Are you on the City's lists...?

Thought you'd like to know that we wrote to the City Clerk of Highland Park yesterday to formally request public records concerning the "Master Plan for Storm & Sanitary Sewers" (also known as the Sanitary Sewer Program). We're looking for lists of all the HP residents who were charged by the City under the Program to date (2007 & 2008) and who were next on the target list (2009 through current). With this information we can start focusing on getting reimbursement for everyone and alerting people about what is about to hit them as soon as the Program goes "off hiatus."

We have also requested copies of correspondence from HP residents who complained to the City, including the Mayor, City Councilmen, the City Manager and anyone at Public Works about the Program. It will be interesting to learn how many of you have been ignored. Can it only be our family?

PS If you ever have other records you're interested in, here's the hyperlink to the City's Request for Public Records, Official Request Form (under the Freedom of Information Act/FOIA).

Your comments...

This blog does get comments from time to time, even from Mayor Belsky, and I'm not sure if everyone can find them. They trail the various posts (some under "archive") and in teeny-tiny Googleblog letters, if a comment was left, there is a place to click to read them. You can also subscribe to the blog and the comments individually directly in the right hand column.

Dan offered a helpful comment last night. "Couple questions: 1) what's the best way to express our concerns to the candidates; and 2) I don't know Steve Mandel so why is it not surprising he wouldn't want to reimburse those who have already paid in?" Dan is clearly a strategic thinker and person of action!

1) Lots of ways to express our opinion thanks to social media and the fact that we're a rather small city.

If you don't want to go through all the technical and other details, you merely need to tell the candidates that you support Debra's position on the Sanitary Sewer Program and that you will not support a mayoral candidate who does not actively work now to fix this situation before the election. They will understand. They will be sympathetic. Tell them that this isn't enough, that you want to see action now.

You can:

• Send a message: Both candidates have Facebook pages: Nancy's and Terri's. If you'd rather deliver your thoughts more directly, Terri's email address: terri@olianformayor.com and Nancy's: Nancy@FriendsofNancy.com. They also have websites.
  
• Call them (I just don't want to publish their home numbers but they are in the book...)
• Talk to them when they visit your home. Nancy showed up at my home a few weeks ago in the cold!
• Let them know when you run into them at Sunset Foods and other stores.

Let the blog know if you contact them and what their response is. If you do not wish to be published, that will be respected. If you need my personal e-mail address, that will be provided if you leave a comment on the blog and request it.

2) Why wasn't it wasn't a surprise that Steve Mandel was a vocal opponent of Terri Olian's brave position at the budget meeting that the Councilmen address the issue of reimbursement in planning for 2011?

My brother has been writing City Councilmen for more than two years now. Until recently, Steve never even responded to those letters. (And neither did any other Councilman, except for Michael Brenner.) In November, Steve finally sent an e-mail in response David's umpty-ninth correspondence that demanded reimbursement.

Steve responded that he is opposed to the continuation of the Sanitary Sewer Program, although for the past two years he has done nothing to place it on the agenda and get rid of it. (Actions speak louder than words.)

However, Steve further told my brother that he was opposed to reimbursing the residents who already paid for this unsupportable Program. Seems that years ago Steve's parents had to pay for Ridge Road being paved, and that they weren't going to get their money back just because it is not the City's policy anymore with regard to improving arterial roads. He ended his e-mail with a something that purported to be an analogy stating that if he (Steve) was able to get his taxes reduced from them being doubled, that would not save him from the years he was unfairly taxed.

I guess Councilman Mandel thinks the City should operate under the principle that "oh, well, life is tough, it isn't fair, get over it." He did nothing to respond to the complaints before my brother and other HP residents were targeted as individual residents, and has done nothing since. And, now, that these targeted residents have been relieved of their hard earned cash (remember, we're talking $5000-20,000) upon threat of a lien for a program he no longer supports (at least in theory), it is no surprise that he opposed Terri Olian when she raised the question of reimbursement. (The fact that he also supports Nancy Rotering as the candidate may also weigh into his vocal opposition at that meeting, but, who knows?)

