Rich Garling’s Blog

The recent news that Island Lake was one of the few communities to sign onto a class action suit concerning MTBE (methyl tertiary butyl ether) pollution and that we will be awarded a portion of the settlement money, around $2 million, has certainly sent some minds fluttering about as to where to spend those dollars. One of the responsibilities of being a Trustee requires that we provide for the health, welfare and safety of our residents. The money should be spent to guarantee the village’s water supply now and into the future. That means ensuring we have plentiful clean water from reliable sources and that it be protected from all possible sources of pollution, including so-called pig farmers and former gas station owners. Part of the reason this suit came about is because of the pollution caused by the gas station at Newberry and Route 176. It caused the well in Fox River Shores to be closed down. Part of the process for refining oil into gasoline is to add MTBE so that it increases the oxygen rate in the gasoline so that it burns cleaner.

 

While not the total process of refining gasoline it gives an idea of what it takes. Using electric power would certainly be a better alternative. I remember when the well closing occurred and how our water usage was limited as a result.

As a Trustee I will do all I can to ensure we have the water we need. My vote will be to spend that money on water related projects and nothing else.

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It’s 4 days into the new year that I hope will be better than 08 was. Especially at the Village level. I’m going to do a review of what happened in 08 in the Village of Island Lake. By the way, anyone is free to comment on this blog, you just have to sign your name to what you say. If you can’t do that than your comments are not worth reading.

First, recently a suggestion came up from Trustee John Ponio to amend the villages weapons ordinance. As the story was told to the Board, a group of people apparently stopped along side the road, maybe they parked in the lot, at Veterans Park. It was close to evening and these people got out of the car. They were wearing some kind of dark colored hooded clothing and apparently they held in their hands what appeared to be some kind of “air” powered rifle. A couple of nearby residents witnessed these people running around the park and it alarmed them. They called the Police, but these people left the park before they arrived.

Ponio has asked that we amend the the ordinance to include these types of rifles. The proposed amended ordinance is copied below:

AN ORDINANCE AMENDING THE VILLAGE CODE OF THE VILLAGE OF

ISLAND

LAKE CONCERNING UNLAWFUL DISCHARGE OF FIREARMS

________________________________________________________________                                                                                                                                                                          WHEREAS, the Village of Island Lake, Lake and McHenry Counties, Illinois, is an

Illinois municipal corporation; and

WHEREAS, pursuant to various provisions of the Illinois Compiled Statutes, including without limitation 65 ILCS 5/1-2-1, 65 ILCS 5/11-1-1, and 720 ILCS 535/8, among others, the Village of Island Lake has enacted regulations pertaining to the unlawful discharge of firearms that have been codified in Chapter 5 of Title 6 of the Village Code of the Village of Island Lake; andWHEREAS, from time-to-time, the Village reviews its Village Code to determine whether it needs to be updated or amended to better address current circumstances; andWHEREAS, the Village Board of the Village of Island Lake recently reviewed its Village Code and determined that it needs to be updated to address the use of spring-powered, electric-powered, and air, electric, or gas-powered rifles, guns, or pistols in the Village; and            WHEREAS, the Village Board of the Village of Island Lake finds and determines that the proposed amendments to the Village Code are desirable and in the best interests of the Village and its residents, as more fully described in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE Mayor and Board of Trustees of the Village of Island Lake, Lake and

McHenry Counties, Illinois, as follows:

