The list of the residents forced by the City of HP to pay more than $237,000...

In response to yesterday's blog, we were contacted by several people who asked questions such as "how do I know whether my parents had to pay and need reimbursement?" and "how do I know whether, or how soon, the City of Highland Park will send me 'the letter' demanding payment?"  Additionally, another reader wanted to know who the people are that already paid, and how much.  In essence, the question is, who are the people who have already suffered this financial injury and are they friends of mine?

We can't say when the City of Highland Park will take the Sewer Program off of "hiatus" and put it on your street again. We can only say it remains a viable program, one that Councilman Mandel recently referred to as "huge success."    We haven't heard anything from Mayor Rotering or any other councilman to confirm they will propose to terminate the program "as is" and take another look to develop a program in which the financial burden for improving City infrastructure is placed on the City.  So, it appears more likely than not, at this time, that the Sewer Program will raise its ugly face sooner rather than later, and, individual residents will continue to bear the burden of improving the community's infrastructure.  

EVERYONE who has ever had their sanitary line rodded for tree roots, or who should have this done, is at risk of getting "the letter" that will most likely cost you a minimum of $4,500 for a line on a small lot to $20,000+ for larger properties with deeper lots.  The definition of a broken sanitary lateral line in need of repair, according to City Hall, is any line that has ever been rodded for tree roots or that has tree roots. Given the fact that Highland Park is a Tree City and our parkways are usually beautifully planted with trees, chances are that you will eventually receive "the letter."  When?  Probably when it is least convenient for you, such as when you're selling the house, or you're ready to pay your children's tuition, or you're just about to retire.

Of course, you can prevent this scenario by contacting Mayor Rotering and all the Councilmen and telling them in no uncertain terms that this must stop -- that the  City must pay for improvements to storm and sanitary sewer infrastructure.

The group first targeted in the Sewer Program is revealed in today's blog in the Invoice List the City of Highland Park provided to us in response to the FOIA request.  (Finally figured out a way to post some documents on this blog.  It will be too small to read initially, but if you click on the page, it will expand, with a further opportunity to zoom in on it.)

You'll see friends, neighbors, former neighbors, maybe family, and see how residents were chosen from various neighborhoods.  It's hard to know why an entire neighborhood wasn't addressed at any time -- perhaps it is easier to shove "the Code" down residents' throats if you don't concentrate them into a viable group.

In talking with some of the people on this list, we've found people who have said "why did they choose my home, but not the home down the street where they have to use special toilet paper because their sanitary line is really broken?"  They think the other home has been entirely skipped. To which we reply,  the neighbor just wasn't targeted in this wave.  The City will be back for them.

Did the City choose a handful of residences in one neighbor and then a handful of residents in another neighborhood, rather than just improving a single neighborhood at a time, in an effort to "divide and conquer" the residents?  We really don't know, as we haven't seen any documentation, nor has anyone interviewed City Hall about this.  Unfortunately, we suppose it is possible...perhaps time will tell.

The huge financial burden unfairly placed on Highland Park's older residents...

This blog isn't just about the Master Plan for Storm and Sanitary Sewers. We're talking about real people here -- the residents of Highland Park, adversely impacted by it.  It's about our neighbors, friends, parents, our greater family.  It is about about doing the right thing, and making changes in Highland Park that are good for everyone -- fair for everyone. It's about achieving equitable solutions for the community.  So, let's look at the 46-50 families targeted by the City as the first victims of the Sewer Program (merely on “hiatus”).  If you're new to this blog, this is an inequitable program that put the economic burden on individual residents to pay for improvements to the City of Highland Park's infrastructure -- while other communities, like Downers Grove and Naperville paid for similar programs from their city's coffers (see the AECOM report).

As you may recall, the City of Highland Park (in response to a FOIA request) provided us with an Invoice List of all the residents who were charged and paid HP for “repairs” to their sanitary lateral line in 2008 (the only year that the City actively implemented the Sewer Program). In trying to contact these people and confirm their addresses, we turned to www.whitepages.com.  This site delivers more information than most of us would like – it provided an age range for each search.  So, some informal demographics were gathered in this process, based on limited available information.

Approximately 50% of the people who have paid to date are or were 60 years of age or older.  Indeed, nearly 25% of them were over 70, and, we're sad to report at least two of them, aged 85+ years of age, have died since, leaving widows. 81% of them are older than 50 years of age.  So, let's just say that the targeted residents are in, or are rapidly approaching, their retirement years.  Everyone really needs the money they were forced to part with...and it remains insensitive for Mayor Belsky to claim that the program was put "on hiatus" because the economy took a bad turn.  Talk to any of the people who paid in 2008 and they will tell you the economy was bad when when they paid -- and nobody at City Hall cared.

