Lombard requires permit for tree removal

John Schofield sent me this heads up on a Tribune article by Greg Canfield filed March 20, 2008:

In an attempt to stop trees from being attacked by the emerald ash borer, Lombard is requiring residents to get a permit before removing any tree from private property.

The permit, which is free, ensures the Lombard Public Works Department will inspect the tree before the permit is approved. If the tree is found to be an ash, a specific process must be followed prior to the permit being approved.

Silly question: “How does a required permit stop the trees from being attacked?

Read it all here…

No more flag lots

Council voted unanimously tonight to amend the muni code so as to ban further flag lots in Downers Grove. Commissioner Tully said he was looking forward to this day for seven years, and he had much to do with shepherding the ban through to approval.

Climate Change Seminar

The Northern Illinois Conference of United Methodist Churches will sponsor an informational seminar on Global Warming in response to the current scientific data indicating that climate change will have a significant impact on human kind. Anyone interested in understanding more about global warming are invited to attend.

Heritage Tree Ordinance Part 3

Some residents say we do not need any ordinance, that there is no problem with clear cutting property. Even lawyers suddenly do not remember definitions of words like unwarranted when facing the complexity of a simple ordinance.

I would ask this: Do you live next to a clear cut lot that was built out and now, as a direct result, have water problems? I have talked directly to residents who do now have water problems, and they do live next to, or near, property that has been clear cut and built out. It is not a coincidence: it is a direct connection.

Heritage Tree Ordinance Part 2

“Go away. We’re busy.”

The Village Manager and staff have decided the “Heritage Tree Ordinance” (HTO) is not going to happen right now. Unless someone on council takes exception to it, it will be left on the back burner. That is too bad. We need a responsible, moderate, heritage tree ordinance now, so we can measure and adjust it if needed in the future.

Tree Update

Interim Director of Public Works Robin Weaver broke the sobering news to council tonight: the Emerald Ash Borer (EAB) is on the way, it’s closer than anyone thinks, and nothing anyone has done stops the 100% lethality of this pest. Evanston is getting hammered right now; hundreds of trees need removal, and their Public Works crews are swamped.

It’s all very sad. Ash trees had their foibles, but some, especially purple Ash, really are beautiful shade trees. Hardy, tolerant, robust, and completely vulnerable to a small bug from China. Probably the best way to know the EAB has arrived will be the tiny sideways ‘D’ holes in the tree, and the woodpeckers pecking away eating everyone they can find. Sorry, the woodpeckers don’t stop them either.

Public Works will be taking out 400-450 trees this year, trying to get ahead of the problem like everyone else did not. Replacing all those trees is going to cost money, and it is my intention to see what we residents might do to help lower the cost to the village. I’ll report in on this if/as things happen.

