IDNR Agreement Memo

8/3/2019 IDNR Agreement Memo

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A Professional Corporation140 South Dearborn Street, Suite 600Chicago, IL 60603www.ancelglink.corn

Jul ie A. Tappendorfjtappendorflancelglink.corn(P) 312.604.9182(P) 312.782.0943

MEMORANDUMTo:

CC:

Mayor HerrmannMembers of the Board of TrusteesJen Gomez

From: Julie A. TappendorfSubject: Intergovernmental Agreement (Grand Illinois Trail/Island Lake Segment)Date: January 10, 2012

On April 26, 2007, the Village Board of Trustees of Island Lake approved an intergovernmentalagreement with the Illinois Department ofNatural Resources (IDNR) concerning the creation ofGrand Illinois Trail. A copy of the IGA is attached as Exhibit A and a copy of the minutes ofthe meeting where the IGA was approved are attached to this memorandum as Exhibit B. Underthe IGA, the Village agreed to cooperate with IDNR on the construction of the proposed trailwithin the Village's borders and to include certain construction obligations in its agreement withWalnut Glen subdivision, which the Village did when it approved the Walnut Glen developmentapprovals.We were recently contacted by the IDNR for a copy of the signed IGA which they need for theirrecords. Unfortunately, the Village was unable to locate a signed copy of the IGA in its files.Although the Village Clerk provided a signed certification to the IDNR that the IGA wasapproved by the Village Board (Exhibit C), the IDNR requires that the IGA be signed by theMayor and Clerk. Because neither the Mayor nor the Clerk served in those roles at the time theIGA was approved in 2007, we have recommended that the current Village Board formallyauthorize them to sign the IGA. The proposed action does not "reapprove" the IGA since it wasvalidly approved in 2007; instead, this action merely authorizes the current Mayor and Clerk tosign the IGA in the form approved in 2007.I will be at the meeting on January 12th to answer questions about this issue.

CHICAGO ~ VERNON HILLS ~ WESTERN SUBURBS ~ CRYSTAL LAKE ~ BLOOMINGTON


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INTERGOVEBNKENYAL AGREEMENTGRAND ILLINOIS TRAIL/ISLAN9 LA:fCE SEGMEiNTISTAND LAICE, IL.Agreement made tlzis dayof, 200between the Illinois Department ofNatural Resources, herein after referred to asIDNR, and the Village of Island Lalce, herein after referred to as Village, anHltnais Municipal Corporation. %ITNESSETH:

%HEREAS, the continued development of the Grand Illinois Trail, a. 500 miletrail initiative in zzartlzerzz Illuzois, is a priority af the Governor and the IDNR, andincludes those identified local tz'ail initiatives wluclz comprise the whole; and7/HEREAS, Article X of the Constitution of the State of Illinois authorizes andencourages units of local government to contract ar otherwise associate amongthemselves and with the State to abt'ain or slzare services and to exercise, combineor tzansfer any power or. function; and%HEREAS, The Intergovernmental Coaperation Act, 5 ILCS 220/l et seqauthorizes and encourages cooperative agreements between units of Illinois'tateand local governnzent; and%HEREAS, the IDNR is authorized to participate in the development ofrecreational areas pursuant to 20 ILCS 805/18, and,VYHEREAS, the Village is autlzorized ta participate in the development of'heWalnut Glen Subdivision and execute this Intergovernmental Agreement by act oftheir duly constituted Board; and%IKiREAS, the Village owns the land where a proposed development af arecreational trail, now a recognized portion of the Grand Illizzois Trail azzd futureextension of the Moraine HiUs State Parle Trail, will be constructed by way ofdedication tlzrough annexation of the Walnut Glen Subdivision; andV/XKiREAS, future development of the Moraine Hills Grand Illinois Trail willextend west to cozzzzect witlz existing portions a$ the Moraine I&is River RoadTrail, therefore land creating this trail is arz identified critical segnzent af theGrand Illinois Trail, a 500 nzile trail initiative in norther Illinois nzanaged byIDNR., and;

EXHIBIT


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WHEREAS, the IDNR has applied for and received Pederal Enhancementfunding administ:ered by the Illinois Department ofTransportation for the designand construction ofpedestrtan structures and trai1 far Moraine 1411sState Park;andWIIEREAS, the purpose of this Intergovernmental Agreement is limited solely tathe Operation and. limited. maintenance of the Valnut Glen Subdivision OpenSpace and Tel segment;