It further appears that more than 15% of the people moved since paying the City, with two of them formal foreclosures, perhaps precipitated by being forced to pay the City of HP for “repairs” on their private property that they did not need. 

Several people called to thank me for my efforts, the stories they told painted a sad portrait of residents dealing with an unresponsive City Hall that refused to listen to the residents and demanded payments, claiming that the City Code required them to pay for this.  As reported in this blog previously, one of the residents told me distinctly, “They had my back up against a wall, what could I do, but pay?  But I didn’t think it was right.” 

 

A woman called and said she was a "late-in-life" mother, sending two children to college.  The $5000+ she paid is much needed.

Of course, there is the one individual (and you have to read through all the comments on the linked page to identify him) who believes the program is good, thinks he should have paid, thinks you should pay in the future, but (oh, by the way) wants his money back if the City agrees to reimbursement.  To him, we say, if you like paying for repairs to City infrastructure in the thousands of dollars, as opposed to paying a few dollars a year on your taxes, we should just let you remain happy! 

For the everyone else, the face of HP’s City Hall is that of a bully pushing around senior citizen residents, forcing them to pay for something they don’t need, and with money they do need in their retirement years.  “The Code requires you pay, or we will file an enforceable lien against your property.” What can the average resident do when City Hall is telling them this?

I've news for Ctiy Hall.   “The Code” does not require that residents use proprietary technology.  “The Code” does not require residents to use the contractor you select (and we’ll probably never know how Mr. Limardi’s office selected a single source provider, Performance Pipelining, over every other plumbing company in Highland Park, nor why this very same contractor ceased to do the work...).  Further, “the Code” does not require residents to sign an indemnification to protect the City's contractor or the City for the work done at your direction, or your neighbor for the work done by the City's contractor, and it doesn’t require you to fix a sanitary lateral line that isn’t broken and is functioning.  Of course, if City Hall would care to post on this blog "The Code" that requires this, go right ahead...go on record and try to justify the poor decisions of the past.

These residents were bullied and pushed around by City Hall.  City Hall needs to pays them back now, and if they don’t do it soon, with interest.   And, for those of you who haven’t faced this treatment yet, don't assume it isn't your problem. It’s in your personal interest to ensure that the program is taken off of “hiatus” immediately and put down.  If revived, don’t think they passed you by, just because you weren’t in the first wave.  Every house in HP has its sanitary lateral lines rodded from time to time.  They will be waiving “the Code” at you soon enough…

Is the new boss, the same as the old boss?

As readers know, on June 22, 2011, I wrote to Mayor Rotering and every City Councilman concerning repeated requests to reimburse approximately 45 residents for payments made for unnecessary repairs to their private property.  These residents paid the City under coercion, for a Sewer Program that is likely to be entirely revamped and/or discarded and which was very inequitably applied to these unlucky residents to their great financial distress.

While I would prefer to see more comments posted on this blog, and the ones posted, even this week, can be a bit difficult to find based on the Google template, you may be interested to know that more than several people have written and/or called the Mayor's office in the last several weeks to request reimbursement and to express their frustration at how they have been treated by the City.  I am starting to receive phone calls from these people who leave messages at my home complaining that no one at the City responds to them.  Not our new mayor, and none of our new and current councilmen.

So, it shouldn’t surprise anyone that nearly two months later I also haven't had a reply yet from anyone (unless an e-mail or letter has gone missing). Nor a phone call.  This should be very disappointing to all, not just me.  Resident raises serious and complicated issue to City Hall and nearly two full months pass with no response, no inquiry to learn more.   

Kinda looks like the old City Council.  In the words of Pete Townsend, “meet the new boss, same as the old boss”?  Hope not.  Wasn’t this last HP election about CHANGE?!

In fairness to Mayor Belsky, he always replied, eventually -- probably the amount of time it took Dave Limardi to consider it worthy of his time and to put it on his desk for reply (or to assign it to someone, followed by his and corporation counsel’s review). Then you'd get the "big official letter."  There was never any dialogue.  To actually pick up the phone and talk with a resident about a challenging and complicated issue -- well, that would be, let's just say, too personal for that administration.  And, evidently, it is the same for this one.  

