What is going on in Brookfield? Six fires in one week!!!

Five fires set on Brookfield's north end
4-30-08
On the afternoon of Sunday, April 27 someone appears deliberately to have set five fires on the north end of Brookfield, one of which seriously damaged a garage.

The fires were all reported between 1:40 p.m. and 4:20 p.m., the majority of them started in garbage receptacles next to garages. Fire Department personnel responded to fires at 3222 Maple Ave. and 3215 Arthur Ave. just after 1:40 p.m. In both cases, someone started fires in the plastic garbage cans. The garage at 3215 Arthur Ave. suffered some charred paint.

Just after 3 p.m., the fire department responded to 3309 Arthur Ave. and 3228 Arthur Ave. where garbage cans were ablaze. Fire damaged the garage at 3309 Arthur Ave., while smoke and fire damaged items inside the structure.

At 4:20 p.m., emergency personnel responded to 3120 Arthur Ave. In that incident a pile of mulch beside the garage had been set afire, doing minor damage to the siding.

Brookfield home sustains major damage in fire
Family escapes unharmed; cause still under investigation
4-30-08

Fire heavily damaged a south side Brookfield home on the afternoon of April 24, with high winds whipping flames to the property's detached garage, charring it as well.

Emergency personnel from Brookfield police and fire departments responded to the blaze at 4301 Vernon Ave. just after 3:30 p.m. when they saw smoke billowing from the area near the intersection of Vernon and Shields avenues, a half block east of Brookfield's main firehouse.

Lenzi said that three family members, a mother and her son and daughter, were at home when the fire started and that all escaped injury. Family pets were also rescued from the home, Lenzi said.

A Brookfield police officer reported that he was on patrol in the 8900 block of Shields Avenue when he saw flames coming through the slats of a wood fence at 4301 Vernon Ave.

Opening the gate, he reported seeing a tan plastic garbage can on fire under the deck stairs.

In all, 15 emergency vehicles responded to the fire along with personnel from a dozen communities. Vehicles and personnel from three other communities, meanwhile, were called to the village to man the fire stations as Brookfield firefighters battled the flames.

It took 20 minutes for firefighters to get the flames under control, said Lenzi and the entire main floor of the home was damaged by fire, smoke and water. A portion of the roof on the east side of the house collapsed. The upper portion of the garage also sustained heavy fire damage.

Lenzi said the fire appears to have started in the vicinity of the raised deck attached to the rear of the house, but that the exact cause of the blaze was still under investigation.

Two years ago, in April 2006, the home directly south of 4301 Vernon Ave. sustained major damage as the result of a fire.

Building department forced closed for two days because of too many FOIAs

What are the employees at the Village Hall trying to hide or cover up?
Where is the open and transparent government that Garvey promised?

4-18-2008
Brookfield’s building department was forced to shut down for two days while staff worked around the clock to gather a voluminous amount of material to fill Freedom of Information Act requests from one individual.

The Freedom of Information Act provides that any person has the right to request access to agency records or information. Village President Mike Garvey said there have been more than 40 FOIA requests from one individual since the beginning of the year. The department had to close Wednesday and Thursday to fill some of those requests in the seven-day time period required by law.

“The average resident who knows nothing about this is going to be affected the most,” Garvey said. “They may not understand why the building department is unavailable.”

Building permits usually take about 24 hours to complete, but now residents are going to have to wait three days.

All those people in the building department and nothing getting done. Why?

Riverside resident and Brookfield business and property owner Steve Campbell said he has submitted the requests because he wants to unveil any corruption in the village government. The majority of his requests include zoning code violations and special assessments, he said.

Why are they taking so long? What are they trying to hide or cover up?

“I am the one who has submitted over 40 FOIAs because I am investigating what appears to be a very corrupt and self-serving administration,” Campbell said.

Terry Mutchler, the Illinois attorney general’s public access counselor who handles matters regarding freedom of information, said it’s unique to hear of a public body closing their doors to fill FOIA requests. In her five years on the job, she’s never heard of such a situation.

“On one hand, we applaud (the public body) for the attempt to comply, but it needs to be able to operate while compiling a FOIA,” Mutchler said. “They should be looking a little more critically at the request.”

She said the requests seem extreme and the village should consider whether the request is unduly burdensome.

Brookfield Village Manager Riccardo Ginex said Campbell has prohibited three employees from doing their work because their time is spent filling the FOIA request.

“I have a box full of files for him to come and view. That was two and half weeks ago and he never viewed them,” Ginex said.

Campbell said the village has not provided him with any notice that there are documents ready to view, and said the village is grand-standing with its two-day closure.

“I am investigating sub-standard performance by employees, and they don’t like it,” Campbell said.

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Comments from Residents …
Sheila
04-18-2008
Yep, grandstanding, and maybe a little "lock the doors and hide the incriminating documents" work?

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Mags
04-19-2008
Freedom isn't free. A citizen has every right to ask for and receive these documents and receive them in a timely manner. Maybe you will want to access documents to, for example, ascertain if your real estate taxes are being calculated properly. You might have a deadline to meet to avoid penalties. The workers should remember who REALLY signs their paycheck and quit grumbling about having to do their jobs.

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Sandy & Pam
04-21-2008
The Village of Brookfield Building dept was "forced to shut down" in order to gather a "voluminous amount of material" for FOIA requests???? Sounds a bit melodramatic. So, it takes one person's "voluminous" requests to put the VOB Building Dept into a tailspin and shut it down for 2 days? Glad this person didn't ask for any FOIAs from the Police or Fire Dept. seems like grandstanding to me.......perhaps they do have something to hide? If there is corruption, then it should become public knowledge. Let's not have the village officials hide behind the "we're over worked" excuse. Looks like damage control. Do your job and quit whining to the media.

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Lee Vassos
04-21-2008
Why is this particular business man being harassed by the Village of Brookfield? What about all the other business owners that have peeling paint, gutters that need cleaning, etc. Seems to me this business man has the right to not only file FOI Requests but also a Discrimination Charge with the Attorney Generals Office. Corrupt is Corrupt. What are you guys afraid of?? Ginex better clean up his act quickly!!

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Joe O'ryan
04-21-2008
I agree with Lee shouldn't we require accountability in government? Maybe an investigative reporter would be interested in this story?

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Wil Brennan
04-22-2008
Fortunately, there is a law regarding freedom of information. Many items of interest are not reported accurately or fully and a citizen has the right to know. The unfortunate response to FOIA's has been inspections by the "blight police" as retaliation.

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Shaun Pace
04-22-2008
Forced to shut down seems pretty extreme. Maybe someone should've been Forced to file the request 4 months ago, but that just seems too simple. Mr. Garvey is complaining that there has been more than 40 FOIA requests from 1 person since the beginning of the year. You would think that after 4 months the person would've received at least 1 of the requests, but maybe he'll get one since the office was shut down for 2 days so they can file (shred) some papers.

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Bill Russ
04-23-2008
The Village Manager should quit complaining about the staff being over worked and follow the laws. After all everybody at the Village Hall is making some big bucks!

New business; no parking

Is this what happens when you donation big money to the P.E.P. Party campaign fund?

4- 21- 2008
A potential Brookfield sports bar and grill owner is seeking a variance from village ordinance requiring the business to have more than 40 dedicated parking spaces — something that’s a little tough to find on Grand Boulevard.

Martin Serwinski, owner of the proposed bar and grill — now a vacant and boarded-up property at 3747 and 3747 1/2 Grand Blvd. — said he doesn’t anticipate a parking problem if his patrons share parking on Grand Boulevard with other businesses on the street. Serwinski said he believes other business owners are under the assumption he wants to take over 43 of the public parking spaces for his use only.

“People are misconstrued that they think I am getting 43 spots; I don’t own the parking,” Serwinski said. “The village owns it.”

The village requires a certain number of spaces for tavern and restaurant use based on the total square footage, the number of bar stools and the number of employees. Serwinski is requesting a variance to reduce the required number of parking spaces for his restaurant and bar.

