2005
Countryside Lake Association
Annual Meeting Minutes
March 21, 2005
GUEST SPEAKERS:
Mark Pfister, from the Lake County Health Dept., Lakes Management Unit, provided information regarding phosphorus free fertilizer. CLA is adopting a rule that prohibits the use of fertilizer containing phosphorous.
Countryside Fire Protection Chief, James Spiegle, informed CLA Members that the Countryside Fire Protection Dist. is seeking voter approval for a $5 million bond issue to fund construction of a new fire station at the Midlothian Road location. The current facility is deteriorating and must be replaced. The District provides services to 15 square miles and responded to 3600 calls in 2004. If the issue passes, the current facility will be demolished. During construction services will be provided from another location. The size of the new proposed facility will be approximately the same size as the current building but will be better designed with additional storage space. CLA member, Gail Manz, said the Fire Protection District has always been responsive to the needs of CLA residents. She encouraged members to vote yes for the bond issue.
Two CLA members, Christina McCann and Mike Hayek, asked the membership for their support on April 5th. They are running for 2 of 4 Fremont Township trustee seats.
BOARD ATTENDANCE: J. Buslik, S. Czynski, P. Diamond, D. Liberacki, C. McCann, T. Richter,
D. Whitehurst. ABSENT: R. Miller, T. Caldwell.
A quorum was met with 54 members present, 48 proxies to the Board and 11 proxies to others.
CLA President David Whitehurst called the meeting to order at 7:30 p.m.
New members were introduced including: Dave & Ana Maria Raymond, Longmeadow Circle, Patrick and Kathy Andreasen, Middleton Pkwy, Dana & Cheryl Pletcher, Longmeadow Ct., Ken & Freddie Flaks, Falcon Dr., Steven & Jill Cramer, Longmeadow Circle.
SECRETARY’S REPORT
Lee Graber moved and Gail Manz seconded the motion to approve the Secretary’s Report. All In favor, motion carried.
TREASURER’S REPORT
J. Buslik reviewed year-to-date expenditures for the Association. She explained that Toll Bros. related expenses have increased and that water sampling activities continue in order to accurately monitor the health of our lake. A copy of the CLA Annual Budget is available near the sign-in table.
Kim Pedersen moved and Oliver Aspegren seconded the motion to approve the Treasurer’s Report. All in favor, motion carried.
NOMINATION & ELECTION OF BOARD MEMBERS
One Year Term
Due to the resignation of Terry Horcher, David Whitehurst nominated Christina McCann to fill the remaining year of Ms. Horcher’s term. The floor was opened for nominations. Oliver Aspegren moved and Lee Graber seconded the motion to close the floor to nominations. Christina McCann was elected to a one-year term by a show of hands.
Three Year Terms
David Whitehurst nominated Janice Buslik, Terry Caldwell and Sidney Czynski for election to three-year terms. The floor was opened for nominations. Oliver Aspegren moved and Lee Graber seconded the motion to close the floor to nominations. Janice Buslik, Terry Caldwell and Sydney Czynski were elected to three-year terms by a show of hands.
PROPOSED BY-LAW CHANGE
President Whitehurst explained that the CLA Board of Directors is proposing an amendment to the CLA By-Laws. Members were mailed notice of the proposed amendment and informed that a vote would be taken at the regularly scheduled Annual Meeting on March 21, 2005. Any change to the CLA By-Laws requires approval from 2/3rds of the membership present, either in person or via proxy, at a duly appointed meeting.
Article II shall be amended by adding the following:
5. No individual member or group of members constituting less than all of the members of the Countryside Lake Association living in the unincorporated portion of Countryside Lake as of March 21, 2005 shall pursue voluntary annexation of that member’s or those members’ property to any municipality or otherwise agree to annexation to any municipality in response to efforts by the municipality seeking annexation of the property.
President Whitehurst explained that a few CLA members have been approached by the Village of Hawthorn Woods seeking to annex their properties. None of the homeowners are interested in annexing and expressed concerns that they might be forcibly annexed into a Village. CLA legal counsel, Chuck VanderVennet, has rendered the opinion that the Association is too large to be forcibly annexed, but that individual property owners could voluntarily seek annexation. In his opinion such annexations could open the door for zoning variances that could conflict with current CLA restrictions.
