Ravinia Festival’s Cash Cow – Crown Castle – Has Escaped to a Greener Pasture

You probably haven’t read in the Chicago Tribune, or any of the other local newspapers, about the outcome of the residents’ battle at City Hall over the Ravinia Festival Association’s (RFA’s) attempt to build a 1500 sq. ft. structure to house a “head-in” cellular hub for Crown Castle International Corp. – smack dab in the middle of a residential neighborhood. The structure was to provide connectivity for a proposed Distributed Antenna System (DAS) comprised of node antennae to be placed throughout Ravinia Park during concerts – which is still on the table and likely to be passed at the Plan and Design Commission meeting March 15, 2016.  Yet, the cellular hub would be used all year long to provide distribution services to all the major cellular phone providers, such as Verizon, AT&T and Sprint.  Both the RFA and the City of Highland Park asserted that the cellular hub structure was essential for public safety, while the residents in opposition denied this.

Frankly, some of our local newspapers seem determined to prevent residents from accessing news, unless the news has been issued directly from City Hall.  Consider that the Chicago Tribune published an article articulating the City’s support of Ravinia with their headline article, Fixing Ravinia Cell Logjam A Matter of Public Safety, Highland Park Mayor Says the very same day as the October 20, 2015 hearing at the Plan and Design Commission. Published before the meeting, not after. Not a single resident was interviewed for that article.  Yet when residents directly requested that the Tribune investigate and report on the issues further, the response was that this was too complex for the newspaper.  If our small city politics is too complex for the Chicago Tribune, heaven knows how they handle Chicago! 

To be fair, I waited a few weeks since City Hall notified Ravinia’s neighbors by letter about a crucial decision concerning the Ravinia’s proposed cellular hub to see if would be reported in the local press. Their report is simply not happening – likely because the City of Highland Park didn’t furnish the information as a press release – so here is all the news about the Ravinia Festival/Crown Castle Proposal that is fit to print but our local newspapers won’t deliver to you.

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In a surprise move, Crown Castle decided to take the “head-in” function – its cellular hub – out of Highland Park. It will lease space at an undisclosed location, according to reports, no new structure is planned. The Ravinia neighbors who fought the Ravinia Festival Assocation (RFA) and the City of Highland Park may claim this as a victory, as surely their tireless work at least resulted in several delays before the HP Plan and Design Commission, extending the process to nearly one full year.  

This is very good news for the Ravinia neighborhood (not to be confused with the Ravinia Neighbors Association that refused to assist the 60+ active Ravinia neighbors who opposed the RFA proposal). This is also a positive outcome for any Highland Parkers who care about Ravinia’s cultural and historic importance, as well as the environment and preserving open spaces.  Yet, overall, this is a monetary loss for Highland Park, and it didn’t have to be that way.  It could have been a win-win resolution if Highland Park had been more sophisticated and strategic. Ultimately, Crown Castle made its own decision without Highland Park.  Who can blame them? After all, providing cellular connectivity to Verizon, Spring, and AT&T is a very lucrative business and every day that cellular hub wasn’t up and running was costing them money – no matter how good the deal was that they struck with the RFA.  

 

The cellular hub never belonged on RFA property for several reasons, not the least of which was the moral, ethical, environmental and, perhaps, legal obligation to support the legacy of the RFA’s major benefactor, Mrs. Elsie Eckstein, who donated all the property subject to certain legal covenants. Without Mrs. Eckstein’s brilliant foresight and generosity, the RFA would likely have ceased to exist long ago.

When Elsie Eckstein gifted this prime and valuable land to the RFA, she prohibited the building of commercial property on it, requiring the new owner to maintain its natural open space as a park. She gave the property a distinct not for profit purpose. She didn’t give the land away so other people could make a profit on it. If that were her intent, the she could have sold the property to developers for residential or commercial purposes.  When Crown Castle abandoned Ravinia, the legacy of Elsie Eckstein was upheld, not by the Ravinia Festival Association, not by City Council, and not by the Ravinia Neighbors Association, but by the neighbors who live around the property.  They actively set out to preserve the unique history of our community, and were vigilant and tireless in defense of Ravinia as it should be.