Trees Winning New Friends at Public Works

Mark Thoman	Sat, Dec 15, 2007 at 4:16 PM
To: Robin Weaver , Kerstin von der Heide Cc: “Pavlicek, Cara”
Ms. Weaver, Ms. von der Heide, et all, I live at the SE corner of 61st and Carpenter Streets, which will undergo a major multi-month construction project starting this spring. My reason for writing (I will follow up with you, Ms. Weaver, if possible prior to Council’s Tuesday meeting), is to see if it is possible to meet with yourself and our Village Forester Ms. von der Heide, and whomever else you feel would be an invested party, for the purpose of discussing modifications to sidewalk placement along Carpenter. I am not protesting sidewalks, and do not seek to delay or prevent their installation. What I do seek is to keep intact as many non-ash trees along Carpenter as is possible, and to make this an ongoing objective for all future sidewalk projects. This will require rethinking the typical linear 5′ wide sidewalk placed 1′ off property lines. Ms. von der Heide is aware when the sidewalk was placed along 61st Street, that I was in favor of the sidewalk, and devastated by the lack of thinking that went into removal of a 40 year old healthy maple 16′ from the street. When the snow clears you will still be able to plainly see where the botched trunk grind/sodding has resulted in a dead depression in my front yard, and how unnecessary the removal really was. Moving forward, we as a village must place a prime value to our remaining non-ash, non-invasive mature tree inventory, and be creative in replacing the ash population that we will lose as quickly and affordable as possible. What I ask the village to consider, and this project can serve as the test bed, is to re-engineer the sidewalk component, to rethink the placement so as to avoid taking down trees. I’ve looked at the plans- the sidewalks are the typical straight lines, and it looks like they will take out significant numbers of non–ash trees and shrubs. These trees contribute to minimizing the extensive storm water problems my neighbors have to the north on Carpenter, and help keep water from cascading down onto my neighbors to the south. Their loss would be a tragedy, but I believe it can be reduced to an absolute bare minimum by thinking it through starting now, several months ahead of the project. Simple judicious planning, open minded engineering, and sensitive project management can avoid the prospect of any street losing fully grown, mature non-ash tree stock, even with sidewalks being installed for children and pedestrian safety. Having a sidewalk meander slightly as it travels down a parkway is a small price to pay in order to skip 40 years spent growing a replacement tree canopy. To that end, existing mature non-ash trees on public property and parkways must take priority over future planned sidewalks. This will take a different mindset than what has been normal in the past, but our tree future is not normal, and we cannot take out trees that take 40 years to replace, simply so a sidewalk can be laid in a straight line. I would appreciate the opportunity to meet with you and whom you think appropriate at a mutually convenient time to discuss this matter in more detail, and I am willing to volunteer my time to assist in any way I am able, to effect a positive change in the sidewalk process that results in saving non-ash trees. I don’t have Kerstin’s email. I guessed at her e-address, and would appreciate you forwarding this to her if I missed. Thank you for your time and consideration, and I look forward to meeting with you on this very important issue. – Best Regards, Mark Thoman 1109 61st Street, Downers Grove, IL 60516-1820 HP 630-852-7260 WP 630-515-1186 F 630-515-1189 M 630-750-5179

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	Mon, Dec 17, 2007 at 9:04 AM
To: Mark Thoman
Good luck on this one. I noticed at our old house, when they ran the sidewalk through, they whacked the beautiful 20’ Burr Oak that I had nurtured from a small sprig. And from your personal experience, there doesn’t seem to be much sensitivity on this issue at Village Hall. From the 12/18/07 Village Council Meeting minutes: “Mr. Thoman said he attended a meeting last week with the Village Forester who made a presentation regarding the potential Emerald Ash Borer infestation, saying that this will wipe out most of our ash trees. He said the Village needs an aggressive plan for tree replacement. Trouble will come with the installation of sidewalks. He reviewed the process for installing sidewalks, saying that the retention of trees is a higher priority than ruler-straight sidewalks. His area is scheduled for sidewalk installation, which will mean removing a number of trees and shrubs. Installing a meandering sidewalk, rather than ruler-straight, would allow some trees to be saved.”

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Weaver, Robin	Wed, Jan 2, 2008 at 4:49 PM
To: Mark Thoman Cc: “Pavlicek, Cara” , “von der Heide, Kerstin” , “Millette, Mike”
Hello Mr. Thoman. I wanted to let you know that we haven’t forgotten your e-mail request for additional care and saving of trees along our projects, especially since we will be losing a substantial number of trees due to the Emerald Ash Borer. Between snow and ice control activities and vacation schedules we haven’t had a chance yet to review your specific area and the work scheduled there. Within the next two weeks we should be able to review the site and the plans and discuss them as they relate to tree preservation. I will get back to you at that time. Robin Weaver Interim Director of Public Works Village of Downers Grove 630-434-5461 rweaver@downers.us

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Mark Thoman	Thu, Jan 3, 2008 at 9:14 AM
To: “Weaver, Robin” Cc: “Pavlicek, Cara” , “von der Heide, Kerstin” , “Millette, Mike”
Ms. Weaver: Thank you for the update. At this point with the EAB, it should come as no surprise my very strong support for Ms. von der Heide and her tree ordinance. Other communities in the Chicago area (and elsewhere) have shown that a tight tree ordinance can be a very positive addition to the community. It is critical that, if as a village we are to regulate protection of non-ash, non-invasive tree species, we set the regulatory bar very high for the private sector by how we treat existing tree stock on public land, and that means top priority to keeping existing trees intact and unharmed. Thanks again for keeping me informed. – Best Regards, Mark Thoman 1109 61st Street, Downers Grove, IL 60516-1820 HP 630-852-7260 WP 630-515-1186 F 630-515-1189 M 630-750-5179 markthoman.blogspot.com

