The Herald from Crystal Lake, Illinois on December 28, 1982 · Page 1
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The Herald from Crystal Lake, Illinois · Page 1

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Crystal Lake, Illinois
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Tuesday, December 28, 1982
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files suit over Ames Trust McHenr y hospital . a iv. 1 .....lt "As responsible hospital trustees, It Is therefore necessary to seek clarification from the court," the press release said. Cain pointed out that the NIMC serves the medlca needs of Crystal Lake. He said that the new facility that is under construction about 54 miles north of Crystal Lake will undergo a "substantial Increase in the number of Crystal Lake patients once the building is completed. ACCORDING TO Information In the lawsuit, about 10 percent of the ln-patlents and slightly more than 13 percent of the out-patients of the NIMC are Crystal Lake residents. About 10 percent of the employees of the hospital are Crystal Lake residents and 15 physicians who reside or have offices In Crystal Lake are on the hospital staff. In 1975, Sherman Hospital In Elgin filed suit for a declaratory Judgement, asking that the court find the then-proposed Sherman-Crystal Lake Health Care Center eligible to receive the trust fund. Good Shepherd Hospital In Barrington, St. Joseph's Hospital In Elgin and McHenry Hospital intervened. ' ..j klk The courts determined that none of the parties complied with the ln: tent of the Ames will. Specifically, In the case of McHenry Hospital, the court concluded that since that hospital had been In business since 1962 - the date when the Ame's will was executed - Ames had not considered McHenry Hospital "In or near" Crystal Lake. However, NIMC officials point out that the new hospital site Is now only 44 miles from Crystal Lake. In a letter dated Dec. 1, addressed to Zambon from Ladd. the NIMC points out that the new hospital site "clearly places the Institution within the parameters of Mr. Ames" last will and testament.' By KEN WYSOCKY McHENRY Northern Illinois Medical Center trustees have asked the McHenry County circuit court to determine whether the hospital is eligible to receive the Ames Trust fund, according to M. David Cain, president of the NIMC board of trustees. The trust fund was set up by Thomas W. Ames, whose will directs that the bulk of his estate - about $750,000 - be used to develop a hospital In Crystal Lake within 20 years. If no hospital Is built, however, the money is to be given to a project beneficial to the community's welfare. Numerous area groups have expressed Interest in obtaining the fund, including the Lake Region YMCA, the Crystal Lake library board for financing a portion of the proposed library addition, McHenry County College for a community center facility and the Crystal Lake Park District for a community swimming pool as part of a proposed park development plan. Jim Zambon, trust officer of the Home State Bank of Crystal Lake, Monday would not comment on the number of groups that have applied for the Ames Trust. t , . A six-member Ames board of trustees will decide which project will be the recipient of the money after February. The NIMC, formerly McHenry Hospital, filed a civil complaint Monday morning In McHenry County Circuit Court, Cain said. paragraph eleven of the Ame's will, the trustees have the duty to distribute the money for the erection, construction and maintenance of a hospital building or buildings "In or near to Crystal Lake." The lawsuit also said that the bank's "failure to distribute the trust estate In accordance with the hospital's request constitutes a breach of, the bank's duties as trustee." - NIMC officials had pointed out to toe Ames Trust committee In early December that they felt the hospital qualified for the money. But a Dec. 17 letter from the committee denied the request, Cain said. According to Jim Zambon,' trust officer of the Home State Bank of Crystal Lake, Memorial Hospital In Woodstock also made a similar proposal to me Ames trust committee, and was also refused. Jeff Ladd, NIMC attorney, called the complaint a "friendly lawsuit because NIMC officials and Ames Trust committee members had already discussed the possibility of a court decision to define the parameters of the Ame's will. ZAMBON SAID the trustees of the Ames fund did not feel the NIMC project fit the terms of the trust. In a press release, Cain stressed that "the suit should not be Interpreted as an attempt on the part of the hospital to prevent the use of the funds for alternate charitable uses fdr residents of Crystal Lake, but It is clear from Mr. Ame's will that his primary Intent was to serve the health care needs of the community.'' Cain said the NIMC trustees felt it was their responsibility