Lisle Watchdog

Wednesday, May 21, 2014

Missing the Golden Opportunity in Lisle

Looking back...

This Lisle Watchdog Blog was written in May 2013. 
Not much has changed in a year.. 
Did we miss that "Golden Opportunity"?
___________________________________________


Lisle Flood: Golden Opportunity or Disaster?
May 10, 2013 

Golden Opportunity
Local and State officials told hundreds of homeless and exhausted flood victims that the April 18 flood event "is a golden opportunity," further enraging the already angry and frustrated crowd gathered at a special meeting last night at Trinity Church in Lisle.




Officials explained that those flood victims with flood insurance may be eligible for a $30,000 grant to elevate their homes and fill in their basements to comply with current storm water regulations that apply to their damaged homes built in the 100 year flood plain.

But first, President Obama must make a declaration that Lisle, DuPage Co and several other Illinois counties are a federal disaster area. Congressman Bill Foster, who represents the southeastern portion of Lisle, explained that the White House declaration could come within days or as long as a few weeks. Foster explained that once approved, "limited" assistance could be available from FEMA - including grants and low interest loans. Foster cautioned that there are many exclusions in FEMA assistance. Congressman Roskam, who represents most of Lisle including the areas most impacted by the flood, was not present.

The 50% Rule

The National Flood Insurance Program requires that the Village to inspect all of the flood damaged homes that lie within the flood plain. Lisle officials estimated that 400 homes will be inspected.
Once inspected, Village staff is estimating the cost of repairs. If the cost of repairs due to the recent flood plus the cumulative  cost of any and all repairs done on the property since 1992 exceeds 50% of the fair market value of the building, then the property owner is required to either elevate the structure to two feet above the 100 year flood level or demolish the home. Eventually, all homes would reach the 50% threshold. The Village does not have a set date for homeowners to complete the work to elevate their homes - a range of 6 months to 4 years was mentioned as a possible consideration for a future Board discussion.

The Letter

Once inspections and costs of damages are determined, the Village issues the property owner a "Damage Assessment Letter." The letters categorize the damage as:

1.  No Flood Damage
2.  Flood Damage, Not Substantially Damaged
3.  Substantially Damaged

http://www.villageoflisle.org/home/index.asp?page=10&recordid=1049

Village officials estimated that 100 letters have been completed and  11 of the 100 are "Substantially Damaged"

Several residents took issue with the accuracy of the cost estimate of the repairing damage that is prepared by Village staff. One woman questioned the estimated cost of $10,000 to replace 5 basement windows that were not broken and still operate. When Lisle officials explained that she can appeal the estimated cost of damages by hiring an architect or contractor to prepare a cost estimate, the crowd cheered when she retorted "Why do  we have to carry the burden of contesting unreasonable repair costs?"  

IDOT Bridge Construction at St Joseph's Creek

At the time of the flood, IDOT had construction crews installing sheet piling to facilitate the construction of a new bridge on Rt 53 over St Joseph's Creek. IDOT officials said the construction crews stopped work early on April 17 due to the rain and the sheet piling work was not completed. During the flood event residents conveyed their observations of the accumulation of debris at the sheeting. Residents vehemently disagreed with IDOT engineers initial assessment that the sheeting was not a contributing cause to the flooding in the St. Joseph's Creek area. One 35 year resident said that this is the first time his property flooded and attributed it to the IDOT bridge construction as St Joseph's Creek did not overflow the levy. ID engineers did acknowledge that their studies did not include the effects of debris.

The Village hired a local firm to review IDOT's report. 
Unfortunately, it appears the Village did not hire a Licensed IL Professional Engineer.

http://www.villageoflisle.org/docs/2013-05-07_st_joseph_creek_at_il-53_flood_study.pdf

No Money to Fix the Levees

In the early morning hours of April 18, 2013 the East Brnch of the DuPage River overflowed the top of the existing levees an event that was a known risk with potentially devestating consequences.
Back in 2005 DuPage County paid to have engineering work on levee maintenance completed.
From the DuPage County:

River Dumoulin Flood Control Project - Property Reimbursement

Village of Lisle

The River Dumoulin Flood Control Project is comprised of several different project components. A total of four pump stations will be constructed along the East Branch between Lacey Avenue and Burlington Avenue in Lisle. In addition, several areas of the levee system will be raised to their original design elevation. In order to repair the levee, permanent easements will be needed from property owners along the length of the levee. These easements are needed for access and construction and to make sure that structures or plantings are not placed on the levee in the future that would affect the integrity of the levee. DuPage County has an IGA with Lisle to reimburse property owners up to $1,500.00 for the permanent easements required for the levee repair project.

