After fire, Northwest Pallet Supply gets second life in Rockford - News - Rockford Register Star - Rockford, IL

By Greg Stanley
Rockford Register Star

ROCKFORD — Northwest Pallet Supply, the company responsible for a massive mulch fire last year in Boone County, got the go-ahead Monday from the City Council to stockpile mulch in Rockford.

The company leases land from the Chicago Rockford International Airport. It had been looking for a new site to store its product since being effectively banished from its spot in Boone County after large mulch piles spontaneously combusted in May 2012. The blaze took five days, more than 100 fire agencies and 4 million gallons of water to extinguish.

Large piles of mulch can generate enough heat from internal decomposition to spark flames.

Boone County sued the land owners over zoning violations relating to where the mulch was stored. Northwest Pallet ultimately settled the lawsuit by agreeing to pay $4,500 — the overtime costs of Boone County Sheriff’s deputies — and to never store commercial mulch on that property again.

The company also donated $16,000 to a Boone County fire district before the lawsuit.

To get a zoning change passed in Rockford, Northwest Pallet agreed to several restrictions recommended by Rockford fire officials.

The company will have to keep the mulch piles smaller than what’s allowed by city code and with more space in between each stockpile.

Fire officials are satisfied that the plans are not consistent with the practices that contributed to the Boone County fire, said Todd Cagnoni, Rockford director of economic and community development.

“We vetted this out extensively with the fire department,” Cagnoni said. “There certainly was a concern when the company’s application was submitted because of their past practices. But they’ve agreed to follow all the recommendations that our fire prevention division has provided

After fire, Northwest Pallet Supply gets second life in Rockford - News - Rockford Register Star - Rockford, IL

Boone County settles with Northwest Pallet over mulch fire - Rockford, IL - Rockford Register Star

By Jennifer Wheeler

Northwest Pallet Supply, which stored the mulch, must pay $4,500 to Boone County for the amount of overtime accrued by Sheriff’s Department deputies during the fire. The business had previously donated $16,000 to the Boone County Fire Protection District No. 2.

Northwest Pallet Supply also agreed to release any right to occupy the property in the future for storing or manufacturing mulch.

“The settlement considers the safety and welfare of the adjacent neighborhood. The property has been cleared of over an estimated 1,100 semi-truck loads of mulch,”

Read the entire story by clicking on the following:  Boone County settles with Northwest Pallet over mulch fire - Rockford, IL - Rockford Register Star

Mulch Fire: Hearing set for October 3, 2013

Will the county receive any compensation or reimbursement of costs?

You also can follow the case by clicking on the link:  http://www.judici.com/courts/cases/case_history.jsp?court=IL004015J&ocl=IL004015J,2012CH319,IL004015JL2012CH319D1

The hearing date has been changed numerous times.

Status of Boone County’s Case against Northwest Pallet

The date of the next hearing has apparently been changed again.  It is now October 3, 2012.  SEE BELOW”

Above is from:  http://www.judici.com/courts/cases/case_history.jsp?court=IL004015J&ocl=IL004015J,2012CH319,IL004015JL2012CH319D3

Go to that web address to check on any updates on the mulch case.

Northwest Pallet Supply giving up Boone County for Rockford | Business News

The airport is perfect, NW Pallet will have a private fire department nearby.

Brian Leaf & Jennifer Wheeler

Northwest Pallet Supply signed a five-year agreement with Chicago Rockford International Airport to lease six undeveloped acres on the south side of the airfield, effective Sept. 1. The business will pay $1,960 a month, or $23,500 annually.
“All of the potential hazards that may exist with this type of operation have been addressed,” Carol Moyer, the airport’s properties coordinator, said in a memo to the airport board. “They are to adhere to all regulations to include FAA, state, local, fire safety and wildlife conservation.”….

The county is working to obtain a permanent injunctive order against Coil and Northwest Pallet to limit the kind and amount of mulch that is stored on the land, to prevent this type of business from operating on that site again.

 

Click on the following to read the rest of the story:  Northwest Pallet Supply giving up Boone County for Rockford | Business News

Restating status of the mulch pile/fire

The States Attorney will be in court on August 1, 2013 for a hearing on the various issues.  It appears that all the mulch is gone.

Go to the following for more details on the court proceedings:  http://boonecountywatchdog.blogspot.com/2013/06/update-on-northwest-pallet-court.html

What is the status of the Northwest Pallet et. al. court case?

UPDATE: 7:00 PM May 14, 2013. Ms. Courier provided her March 12, 2013 motion requesting that the defendants be held in contempt. This appears to be the issue of the June 6, 2013 hearing.

