Thursday, January 18, 2007

Highwood Towers Bulletin #5

URGENT HIGHWOOD TOWERS BULLETIN #5 -- January 18, 2007
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HIGHWOOD NEEDS YOUR HELP NOW! FTC Special Edition -- Guest Columnist
An Anonymous Town of Fort Sheridan Resident Introduction
FTC welcomes comments and contributions from its readers. We first brought you a commentary from former Mayor Sirotti on the outrageous actions of the City Council in levying a 20% tax hike without showing any need or justification. Later, we presented the review of Highwood Towers by Attorney, Mary Sfasciotti. The Highwood Towers proposal is still generating a lot of interest from others who have reviewed the proposal. Today's FTC is entirely devoted to some thoughtful commentary from a Fort Sheridan resident that has taken the time to review MEGA's proposal. In addition to the many hours expended by today's guest columnist, many others are doing similar meticulous research. I can assure you of two things:
None of this would have been possible without the Developer's materials being distributed by FTC. None of this information came from City Hall voluntarily. As a matter of fact, the Mayor actually tried to suppress the distribution of Highwood Towers materials. He actually threatened a resident who obtained the materials before the first hearing. To paraphrase "You better return that book, it doesn't belong to you. Besides you will just give it to Diambri/FTC!". What a shock! The Mayor should be complimenting the resident for their civic interest, and welcoming a review and distribution by the former City Attorney! What is he hiding?
That despite the meager resources available, FTC and its readers/contributors have done far more research and due diligence on the Highwood Towers than the City and it's staff have. WOW!

ONCE AGAIN, The hearing is tonight, January 18, 2007 at 7:00 PM at Highwood City Hall. FTC will bring you more info as the hearing approaches. It is critical that you ATTEND AND EXPRESS YOUR OPINIONS! The trained Chimps, flying monkeys and insincere shills certainly will.
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An Opinion from A Town of Fort Sheridan Resident with A Highland Park ZIP Code Regarding the Development of Highwood Towers on Sheridan Road To Replace the Moraine Hotel

The City of Highwood will soon consider the Proposal of MEGA Properties, LLC to construct the nine story Highwood Tower project. I reside in the Highland Park portion of the Town of Fort Sheridan subdivision. The Town of Fort Sheridan is prominently cited by the Developer as a marketing comparable in their study and presentation. If approved, the Highwood Towers development will have a profound impact on my future residency in the Town of Fort Sheridan. It will also have a significant impact on a number of my Highland Park and Highwood neighbors who currently reside (or will reside) in the Town of Fort Sheridan ”just across the street”. The fate of the Highwood Towers proposal is not known. However, it has already been the subject of a positive recommendation from the Plan Commission and the Zoning Board of Appeals. Their ultimate recommendation will be forwarded to Highwood City Council for subsequent consideration.

All current Fort Sheridan property owners are financially burdened due to the our developer’s refusal to (a) pay a two year assessment obligation of approximately $150,000, (b) perform their obligated major ravine restoration which will cost all owners over $500,000 to save it the ravines, and (c) fully comply with a legal agreement with Lake County. This will possibly delay the complete development of the Forest Preserve acreage which was gifted by the US government to the County by up to ten years. This acreage (valued in the range of $5 million) was conveyed with a restrictive covenant to operate a golf course within the preserve. Needless to say, the Fort Sheridan developer is named as a defendant in the respective unsettled lawsuits. To what degree and when will the homeowners be unburdened? We don't know. Highwood cannot afford to make the same mistake with the Highwood Towers proposal.

What's on the horizon regarding the potential Highwood Tower developer? The wisdom and integrity of the City of Highwood’s governance is, and will be the basis for the outcome of this “win or lose” proposition.

Granted, I don't vote for City of Highwood issues, however, I'm blind to the Highwood/Highland Park boundary line within the Town of Fort Sheridan where I reside. Highwood is my backyard. I bank in Highwood, frequent Walgreens; enjoy the superb restaurants (too often), have both my cars fixed in Highwood; regularly fill my two gas tanks in Highwood; attend St. James parish; use the Highwood Library; love the Highwood Postal service; attend many of the festivities held in Highwood; contribute tax dollars to school districts; and drive the Highwood thoroughfares constantly. I even vote at Highwood Polling places for county and national elections. I have taken the time to study MEGA Properties revised Highwood Towers proposal. That proposal was finally made available to the public last week, but only through the insistence and efforts of private citizens to disseminate the information. I'm personally appalled by how late that the materials were submitted, and the lack of updated data. There are no reasonable assurances that this complex project will be financially successful and completed within the various conflicting time frames contained in the proposal. I've documented many holes in the proposal. Hopefully, these discrepancies will be investigated by Highwood, and explanations provided by the Developer. One glaring omission in the revised proposal, is the lack of any reference to how the Navy PPV development (also across the street) will affect Highwood!