Actually, I wasn’t hoping for a big official letter response.  With so many new people on City Council, I was hoping for a call – something along the lines of “I'm a new councilman and don’t know much about this issue but would like to get your perspective.”  I must have been dreaming…

So, today, I wrote everyone on City Council and requested a meeting with each, excluding Steve Mandel because it appears his mind is absolutely shut on this issue and no one likes to waste her time.  If the invitees agree to these meetings, it will be very time consuming for me, but when it comes to trying to right a wrong, sometimes one just has to make the time. LET'S NOT FORGET THAT VERY REAL PEOPLE WERE HARMED BY THE CITY ACTIONS.  Perhaps these meetings can be bundled, with more than one City Councilman at a time.  (I believe up to three members of City Council can be in the same room at the same time without triggering an official meeting, but they know these responsibilities better than I.)

My first response was extremely prompt and from Councilman JamesKirsch, whom I just now learned goes by “Jimmy.”  I really appreciated him responding so quickly to the direct request and we’re already scheduled to have a phone conference later this week.   Thank you, Jimmy!

We’ll see about the rest – I look forward to reporting on this endeavor further.  In spite of all, I remain hopeful that the current City Council might actually look at this issue anew. 

A new city manager for a new mayor...

So, Dave Limardi has resigned. The Highland Park Patch reports that his resignation is effective January 1 as stated in his letter to Mayor Nancy Rotering and City Council.  He has held the position for more than 18 years and everyone will acknowledge that he has been a strong manager.  Some might say, too strong, although others might say that certain mayors and city councilmen were just too weak.  His leaving will make many glad (no more "Limardi-goo" as some have called his approach to working with the City) and some will miss him.  He has helped some, ignored and harmed others. We each have our own perspective, all of which is credible.  How we ultimately view his term in HP depends on how much contact we had and what the outcome was.

Praises, genuine and disingenuous, have been and will be heaped on Mr. Limardi.  It is likely that both former Mayor Mike Belsky and Councilman Jim Kirsch's praises are sincere.  They worked closely with Dave for more than a decade and relied on him -- far too much, which is one of the reasons that the Master Neighborhood Storm and Sanitary Sewer program was accepted and, ultimately, repetitively defended, by City Council.   It cost one exceptionally fine councilman -- Mike Brenner -- his re-election, and Terri Olian her election in the recent mayoral race, although even Terri may not recognize this.

Steve Elrod's praises in the Patch?  Dave's been authorizing the checks to Steve and his law firm, Holland & Knight, for a long time, so Steve's praise is likely genuine. Most of us like the people who have ensured our success.

What about Mayor Rotering's praise? “Dave Limardi has served our city very well during his 18 years on the job...His professionalism and thoroughness as well as his creativity have given us a tremendous foundation and continuity.”

Shall we chalk this up to Mayor Rotering's good political behavior? Sensitivity to Mr. Limardi's feelings? Legal concerns? There must be hundreds of us who opened our doors to Nancy when she running for councilman and, later, mayor, who heard her voice her opinion that Mr. Limardi was a big problem in working with the City of HP and had to go.  Shall we now think that Mayor Rotering has lived up to one of her campaign promises, or did Dave Limardi just decide he didn't want to work with her and resigned, or was it just time for him to pursue new opportunities?  Is it important to know the reality?

It only matters if you're interested in seeing Mayor Rotering live up to another one of her earliest promises -- to terminate the Master Neighborhood Storm and Sanitary Sewer Program as we know it. More than two years after becoming a councilman, and several weeks after my letter to her to request reimbursement to residents who paid (it now appears more than) $250,000 (in the aggregate), we've yet to hear Nancy Rotering officially confirm that, as Mayor, she supports the elimination of the program (as designed by Dave Limardi) and will work to effect a reimbursement to the residents who were treated so poorly and inequitably by the City of Highland Park.  As you see, David Limardi's exit is meaningful to 47+ families who paid substantial sums for that ill-conceived program, who complained to him throughout the process, and whose complaints fell on completely deaf ears.  It should be meaningful to the thousands of other residents who will be subject to the sewer program and who are at risk of having to pay $4,000-$20,000.   We still are waiting to learn if Mayor Rotering is listening and responsive. I remain hopeful...

We are judged by many measures.  David Limardi will leave the City of HP in sound fiscal shape, at least based on the recent publication of the City's budget.  This is no small feat and, while the Mayor and City Council sets the budgets, Mr. Limardi has proposed them and carried them out.  In this economy, that's good, if not great.  A well done for that net result, and a hearty pat on the back. Thank you, David Limardi, for that.

