Cook County has never maintained Kellys Hill Road, but residentsDisplaybelieveAd Networkthe county assumed ownership of the road when the Township of Colvillprogramdissolvedby runningin 1935. On April 8, the county board received a legal opinion that it didthesenotadsownin the mainroad.
Residents on Colvill Township Road Number 1 (aka Kelly’s Hill) have requested that the county take over maintenance of the road, maintaining that the original road was funded by Colvill residents and in 1935 all assets owned by the township and taxation rights were turned over to Cook County. On Tuesday, April 8, 2014 they returned to the county board for a third time.
In a letter to the commissioners dated February 14, 2014, Jeff Wenz, president of Kellys Hill Road Maintenance Association (KHRMA), wrote, “To the best of our knowledge, there is no document of record that vacated or abandoned this road at a later date. Clearly, Cook County’s obligation and responsibility to maintain said road has been neglected for years.”
Local attorney Baiers Heeren, hired by the county to look into the matter, came before the board on April 8 and said, “The reason for the inquiry was to determine whether or not Kellys Hill Road was in fact a Cook County road. We did the research and looked at correspondence and came to the conclusion that Kellys Hill Road in fact, is not a county road. I did put together an opinion letter on that and gave it to the county attorney’s office,” said Heeren.
Commissioner Garry Gamble said the county wanted a legal opinion that could be defended it was challenged in court. He added that although appeared the county had no legal reason to help maintain the road, that doesn’t necessarily mean the county doesn’t have some responsibility to work with the county engineer to help alleviate some concerns.
To Heeren’s opinion, Wenz said, “In response. … I think we need some time to digest this opinion. Whether it’s legally defensible or truly a fact remains to be seen. I don’t know what we can say to this letter when we haven’t even had time to read it.”
Wenz read the newspaper copy from 1935 that stated that once the township was dissolved that the county would assume all former duties of the township except for the issuance of warrants. He also asserted that the KHRMA had given the county proof that the road was in place and being taken care of by Colvill before the township was dissolved and its assets and liabilities put into the county’s hands.
“Again, without delving into this memo, I’m shocked,” said Wenz.
Jeanne Smith of the county attorney’s office said, “I think what I heard from Baiers’s opinion was that there was no record establishing that as townnewspaper classifiedroad, sectionso(not road at the a the time of the dissolution thereofwas no recordyour newspaper).of it.” At times, advertisers mayIn request2013, membersa specific of the roadsection.associationHowever,voted to requestthe decisiona formalis ultimately designation of theupfirstto parteach (about 2,000newspaper.feet) Adsof Kellysmay Hill roadneedastoabecountydecreasedroad with slightlyturn aroundin size builtto fit at the endyourofcolumnthat portionsizes. of road, with the remaining portion ofPleaseroad dostillnotmaintainedbill for by KHRMA.these ads. If you have questions, please callBecause no one had
MNA at 800/279- a chance to look at Heeren’s opinion2979. Thankbeforeyou.the meeting, copies were made and distributed to Wenz and the commissioners and the matter will be discussed at a future meeting.
In other business
. A request from the Highway Department for the purchase of a Cyclone DP48 Sand Blast Cabinet in the amount of $1,725 plus freight was passed with full support from the board. The money was in the department’s budget.
. The Highway Department also received authorization to advertise for bids for liquid calcium chloride and gravel.
. Bids will be sought for summer road maintenance for West Rosebush Lane, and Rosebush Hill, Evergreen Road, Voyageur’s Point Road and Mile O’Pine Road.
. Braun Intertec Corporation was low bidder for two jobs. The first bid of $35,375 calls for them to complete 75 boring locations throughout a 9-mile stretch of Sawbill Trail and they will also complete a geotechnical evaluation for the proposed paving of the Sawbill Trail.
The second winning bid for $23,316 calls for Braun to complete 44 boring locations and geotechnical evaluations over a 4-mile stretch of the Gunflint Trail near Loon Lake.
. Cook County Office of Planning & Zoning Director Tim Nelson presented the Land Use Guide Plan Update Committee’s recommendations, which call for an updating of the county’s’ current Comprehensive Land Use Guide Plan.
Nelson recommended that the county hire consultant John Powers of Applied Insights at a cost not to exceed $40,730, which the board agreed to do. Powers and the working committee will collaboratively review the four major components of the Land Use Guide Plan—sense of place; desired future condition; guiding principles; and implementation—with intent to determine: What has worked or is still valid today? And what hasn’t worked and why? Powers will assist with surveys, the media, and help to lead two public meetings. The work must be completed by May 31, 2015.
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