Village Manager Rick Ginex said the village controls parking spaces, and other business owners want specified spaces. He said that allocated spaces are not possible since no one has private, off-street parking.

“We have a lot of commuter lots we use for commuters and employees,” Ginex said. “We don’t have the area for parking decks.

Keith Sbiral, director of building and codes for Brookfield, agreed that 43 private parking spaces would not be feasible. But he said the village staff understands there’s a hardship concerning the zoning requirements and the availability of private parking ownership.

In the past he believes the staff may have counted the public parking as spaces eligible in the zoning requirements; however, Sbiral said, this is not allowed.

“The variation will move forward with a positive staff recommendation,” Sbiral said.

Serwinski doesn’t believe there will be parking issues when his restaurant opens. He said the sports bar and grill will be a nice sit-down and family oriented spot during the day and early evening.

The restaurant will turn into a bar in the evening and will allow adults the chance to enjoy a game and the nightlife, which he believes will bring more people into the area to see what Brookfield has to offer.

Ticket fees about to go up in village

Brookfield is almost bankrupt and needs more (cash) revenue!
All those people hired from Dupage County working in Village Managers office make big bucks!

4-18-2008
Ticket fees may increase if a proposed ordinance is passed at the next Village Board meeting in Brookfield.

Brookfield’s Police Chief Steven Stelter said fees have not been raised in 15 years and the department hopes the hike will make people take note of — and abide by — the laws.

“The goal is not to generate revenue,” Stelter said. “(We are trying) to get people to comply with the law.

(Somebody should tell this guy that everything else in the Village of Brookfield is about revenue. The Village is almost broke; we all know it is all about the revenue!)

Mike Garvey, Brookfield’s village president, said any money made will go to support the Police Department. He said any revenue will help cover the cost of having an officer out on the street enforcing the rules.

(So Garvey it is about the revenue)

“We are not going to buy new vehicles or buildings,” Garvey said. “(The increase) will cover cost of employees and having fuel.”

Stelter said the ticket fees that will increase are: parking tickets from $20 to $35, compliance tickets from $10 to $20, police security at events from $46 to $60 an hour, and a new false alarm ticket will range from $100 to $200.

Garvey said the new false alarm policy will ensure business owners and residents check their alarm system to make sure they are in working order. Many businesses and homes in the village have security alarms, and when the alarm sounds, police respond.

Stelter said if officers respond to one location four to five times, the fine will be $100 and if the alarm goes off six or more times the fee will rise to $200.

“We looked at and found a lot of fees and policies that were never reviewed,” Garvey said.

The ticket fee increase ordinance is expected to be voted on at the April 28 board meeting.

Southview Avenue paving project lives in legal limbo
Even if land deal OK’d, Brookfield runs risk paving street in ’08
4-16-2008

Soggy following last week’s rains, Southview Avenue just east of McCormick Avenue was covered with water-filled potholes.
Parts below taken from the Landmark
Of all the streets in Brookfield, one of the most forlorn, historically, has been Southview Avenue in the Hollywood section of the village, between McCormick and Woodside avenues.

More alley than roadway, it has never had curbs or gutters, pooling rainwater on the north parkway and in driveways. West of McCormick Avenue, the street has a curb on the north side of the street, which has made a dramatic difference.

East of Rosemear Avenue, the street has finally failed. Since mid-winter the pockmarked blacktop has been covered completely with gravel to level out the driving surface. It's an effort that's had little success. First, a brutal winter and, later, driving rains have made the street a pothole-laden swamp.

"Ever since they put the gravel down it's been worse," said Sylvia Gross, who has lived in her home on McCormick Avenue for 52 years. "My driveway is in a mess."

Village officials say they are confident that the street could be rebuilt this year, but the project was scheduled to be completed in 2007 and has been twisting in the wind of a legal issue that still hasn't been resolved.

Part of the Southview Avenue improvement project involves widening the street by acquiring a 3-foot wide and 1,000-foot long piece of property that extends from Woodside Road to the alley just west of Rosemear Avenue.

Acquiring that property will allow the village to widen the parkway on the north side of Southview Avenue by three feet, shifting the street south. The new street would have a curb and gutter on both sides to address drainage issues.

Without the additional three feet on the south side of the street, the village would have to remove most of the 23 trees on the north parkway to provide room for a curb and gutter.

The trouble is, officials are not at all sure who owns that narrow strip of land they covet.

"If I knew the answer to that, this would be a lot simpler issue," said Village Attorney Richard Ramello.

The land does not belong to the Cook County Forest Preserve District despite the fact that the land immediately south of the 3-foot strip is forest preserve land. The oddly shaped parcel has been on the books and in private hands since at least the early 1900s, according to Ramello.

There is some belief that the parcel may have been created as a so-called "spite strip" to block the development or expansion of the property south of Southview Avenue.

The theory, though Ramello said it wouldn't hold up today in a court of law, is that by creating the 3-foot strip, one could prevent street access from Southview Avenue to property south of the street, thus blocking development.

Since September 2007, the village has begun two parallel strategies to acquire the land. The first seeks to obtain the property through the Cook County No-Cash Bid Program, which allows municipalities to acquire tax-delinquent property at no cost.

According to Ramello, real estate taxes have not been paid on the property for the past 15 years. The total amount owned for the taxes is roughly $8,500, said Ramello.

Brookfield concurrently has been pursuing eminent domain to acquire the property. If an owner comes forward to block the eminent domain proceedings, it could result in a lengthy delay.

In late March, Cook County notified Brookfield that its no-cash bid for the property had been forwarded to the Tax Delinquency Subcommittee for approval. If all goes well Brookfield could receive its certificate of purchase by the end of April.

According to Ramello, however, that doesn't mean the issue is dead. There's a six-month period during which taxes can still be redeemed by the owner-whoever that is.

The property was held in a real estate trust that has since lapsed, and Ramello said that neither the title company that held the trust nor village has any idea who owns the property.

If Brookfield wants Southview Avenue to be completed in 2008, officials are going to have to risk someone coming along and redeeming the taxes after the street is built. Or they could wait until 2009.

WHY CAN’T WE LOOK FOR VOLUNTEERS TO RESTORE THIS WAR MEMORIAL? THE VFW, THE BEAUTIFICATION COMMITTEE OR CONSERVATION COMMITTEE?
… WHY?- NOBODY ASKED THEM!

Memorial to get facelift
Firm that painted U-505 to restore Sabre jet in Ehlert Park
4-9-2008 Landmark
A Korean War-era jet that stands as a war memorial in a Brookfield park will get a much-needed face-lift this spring and the work could be finished prior to Memorial Day.

Village Manager Riccardo Ginex announced last week that the village will spend just over $8,500 to have the jet repainted, courtesy of the same company responsible for the exterior paint job of the U-505 submarine on display at the Museum of Science and Industry in Chicago.

Summer Street work to begin but only ONE block south of the tracks will be done!

Brookfield street work to begin mid-month
Parts of Oak, Vernon, Garfield avenues to be completely rebuilt
4-1-2008
By BOB UPHUES
Street improvement projects in Brookfield will begin in a matter of weeks after village trustees voted to award a $1.55 million construction contract for the work at their board meeting March 24.

Village Engineer Derek Treichel said that work on seven blocks of village streets should begin "mid-April" and is scheduled to wrap up any time from mid-August to early September.

Letters detailing the effort will be sent to residents of the blocks where construction is to occur. Among the streets affected will be Oak Avenue and Vernon Avenue from Garfield Avenue to 31st Street; Garfield Avenue from Maple Avenue to Prairie Avenue; Forest Avenue from Brookfield Avenue to Lincoln Avenue; and Grove Avenue from Shields Avenue to Rochester Ave.