Now 8 years later, the Village as yet to acquire easements from the 55 property owners along the river to access and repair the levee. One Lisle resident asked Mayor Broda if the Village brought their check book to the meeting, because the 55 owners are in attendance and need the money and are willing to sell a permanent easement to the Village.

Audible moans and gasps were heard when Broda responded that the Village does not have the funds to purchase the easements from the 55 property owners. Total cost to acquire the 55 easements is $82,500.
Not only does the Village not have the funds to acquire the easements, the Village does not have the funds to do the levee maintenance once the easements are acquired.

No Storm Water Master Plan

To make matters worse, the repair would be limited to restoring the levee to a height corresponding to a 50-year flood level, not a 100-yr flood level. It doesn't appear that the Village has a long range master plan for village-wide storm water infrastructure improvement projects to manage a 100 yr flood.

No Notification

Lisle police and fire officials dodged the repeated question as to why residents were not notified at 4 am when the flood conditions reached a crisis level. A Lisle police officer conveyed a state of frenzy and numerous 911 calls.  A deputy chief from the Lisle Fire Department described the process of calling in help from other stations and rescue efforts at nursing homes. One trustee said the Village did indeed notify residents  - at 9 am.  One angry resident retorted that he did not appreciate a call from the Village some 5 hours after the peak flood to tell him what he already knew.
Another Lisle man who lost his car because he did not receive notification early enough to move it to higher ground said that not only did he not get notification - he has received no help at all from the Village.  He concluded by saying, the Village did manage to make sure he got his water bill. 

Buy-Outs

State officials also mentioned the possibility of a buy-out program for homes that are substantially damaged and have flood insurance. The buyout would be funded 75% by FEMA with the remaining 25% coming from local and/or state sources. The buyout process could take as long as two years for homeowners to see cash.

Next steps …

More than half of the residents stayed until the meeting wrapped up at 11 pm. The Village has offered to  meet with effected residents individually to review the their costs estimates for damages and to expedite the construction permit process. Village would not commit to additional trash pickups for flood soaked furniture, drywall and appliances.

Friday, May 16, 2014

Lisle Officials Dancing Away Thousands of Your Tax Dollars


30% of children in Lisle Schools are at Poverty Rate and this is what Lisle Officials do...



While our property tax bills are soaring and serious and important issues go unaddressed (including: alarming increasing poverty rates in our Lisle schools, crippling pension crises at local and state levels, aging Lisle population, decreasing retail tax revenue in Lisle, people moving out of Lisle, and an absence of any plan to mitigate the single worse infrastructure problem in Lisle - i.e.  flooding) our local officials from the Village of Lisle, the Lisle Park District, the Lisle Library and the Lisle-Woodridge Fire District prioritized the spending of $3,140.00 of our tax money for $80 tickets for themselves and their chosen guests to forget all their troubles and "have fun with friends and dance the night away" at the "Luau in Lisle" dinner dance. 

* It should be noted that several local elected/appointed officials attended this event but not all of them used taxpayer money - some purchased their own tickets. 

"Luau in Lisle" 

An illegal tax-payer funded "fun" night out on the town.  Alcohol included (open bar). 
No government business conducted. No public purpose. 
No authority to use public funds for this purpose. $80/person. 


                               Lisle Mayor Broda (left) and guest at 'Luau in Lisle' (facebook)

The Lisle Chamber of Commerce hosted a "Dancing with the Chamber Stars" luau-themed dinner dance at the Hilton Naperville-Lisle on February 7, 2014, 6 pm - 11 pm.

Lisle Chamber Board President Kitty Murphy (who also happens to be an appointed Lisle official on the Lisle Planning & Zoning Commission) described the event: 

 "This event is a first-class exciting evening with hundreds of people and alot of laughs!" 



                                         Lisle Planning & Zoning Commissioner and Chamber Board 
                                          President Kitty Murphy (left) at 'Luau in Lisle' (facebook)

Tom Althoff, Lisle Chamber CEO (who also happens to be a recently-appointed Lisle Woodridge Fire District Trustee) described the event: 

"This annual event features amateur dancers paired with professional instructors who prepare for this exciting event. It includes a silent auction to benefit the Chamber along with a gourmet dinner and beverages and entertainment. It is truly a highlight of the year."



