Showing posts with label Special Service Area. Show all posts
Showing posts with label Special Service Area. Show all posts

Thursday, November 4, 2010

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!

Monday, December 29, 2008

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?