School Board Bleacher Letter to District 155 Parents

The following letter was sent via email to Crystal Lake High School District 155 parents on Monday:

Amberwood homes behind the south side of the football bleachers.

Amberwood homes behind the south side of the football bleachers.

Today, the Community High School District 155 board of education asked the Illinois Supreme Court to review the recent appellate court decision that Crystal Lake South High School’s newly constructed bleachers should be subject to the City of Crystal Lake’s zoning ordinances.

As part of this process, we are also required to appeal the trial court’s latest order directing District 155 to retroactively pursue municipal zoning approval of this project.

As district parents, it is important for you to understand the impact that the trial and appellate courts’ decisions could have on students and why District 155 has taken these actions on behalf of its taxpayers.

South High School bleachers.

South High School bleachers.

We have taken these actions for three reasons:

  • District 155 properly followed the Illinois School Code in planning and constructing the bleachers. State law requires that the planning and construction of school facilities must be approved by the Regional Superintendent of Education, an elected official who supervises all K-12 public education districts in McHenry County. This is how District 155 has always managed school construction projects, and in this case, we followed this process to the letter.
  • It is our duty to be responsible stewards of the taxpayer resources that funded the bleacher project by not incurring additional costs that could result from a retroactive zoning process when we know the project was fully approved by the proper authorities—again, in this case, the Regional Superintendent.
  • This issue has implications that extend far beyond District 155 and will impact school facilities planning statewide for years to come. Recent court rulings will drastically change how public school facilities are built, maintained and used. Until now, no court has ever ruled that property used for public school purposes is subject to municipal zoning. In fact, the closest court cases have gone the other way—determining that public schools are exempt from local building codes and public universities are exempt from local health and safety ordinances.

If they stand, these rulings would mean that all previously completed school facilities, both in District 155 and throughout the state, would now be subject to retroactive municipal zoning review—even though they had already been approved by the local regional superintendents.

The crowd at the first game last year, held on Saturday after the Friday event was rained out.

The crowd at the first game last year, held on Saturday after the Friday event was rained out.

This would have significant financial implications for school districts that are already working hard to maximize taxpayer resources under reduced state funding.

Future school projects across the state will incur additional costs and delays because they would also be required to go through both the Regional Office of Education permitting process and the municipal zoning process—two parallel and redundant procedures.

Therefore, we feel it is necessary and appropriate to seek a definitive legal opinion on this matter from our state’s highest court. Because of its significance to public school districts throughout the state, District 155’s attorneys (the Arlington Heights-based law firm of Hodges, Loizzi, Eisenhammer, Rodick & Kohn LLP—a leading firm in school law) have agreed to provide legal services for this matter on a pro bono basis at no cost to the district.

It is also important to emphasize that costs associated with the trial and appellate court litigation on this issue were covered primarily through the district’s insurance policy.

District 155 is committed to being a good partner to the Crystal Lake community. We are and have always been open to making compromises to address the privacy and quality of life concerns of our residential neighbors.

This is where South High School provided thrones for those attending football games the first night.

This is where South High School provided thrones for those attending football games the first night.

We have relocated portable restroom facilities to a more remote location, increased security during games and when the facility is not in use, and restricted access to top and side seating, among other accommodations.

Perhaps some adult supervision may have been advisable for these kids.

Perhaps some adult supervision may have been advisable for these kids.

Additionally, we hired a forestry consultant to explore options to create an aesthetic and natural buffer between the bleachers and our neighbor’s properties.

Since this issue first arose, we have worked hard to minimize any adverse impact or disruption to students and their educational experience. We will continue to do so moving forward and will also keep you informed on any new developments.

In closing, we thank you for your support of Community High School District 155 schools and students. If you have questions about this issue, please contact us at (815) 893-5478 or CommunityInput@d155.org.

Sincerely,

Ted Wagner, President
Dr. Gary Oberg, Vice President
Jim Nelson
Dave Secrest
Barb Slusin
Ann Somers
Karen Whitman


Comments

School Board Bleacher Letter to District 155 Parents — 8 Comments

  1. That one letter is sufficient reason to send every one of the Board members out to pasture when the next elections are held.

  2. Letter was a PR stunt, plain & simple.

    They should all be voted out.

  3. Gus, I have a question for you.

    Why, when you have your own blog site on the Woodstock something or other, you continue to comment on Cal’s blog?

    I see Harrison tried to give you some business by telling people to comment on your blog (favors already) for supporting Harrison?

  4. Leslie Schemerhorn is running for election again on the next ballot.

    She is unopposed.

    Still, do not give her your vote.

    She started this mess.

  5. If Leslie Schemerhorn is “running again” is it for D-155 board?

    She’s currently McHenry County Superintendent of Schools, also an elected position.

    Good luck voting anyone on this board out.

    Most of them have been there since trilobites were swimming in the Fox River.

    Can I buy stock in D-155’s law firm?

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