BROOKFIELD GOES INTO THE HOUSE RENTAL BUSINESS WITH TAX-PAYER DOLLARS. WHAT IS THE LIBRARY BOARD THINKING AND WHO MADE OUT ON THIS BACKROOM DEAL?
THE PRESIDENT OF THE LIBRARY BOARD SHOULD RESIGN!

Library looking to rent Arden Ave. house
3-25-2008 Landmark
Having failed to get a single offer on the home it owns at 3507 Arden Ave., the Brookfield Library Board is now seeking to rent out the home and holds out hope for a buyer to step up in a very weak housing market. (Looks like taxpayer dollars are going to waste here)

Last week the Library's Board of Trustees passed a resolution authorizing the library to rent the home with the option of terminating the lease with 60 days notice.

The Library Board passed the resolution because they had someone who had expressed interest in renting the home; however, on Monday library public relations coordinator Carol Mattar said that the interested party would not be renting the home after all because they had found somewhere else to live.

In December the library put the home up for sale, but specified a minimum bid of $410,000. It received no bids. Now the library is willing to entertain all offers but has still has yet to receive an offer according to Mattar.

The library bought the home for $400,000 last summer as part of a plan to assemble land for a new library building. That plan has been abandoned, and the library is looking for other sites.

"The board's goal is to sell the home," said Library Board President Jonathan Platt.

However renting the home would generate some income as the library looks for a buyer.

"The idea is that we can generate some income form the property and maintain the ability to sell," said Platt.

In order to save money, the library is trying to sell the home itself without using a real estate broker. It has not specified a new minimum price that it is now willing to accept nor has it disclosed the rent it would charge if it can find a renter.

"We don't anticipate taking anything that we would consider too low," said Platt.

Peraica's son gets jail time for 2007 DUI
Candidate calls jail sentence ‘very disturbing’
3-19-2008

“Marko Peraica” County Employee	“Tony Peraica” Cook County Commissioner

The son of Cook County Commissioner and Riverside resident Tony Peraica was sentenced to 30 days in Cook County Jail and two years conditional discharge for a 2007 driving under the influence conviction.

Marko Peraica, 27, was convicted of DUI in a bench trial last year in connection with an accident that occurred on Oct. 11, 2007 on southbound I-294 near I-290. Peraica was improperly changing lanes when his car clipped another vehicle, according to a spokesperson for the Cook County State's Attorney's Office.

State Police reported that Peraica appeared intoxicated, but he refused to submit to sobriety tests.

A pre-sentence investigation prior to Marko Peraica's March 13 sentencing date included a drug test, which he failed. He tested positive for both marijuana and cocaine, according to the state's attorney's spokesperson.

Last Friday, Tony Peraica, who is the Republican candidate for Cook County State's Attorney in November, said the jail time ordered by Associate Judge Domenica Stephenson was "very disturbing."

While it was Marko Peraica's first conviction for DUI, the October 2007 incident was not his first arrest for the offense. Marko Peraica was arrested on Sept. 29 in Brookfield and charged with DUI after a traffic stop in the 8900 block of Ogden Avenue. Peraica also refused all sobriety tests in that incident.

Marko Peraica is employed as a clerk for the Cook County Circuit Court. He also performs as a hip-hop DJ under the name "The Oracle." According to his web site, he was scheduled to perform at a night club in Miami next week.

Blighted building back in village's sights
Small fire uncovers over a decade of problems on Ogden Ave.
3-12-2008

It took a minor fire, but the owners of a blighted building on Ogden Avenue that has been the source of complaints for nearly a decade have been put on notice by the Village of Brookfield that they must bring the structure into compliance.

Firefighters were called to 9508 Ogden Ave. around 3 p.m. on March 4 after several emergency calls about fire seen coming from the roof of the two-story, brick building, which has two vacant commercial spaces on the ground floor and residential units above.

The fire was started, said Chief Patrick Lenzi, by roofers using a propane torch on the northwest corner of the roof. By the time fire personnel arrived the roofers had doused the blaze on the roof, but firefighters poked holes through the roof and used a thermal imaging camera to make sure the fire hadn't spread. Lenzi also reported that there was a haze of smoke in the second-floor hallway.

But firefighters also uncovered something else. First, the roofing work had not been permitted by the village. Second, there was evidence that eight one-room apartments were being occupied on the second floor of the building; despite the fact the village had declared such an arrangement illegal as recently as October 2004.

"The building's got so many violations at this point, we're going to have to look at some kind of comprehensive solution for this," said Assistant Village Manager Keith Sbiral, who also serves as the director of the village's Building Department.

The building department slapped "stop work" notices on the windows of the first-floor immediately after the fire, and village building inspectors and Sbiral were inside the structure last Friday.

"It's a dangerous place to be," Sbiral said.

Brookfield Library may take a hit on home sale
After no bids surface for Arden Ave. site, officials will field all offers
3-5-2008

“Tax payer Purchased House for Sale or Rent”

With no takers the first time around, Brookfield Public Library officials may be looking to sell property it owns on Arden Avenue at a loss.

At their board meeting Feb. 27, library trustees voted unanimously to approve a resolution that allows the library director to field any offers for the home at 3507 Arden Ave., whether they're above or below the library's original asking price of $410,000.

"Because it's no longer a closed bid, there is no longer a minimum bid," said library board President Jonathan Platt. "People can tender whatever bid they feel is appropriate and the board will follow up on that."

The board was scheduled to open sealed bids on Feb. 27 for the Arden Avenue property, which the library purchased for $400,000 in July 2007. The property was one of five the library sought to create a large enough parcel to build a new facility at the corner of Arden and Washington avenues in the village's Hollywood section.

Prior to putting the property up for sale last December, another $7,500 in improvements were made to the home, resulting in the $410,000 minimum asking price during the sealed bid period, which ended Feb. 26.

However, the library received no bids for the home, prompting the library board to forgo the sealed bid process for an open bid process. Despite the lack of formal sealed bids, Litland said, there has been interest in the property. She said that she has shown it more than a dozen times and that one party has viewed the property at least twice.

Asked if she expected an offer soon from that party, Litland replied, "I would say that is possible. ... It should be [coming] shortly."

Litland declined to name the interested party.

Litland would not confirm whether the library was seeking a lead deal with the Village of Brookfield. In November, Village President Michael Garvey sat in with library trustees on a closed session about land acquisition.

However, Garvey stated last week that "nothing was going on" related to a land deal with the library.

"We're always willing to work with the library if there were options down the road," Garvey said. "The ball is kind of in the library's court at this time."

NOTE!!! “So we hear” the Village of Brookfield may buy the house???

Brookfield water hike will be 4%

(Section on Brookfield from 1/22/08 Landmark)

At their meeting on Jan. 14, the Brookfield village board voted to increase the village's water rates by 4 percent in 2008, and indicated similar hikes would follow in 2009 and 2010.

In November 2007, the Chicago Water Commission notified suburban customers that due to increased costs for infrastructure maintenance and operations, the cost for water would jump 44 percent between 2008-2010.

That increase did not mean that water bills would be going up that amount, since actual charges for water comprised just part of the municipal water bill.

For example, Brookfield's water rate in 2007 of $3.68 per unit (100 cubic feet of water) included more than charges for the water itself. Administrative and maintenance costs made up $1.57 of that amount.

Beginning with water bills mailed out March 1, Brookfield's water rate will increase to $3.84 per unit. The minimum quarterly bill for Brookfield water customers will rise to $38.40 (based on use of 10 units of water).

Brookfield will also be raising its sewer charge, which is part of the water bill, from $1 to $1.04 per unit. As a result, the total water/sewer rate will be going up 4.3 percent in Brookfield in 2008.

In real dollars, that means that a property owner using an average of 30 units of water per quarter will see the water/sewer portion of his bill increase annually by $20.

Cop contract will go to arbitration
Brookfield officers want to keep12-hour shift schedule

1-8-2008

The last time Brookfield police and village officials fought over a union contract for patrol officers and sergeants, it took 15 months and an independent arbitrator to help get the job done.