In addition, as far as I can conclude, there is little or no reference in the proposal as to the financial underpinnings of this Developer. What are the source and terms of the construction funding? How will the City guarantee that the developer will meet their promises, regarding quality and time frame? What assurances does the City have that the ever changing proposed (high-end) retail services will materialize?

Will Highwood need to pay for the personnel to cover the responsibility of riding herd on the many construction facets? At what cost? Remember, during the Town of Fort Sheridan development Highwood had significant assistance from Highland Park and even Highland Park was required to outsource many building and zoning services (I only learned about this fact a few months ago due to a need to research early zoning issues regarding my condominium building).

There is a huge fiduciary responsibility facing the Plan Commission, Zoning Board, City Council, and City staff. I pray that they take their obligations seriously, and move forward cautiously.

Signed -- An interested neighbor
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HIGHWOOD TOWERS ZONING MEETING: On January 18th, 2007 at 7:00 PM the Plan Commission and Zoning Board will commence a new hearing for approval of MEGA Realty's nine story, mixed use Highwood Towers proposal. If you care about Highwood's future, you will be there.

Is This Your Idea of Highwood? Actual Rendering of the MEGA Proposal! You will find the Highwood Towers Zoning submittal and related materials on that web site, available for download. In addition, these materials are available for inspection at Highwood City Hall. Further, FTC has provided the City with CD-ROMs containing the PDF materials. You can pick these up at City Hall. Hoping for a better Highwood tomorrow, through your involvement today!
Based on citizen pressure, the Plan Commission and ZBA started over to correct their errors. It's up to you. Keep up the pressure, or let the Developer win. Contact the Plan Commission Members, Zoning Board Members, The Mayor, your alderman, the City Administrator...Attend the Hearing, let them know how you feel

PS - Remember, the FTC "Year in Review" is coming soon!
Bookmark the FTC Web site: http://hwdftc.home.comcast.net/

Wednesday, January 17, 2007

HWD Gov't Alert - Special Edition, How To Count

FROM THE CORNER - January 17, 2007
FTC's Motto -2007 The Way Things Are Going, I Won't Be Nicer For A Long, Long, Long Time!
An Electronic Newsletter – With Highwood News, Information & Entertainment
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CAN WE PLEASE GET A MAYOR THAT KNOWS HOW TO COUNT TO 5?

Highwood's nominal Mayor, Vince Donofrio, is a banker. Highwood's City Administrator is an attorney. Highwood's new City Attorney's accomplishments are listed on his former firm's web site. He has left that firm to work in the public sector. He is now merely "Of Counsel" to his old firm. That means he works for them, but not much. The firm web site boasts impressive credentials for Highwood's part time attorney. Having worked years ago for large municipalities like Naperville, Downers Grove, etc. But, it seems that paying attention to tiny Highwood may be beneath him.
On Tuesday night, what may be a first in Highwood City government occurred. With four aldermen, and the Mayor, (that's 5 elected officials, or 4 + 1 = 5) attending the City Council meeting, and after consulting at length with the City attorney, the Mayor declared that there would be no meeting as there was no "quorum". A quorum is a majority of the Council. For those of you who don't know, Highwood has eight aldermanic positions and one Mayor (OK, I will avoid the gratuitous "shot" about "What Mayor"). In other words, to determine a quorum, the following higher math functions are required:
8 + 1 = 9
9 divided by 2 = 4.5
Round to the next highest number/human -- 4.5 is rounded to 5.
Therefore a majority of 9 = 5
Number required for a Quorum!!! Or, you can simply hold up 5 fingers on one hand, and 4 fingers on the other hand. The hand with the most fingers (5) is the number for a quorum. so, removing your shoes isn't even required!

Don't believe me? Well, here is the law from the Illinois Municipal Code: 65 ILCS § 3.1-40-20. Quorum. A majority of the corporate authorities shall constitute a quorum to do business.

Or in simple language from the Illinois Municipal League Handbook: (Which is a primer in municipal law that everyone has):
"Quorum The Municipal Code provides that a majority of the corporate authorities, i.e., the council or board of trustees and the mayor or president, shall constitute a quorum to do business. 65 ILCS 5/3.1-40-20. Acts...The mayor or president is to be counted in determining whether a quorum is present. For example, if a city has a mayor and fourteen aldermen, the corporate authorities are composed of fifteen individuals. It is necessary that at least eight aldermen, or the mayor and seven aldermen, be present at a meeting in order to constitute a quorum to do business."

So, for the first time in memory, the Highwood Council meeting was called for lack of a quorum. In other words, the City of Highwood Team forfeited. Have you heard of any other town canceling a Board Meeting for lack of interest?

But, the amazing thing is that with all that brain power, degrees and credentials, neither the Mayor, nor the City Administrator, nor apparently, the City Attorney figured out that the City was forfeiting when, in fact they had enough people to field a team. They actually had a Quorum!