Lee Graber moved and Oliver Aspegren seconded the motion to open the floor for discussion. All in favor, motion carried.
Sharon Anderson asked what properties had been sought for annexation. D. Whitehurst said he did not feel free to divulge names, but said that if any of the land owners were present they were free to speak.
Chuck Bartels said that he respects the work of the Board, but that the proposed By-Law change as presented is unclear. He suggested that it be re-written to include the fact that a 2/3rds yes vote is required to adopt or repeal the amendment.
Marina Butler said she also has a problem with the wording of the proposed By-Law change. She agrees that the intent is good but that it needs to be written to include the information that a change requires a 2/3rds vote of members present at a duly called meeting. She asked if it is possible to change the wording of the amendment at this time.
D. Whitehurst said that because notice of the proposed change has already been provided to the membership, legal counsel advises that minor, but not substantial changes can be made to the proposed amendment. He also reminded the Association that this action does not pre-empt future votes that we may want to take to change or even repeal the amendment.
James Butler said that he is concerned that the proposed amendment gives the Board too much power in the decision. He said that if the motion passed and that two-thirds of the membership wanted to annex to Long Grove they would not be able to do so.
D. Whitehurst said that it is the Association that would be making this decision, not the Board. If we decide in the future that we want to seek annexation of the entire Association then we can follow the same procedure to change the By-Laws.
Marina Butler asked what the procedure would be if the membership were forcibly annexed or wanted to voluntarily annex and needed to repeal the By-Law change. D. Whitehurst said that we could propose any change, including elimination of the proposed By-Law, as long as proper notice of the proposed change including the date a meeting will be held to vote on the By-Law change is provided to all members two weeks prior to the meeting being held.
Sharon Anderson voiced concern that the proposed change may not be necessary. She said she is not convinced that it would be a negative thing for one property owner or another to be in different villages.
Tom Besore asked the Board to first consider the pros and cons of annexing to one village or another. He said he does not consider it right for anyone to decide if another homeowner should be allowed to annex to a village. He asked the membership to consider all of the ramifications of this vote and to vote against this change.
D. Whitehurst informed the membership that Fremont Township Tax Assessor, Ed Sullivan, Jr. is here tonight to answer questions about the tax implications of annexing to one village or another, but that those discussions should be held outside of the meeting since the purpose of this evening’s meeting is to vote on a CLA By-Law change.
Lee Graber moved and Oliver Aspegren seconded the motion to close the floor to further discussion. There were no objections.
A formal vote of the membership was taken revealing that 97 members voted yes to approve the By-Law change, and that 13 members voted no. The proposed By-Law Amendment is approved and will be included in the CLA By-Laws.
COMMITTEE REPORTS
Beach & Picnic
Chair R. Miller could not be present. D. Whitehurst reported that the 2005 lifeguard contract had been signed and that additional work will be done on the picnic tables.
Facilities & Grounds
Chair P. Diamond reported that the primary focus of the Committee is currently on the CHA Midlothian entrance. He said if there are any questions to please contact him.
Lake Improvement Management
Lagoon Project
Chair D. Liberacki reported that a concept plan has been approved by the Board. Work will most likely occur in 2006.
Weed & Algae
Chair D. Liberacki reported that the Committee is currently accepting bids for weed control services. He said 2004 was a good year for the lake and that the same protocol would be followed in 2005.
Fish & Wildlife
Chair D. Liberacki reported that the lake was stocked last year and that this year continues to be a good year for fishing. There are signs posted at the beach & boat launch areas identifying fish catch size limits and types of fish found in our lake. He emphasized that catch and release should be practiced.
Environmental
Chair D. Liberacki reported that work on the Lot 16 Project is ongoing. Several CLA members have donated funds which are being matched by a $5,000 grant provided by CLA member, Ted Oppenheimer. Work on Phase I will continue through the summer.
CLA member, Rosemary Aitken, explained that this summer will be the seventh year for the Environmental Youth Program. As many as 35 youth are expected to attend the program this year. The group meets on Friday mornings from 9-11 a.m. and sometimes longer if they are traveling to other areas. Children are broken up into age appropriate groups and participate in a variety of activities that relate to our lake, other area lakes and wildlife habitats. Parents with young children who are interested in attending the program should contact Rosemary Aitken.