BTW, we do give Steve Mandel credit for finally replying to my brother's e-mail. Shortly afterward, Nancy Rotering called my brother. Terri Olian and I had a long chat about the issue. There remain three other Councilmen who in nearly three years have never responded once to any of the letters sent to City Hall with copies to them.

You can reach Steve Mandel at stevemandel@comcast.net. He is most welcome to articulate his position in a comment to this blog.

Actions speak louder than words...

Make no mistake. We should not support any mayoral candidate who does not act NOW, BEFORE the election, to repeal the Master Sanitary Sewer Program with regard to requiring individual residents to bear the financial burden for improving the infrastructure of the City of Highland Park. We should not support any mayoral candidate does not act NOW, BEFORE the election, to reimburse the residents who were coerced by the City into paying thousands of dollars for this ill conceived and inequitable City program. Withhold your support until you see real concrete action.

I have had the opportunity to discuss this stance with candidates Terri Olian and Nancy Rodkin Rotering. While Highland Park is lucky to have two such fine, dedicated and competent mayoral candidates, it appears that neither of them will take the requisite action to squarely place this issue on the agenda for a City Council meeting before the election, and to fight to protect individual HP residents from the risk of receiving the City letter requiring them to pay $5,000-20,000 within weeks thereafter. This makes it highly doubtful that either will do anything about it afterward. So, perhaps we need another candidate to step in…

However, as the greatest journey begins with a single step, we should take note that candidate Terri Olian did step up recently at a budget committee meeting and publicly raised the significance of the issue for discussion, suggesting that the budget should include reimbursement of payments to the residents who have already thousands of dollars for repairs to their lateral sanitary lines as required by Sanitary Sewer Program. Terri was formerly in favor of the Sanitary Sewer Plan yet, I believe, she now sees that it had a negative effect on many individual residents - that it is inequitable and the program is unsupportable. It takes a big person to change one’s stance and she showed real leadership to bring up the issue. Thank you, very much, Terri! It was a fine first step and truly much appreciated. Yet, the issue really needs to get on the City Council agenda and you need to fight it there. You should find a lot of people who will support you in that endeavor.

I was not at the budget meeting. Yet, I’ve been told that after Terri proposed the residents be repaid all the other Councilmen were either opposed to reimbursement or remained silent. It was reported that Steve Mandel was vocal in his opposition and that came as no surprise. With no positive support from any other Councilman, Terri is unlikely to fight alone. Yet, if the residents make it clear that this issue is important to them, Terri will listen and act.

I asked Nancy Rotering why she was silent at this meeting. She replied that the budget meeting was the wrong place to bring up issue and, especially, because Terri raised the issue late in the day after hours of work. I understand tired and also that there is a right time and place for all important ideas. But frankly, I don’t think it takes much effort to say, “I agree with you, Terri, and think that reimbursing the residents for the Sanitary Sewer Program should be placed on the City Council agenda, where it belongs, as soon as possible.” I just don’t understand your silence, Nancy, on this important issue.

Silence from all, except for Steve Mandel who is clearly opposed to reimbursing any resident who was forced to pay for this inequitable program. Silence from very same City Councilmen who in the last election assured Ravinia neighbors that they were opposed to the Sanitary Sewer Program. Shocking, unacceptable, and I sincerely hope they will be held accountable and definitely when their terms are up and they look for votes the next time. (Interestingly, Steve Mandel endorses Nancy Rotering for Mayor.)

We should note that Nancy voted against the 2011 HP Budget. In News from Nancy, Nancy articulates the reasons why she voted against the budget, using reserves and increasing taxes. It’s actually a useful report of her analysis of the major budgeting issues and her commitment to fiscal responsibility. However, nowhere in her report does she address the need to ensure that no resident is ever again coerced into paying thousands of dollars for City infrastructure repairs and that those who have been targeted should be reimbursed. Instead, she expresses her concerns about raising taxes by 2.5%. Some residents in Sunset Park and the Highlands paid thousands of dollars for infrastructure repairs. Wouldn’t most of us be happy to pay another $100 in taxes (far, far, far more than a 2.5% increase) to ensure that the City fixes flooding problems without ever showing up at our door and demanding $5,000-20,000 from any of us? A small price to pay...