The departure of Crown Castle is also good news for the neighbors, some of whom live as close as 230 feet (that’s less than a football field away) from where the cellular hub would have been built. Serious noise would have emanated from six five-ton HVAC units in the building, at least half of them running 7/24/365. There was another large noisy generator to be put into place on an outside cement block whenever power would go out.  The City never required Crown Castle to disclose the decibel levels for that generator that could run as long as several days based on past power outages in Highland Park.  It could have been deafening, yet no one protected those residents. Records indicated that neither the City nor the Plan and Design Commission was concerned that the nearest residents would have been subject to, at least, a decibel level equivalent to a living room conversation at all times, night and day. With Crown Castle out of Ravinia, these neighbors will now be able to continue enjoy their backyards and bedrooms without an incessant hum, and their property values will remain intact. They also so not have to worry about being bombarded with additional radiofrequency radiation, although the cellular hub would certainly have been installed according to federal standards. Still, who wants to live next to cellular hub?

What about our public safety problem?  Again good news – the absence of this cellular hub has no impact on safety whatsoever, even though Highland Park Mayor Nancy Rotering said the DAS structure had to be built as a matter of public safety (see, News from Nancy and Chicago Tribune). Her public safety argument was that on busy RFA nights, later established to be 8-12 nights per year, the cell phone activity of Ravinia’s patrons overwhelms the nearby cell towers, compromising the ability for ambulances to communicate with the Hospital’s emergency room.  (We should note that city’s Fire and Police chiefs were unable to provide any documentation of this at the October 20 hearing, and, if it is so, the residents should be asking them to keep records to support public safety.)  Mayor Rotering reported that she personally approached Ravinia, along with the City Manager and the HP Fire and Police Chiefs, to address these safety concerns. In her press releases, she stated that the DAS system was simply the best solution and “to install the DAS, Ravinia will need to build a new building on its property.”  Not so.

As stated in my report on October 20, 2015, and as I testified at City Hall later that day, it was always clear the “head-in” cellular hub did not need to be on RFA property.  While the cellular hub needs to communicate with the DAS antennae nodes proposed to be placed throughout the entertainment section of Ravinia Park, the cellular hub could be off-site. It’s all about RF – Radio Frequency.  No cords, no cables, just RF. That’s why they call it wireless.

Exactly how far away can a cellular hub be from DAS nodes?  Frankly, I can’t answer that technical question because the City of Highland, the RFA and Crown Castle would never answer that simple question.  I wrote to the City of Highland Park on October 27, 2015 with several important questions, including:

“Technically speaking, how far away can a “head-in building” be from the nodes intended to be placed on Ravinia Festival rooftops and other places at the Park?...What is the farthest from Ravinia that it can be placed and still effectively serve the nodes?”

Months later, with that question and others unanswered, I met with the City Manager and staff on January 4, 2016.  How far away could the cellular hub be? Staff replied that this was unknown but it was asserted that it could not be too far, because it would be difficult to “lay the fiber optic cables.” My reply, “There are none. It’s all about RF – Radio Frequency.”  As I explained to another city leader on October 20, “there are no cables, take a look at your cell phone, it’s the same principle.” After nearly a year of review at the City, no one could answer a very simple question – how far away could the cellular hub be?  

The answer, if given to me in October 2015, would have enabled me to provide assistance to Highland Park in resolving this contentious matter. We could have located other suitable local sites to propose to Crown Castle.  Sites that would not have been on land owned by not for profits who pay no real estate or revenue taxes, such as the RFA.  Sites that might have been on City of Highland Park, District School or Park District property – open real estate that could have been monetized for the betterment of Highland Park.  Or, sites in Highland Park’s commercial buildings where the income earned by Crown Castle from Verizon, AT&T, Sprint could be taxed. Highland Park’s commercial properties need lessees. Whatever the other location, it would be intended to help reduce our tax burden in Highland Park. Crown Castle doesn’t just provide DAS services, it is a Real Estate Investment Trust that monetizes land, and the City of Highland Park should have recognized this.