It may take even longer for the two sides to get a deal done this time.

Brookfield's police union is preparing to file paperwork to call in another independent arbitrator to break an impasse in contract negotiations over the way police shifts are scheduled in the village.

Police have been working without a contract since April 30, 2007, when a two-year deal ended. But while the two sides have agreed on every other major issue, scheduling remains a stumbling block.

Police rank and file want to retain the 12-hour shifts they have been working since 2004, but the village has imposed its right under the old contract to revert to the eight-hour shift schedule in place prior to that date.

Both sides met for a second time with a federal labor mediator on Jan. 4, but the union decided to break off negotiations and call for an arbitrator to resolve the issue.

Village Manager Riccardo Ginex said that the issue of scheduling was strictly a management issue and that the village didn't understand why scheduling is even an issue.

But the union's lawyer, Gary Bailey, said that while the most recent contract handed that prerogative to management, the union wanted that part of the contract changed. Bailey is an attorney with the Illinois Fraternal Order of Police Labor Council, which represents the Brookfield FOP.

While Bailey said that Brookfield officers will work the eight-hour shifts during 2008, the union will seek to change that from 2009 forward.

"There is a clause in the contract that the village can change the schedule as they see fit," Bailey said. "That's the part we want to renegotiate."

Ginex said the eight-hour shift schedule will cut down on the amount of sick time officers take and increase productivity, while the union maintains that 12-hour shifts put more officers on the street and allows the department to avoid incidence of minimum staffing levels.

He also said that the eight-hour shifts will allow supervisors more contact with officers under their command. Under the 12-hour shift format, an officer works only two or three days at a time with two or three days off in between. Officers also get every other weekend off.

"The command staff found that communication in the entire department was lacking," Ginex said.

There's also a cost issue, Ginex added. If an officer calls in sick, a replacement costs the department 12 hours and time-and-a-half rather than eight. According to the 2006-07 village audit, Brookfield paid some $27,000 more in police overtime than it budgeted, a number attributable to the shift arrangement, according to Ginex. Numbers were not available for the eight-month 2007 fiscal year, which just ended.

Under the eight-hour shift format, officers work five days, get two off, work five days and get three off.

"Each schedule has its advantages," said Police Chief Steven Stelter, who walked into the labor dispute when he was hired late in 2007.

"It gives employees a significant amount of time off and they work fewer days throughout the year. But it's hard to keep continuity and communication tends to break down."

But the 12-hour shifts make the community safer, said Bailey, explaining that half of the force is on duty at any one time instead of one-third.

"What we're proposing is putting more people on the streets," Bailey said. "We still haven't heard a good reason why the 12-hour shifts didn't make any sense.

"It's not only beneficial to the officers, but to citizens."

While no one is sure just how long it's going to take for an arbitrator to make a ruling on the issue of the shift scheduling, it's likely to remain unresolved until mid-2008, according to Bailey.

Any pay increases which have already been agreed upon by both sides will have to wait until a new contract is finalized.

"The raises won't kick in until this is over," Bailey said. "That's how strongly they feel about this.

Brookfield seeks 7% property tax levy hike
12-19-2007

Brookfield's village trustees on Dec. 10 voted to approve a 7-percent property tax levy extension for 2007; property taxes levied in 2007 will be collected in 2008.

However, Brookfield is unlikely to get a property tax hike of 7 percent due to tax cap legislation, which caps annual tax increases to either 5 percent or the Consumer Price Index, whichever is smaller. The tax cap rate for 2007 is 3.3 percent. Brookfield, like many other municipalities, is asking for more than the cap amount in order to capture tax revenue from new construction, which is taxed at the full amount for the first year it comes on the tax rolls.

"If we don't attempt to capture all of the tax dollars, we will not come close to capturing what we need to pay for operating costs," said Village Manager Riccardo Ginex.

Brookfield expects to collect roughly $7 million in property taxes to fund village operations and another $1.3 million to fund the Brookfield Public Library. In 2007, Brookfield collected roughly $6.5 million in property taxes to fund village operations. The reason the village expects to collect so much more in 2008 is that the equalized assessed value of properties in the village has gone up by some $4.4 million.

"We hope to capture 4.6 percent more in dollars for the village alone this year," said Ginex. "With the library added in the total is 5.01 percent. But we won't know the actual levy until mid-2008."

Just a big pile of problems
THE LANDMARK VIEW
11-28-2008

If it's autumn (well, it's actually getting more and more like winter every day) then there must be a huge, stinking pile of leaves somewhere in Brookfield. Kind of like a game of Russian roulette, you never know just when it's going to go off in your neighborhood.

This year it's at the corner of DuBois Boulevard and Burlington Avenue next to the Congress Park train station. Trucks come and go regularly, either dumping loads of the rotting plant material onto the pile or noisily carting some of them away. And, man, it stinks. We quite frankly don't know how the people who live nearby-and there's one apartment building about 10 yards away-put up with it For the past two years, the giant leaf pile was out of sight, out of mind. The village got a bonus gift from Brookfield Zoo, which let the village use a parking lot as a temporary leaf-holding area. That was great, but it wasn't a permanent solution. Four years ago, the leaf pile was directly between several apartment buildings and businesses near 47th Street and Vernon Avenue. That turned out to not only be a neighborhood nuisance but a political pain in the neck.

There has been some mention made of paving the village's Public Works lot on Eberly Avenue and storing the leaves there permanently in the future. While that makes some sense in theory, the practice may be just as flawed. After all, that lot is just an alley's width from a residential neighborhood. Those people are going to be thrilled when the prevailing west winds blow that smell into their backyards and kitchen windows.

Actually, we're not so certain that the village collecting the leaves is such a great idea. Oh, sure, residents can rake the leaves into the gutter and go back inside, but do you see what the trucks leave behind when they're done scraping the leaves from the street? It ain't pretty. What happens when the snows come early, like in 2006? Piles of leaves on the street frozen in snow.

This is what comes of politicians trying to lure voters with promises of doing their yard work for them. It's a great idea, except for the not-having-a-place-to-put-the-leaves part.

So what the village needs is a comprehensive plan for either collecting leaves raked into the village's streets, have residents rake up the leaves and put them out in the alley where the village's waste hauler will pick them up (heck, they'll do that right now) or change the village's waste hauling contract and have the waste hauler collect the leaves without having to store them in the village.

Of course, that'll cost more money-which will be passed on to residents-but you can't get anything for free. Witness the current situation.

Getting your leaves collected for free by the village is great-until they dump the rest of the village's debris next door. Those folks? They're paying the price.

Leaves piling up on former Moose Lodge lot
Village, developer say no deal discussed
11-6-2007

Photo by Bob Uphues

A mountain was born in this neighborhood in the fall.

When Brookfield residents rake their leaves into the street each fall and a big truck carts the leaf piles away, most never give a thought to what happens with them after that. For many years, the leaves were simply piled behind village hall until the old "berm" (a kind word for dump) was removed earlier this decade.

In 2003, leaves suddenly became an issue when the village began dumping them on a piece of village-owned property behind the 4600 block of Vernon Avenue. A business owner lodged a complaint, the Illinois Environmental Protection Agency got involved, it became an issue in the press. The leaves were removed, but the annual tap dance of where to put them remained.

For the past two years, Brookfield has hauled its leaves to Brookfield Zoo, which allowed the village to use a parking lot to store them before other trucks could come by and remove them.

This year, the leaves are back in a more conspicuous place, specifically in the old Brookfield Moose parking lot in the 4000 block of DuBois Boulevard. Snow fencing, anchored in sand barrels and forming a perimeter around the lot, was erected a couple of weeks ago. In the past week, trucks carrying loads of leaves come and go throughout the day. Occasionally a semi-tractor comes in to collect a portion of what's there.

By last Friday afternoon there were two distinct piles, both some 6 feet high or more. Downwind, the acrid scent of decomposing leaves was powerful. While the site is near Ogden Avenue, the lot is surrounded by residential structures. A six-unit apartment building at 9509 Burlington Ave. sits just yards from the leaves.