NO'N, THER'&'ORE&, in. cansideratian of'the mutual promises, termsand conditions set forth herein, and in the spirit af intergovenunental cooperation,1DNR and the Village agree as follows;

Incornoratian of I'reambles. The preamble set forth abave areincorporated herein aud made a part thereof,Establishment ofGrand Illinois Trail/ Island Lake. In accordance withtl&e intent of IDNR and the Villa.ge to create the Grand. Illinois Trail, inaccordance with prepared p1ans and specifications lazo wn as Walnut GlenSubdivision the Village agrees ta include their interests in parcels of land,presently owned or to be acquired in the future, within the geographicboundaries of'the trail and open space, as is necessmy.Lead ALencv. IDNH. designates the Village as the lead Agency for theconstruction af the TraB. In its capacity as the lead Agency, the Villageshall be responsible for procuring and coordinating all aspects of theconstruction services, including construction. engineering services indevelopment of the Trail.

4. Financial Resnonsibilitv, The Village, through its agreements with theowner and builder will complete the trail and open space project withoutany IDNB. finds.

5. Access, The Village will coordinate and provide access related tooperation and maintenance ofthe Trail, and will have authorized access tothe trail and open space upon transfer of responsibility to IDNR.Respansibility, Upon campletion of the Walnut Glen Subdivision Trailand Open Space,, and upon. inspection ofthe completed. facilities by IDNRStaK, the IDNR wi11 assume full responsibility for limited maintenanceand operation of said Trail.


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Cooperation. IfIDNR or the Village has reason ta believe that a violationof tlus Agreement has occurred or is occurring, written natice thereafspecifying in detail the violation and. the facts supporting the claim shall beserved upon the Agency that allegedly committed or is permitting suchvial ation to occur. The IDNR and the Village agree to act m good faithand ta caoperate with each other to resolve any disputes which may arisein the performance of this Agreement, IDNR or the Village may use anylegal action or proceeding, whether at law or in equity, ta enfarce anyprovision of tins Agreement and ta recover any damages including, butnot limited to, reasonable attorney fees.Transfers. Neither Agency shall sell, assign ar otherwise transfer itsinterest under this Agreement without the written approval of the otherAgency. The pzavisians set forth in this Agreement shall be bindi ng uponand inru'e to the benefit af the approved successors and assigns af IDNRand the Village,Notices. All notices given under tliis Agreement shall be in writing andshall be either {a)served personally during regular business hours; (b)served by facsimile transznission during regular business hours coupledwith the mailing af the original in. the U.S.Mail on the same day, postageprepaid, or (c) served by certifLed or registered mail, retttrn receiptrequested, properly addressed. with postage prepaid and deposited in theUnited States Mail. Notices servedpersonally or by facsinuletransntission shall be effective upon receipt, and notices served by mailshall be effective upon receipt as verified by the United State PostalService. Notices shall be setved at the fallowing addresses:

Villa,ge of Island LakeAttn; ThaI11as P. Hyde3720 Greenleaf AvenueIsland Laic, IL 60042Tel.(847) 526-87647'BX.(847) 526-1534Hlinais Department ofNatural ResaurcesAttn: George B.Bellovics2317 East Lincolnway Suite ASterling, Illinois 61081Tel (815) 625-2968I"ax (815) 6~5-0706


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10. Execution. IDNR and. the Village shall approve tliis Agreement by theexecution ofa separate signature page and shall send the original page toIDNR, After bath original signature pages have been received, IDNR shallprovide the Village with a fully executed copy of tlus Agreemant.

11. Incorporation. The provisions set forth herein represent tlie entireagreement between tbe IDNR and the Village and supercede any previousoral or written. agreements, as it is tha intent of IDNR and tlie Village taprovide for integration within the terms of tliis Agreement. No provisionmay be niodified in any respect unless such modification is in writing andsigned by each agency.

12. The Village of Island Lalce and Department agree that each wi11 acceptresponsibility far losses or injury clanns that arise liam the acts or.aniissions of their respective employees agents and contractors. I'urthez,the Department and tlM Village will to the best of their ability and to theextent possible inc]ude the other party as an additional insiired whencontractors are retained to perform worlc on the Islancl Lalce Trail Segmentof the Grand Illinois Trail.

