Deal near for new Glennshire water system

Lake County and Hawthorn Woods officials are close to finalizing a deal that would end a legal battle over the water supply for the Glennshire subdivision.

The proposal, already approved by the village board, could partially clear the way for the county to construct a new water system for the homes near Old McHenry Road, in one of the village's oldest areas.

It doesn't mean the system will get built anytime soon, however. That's because a separate lawsuit filed by Glennshire residents against the county would remain.

That lawsuit concerns who would pay for the roughly $6 million project. Residents want the county to fund the entire effort; the county has offered $1 million, saying a residential surcharge should be implemented to cover the rest.

Work might not begin until that issue is resolved, County Administrator Barry Burton said.

"Obviously, we have to have a revenue source to pay for the system," Burton said. "And that revenue source is being challenged by the residents."

Christopher Donovan, leader of a homeowners group formed over the issue, criticized the deal, saying the village is trying to protect itself from further legal action.

"Both of these parties have been negligent," he said. "I'm disappointed with the village board for what they did."

The homeowners' lawsuit will continue, Donovan said.

Two county committees are set to review the proposed agreement with Hawthorn Woods today. The full county board could approve the plan in May.

The exact terms were not available Tuesday. Mayor Keith Hunt said plan calls for the county to supply water to Glennshire through a company called Aqua Illinois, and it sets service rates for residents.

Additionally, the county would release all of its claims against the village, Hunt said.

"We're glad to be concluded with the litigation with the county," he said. "From the village's perspective, this removes all of the excuses why the county cannot immediately start construction."

The proposal also would give the county all of the permits needed to proceed and create a service agreement with Aqua Illinois, Burton said.

The fight over the water supply dates to 2006 when residents learned 20 shallow wells needed replacement because of a lack of chlorine disinfectant in the system. The Illinois Environmental Protection Agency alerted the county of the problem the previous year.

In November 2006, the state sued the county on behalf of 224 homeowners. The lawsuit sought to force the county to build a new EPA-compliant water system.

In May 2008, Glennshire residents filed a federal class-action lawsuit against Lake County, saying it should pay the entire $6 million replacement cost. That case now is in state court.

In June 2008, the county filed a court motion effectively bringing the village into the legal battle. The county asked the court to void a 1975 contract under which the county took over ownership and operation of the water system.

The county's public works committee will discuss the proposal today at 10 a.m. at the county government center in Waukegan. The financial committee will review the matter at 1 p.m., at the same location.