We need a mayoral candidate that gets the big picture. Wouldn’t it be great if both of our candidates would do the right thing now?

Mayoral candidates, Councilmen, and residents are welcome to provide their positions on these issues and comment on the blog.

As reported last week, we have to explore the intricacies of sanitary sewer programs once again. Not because most of us are particularly interested in such sewer repair, nor do we have time for it, but because the Mayor, City Councilmen and the City Manager have not been doing their job of looking out for us on the Sewer Program.

So, as we get into the muck once again, let’s see what's new since we met at the Public Works building in 2008...

It shouldn’t be a surprise to learn that Highland Park isn't the only city to have an aging infrastructure. We asked for information about this at the meeting at the Public Works but no one could provide an answer then about comparisons with other communities. According to a report submitted to City Management in JULY 2009 by AECOM:

"many municipalities in Northern Illinois and the rest of the county are reducing inflow and infiltration (I/I) by implementing programs to repair sanitary laterals along with sanitary sewer mains. These programs vary from I/I identification only to full repair programs on private property. Determining factors for implementing a program includes lateral ownership and funding sources."

So let's look at Downer's Grove, today's example of how another community handles the sanitary lateral line infrastructure needs per the AECOM report:

"property owner owns sanitary lateral up to the mainline sewer. The Village targets selective neighborhoods for lateral inspections and repair if necessary. The Village then pays for any lateral repairs…”

Hmmm. Downers Grove Village management knows where to place the financial burden for infrastructure. The City of Highland Park doesn’t. Amazing!

AECOM provided other examples of communities who pay for repairs to laterals or who develop other funding mechanisms for it. Yes, they also point out other communities that require individual residents to pay for sanitary lateral line repairs, but let's just say for now that if you want to move to a community that forces individual residents to pay for repairs, you can move to Austin, Texas.

A couple of other thoughts today…

• The AECOM report was issued to the City in July 2009. Why is the Sewer Program "on hiatus" until an undetermined time in 2011 for budget discussions? There is enough in this report to know that many other communities do NOT require individual residents to pay. How much time does it take for the City Council to say "we'll fix the sewers but without targeting individual residents to pay"? That’s a 15 minute agenda item, especially when so many HP Councilman sought our votes based on their opposition to the Sewer Program. It is is nearly two years later and they have done nothing but put the program on a hiatus!!!
  

o City Council can leave the budget discussions to 2011 to determine how the CITY is going to budget for these improvements, but the Councilmen should go on record now and vote to eliminate the provision requiring individual residents to pay and to reimburse the residents who were previously coerced into paying.

• If the City had the AECOM report in July 2009, why didn't they provide it directly to residents who had complained? Even if they didn't know everyone who attended the SRO only meetings at the Public Works building, they certainly should have provided this info, in a timely way, to the people whom they knew and who were easily accessible and we could shared with others.
  

Finally, this blog allows for comments. The Mayor (who had previously posted a comment prior to this second round on the Sanitary Sewer Program - thank you, Mayor Mike!), Councilmen, and City management are especially encouraged to provide comments and go on record with where you stand. All readers, whether you agree or disagree are encouraged to join in the dialogue.

Withhold Your Support for a New Mayor Until...

Did you know that we’re still down the drain in HP? News to you?

Many of us, especially those in the Ravinia neighborhood, believed that the “Neighborhood Sanitary Sewer Repair Program (‘the Sewer Program’)”was D-E-A-D. Seems we were misinformed, misled. It is very much alive and Mayor Belsky has reinforced that the program has “merit and benefit” to the City. He has indicated that the Sewer program is merely on “hiatus during the economic downturn” and that is will be “discussed in the 2011 budget workshops.” Not dead at all. Alive, kicking and waiting to impolitely knock on your door to demand $5,000-$20,000 of your own savings. If you don’t have any savings, you can either get a loan for it (assuming you are credit worthy in this fine economy) or the City will place an enforceable lien on your property. If you just bought your house in HP, or are just about to sell it, that doesn’t matter (except you better disclose this liability as a seller). That’s the way it is going to be, for sure, if you don’t take action now to stop it.