So, Highwood gets another "black eye". Remember, FTC is not making the City look bad. The City is making itself look bad, we are merely reporting their actions.

So, the City ground to a halt because no one knew how to count properly. Or more appropriately, apparently, neither the Mayor nor the "professional staff" gave the correct advice. No bills were paid, no contracts were approved, the Mayor's aldermanic appointee and his wife sat in the audience, and the citizens that attended went home. Highwood will go for almost a month with no City Council meeting. Something that has never happened before!
`
Contributions of City Administrator & City Attorney While the mayor illegally declared there was no quorum, the City Attorney sat mute. The City Administrator who has no training in these matters (remember the lack of a degree in Public Administration) sat mute. The City stopped functioning, because of lack of leadership, and lack of knowledge.

But, who needs City Council Meetings at City Hall on Tuesdays? The real management of the City happens at City Hall South on Wednesday nights. So, don't worry, the City is in good hands, well, it's in some hands, just not the hands of anybody that you elected. The guys you elected can't muster enough people for a meeting.

And when they do attend, the City's Banker-Mayor can't count that high. Maybe that explains his desire to approve the Highwood Towers project. The Banker-Mayor doesn't know that Highwood Towers is nine stories. He probably lost count at four stories.

The "Four Story" Highwood Towers Project (Stories Counted By Vince)

HIGHWOOD TOWERS ZONING MEETING: On January 18th, 2007 at 7:00 PM the Plan Commission and Zoning Board will commence a new hearing for approval of MEGA Realty's nine story, mixed use Highwood Towers proposal. If you care about Highwood's future, you will be there.

Is This Your Idea of Highwood? Actual Rendering of the MEGA Proposal! You will find the Highwood Towers Zoning submittal and related materials on that web site, available for download. In addition, these materials are available for inspection at Highwood City Hall. Further, FTC has provided the City with CD-ROMs containing the PDF materials. You can pick these up at City Hall.

Bookmark the FTC Web site: http://hwdftc.home.comcast.net/ or Click this Link: From the Corner
Got a Suggestion or Comment?
E-mail Us At: HWDLAW@aol.com
OR Visit Our New FTC BLOG At: http://hwdftc.blogspot.com/

Make Highwood City government work! If the Mayor and City Council can't run things, it's up to you, the citizens and business owners to do it for them...for yourself.

From left to right: Chimp from HP, Chimp from LF; Chimp from DFLD, commenting at Zoning Meeting REMEMBER, DON'T FEAR THE TRAINED CHIMPS, FLYING MONKEYS, and INSINCERE SHILLS! THEY ARE LOUD, RUDE, IGNORANT, AND HARMLESS! THE CITY BELONGS TO YOU, NOT VINCE'S OUT OF TOWN "CHIMP BRIGADE" THAT HE MUSTERS TO ATTEND MEETINGS, INTIMIDATE AND STIFLE PUBLIC COMMENT. REMEMBER THAT EVEN MILD MANNERED DOROTHY BEAT THE WICKED WITCH'S FLYING MONKEYS.

Thank you for your interest.

Monday, January 15, 2007

Highwood Towers Bulletin #3

URGENT! HIGHWOOD TOWERS BULLETIN #3 - January 15, 2007
Bookmark the FTC Web site: http://hwdftc.home.comcast.net
or Click this Link: From the Corner
Got a Suggestion or Comment? E:mail Us At: HWDLAW@aol.com

FTC's Motto - 2007
The Developer is coming! The Developer is coming! HIGHWOOD NEEDS YOUR HELP NOW!

HIGHWOOD TOWERS ZONING MEETING: On January 18th, 2007 at 7:00 PM the Plan Commission and Zoning Board will commence a new hearing for approval of MEGA Realty's nine story, mixed use Highwood Towers proposal. If you care about Highwood's future, you will be there.


Is This Your Idea of Highwood? Actual Rendering of the MEGA Proposal! And, this rendering may look much better than it actually will when constructed.

You will find the Highwood Towers Zoning submittal and related materials on that web site, available for download. In addition, these materials are available for inspection at Highwood City Hall. Further, FTC has provided the City with CD-ROMs containing the PDF materials. You can pick these up at City Hall.

The Mayor (Bruno Bertucci), his "Vince Team" members, and the City Administrator are hell bent on showing that they are really good at government. Except in this real world, they are trying to demonstrate it by approving the nine story Highwood Towers development in your back yard (if you live anywhere in Highwood it will be in your back yard).

The Vince Team's Next (First?) "Accomplishment" The Mayor should remember that FTC is still going out, enjoyed by its readers and forwarded by the readers to hundreds of others, worldwide. FTC is still exposing the folly of the Highwood Towers and trying to inform the readers in hope of bringing sanity to Highwood's government.