The March motion will be posted shortly.

UPDATE:  May 17, 2013:  I have not received confirmation on new wood mulch being dumped on the site and therefore have struck that statement.

Here is all which court records currently tells of this case.  It is scheduled for another hearing on June 6, 2013.

Bill on May 1, 2013 asked that the court case be discussed at this Wednesday’s Boone County Board meeting, however it is not on the agenda.  I asked again on Monday May 13 and based upon Mr. Terrinoni’s advise I sent this email to the States Attorney.  As soon as I hear something I will notify the public.

 

Status of the Woodstock Road mulch pile

From

• bill pysson

To

• michelle courier

CC

• Ken Terrinoni

On the advise of the County Administrator, Ken Terrinoni, I am contacting you directly concerning the status of your efforts to resolve the zoning violation involving Northwest Pallet et.al. and the use of Woodstock Road site for wood chip/mulch storage.

I have a number of constituents who wish an update on your court actions. One of them has contacted your office and relayed his observation that new wood mulch is being dump on the site and then is being reloaded for shipment from the site. What is going on? I thought court action was being pursued to require that Northwest Pallet's operation on Woodstock Road cease.

Please provide a summary regarding the status of this case. Please include the following in your reply.

1. Is case number #2012CH319 the only court action which your office is involved regarding Northwest Pallet and the mulch storage/fire issue?

2. In case #2012CH319, there was a motion on 3-12-2013, could you supply a summary (or a photocopy of that motion)?

3. Case 2012CH319 is scheduled for a hearing on June 6, 2013, can you supply a summary of the county's position/requests to the court in that hearing?

4. In your opinion is the dumping of new wood chips/mulch in keeping with the current restraining order? Please supply a copy of the current restraining order.

I would preferred that your response be by email however feel free to call me at 815 544 5115 . Either electronic or inter-office delivery of documents would be acceptable.

As always, thank you for your help.

BILL PYSSON

District One

Boone County Board

What is the status of the Northwest Pallet et. al. court case?

UPDATE: 7:00 PM May 14, 2013. Ms. Courier provided her March 12, 2013 motion requesting that the defendants be held in contempt. This appears to be the issue of the June 6, 2013 hearing.

Below are the five page of the March 2013 motion.  Click on the photocopy to enlarge:

This case is scheduled for a hearing on June 6, 2013.

Bill on May 1, 2013 asked that the court case be discussed at this Wednesday’s Boone County Board meeting, however it is not on the agenda.  I asked again on Monday May 13 and based upon Mr. Terrinoni’s advise I sent an email to the States Attorney. 

I thank Ms. Courier for promptly supplying the five page motion shown above as well as the documents regarding earlier actions.  Anyone wishing these other documents please email me at:  bill.pysson@gmail.com

What is the status of the Northwest Pallet et. al. court case?

UPDATE: 7:00 PM May 14, 2013. Ms. Courier provided her March 12, 2013 motion requesting that the defendants be held in contempt. This appears to be the issue of the June 6, 2013 hearing. I have not received confirmation that new wood mulch is going to the site and have struck out that information from below.

The March motion will be posted shortly.

Here is all which court records currently tells of this case.  It is scheduled for another hearing on June 6, 2013.

Bill on May 1, 2013 asked that the court case be discussed at this Wednesday’s Boone County Board meeting, however it is not on the agenda.  I asked again on Monday May 13 and based upon Mr. Terrinoni’s advise I sent this email to the States Attorney.  As soon as I hear something I will notify the public.

 

Status of the Woodstock Road mulch pile

From

• bill pysson

To

• michelle courier

CC

• Ken Terrinoni

On the advise of the County Administrator, Ken Terrinoni, I am contacting you directly concerning the status of your efforts to resolve the zoning violation involving Northwest Pallet et.al. and the use of Woodstock Road site for wood chip/mulch storage.

I have a number of constituents who wish an update on your court actions. One of them has contacted your office and relayed his observation that new wood mulch is being dump on the site and then is being reloaded for shipment from the site. What is going on? I thought court action was being pursued to require that Northwest Pallet's operation on Woodstock Road cease.

Please provide a summary regarding the status of this case. Please include the following in your reply.

1. Is case number #2012CH319 the only court action which your office is involved regarding Northwest Pallet and the mulch storage/fire issue?

2. In case #2012CH319, there was a motion on 3-12-2013, could you supply a summary (or a photocopy of that motion)?

3. Case 2012CH319 is scheduled for a hearing on June 6, 2013, can you supply a summary of the county's position/requests to the court in that hearing?