"I thought they had a lot of nerve to do that without letting us know," said Mary Farina, who lives across the street from the old Moose lot. While her home has been upwind of the leaf piles, she complained about the noise of trucks bringing leaves to the site "all day long."

"When they put the netting up, I thought, good, they're going to tear [the old Moose building] down," Farina said. "But they don't seem to care about this side of town much."

At some point, the Moose Lodge will be demolished. The owner of the property, Michael Beckerman, currently has a townhome plan under consideration by the village. The village board is expected to discuss the preliminary plan for the development, which was recommended for approval by the village's Plan Commission, on Nov. 12.

In fact, it was the assistant village manager, Keith Sbiral, who is also the head of the village's Building and Planning department, who approached Beckerman about using the asphalt lot for temporary leaf storage. Brookfield Zoo did not extend the invitation to the village this year and the village's public works lot, which may have been a logical place, is unpaved. One requirement for storage according to the IEPA was that the area must be paved.

"We were in a tight situation, the outlay to pave the public works lot was expensive and not in our budget, and this lot was available,' Sbiral said. "There was no (official) agreement made. I just asked Mike if he would do it to help the village in this situation."
Beckerman said that he was happy to oblige the village and that he didn't feel in any way pressured to accept the invitation because of his pending development application.

"It was pretty simple," Beckerman said. "They called and mentioned they had a need, and I said sure. That was it; I'm not using the lot. All along I've done anything I could to be a good neighbor."

According to Sbiral, this year's solution is a temporary one. The way the village collects leaves will be reviewed for next year, he said, and may be part of the village's contract discussions with its trash hauler as it works out a new deal.

He also said that a portion if not all of the public works lot should be paved in the future, which could solve some of the problem of finding a place for leaves each year.

As for how long leaves will be piled up on DuBois Boulevard, it shouldn't last much more than a month, and leaves shouldn't remained piled there indefinitely.

"Our commitment to Mike [Beckerman] was to keep it moving fast," Sbiral said. "We don't want to fill the lot and leave them there."

Silence Golden?
THE LANDMARK VIEW
7/24/07
Time was when Brookfield's village board meetings were lively affairs where there was a lot of give and take between trustees. The talk didn't always center around an actual policy issues and more often than not strayed into political speechmaking. But at least you knew where people stood.

Maybe we're jumping the gun here in believing a new trend has developed, but during the meetings since the April election that swept PEP into complete control of the village board, you can hear a pin drop when it comes to trustees discussing issues.

During the two meetings in July for example, trustees have silently considered issues relating to everything from imposing new property taxes to creating liquor licenses. Twice in the past two meetings, trustees have failed to even bring issues to a vote due to the lack of a motion or a second. While it would appear obvious where the trustees stand on those issues, we suppose, it'd be nice to hear why.

On Aug. 13, the village board will vote unanimously to impose a new property tax to fund special recreation activities and make up the difference on the cost of developing Ehlert Park. We're sure there are excellent reasons for doing both things, and we'd like to hear trustees tell residents just why that is.

Believe us, we're not pining for the days when trustees bickered with each other and revised history to suit political ends. What we're asking is that the board discuss issues, weigh in on their points of view, suggest changes, ask questions, proffer opinions on why something might or might not be appropriate.

Silence does make for nice, short meetings. But they're also short on clues to how elected officials process information and make decisions. That, we presume, is not the goal.

Residents Say Keep Hollywood Quiet, Residential
Little support for commercial/high-density residential development on Brookfield Ave.
By BOB UPHUES
7/17/2007
The Hollywood section of Brookfield is a quiet neighborhood known for its tree-lined streets and single-family homes. And it ought to stay that way.

That was the message roughly 100 residents sent to village officials last Thursday night during a two-hour town hall meeting that focused on everything from mass transit to commercial and residential development to traffic to the Brookfield Public Library to the relationship of the neighborhood with its most famous neighbor, the Brookfield Zoo.

In what was mostly an amiable give and take between residents and the village's planning staff, citizens sent the message that the key to Hollywood's future was strengthening its single-family character and abandoning any hope for economic redevelopment of its tiny commercial strip on Brookfield Avenue.

That now-obsolete retail strip was identified as ripe for commercial and residential development in the Brookfield 2020 Master Plan adopted by the village in 2005. But the district's antiquated zoning and secluded location have made it difficult for retail and service businesses to succeed.

The master plan envisioned the area taking greater advantage of the commuter rail stop at Hollywood Avenue to draw visitors going to Brookfield Zoo and to build higher-density housing to support businesses in the area.

"This is a quiet residential area," said resident Neil McDonald, who is also a member of the village's Zoning Board of Appeals. "You can't impose an economic development plan on it to make it a commercial theme park of 'Welcome to Zoo Land'. The zoo's not going to get any closer to the train."

Resident Mike Glazik said that one of the master plan's weaknesses was that it relied too heavily on a relationship between the Hollywood train station and Brookfield Zoo.

"It makes a big deal out of using the Hollywood station to connect with the zoo," Glazik said. "I see no advantage in hundreds of people [walking through Hollywood] to get to the zoo."

Keith Sbiral, the village's assistant manager and the head of its Building and Planning Department, suggested that perhaps the Hollywood section should not be part of the Brookfield 2020 Master Plan at all, since the master plan is an economic development document.

"Maybe a Hollywood neighborhood plan would be more appropriate," Sbiral said. "If there's no economic viability and you need to build condos to sustain the businesses, maybe you don't want the businesses at all."

Instead of seeking retail uses for the few commercial structures at the east end of Brookfield Avenue, residents suggested trying to attract professionals to set up offices there rather than retail. John Benedetto, owner of Johnny B's Bar and Grill at 8436 Brookfield Ave., said that the zoning needed to be updated to make that transition possible.

Currently the zoning district allows for such uses as gas stations, but doesn't allow professional offices. The zoning, in other words, no longer matches the reality of the district as a commercial area.

Residents were four-square in agreement about prohibiting high-density housing in the neighborhood. That sentiment was consistent with fall's uproar over a proposed five-story, 60-unit condominium building at 8544 Brookfield Ave. In addition to limiting construction to 2.5 stories, resident also suggested that the village should encourage the construction of more single-family homes and should tighten the zoning code to prohibit the construction of oversized homes as a result of teardowns.

"Teardowns could be an opportunity or a threat," Sbiral said. "We need to look at it before it hits the village."

Residents also appeared nearly unanimous in their opposition to building a new public library in the northwest corner of the Hollywood section at Washington and Arden avenues. While last Thursday's meeting was intended to focus more on the neighborhood's small commercial area, the library was an inevitable subject as talk turned to future threats to the area.

Mention of the library as a threat drew the biggest applause of the evening. It also drew an impassioned defense of the library board from Sandra Baumgartner, the president of the Friends of the Brookfield Library.

"They know this plan might fall through," Baumgartner said of the library trustees, "but they felt they didn't have time to go through the community process. But in spite of the perception, there's no done deal."

The library board is expected to close on the purchase of a piece of residential property at 3507 Arden Ave. late this month. Other similar land purchases may follow.

Sbiral said that the information from Thursday's meeting will inform amendments to the zoning code, and that work on making the code more clearly reflect the wishes of neighborhood residents should begin in earnest by late August.

Library Takes Heat Over Land Buy
Residents suggest other locations, want more input
By BOB SKOLNIK
7-10-07
Approximately 75 people, many agitated and angry, crammed into a small conference room and two overflow rooms to vent their opinions Monday night at the Brookfield Public Library as the library board held a two-hour public hearing concerning its planned purchase of a home at 3507 Arden Ave.

The purchase, which is scheduled to close at the end of this month, is the first of what the library hopes is a series of purchases of up to five private homes in the Hollywood section of Brookfield. The library is planning on eventually tearing down the homes it buys and building a new library to replace its current cramped quarters at 3609 Grand Blvd.