1.3. The Village as the property owner, authorizes and agrees to cooperate withthe Illinois Department ofNatural Resources in the operation of the Island.Lalce Trail Segment of the Grand Illinois Trail on property owned andcontralled by the Village. Subject to authority granted to the Departmentin. state law and. pursuant ta the provisions of the IntergovernmentalCooperation Act, the Deparhnent &vill be responsible for lasses andinjinies that niay arise froru the authorized recreational use of the IslandLalce Trail Segment ofthe Grand. Illinois Trail, In the event af loss orinjury the Villag~ and the Department agree to cooperate in tbe resolution.,settlanient or defense of any and all such claims. The Deparlcnent willtalce the lead in such inatters includirig litigatian ifnecessary and willinvolve the Office of the Illinois Attorney General in such niatters as isno~mal and customary for the Department. If a clainis arising from therecreational use af the trail sinuses, tha Department will be responsib)e forall costs incurred. by the Ofsce of the Illinois Attorney General.

IN AVITNESS THEREOF, the parties have entered into tliis Agreement as of theday of ,200 .


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SIGNATURE PAGE FOR INTERGQVEBNhKNTAL AGREEMENTPROVIDING FOR THE ESTABLIBHIviENT OF THEGRAND ILLINOIS TRAIL/ ISLAND LAIM SEG1VIENT

ILI.INOIS DEPARTMENT OF NATURAL RESOURCESDirector


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SIGNATURE PAGE FOR INTPRGOVERNlvtENTAL AGREEMENTFROVIDJNG I'OR THE ESTABLJSHhdBNT OF TIIEGRAND ILLINOIS TRAIL/ ISLAND LAI& SI":GMENT

VILLAGE OF ISLAND LAI&Z

MayorAttest:

Secretary


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SPECIAL VOTING COMMITTEE MEETINGTHE VILLAGE BOARD OF THE VILLAGE QF ISLAND LAKEApril 26, 2007 7:30pmCALL TO ORDER Mayor Thomas P. Hyde called the meeting to order at 7&30 pm,ROLL CALL Roll call indicated the following present; Trustees Eberhard Becker, Greg Guido, Deborah Herrrnann, MattHuff, Dan Schmidt and Steve Stiller.Also ln attendance was: Village Attorney Margaret Kostopoious, Ance/, G/ink; Police Chief John Fellmann; Bob Carpenter,Lake Management Committee and John Little, Finance Director.

1 1. Ceil to order2. Approval of Island Lake Lionesses Caramel Pop Day May 4+ and 5'" and approvai to stand outside of Island Faads,island True Value and Island Lake Post OfficeMotion by Trustee Huff, properly seconded to approve Island Lake Lionesses Caramel Pop Day May 4lh and 5" andapproval to stand outside of Island Foods, Island True Value and /a/and Lake Post OfficeUpon roll call, Trustees voted as follows:A YES: Trustees Backer, Guido, Herrmann, Huff, Schmidt and StillerNAYS: MoneABSENT: MoneABSTAIIV: NoneMa/ion was declared carried.

3. Approval ofperrnitand waiving ofthe permif fee forthe Island Lake Lions Club beer tent at the island Lake ChamberCarnival May 18'", 19"'nd 20'"Motion by Trusfee Huff, properly seconded fo approve permit and waiving of fhe permit fee for the Island Lal&e L/ans Clubbeer tent at the island Lake Chamber Carnival May 18'", 19"'nd 20'"Trustee Herrmann commented that she has no trouble waiving a permit fee for the Lions Club; however, she is nof in favorof a beer tent at fhis particular event due to the clientele that aftends this event. Trustee Guido questioned lf there were anyproblems last year at the evenf. The Lions Club replied that there was nof and thatis why they are asl&ing to ba part of/hisevent once again. Mayor Hyde asked to include in the mofion also fhe ofher 2 events that the Lians Club wi/I be holdingthis year and needs approval of a beer tent and a permit. Attorney Kostopolaus stated that fhe agenda can not be changed.TITis topic can be discussed; however, the agenda can't be altered, This would have to be voted on af another meeting.Upon roll cail, Trustees vofed as follows:AYES: Trustees Becl&er, Guido, Huff, Schmidt and StillerIVA YS: Trustee HerrmannABSENT: NonaABSTAIIV: NoneMat/on was declared canied.