to in- ..... itn .l.iiMriamnnAii ciaray our pusmuu, vain oaiu. CRYSTAL LAKE "were simpiy asxing me coun 10 Free Press Newspaper Group Our 107th Year Issue 253 mm 1982 Published at Crystal Lake, Illinois 60014 : : 1 " ' ' - ... s.,. . ?:. tt 'Wnnn..MI ... ,i . i State's holiday traffic deaths total 17 I v vestigateme possiDimyoi recti vuir seriously Injured. Spring-like temperatures kept northern Illinois roads clear, but some Southern Illinois roads were covered with 6 to 8 inches of water from heavy rains and flooding. "It looks like the majority of the fatalities occurred in the north central to northern part of the state," state police Sgt. Adrlon Cross said. "There was an Increase In fatalities," he said. "Last year, ment rent subsidies, early August ana was wen along by December. At the same time, construction was started on Briarwood West's companion project, the 66-unlt Villager senior citizen housing project which did receive council approval along Main Street near Crystal Lake Avenue. The Villager Is also a subsidized project. Koch obtained $6.63 million in Illinois Housing Development Authority bond financing for the projects. counted 37 deaths, followed by California with 31 and New York with 21. Pennsylvania had 15 deaths five in one accident. Michigan reported 14, Tennessee 13, North Carolina 12 and Kentucky 10. The National Safety Council had predicted traffic accidents would kill between 300 and 400 people during the. weekend. During the Christmas weekend of 1981, 354 people were killed and 16,500 were r West developer wins OK , ...i ...k.MI.. Kan on in ' began In By United Press International At least 17 people were killed in Illinois traffic accidents during the Christmas holiday weekend mostly in the northern part of the state, state police said Monday. A final UPI count showed at least 346 people died in traffic accidents between 6 p.m. Thursday and midnight Sunday. Nationwide, Texas led the death count . with 44, Including five members of one family. Florida Briarwood Ru TFITF WA AI.KF.55 The rejection and subsequent court action over the controversial Briarwood West subsidized apartment project was one of the main news stories In Crystal Lake in 1982. The 50-unit apartment complex proposed for land next to West School was turned down by the city council, for the second time, in May. But Rockford developer Walter Koch, his investment partners and the owners of the 9.5-acre Briarwood West site 20 HOME DELIVERY 12c 14 Pages 2 r I " V j ed. According to employees, benzoyl peroxide - which has a low nash point - was stored In the refrigerator. " Apparently the refrigerator light bulb caused one bag of the chemical to explode which in turn ignited the others. One employee reported hearing several explosions. After exploding, the chemicals liquified and spread FIRE - Page 3 hflMP nfflnlale olalm that lintar muncj. Tuesday, December 28, we did have adverse weather conditions with snow and ice scattered throughout the state." "This year, the road surfaces were wet In the southern part of the state, with some roads being flooded. Other roads in the state were clear and open to traffic." "For an unknown reason, although the roads were drlvable, people were Just not as cautious as they should have been." from court A (U-IINIT nlflll tOT the Bfit A 64-UNIT Dlan for the Briar wood West property, annexed to the city In 1979, was rejected by the council In 1981. The annexation agreement for the property allowed only 50 units on the land. But a 50-unit plan submitted by Koch was turned down by the city council last May. Coun-cllmen voted to uphold a zoning board recommendation of denial based on the fact that Koch's plan deviated too much from the plan attached to the annexation agreement. The sketch plan with the annexation agreement showed mostly duplexes instead of quadraplexes. The council, which also was concerned about capacity problems In the North Shore sewer line, believed duplexes blended in better with the predominantly single-family neighborhood than the larger, four-unit buildings. Koch's plans generated widespread opposition from area residents, who formed the-West Shores Homeowners Association and worked to block approval and construction. THE LAWSUIT was filed In June' In U.S. district court In Chicago, charging the council's denial was a result of a policy of Intentional racial and economic discrimination on the part of the city. A request for a preliminary injunction, containing the same accusations as the lawsuit, was also fUed. Testimony on the preliminary Injunction for the project began in federal Judge Hubert WUl's court on June 23. Among those testifying were Koch, McHenry County Housing Authority Director Nancy Briscoe, Mayor Carl Wehde. city planner Dean Pollock, city utilities Director William Straczek, zoning board Chairman Hal Dahl and city engineer