We now have a unique and strategic opportunity to make things right and conclusively. Mayor Michael Belsky has decided not to run for mayor of HP again. I’m sure we’d all like to thank Mike for his dedication throughout his years of service to this community and some of the extraordinary achievements of the City during his leadership – but this would not include his continued support of the Sewer Program.

With Mayor Belsky’s decision not to run for re-election, we have an opportunity to draw a line in the sand and to tell our mayoral and City Council candidates that we will simply not support or vote for any candidate unless he or she takes a firm and vocal stand against the Sewer Program in its present form that requires individual residents to pay (in any proportion, in whole or in part) for work on their own private property sanitary lines to correct and/or compensate for HP infrastructure problems.

This City must find another way to pay for the infrastructure improvements. The burden simply should not have been placed directly on certain individual residents. From the outset, this was an awful recommendation by the City Manager in complete and total disregard of the impact on the individual residents. It was inexplicably adopted by City Council compounding the error in judgment.

Additionally, you should require your candidate to officially support and deliver reimbursement to the HP residents who have been treated so inequitably by the City and the Program and who have already been coerced to pay sums of approximately $5000-$20,000 during the worst economic environment most can recall.

By the way, if you have ever had your sanitary sewer line rodded, that is considered by the City to be prima facie evidence that you will be liable to pay for “repair” of the line under this Sewer Program (and don’t you think you need to disclose this to any home buyers?). They will knock on your door.

If you haven’t been already, you’ll be contacted soon by candidates to seek support. Don’t give it until you receive a firm commitment to correct this problem and terminate the Sewer Program with regard to individual resident payments. So far, according to the Pioneer Press, the only declared candidates are already in City Council, so require them to take action now. No need to ask for commitments and wait for the election. Seeing is believing. Tell them to put the matter to a vote now. See who votes, how they vote, and what their leadership talents are. Let’s not forget that in the last City Council election certain candidates represented to us that they were opposed the Sewer Program – and you know who they are. What action have they taken? None. Zip. Zero. Remember this for future elections.

Indeed, only former City Councilman Michael Brenner responded diligently, respectfully and with interest to my brother’s complaints to City Hall from the outset. Virtually all of the other City Councilmen ignored my brother’s complaints to City Council about the Sewer Program in 2007 and to date. We don’t even know how many other resident complaints they ignored as well. It was unfortunate that Councilman Brenner lost the last election, especially in light of the fact of the unfounded claims made by other candidates. Still, it is not too late for everyone on City Council to step up and do the right thing now, before the election, to prove their good faith. And we need to encourage them and to keep them focused on getting it done.

Please join me in drawing a line in the sand, No support, no vote for any candidate that does not fix the Sewer Program by terminating the requirement that it be paid for by individual residents. No support, no vote for any candidate that does not immediately call for the reimbursement to HP residents for the considerable sums they paid for work on their own private property to address a City of HP infrastructure problem.

Questions? Comments?

PS Please subscribe to this blog. I don’t have time to write much or often but I will be providing additional information on this issue from time to time. Please stay in touch!

Open your checkbook, the City “feels” it won’t cost you more than $10,000…

So, let's get started with correspondence between the City of HP and "Clifton Avenue" in Sunset Park.

[After publishing the blog entry today, the blogger finds that google.com/docs does not allow for unrestricted viewing of PDF documents. Accordingly, some of the hyperlinks below will not work. So, if you would like access to them, you'll need to send me an e-mail at downthedraininhp@gmail.com to request access that will be gladly given. The blogger will respect your privacy, will not develop a mailing list from requests, and will not share the e-mail addresses with anyone absent a court order. If anyone has a better idea of how to post the correspondence, please let me know. Otherwise, I'll start to copy the language for you soon.]

On August 15, 2007, the house on Clifton received a letter from City Hall to notify the resident that the City of HP had "awarded a contract to Performance Pipelining Incorporated…expected to begin repair work in September and finish late October or early November." The letter stated that, "at the homeowners request," City staff had explored creating a Special Service Area (SSA) as alternative funding. It is reasonable to infer from this August 15 letter that residents had already complained to the City about charging residents directly for infrastructure repairs and for placing upon the homeowners such a large, unanticipated and unbudgeted expense.