4. Approval of/ntergovemmental Agreement Grand Illinois Traillis/and Lal&e SegmentMotion by Trustee Herrmann, properly seconded fo approve Intergovernmental Agreement Grand illinois Trail/la/and LakeSegmentTrustee Schmidt reported that Attamey Scott Puma has reviewed this document and has approved the document. The/DNR has agreed fo accept responsibility of injury claims. The (DNR will fake the leadin claims.

Special Voting Committee Meeting April 26, 2007page 2 of 5EXHIBIT


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Upcn roll call, Trustees voted as follows;AYES; Trustees Backer, Guido, Herrmann, Huff, Schmidt and StillerNAYS: NoneABSEIVT: NorieABSTAIN: NoneMotion was declared carried.

5. Approval of Peace OiFicer Memorial Resolution for May 15~ as well as fhe flag fo be lowered on May 15fhMotion by Trustee Guida, properly seconded to approve Peace Officer Memariai Resolution for May 15"'swell as /he tlagto be lawered on May 15thUpon roll cail, Trustees vated as follows;AYES: Trustees Backer, Guido, Herrmann, Huff, Schmidt and StillerNA YS: /VoneABSENT: NoneABSTAIN: NoneMotion was declared carried.

6. Approval of intergovernmental agreement befween the Vil(age of/eland Lake and the County ofLake far the fundingaf enhanced 9-1-1 wireless emergency felephone call taking serviceMot(on by Trustee Huff, properly seconded to approve intergovernmental Agreemanf befween the Village of island Lakeand the County of Lake for the funding of enhanced 9-1-1wireless emergency telephone ca(l taking serviceUpon rail call, Trustees voted as f l s . 'Y E .

Trustees Backer, Guido, Herrmann, Huff, Schmidt and StillerNAYS: NoneABSENT: /VoneABSTAliV: NoneMotion wes declared carried.

7. Approval of ordinance 1311-07setfing fhe salary and general terms af employment af theinterim police chiefTrustee Guido reported that the Board worked as a whole on this ordinance and it reflect the contracf that the Board haspassed already previously on April 5"for the interim Police Chief, The canfract was rejected by Mr, Fellmann, The Attorneyrequested that this contract be put into ordinance form and that's whaf's being presented this evening. It sets the salaryand requirements for the interim Police Chief There is na term within the ordinance.Motion by Trustee Guido, properly seconded to approve ordinance 1311-07seffing fhe salary and general femss ofemployment of the interim police chief.Mayor Hyde stated fhaf as he became Mayor, same said ta him that he is very fortunate ta be able fo choose the majorifyoffhe Trusteesthatheworkswifh. Itwasadlfficultsituatlan. MayorHydesaidthatsomepeopleevensalcf that theMayorchose yes people, When the Mayor chose Trustees, he looked for experience and he asked for a commitmenf fa the Villageand fo vote far yourconsciousness. Mayor Hyde asked these Trustees to closely evaluate decisions and to make decisionsbased on the bestinterests of the community. Mayor Hyde stated that there's no question, one Trusfee has strong, negativefeelings towards fhe Police Chief andif's been placedin front af everyone. Mayor Hyde presented someSpecial Voting Cammittee Meeting Apri/26, 2007- page 3 of5facls and thoughts ior considerefian before the Board votes on this ordinance. He stafed fhat as you look at all theemployees in the Village, including the Department Heads, Clerical, Wafer Dept., Public Works, Police Department, etc.,our Police Chief wi(i be the only personnel in the Village naf to receive a raise this year. The only personnel in the Village.Mayor Hyde said thaf as the Board looks back, there were some different peaple up here; however, the same situation came