At the last Plan Commission/ZBA meeting in December, facing pressure from informed (and outraged citizens) Maria Lasday must have recognized her conflict (acting as ZBA Chair and Acting City Administrator) and the Plan Commission and Zoning Board decided to republish and reopen the Hearing. The Hearing will commence AGAIN on January 18th, 2007 at 7:00 PM at Highwood City Hall.

Hopefully, this time these Boards will demand that:
The developer present real evidence as to why these substantial zoning deviations should even be considered;
Recognize that these entitlements cannot be granted, because the developer cannot legally justify these deviations--it is factually impossible;
Demand that the City perform its own due diligence studies, instead of simply accepting the developer's self serving studies;
Demand staff recommendations and written reports regarding these proposals, including:
A detailed report on the buildings effect from the City Planners. This should include an explanation of how the building can even be considered in light of the findings in the City's Official Comprehensive Plan;
A detailed engineering report regarding the impact on the City's water, sewer, drainage; infrastructure, etc.
A detailed City sponsored traffic study. A study that does not simply analyze the developer's nonsensical (and inconsistent) assumptions; but a traffic study that starts from scratch;
A detailed City sponsored fiscal impact study. A study that does not simply analyze the developer's nonsensical (and inconsistent) assumptions; but a fiscal impact study that starts from scratch;
An analysis of the true costs to the City by this development; and payment of real, substantial impact fees and donations to the City (not the pittance negotiated by our City Administrator) so the taxpayers are not left holding the bag! Remember the 20% (200K) tax increase...you ain't seen nothing yet.);
A detailed City sponsored parking study. A study that does not simply analyze the developer's nonsensical (and inconsistent) assumptions; but a parking study that starts from scratch;
Take the time to hear public comment (no unnecessary 5 minute limitations);
Continue the Hearing as necessary, to direct the staff and developer to bring back necessary information;
After all, the Plan Commission, Zoning Board and City Council work for you, for the benefit of the City, not for the fat cat Development Team. Attend and remind them.

MEGA Realty preparing for demo of Hotel Moraine. "What do they know?"
Remember, this won't happen magically. It will only happen based on your hard work. Come to the Hearing. Bring a friend or family member. Speak up (you can bet the Mayor and the Developer will pack the audience with their trained chimps, flying monkeys and insincere shills). Demand accountability, investigation and diligence from the Boards. Make Highwood City government work! If the Mayor and City Council can't run things, it's up to you, the citizens and business owners to do it for them...for yourself.

From left to right: Chimp from HP, Chimp from LF; Chimp from DFLD, commenting at Zoning Meeting REMEMBER, DON'T FEAR THE TRAINED CHIMPS, FLYING MONKEYS, and INSINCERE SHILLS! THEY ARE LOUD, RUDE, IGNORANT, AND HARMLESS! THE CITY BELONGS TO YOU, NOT VINCE'S OUT OF TOWN "CHIMP BRIGADE" THAT HE MUSTERS TO ATTEND MEETINGS, INTIMIDATE AND STIFLE PUBLIC COMMENT. REMEMBER THAT EVEN MILD MANNERED DOROTHY BEAT THE WICKED WITCH'S FLYING MONKEYS.

Please advise if you would like to be removed from the service list, or if you know of anyone that would like to receive future Newsletters or information. Also, got any news, info, articles to contribute or story ideas? Let me know.

Hoping for a better Highwood tomorrow, through your involvement today!Thank you for your interest.
Paul P. Diambri
Law Offices of Diambri & Caravello
300 Green Bay Road
Highwood, IL 60040
Phone: 847-433-2800
Fax: 847-433-7270
E-mail: HWDLAW@aol.com

Highwood Towers Bulletin #2

Bookmark the FTC Web site: http://hwdftc.home.comcast.net
or Click this Link: From the Corner

FROM THE CORNER - URGENT HIGHWOOD TOWERS BULLETIN #2 - January 14, 2007

HIGHWOOD NEEDS YOUR HELP NOW!

FTC Special Edition -- Guest Columnist
Mary L. Sfasciotti, Esq.

Introduction
FTC welcomes comments and contributions from its readers. We first brought you a commentary from former Mayor Sirotti on the outrageous actions of the City Council in levying a 20% tax hike without showing any need or justification. The Highwood Towers proposal is likewise generating a lot of interest from people who have reviewed the proposal. Today's FTC is entirely devoted to some thoughtful commentary from Mary Sfasciotti. I have never had the pleasure of meeting her, but I have corresponded with her on the Highwood Towers proposal. I also know that:
She is a resident of the Highwood portion of the Town of Fort Sheridan Subdivision;
She is an attorney, who is deeply devoted to several volunteer causes; has chaired Bar association Committees (If you doubt her credentials, do a quick Google search on her recent volunteerism);
In addition to the info provided by FTC, she has been actively engaged in seeking other information, from other sources regarding the Developer and the Highwood Towers proposal;
She has researched the developer's background;
She has distributed this information within Fort Sheridan (but doesn't have FTC's resources to widely distribute it); so
She has graciously agreed to allow this material to be posted to THE NEW FTC WEB SITE, and distributed directly by e-mail.
In addition to the countless hours expended by today's guest columnist, many others are doing similar meticulous research. I can assure you of two things:
None of this would have been possible without the Developer's materials being distributed by FTC. None of this information came from City Hall voluntarily. As a matter of fact, the Mayor actually tried to suppress their distribution. He actually threatened a resident who obtained the materials before the first hearing. To paraphrase "You better return that book, it doesn't belong to you. Besides you will just give it to Diambri/FTC!"). What a shock! The Mayor should be complimenting the resident for their civic interest, and welcoming a review and distribution by the former City Attorney! What is he hiding?
That despite the meager resources available, FTC and its readers/contributors have done far more research and due diligence on the Highwood Towers than the City and it's staff have. WOW!