Water Sampling
Chair S. Czynski reported that the water sampling program continues and that they are expanding the number of units used to monitor the lake. The data that is collected is valuable information that will hopefully help us to protect our lake from adverse conditions and more specifically the Toll Bros. development. She thanked Brian Donahoe who helps to keep track of statistical information, Jim Donndelinger who is making sure that the units work properly and Rich Theobald who helps with collecting samples.
Boats & Docks
Chair S. Czynski said that the piers and docks appear to be in pretty good shape. Pontoon boats are scheduled to go in on May 3rd but that it could be sooner if the weather cooperates.
Shoreline Control
Chair T. Caldwell could not be present. D. Whitehurst said that the Committee is actively working on developing a policy for our shoreline.
Architectural Review
Chair T. Caldwell could not be present. D. Whitehurst said that there are currently no plans for new homes or additions before the Board.
Newsletter
Chair J. Buslik thanked those who have helped and asked for anyone else who would like to help to sign-up.
Gail Manz said she would like to thank Janice Buslik and Debbie Donahoe for all of the work they do on the newsletter.
Security
Chair T. Richter asked Capt. Passafiume to review CLA security services. Capt. Passafiume asked homeowners to contact him 48 hours prior to taking a vacation so their homes can be added to his house watch list. Recent CPR classes sponsored by the Countryside Fire Dept. were attended by 12 members. He reminded members to display their CLA vehicle stickers on the lower left side (or driver’s side) of their windshield. He also suggested members with security systems in their homes consider obtaining a key holder lock box from the Countryside Fire Dept. The box can only be accessed by the fire department but is extremely helpful in the event there is a problem at a member’s home and they are not available to let anyone in.
Archival Storage
Chair C. McCann had no report.
Legal
Chair D. Whitehurst brought the membership up to date with the current status of the Toll Bros. Hawthorn Woods Country Club development directly west of Countryside Lake. CLA representatives began meeting with Toll Bros. in 2002 to express concerns regarding the impact of their development on our lake. At the time we were assured by Toll that they would be in full compliance with all regulatory requirements. Since that time there have been additional meetings to discuss multiple issues with Toll, including the fact that they have been cited for violating regulatory agency requirements. Water sampling activities at different locations at or near the lake compare a time-frame from prior to when construction began up to now. Graphs and data compiled by the Water Sampling Committee show an upward trend of silt and phosphorous flowing down Indian Creek into our lake. The data proves that the development is causing harm to our lake. The Board is in close contact with governmental agencies in charge of regulating environmental aspects of the development. The Board has formulated a four-step plan of action which includes:
1) Working with governmental agencies to keep pressure on Toll Bros.
2) Going to the Village of Hawthorn Woods to ask that they demand Toll Bros. correct actions that are harmful to our lake.
3) Prepare letters to top management at Toll Bros. The Legal Committee is working with CLA legal counsel to prepare this information.
4) Have CLA attorneys prepare for a lawsuit if we cannot get satisfaction through
other means.
D. Whitehurst said that CLA has hired competent engineers and attorneys who are familiar with riparian rights. We have budgeted $20,000 for consulting and legal fees to deal with this issue in 2005. We are currently focusing on water quality issues but will have to deal with water quantity because they are reserving water in their retention ponds. Talks are ongoing with Toll Bros. representatives and the membership will be informed if the Board elects to seek legal action.
Rules & Regulations
Chair J. Buslik asked if there were any volunteers who would like to serve on the Committee. She said that they hope to work on condensing the current rules & regulations and have them ready for mailing prior to the October, 2005 Semi-Annual meeting.
Entertainment
D. Whitehurst said that we are still in need of someone or multiple people to chair the Entertainment Committee. This Committee is separate from the Board and is funded through their own budget.
OLD BUSINESS
None
NEW BUSINESS
CLA member Chuck Bartels spoke about the proposed Lake County sales tax question that will be on the April, 5th election ballot. He said that it is not a property tax increase; it is a sales tax that does provide exemptions for certain products. If passed, the sales tax will provide revenue to upgrade several local roads and intersections.
S. Czynski said that she forgot to remind CLA boaters that they must display the required stickers and decals on their boats or the boats will be removed.