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up with relation fo aur Public Works Director. He was the only person not to receive a pay raise. At that point and time, itwes vetoed, the budget, and carried baclr and fhe Board approved a raise for that employee. Mayor Hyde said, as you lookal the Department Heads this year, they will receive a 6-7% pay raise which is in!ine. Our Police Chief will be making lessthan the subordinates that he is working with. That generally doesn't fit. Mayar Hyde said thaf he daesn't know ofany alberPolIce Chief fhat he can find that is working without insurance covered. He reported fhaf he made quite a few calls todayasking that question. Mayor Hyde said our Police Chief does not have health insurance coverage which equates to a$13,000 to $14,000 expense. Mayor Hyde passed aut an updafed study. The last time the Board saw this study, it's beenupdated since then, there are some changes. Mayor Hyde said that this sfudy is a Nldeer municipal survey. There are 18communities most like island Lake on fhe study. Mayor Hyde said that larger communifies do pay higher salaries. IslandLake would not pay a salary obviously like Arlington Height or Scheumburg or fhe li/&e. He said if yau look at population,Island Lake is tl&e fauifh largest in the survey. When you looir at the salary, Island La/(e is at the boftom af the survey, thesecond to the bottom. The anly community lower than island Lakeis Sleepy Hollow. As you look at the service calls, IslandLake is the second from the highest and again on the bottom for salary. When you look at personnel, Island Laice is thirdfrom the highest and again on fhe baftom for salary. Mayor Hyde stated that the vacation schedule, he can naf find a PoliceChief that is on a one year staifing employee vacation. When's hired as a Police Chief, you'e a Senior employee, hiredbecause ofyour experience and background andin many circumstances, one probably comes from an extensive employ-ment somewhere else such as our Police Chief did. He said you'e coming in as a Senior employee and as a senioremployee, you don' stan out with ane week of vacation. Mayor Hyde said it's different when you'e walking in wifh 30 someyears of Police force experience. He said one wouid normally nat accept a one week vacatian in a contract. He said thatthe ordinance also takes away the vehicle. The 18 communities an the survey, in 17of them, the Police Chief takes homea vehicle. Mayor Hyde said that what fhe Boardis looking at doing here, they are 100%wrong. He said that communicationis strong and important. In the first year of Chief Fe//mann's hiring, the Police Committee had two meetingsin a year. Hefeels that it is not righf that the Chief did not receive an invitation fo those meetings. The communication back and forth,between the Board and the Chief, end the Chlefback to the Board, don't match at all, the Mayor repoiter. Mayor Hyde saidfhat communication fram the Chief baclr fo fhe Board is daily as well as is extensive. Mayor Hyde said that when the Boardasked far more feedback fhey received itinstantly on every area that fhey asked for. Mayor Hyde said that Monday of thisweek, Trustee Guida asked to negotiate with the Police Chief. if the Mayor said, there were no negotiations, he thin/cs eachBoard Member wauld know what he ls say(ng. It was put on the table and said "that's it". He does not believe that'appropriate at all. Mayor Hyde stated that he is ask!ng the Board to sit down with the Police Chief, an execuflve meetingamong the Board, to iron out and take a look at the specifics of the negativity that's been alleged against fhe Police Chief.He said thaf in our Country, we are guaranteed the right to a free trial, a prior trail, a fair trial and he feels that nothing hasbeen fairin the communication back and forthin fatal of this Board. He said evenin fhe execufive meeting that the Baardheld, to review this matter, on a Saturday, the Pa/ice Chief was notinvifed to the meet/ng to review concerns. He said therehas nat been that overall communicat ion. Mayor Hyde is asking the Board tonight, before they vote, ta fake a look atconsideration. He said fo the Board thaf fhey've gof the time, to take an evening next week, bring fhe Boar d together, pickaut those elements that the Board has concerns with and allow the Police Chief fo address those concerns. Mayor Hydesaid that there isn't one bit of statisfics that says that this ls righf, The salary Isn't right. The car isn't rig/it. The vacationisn't right. There's nothing right with this. Mayor Hyde said that as you step back and take a look at politics, unfortunatelythat word has been stepped on he beiieves. He hapes the Board will give the Police Chief the opportunity to a/law himselfto review these areas with the Board Members. If the Board decides then after that, that this is the only wey to go and rightway to go, at least he'l feel that fhe Board has given the Chief fair and proper attention to the matters that they haveconcerns with. To this poinf, this has not been done.Trustee Becker stated that with regard to the handout fhis evening, he received the same handauf two weeks ago fram theMayor and yet the figures are different. Mayor Hyde replied that the Board did nof get the same handout. He said thishandout has been updated. Trustee Beaker questioned some af the figured on the study and Mayor Hyde stated that fhisstudy was updated as of May 1". Mayor Hyde repaifed that fhe numbers were fram almost twa years aga. Chief Eel/mannspoke up and said that the study was dane lasf year actually. Trustee Backer said that how come only the salaries wereupdatedSpecial Voting Committee Meeting April 26, 2007page 4 af 5then and nat the rest of the survey. Nothing changed but fhe salaries. Mayor Hyde said that's because he was only lackingat the salaries when I&e completed this. That was the focus ofwhy he did this. He was relafing the fact that the salaryis onthe bottom. If Trustee Becker would I!ke everything updated, Mayor Hyde said that could be worked on. Trusfee Beakersaid thatin his opinion, if one was going to do this, that eveiythlng would have been updated. Mayor Hyde replied that hedid not do fhat.Trustee Guido said that he had canversafion with the Chief. He did tell the Chief that they were going to negotiate. Hereached out to the Trustees and tall(ed to fhem. He reached four of the Trustees. 3 of the Trustees reported that theywished nat to negotiate and wanted to move forward on the terms of the agreeinenf. Trustee Guida also had conversationwith Attorney Puma and he said that the Board has to put thIs inta ordinance form. He spol&e ta his Senior partner, AttorneyDiamond, and he tao recommended that this be In ordinance form. Trustee Guido stated that fhe Board has had numerous