ONCE AGAIN, The hearing is January 18, 2007 at 7:00 PM at Highwood City Hall. FTC will bring you more info as the hearing approaches. It is critical that you ATTEND AND EXPRESS YOUR OPINIONS! The trained Chimps, flying monkeys and insincere shills certainly will.

Mary's comments follow. They were written just before the release of the new zoning submittal so some of the numbers are slightly off, but the analysis is still sound. The comments and the supporting documents are also attached as a PDF file for your printing convenience.

A Message From Mary L. Sfasciotti, Esq.
Mary Sfasciotti Photo Unavailable, FTC Simulation

On January 18, 2007, the Highwood Plan Commission and Zoning Board will hold a second hearing to decide whether the property now occupied by the Moraine Restaurant and Hotel should be zoned to permit the development of two nine-story retail/residential "Highwood Towers" containing 172-198 apartments and first floor commercial space. This proposed development will be situated next to North Shore Estates. The developers are Chrisoula Kozinis, President of Mega Properties, Inc. and her husband, Demetrios L. Kozinis, President of Delko Construction Co. and Metron Plumbing. (Exhibits A and B).

The proposed "project manager" for Highwood Towers will be Matthew Andelman, a recent college graduate, whose achievements include being honored as the 2003 Caddie of the Year by the St. Charles Country Club. (Exhibit C).

This husband and wife team have developed similar retail/residential condos in Chicago for the Jefferson Park area, which they tried to push through despite protests of residents that the project would bring more population density and traffic congestion to the area and would devalue their $500,000+ homes. (Exhibits D). The City of Chicago eliminated older stores on the site through the power of eminent domain. But there was a shop that refused to sell, went to court and won the case. (Exhibit E). However, the Kozinis have caused a lot of problems. (Exhibit F) . People beware!
I am concerned about this project and you should be as well. Why? Let me tell you, why: Highwood Towers will be a condominium consisting of 172-198 one and two bedroom condos, situated next door to the 252 decaying North Shore Estates apartment complex. There will be 430 or 450 residential units in a block-long area along Sheridan Road adjacent to Fort Sheridan homes. This is POPULATION DENSITY!
The Koznis' marketing plans are to sell their condos to "empty nesters"(widows and widowers) and "affluent buyers from Lake Forest, Fort Sheridan and Highland Park." Are there that many widows and widowers in Highwood who want to shell out a minimum of $217,000 +for a one-bedroom apartment? Would any "affluent buyer" from Fort Sheridan or Lake Forest want to buy a 750 sq. ft. apartment that has Formica counter tops and vinyl kitchen and bathroom floors?
What will Sheridan Road between Old Elm and Washington Streets look like after this project is built?
Two gas stations at either end; Four or five strip malls ( maybe six with the shops at Highwood Towers); One McDonald drive through restaurant, with a parking lot; One Starbucks drive-through coffee shop with a parking lot; One funeral home with a large parking lot; One overcrowded, roach and mold-infected residential complex consisting of 252 apartments inhabited by lower income folks, with outdoor parking; One 164-198-unit building inhabited by elderly widows, widowers and "affluent seniors".

A total of 430-450 residential units in a one-mile stretch of Sheridan Road, immediately adjacent to Fort Sheridan, with parking lots.

Does the City of Highwood or its Zoning and Planning Board care about the traffic congestion, the air and noise pollution, in a mile-long stretch on Sheridan Road and the inevitable diminishment of the quality of life for the entire area, and especially the Fort Sheridan residents? Can you imagine longer lines of vehicles at the stop lights at Elm Street and Washington Street, once the new housing units are occupied? And all those trucks going and coming, from the West to the East, North and South during construction of 220 Navy residential units at the South End of Fort Sheridan and the 552 new units for the Town of Fort Sheridan? Did the City of Highwood or its Boards and - Commissions undertake any independent impact studies? No! THIS IS NEGLIGENCE!

