From a Friend of McHenry Blog:
Besides the general sniping between President Tiesienga and Commissioner Cagle and the public frequently telling some people (Commissioner Nisenson? and Attorney Anderson) to speak into their microphones throughout, the following happened:
This is a bit long. I think you would be most interested in X, XVI, and XVII. X is about building a new maintenance facility. XVI and XVII is about the Lake Wars and riparian rights. Lake Ecology fee is back with some changes that are described as minimal but I am not completely sure.
X: Presentation: Williams and Associates -Maintenance Garage
The Park District bought land/building at 365 Prairie St as a central storage maintenance facility. The land was purchased in 2024-12 for $2.25M. Construction would take ~1 year and cost ~$9.7M. There was debate if this was a good use of money (compared to building from scratch – estimated $17M) or a waste of money (construction over budget by $5M). My opinion: the construction is not over budget and no one said what the current storage and maintenance costs are.
XI: Ordinance 25.26.02: Surplus Equipment
No news.
XV: General Practice Manual Policy 5.13 -Preparation of Agenda
Moved up. Discussion about how to get an item on the agenda requires 2 board members but the president doesn’t need a second. Discussion about the authority of the president versus fairness. And the authority for calling emergency meetings president versus not president. Most members of the board voiced that it should be easy to get items on the agenda and it should be fair. Motion to not require second: Fail 3-4. Motion to require president to need a second: 7-0. My opinion: legal counsel will say that state law mandates that president doesn’t need a second.
XII: Ordinance 25.26.03 General Practice Manual Policy Revisions
Commissioners can now face removal proceedings if they miss 4 meetings in 12 months (down from 8 because of removal of Committee of the Whole meetings).
XIII: Boat Traffic Assessment
Discussion on if the Park has the authority and/or ability to track number of people on the lake. Commissioner Cagle said that in 2018/2019 then private citizen Tiesenga wanted to limit number of boats. President Tiesenga said the law says the Park District cannot control the number of boats. Then a discussion/debate over riparian rights (a familiar theme for the rest of the meeting). No action was taken but I believe Executive Director Herbster said he would look into seeing if the number of boats in the lake at a given time could be counted.
XIV: Pickleball Court Access
There are not enough pickleball courts and neighboring park districts are not building pickleball courts so nonresidents are taking up space. The Park District will open more courts in the near future. Debate over if courts should be locked up and free keys given to residents/paid keys to nonresidents. Debate over requiring online signup. No consensus other than pickleball courts should be free for residents.
XVI: Levin Ginsburg Letter of Engagement
Discussion about paying another legal firm to determine riparian rights on Crystal Lake. Attorney Anderson said he can’t serve (conflict of interest) and that the Lake Wars have never ended but paying this firm (proposed retainer $3,500, Attorney Anderson thinks costs shouldn’t exceed $10,000) will finally determine who has authority. Attorney Anderson doesn’t think this is necessary because he believes it is clear the Park District cannot regulate the lake. He said the previous attorney thought differently and the new law firm might think something else. Much discussion about what it means that the Park District owns much of the lakebed but not all the lakebed. Vote not to hire law firm: Passed 4-3. My opinion: doesn’t make sense to pay law firm unless the Park District gets sued. And the current Park Board majority believes the Park District cannot regulate the lake so there will be no lawsuits so no need for a lawyer. Also, the agenda packet on Lake Wars history is pretty detailed.
XVII: Lake Usage Fees – Agency Agreement for Collection and Grant of Ecology Funds
Lake Usage fee/Lake Ecology fee agreement with previous costs is back. Attorney Anderson said nothing has been changed but name from “Intergovernmental Agreement” to “Contract” because the Park District has no authority. Debate over if the Park District has authority to regulate. Debate over why the Park District is treating weeds if they don’t own the entire lake. President Tiesenga: to take care of the beaches. Debate over riparian rights (again). Debate over Lake Wars (again). Asked Executive Director Herbster for opinion. He sees intergovernmental agreements as contracts but he wants to know if the Park District can do weed treatment on its own or if it has to take calls/give status updates to the City/Village. Attorney Anderson: no, nothing but name has been changed. Motion to not bring back lake ecology fees: Failed 3-4. Motion to bring back ecology fees: Passed 6-1 (Commissioner Cagle voting no). My opinion: what changed? What was never discussed and I think the critical question is if people with riparian rights need to pay the Lake Ecology fee or if only non-lakefront owners need to pay the fee.