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meetings on this matter, there's been numeraus things the Board has asked fhe Mayor nat fa do regarding this matter, andthe Mayor wenf ahead and didit anyway. He added that there were many conversafions between the Chief and the Mayor,the Board has spoken numerous times wifh regard to this matter and there's been many different issues talked about, andthe Board has been dealing with this since January. Numerous Trusfees have worl&ed an the confract separately ta try toget ibis in a form that everyone was comfortable wifh.Upon roll call, Trustees voted as follows:AYES: Trustees Backer, Guido, Hemnann and SchmidtNAYS: Trustees Huff and StillerABSENT: NoneABSTAIN: NoneMolion was declared carried.

I items from the Clerk, Trusfees and Department HeadsCleri& Kaczmarek reminded the Board that the Appropriation Hearing is next Thursday as part af the meeting.

It begins at?:30pm.2 ~ Trustee Beckerinvited Debbie Meyers of the Island Lake Chamber regarding the carnival. Ms. Meyers pre-sented the insurance papers from fhe Chamber far the event to Clerk Kaczmarek. Trusfee Herrmann expressed con-cern wifhinsurance covered especially when serving alcahol at an event. She stated fhai the Board approved lhecarnival originally under the assumption that fhe event was wifhout alcohol. She saidit's a family event and alcoholcan change the time, She would like, in the future, more notice from fhe Chamber sa that events such as these canbe more thoroughly discussed.3 ~ Trustee Schmidt reported that the Mother/Son Bowling eventis this Saturday from f2 to 4 pm. They are look-ing for one more volunteer.Trustee Schmidt thanked Clerk Kaczmarek and Karen Luebbers for putfing together fhe Kite Fly for Saturday,May 5"'in Converse Park. Fire 8 Ice, professional kite flyers, will be there. He thanked Don Verslgllo, Fran Sadaskiand Clerk Kaczmarek for running the event.2 ~ Trustee Stiller reported that the Board approved a boat lift and pier last week for the Eastway Park. Mr. Koot-stra did some ciouble checking with the Sfate due fo the fact tlzat the pari& was purchased with grant money. The Vil-lage has received approval from the Stale far this pier and boat lift.3 ~ Trustee Stiller stated that last Eall he discussed with the Chief the stray cat and dog problenzs within our Vil-lage. They are using aur Village beaches as litter boxes. It's been 6 months and Trustee Sfiller has heard nothingback from the Ghief. Chief Fellmenn reported fhaf McHenry County was considering for some fime licenses. Theydecided not fo go fhis route. The Chief reported fhat himself and Frank DeSort will be working an this maffer in theiutvre. He added that maybe an Environment Officer would be an option. He/She could be trained to handle animalcompiaints as well as work an ardinances and ardinance violations.