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Weaver, Robin	Mon, Jan 28, 2008 at 4:28 PM
To: Mark Thoman
Hello Mr. Thoman. In our internal joint review of the plans for work on Carpenter Street we determined that the plans call for the removal of 20 trees. There is room to instead locate the sidewalk further into the Right-Of-Way (closer to the street) and avoid almost all of the trees. It is likely that two trees will be removed. So, design changes are being made to the plans. We will also take precautions to protect the trees, just as we require private developers to protect public trees. Now that we’ve enacted an internal process to jointly review all the capital projects in advance of design, our work will be better planned, have fewer conflicts and be more efficient by incorporating capital and operating considerations. Your interest in this project and interest generally in our parkway tree program is appreciated. Robin Weaver Interim Director of Public Works rweaver@downers.us 630-434-5461

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C&D Wrap-Up

Tuesday should be a wrap: council should unanimously approve staff’s definition of a “recycling collection center” that specifically excludes C&D facilities and transfer stations. It effectively mirrors state statute.

I tried to personally thank those who helped along the way; it was a very wide group. Whether they spoke, actively helped me, passively helped, just expressed an opinion for or against what I was doing, or let me sit down and explain why state statutes in this case should be observed and adhered to, they all became part of steering the village back on track in a somewhat open and transparent process. I liken it to steering the Titanic safely away from the icebergs.

Seniors at Cameo, led by Larraine Tresnak and Barbara McLellan
Downers Grove Coalition for Managed Redevelopment
Downers Grove Area Chamber of Commerce and Industry
Downers Grove Watch
Downers Grove Economic Development Corporation
Pierce Downer Heritage Alliance
Village of Downers Grove Office of the Village Manager
Morton Arboretum
Downers Grove Village Council
DuPage County Forest Preserve District
Village of Downers Grove Community Development Department

In particular:
- Andy Clark. He pushed me to get into it rather than simply complain about it.
- Gordon Goodman. He reminded me to keep an open ear to divergent opinion, and keep it civil. I did, even when others baited me, and that helped both broaden and sharpen my research and presentation materials.
- Brian Krajewski. His opposition to the project site when mayor stalled it long enough for me to begin getting a handle on where staff went wrong, and to build a case for protecting residents and businesses by getting it right.
- Ron Sandack. As mayor he allowed most of my meeting comments to go way past 5 minutes, and allowed considerable latitude in my comments.
- John Schofield. He acted the ‘devil’s advocate’ to keep me on task, and he punched holes in weak parts of what I was doing, so what remained was logical, rational, and robust.
- Tom Sisal. He told me to learn the pertinent zoning and environmental law, i.e., know what I’m talking about and why.
- Marilyn Hannapel. I’m not 100% sure: she was the little grandma who came up to me after a Plan Commission meeting (that didn’t have a good outcome for residents), and asked me, “When do we count?” It took persistence, but you count.

1/17/08 Council Vote Update:
5-1 it passed. The sole Nay vote, Commissioner Neustadt, I spoke with after the meeting, and I understand the reasoning behind the Nay vote as he explained it to me. From Elaine Johnson’s DG Report:

“My concern is that by amending the definition of the “recycling collection facilities” we will exclude the construction and demolition debris facility from the zoning ordinance. I feel that with the new buffers in place that limit the location of recycling facilities as well as the special use process the village has the ability to review each potential application for a special use. By excluding a specific facility or business the village may be open for a law suit.”

I don’t agree, but I understand.