CLA member Carl Walliser said there will be 4 new Board Members elected to the Mundelein High School Board of Education on April 5th. He said that he is supporting the 4 CUE candidates and that he recommends CLA members vote for them also.
ADJOURNMENT
Lee Graber moved and Kim Pedersen seconded the motion to adjourn the meeting at 10:00 p.m. All in favor, motion carried.
Countryside Lake Association
Mundelein, Illinois 60060
Semi-Annual Meeting Minutes
October 17, 2005
GUEST SPEAKERS
Prior to commencement of the meeting, guest speakers Diana O Kelly and Teresa Bartels addressed the membership.
Lake County Board Representative, Diana O’Kelly, reviewed local road projects and explained that the County has recently completed several bike path projects that will benefit Lake County residents. She said that the Fremont Township Highway Commissioner, Bill Grinnell, asked her to inform members that the Midlothian entrance will be closed for seven to ten days when road work begins for the project. Signs will be posted with closure dates.
CLA resident, Teresa Bartels, is seeking to become a candidate for the U.S. Congress in the 8th District. Teresa explained why she is running and thanked CLA members for their support.
CLA President David Whitehurst called the meeting to order at 7:35 P.M.
BOARD ATTENDANCE: J. Buslik, T. Caldwell, P. Diamond, D. Liberacki, C. McCann, R. Miller, D. Whitehurst. ABSENT: S. Czynski & T. Richter.
A total of 31 CLA members were present. There were 36 proxies to the Board and 4 proxies to others. It was determined that a quorum had been met.
The following new members introduced themselves:
Pete & Laura Fay, Lakeview Parkway
Jimmy & Barbara Border, Countryside Lake Drive
Shawn & Kimberly Killackey, Chevy Chase Road.
SECRETARY’S REPORT
Kim Pedersen moved and Rich Theobald seconded the motion to approve the minutes of the March, 2005 Annual Meeting, and to accept the Secretary’s Report. All in favor, motion carried.
TREASURER’S REPORT
Treasurer Janice Buslik reported that the 2005 operating budget initially reflected a negative projection of $30,000. However, since we were able to carry over $44,000 of excess funds from the 2004 budget she expects at this time that the fiscal year will balance out and eliminate the negative projection, subject to expense activity between now and the end of the fiscal year. The current year-to-date figures do show that we are over budget projections in a few categories. Most of those expenses are related to ongoing issues with the Toll Brothers development.
The Treasurer also reported that $160,000 allocated for the Lagoon Project will not be spent this year because we are still in the planning phase of the project. She said the Board is mindful of unanticipated expenses.
CLA resident, Gordon Smith asked what the plans were for the Lagoon Project and when it will be done. J. Buslik said Terry Caldwell would review the project during the Shoreline Report.
Lee Graber moved and Gordon Smith seconded the motion to approve the Treasurer’s Report. All in favor, motion carried.
COMMITTEE REPORTS
Beach & Picnic
Chair Randy. Miller said it was a great summer for beach use. He said members who hold parties at the beach should clean-up after and return the next morning to make sure nothing was missed.
R. Miller reported that he thinks it would be wise to extend lifeguard hours for next summer since so many members are utilizing the beach & picnic area after normal lifeguard hours.
R. Miller thanked Pete Fay for his assistance with closing the beach for the 2005 season.
CLA resident, Jim Butler asked if there are any plans for permanent bathrooms to be built at the beach. He was informed that the Board has discussed the subject but has not made any plans to proceed at this time.
Facility & Grounds
Chair Paul Diamond referred to the CLA Newsletter article about the Midlothian Entrance Project that explained in detail why the project has been delayed. He said IDOT had to sign off on the work and had not done so until recently. Formal written approval has still not been received. Even if the engineering portion of the project and road construction is completed this fall, the sign and plants will not be installed until next spring. He reported that when road construction begins, the entrance will have to be closed for approximately 10 days.
CLA resident, Maureen Tirone, asked when the entrance would be closed. P. Diamond said it has not yet been determined but signs will be posted in advance so members can plan for the anticipated closing.
Maureen is concerned about the sign. She said it is the only way to identify the entrance to the neighborhood.
CLA resident, Chuck Bartels, said to tell guests that the entrance is approximately 1 mile from Rt. 60/83 and there is a street light near the entrance.