The developer is asking the City and the Zoning Committee to use a "recent" 2000 Illinois Department of Transportation Traffic Map showing that Sheridan Road had an average of 11,900 vehicles traveling Sheridan Road. In 2000, Fort Sheridan was a dirt pile. THIS IS NONSENSE!
Have the elected officials of the City of Highwood made full disclosure of any ties to the Kozinis, who are generous political contributors? Exhibit G.
Is this project a done deal between the developers, the city fathers and mothers? Why isn't the City encouraging the Kozinis to build at the South end of Highwood's business district which looks like a dump and can use some improvement?
Please, come to the meeting on January 18, 2007.

Signed: Mary L. Sfasciotti
Highwood, IL
E-mail: sfaslaw@ameritech.net
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HIGHWOOD TOWERS ZONING MEETING: On January 18th, 2007 at 7:00 PM the Plan Commission and Zoning Board will commence a new hearing for approval of MEGA Realty's nine story, mixed use Highwood Towers proposal. If you care about Highwood's future, you will be there.

You will find the Highwood Towers Zoning submittal and related materials on the web site (http://hwdftc.home.comcast.net or From the Corner) available for download. In addition, these materials are available for inspection at Highwood City Hall. Further, FTC has provided the City with CD-ROMs containing the PDF materials. You can pick these up at City Hall.

Please advise if you would like to be removed from the service list, or if you know of anyone that would like to receive future Newsletters or information. Also, got any news, info, articles to contribute or story ideas? Let me know.

Thank you for your interest.

PS - Remember, the FTC "Year in Review" is coming soon!

Paul P. Diambri
Law Offices of Diambri & Caravello
300 Green Bay Road
Highwood, IL 60040
Phone: 847-433-2800
Fax: 847-433-7270
E-mail: HWDLAW@aol.com

Highwood Towers Bulletin #1

URGENT HIGHWOOD TOWERS BULLETIN - January 13, 2007

"Highwood Needs You Now - No One Else Is Watching The Store!"
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Vince's Supporters -- The Chimps, Flying Monkeys and
Insincere Shills, Will Be There To Support This Nine Story Mistake
HIGHWOOD NEEDS YOUR HELP NOW!

The following is long but worth it!

HIGHWOOD TOWERS ZONING MEETING: On January 18th, 2007 at 7:00 PM the Plan Commission and Zoning Board will commence a new hearing for approval of MEGA Realty's nine story, mixed use Highwood Towers proposal. If you care about Highwood's future, you will be there.

Is This Your Idea of Highwood? Actual Rendering of the MEGA Proposal!

INFORMATION AVAILABLE: FTC has been planning a Web site to insure that information is readily available to Highwood and our surrounding communities without needing to rely solely on e-mail. The future FTC web site is being carefully planned, and promises to be a real asset to Highwood (especially since the City is in "lock down" mode has essentially abandoned any communication with the public. The City web site is out of date and the City Newsletter is an embarrassment. The last City Newsletter didn't mention Highwood Towers, the tax levy, or the City Administrator debacle).

FTC Launches WEB Site

However, because of the urgency of the Highwood Towers hearing, FTC has launched a temporary web site (FTC Lite). THE ADDRESS IS: http://hwdftc.home.comcast.net/
and HERE IS THE LINK: From the Corner

You will find the Highwood Towers Zoning submittal and related materials on that web site, available for download. How sad it is that volunteers need to bring you the info that the City can't bring you, or doesn't want you to have!

In addition, these materials are available for inspection at Highwood City Hall. Further, FTC has provided the City with CD-ROMs containing the PDF materials. You can pick these up at City Hall. Of course, it is embarrassing that in over a month, the City has not updated it's own web site to make these materials available. It takes the efforts of the FTC volunteers to inform the public.
The City was not able to copy it's own CD-ROMs. FTC had to do it for them.
Apparently, the City has not requested that the Developer (that's the guy that stands to make millions) to:
Reproduce extra copies of the booklets; Make CD-ROMs;
Post the materials on the MEGA site; or Have MEGA pay for the consultant to update the City Web site.
(Even though FTC {and others} have made these suggestions to the City, in the Newsletter; in e-mails; at the zoning hearing; and at City Council meetings. The City didn't even need to think these things up, simply do what the City has done in the past, or just listen to FTC's advice. How Pathetic.

FTC Spreads The Word. Why Is the HP News & The City of Highwood MIA? Vince's Trained Chimps and Flying monkeys have accused FTC of "bashing" the City, or "trying to make the City look bad." The truth is the City is making itself look bad! FTC is only pointing out their continuing blunders. In other words, "The City is making the score, FTC is merely keeping count and announcing the results."

