Minutes of the Oak Terrace Improvement Association- October 7, 2020

Board members present: Ken Hohs, Nancy Krejsa, William Yarbrough, Ramona Triebold, Kevin Shifley, Rich Rieck. Jeff Kehr and James Harms.

Thank you to the following Members at large: Josh Hogan, Lisa Brickert, Paul and Denise Simmon, Joe and Debra Fedro and Karen Marquardt.

The meeting was called to order at 6:06 p.m. by President, Ken Hohs.

Public Comments: A question was asked about whether Trick or Treating would occur this year. The answer was yes and the board agreed to once again hire a sheriff to be present in the neighborhood from 4:00 – 8:00 pm.

The reading of the August 5, 2020 meeting minutes was waved and a motion to approve the minutes was made by Rich Rieck. Kevin Shifley seconded the motion and the motion passed.

William Yarbrough delivered the Treasurer’s report: As of August 31st, we had $29,091 of cash in Operating Funds, $30,139 of cash in Reserves and $14,238 in Accounts Receivable, leaving us with total assets of $73,467. Statements were mailed in October. A motion was made by Kevin Shifley to approve the Treasurer’s report. Jim Harms seconded the motion and the motion was approved.

A discussion ensued regarding fencing at the parks. Based on Board discussions at the August meeting, Ken Hohs obtained two quotes to repair the split rail fencing at both Lakeview Park and Hanson Park, and to extend the fence at Beach Park by another 25 feet along the channel to prevent non-Members from climbing around the end of the fence and entering the park illegally. A motion was made by Nancy Krejsa to approve the work by Alonso Lopez Landscaping, who submitted the lowest bid of $3,400, which will be taken out of Cash Reserves. Rich Rieck seconded the motion and the motion passed.

Based on the motion passed at the August, 2020 meeting, Ken Hohs worked with the Highway Commissioner to have Oak Terrace designated a Golf Cart Community. Signs have been posted at the entrances to the neighborhood and the Golf Cart Rules & Regulations will be posted on our website. The plan is to allow parking of a limited number of golf carts at Beach Park. The parking spaces must leave sufficient space to allow normal and emergency boat launching. Kevin Shifley agreed to obtain and install appropriate signage at Beach Park and look into marking designated cart parking spots.

In follow-up to the discussion at the August meeting, preliminary quotes were obtained for three new picnic tables at Beach Park (2 tables) and Lakeview Park (1 table). Kevin agreed to do more research on pricing and the board decided this should be included in the 2021 operating budget, which will be approved at the November meeting, with a final decision by the board regarding the picnic tables at a spring 2021 meeting.

We have a dead walnut tree at Lakeview Park. Ken Hohs had received a bid for $500 to have it removed. Another firm, Lucas Landscaping agreed to do it for free in exchange for being able to take the lumber. The board approved moving forward with the work for free.

Also in follow-up to the August meeting and numerous other discussions over the years, Rich Rieck obtained an $8,000 bid from Shorewerks to obtain a permit and install, by the end of 2020, rip rap along approximately 100 feet of seawall at Beach Park, which will minimize back-waves in the lake, and protect and elongate the life of our seawall. Of the total amount, $5,000 of our Cash Reserves had previously been allocated for this project and the remaining $3,000 will also come from Cash Reserves. A motion was made by Nancy Krejsa to move forward with the project, which was seconded by Jeff Kehr. The motion passed.

The next agenda item was a discussion of people who are “trespassing” on the channel. The concern is that fishermen – primarily high school fishing teams – cast their lines onto members’ boats and docks, leaving scratches on personal property and leaving hooks in docks. A member asked if the board would agree to post a “No Trespassing” sign at the entrance to the channel and ask us to enforce any trespassing with the Lake County Sheriff. The board agreed to look into what we can do legally, and also suggested we work with Ron Salski of the Mundelein Park District, who issues the keys to the high school fishing teams, to ask them to notify the teams that they cannot be casting lines onto people’s property. The concern of trying to claim the channel as private property was raised by the board because under Illinois Law, Diamond Lake is a designated Public Lake, and while we own a portion of the Diamond Lake lake bed, we do not own the surface water. Among other things, the Illinois Rivers, Lakes and Streams Act states:

Sec. 7. It shall be the duty of the Department of Natural Resources to have a general supervision of every body of water within the State of Illinois, wherein the State or the people of the State have any rights or interests, whether the same be lakes or rivers, and at all times to exercise a vigilant care to see that none of said bodies of water are encroached upon, or wrongfully seized or used by any private interest in any way, except as may be provided by law and then only after permission shall be given by said department

The Department of Natural Resources shall have power and authority to inquire into encroachments upon, wrongful invasion and private use of every stream, river, lake or other body of water in which the State of Illinois has any right or interests. The department shall have power to make and enforce such orders as will secure every stream, river, lake or other body of water, in which the State of Illinois has any right or interest against encroachment, wrongful seizure or private use.

Sec. 13. The Department of Natural Resources shall make a careful investigation of every body of water, both river and lake, in the State, and ascertain to what extent, if at all, the same have been encroached upon by private interests or individuals, and wherever it believes that the same have been encroached upon, the Department shall commence appropriate action either to recover full compensation for such wrongful encroachment, or to recover the use of the same, or of any lands improperly or unlawfully made in connection with any public river or lake for the use of the People of the State.

Sec 18.  Wherever the terms public waters or public bodies of water are used or referred to in this Act, they mean all open public streams and lakes capable of being navigated by water craft, in whole or in part, for commercial uses and purposes, and all lakes, rivers, and streams which in their natural condition were capable of being improved and made navigable, or that are connected with or discharged their waters into navigable lakes or rivers within, or upon the borders of the State of Illinois, together with all bayous, sloughs, backwaters, and submerged lands that are open to the main channel or body of water and directly accessible thereto.

Since it is the end of the season, the Board agreed to do further research, post a sign at the entrance to the channel (language to be determined) and review the topic again at one of its spring 2021 meetings with the goal of working with the Mundelein Park District staff to teach students respect of personal property.

On a new topic, Rich Rieck noted that the township had added rip rap at the boat launch to prevent erosion.

There being no further business before the Board, Ramona Triebold made a motion to adjourn. Jim Harms seconded and the motion passed. The meeting was adjourned at 6:47 pm.

The board’s next meeting, which is also the date of the Annual Meeting, will be held on November 4, 2020 at 7:00 pm at the Countryside Fire Department.

Respectfully submitted by Nancy Krejsa, OTIA Vice President, on behalf of Ramona Triebold, OTIA Secretary.