It seems Crown Castle was the only one who knew how far away from the Ravinia Festival the cellular hub could be built. According to HP City Staff, they don’t know where Crown Castle will be. It wouldn’t be surprising to find it in Glencoe, just south of Lake Cook Road. There is a fine golf course there with a corner for mechanics there.

Unfortunately, City Hall did its utmost to ensure that the RFA, a not for profit organization that pays no real estate or income taxes to the community, would reap the significant financial benefits of the cellular hub. Crown Castle is a substantial REIT, publicly traded on the NYSE:CCI, yet the City of Highland (including its lawyers), along with the RFA, continued to represent at public hearings that a cellular hub providing services to Verizon, AT&T and Sprint was not a commercial endeavor, and that there were no significant zoning issues for placing the cellular hub on property zoned residential.  Indeed, the Highland Park lawyer in attendance on October 20 specified that the Plan and Design Commission could not consider the legal covenants on the land while several other resident lawyers there would argue with that position. Neighbors have been left to wonder what the underlying motivations were in this scenario.  So, another unfortunate outcome from the Ravinia/Crown Castle Proposal is that there are more Ravinia neighbors who have gained a healthy cynicism about the City and Ravinia Festival Association.

To some it appears the leadership of Highland Park was so focused on assisting the Ravinia Festival Association that they neglected to understand either the relevant technology or the commercial opportunity associated with the Crown Castle/RFA proposal.  Crown Castle, the cash cow, has now escaped the barn or, another metaphor, Highland Park failed to see the forest for the trees.  Another community will enjoy the taxes benefits.

The good news, the bad news, and an opportunity lost.

Looking for that "commitment to transparency, accessibility and ethics..."

Sharing a letter sent to Mayor Nancy Rotering today -

March 15, 2012

Mayor Nancy R. Rotering
nrotering@cityhpil.com

SUBJECT: Termination of the Storm and Sanitary Program & Reimbursement to Residents

Dear Mayor Rotering,

Congratulations on completing the search for a new city manager. David Knapp appears to be an excellent choice and I look forward to welcoming him to Highland Park.

As you know, in addition to a good mayor, a knowledgeable and sound city manager can have a significant and positive impact on the city.  Unfortunately, the lasting legacy of our former city manager is that nearly 50 residents were seriously harmed financially with regard to an ill-conceived storm and sanitary sewer program.  There were several other better solutions to HP's storm sewer problems but he decided upon and promoted the very worst alternative, patently inequitable, discriminatory, and unfair, and the City Council accepted his proposal. 

Other communities in northern Illinois addressed their city's storm and sanitary sewer systems holistically and ensured that the entire community paid for any necessary updates to the infrastructure. Our former city manager and City Council devised a program to foist the entire infrastructure problem on individual homeowners in uncapped and undefined amounts possibly as high as $20,000+.   Nearly $250,000 was paid by about 50 of these unfortunate HP residents in 2008 -- an inequitable financial burden that the City has yet to foist upon all the other residents, yet was clearly ready to do so at the clip of 50+ homes per year had not the Ravinia Neighbors Association put up a fight.  You were a part of that fight, and that fight helped you to gain a seat as a Councilman which, in turn, helped enable you to succeed in your election as a mayoral candidate. 

To the best of my knowledge, this storm and sanitary program has yet to be terminated by the City Council under your leadership.  Yet, approximately 50 of our fellow residents and neighbors have borne the brunt of this shameful program.  It’s long overdue and time for the Mayor and Councilmen to do the right thing now -- reimburse all those who were coerced and forced to pay under threat of lien for this program.  Terminate the program and embark on a new program that is equitable, effective and cost efficient for the community.

As indicated in my blog, “Down the Drain in HP,” many of these homeowners were in their retirement years, some of them had to move or leave the community as a result.  I've had calls from widows, as well as families trying to pay for their children's college tuition, or just get by, and they are asking, "why is Mayor Rotering doing nothing about this? Why is the City of Highland Park not reimbursing us? They know this is wrong but the Mayor and the Councilmen just don't give a damn about us." The homes of some of these residents were foreclosed upon by the banks and some are no longer able to live in our community. I've informed those who are in touch with me that I wrote to the Mayor and all the City Councilmen but only Paul Frank has met with me, and Jim Kirsch had a phone conversation with me. That Steve Mandel is strongly opposed and the others are silent. I’ve told them that Paul Frank informed me that he is “sympathetic” but he doesn’t believe City Council can reimburse the residents because the City doesn’t want to set a precedent of [doing the right thing and] acknowledging they did the wrong thing and making it right ("because they have made so many other errors in the past, so this might mean other residents will want reimbursement, too, for other mistakes").  Is that the kind of reasoning that our mayor and City Council should abide?  In any event, the reimbursement requested by these residents is completely distinct from any other program in the City and would not set a precedent with regard to former programs.  However, the point is that we look to the Mayor and Councilmen to do the right thing, under any circumstance.