Old Knowledge, Recently Reminded

Municipalities, Home Rule or not, are expected to comply with requirements set forth by the Illinois Compiled Statutes. Communities may sometimes change those requirements, but until such time as the municipality otherwise provides by ordinance, those requirements are in effect to the full extent of the law, and even then that power to change by local ordinance can be preempted by the state.

Hit’s, Misses, and a Great Idea

Hits

Applying for FEMA grant money.

On two 2008 storm water related projects the village is an applicant for FEMA grant money, to the tune of a couple million bucks. There’s also the opportunity to be a sub-applicant to the state for more of the same FEMA money. FEMA has nation-wide funds of about $25 million annually for precisely this type of work, and the state gets a minimum $500,000 extra to dole out as it sees fit. Starting during Mayor Krajewski’s term, our village government got pretty good at writing for grant requests and filling applications (way, WAY harder than it sounds).

Last year all of the federal money was granted, but like I said, our village staff is pretty good at putting together a grant request, plus we have the detailed engineering study and can produce proper plans documenting what’s to be done. FEMA likes that.

In 2007, the state awarded only a bit over $100K of the $500K available. That left almost $400K unused. We could use that each year easy. I emailed VM Pavlicek and asked if we are applying both as an applicant (for federal money) and as a sub-applicant (for state funds), and Megan is supposed to get back to me.

Home Rule Sales Tax (HRST) Hike

Tuesday council approved raising our HRST based take from ½ cent to ¾ cent. Technically, they’re raising it 50%. It does have a sunset clause and “become null and void at the end of the debt service issued for stormwater related improvements.”

Each ¼ cent of Home Rules Sales Tax currently generates $2,300,000.

Misses

Non specific Tele-Tax hike.

They also approved a 1% hike in the telecommunications tax, from 5% to 6%, a 20% raise in the rate.

The proposed increase will take effect on July 1, 2008. Revenue generated by this increase in FY08 is estimated to be $410,000, which will be used to fund expenditures in the Capital Projects Fund. The full year revenue generated by this tax increase for FY09 is estimated to be $820,000.

There is no sunset clause for this tax hike, because it fuels the Capital Projects Fund. The money can be spent on whatever the village says, whether it be sewers or streets…or a new Fleet Services building, a new Police Station, or a new Civic Center.

A Great Idea

Linda Kunze reads minds.

Staff has been working on this one off-radar, but it’s a great idea and deserves to see the light of day.

I’ve been talking about a single downtown waste hauler since the last election; then we can do recycling downtown, cut down on garbage truck traffic, and we could make our alleys and business rear areas look a lot better. The village could also place recycling cans around downtown; permanent ones instead of the temporary ones we see at downtown events.

Talk about a topic no one wanted to hear.

Linda Kunze, Downtown Manager of the Downers Grove Downtown Management Corporation, thinks it’s a great idea, is in a position to do something about it, and is pushing forward. The village has committed to build a total of three common dumpster areas around downtown, to centralize and clean up collection areas, making it very easy for downtown commercial businesses to recycle just like we do at our curbs every week.

This means tons of paper, cans glass, all going to recycling instead of to landfills, and we get cleaner looking alleyways. That opens the possibility for further development. Check Naperville’s downtown: there are a couple areas where there are backyard restaurant patios, and rear-facing clusters of shops on former alleys. I’m not saying that’s what will happen, I’m saying those types of things become possible.

The first centralized collection area goes in this spring, the two additional units the following year. Downtown Downers Grove will get the businesses invested in the concept and use. Council can help move things along by making it clear they support this, and expect businesses to get on board.

This is just one example of recycling bins. Here’s another where local artists design and build recycling receptacles out of recycled materials. The possibilities are many.

Bravo, Ms. Kunze.

Best Christmas card this year…

…from the residents of 5300 Walnut, Cameo Condos. Sent nominally by Lorraine Tresnak, it was a communal card with a 6 page insert:

“Dear Mark,

As the holiday season approaches we here at Cameo wish to extend our heartfelt thanks and appreciation for all the time and effort you devoted to our cause.

Best wishes and season’s greetings to you and your family.”

It’s signed by a bunch of the residents who live there. As sweet as any holiday treat I’ll have this year, that’s for sure. Thank you all, and you’re welcome!

