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?' Deliberate Override 'Water Line' Veto In Toepper, Hospital Suit Rv Angela Burden SHAW MEDIA NEWS SERVICE A jury Wednesday was deliberating the outcome of a lengthy trial on a civil suit in which about $8 million is being sought for damages by the plaintiffs who claim their four-year-old son sustained permanent brain damage at birth. Plaintiffs in the case are Jim and Jane Toepper of Volo, and their son, Jason, who was born Jan. 24, 1978, in McHenry hospital. Defendants include McHenry Hospital and former staff members of its obstetrics department. The suit claims "fetal distress" at the time of the baby's birth, because the physician was not called in time, and vigorous resuscitation by the doctor at birth caused Jason's brain damage. The defense says an acute respiratory infection at about six-months-old was the probable cause of the child's per­ manent brain damage. At the close of the trial Tuesday, the plaintiffs asked damages of $641,986 for loss of future earnings, $3,058,686 as fair and adequate judgment for the defendants' negligence, $2,500,000 as compensation, $650,000 for pain and suffering, $950,000 for disability, $15,000 for medical care expenses incurred to date and $70,636 for home im- (Continued on page 18) A unanimous vote of the McHenry City Council Monday night overrode a veto from Mayor Joseph Stanek regarding a water line extension to property on Front street belonging to Edward Thennes. , Mayor Stanek vetoed action taken at the Dec. 7 regular meeting where the council voted to pay for the extension of a water service line from the west side of Front street to Thennes' property on the east side. Amid projections of plant expansion, more jobs and increases in municipal water usage, the McHenry City Council evaluated a request from Illinois Coil Spring company and requested more information. According to plant manager, Joseph Dicks, the manufacturing company is planning a pilot plant for injection molding of plastic parts. Dicks reported that a threefold increase in water usage would be needed for cooling purposes. The plant currently uses about 110,000 gallons per month. The manager also said the pilot plant, scheduled for March of 1982, would employ about 30 additional people. A major expansion project is slated for 1983 and would employ about 110 people, Dicks said. The company was asking for relief from the sewage tax, saying that the cooling water would not enter the sanitary sewer system. The mayor alleged in his veto letter that the historical and traditional in­ terpretation of the City of McHenry regulations would be violated if the city paid for the service extension. Stanek stated further, "The availability of water is not a definable concept that can be applied without subjective evaluation...The cost of that extension has, by precedence and tradition, been charged to the benefited property." Dicks commented that the only effect of the cooling operation would be a two to three degree increase in water temperature. The manager added that the temperature would probably return to normal by the time it reaches Boone creek. Alderman Edward Datz asked, "Have you ever thought of using a cooling tower?" The alderman expressed concern over the waste of water due to the cooling operation. The plant manager told the council the pilot plant would require about 330,000 gallons per month, while the expanded facility would use an estimated 1.65 million gallons. Council members requested more information on water availability to meet the proposed need and a report from the company on the feasibility of using more water conservation oriented measures. The letter said the code book had no provisions for the city paying for the extension. "The action is an unprecedented subsidy at the taxpayer's expense," the letter said. "I have found no case in which the service pipe construction was paid for by the city." The mayor said the council members should note the words "provide" and "available" in the code book and argued that the water line was not In other business, Donald Gerstad, president of Residential Development Group (RDG), asked for and received a two-year extension on the final payment of $25,000 ~ a part of the Winding Creek (Backhaus farm) an­ nexation agreement. Gerstad said that to date, 32 houses had been built since the project started 30 months ago. He also noted that the company has paid $175,000 in cash, as agreed, and had lived up to most of the obligations of the agreement. Alderman Jack Pepping asked, "Is this the tip of the iceberg? There are other stipulations regarding road construction, acquisition of park property, etc. which have certain time restrictions. Are you going to ask for other relief?" "I really wish I knew the answer," Gerstad replied. "Maybe we were too optimistic with the build out time." (Continued on page 18) available. He also pointed to the section of the code book which dealt with the city "furnishing" water meters. "...On the same page it refers to furnishing meters with the costs to be borne by the benefited property," the veto letter said. According to the mayor, litigation was "anticipated and promised" because of the previous council action. He noted a Dec. 15 letter from James L. Althoff, of Althoff Industries, which requests reimbursement of costs in­ curred when Althoff paid for a service line installation to Payton Chevrolet, on the east side of Front street. The Althoff letter said that service was requested in 1964 to the Payton building but he was told by the city that it was his responsibility to install the line. Lakeland Construction did this at a cost of $680. Althoff said he was also required to purchase a bond to go with the highway permit from the State of Illinois. At the last meeting, the majority of the council felt that the city was responsible for the installation of the service pipe to the property line, basing this on an interpretation of an or­ dinance dating to the late 1950's. Thennes, who served on the council at that time, said it was the intent of the council to provide service to the property line at no cost to the property owner. Thennes was supported in his in­ terpretation of the ordinance by Alderman Ray Smith. Also at the earlier meeting, Alder­ man Jack Pepping said there may or (Continued on page 18) Consider Request For Pilot Plant Christmas Comes To aw mmmmtemmmmamma J 1 McHenry This simple but beautiful setting is in the front of the home of Mr. and Mrs. Robert Blaney at 612 Green street. Bright, shiny trees sparkle with a myriad of lights in front of the home and garage, separated by two huge wreaths. Far in front, as if to THE MCHENRY PLAINDEALER "SERVING THE CHAtN O LAKES REGION SINCE 1875"^ VOLUME 106 NUMBER 43 THURSDAY, DECEMBER, 24, 1981 1 SECTION 20 PAGES 25' extend a welcome, is a larger tree which lights the driveway. Inside the home, not visible in this photo, is a small, lighted tree placed high above the doorway to shine through the two upp*"* middle windows. STAFF PHOTO-WAYNE GAYLOI Few of us ever completely grow up as far as Christmas is concerned, and in a cynical world, this is refreshing. When Santa letters come into the office, there probably isn't one of us who doesn't begin to daydream about what we expect to find under the tree on Christmas eve. Now that the time for daydreaming is coming to a close, we have penned a few things closest to our heart. First, to start the day, we would ask Santa for an alarm clock with an added magic hand that opens the eyes, turns up the thermostat, and then leads us down the dark stairway these dark winter mornings. We would hope he might conjure up some bit of magic also to prevent our cat Dumpling from hearing our foot­ steps and demanding breakfast before we can get a cold washcloth on our face. Once out in the cold world, we would like to look upon the neighbor's lawn completely covered with snow to promote our own holiday spirit. Our own lawn, of course, would be com- pletey free of white fluff, as would the driveway. Unlike instant-on TV, we have never had the pleasure of instant-on car heat. We would like to talk Santa into this luxury of living, if only early in the day when we are simply not fortified suf­ ficiently to start up in freezing tem­ peratures. At work, we would appreciate if the big man in the red suit would come up (Continued on page 18) In The Christmas Spirit Winning Home Displays Page 20 FREE TV Gulden Today's Edition Dear Santa Claus: t Br ing Safe Toys Page 3