Section 1.        The above stated recitals are incorporated herein by reference.Section 2.        Section 6-5-2-12 of the Village Code is hereby amended as follows:6-5-2-12:         UNLAWFUL DISCHARGE OF FIREARMS A.         It shall be unlawful to discharge any pistol, revolver or firearm in the Village; provided that this Section shall not be construed to prohibit any officer of the law to discharge a firearm or other service weapon in the performance of his duty. B.         It shall be unlawful to discharge any air gun, air rifle, BB gun, pellet gun, paint ball gun, or bow and arrow from or across any street, sidewalk, road, highway or public land or in any public place except on a safely constructed target area.  C.        For purposes of this Section, an “air rifle” is defined as any air, gas, or electric-powered gun, pistol, or rifle; spring gun; spring pistol; B‑B gun; paint ball gun; pellet gun; or any implement that impels a breakable paint ball containing washable marking colors or a pellet constructed of hard plastic, steel, lead, or other hard materials with a force that reasonably is expected to cause bodily harm; or any other “air rifle” as defined in the Illinois Air Rifle Act, 720 ILCS 535/1, as amended from time-to-time.  Section 3:     In the event a conflict exists between the terms of this Ordinance and any other ordinance of the Village, the terms of this Ordinance shall govern.  Section 4:     In the event that any term or provision hereof is found or determined to be invalid, the invalid portion shall be deemed stricken herefrom and the remainder shall be in full force and effect.   Section 5:     This Ordinance shall be in full force and effect from and after its passage and approval.Changes are in bold or have been crossed out.What is ironic here are two things:1. This is the same Trustee who has complained about changing ordinances to make them fit whatever situation we wanted them to. He is also the same Trustee who has asked that we spend thousands of dollars on making changes to all our ordinances at once rather than making changes to them, like this instance, one at a time. He is also the same Trustee who is a stickler for the rules and has said many times that you can’t change ordinances to fit whatever you want them to at that moment.

2. He has said in the past that he is not in favor of gun control. The words he used, when the Board was considering a request for gun control support from another Illinois Mayor, were “I am not a Nazi”. It’s on tape, recorded and video. So does this new support of gun control mean that he has switched sides?

I have an FOID card. While I do not own a weapon I do believe there are some weapons that we need to control. Uzi’s come to mind. But air powered guns do not.

Let us also consider that we already have two ordinances covering unlawful usage of weapons as copied below:

6-5-2-11: UNLAWFUL USE OF WEAPONS:

A person commits the offense of unlawful use of weapons when he knowingly:

A. Sells, manufactures, purchases, possesses or carries any bludgeon, black-jack, sling-shot, sand-club, sandbag, metal knuckles or any knife commonly referred to as a switch-blade knife, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife; or

B. Carries or possesses with intent to use the same unlawfully against another, a dagger, dirk, billy, dangerous knife, razor, stiletto, broken bottle or other piece of glass, or any other dangerous or deadly weapon or instrument of like character; or

C. Carries on or about his person or in any vehicle, a tear gas gun projector or bomb or any object containing noxious liquid, gas or substance; or

D. Carries concealed in any vehicle or concealed on or about his person except when on his land or in his own abode or fixed place of business any pistol, revolver or other firearm; or

E. Possesses any device or attachment of any kind designed, used or intended for use in silencing the report of any firearm; or

F. Sells, manufactures, purchases, possesses or carries any weapon from which more than eight (8) shots or bullets may be discharged by a single function of the firing device, any shotgun with a barrel less than eighteen inches (18″) in length, or any bomb, bomb-shell, grenade, bottle or other container containing an explosive substance, such as but not limited to black powder bombs and Molotov cocktails; or

G. Carries or possesses any firearm or other deadly weapon in any place which is licensed to sell intoxicating beverages, or at any public gathering held pursuant to a license issued by any governmental body or any public gathering at which an admission is charged, excluding a place where a showing, demonstration or lecture involving the exhibition of unloaded firearms is conducted; or

H. Carries or possesses in a vehicle or on or about his person any pistol, revolver or firearm, when he is hooded, robed or masked in such manner as to conceal his identity. (Ord. 275, 11-9-72)

And the original ordinance he proposes to change:

 

6-5-2-12: UNLAWFUL DISCHARGE OF FIREARMS:

A. It shall be unlawful to discharge any pistol, revolver or firearm in the Village; provided that this Section shall not be construed to prohibit any officer of the law to discharge a firearm in the performance of his duty.