                                          Lisle-Woodridge Fire District Trustee and Chamber CEO 
                                                  Tom Althoff at 'Luau in Lisle' (facebook)

The event was advertised in the January 2014 edition of the tax-payer funded "Neighbors of Lisle" publication:

"The highlight of the winter season will be the annual Lisle Chamber Dinner Dance featuring amateur dancers with professional instructors...This very popular program will have a luau theme this year and will include appetizers and open bar, dancers, dinner with wine service, silent auction and raffles, and some great music from our very popular D.J."



                                        "Neighbors of Lisle" publisher, former Chamber Board 
                             President, & Village of Lisle vendor Paula Gleason (center) at "Luau in Lisle"


Summary of Tax-Payer Funded Expenditures for "Luau in Lisle" 

  $    500.00 Sponsorship - Village of Lisle
  $  1,280.00 Tickets - Village of Lisle 
  $  1,200.00 Tickets - Lisle Park District 
  $     80.00 Tickets - Lisle Library District 
  $     80.00 Tickets - Lisle-Woodridge Fire District

  $  3,140.00 TOTAL 



Village of Lisle Expenditures


The Village of Lisle paid $500 for a "sponsorship." The Village obtained 2 "free" tickets with the event sponsorship which documents state were used by Mayor Broda and his wife. The Village purchased an additional 16 tickets at $80/each. The Village stated that no goods or services were provided to the taxpayers for this expenditure of funds. The Village FOIA Officer Kristine Curran also stated in an email that the Village had no records that contained the public purpose of the expenditure of these funds, no records that contained any public business conducted at this event paid for with public funds, and no records that contained the statutory authority for the Village to expend public funds for this event. Total expenditure $1,780.00

Taxpayers purchased tickets for the following people:
  • Mayor Joe Broda & guest
  • Clerk Tim Seeden & guest
  • Trustee Mark Boyle & guest
  • Trustee Brad Hettich & guest
  • Trustee Bob Mandel & guest
  • Trustee Tony Carballo & guest
  • Village employee, Manager Jerry Sprecher & guest
  • Village employee, Police Chief Dave Anderson guest
  • Village employee, Admin. Services Director Eric Ertmoed & guest

                           Village Clerk Tim Seeden (right) and guest at the "Luau in Lisle" (facebook)


                                Village Trustee Brad Hettich (left) and guest at "Luau in Lisle" (facebook)


Lisle Park District Expenditures

The Lisle Park District purchased 15 tickets at $80/each. The Park District expenditure for this event was disguised in the monthly board voucher logs as an expenditure of $1,200 for "public relations." Park District Director and FOIA Officer, Dan Garvy initially stated that the public purpose of the expenditure of funds was for "professional conferences, seminars" but quickly back-peddled to a purpose of an "outing" when pressed for copies of the seminar/conference materials. The Park District also had no records that contained the public business conducted, had no record of the goods and services provided to the taxpayers for this expenditure of public funds for and "outing". The Park District did not provide any records that contained the statutory authority for the District to expend public funds for this event. 
Total expenditure $1,200.00

Taxpayers purchased tickets for the following people:
  • Commissioner Don Cook & guest
  • Commissioner Margaret Hough & guest
  • Commissioner Neil Buchelt & guest
  • Commissioner David Richter & guest
  • Commissioner Kari Altpeter
  • Park District Director Dan Garvy & guest
  • Park District employee Lisa Leone & Park District vendor Roger Leone
  • Park District employee Mike Toohey & guest

                           Lisle Park District Commissioner Neil Buchelt (right) at 'Luau in Lisle.' (facebook)

                           Lisle Park District Commissioner Margaret Hough (right) at 'Luau in Lisle.' (facebook)


Lisle Library Expenditures

The Lisle Library District purchased 1 tickets at $80/each which was purchased for Library Trustee and Board President Richard Flint. The Library Director, Shannon Halikias was only government official to accept $149.00 of gifts  - a "free" ticket (value $80.00) to the event plus a "free" hotel room for the night (value $69.00). The Library also had no records that contained the public business conducted, had no record of the goods and services provided to the taxpayers for this expenditure of the public funds. The Library did not provide any records that contained the statutory authority for the Library to expend public funds for this event.  Total expenditure $80.00