However, in my family, we will remember Dave Limardi more for times when he and his staff showed complete disregard for our complaints and concerns.  Regardless of any organizational charts that he would frequently share with commissioners in which he'd show the City Manager reporting up to the residents, David Limardi managed in a way that the residents had to report to him, and he was up on high...

"They had my back up against a wall..."

It's been a busy summer in Highland Park.  Between work and the week without electricity (spread between three outages in June and July), there has been precious little time to keep up with the blog.  Still, the community outreach continues.

Last week we wrote to the first series of residents coerced into paying for the unnecessary "repairs" to their lateral sanitary sewer line. This week we began to hear from them.  To a person, each one has said that they paid for these "repairs" because they were forced to do so by the City.  Some even used the word “threatened.” No one knew the reason for why the repairs were required - all had asked the City.  Some people specifically referred to poor treatment received from David Limardi's office and Mary Anderson, director of Public Works. Some highlights of what some said:

“Your note reminded me that I had explicitly asked for information on what was the nature of the defect, why the video results necessitated the work done, etc., etc. I was pretty much ignored and upon threats of greater charges I selected the payment option.”

“Hopefully the new Mayor will be more responsive.”

“What could I do?  They had my back up against the wall.  I was selling the house and they were demanding payment. I had to pay.”

“Ravinia wasn’t the only neighborhood that protested.  We protested in the Highlands.  We had meetings in our homes…we even had a lawyer who joined us.  And we met with the City. No matter what we said, they didn’t listen!”

“Over the past three years, I’ve called the City to find out the status of this program.  They tell me it is on vacation because the economy is bad.  Well, the economy was bad three years ago to, but they made me pay.  Why should I pay when no one else has to?”

Really.  Quite a sad story.  Welcome to Highland Park.  The place where City Manager David Limardi ignores your questions and complaints and, worse, yet, threatens you with liens and higher payments for the same service. 

And, one more thing.  We were quite shocked to learn that there was a group of residents in the Highlands who protested the Sewer Program before Ravinia did. Hadn't heard this before.  Also, as readers may recall, we requested documents from the City of Highland Park pursuant to a Freedom of Information Act demand concerning any correspondence from the residents about the Sewer Program.  Did the City improperly withhold information?  We’ll have to explore that question together.

All to pay for sewer lining when home is sold? Outrageous!!

Again, trying to keep everyone up to date, following is the response received from Steve Mandel to the previous correspondence. Perhaps the most important thing to note is that Councilman Mandel continues to put your savings at the core of repairing City of Highland Park infrastructure.  Highlighted below, you'll see that one of Steve's "solutions" to our complaints is that the residents be forced to pay for sewer lining upon sale of their homes.  Pay now, or pay later.  You'll be paying, and, most likely when you're most vulnerable, needing to sell.  And, imagine the impact on our already depressed real estate market.   Friends, neighbors, you've got to speak up, now!

Please remember that for most of us, there is nothing wrong with our sanitary lateral lines -- our plumbers come out and rod them from time to time to remove tree roots.  They don't suggest replacing, repairing, lining, because they know that no liner will ever withstand a tree root -- and, believe me, your plumber would love to tell you that you need an expensive repair, if you really needed it for your household or if your sanitary line was invading a neighbor's property.  That simply isn't the case and I've discussed this with my plumber.

This is an HP infrastructure problem, a matter of how HP storm sewers function and impact on our property and, yes, interface with the sanitary lateral lines.  Councilman Mandel and the rest of City Council need to focus on managing the HP budget to take care of infrastructure issues and not pawn them off on residents who already pay high taxes specifically for such things. 

And, to anticipate Steve's response that everyone won't have to pay for sewer lining, just the homes with "broken" sanitary sewer lines, just remember, the City's definition of broken is whether the line as ever been invaded by tree roots.  In HP, as a Tree City, almost everyone has had tree roots at one time or another.  Open that checkbook! 

June 23, 2011 

Steve Mandel to Debra Rade

e-mail

Debra,

Again, the work that was done on the sanitary sewer program was with unprecedented subsidies, a low interest loan provided, and the a negotiated price with one contractor offered to everybody through the fine work of our staff. 

While many other residents through out the city have repaired or had to install brand new sewers on their private property over the past 20 years, none of them had the costs reduced and subsidized as we did in this program. We went the extra mile to help you comply with the law. 

The fact that we could change policies and laws in the future does not mean that old policies were bad or I'll conceived, it just means that we might try a different approach and change the policy.

As you know, I had proposed we change our policy in Ravinia and look for other ways to accomplish our goals... That does not mean that people with broken sewers would not be required to fix them. It could mean they are required to fix them upon sale. It could mean more or less participation from the city....  There could be new technology to change outcomes that could facilitate a change in policy.