The Bullet We Dodged

Lest you think the village could have any real control over a C&D facility, see what Woodridge is going through…

C&D Update: Winding Up Some Loose Ends

Tonight the resident volunteers of the Plan Commission voted to send a positive recommendation to council to adopt into our muni code a new definition of “recycling collection facility”. This effectively mirrors the state definition, which is very good for residents here in our village. Village also defers to the Illinois Environmental Protection Act for further defining, as separate and distinct, a “construction and demolition debris facility” and a “transfer station”. This is a 180 degree turnaround on a definition that originally said they were the same thing, and avoids opening a potential Pandora’s Box of problems for the village. In addition to the Plan Commission, the resident volunteers of the Environmental Concerns Commission acted in a key advisory role to village council on this matter.

Recycling collection facility. A facility or site designed for the purpose of receiving articles or materials limited to non-hazardous, nonspecial, homogeneous, nonputresable materials such as dry paper, glass, cans or plastic , which are to be transported to another location for distribution or processing, which may or may not be the principal use on the lot where located. The term “recycling collection facility” as used in this Zoning Ordinance shall not include general construction or demolition debris facilities as defined in 415 ILCS 5/3.160, and transfer stations as defined by 415 ILCS 5/3.500 , facilities located within a structure principally devoted to another use, facilities temporarily located on a lot under authority of a temporary uses, and facilities for collecting used motor oil which are necessary to an automobile service station.

The modifications clarify that construction and demolition debris collection facilities and garbage transfer stations as defined by the Illinois Environmental Protection Act are not included as a permitted or special use in the Village.

This will be work shopped at the council on 12/11, and I expect council will approve the following week at the regular village council meeting on 12/18, so I do not anticipate any further action being required. (I’ll post up if that changes!)

This ends a long period of uncertainty for several hundred residents of Downers Grove, and effectively commits our local government to observing and adhering to the intent and spirit of the state Environmental Protection Act.

There’s plenty of you out there that know what’s up when I say thank you for your help, for your emails to council, your voice, and for your kind words of encouragement. It was very gratifying to see residents and business alike, from many different perspectives, listen, look critically and thoughtfully, come together on a consensus, and make a difference.

Proper Definitions

On my way through researching the legislative history and intent of 415 ILCS 5/22.38, I came across two definitions that were left out of the current definitions section, but that our village can and should use. That makes a total of three definitions that should be written into our muni code, and there should be no hesitation to write more as needed.

Keep this in mind: the village could have simply adopted by reference the Environmental Protection Act and/or the Environmental Safety Laws in their entirety. This still stands as an example of our local government almost going off a cliff and creating problems instead of solving them.

Recycling Collection Facility. A “Recycling Collection Facility” is a site or facility that accepts only segregated, nonhazardous, nonspecial, homogeneous, nonputrescible materials, such as dry paper, glass, cans or plastics, for subsequent use in the secondary materials market.

Straight copy from 415 ILCS 5/3. 375. That’s one.

Commercial general construction or demolition debris recycling center. “Commercial general construction or demolition debris recycling center” means a site or facility that accepts from more than one source only general construction or demolition debris that is generated off-site so that recyclable materials will be separated and removed for subsequent use in the secondary materials market.

The current Sec. 3.160 definition of commercial general construction or demolition debris incorporates 5/3.78a. Take a look at the header for that section (415 ILCS 5/3.160) (was 415 ILCS 5/3.78 and 3.78a), so there is a rational basis for using this second separate definition, which is 5/3.78a. That’s two.

On-site general construction or demolition debris recycling center. “On-site general construction or demolition debris recycling center” means a site or facility used by any person accepting only general construction or demolition debris that is generated by that person’s own activities at the site or facility or transported within or between sites or facilities owned, controlled, or operated by that person, so that recyclable materials will be separated and removed for subsequent use in the secondary materials market.

That’s a straight copy of 415 ILCS 5/3.78b new. That’s three, that’s a wrap for now, and our local government can go back to fixing our streets and flooding.