looked into this matter and have concerns that are shared by KDOT. He stated that the
SAO has been looking for alternatives that would allow for a process to move it forward
in a timely matter. Referencing the intergovernmental agreement (IGA) that was
passed by the County Board in January 2026, he explained that the IGA amendment
was never discussed with the other property owners, who are signatories on the IGA,
which means that the County is under contract with these owners. An exception within
the IGA states that if no rights are affected to the property owner, then the city/county
can move forward without any other authority. The issue with this matter is that it is
unclear if the property owner's rights would be affected. Frank stated that
Carpentersville is willing to identify and defend any actions that are filed against the
County. He asked the Committee if this was a process that they would be comfortable
with doing, which could run the risk of the County breaching the contract that was
signed in 1998, knowing that Carpentersville is willing to defend and indemnify the
County. Frank explained that the County is not just a participant in the contract, but are
the overseers of KDOT. Due to this, the County's engineer has statutory requirements
as it relates to the plat of highways. Additionally, there are also subdivision plat
requirements that are under law, which arise multi-faceted issues. Frank stated that the
best path for the County is to request the County engineer approve a permit conditional
on the proper platting, which will entail the IGA to be amended. He explained that
Carpentersville moved forward with the bidding process and has hired a contractor.
Now, this independent contractor, HR Green, Inc., wrote a note, which was supposedly
talked about with the KDOT Permitting Division, where he alleges that the County
would issue the permit conditional on a number of items. Frank stated that in speaking
with KDOT, this has been denied. In furtherance, Frank was told to give a number of
emails that were communications with the County's engineer, Carpentersville, KDOT,
and others. He explained that these emails are in direct contradiction to the note written
by HR Green, Inc. He stated that the emails said that the County will not approve a
permit without proper platting. As KDOT Deputy Dir. Rickert has indicated, in the last
30 years, he has never seen an exemption like this. The reason for this is that there is
no mechanism for the County to enforce the platting after construction is completed.
The only option would be for KDOT to use their police powers to either tear out the
access or blockade it until proper measures are taken. However, if it came to this, the
matter will be enhanced. Frank stated that the County engineer cannot be mandated to
do this, but he could be asked to issue a conditional permit that would allow
Carpentersville to begin the work on the access.
KDOT Deputy Dir. Rickert stated that KDOT has had a great working relationship with
Carpentersville. As this is an unique situation, KDOT has recognized a number of
issues. One being the County Board's approval of regulations in the 1980's, which were
updated in 2004. Rickert stated that the County Engineer and KDOT staff need to
adhere to these regulations. He explained that KDOT staff is concerned that what ever
process is followed, it goes along with the set regulations, it is fair and consistent, and
that all the municipalities are treated the same. In this case, he stated that a few weeks
ago a consultant engineer was hired by Carpentersville and this consultant voiced that
certain promises were made. However, KDOT would never work directly with a
consultant on an IGA. In which, Rickert has directed County staff not to correspond
with this consultant moving forward. He spoke on the embarrassment of this becoming
an emergent situation for the County Board and for the Village of Carpentersville. He
stated that while KDOT has looked over the consideration for the access point, the