B. It shall be unlawful to discharge any air gun, air rifle, BB gun, pellet gun, paint ball gun or bow and arrow from or across any street, sidewalk, road, highway or public land or any public place except on a safely constructed target area. (Ord. 867, 12-10-1992)

What do you think? Let me know. Sign up and I will post your thoughts so long as they do not attack someone personaly and they actually relate to the issue.

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Our most precious natural resource, next to our children, is water. We cannot survive without it. Yet we continue to use it like it is limitless. We use it as a political football when it suits our purposes, even to the point of destroying it just to get something else we want.  Many don’t realize that Lake Michigan is not this unlimited supply of water that we can take as much as we want when we want. It’s replenishment rate is actually less then 1% per year. And the reason why the Great Lakes Compact doesn’t allow for communities outside the Great Lakes drainage basin to use water from the Great Lakes is because they wouldn’t be able to replenish what they take. Simply put, if you can’t put it back, you can’t take it out.  Our water in Island Lake comes from the aquifer. The aquifer is not a big underground river. It is a layer of water-bearing permeable rock, sand, or gravel capable of providing significant amounts of water. It is capable of holding only so much water though, which is why during dry spells the village limits water usage such as watering the lawn. We only hurt ourselves when we allow businesses to dump wherever thy want or allow them to avoid cleaning up after themselves. We only hurt ourselves when we allow individuals to threaten our water sources just so they can make a fast buck. One reason for adding a water pumping station and tower in the northeast corner of the village is provide water to new residences and business as the village grows. It would allow us to complete a system that could provide water to any part of the village should another part of it fail. By building this system the village can guarantee water far into the future. By protecting our water we will never have to consider Lake Michigan as Wauconda is doing. We will be spending far less for a far more efficient system that is totally within our borders and our control. But, not if we allow known polluters to continue to get away with actions that threaten that supply. If they want to put a business at a certain intersection then do it like the rest of us do it; spend a buck to make a buck. The risk should be all yours and not the whole community.This board is open to discussion with any business or proposal that will bring revenue and jobs that benefit it. We will do honestly and correctly. But we will not do it by threat, huff or puff, or by being so hard nosed about that no wants to do business with us.We have a number of businesses that have come to the village expressing an interest in setting up shop. We’re at various stages of negotiations with them. Some will bear fruit; others will simply dry up and blow away in the wind. Only time will tell.  

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Showing that it really is all about him and that he’s willing to pollute the villages water supply Supermarket Bob has added bacon to his inventory.  

              

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It turns out that so-called pig farmer Bob Wargaski fight with Island Lake over the water tower isn’t as lofty as he claims… it’s all about him making money on this little deal, and everyone else be damned. He recently sent a letter to the VOIL with a list of demands in which, like holding a gun to the villages head, he tells the village pay me or else. He expects the village to pay him or he is willing to either pollute the villages water by putting in the pig farm or continue to sue the village. He demands the village pay for water line, sewer line, legal costs, the pig farm and the cost of annexation (when he so chooses over a 20 year period) into the village and rezoning the property from it’s current county ag zoning to commercial zoning.

And he expects the village to foot the bill. He expects the people of the village to pay for what would possibly amount to doubling, perhaps tripling, the value of his property.

In a recent Daily Herald article http://www.dailyherald.com/story/?id=252941  ”Wargaski claims he is only trying to protect his property values and keep the village from drawing down his own private well that’s part of the same aquifer. He says his neighbors are rallying behind him in this fight.” I wonder how much support they’ll give him when they discover he wants to build a supermarket next door to their homes.

“We’re all on ag-zone property and they are backing my play,” he said. “It’s going to draw down their wells too.” I’m sure his neighbors will find it interesting to see how much he really cares when they read the letter he sent the village.

Well this document sent to the village from Wargaski’s lawyer shows he is willing to drop the suit if the village meets his demands. He is holding a gun to the villages head saying pay me or I will continue to sue and I will pollute your water to boot.

Wargaski’s demands

The Heralds Article stated…”

“Wargaski vows to see the fight through to the end.”