Before we look at the proposal and the process, you should know that since the last meeting, over a month ago, the City published for this new hearing. HOWEVER, THE DEVELOPER DID NOT SUBMIT ITS REVISED PROPOSAL UNTIL JANUARY 9th! IF THE DEVELOPER WAS GOING TO CHANGE THE PROPOSAL, THE CITY SHOULD NOT HAVE EVEN SCHEDULED THE NEW HEARING UNTIL THE CITY RECEIVED THE NEW SUBMITTAL. If the Developer is unable to supply the materials on time, it is the Developer that is slowing down the process, not the City. The Developer should not be allowed to move forward, due to their lack of diligence. It is unfair to the City, and you the residents. The Board members should have been studying this important proposal for a month, not scanning it at the last minute due to the developer's failure to supply it (intentionally?) Was MEGA Late On Purpose?

The Developer has changed the proposal. It is still nine stories, but MEGA is now proposing more commercial space (31,000 square feet) and marginally fewer units (168). The development requires numerous variances/departures from the Highwood Zoning Code and the Special Use requirements. It also appears that the City will be allowing MEGA to construct its access roadway/parking spaces on City parkland!

WHY DO YOU NEED TO BE THERE? CAN'T THE CITY HANDLE THIS THEMSELVES?

Unlike the financial world, PAST PERFORMANCE IS AN INDICATION OF FUTURE PERFORMANCE. Remember, the City approved the first proposal in less than two hours to the stunned amazement of everyone, other than the Developer, and whoever wrote the scripted comments for the Plan Commission Chair, his "wing man" and the former ZBA chair and her "wing woman". It seemed like the other members of the Boards wanted to slow the process down, but were too timid, inexperienced; or lacked the knowledge to turn the tide of this staged event. See "....wool...eyes."

Remember, last time, there was absolutely no staff review of MEGA's proposal, or staff recommendations. In other words, for probably the first time in modern history, a developer's proposal was PERFECT. The ZBA and PC made no recommendations for a single change! BUT, IN ALL FAIRNESS. HOW CAN THESE VOLUNTEERS DO THEIR JOB, UNLESS THE CITY PROVIDES THEM WITH THE EXPERTISE, TOOLS, AND ADVICE THEY NEED, AND HAVE COME TO RELY ON IN THE PAST?


Highwood Staff Review of the Highwood Towers
This time, there is no staff review because the Developer didn't even bother to make its submittal until this week! How can there be any detailed review? BTW, some FTC volunteers have already done an initial review of the new submittal. It's no surprise that the submittal is riddled with more inconsistencies and holes than a slice of Swiss Cheese!

MEGA's Highwood Towers Proposal
The first proceedings were so tainted and botched that for the first time ever, the ZBA and PC had to start over! In an incredible embarrassment to Highwood; a tremendous waste of money and resources for all involved; the first inkling that the Boards recognized their error, and the public sentiment against the Towers; the City pulled the plug and just started over. Or, was it because FTC pointed out that the process was flawed, and the City and the Developer wanted to make sure the process was not successfully challenged later?

Where's the Mayor? We're Lost! Also, it appears that there is no one at the wheel of the Highwood Ship of State. Look at this embarrassing statement from Thursday's HP News about an equally important issue, Highwood's 20% tax increase: "Neither Mayor Vincent Donofrio nor interim City Administrator Maria Lasday returned multiple telephone calls for their comments for this story." This exemplifies the Highwood Administration's recent Highwood "ostrich mentality".

Highwood's Vision


That HP News article also makes a startling statement about Highwood's government. They are inexperienced beginners! Of course, this is directly attributable to Highwood's Mayor, who has crippled the City Council's resources, and the staff's ability to seek professional advice. Look at the startling comments in this week's HP News, about the tax levy:
"Highwood City Council members will reconsider their tax levy vote to seek a 20 percent property tax increase...some of them now describe as a mistake. Three people who attended Finance Committee meetings at which the decision was made said that a mistake occurred which can be undone...The opportunity to make mistakes can be a part of the process...(The City Council) erroneously used the mind-set of a non-home rule community... (Alderman) Pecaro admitted that the complexity of the process and the recent change from non-home to home rule status resulted in a decision that is now widely derided. "We were under the gun," Pecaro said. "Not having done this, we looked like beginners. We made beginner's mistakes."...As a result, many budget issues were brought up that had not been considered."

FTC's Motto - 2007
Well, FTC has an important bulletin for you readers. The tax levy and municipal finance is a snap compared to complex zoning decisions. The tax levy is formulaic, a simple budget and accounting function. And the City messed that up.

Zoning requires thought, study, prediction, and a sensitivity to community needs. It requires a knowledge of the City's history and a vision for the City's future. It also requires years of technical and legal knowledge of what the Developer and the City are permitted to do. It requires a detailed professional, independent analysis BY THE CITY of the impacts of the development. A document request to the City indicates that NONE OF THIS WAS DONE!

"Tradition, Unity Growth" - Highwood's Old Motto

Highwood's (Vince's) New Moto:

So what? You may ask. Well, the rookie mistakes that were made in the City's Tax Levy were in a piece of paper that can be fixed with another piece of paper. A mistake in a zoning decision results in nine stories and tons of concrete, steel, bricks, and glass. That rookie zoning mistake can't be undone. If such a mistake is made, it will last for decades. It will change the character of Highwood forever. Worst of all, it will set a precedent that will allow other similar developments! Is Highwood going to become a concrete canyon? Is that your vision for Highwood? Is that why you bought your home, brought your business, or visit Highwood?