4. In your opinion is the dumping of new wood chips/mulch in keeping with the current restraining order? Please supply a copy of the current restraining order.

I would preferred that your response be by email however feel free to call me at 815 544 5115 . Either electronic or inter-office delivery of documents would be acceptable.

As always, thank you for your help.

BILL PYSSON

District One

Boone County Board

Northwest Pallet still seeks mulch storage location - Rockford, IL - Rockford Register Star

By Jennifer Wheeler

The company has asked to relocate to Lee Quarry located in unincorporated Flora Township. It would allow agricultural preservation areas to stockpile mulch through special use permits.

Click on the following to read all of the story:  Northwest Pallet still seeks mulch storage location - Rockford, IL - Rockford Register Star

Mulch Fire in Belvidere and Boone County Illinois on May 18 - YouTube

In case anyone forgot.

 

https://www.youtube.com/watch?feature=player_detailpage&v=FkxHldwhIic

Mulch Fire in Belvidere and Boone County Illinois on May 18 - YouTube

Is Northwest Pallet attempting to continue mulch operation?

It certainly appears so, based upon their recent application to Boone County.  The text change would allow wood mulch made from scrap pallets to  be “stored or stock-piled” as a “special use” in A-1 Agricultural areas in the county.

The first meeting regarding the matter is tentatively scheduled for Regional Planning Commission on November 20, the Zoning Board of Appeals on November 27, then the county subcommittee PZB on December 5 and finally County Board on December 19.

Each of the county’s townships has the right to make recommendations regarding the issue.  Contact your local township officials or attend the next meeting if you wish them to make recommendations.  Their recommendations will be considered by the County Planning Staff when they write their findings and recommendations to the County Board.

Currently this type of land use is allowed only in the I-2, Heavy Industrial District. This is the first step in a tentative approval process.  First the text must be amended and if that is approved a special use application could be submitted.

The actual paper verifying these items is shown below.

If you are interest in past articles regarding Northwest Pallet or the fire at their storage site on Woodstock Road and Route 76 go to the following.  The last citation provides the most current legal status on the court case.

http://boonecountywatchdog.blogspot.com/2012/06/mulch-fire.html

http://boonecountywatchdog.blogspot.com/2012/07/update-on-thursday-7-5-2012-health.html

http://boonecountywatchdog.blogspot.com/2012/07/rockford-register-star-boone-county.html

http://boonecountywatchdog.blogspot.com/2012/07/boone-county-officials-examine-mulch.html

http://boonecountywatchdog.blogspot.com/2012/10/current-status-of-mulch-fire-case.html

Current Status of the Mulch Fire Case

The following is taken from:https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgzWeOTiXHtSmNUVzOXoWzYeTgJoO7ERJ4eZWR4IfWljrFzMVv3Y5K3YUk52c5azbIT1uEPlAjMXnttRN8fCtLzL2IlISHn1JKVrKtKKrNrvfDQGWCOXL7BzQgQ2dNK83XJtMooiPxd6sdx/s1600-h/image%25255B4%25255D.png

Current status of mulch fire injunction/case

What is the revised temporary restraining order?  Is it as comprehensive as the original?

Click on the photocopy to enlarge:

Updated 9-14-2012

The above is taken from:  https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgzWeOTiXHtSmNUVzOXoWzYeTgJoO7ERJ4eZWR4IfWljrFzMVv3Y5K3YUk52c5azbIT1uEPlAjMXnttRN8fCtLzL2IlISHn1JKVrKtKKrNrvfDQGWCOXL7BzQgQ2dNK83XJtMooiPxd6sdx/s1600-h/image%25255B4%25255D.png

Current status of mulch fire injunction/case

As noted below pre-trial set for August 28, with a new (undetermined) judge.  The motion to dismissed denied.  Attorney Van Evera represents the defendants. Temporary Restraining Order (TRO) is granted.

