Transparency

Posted: Thursday, February 16th, 2012 1:13 PM

The angle that the Village is trying with all its might to side step the citizens and not get LEED certification while colluding with the developer is preposterous. Grow up.

OPers Deserve Better from Oak Park

Posted: Thursday, February 16th, 2012 11:51 AM

After reading the previous comments, if the proposed Sertus building at Forest & Lake Street does not achieve the LEED Silver certification, I and a lot of fellow Oak Parkers will be very, very disappointed. The residents of Oak Park deserve better. Thank you Jim Dickert for your thoughts. I hope the Trustees are listening.

OP Rez

Posted: Thursday, February 16th, 2012 8:47 AM

More of the same from the conspiratorial crew that doesnt believe anything the Village does or says. Its all evil according to them. Aren't these the same people that say it wont even get built? It seems all they want to do is complain about anything they can get their jowls around for the sake of some tiny political victory. Sorry folks, I am not buying your logic and look forward to a LEED certified building.

LEED AP Architect

Posted: Thursday, February 16th, 2012 8:04 AM

The issue is that Sertus previously agreed to various compensating benefits, such as a hotel, LEED Silver certification, publicly accessible pool and green roof, in return for significant allowances (height, density, parking) from the Zoning Ordinance. While these compensating benefits have since been deleted or revised in the amended RDA, all the allowances remain in place. For the sake of fairness, either compensating benefits need to be added, or allowances need to be reduced.

LEED AP Architect

Posted: Wednesday, February 15th, 2012 11:33 AM

At the Feb. 6 board meeting (see VOP online video), confusion began when Pope (00:53:30) semantically confused 'meeting' LEED Silver standards as opposed to 'being' a LEED certified building. Confusion was compounded re. terms of LEED certification when attorney Heise (02:16:37) incorrectly referenced the initial RDA (June 29, 2009) rather than the Amended RDA (Aug. 25, 2011). Sertus then misrepresented LEED certification (02:19:06), resulting in the final muddled ordinance.

Observer

Posted: Wednesday, February 15th, 2012 11:31 AM

Johnson cannot point to anything that says Sertus will be fined if they do not exert their best effort in obtaining LEED certification. Was he lying? I do not know, but I wish Johnson would stop making claims he cannot support. Anyone can apply for USGBC LEED certification, but that is hardly best effort. Johnson, et. al. changed the language from "required" to "best effort." There is no doubt that PoJo, et. al will grant Sertus another extension when they cannot get financing to build.

LEED AP Architect

Posted: Wednesday, February 15th, 2012 11:07 AM

What Trustee Johnson is failing to disclose is that 'best effort' (a subjective legal concept) and 'the number of points necessary to attain LEED Silver' (a simple quantified fact) is to be determined at the discretion of the village. This bypasses the LEED certification process, as it removes evaluation from credible, independent, third-party verification (USGBC, Green Building Certification Institute), and places it within the village's domain of self-evaluation. Why?

John Butch Murtagh from Oak Park, Illinois Facebook Verified

Posted: Wednesday, February 15th, 2012 11:04 AM

If LEED AP Architect is correct, and I have no reason to think it is not, then the planning and legal departments, board, and Sertus have some explaining to do. President Pope finished the Sertus Approval Meeting by saying the board would have to meet again to clean up text in the contract. He did not say the board needed to meet again to CHANGE text. Seven board members voted Yes on the original proposal and then allowed it to be tampered with. Board members are elected to represent the voters. They are not elected to run the village. In its current state, it is impossible to trust the village or village board on any issue or vote.

LEED AP Architect

Posted: Wednesday, February 15th, 2012 10:51 AM

(cont.) ... LEED Silver certification. At Sertus' own admission, (board meeting, Aug. 25, 2012), "LEED Silver certification is easily achievable". In fact, their previous architect, Epstein, already registered the building in 2009 for the LEED certification process. As per their LEED Project Checklist, Epstein projected 45 points as achievable, and another 48 points as possibly achievable. As a LEED Silver rating only requires 50 points, it most definitely is easily achievable.

Ray Johnson from Oak Park

Posted: Wednesday, February 15th, 2012 10:49 AM

@ Seek and Observer: Below is what was included in the Ordinance that went before the Board; however it is to be modified per board direction to require the developer to apply to the USGBC to certify the building meets the Silver level of certification. The ordinance is being updated now. Original language: applicant shall use its best efforts to attain a LEED Silver certification for the project. In any event, they will attain the number of points necessary to attain LEED Silver.

Solyndra from Oak Park

Posted: Wednesday, February 15th, 2012 10:47 AM

This shows the utter folly of the "Green" agenda. It's all about more and more government and protecting the bureaucracy, under the pretense of caring about the environment. All LEED certification does is add meaningless cost and more makework for the takers of our society.

