Settlement eyed in harbor case

[wakluvit]

Settlement eyed in harbor case
Waukegan's PCB suit has been churning since 2007

January 12, 2010
By Dan Moran <!-- e --><a href="mailtoMORAN@SCN1.COM">DMORAN@SCN1.COM</a><!-- e -->
WAUKEGAN -- The end might be sight for a lawsuit that has stayed afloat through a courtroom dismissal, a change in philosophy in the mayor's office, and the arrival of federal funds to do the work that started the battle in the first place.

Michael S. Blazer, the city's environmental attorney, said Monday that a "settlement conference" regarding Waukegan's suit against harbor industries has been scheduled for Feb. 12 before U.S. District Judge Matthew Kennelly.

The city filed suit in September 2007 against Sea Horse Drive businesses that include National Gypsum, Bombardier Motor Corp. and Lafarge North America Inc., claiming that PCBs (polychlorinated biphenyls) in Waukegan Harbor have been dispersed by prop wash from boats used by the industries.

The City Council met behind closed doors to discuss the February hearing with Blazer and law partner Jeff Jeep. Though neither attorney could discuss what would be covered in the meeting, Blazer did say that the goal of the settlement conference will be to resolve the suit "on that day or shortly thereafter."

Thus far, the suit has survived a September 2008 dismissal by Kennelly, who then reinstated the case two months later. The matter then became a focus in the 2009 mayoral campaign, with eventual winner Robert Sabonjian voicing his opposition to the suit and reporting after taking office that the city had spent "over $900,000" on the lawsuit since it was filed.

While the proceedings are being handled by the firm of Jeep & Blazer, corporation counsel Newton Finn said prior to Monday's meeting that his read of the situation is that Kennelly wants to avoid a protracted litigation.

"The judge has indicated that he would like to resolve the controversy if at all possible, (since) it could lead to a rather long, costly legal war," said Finn, adding that those attending the mid-February hearing would be both attorneys "and people with the authority to settle the case," such as city administrators.

Finn noted that to this point, Kennelly has ruled that "the city of Waukegan has stated a valid cause of action to recover some damages, but nothing has been proven."

The plaintiffs in the case have denied responsibility for PCBs originally dumped in the harbor by the now-defunct Outboard Marine Corp. Last March, an attorney for National Gypsum said his company felt that "the city is actually more interested in forcing industry to move from the harbor than it is in cleaning up the harbor."

In the midst of the legal and political wrangling, the U.S. Environmental Protection Agency announced last April that it had secured stimulus funds to cover 90 percent of a dredging operation. Last month, EPA officials declared that the final $35 million cleanup was shovel-ready, detailing plans to dredge 200,000 cubic yards of sediment from the harbor floor.

The project, with the remaining 10 percent of its costs covered by the state, is expected to be completed in 2012.

[Harold]

Their vision( our wise, elected officials) of our lakefront was to be a failure at its inception. I can't imagine that our aldermen don't see our city spiralling, steadily downward into the abyss, that is known as, The City of Detroit. Stop wasting our tax dollars to provide yourselves with some bullet points and photos for your campaign literature, please. Harold Beadling

[sifting bird]

The vision for the lakefront is an old one. There are so many plans and studies that have been done over the last 20 years that pretty much say the exact same thing it is literally sickening. How many different ways can you say "Riviera of the Midwest"?

When ULI rolled into town under Dan Drew's guidance, everybody thought we've finally got things going. And the subsequent award winning SOM master plan that further developed the ULI recommendations was certainly a step in the right direction to create the much needed credibility to actually give the endeavor some legs.

Our esteemed leaders adopted the SOM plan as part of the master plan for development for the City of Waukegan, therefor making it a standard we all can stick in the ground and hold sacred.

But that is where everything stopped, because since then the courage and determination required to take the next few steps - actually excuting council approved TIF development dollars stalled on the desks of Robin Schabes and Ray Vukovich. So the 20 year plan of ULI; now in its 8th or 9th year; has virtually taken ZERO steps forward to the realization we all felt so confident about.

I'll submit that Ray Vukovich and Robin Schabes are solely to blame for the lack of development in Waukegan over the last decade.

Robin Schabes was hired at a 6 figure salary to be the economic development director of the City over 5 years ago. Can anyone; ANYONE; prove with even the smallest of recognition we are better off now than prior to her hire?

Ray Vukovich, whose job as Director of Governmental Services should be limited to the insurance that our City departments run smoothly, weaseled his way into every development deal that has been hatched within Waukegan over the last 10 years. How well has that worked for us?

Everything is a settlement in this town; we have become resigned to taking what we can get with subpar and under qualified people at the helm.

[sifting bird]

And what is more troubling is that our duly elected aldermen WAIT for staff and other appointed officials to supply them with information of zero development and questionable financial practices. Last I checked, our aldermen are the ones to DEMAND of staff PERFORMANCE. Sitting idly by while the sinking ship settles on the ocean floor is the measure of how much our elected officials have attempted to right things.

We hear so often "We didnt know" - Why wasn't this done?" - How did this happen?" - Who's responsibility was this?" echo from council chambers as our shoulder shrugging aldermen point fingers and seperate themselves from staff and the Mayor's office.

Completely unnacceptable.

They are the stewards of our City and they should be asking the questions and DEMANDING PERFORMANCE WELL IN ADVANCE of disaster. And if performance is not seen; then a change of personel is in order.

[Danno]

Sifting bird, your observations are right on.

There is not a large pool of bright people here in Waukegan to draw from. A change of personnel just might result in more of the same or maybe even worse. I voted for our Mayor Sabonjian for many reasons, one of which was his proposal seek out professional and qualified persons to fill important positions such as the director of govermental services. I was very dissapointed when Ray Vukovich was retained in his position. Very disappointed.

[sifting bird]

The Mayor did promise to bring in professionals and it seems that during these difficult times there would be a ton of truly qualified and capable people out there with impressive municiple experience scratching for a challenging and potentially rewarding position within a City that could see some HUGE benefits to a rebounding economy over the next year or so. Just need to go out and find them. Last I checked; a six figure salary is pretty attractive nationwide.

But back on topic:

Will never understand the logic of suing existing businesses on the lakefront when federal grant monies are practically in pocket for cleaning the harbor. Sure the dredging would have kept it a deep harbor suitable for industrial use. BUT the perception of an operating CLEAN harbor probably has far more firepower to future developers than that of a completely vacant polluted one mired in lawsuits. Sooner or later current industry there will find the property too expensive anyhow and relocation would be a natural.