This is a sad, disgraceful story community story. In the face of the facts that have been disclosed to this current City Council, they cannot just say that this program was started by former City Council.  It is the current City Council’s job to resolve this and yet they show an egregious callousness to our City's residents and the principles of community and equitable treatment under the law, made worse in the economy that existed then and now.

Over the years, I have heard various councilmen indicate that the City of HP's program was the only way the work could be done.  No other viable alternatives existed or exist even today in their minds. This is likely because the former city manager didn't provide them with alternatives, and they didn’t and haven’t looked for any. It is clear that many of the Councilmen have never taken the time to read the detailed information in my blog or to seek the appropriate information from the City’s Public Works department.  Everyone in HP city government has failed to fix these problems and search for better answers.

So, I reached out to the Mayor of Downers Grove, MartinTully, and he provided me with the Downers Grove Sanitary District PrivateProperty Infiltration and Inflow Removal Program, a copy of which is attached with this e-mail.  Not only will you find a practical solution to the City of Highland Park's problem, you will see the overriding philosophy of Downers Grove:

“The financial assistance is being provided by the District to recognize that the removal of I/I from the sanitary sewer system benefits all users of the system and, therefore, the costs of this removal should be paid by all users as a system cost. The program also provides a mechanism to insure that the work is performed cost effectively and in a manner which protects the integrity of the sanitary sewer system.”

Downers Grove asks permission to go onto private property and the community – not individual residents -- pays for all the work need to be done to ensure that the storm sewers do not invade the sanitary sewers and vice versa.  The Mayor of Downers Grove informs me that the residents are very pleased with this system.  Isn’t it amazing that their community with a lower per capita income (according to Wikipedia) has the ability to provide more valuable services to their residents than Highland Park?  I would be glad to provide you with an introduction to Mayor Tully who has shown great leadership in his community and perhaps he has other valuable insights to share with our community.

As you’ll see, the Downers Grove program was determined by their Sanitary District.  So, I have copied Daniel Pierce on this correspondence.

 Quoting from your email today to Highland Park residents:

“Less than a year ago, four new Council members and a new Mayor came to City Hall. We ran for office out of a desire to serve our community, to make our City government more responsive to our residents and to use your money wisely.

We made a commitment to transparency, accessibility and ethics.”

I would like to see the Mayor and City Council walk the talk. So far, this community has seen the former and current mayors and councilmen turn their back on 50 residents that have been harmed by the City of Highland Park, a City Council that for too long has ignored this issue and has not been willing to do the right, fair, and just thing and reimburse residents who who were cherry-picked to bear the burden of an ill-conceived sanitary line program.

I would like to meet with you as soon as possible to seek a resolution of the storm and sanitary sewer program.  If possible, it would be great to meet with the new City Manager, too. We can meet jointly, or I can meet with David Knapp on my own.  Please provide me with several of the earliest possible dates to meet with David Knapp and you. I will do my best to arrange my schedule to accommodate yours.  Please advise me a few dates, and please schedule 1.5 hours for the meeting as there are considerable details that need to be discussed not only for resolution, but to also constructively move forward in way that’s a benefit to our entire community.

Frankly, it is very difficult for me to find the time to keep going back to City Council on this issue.  Running the City equitably is not my job.  Learning everything I now know about storm and sanitary sewers is not my job.  I’m not even one of the people whose homes were affected by this inequitable program.  Yet, I care about deeply about this City and look to City Council to fix this problem once and for all. 

Respectfully, and with best personal regards,

Debra

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...

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.

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.