The bottom line here Debra is that the city council made the decision they did with the communities best interest in mind and it was not a mistake. Policies and laws have changed quite often over the years but I have never recalled us refunding money for private repairs due to policy change. 

Economics have hurt all of us over the past 3 years and the idea to not stress our residents at this point in time was a change in policy that was generated by the change in Economics. I would be very surprised to see any current or future City Council refund public money to you for work on your private property. As a matter of fact it could be illegal and I would think extremely unlikely.

You can share my words with whomever you wish... As a matter of fact I will probably write about this matter in my blog and send it to the 1000 people on my list for their feedback. I don't fault you for your advocacy but I am troubled by the tone of your past rhetoric and claims of some wrong done to you by our city. 

We will continue on refining our policies and laws to fit the time, technology, and our priorities. Our consideration of our residents individually and as a whole will always be foremost on our minds......  

Steve

Do the right thing. Reimburse the residents. Now.

For those of you waiting with bated breath for my response to Councilman Mandel's reply to me, posted earlier today, it follows here in whole.  Frankly, it was great to get a reply from Councilman Mandel -- it was the first time we heard from him on the issue, even though my brother was writing to all the Councilmen in City Hall on the subject since 2007!  At least we now have a better idea of where he stands. 

Please do take the time to read Councilman Mandel's reply.  Now is also a good time to let him know your opinion. He is our elected representative...

As always, your comments are most welcome. 

PS  This will be my last posting today.  New blog posting will resume on on Sunday, when I'll post Council Mandel's response to the following e-mail.  Yes, there's more.  Will try to keep you up to date. .

Sent: Thu, Jun 23, 2011 4:22 pm

Subject:  Reimbursing Residents for the Failed Sanitary Sewer Program

Dear Councilman Mandel,

First, thank you for taking the time to reply as a Councilman to my letter to Mayor Rotering, copied to all City Councilmen.  It’s good to see our elected officials articulate their positions. 

Please be assured that the statements in my previous letter concerning your position on the Master Plan for Storm & Sanitary Sewers (“the Sewer Program”) was based directly on your own communications with my family.

In August 2007, my brother, David Rade, wrote his first letter in a series of letters/e-mails to Mayor Belsky, with copies of all to City Councilmen, to complain about the Sewer Program, particularly with regard to the inequitable treatment of residents, the extraordinary cost, the coercion by lien, the demand that residents agree to undefined repairs with undefined expense, the requirement they provide indemnifications to the City and to the contractor and their neighbors for work done solely at the City’s direction, with the City’s contractor, etc.  Frankly, there were so many flaws to the Sanitary Program and the manner it was implemented, so many insults to residents, and callous disregard for them, that it would take too long to cover it all here.  You and the rest of City Council, particularly the new Councilmen, can easily access the history through the Mayor’s and David Limardi’s office, and some of that correspondence and relative facts are posted on the Down the Drain in HP blog.

Throughout nearly four years of correspondence, only Mayor Belsky and former Councilman Mike Brenner responded in writing.  Only Mike Brenner, and much later, Nancy Rotering, called David to ask questions about his letters, to demonstrate an active interest, and approached his correspondence with an open mind, in learning how this single resident viewed the program. (We did not know then how many others had also complained to David Limardi’s office, their complaints also falling on deaf ears - needed a FOIA search for that.)

I believe David’s last e-mail to Mayor Belsky, copied to all, was on October 27, 2010 (see attached PDF).  Only after three years of this series of e-mails sent by David to the Mayor and Councilmen, did you finally send David a response -- on October 30, copied to David Limardi and Scott Levenfeld only, as follows:

“David,

Nothing is a no brainer…..No. 1-- just because I oppose this continued program does not mean it is public or Council  policy No. 2—just because we change public policy does not mean it is retro active.

 If that were the case my parents should get back the money they paid for a public street being paved (Ridge Road). That is also not our policy anymore for us improving arterials……. and that was a public improvement, not on private property.

Now, I say all of this because I am 100% behind the policy change but I am not sure about your second request for reimbursement….. Don’t fry me yet since I have not vetted that issue.. but is far from a no-brainer to me.  Hey, I also finally got my taxes reduced from them doubling them but that did not save me from the years I was unfairly taxed… Can I hire you to get that reimbursement?