Q from Oak Park

Posted: Wednesday, February 15th, 2012 10:42 AM

Johnson, Double talking works when you are talking with someone who isn't able to comprehend very well, but when you write it, you look like an idiot because goodwill effort is like going after terrorists. It means nothing. Why don't you just say you will give the builder 3 whacks on his pee pee and call it a day.

LEED AP Architect

Posted: Wednesday, February 15th, 2012 10:28 AM

As per the amended RDA (section 3.9.1.F, Aug. 25, 2011), the "development will be designed and constructed to a LEED silver standard ... ." Both the Sertus attorney and architect, in sworn testimony during PC hearings, have stated the project will achieve LEED Silver certification. Village staff has publicly stated LEED Silver certification. But at the Feb. 6 board meeting, the language was changed from 'achieving' to making 'best efforts' re. attaining LEED Silv

Seek and ye may not receive

Posted: Wednesday, February 15th, 2012 10:21 AM

and thus,see comments below, my designation of Johnson double speak.

John Butch Murtagh from Oak Park, Illinois Facebook Verified

Posted: Wednesday, February 15th, 2012 10:19 AM

The LEED Certification was heavily sold as a big the developer, Oak Park Housing, the Plan Commission, and the Board as an important feature of the Madison Housing Proposal last year. I assume this was also a "maybe", based on the contractor's performance, rather than the environmental miracle it was billed as.

Ann Landers

Posted: Wednesday, February 15th, 2012 10:12 AM

I believe the penalty would be "40 lashes with a Wet Noodle".

Observer

Posted: Wednesday, February 15th, 2012 10:02 AM

"Best Effort" are the key words. Sertus is NOT required to obtain LEED certification. All Sertus has to do is claim that they exerted their best effort and obtain a LEED certified architect is not best effort. If the Board does not think that Sertus exerted their best effort, there are no financial penalties that can be levied against Sertus. Johnson claims otherwise, but I challenge him to quote and site what those penalties are for they are not in any documents made public.

Color me skeptical from LEEDland

Posted: Wednesday, February 15th, 2012 10:00 AM

I am guessing that the ordinance doesn't define "best efforts" and there is no private right of action under the ordinance that would enable taxpayers to enforce the provision in any event. In the end, whether best efforts were used will be up to the discretion of a Village Board that already seems to be firmly in Sertus' pocket. My guess is that despite not getting the silver certificate, Sertus will be deemed to have exercised best efforts no matter what it does.

Ray Johnson from Oak Park

Posted: Wednesday, February 15th, 2012 9:54 AM

The Planned Development Ordinance and the Findings of Fact, the latter created in part by the Plan Commission and with additional conditions by the VOP board includes the language on the LEED certification. The developer is indeed required to make its best effort for LEED Silver during every step of the process.

Observer

Posted: Wednesday, February 15th, 2012 9:29 AM

The redevelopment agreement with Sertus states that "the Applicant should be obligated to use its best efforts to achieve a Silver LEED certified building." Hiring a LEED certified architect is not best effort. A LEED certified architect builds according to the client's specifications only, not the Green Building Council's. The Sertus building, if it ever gets built, will not be LEED certified because it is not required and there are no financial penalties, contrary to Johnson's claim.

Dave Coulter

Posted: Wednesday, February 15th, 2012 9:27 AM

Mr.Dickert brings up a lot of good points. If any town could make this happen it should be ours.

Ray Johnson from Oak Park

Posted: Wednesday, February 15th, 2012 9:20 AM

@ Seek: the penalty is severe -- if the Village determines the developer did not diligently work towards a LEED designation, the developer could be found in violation of the ordinance and it could be revoked, which would likely trigger fines and lost revenue. If, however, the developer proceeds in good faith towards a silver LEED designation, and just misses it after review by the US Green Building Council, its possible we would determine a good faith effort was made.

Seek and ye may not receive

Posted: Wednesday, February 15th, 2012 9:15 AM

and, Ray, if they do not receive the silver designation, what is the penalty? What will the village do, ask there to start over? I can tell you that they save millions of dollars if they don't go LEED...oh, you will say marketability will drive people to rent there...way overestimated and over stated need for LEED.

Ray Johnson from Oak Park

Posted: Wednesday, February 15th, 2012 8:41 AM

@ "Seek": Actually, seek is the correct word -- because the process to achieve a LEED designation is independent. The US Green Building Council will evaluate all points achieved post construction and then determine whether or not to grant the designation. We can't unequivocally and in advance state a building will receive the designation. The firm has hired LEED certified architects, so they will proceed with the goal of a silver designation.

seek and ye may not receive

Posted: Wednesday, February 15th, 2012 8:31 AM

HA! seek, but do they have to get it? Double Speak Ray at it again.

Ray Johnson from Oak Park

Posted: Wednesday, February 15th, 2012 8:29 AM

Re Sustainability: The ordinance requires the developer to seek a silver Leadership in Energy and Environmental Design (LEED) designation from the US Green Building Council.