Commission meeting last night. It’s a good idea to send someone from our Plan Commission to keep communication open. Kirk Corporation presented a proposal for property on the southeast corner of Routes 64 and 47 that is in the planning area of Lily Lake. Their proposal required no action, just discussion. Lily Lake has a moratorium on development. Next we reviewed Campton’s Planning Map. We are trying to make our land use plan consistent with the County. He suggests we mark the commercial areas. Later we address whether the commercial footprint will be larger. We decided to leave resource management out (Fox Mill, Mongerson-LaFox, Elburn). We will address the wording later in the small parts of the Plan. K. Judy stated you did a great job. It’s important not to include zoning anymore. What about the Windings? J. Morgan stated we leave it as a default. Can we pay someone to take minutes? K. Judy stated try to get someone. Maybe the next person you appoint. We can’t take any action now because this item is not on the agenda. N. Anderson stated we can have a Public Hearing on the revised Planning Map proposed by Plan Commission. M. Tyrrell asked what about open space around Wasco? J. Morgan stated this is the Forest Preserve and the Great Western Trail. The Plan Commission considers the Campton Township Comprehensive Land Use Plan a great document that needs only minor tweaking. K. Judy asked what is 1/3 + 1/3 + 1/3 in the 2030 Plan? J. Morgan stated their plan is to keep 50% of the County in agriculture. The County thinks treated sewage effluent spray fields are open space. A misunderstanding with the County was they thought 40% open space was for PUD’s, only, when our Plan Commission believed 40% open space was for all undeveloped land. That is a future area for discussion, as to whether to take a hard line on 40% open space.
5. Approval of Minutes:
a. Board Meeting August 9, 2005: K. Judy moved the Board approve the minutes of the meeting of August 9, 2005. T. Stutesman seconded the motion. In a voice vote Supervisor Anderson and Trustees Koppenhofer, Stutesman, and Judy voted aye. Trustee Kupar was absent. The motion passed.
6. Claims and Demands for Payment:
a. Town Fund: A. Koppenhofer moved the Board approve the claims and demands on the Town Fund. K. Judy seconded the motion. On a roll call vote Supervisor Anderson and Trustees Koppenhofer, Stutesman, and Judy voted aye. Trustee Kupar was absent. The motion passed.
b. Open Space Fund: A. Koppenhofer moved the Board approve the claims and demands on the Open Space Fund. K. Judy seconded the motion. On a roll call vote Supervisor Anderson and Trustees Koppenhofer, Stutesman, and Judy voted aye. Trustee Kupar was absent. The motion passed.
c. Park and Recreation Fund: None.
7. Executive Session – Land Acquisition: A. Koppenhofer moved the Board go into Executive Session for the purpose of land acquisition and include Township botanist Jack Shouba. The motion was seconded by K. Judy. On a roll call vote Supervisor Anderson and Trustees Koppenhofer, Stutesman, and Judy voted aye. Trustee Kupar was absent. The motion passed and Executive Session began at 9:45 p.m.
8. Old Business:
a. Review and Act Upon Contract to Purchase 50 acres in Southwest Quadrant per Open Space Plan: K. Judy asked how much? N. Anderson stated three million but John Kupar said we will get 1.5 million for wetland mitigation. We have 10 million available now, and 45 days to finalize after approving the contract tonight. K. Judy stated let’s get the number of wetland credits within 45 days to decide if we finalize this after approval tonight. A. Koppenhofer moved the Board purchase property 04-04 of the Open Space Plan consisting of 50 acres in the southwest quadrant. T. Stutesman seconded the motion. On a roll call vote Supervisor Anderson and Trustees Koppenhofer and Stutesman voted aye. Trustee Judy voted no. Trustee Kupar was absent. The motion passed.
9. Adjournment: K. Judy moved the Board adjourn the meeting. T. Stutesman seconded the motion. On a voice vote Supervisor Anderson and Trustees Koppenhofer, Stutesman, and Judy voted aye. Trustee Kupar was absent. The motion passed and the meeting adjourned at 10:37 p.m.
Respectfully Submitted,
Richard Johansen
Clerk