“now it’s a matter of principle.”

No, it’s really a matter of money. As they said in the movies…Show me the money… It’s pretty tough to negotiate with someone who hasn’t been willing to negotiate. He knows that putting pigs on his property means we will have to resort to boiling our water or living off of bottled water. But he doesn’t care, as this letter shows. He only cares what he gets out of it, no matter that it costs you the health of your family.

It seems that all of his friends, including Trustee John Ponio (he was sent a copy of the letter by Bob’s attorney), support Wargaski’s little fit with the village. This group even threw a fund raiser for known polluter Charlie Amrich. Like their buddies at the Federal level they all laugh at the prospect that we will either not have clean water to drink or will be footing the bill that fills Bob’s pockets. Birds of a feather perhaps…

 
A copy of the letter below:

October 16, 2008
DONALD T. MORRISON
OF COUNSEL
SENT VIA FAX (847-247-7405) AND U.S. MAIL
Scott A. Puma
Ancel, Glink, Diamond, Bush,
DiCianni & Krafthefer, P.C.
175 Hawthorn Parkway, Suite 145
Vernon Hills, Illinois 60061-1493
Re: Wargaski v. Village of Island Lake
Dear Mr. Puma:
Last time we were in court, the judge inquired about the possibility of settling this
case. I have discussed a possible settlement ofthis case with my client. Please be advised
that Mr. Wargaski is willing to settle this matter as follows:
1. The Village shall pay all the plaintiffs attorneys fees and costs incurred in this
litigation along with all the attorneys fees and costs incurred in the IEPA matter.
2. The Village shall reimburse the plaintiff for all the costs incurred in the
construction of the pig farm.
3. The Village shall extend a waterline to the plaintiffs property at the Village’s sole
cost. The waterline shall be big enough for a commercial use of the plaintiffs
property and the Village shall waive all fees and costs including, but not limited to,
any tap-on or recapture fees. The Village will also agree that the plaintiff and his
successors in title shall not be required to annex into the Village to utilize the
waterline.
4. The Village shall extend a sanitary sewer line to the plaintiffs property at the
Village’s cost. The sanitary sewer line shall be big enough for a commercial use of
the plaintiffs property and the Village shall waive all fees and costs including, but
not limited to, any tap-on or recapture fees. The Village will also agree that the
plaintiff and his successors in title shall not be required to annex into the Village to
utilize the sewerline.

MORRISON & MORRISON, P. C.
5. The Village shall enter into an annexation agreement with the plaintiff that would
allow either the plaintiff or his successors in title to annex into the Village at their
sole discretion. The annexation agreement shall be valid for twenty years. Upon
annexation, the plaintiff’s property would be zoned commercial. The Village would
pay all the fees and costs incurred in preparing and executing the annexation
agreement including the plaintiff’s reasonable attorney’s fees and costs.
6. In the event that the portion of Dowell located on the plaintiff’s property is
vacated, the Village agrees that the property shall immediately revert to the
plaintiff’s ownership. The Village would agree to immediately move its municipal
boundary to the western property line of the plaintiff’s property.
7. The Village shall disclose the location of the watertower on its property and if
possible, locate the watertower as far as possible from the plaintiff’s house.
8. In exchange for the foregoing, the plaintiff agrees to dismiss the lawsuit with
prejudice and agrees to move the pig farm off his property to allow construct and
use of the Village’s proposed well at its current location. In addition, the plaintiff
agrees that he will not use his property in any way that violates the Village’s IEPA
permit for the well.
9. A copy of the Settlement Agreement shall be entered with the court in this case
and the trial court shall retain jurisdiction to enforce the settlement. In the event that
either party has to enforce the agreement, that party shall be entitled to payment of
its attorney’s fees and costs.
I believe such a settlement will resolve all the issues between the parties and allow
the Village to proceed with the construction ofthe well and watertower. Please let me know
the Village’s response to this settlement offer.
Very truly yours,
Margaret Morrison Borcia
cc: Bob Wargaski via fax

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