Most of the crowd at the hearing spoke out against the plan, and some expressed outrage that the library board did not consult with the public more before signing an intent to purchase agreement to buy the home at 3507 Arden Ave. for $400,000.

Many complained that the board had already made up its mind. The public hearing was required by law to be held before the purchase of any property.

"You have already made up your mind, and you don't give a damn," said Hollywood resident Frank Drazan.

Others agreed with that comment.

"I think it is audacious of the board to purchase the property without the approval of the voters," said Barb Krueger, one of many who expressed that sentiment at the sometimes loud and contentious meeting.

Some asked why the board would want to purchase homes in the most expensive section of Brookfield.

"We don't have to buy a house in the most expensive part of Brookfield to build a library," said Michelle Huedepohl. "I'm disgusted that they went ahead with these plans."
A few people spoke in support of the plans of the library board.

"We have one of the worst libraries I have seen in my entire life," said Jennifer Perry. "I'm proud of this library board to actually take an innovative step to address this problem."

The current library, built in 1985, is too small, does not have adequate meeting space, and does not have adequate parking Jonathan Platt, the president of the Library Board of Trustees told the crowd.

The largest meeting room at the library has a capacity of only 32 people, a number that was exceeded Monday night. The library does not comply with the requirements of the Americans with Disabilities Act (ADA), lacks study rooms, doesn't have enough computer work stations, and has only 10 parking spaces, Platt said.

"I grew up in this area, and I only came to this library a handful of times because it didn't have the materials," said Ariel Steffens.

The library board maintains it needs a new building because the foundation of the current building is not strong enough to support another floor.

"When this library was built it wasn't built to last for 50 years," said board Vice President Margaret Blasage. "It's only a million dollar building. We're trying to keep up with what people want and need in these libraries."

But a few people thought the current library was adequate and saw no need for a new building.

"I don't think this is a good idea," said Ronald Sowa. "I like the library. It doesn't look overloaded to me."

Some suggested various alternative locations for a new library, including the now defunct Paw restaurant at the corner of Brookfield and Hollywood avenues, the now empty Church of the Nazarene church at 4301 Prairie Ave. across the street from Ehlert Park and a few other locations.

Platt said that the library board is still keeping its options open, although he said that the board has a contract pending to buy another house in Hollywood.

Platt agreed that a more central location would be ideal.

"If we could do it in a central location that was financially feasible, we'd do it in a minute," said Platt. "It comes down to what's available in a limited space landlocked village."

The library has a $2 million dollar line of credit from the First National Bank of Brookfield that it can draw upon to finance its purchases, or it can use reserve funds for the first purchase. It plans on renting out the homes it buys until it can mass the necessary land to build a new building.

If the library cannot amass the land to build a new library at its preferred location on Arden, it can always sell the homes it purchases, Blasage said.

"What we've done is give ourselves an option," said Blasage. "Maybe we'll find a better option."

But Platt said that the board has looked at a lot of options already.

"People in their anger have trouble in accepting the fact of how much work we put into looking around," said Platt. "We put a tremendous amount of time looking around."

Platt said that he understood that some people felt the board should have let people know earlier of its plans, but said that public disclosure is not easy to do when discussing real estate transactions.

"We had to think about what we needed to do if we were to develop the library," said Platt. "I definitely understand why people wanted and felt let down that we didn't consult first. On the other hand that's not how a development person works."

Platt repeated Monday that the library is seeking members for a new Library Advisory Committee of citizens, which will advise the library board on plans for the library's future.

Blasage said that the board will soon move to purchase a second home in Hollywood. But she maintained that the board still has an open mind and is willing to look at other options for a new library.

"We are welcoming suggestions," said Blasage. "If there are pieces of property that you think we should consider, please tell us."

Getting Back On Plan
THE LANDMARK VIEW
7/3/2007
Economic development in Brookfield is one of those political footballs that is forever kicked back and forth, often to no avail. Every couple of years it's an important talking point of politicians eager to unseat incumbent candidates, charging that they have done nothing to improve the economic fortunes of the village.

For the most part, the charges are basically accurate. Economic development in Brookfield has occurred strictly according to market forces. And the market has not been particularly generous to Brookfield.

That's why Brookfield's effort back in 2003 and 2004 to formulate a master plan for the village and its commercial areas was such a departure from previous efforts at economic development. It laid out specific (if sometimes overly optimistic) scenarios that could move the village forward and bring its commercial potential into the 21st century.

The trouble is that after two years, little has been done to address key aspects of the master plan that would make it possible for the kind of development envisioned there to actually move ahead. However, the village may be moving on looking at those issues now.

The first stab at addressing the master plan will happen next week at a town hall meeting regarding the Hollywood section of the village and what its future should look like. That is a good idea, but it's also a small idea. While Hollywood is an important and historic neighborhood in the village, it has little in the way of an economic future. Its commercial buildings were built to serve another era, one that will never again exist.

Where the village really needs to focus are on three areas-Ogden Avenue, Grand Boulevard and 47th Street-the areas in the village with the greatest potential for economic opportunity.

In the village budget there is a line item for $75,000 to fund a TIF study. While a TIF could certainly be used to advantage on Ogden Avenue, creating a TIF is a long, sometimes contentious process. It's going to take time for both officials and residents to be educated on the concept of TIFs. And it is almost certain to become political ammunition (the village presidential election is in 2009), which will complicate and slow the process. Best case scenario, a TIF could be created by sometime in mid-2008.

Forty-seventh Street, still relatively untouched, needs attention. Its zoning needs to be updated in order for Brookfield to move on economic opportunities afforded by development across the street in McCook. While that development is still in its beginning stages, it will come, and Brookfield needs to ready to respond with an attractive land use plan for developers.

Momentum in Brookfield's traditional Grand Boulevard downtown has slowed. While it's taking a look at Hollywood, perhaps officials could do the same for Grand Boulevard. What can it look like, what must it look like for the area to succeed. It's time to take the master plan and shape it into reality.

Ehlert Park Plan Estimates 100 Percent Over Budget
Dilemma to scale back or cut other village services
By BOB UPHUES
6-26-2007
Brookfield officials are scrambling to find a way to fund improvements for Jaycee/Ehlert Park after estimates to develop the eastern portion of the park came in over 100 percent higher than budgeted.

Initial estimates pegged the long-awaited park improvements at just under $800,000, but at Monday night's meeting of the village board, trustees received sticker shock when they learned that the plan is now expected to cost over $1.6 million.

The increase in the cost is related to several factors, according to Steven Konters from the Hitchcock Design Group, which is managing the design process for the village. They include increased construction costs since the original plan for the park was mapped out in 2003; costs for field drainage, which weren't included in the original estimates; costs for burying electrical wire, a provision not expected in the original plan; and construction contingency costs, which were originally estimated much lower. The initial estimates also apparently didn't include any costs related to site preparation, including surveys, soil borings and site testing.

"My first reaction to the design was that I was very excited," said Village President Michael Garvey. "Then the price tag came in. We have to figure out what we're going to have to do here."

The village is going to have to find answers to the problem quickly. Assistant Village Manager Keith Sbiral said that the goal is to put the project out to bid in late August. In order for that to happen, he wants the board to approve either cuts to the plan or cuts to other areas of the village's budget to pay for the improvements.

"We'll take the next two weeks to work with Hitchcock and determine where we can make amendments to get a plan that gives us the most value for the money," Sbiral said.

The village acquired the L-shaped park property from School District 103 in 2004 for $2.15 million. Part of that purchase was funded by a $750,000 Open Space Lands Acquisition and Development (OSLAD) grant. A condition of that state grant was that the village began developing the vacant land as a park within three years, or in 2007.

Since the village lacked all of the funds necessary to complete the improvements, which were estimated at roughly $800,000, the village sought and received a second OSLAD grant in 2006 for just under $400,000. The village was responsible for matching that amount.

