Trustees send resident bench request back to Public Works and Parks after liability, ownership and location concerns

A resident offered to donate a bench at a village stormwater pond; public works staff and trustees debated which pond was intended (pond north of Cottage Grove Road next to the post office is privately owned with a village drainage easement; another pond to the south is used by residents for fishing and skating). Public Works staff said the village does not mow or maintain the pond by the post office and recommended against siting a bench at that location; staff suggested an alternative village‑maintained location.

Trustees and staff raised liability and recreational‑immunity concerns. Village counsel/staff explained there is general governmental immunity for legislative/discretionary acts, but clarifying the pond’s intended use (stormwater management versus recreational amenity) and adding signage or other measures could create an additional layer of recreational immunity if the village endorses recreational use. Trustees voted to send the bench request back to Public Works and Parks for specific site recommendations, maintenance plans, and legal/risk guidance.

Why it matters: The item involves public safety and liability for informal recreational use of stormwater ponds (ice skating, fishing). Determining ownership, maintenance responsibility, and whether the village should formally permit recreational use affects risk management and future amenity decisions.

Next steps: Public Works and Parks staff will return with a site recommendation, maintenance and installation plan, and legal/risk advice; the board asked staff to clarify which pond the resident meant before final approval.