Staff determined that a SSA was not feasible, which makes sense if the plan affects the entire municipality. Yet, it appears in the Master Plan for Storm and Sanitary Sewers that certain neighborhoods had been "targeted." (Is it just a coincidence that no neighborhoods east of the railway tracks had been targeted, even though they contain some of the oldest homes and infrastructure in HP?)

We have not been able to access information concerning complaints made to the City about the Master Plan for Storm and Sanitary Sewers, being told that this can be acquired only through a FOIA request. Another fine example of City Hall's practice of divide and conquer – if you can't access other residents' complaints, you may think you're the only one who wants to challenge City Hall, determine it is futile and just sign whatever they want.

Clifton Avenue was told that there were three financing options: payment in full at the time of improvements, 2) property owner secured home equity financing and 3) a City subsidized low interest loan program available through the First Bank of Highland Park. A fourth alternative was mentioned as possibly being "available in the near future" with regard to the City's Low Income Program. Ultimately, this may have been the enforceable lien for the full amount of the project [N.B., the lien was always "offered" as an alternative for paying 100% of the work to be done, and not as an option for use with the 80-20% (resident-City) split].

In the August 15 letter, there was another request for the Temporary License to be signed within about two weeks, returned by August 31. Notably there wasn't any specific description of anything wrong with the sanitary lateral line at the Clifton Avenue address, nor the work to be done there. The amount to be paid was not provided. Signing and returning the Temporary License to the City of Highland Park would be like signing a check without filling in the amount and allowing the recipient to plug in any figure he'd like – ultimately, the City could charge any amount it wanted. Of course, the City stated in the August 15 letter that it "feels no individual repair service repair will exceed $10,000." Is this how the City Manager, David Limardi, and the City Council manages City funds – on how it FEELS?—or does it just work that way with your money? Who authorizes substantial and costly work on the basis of a guesstimate? And, in speaking with someone at Sunset Foods, I heard of a family that moved into a house and suddenly was required to pay close to $25,000 or be faced with a City lien. I can't say for sure this was a result of the Master Plan, but my friend thought so and, in any event, what a painful welcome to Highland Park upon buying your new home. After all, it's not as if the home inspection people routinely examine your sanitary lateral lines.

The City demanded that the resident sign the (initial, later revised) "Temporary License for Sanitary Sewer Testing and Repair Work" without specifying the type of repair to be done. The license referred to this as "by either open excavation and/or trenchless technology." The resident was required to waive and release any claims ("known and unknown") against the City and Performance Pipelining for any harm caused to the homeowner's property. So, if they did work that caused a bigger problem or flooded your home, well, that's your problem, not the City's. Further, if that wasn't unreasonable enough, the resident had to "indemnify, hold harmless and defend the City," the Mayor, the City Councilmen and all the other people involved in perpetrating the Master Plan. It's a good time to ask the Corporation Counsel, Mr. Elrod… whom do you think you are representing? We'll leave that issue for another day. In any event, numerous HP residents signed the Temporary License in its original form, no doubt feeling that they couldn't "fight City Hall" and upon threat of having a lien placed on their property.

In response to receiving the City's demand, my brother issued a letter to Mary Anderson, with a copy to the Mayor and City Council. Take a look at his August 31, 2007 letter. You'll find in it virtually all of the questions and objections raised by the Ravinia neighbors more than a year later in December 2008.

Please take the time to read my brother's detailed August 31, 2007 letter, which was written on behalf of all HP residents. This is a brief quote it:

"The residents of Highland Park deserve a plan for infrastructure that's equitable, not an ad hoc "plan," hastily construed, that's imposed without regard to what's fair and reasonable. When the City of Highland Park provides the requested and specific information for our home (and would expect no less for our fellow homeowners) and can answer some of the troubling questions raised, I will then decide the best alternatives to pursue concerning repairs."

If you sent a letter to the City of Highland Park in response to the Master Plan, please let me know, and it can be posted on this site.

In the next blog entry, we'll take a look into the City Hall's lame response. Thanks for staying tuned.

Oh, by the way, it was 2007 when the City "felt" it wouldn't cost more than $10,000. It seems the top line will be much higher in 2009...wonder what they "feel" it is now?