Lake Improvement Management.
Weed & Algae
Chair Dan Liberacki explained that McCleod Aquatics has done the weed treatment for the past two years. He is happy with the results and anticipates working with them in the future. Sonar is applied in the spring which knocks down the weeds. The lake is monitored weekly for algae, which is treated with Copper Sulfate.
Fish & Wildlife
Chair D. Liberacki reported that an electro-shock fish survey of the lake was completed in August. A total of 481 fish were stunned and collected. The most numerous fish are bluegill, large mouth bass & sunfish. Lesser numbers of crappie, northern and walleye were found in the lake. Unfortunately we continue to experience an increase in the number of carp found in the lake. D. Liberacki said he has been speaking with neighbors in Sylvan Lake to explore various ways they have tried to reduce the number of carp in their lake. Some suggestions include carp fishing derbies and rewards for catching tagged carp.
CLA resident, Chuck Bartels, asked if CLA has received any support from the County or State in regards to Toll Brothers run-off into our lake. D. Liberacki said that we have not received support with fish because we are a private lake, but that the Stormwater Management Board and the IEPA have been supportive and are involved in the Toll Bros. situation.
Environmental
Chair D. Liberacki reported that work on the Lot 16 project continues with clearing of invasive species and that application of herbicide on invasive species. In the spring the project will continue with creation of pathways and evaluation of new growth.
Water Sampling
Chair Sidney Czynski was unable to attend. D. Liberacki reported that the program has now entered into its 4th year. The weather station has been moved from the Furch residence to the Donahoe’s so that Brian can monitor it more closely. Samples are taken during rain events and tested for total suspended solids, phosphorus and different types of nitrogen.
Boats & Docks
Chair S. Czynski was unable to attend but asked the Board to remind everyone that their pontoon boats must be removed by November 1st.
Shoreline Control
Chair Terry Caldwell reported that the Lagoon Project was created to address erosion problems at the site and to provide a sample of various methods that can be used for shoreline control. The plan also includes the installation of additional docks. The Board hopes to move forward with the project in the fall of 2006, however, if the cost of the project is quoted over $150,000 approval must first be sought from the membership.
Architectural Review
Chair Terry Caldwell reported that not much is going on with Architectural Review because the Association is nearly built out. However, he reminded members that they must seek approval from the Board if they plan to make structural changes to their property.
Newsletter
Chair Janice Buslik had nothing to report but said that she is always looking for volunteers.
Security
Chair Tom Richter was unable to attend. CLA Security Officer, Capt. Passafiume, reviewed CLA security procedures and encouraged members to call Security if they are in need of assistance.
Document Archiving
Chair Chris McCann reported that she is waiting for the transfer of previous Board documents from the prior Secretary. As soon as they are transferred she will begin archiving the documents.
Legal
· Chair David Whitehurst informed the membership that representatives from CLA have been meeting regularly with representatives from Toll Brothers. The Toll Brothers development project west of Gilmer Rd. has created numerous problems for our lake. This is an ongoing issue that has involved a tremendous amount of research and scientific study. D. Whitehurst reported that 12 meetings have been held since February of 2005. CLA has made demands on Toll Bros. which include restitution and correction of harmful actions. Talks have at times seemed productive but Toll has gone back on their word several times. We have a valid concern that they are not going to move forward and sign a legal agreement with CLA. CLA has developed a Four-Step Action Plan to Reach a Solution which includes:
Informing government regulatory agencies of problems with the Toll Bros. development. CLA has stayed in close contact with governmental agencies, and in May intensified our efforts.
File a letter of complaint to the Village of Hawthorn Woods demanding closer oversight of the Toll Bros. development. Letter of complaint sent on July 7, 2005
File a letter of complaint to Toll Bros. top management encouraging sincere negotiations for a negotiated settlement without either side incurring enormous legal expenses.
File a lawsuit.
· Toll Bros. has recently agreed to pay for a bathymetric study of Countryside Lake, but they want to use the same firm that has previously studied our lake. Proceeding with the study this fall would be an ideal time but the firm we need to use is busy in New Orleans dealing with the aftermath of Katrina. The study will most likely be conducted in the spring of 2006. The bathymetric study should give us knowledge about how much of the sediment can be attributed to the Toll Bros. development. Toll has been cited with numerous violation notices from regulatory agencies.