Call me if you want to talk further.
Steve Mandel
847.456.6933”

If you are unhappy with what I wrote, look to the response you sent to my brother, who has been working diligently for three years to gain reimbursement for all the residents of Highland Park, including himself, while City Council ignored him and other residents who had complained.. Frankly, you responded with a “life isn’t fair” type response to a resident on mission to ensure that all residents are treated appropriately and fairly.  We’ve always expected that HP Councilmen are on that mission too in making our voting decisions.

Yesterday’s response will be shared with others interested in this issue.  Many of them remember you running for election the last time, promising that you were not supportive of the Sewer Program. Three years later, nothing has been done. Indeed, most residents in Ravinia thought the program was dead and were shocked to learn it was merely “on hiatus.”  They will be interested to learn that you believe the program was a “huge success” and that, even if it isn’t, your position is that the 45 unlucky targeted residents for 2008 should pay for an expense that thousands of others will not have to pay, except in increments of less of than $10.

Just yesterday, I received an e-mail from a highly articulate Ravinia resident encouraging me to point out to City Council that:

·         There has been no quantitative measurement of success for those neighborhoods where the program has been implemented;

·         The City has not sought additional/alternate funding sources to pay for the Sewer Program (if the City decides to move ahead with it), as promised by David Limardi at the public meetings of irate residents at the Public Works building; and,

·         It does not appear that the City has changed the way in which it handles improvements to the main and lateral junctions for current infrastructure projects, potentially damaging the very laterals the residents are then asked to improve.

Huge success?  Maybe Mr. Limardi, former Mayor Belsky and you think so.  If anyone else on City Council thinks so, he should let me know, preferably in writing, so I can share it on the blog and with the interested residents – or, better yet, they can post their positions directly to the blog.  We need to hold our Councilmen accountable.

Finally, I suggest you take the time to read the AECOM report, attached. It may help you understand the technical issues as well as options considered by other communities.  Frankly, a report like this should have been required by City Council before the Sewer Program was voted on.  In any event, the report is actually issued by the same folks who helped Mr. Limardi design the Sewer Program in the first place.  After the public meetings with the RNA, the City agreed to get a third opinion.  This hardly qualifies as an unbiased opinion, but you will find that, as stated in my previous letter, it is a useful document and notes that  no other community in Northern Illinois forced individual residents to pay for this.

I hope that all the new members of City Council will look at these issues with fresh eyes, and not just rely on Mr. Limardi and Mary Anderson to explain it to them – they certainly didn’t do a good job of it when questioned at the Public Works meetings set up for the RNA in 2008.  Also, I am available to sit down with you and the others at any time  to talk about the Sewer Program. 

In any event, the issue of reimbursement is quite separate.  The City of Highland Park NEVER should have required individual residents to pay for unnecessary “repairs” to their private property to address a City infrastructure problem. The residents should have their payments refunded immediately.

Your e-mail response notwithstanding, this is not a personal matter with you.  Our family is among your constituents.  Your constituents need to be heard and represented.  This is important City business.  I certainly respect your contributions to Highland Park and your long service on the City Council.  This is a single issue that continues to deserve your reconsideration and all the good work you’ve done does not detract from the fact that you’re very off base here.  Do the right thing, reimburse the residents, now, with the new found money in the reserves.

Respectfully yours,

Debra

PS  With regard to your parting and unnecessary comment that I should run for office if I want to change city policy:  It is your job, as Councilman and oft times Mayor Pro Tem to listen to your constituents in setting appropriate city policies and laws.  My brother has done an extraordinary job of fighting for equitable treatment for all, and I've been proud to support him in doing the right thing. It is a shame that either of us and the Ravinia Neighborhood Association has had to work so hard and so long for such little success with our representatives.  Three years after the two meetings with the RNA, three years after promises were made and not kept, nothing has been done to address the underlying issues other than place them "on hiatus."  Steve, I'm doing a good job of being an constituent.  I'm looking for you and the others to change the policy and to do the right thing.  That's your job, you know that...

Councilman Mandel: Sewer Program a "Huge Success"

Haven't heard back from Mayor Rotering yet, although am confident she will reply in due course with her considered response.  I remain hopeful that she will live up to her campaign stances.

Meanwhile, Councilman Mandel responded promptly, on June 22, copied to City Hall and the others on my initial list.  His response is provided in full, without comment. Wishing to avoid you having to read too much in any one sitting, my response to this e-mail will be provided later today.  

In the meantime, please provide your comments directly to the Mayor and your City Council representatives, hopefully sharing your comments with us on the blog.  If necessary, the blog will publish comments anonymously, but only if you provide us with your name and address and we can verify you are a "real resident" here.  There may be some who fear commenting on this issue publicly, especially from the many who do, or wish to do, business with the City.  Nonetheless, their voices should be heard...