Hitchcock Design Group, responding to neighbor concerns over the location of a new parking lot and park security, redesigned the plan. The basic elements of the plan remained-a full-size soccer field, junior soccer field, youth baseball diamond, skate park, bocce court, shelter and walking paths-but Hitchcock added provisions for field drainage and onsite water detention and increased lighting among other things.

The parking lot was moved from the corner of Sunnyside and Shields avenues to a site farther south on Sunnyside Avenue to reduce traffic and parking concerns on Shields and Vernonavenues and to place it closer to the full-size soccer field. In addition, the skate park was relocated west of Sunnyside Avenue south of the main fire station to move it farther away from residences and increase opportunities for surveillance by placing it adjacent to the parking lot and fire station.

A naturally landscaped water detention area is slated for the north end of the property, one that will not retain water over long periods of time but will ease drainage on the fields to the south. The park area to the south has drainage which Konters describes as "poor."

What village staff and trustees must now do is decide what, if any, elements they wish to reduce or take out of the plan to lower the cost of construction. To eliminate any elements, however, the village must get approval from the Illinois Department of Natural Resources, which administers OSLAD grants in Illinois.

There was some thought given to eliminating the skate park (a $194,000 line item) and replacing it with another, lower cost alternative or reducing its size. Konters also suggested that the parking lot could be reduced in size and less lighting be installed now and phased in later.

"I'm going to ask the staff to mesh this proposal with a budget amendment," Garvey said. "We need to find out how we can make these park improvements without breaking the budget."

LOOKS LIKE THEY DID ALREADY!

Small Town 101
6-27-2007
Monday night's Brookfield village board meeting was about a lot of things-liquor licenses, co But it was also about how the village relates directly with residents and responds to their problems. Three residents came to the village board pleading for help from the village.

One sought relief from a neighbor who, he says, is illegally running a business out of his home and storing potentially dangerous substances on the property. Another was a resident asking the village to address an overcrowding problem in the single-family house next door. The third was a married couple, one which happened to have a tree fall on their garage a couple of weeks ago, alerting the village to another potentially dangerous situation with the neighboring property.

The reason that these people took the extraordinary step of bringing their pleas to the village board is because they don't feel they are getting the response they deserve. Their impression is that the village is somehow protecting those who allegedly flout the village's zoning and blight ordinances, while they are stuck living with problem neighbors.

Village officials are frustrated, too. There are procedures to follow. There are laws that prevent certain actions. Legal action is slow to produce results and consumes staff time and money.

This is the delicate balance every municipality faces. But for residents, these are the problems that really matter. That neighbor who won't fix the broken window, the guy who won't clean up after his dog, the guy who dumps ladders and tarps next to the garage-you grind your teeth and mutter under your breath each time you walk out of the house.

It drives people absolutely crazy.

Is the village doing nothing to help solve the real problem properties in the village? No. It's clear that they are addressing the problems-via letters, blight adjudication hearings, visits from inspectors and, in some cases, police.

What frustrates people most, though, is that they don't see any result. After years of going to hearings and being told the situation is being addressed, the problem is as bad as ever.

That's where the village-not just Brookfield necessarily, but every municipality-has to start putting real pressure on the worst offenders, sooner. If there is a dangerous situation, then the village can't sit back and wait. It should seek a remedy as soon as possible. If that means legal expense and time, then so be it.

If someone is running an illegal construction business out of a home or garage, then, yes, it may take a daily visit by an inspector and constant fines for a number of weeks to get the message across that it's not going to be tolerated.

If four families are living in a single-family home and the village lacks an ordinance to deal with the situation, then it needs to produce one now, before the situation becomes an epidemic.

What people don't want to hear is that there are processes in place and we will continue to follow those processes until the situation is rectified. People want to hear, "Your problem will be solved."

What people want is responsiveness to protect their homes and families and neighborhoods. That's Small Town 101, and Brookfield needs to get better at doing that.

A Tree Falls In Brookfield
Family says village moved too slowly; village says it did everything it could

Photo by Frank Pinc
Crushed: Dan and Mary Flynn stand before a pile of debris that was formerly their garage. After two years of warning that an overhanging tree could fall on the structure, last week it did just that.
By BOB UPHUES
6-13-2007
Back in April 2005, Brookfield resident Mary Flynn wrote a letter to her next door neighbor hinting that the box elder tree towering over their driveway could fall on their garage.

"Your trees are becoming a safety issue for our property and although the cost is high we believe that if nothing is done the cost will be much higher if one of those trees fall on our garage or property."

Nothing was done. Despite pleas to the village to help the Flynns force the removal of the trees and many e-mails back forth to and from village officials for over a year, as of last week, the trees still stood.

On a breezy afternoon last Thursday a tree cracked in two and flattened the Flynns' garage. No one was hurt.

But the Flynns were mad. Mainly at the Village of Brookfield.

"They told us, 'We'd take care of it,'" said Mary Flynn, who for the past seven years has lived in the house on the 9400 block of Monroe Avenue with her husband, Dan and their two kids, Hannah, 9, and Michael, 3.

"They told us they were preparing papers. When we had a meeting in January, they made it sound like it'd be a two-week deal. It's ridiculous."

That meeting, on a cold January day this year, involved Mary Flynn, another neighbor, the owner of the home next door with the box elder tree, and four village employees, including the assistant village manager, village planner, forester and building inspector.

But it wasn't until recently that village trustees decided to take legal action against the owner of the property next door to the Flynns.

According to an e-mail to Flynn dated April 24 from Assistant Village Manager Keith Sbiral he stated that he had "contacted the village law firm today to emphasize the importance of the tree issue on your neighboring property. ... I do not expect to achieve compliance from your neighbor, so the village will have to move forward from this point."

That move forward came, according to Village President Michael Garvey, via a directive by the village board during an executive session in May for the village to seek an injunction against the neighbor to have the tree removed.

"It is a frustrating legal process, but people have individual property rights," Garvey said. "We can't just go on people's properties and take their trees down."

Asked why the village didn't take action in January, Garvey said he wasn't aware of the January meeting with village staff. Village Manager Riccardo Ginex said that the village acted appropriately.

"It had been in adjudication," Ginex said. "We were trying to get them amicably to take this tree down. The village has to be very careful about that. People are very property-minded. That's why these usually result in a civil issue."

That it might have been difficult to persuade the next door neighbor to take down the trees should have been plain to anyone looking at the case.

The house at 9403 Monroe Ave. has been in and out of blight adjudication for years. The Landmark filed a Freedom of Information Act request for all adjudication information on the property last Thursday, but was unable to obtain the information before press time.

Mary Flynn and another neighbor, Randy Cain, said they had showed up at least five hearings related to the property. At one point, it appears the village fined the owner of the property, Paul Carey, several hundred dollars.

According to records obtained from the Cook County Recorder of Deeds, the village had placed a lien on the property back in 1990 because of a delinquent water bill. In June 2003, the house was in foreclosure. However, in 2004, the mortgage was paid off.

Paul Carey does not live in the home; his ex-wife, Heather, resides there. Son-in-law Steven Ross said that Carey has no homeowner's insurance for the property.

Ross defended Heather Carey, saying that the village ruled that the tree was not in imminent danger of falling down and that it looked to be a healthy tree.

A May 10, 2006 e-mail between village employees appears to validate Ross' contention that the village didn't see the trees as a hazard.

"I spoke to [forester] Scott DeRoss and [former building inspector] Bill Kernan," wrote Building Department employee Lydia Strebing. "Scott reevaluated the trees and decided they did not have to come down but needed to be trimmed."

The trees were never trimmed, but Ross said the village could have had access to the property to get that done.

"They didn't have an access problem," Ross said. "[The village] has had long enough to make a decision, but they're hedging their decision."

Garvey dismissed Ross' contention that the village is at fault, saying the blame rests solely on Carey, the property owner.