Is FTC saying that the sky is falling? Three words "North Shore Estates". That erroneous decision in 1968 (while the current Mayor, Vince Donofrio was on the City Council!) resulted in a disastrous development that has been an albatross around Highwood's neck for four decades. And it continues to be a problem, draining City resources; damaging Highwood's image; and de-valuing your investment in the community. Try to imagine Highwood with no North Shore Estates!

FTC predicts that if the Towers is approved, it will result in the same disastrous results. Of course Vince won't be around to deal with it. He has already said that he won't run again. He will probably resign before he finishes. Vince is an old and bitter man. He will declare victory (see "Mission Accomplished") celebrate his "great accomplishment", and let the next 20 administrations deal with the mess of Vince's folly. Vince sees the Towers as a way to get the monkey of his failures off his back. He sees it as a monument to his deconstruction of the City of Highwood. Instead it will stand as an eternal testament to his stubbornness, ineptitude, and meanness. It will honor Highwood's most incompetent leader. But, it will also honor the incompetence of all those that let it happen. Any ZBA member that voted for it; any Plan Commission member that voted for it; any City planners that stood idly by; the City engineers that stood by; any resident silly enough to speak in favor of this proposal; the City attorneys that let this happen to Highwood (when it would never happen in any other town they represent...see "It's only Highwood!" and "I don't want to piss off the Mayor and loose my paycheck, which is double of Paul's fees for less work."). But FTC will make sure that in addition to Vince being accountable, the City Administrator, Maria Lasday, and any alderman supporting this proposal is held even more accountable! Maria may not have experience, but she is far more intelligent than Vince. Her support of this is inexplicable. And any alderman, since they live in Highwood, should be ashamed of not only the process, but even sending this proposal to the ZBA/PC.

BTW, in the slim chance that the Towers is not an utter disaster, Vince won't get the credit anyway. It will go to the real Mayor, the puppeteer, Bruno Bertucci. After all, he (as the paid director of the Highwood Chamber) is getting a fountain in the Everts Park instead of any prior Mayor! Go figure.

You know Vince, if you need a phallic symbol, get some Viagra, buy a Corvette, or get the "Adam & Eve" Catalog (they have a full assortment).

Simulation of Vince Inspecting the Highwood Towers Proposal

Go back, and look at the zoning materials for the North Shore Estates proposal. They contain the same "pretty pictures" as Highwood Towers...well dressed people strolling under tree lined canopies, in front of a beautiful building, with nice cars parked in the foreground. (BTW every proposal submitted by a developer looks like that.)

Maria's Great Negotiation - Hope The Plan Commission Steps In!

The "municipal donations" for North Shore Estates made the 'municipal donations" for Highwood Towers look like a bad tip at a greasy spoon. Did you know that (among other things) the developer of NSE donated the land, and built an indoor Olympic size pool for the City! The Highwood Towers Developers are donating only $300,000 and a traffic light (for their convenience) and that's 40 years later! What chump change! Highwood alone should get a municipal donation of at least 2 million dollars. That is not even as much as the TFSC donated to Highwood alone, for the same number of units! And that's w/o the infrastructure improvements they also donated.

So, come on Thursday. Even if you are not a resident of Highwood. Keep Highwood from making the biggest zoning mistake in North Shore history!
Remember, it won't be easy. Come to the Hearing. Bring a friend or family member. Speak up (you can bet the Mayor and the Developer will pack the audience with their trained flying monkeys, trained chimps and insincere shills). Demand accountability, investigation and diligence from the Boards.

2007 is the year that you will make Highwood City government work. If the Mayor and City Council can't run things, it's up to you, the citizens and business owners to do it for them...for yourself. PARTICIPATE, AND MAKE YOUR VOICE BE HEARD.

From left to right: Chimp from HP, Chimp from LF; Chimp from DFLD, commenting at Zoning Meeting REMEMBER, DON'T FEAR THE CHIMPS, FLYING MONKEYS, and INSINCERE SHILLS! THEY ARE LOUD, RUDE, IGNORANT, AND HARMLESS! THE CITY BELONGS TO YOU, NOT VINCE'S OUT OF TOWN "CHIMP BRIGADE" THAT HE MUSTERS TO ATTEND MEETINGS, INTIMIDATE AND STIFLE PUBLIC COMMENT. AND, EVEN MILD MANNERED DOROTHY BEAT THE FLYING MONKEYS.

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Paul P. DiambriLaw Offices of Diambri & Caravello300 Green Bay RoadHighwood, IL 60040Phone: 847-433-2800Fax: 847-433-7270E-mail: HWDLAW@aol.com