                          Lisle Library Director Shannon Halikias (right) at 'Luau in Lisle.' (facebook)


Lisle Woodridge Fire District Expenditures

The Lisle-Woodridge Fire District purchased 1 tickets at $80/each which was purchased for Chief Thomas Freeman who has announced that he will be retiring this year. The LWFD also had no records that contained the public business conducted, had no record of the goods and services provided to the taxpayers for this expenditure of the public funds. The LWFD did not provide any records that contained the statutory authority for the District to expend public funds for this event. Total Expenditure $80.00


*Records were provided to Lisle Watchdog by the Lisle Citizens Research Group.


Friday, May 9, 2014

The Flood Lawsuit: Class Action Against the Village of Lisle



One day shy of the one year anniversary of the April 18, 2013 flood, Farmer's Insurance filed a "class action" lawsuit against the Village of Lisle, DuPage County and nearly every other municipality in the County.

Lisle Watchdog has obtained an official copy of the entire 60-page complaint. Click HERE.


Counts Against Village of Lisle

1. Breach of 745 ILCS 3-102(a) because the Village of Lisle breached its duty to the Plaintiff to safely maintain and operate its stormwater sewer(s) and/or sanitary sewer(s) proximately causing sewer water invasions into it's Plaintiff's properties which directly and immediately resulted in property damage to its Plaintiff subclass on the Occurrence Date.

2. Breach of 745 ILCS 2-103(a) because the Village of Lisle breached its duty to its Plaintiffs to remedy sewer defects which created unreasonable safe conditions hazardous to its Plaintiffs, proximately causing sewer water invasions into its Plaintiff's properties which directly and immediately resulted in property damage to its Plaintiffs subclass on the Occurrence Date.

3. Violation of the Taking Clause of the Illinois Constitution, being Article 1, Section  15, and the Taking Clause of the U.S Constitution, being the Fifth Amendment, because the Village of Lisle misappropriated its Plaintiff's properties for a public use as the Village of Lisle's sewer water detention and/or retention basins without just compensation proximately causing sewer water invasions into its Plaintiff's properties which directly and immediately resulted in property damage to its Plaintiffs subclass on the Occurrence Date.

"Sewer Water Invasion" is defined to mean: Stormwater and/or sanitary sewer water intrusion onto and/or into a Member of the Plaintiff's class home, building, business and/or other real and/or personal property.




                                                    click image to enlarge.


Class Action

Farmer's is seeking "class action" to include the following parties that suffered property and/or other economic loss arising frm a stormwater and/or sanitary sewer water invasion on April 17-19, 2013 as Plaintiffs:

1.  Property Insurance Companies
2.  Insureds of these Property Insurance Companies
3.  Property owners


Key Facts of the Complaint

The complaint alleges that Village of Lisle conducted studies and knew of key dangerous and hazardous defects in the stormwater system and the sanitary sewer system. The complaint further alleges that the Village of Lisle failed to provide safe and adequate mitigation stormwater storage and that the Village failed to provide safe and adequate barriers such as temporary or permanent levees  to protect the Plaintiff's property from damage.


Next Steps

An appearance is scheduled for July 15, 2014, 9:00 am, Room 2016, DuPage Courthouse.


Looking Back

Chicago Tribune July 23, 2013
"Lisle officials said the flooding that occurred in April likely caused their community the greatest dollar amount of damage in the state, considering suburban property values as compared to land in rural areas.
"I can't begin to imagine what you're going through with your house, because certainly the longer you wait, there's potential for additional damage," said Hettich."

Lisle Patch March 2011 
"Young said the levees have not been repaired for many years and the Village Board has been trying to address this. "I am concerned that they haven't been repaired and if they should breech, that would be catostrophic," Young said."


East Branch DuPage River Study July 2012

Existing conditions assessment of the East Branch River Levee and Recommendations for Levee System Design, Levee System Maintenance, and Levve System Operations.

Ten Things Mayor Broda Failed to Tell the People of Lisle  - Part 1 Jan 2014

"The Village has no master plan to fix the river levees and no stormwater management plan to address a 100 yr flood."

Special Flood Meeting July 2013 (starting 1:58:00)

"We know the levees are two feet low in some places..."  - Lisle engineer M. Kalsted