"It's absolutely ridiculous for the offending property owner to have criticism of the village," Garvey said. "It would have been cleared up if people just showed respect for their neighbors. I stand by the fact that we did what we could and were moving forward by taking what I feel was an extraord The tree that fell crushed the Flynns garage. On Thursday afternoon, the tree still lay atop the crumpled roof while three garage walls angled outward. The east wall had fallen over completely. The family's SUV, parked in the driveway, was covered by a large branch and leaves, but escaped with a broken windshield and scratches. When the tree was removed later in the day, the garage collapsed in a heap.

The Flynn children, who often play in the driveway were not around at 2:15 p.m., when the tree split apart. Michael was taking a nap. Hannah was finishing her last day of school. Two or three hours later, the children might have been outside with their dad, who likes to set up his grill next to the garage.

By Monday, the demolished garage was removed and the Flynns retrieved property that hadn't been destroyed. It's now in the hands of their insurance company, which will be investigating whether the neighbor or the village could be charged with negligence.

The incident had one unintended effect-the trees that once overhung the driveway and property are now gone. The village received an emergency OK for tree trimming crews to enter the neighbor's property and cut down the tree that split along with at least two others that were damaged when the box elder fell on them.

Village Delayed Legal Action Over Tree A Year
Threats had little effect on homeowner
By BOB UPHUES
6-19-2007
The Village of Brookfield ordered a "dangerous" tree removed over a year before that tree split in two and flattened a garage at 9405 Monroe Ave. on June 7. Despite that order on April 3, 2006, subsequent demands for removal of the tree and a $750 fine, the village apparently did not begin contemplating legal action against the owner of 9403 Monroe Ave. until late April 2007.

Records obtained by the Landmark through a Freedom of Information Act request also indicate that Assistant Village Manager Keith Sbiral was frustrated at a lack of direction on how to proceed against the offending homeowner, at one point warning that neighbors demanding the tree's removal perceived the village's lack of action as incompetence.

In an e-mail to village lawyers on April 24, 2007, Sbiral wrote:

"The first time that a trustee brought the issue to my attention was almost a year ago today. So far the issue has been at adjudication several times and there has been absolutely no resolution. I have made several promises based on conversations with Tom [Bastian, an attorney with the village's law firm, Storino, Ramello & Durkin] that the village would either take this case to court or go on the property and cut the tree down.

"Unfortunately, now we have another adjudication coming up Thursday [April 26] and we will again have all the neighbors in attendance and they are essentially pounding the drum that we are inept and ineffective."

In apparent response to Sbiral's concerns, the village hastily prepared to bring the matter before a Cook County Circuit Court judge. Village Forester Scott DeRoss on May 9 made a sworn affidavit that he had inspected the tree on April 26 and that it posed "a hazard to the health and safety of any person who might come into proximity of the tree."

That was roughly the same assessment DeRoss made back in April 2006.

On April 3, 2006, the village sent a letter to Paul Carey, owner of 9403 Monroe Ave., stating that "the three box elder trees on the west side of your home have been declared as dying and in dangerous condition by Mr. Scott DeRoss, the forester of the Village of Brookfield.

"All three trees must be removed as soon as possible but no longer than 30 days or by Monday, May 1, 2006."

But, by May 2, 2006, DeRoss appeared to backtrack from his assessment of the trees' condition. A Brookfield Code Enforcement report notes that "trees do not have to be removed."

Six months elapsed before Bastian wrote another letter demanding the trees be removed. The letter, dated Nov. 10 and written on the stationery of Storino, Ramello & Durkin demanded that the trees be removed within 15 days and that a $750-per-day fine would be assessed after that unless the trees were cut down.

"If the condition is not corrected ... the village will cause the dead trees to be removed and remaining trees to be trimmed and all costs associated therewith will be charged against you, the property owner and a lien for said costs and fines will be recorded against the property."

The village does not appear to have ever followed through on the $750-per-day fine threat, and the village never started any legal action after the 15 days were up.

The village received a response from Carey in January of 2007, a letter, stating he had no intention of cutting down the trees after getting an independent assessment of their condition and in light of DeRoss' assessment in May 2006 that the trees didn't need to be cut down.

Still, the village did not start legal action to get the trees removed until April. On April 24, Village Attorney Richard Ramello responded to Sbiral, saying he was "instruct[ing] my office to draft a complaint for mandatory injunction, which should be ready tomorrow. Assuming that the ins There's no evidence that a lawsuit was ever filed.

Asked to comment on the matter last week, Sbiral said that the village considers it a matter of pending litigation and that he couldn't say anything.

Asked about the frustration he voiced in his April 24, 2007 e-mail to the village's attorney, Sbiral admitted "I had gotten to the point where I was frustrated with the inability to move forward."

Mary Flynn, whose garage was crushed by the fallen tree on June 7, said she and her husband, Dan, had not filed any legal action regarding the matter and that their insurance company was handling it. The couple's homeowner's insurance is covering most of the costs associated with the incident, including $9,200 for tree removal, $1,500 to demolish the garage and $3,000 to repair damage to their damaged SUV. 

Chamber President Resigns After Five Months
Says Brookfield doesn’t support businesses
By BOB UPHUES
5/29/2007
Five months after stepping into the role as the president of the Brookfield Chamber of Commerce, Steve Campbell announced his resignation from the post at last Thursday's chamber board meeting.

Betty LeClere, the owner of Betty's Flowers on Broadway Avenue who was first vice president of the chamber, was named the new president of the organization. LeClere is the mother of recently elected village Trustee David LeClere.

Campbell largely blamed his decision to bail out on a lack of communication and support for the business community from village hall.

"I'm disgusted with the performance and behavior of the village manager, assistant village manager and board," Campbell said. "They made it impossible for me to move the chamber forward. Maybe another person will have more success."

Campbell said that the village wouldn't cooperate with plans the chamber had to move its annual car show to Grand Boulevard this summer, a situation that ended with the car show chairman and chamber vice president, Jeff Wahl, resigning his post as well.

While not an official chamber event, Campbell also pointed to the fate of Oktoberfest, whose future is currently in limbo after initial indications that it would happen this fall.

There was also a public disagreement in March between Campbell and village officials over a Chamber of Commerce proposal to hang "Buy in Brookfield" banners on the light poles in the village's business district. Before allowing the banners, village officials wanted an ordinance on the books, despite the fact that the village had previously allowed other banners. The village board later passed a generic sign ordinance related to banners, which would have allowed the chamber banners with few restrictions.

The disagreements with Campbell and village hall are not new, but Village Manager Riccardo Ginex has had little patience for Campbell, who has been known to file repeated requests for information and contact village hall staff sometimes on a daily basis.

By March, Ginex notified Campbell that only the village manager would receive communications from him, and then only formally in writing.

Ginex said he did not know that Campbell had resigned from the chamber presidency and said he couldn't comment on why Campbell was singling him out for blame.

"I have no idea what he's talking about," Ginex said.

Village Trustee C.P. Hall, who serves as the board's liaison to the chamber said that previously the chamber had an amiable relationship with the village and that getting village OK for events had been routine.

"Mr. Campbell seems to make his own problems," Hall said. "If the desire is to have an argument, then it becomes something that, eventually, people walk away from."

Betty LeClere, the new chamber president, said she does not anticipate a contentious relationship with the village, saying that for the nine years she's been a member, "the chamber has worked with the village. We did not have any problems; they were always cooperative."

LeClere added that the chamber is still hoping to have the car show this summer at its traditional location in the Broadway Avenue business district. As for Oktoberfest, she said it was not something the chamber was pursuing as an event. The chamber is still planning to hold its "60 to Win" raffle this fall.

"I think Betty is someone who can pull this together," Hall said. "She's one of those people who cares a great deal about the chamber. She's a bulldog-type of person who can take a grip of this thing and run with it."

Linda Stevanovich Outgoing Brookfield Trustee

The Landmark Apologizes For The Error.