· D. Whitehurst said it is looking more and more like CLA will end up in litigation with Toll Bros. The CLA Legal Committee interviewed several qualified attorneys and recommended that the Board hire Susan Franzetti. After reviewing numerous documents and meeting with CLA representatives, Ms. Franzetti prepared a summary of legal options available to CLA:
1. Under the Clean Water Act, CLA can sue Toll but if the Illinois Attorney General’s Office decides to sue Toll, we would have to drop our suit.
2. We could sue under Common Law Claims, but this is a lengthy and expensive process.
3. A Class Action Suit would require a group of CLA homeowners to come forward and file a suit on their own.
4. The final option is for CLA to participate with the Illinois Attorney General’s Office and try to piggy back onto their negotiations with Toll Bros. Through these negotiations we could hopefully influence the Attorney General to require that Toll make restitution for damages to our lake in the form of a Supplemental Environmental Project (SEP) which could include a variety of corrective measures.
· D. Whitehurst explained that some of the CLA/Toll Bros. discussions and documents are attorney/client privileged due to the nature of the situation, but the Board will do their best to keep the Association informed about what is happening.
· D. Whitehurst thanked Gail Manz, Dan Liberacki, Sidney Czynski, Jim Donddelinger, and all who have assisted with the matter for their contributions.
· CLA resident, Chuck Bartels, asked who we will deal with after the project is built out. D. Whitehurst explained that the golf course has been sold to Kemper Sports Management and that the wastewater treatment plant has been sold to Aqua of Illinois. Build out of the project is expected to last another 2 to 3 years. If CLA proceeds with legal litigation it is probable that Kemper and Aqua of Illinois will be included in the proceedings.
· CLA resident, Fred Suendermann, asked where the waste is going now. D. Whitehurst explained that the wastewater treatment plant is not currently operational. Waste is being transported in trucks to the treatment facility located near Ivanhoe Woods.
· CLA resident, Bud Furch, asked if Toll has described the alternative methods they are using for bank erosion. D. Whitehurst said that they have plans to build swales around the entire property and bring it down to one basin where the material can settle (near Manning slough) before it gets into Indian Creek. Previous engineers for Toll had committed to installation of a temporary sediment trap but the new engineers have denied they will do this.
· Mr. Furch also asked if Toll has committed to paying the $12,000 required to complete the bathymetric study. D. Whitehurst responded that they have said they will pay for this study.
· CLA resident, Jim Butler, asked if we have a figure of what damages would be if CLA were to be successful in a lawsuit. D. Whitehurst responded that he would estimate it would cost around $500,000 to perform corrective measures; however any reward CLA might receive could come in the form of corrective measures demanded by the court and not necessarily cash.
· Mr. Furch asked if Toll has advanced their time schedule for completion of the HWCC project. D. Whitehurst explained that the project was expected to take up to ten (10) years to complete, but that completion is now expected to happen within five (5) to six (6) years from the beginning of the project.
· Mr. Butler asked what would happen if Toll agreed to pay for their pro-rata share of dredging the Lake, but CLA decides not to move forward with their own dredging project. D. Whitehurst said that their pro-rata share could come in the form of money or we could demand that they dredge a portion of the Lake. It is too early to predict how this will play out.
Rules & Regulations
· Chair Janice Buslik reported that members received a copy of updated Rules & Regulations with their Semi-Annual Meeting notice. She explained that the Committee will be working over the winter months to create an enforcement section to address violations and fines. CLA attorney, Chuck VanderVennet, will review the enforcement section prior to its adoption by the CLA Board of Directors.
OLD BUSINESS - None
NEW BUSINESS
· D. Whitehurst announced that a meeting will be held for members of the Countryside Homeowners Association on November 8, 2005 at the Fremont Township Community Center. Several matters need to be discussed and CHA members are encouraged to attend.
· CLA resident, Fred Suendermann, said that residents need to be responsible for signs and balloons they put up to announce garage sales, or parties in the neighborhood. He said that many of these items remain posted long after the event and should be cleaned up by those who post them.
ADJO0URNMENT
Fred Suendermann moved and Andy Zych seconded the motion to adjourn the meeting at 9:15 p.m. All in favor, motion carried.