APPEALS HEARING MINUTES
RE: JOHN FAHY SUBDIVISION
JUNE 15, 1998
The appeals hearing was called to order on June 15, 1998 at 6:50 p.m. In attendance were President Shields; Trustees Czerniawski, Harney, Merkel, Nemec, and Williams; Village Attorney Schuster; Code Enforcement Officer Kruse; John Fahy and his attorney Catherine Hurlbut; and Clerk Olson.
President Shields stated that this appeals hearing was called at the request of John Fahy pursuant to the letter of May 14, 1998 concerning his subdivision at Randall Road and Joy Lane, and stated the rules for this hearing, which were previously distributed to all parties. MERKEL MOVED WITH A SECOND FROM CZERNIAWSKI TO ADOPT THE VILLAGE OF SLEEPY HOLLOW BUILDING CODE APPEALS PROCEDURAL RULES. MOTION PASSED BY VOICE VOTE. Written notice of this hearing was sent to both Mr. Fahy and Ms. Hurlbut.
Ms. Hurlbut spoke on behalf of her client and noted that she previously stated her position which has been documented in writing. She noted that our notices have given little advance warning of due dates and hearings, making thorough research difficult. She questioned whether Mr. Kruse had the authority to revoke the permit under the May 14 1h letter that is the basis of this appeal, and has reviewed §6176 of the Kane County Code book. She said the legal issues have already been presented but added that Mr. Fahy has also made many telephone calls to Mr. Kruse in this matter.
Mr. Kruse said that his May 14 1h letter states his position and added that other sections of the Code allow all actions that he has taken in this matter. He noted that the permit revocation and stop work order have nothing to do with the impact fee issue, but the granting of an occupancy permit and issuance of a new work permit would be connected to the impact fee issue.
Ms. Hurlbut responded that the May 14 th letter states that the action was taken due to failure to follow ordinances, one of which is payment of fees due. Another was allowing occupancy of the house by the purchasers, which they claim they did not allow. She said she should also have received notice of any other code sections violated by her client so appeals could be made to those sections also.
HARNEY MOVED WITH A SECOND FROM NEMEC TO ADJOURN TO EXECUTIVE SESSION AT 7:00 P.M. TO DISCUSS THE MERITS OF TI-HS APPEAL PURSUANT TO §2(C)(I 1) OF THE OPEN MEETINGS ACT. MOTION PASSED BY VOICE VOTE.
The hearing reconvened at 7:40 p.m. Attorney Schuster stated that this matter will be taken under further advisement. HARNEY MOVED WITH A SECOND FROM CZERNIAWSKI TO CONTINUE THE APPEALS HEARING TO THE NEXT REGULAR BOARD MEETING ON J-ULY 6,1998. MOTION PASSED BY VOICE VOTE.
Respectfully submitted,
Norine Olson
Village Clerk