E-MAIL FROM COUNCILMAN STEVE MANDEL TO DEBRA RADE, 6/22/2011

"Thank you Debra for representing my position of why I am opposed to funding…NOT! My parents are not the only folks over the years that have been made to pay for public improvements. There have been thousands of residents that helped build the PUBLIC streets that we all drive on.  I do resent your tone on suggesting that my logic is based on a personal matter and find it extremely offensive. You could not be more incorrect. I spent countless hours on this issue working for resolution and you have a lot of nerve writing off my opinion on a personal note….

Now, YOU’RE not even asking for reimbursement of a public improvement that is owned by the City of Highland Park. You are asking for reimbursement of a PRIVATE line that was leaking and causing back up in other people’s homes because of massive water infiltration that was overloading the lines from broken pipes like yours. And many folks in Sherwood forest (many more that 45) spent money on their laterals and private lines due to flooding issues without the city subsidy that you received.

Even though I personally requested we put the program on hold and asked that we look at changing our policy, the policy which caused you to fix your broken sewer line was the opinion of the entire council without one no vote. This decision was based on factual data presented by the staff and was enacted to protect the citizens that had basements that were flooding. The City has also spent millions of dollars of all of our taxpayer money in your and other effected neighborhoods. We instituted a master plan to address these matters across the city and continue to have a robust spending policy to deal with flooding.

Finally the program was not a failure, and quite the contrary a huge success since many that were having water issues are now without flooded basements. Sorry you’re so upset but please do not represent my thoughts for me. If you want to change city policy, run for office and see how well your rant is accepted by the voters.

Steve"

Time to reimburse the residents, without delay....

Following is a letter sent to Mayor Nancy Rotering, with copies to the entire City Council, requesting that she take action now to reimburse the 45+ residents who paid $237,046 (in the aggregate) for unnecessary "repairs" on their private property based on the City's threat of lien and other financial penalties.  This blog will keep readers updated with responses.

June 22, 2011

Dear Mayor Rotering:

It was reported last week that the City of Highland Park has discovered it has $1.73 million more in its reserves than had been reported at year end 2010. This provides the City with a final audited reserve of $13,153,861 - a more than ample reserve of 45.6% of its projected expenditures for the current fiscal year. Now is the time to reimburse the 45 residents who paid, in the aggregate, more than $237,000 - and there can be no excuse for delay.

More than three years ago the Rade family vigorously objected to the City of Highland Park about the Master Plan for Storm and Sanitary Sewers (a program that has also been known as the Neighborhood Sewer Program and is referred to in this letter as the "Sewer Program.") This formal complaint to Mayor Belsky, the entire City Council, and City Manager fell, and continues to fall, on largely deaf ears. My brother David's family wrote a check, under coercion and threat of lien, to the City for $4,591.53. It was so marked. However, starting in November 2008, when the Ravinia Neighborhood Association (RNA) stood up to David Limardi, Mayor Belsky and the whole of City Council in public forums, their voices were heard and more effective. We thank our neighbors in Ravinia for taking an active stand against this patently inequitable, ill-conceived, and financially destructive program.

No one in City Council should understand better than you how poorly conceived this program is.  It was this issue that began to propel your own political career in Highland Park. You became a vocal opponent of the program early on, attending the public forums and speaking out. Your opposition to this program was an essential part of your platform in your successful races for your seat as a Councilman and later as Mayor. Yet, after you were elected to City Council in 2009, and now as mayor in 2011 , it seems this issue remains under the sewer covers, without an advocate. It is time for you to take action and resolve, once and for all, the Sewer Program that, according to former Mayor Belsky, has merely been on "hiatus" waiting for a better economy (and, can there ever be an economy in which individual residents can afford to pay $5,000-$20,000+ for unnecessary "repairs"?).

More importantly, it is time to reimburse the 45 residents, including some former residents who were scalped before they sold their homes, who were coerced into paying, in the aggregate, more than $237,000 for unnecessary, questionable "repairs" to lateral sanitary lines on their private property.

As you are familiar with the issue, I will not detail all the facts and issues here, other than to remind you that the Down the Drain in HP blog covers the whole saga. In addition to the serious fmancial harm done to those who have paid up to $12,000+ for sewer lining really intended to benefit City infrastructure problems, there is the continuing issue that homeowners in Highland Park should be disclosing this very real potential financial liability whenever they attempt to sell their property which should seriously further depress the City's real estate market. Any homeowner who has ever had their sewer rodded will need to inform a potential buyer of the City's current Sewer Program and that the real estate may soon incur a substantial expense.