Willie Kootsfra reported that fhe 200?MFT bid open was today. The nvmbers came in low so that's good.The Board will need to vote on this in the nearfufure. He reported that Walnut Glen is moving along on their raads,The gravel is down and the curves are goingin shortly,Items from the Mayor

llMayor Hyde reporteci fhat he sent an email to the Board with regarding Rimas Lodge.Special Voting Commitfee Meeting April 25, 2007- page 5 of 5'I

1 He reported that the Lake Covnfy Municipal League handed out this weekinfarmatlon on gross receipfs tax.2 ~ Mayor Hyde attended the Northwest Illinais Planning Water Committee.3 He asked for the Board to vote on a $200 donation to the Waucanda Memorial Day Parade.Mayor Hyde announced that he offered the new Trustees a meeting for sometime next week with open dis-cussion covering many different areas and he believes they likely be sworn in on May $0'". His expectation is that theMay 10"'eeting, fhe current Board will go through that May 70'" meeting and then at the end of fhat meeting, thenew Trustees would be sworn in.

2 Trustee Herrmann reported that she received a call regarding Prairie Woods construction. The canstrvctionroad is being used for traffic. The gate has been broken, it appears to always be open and new residents on Spruce havechildren piaying in the road. Mr. Kootstra replied that the gates are damaged, He said it hed to be removed so yes, somecars are gaing down there now. Mr. Kootstra handed this matter over fo fhe McHenry Township ta decide on an accept-able gate. He said that this was svpposed fo be an emergency access road only. Trustee Henmann said that she lookedat the annexation agr cement and she does nof believe that the no constrvction traffic on the ariginal Spruce was part of


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the annexation agreement and she is not sure exactly where thatis and she will continue ta lookinto it. Trustee Herrmannasked the Chief for comments and the Chief reported that they have responded ta complaints. They set up a radarin thatarea and there was little activity. Trustee Herrmann stated that this was supposed to be a walking path.5 Motion by Trustee Schmidt, properly seconded to open the meeting to the floor. Upon voice vote, motion wasunanimously declared carried.67 bio public comment this evening.89 Motian by Trustee Henmann, properly seconded to bring the meeting back to the board. Upon voice vate,motion was unanimously declared carried.1011 Motion by Trustee Herrmann, properly seconded ta go into Executive Session for collective bargaining, per-sonnel and land acquisition. Upon voice vote, motion was unanimausly declared carried.12 All in favor.1314 Motion by Trustee Stiller to come out of Executive Session and return to the special voting committee meet-ing, properly secanded. Ail in favor.15Motion by Trustee Herrmann, properly seconded to adjourn the special voting committee meeting. Being that no furtherbusiness was discussed, the meeting adjourned at 9:45pm. All in favor.

Christine Kaczmarek, Village Clerk


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VILE AGE 01F j:SlLAN9 LAKE3720 CREENLEAE AVENUEISLAND LAKE, ILI INOIS 60{I42{817)926-876 I ~ FAX (847)526-IS3Iivw w.viltngnofistnnd tn Ice.eom

CLERTIFICATIONI, .Jen Gomez, ala the cluly appointecl ancl acting Village Clerk of the Village of Islanc'ILake Attached hereto as Exhibit A are lhe minutes ol the April 26, 2007 special voting meetingol'lhe Village Board of thc Village of Island Lalce. These minutes are hue and correct to thc bestof any Icnowvleclge, Attached hereto as Exhibit 8 is lhe 'Intergovernmenlal Agveemenl C~ranclillinois Tl ail / Island l.,akc Scgn1cnt, Is]ancl L'akc, IL". Upon information and belief this is thc

1ntergovcr(M1cutal Ag&reen1ent xvhich divas approved by the Island Lalce V ill tlge Board on Apl'll(6! 7007. I have conducted a diligent search ol the records ol the Village and have been unable[o locate a signed copy of the saicl Intcrgovcrnmcntal Agrcctnent, Both the I)j'Iayor, "1homas1.l-l l l V'Ila c Clcrlc. C11ristv l~aczmnrek, who weve in office on April 26, 2007, are nolol'lgcl'n Office, To )TJy IUJojjvleclge the Village 13oarcl ll!Li lalcen no slePs since Pl) 1. ol'epcal the llltel'gove111nlenlul Agl e( nlel'll.

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IDNR Agreement Memo

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