Clyde Wakefield. In the end. Judge Will ruled that the change from duplexes to quadraplexes and the capacity problems in the sewer svstem were not valid reasons for denying the project. He also said, in an 8-page opinion, that city officials deliberately gave Koch the "runa round." On July 9. Judge Will ordered the city to issue building permits to Koch so construction of the 13 quadraplex buildings and one duplex could proceed. At year's end. the matter is still in litigation. A bearing on the lawsuit is scheduled for next month. Although It is unlikely Judge Will will reverse the preliminary injunction decision, the plaintiffs also sued the city for $250,000 In punitive damages, which remains the biggest unresolved Issue la the c w Several bags of benzoyl peroxide stored in a refrigerator were the aDDarent cause of a chemical fire at Spartan Adheslves Mon day afternoon. (HeraldPhotobyJonYoung) Chemical fire hits plant 1982 in review The Morning Herald reviews the stories that made headlines during 1982. took the city to court last summer and won. Construction of the apartments, whose tenants are eligible for U.S. Department of Housing and Urban Develop Iwert was ordered confined to the Elgin Mental Health Center, where she had been since August, following her transfer from the psychiatric unit at Northwest Memorial Hospital in Chicago. THERE WAS no jury in the bench trial as Iwert had waived ber right to a Jury trial. On the morning of April 14, testimony showed, McHenry police, alerted by a neighbor, found the dead Iwert children and their mother in their home in the Fox Ridge subdivision. The neighbor had heard a car running in the garage and alerted police, remembering that Iwert had attempted suicide in February by running the car in the garage. There was a large pool of blood in the kitchen and blood on the refrigerator. Both children were found " Li H (i l occupancy is C ( J ; . scheduled for early next year. (Herald Photo) Good Morning! Construction of the Briarwood West apartments proceeded through the autumn and first Iwert not guilty by reason Materials stored In a laboratory refrigerator at Spartan Adheslves, 345 E. Terra Cotta. were the apparent cause of a chemical fire Monday afternoon. No flames were visible when firemen arrived but the building was filled with dense smoke and employees had evacuated. Firefighters wearing breathing apparatus entered the structure and found the refrigerator door blown off and the chemicals burn- Weather Windy today and colder with possible snow and highs in the 30s. Laws tonight around 10. Mostly cloudy Wednesday with a chance of snow or snow flurries with highs near 20. Partly cloudy and cold Thursday through Saturday with highs ranging from the teens or lower 20s and lows from rem to 10 above. Index kmt4 Sn AtftC'W trtfft i It IS COMI ClWMll Highlight Pages 4, 5 WEDDINGS - Elizabeth bevernier and Robert Behrens, Jr., both of Cry stal Lake, were married Oct. 16 In a double-ring ceremony at St Thomas the Apostle Catholic Church. Eye Opener HARRISBL'RG, Pa. (LTD -Two unknown winners of recent Pennsylvania lottery jackpots totaling $81 million owe 1982 taxes on the prizes even It they wait until the new year to collect. Lottery officials art waiting for the mystery winners of S2t million In the Christmas Eve game and U. million in the Dec 17 draing to identity themselves and claim thew money. fll 10 10 t Nttffll OMm ri ii.f 10 I II of insanity dead at the bottom of stairs leading from the kitchen to the garage, according to testimony. Both were dressed in bedclothes and were dead as a result of multiple stab wounds. POLICE FOUND Iwert In the driver's seat of a blood-smeared car with the engine running. Iwert had two dozen self-inflicted stab wounds in her chest and upper abdomen as well as slashed wrists. A knife was found in a large pool of blood on the garage floor. A nurse at McHenry Hospital, where Iwert was taken, had told officials that Iwert had told ber that she had killed the children because they were better off dead as she could not take care of them. IWERT -Page 3 By KEN WYSOCKY When Susan Iwert was found not guilty by reason of insanity Oct. 8 in the stabbing deaths of her two young children, there was no public outcry even though the insanity defense was going through some con-trdversy at the time due to the John Hinckley acquittal. It was. as both Judge Leonard Brody and Assistant State's Attorney Gary Pack agreed, one of the few times a case fit right into the insanity defense. A psychiatrist testified that Iwert who attempted to commit suicide after she killed 3-monthold Jeffrey Iwert and 2-year-old Amy at their McHenry home on April 14. was "suffering from a very severe depression, a postpartum depression with psychotic features" following the birth of Jeffrey in January.

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