July 26, 2013 Meeting Minutes

  MINUTES
 

DRYCLEANER ENVIRONMENTAL RESPONSE TRUST FUND
COUNCIL of ILLINOIS

CHICAGO MARRIOTT/NAPERVILLE
NAPERVILLE, ILLINOIS

JULY 26, 2013

John Polak, Chairperson, called the Drycleaner Environmental Response Trust Fund Council of Illinois meeting to order at 9:30 a.m. A quorum was present. Roll call was taken with the following members present:

John Bredenkamp
DSung Do Kang
Daniel Kim
Young B. Kim
Jerry Lewicki
John Polak (via telephonic conference)

Also present were:
H. Patrick Eriksen, Program Administrator's Office
John J. McCarthy, Program Counsel
Dr. Juho So, Program Administrator’s Office

  OPERATIONAL ISSUES
  A.

Approval of Administrative Law Judge Contract:

   

Mr. McCarthy addressed the Council noting he and Mr. Eriksen had searched for an administrative law judge candidate to replace Mr. Iain Johnston, who was appointed to the Federal bench in the spring of 2013. Mr. MrCarthy stated it was their recommendation the Council enter into a contract not to exceed $29,999 with Mr. Robert Wagner of Springfield, IL. Mr. Wagner has an extensive background in working with state agencies and had most recently been the interim director of the Illinois Department of Insurance. His hourly rate would be $300 per hour, which is a 33% discount from his normal billing rate of $450 per hour.

After a brief discussion, on a motion by Mr. Bredenkamp and a second by Mr. Young B. Kim, the Council approved by a vote of 6-0 entering into a contract not to exceed $29,999 for FY14 with Mr. Wagner to provide administrative law judge services to the Council. His hourly billing rate will be $300 per hour.

  APPROVAL OF PROGRAM BILLINGS
 

Mr. Eriksen noted there were two (2) invoices before the Council for their review and approval related to FY13 activities. He noted the bills were as follows:

  1. Williams & Company Consulting, Inc. $65,773.00
    Standard flat fee billing for June 2013, licensing, underwriting, claims processing and site inspections.  
  2. John J. McCarthy  $539.00
   

Professional legal services for the period of June 8, 2013 through June 30, 2013.

 

On a motion by Mr. Lewicki and a second by Mr. Bredenkamp, the Council approved the bills as presented by a vote of 6-0

 

CLAIM PAYMENTS IN EXCESS OF $75,000

 

A.

Modern Way Cleaners, Riverdale, IL; Claim #50017, Site #0002243:

   

Dr. Juho So reviewed background information with the Council noting active remediation is required at the facility due to the high level of soil and groundwater contamination. The Administrator is requesting $198,500 for remediation, which involves the installation of chemical oxidant retention ponds, over-excavation of contaminated soil and related reporting. It is not anticipated at this time that the overall cleanup costs will exceed $300,000.

In addition, the Administrator is requesting the Council waive the two (2) bid requirement for environmental consulting services inasmuch as the extent of the contamination is well defined and the proposed remedial costs seems reasonably based and the current consultant has conducted extensive site investigation activities at the site facility.

After discussion by the Council, on a motion by Mr. Lewicki and a second by Mr. Young B. Kim, the $198,500 budget request and waiver of the two (2) bid requirement was approved by a vote of 6-0.

  B.

Lupo Cleaners, Bolingbrook, IL; Claim #50247, Site #0002338:

   

Dr. So reviewed background information with the Council noting the Administrator is requesting budget approval for $196,500 for remediation at the facility. Active remediation is required due to the high level of soil and groundwater contamination. The proposed remedial action is installation of chemical oxidant retention ponds, along with minimal over-excavation of contaminated soil. In addition, the Administrator is asking the Council to waive the two (2) bid requirement for environmental consulting services as the contamination is well defined and the consultant has extensive site knowledge.

Dr. So stated at this time it is not anticipated that the cleanup costs will exceed the $300,000 remedial benefit cap.

On a motion by Mr. Lewicki and a second by Mr. Bredenkamp, the $196,500 budget request was approved along with waiver of the two (2) bid requirement by a vote of 6-0.
  OTHER ISSUES AS PRESENTED
 

Mr. Eriksen noted the Strategic Planning meeting is scheduled for Wednesday, August 21, 2013, beginning at 9:30 a.m. at the Chicago Marriott in Naperville, IL.

  PUBLIC COMMENT PERIOD
 

Mr. Polak asked if there were any comments from the public. There were none.

There being no further business, on a motion by Mr. Bredenkamp and a second by Mr. Lewicki, the Council voted 6-0 to adjourn the meeting at 9:40 a.m.

   
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