Please let me know as soon as possible what action you will take to ensure that the 45 residents are immediately reimbursed for their payments to the City of Highland Park in 2008. I assume that most of the residents would accept repayment in full now, without seeking appropriate interest, even though the City as part of its initial coercive plan had threatened to charge homeowners interest for failure to pay. Additionally, what is your schedule for removing the Sewer Program from its "hiatus" and terminating it, as well as designing an appropriate program to address flooding issues?

We're looking to you, as Highland Park's new mayor, to finally do the right thing. While you told everyone at the RNA meeting at the Ravinia Train station during your race for the office that you will only be one voice among many councilmen, we look to you for some true leadership.

Respectfully yours,

Debra S. Rade

Copies to: City Councilmen, David Limardi (City Manager), Donald Miller (President, Ravinia Neighborhood Association)

(It should be noted that the sum of$12,000 is referenced based on the HP list for 2008 that HP provided to me in response to a FOIA request. I have heard from others, not on the list, that they have been required to pay sums of up to $20,000.)

City finds $1.73 million but still hasn't reimbursed residents $237,046

The Highland Park Patch reported “good news” this week. Seems Highland Park has found some real money. At the last City Council meeting, it was disclosed that the Comprehensive Annual Financial Report – Highland Park’s audited financial statement for 2010- revealed that HP had a larger fund balance than projected. Instead of the $11,423,899 projected (or was it reported), the final audited amount was $13,153,861 according to Finance Director Elizabeth Holleb. So, what does this mean?

That’s a “finding” of $1,729,962 that HP unintentionally didn’t spend last year. According to the report, the unreserved, undesignated fund balance in the general fund at December 31, 2010, “represents 45.6% of the 2011 general fund operating expenditures, exceeding the City’s policy guidelines set by the Council for budgetary and planning purposes.”

Yes, in general, it is mighty good to find an additional $1.73 million in your purse. Pretty soon, you’re talking real money… Yet, this also begs additional questions and raises a fine opportunity for the City of Highland Park to correct a terrible inequity it foisted on certain residents.

Let us not forget that 47 HIGHLAND PARK RESIDENTS PAID $237,046 TO THE CITY OF HP UNDER COERCION for unnecessary "repairs" to lateral sanitary sewer lines performed on their private property to address City infrastructure problems. Let us also not forget that these residents allowed this work to be done only because of coercion and threat by the City, and that the Master Neighborhood Sewer Program still exists and could be assessed against other residents at any time. The residents who paid need to be reimbursed (unless you talk to Councilman Steven Mandel who is clearly on record as being unwilling to do so) and the good news is that the City of Highland Park just found the money pay them back and still retain $1.5 million in its coffers from the new found money!

During the recent mayoral elections and 2011 budget discussions, former Councilman Terri Olian raised the possibility of repayment to these residents but questioned how and when the payments could be made without adversely affecting the budget. Candidate Nancy Rotering, now Mayor Rotering, when asked about reimbursing these residents, told the group at the Ravinia Train Station that while she was supportive of reimbursing these residents, as mayor she would only be just one voice among all the councilmen, that she could not promise reimbursement if she were elected.

Well, Mayor Rotering, you’re elected, and in large part due to the support of the Ravinia Neighborhood Association, primarily because of your criticism and willingness to stand up during the fiasco in 2008 and 2009 with regard to the Master Sanitary Sewer Program. Now it's time for you to show real leadership and address this program head on. City Council needs to immediately reimburse these 47 HP residents who have suffered significant financial damage at the hands of City Council, led by City Manager, David Limardi, who ignored everyone’s complaints about the program and pleas throughout.

The good news is that City Council now has “found money” to reimburse these residents and to put this shameful period in this fine city behind us. The City has the funds to cut a check today. Do it!

And, to Mayor Nancy, you were elected to right these wrongs, so we’d like to hold you accountable for getting this done. You need to talk with the councilmen and secure their agreement, at least by a majority, to do this -- that's what leadership is all about. You're not just another councilman now, you're the Mayor!

And, we’ll leave for another day the questions about what budgeted expenses, approved by the City Council, weren't fulfilled to result in a “surprise” net $1.73 million; whether there were any accounting irregularities that caused this budget surprise; how the City’s auditors are selected (as in, do we bid this work out and do we want any City service vendors to have less than 15% women partners?), and other fine questions that arise whenever we’re treated to budget surprises, favorable or unfavorable. Of course, we like the good news surprises better.