UPDATED 8-24-2012

Click on photocopy to enlarge:

Obtain the latest update of the above record by going to:  http://www.judici.com/courts/cases/case_history.jsp?court=IL004015J&ocl=IL004015J,2012CH319,IL004015JL2012CH319P1

Rockford Register Star : Boone County files complaint against mulch pile land caretakers

POPLAR GROVE — Boone County filed a complaint Wednesday against Michael Coil and Norma Gesell for using land illegally to stockpile mulch that eventually resulted in a five-day Poplar Grove fire.
After providing the defendants 10 days to remove the mulch, Boone County State’s Attorney Michelle Courier filed a complaint for a preliminary and permanent injunction for violating the Boone County Zoning Ordinance.
According to the complaint, Jim Schumacher had obtained a special-use permit in 2007 to allow property in Poplar Grove to house a nursery and horticulture supply store. However, that land was divided in May 2011 without notification to the Boone County Planning Department.
Since the land became a new piece of property, Coil, who purchased and controlled the property, and Gesell, who is the property’s legal owner, needed to ask for a special-use permit to store the mulch. They ultimately did not and began to stockpile mulch in an agricultural conservation district, which is illegal, according to the complaint.
“(Individuals who refuse) to comply with or resist the enforcement of any of the provisions in this ordinance, shall upon conviction, be fined no more than $500 plus the cost of the prosecution of each offense. Each day that a violation continues to exist shall constitute a separate offense,” the county zoning ordinance states.
The complaint requests that Coil and Gesell be prohibited from bringing more mulch on the property and be forced to remove the material there now.
In addition to the mulch complaint, Courier alleges that if the newly divided land had been covered by Schumacher’s special-use permit, Coil and Gesell had been violating several fire codes since May 2012.
Those violations include: failing to provide access roads for fire suppression, failing to provide an adequate water supply, allowing mulch piles to exceed their size limitations, failing to have appropriate material handling equipment on site, failing to monitor mulch piles’ internal temperatures, failing to provide portable fire extinguishers and failing to provide an emergency plan.
Additionally, Coil and Gesell did not have the required access permits from Belvidere Township needed for the special-use permit.
The fire that resulted from these mulch piles required more than 100 agencies to respond and 4 million gallons of water. The cost of the fire totaled more than $46,000 between Rural Boone County Fire Protection District 2 and the village of Poplar Grove.
Jennifer Wheeler: 815-987-1354; jwheeler@rrstar.com

Above is taken from: Rockford Register Star : Boone County files complaint against mulch pile land caretakers

The above story is also available in the Friday, July 27, 2012 print version of the Rockford Register Star, page A5.

Community concerned over Boone County mulch fire effects - Rockford, IL - Rockford Register Star

The Boone County Board was asked by a resident Wednesday to contact the Illinois Environmental Protection Agency ….

Resident Karen Ciesielczyk said she was concerned about the odor and potentially toxic haze ….She said she contacted the Boone County Department of Health and Boone County Planning and Zoning Department, which directed her to the IEPA.

“The IEPA … suggested that I obtain the support of state legislators in order to generate support for an investigation at the state level,” she said.

Outside Ciesielczyk’s concerns, Boone County State’s Attorney Michelle Courier wrote in a letter obtained by the Rockford Register Star that the mulch piles must be removed within 10 days from July 13 or the office will be forced to file a lawsuit.

Click on the following to read all of the story:  Community concerned over Boone County mulch fire effects - Rockford, IL - Rockford Register Star

Boone County officials examine mulch fire expenses - Rockford, IL - Rockford Register Star

 

Questions surrounding whether the special-use permit for the pile was valid and how the fire district will enforce the violated fire codes remain unanswered after Thursday’s Boone County Health and Human Services Committee meeting.

Since the permit for the mulch pile was first issued, the parcel of land has been divided into two parts, said Boone County State’s Attorney Michelle Courier.

Click on the following to read all of the story:  Boone County officials examine mulch fire expenses - Rockford, IL - Rockford Register Star

Mulch Fire Question: Was mulch storage confined to the 16 acres of special use zoning?

3:00 PM 7-5-2012--I just went out and took a look at the place myself—it appears that all activities were confined to the northern 16 acres.  BILL P

8:00 PM  I attended the 6:00 Health Subcommittee.  It appears there is related question because the 16 acre parcel was split and sold—did the special use zoning go to each of the parcels or is it void? 

See RR Star article for more details:  http://www.rrstar.com/news/x537696152/Boone-County-officials-examine-mulch-fire-expenses

 

Below is the Advisory Report for the 2007 Special Use Permit for 10432 McKinley Road.

Page 1, BACKGROUND:  “The special use is being requested for the northern 16 acres of a 72 acre farm….”

Note the map which shows portion of the farm which comprises the 16 acre special use.  Is this where the mulch was stored?

Click on the photocopies to enlarge:

Here are some Bing Maps of the property taken with no mulch piles in sight.  It appears to be sometime in Spring without crops and water possibly sitting in the fields.

Update on Thursday 7-5-2012 Health Subcommittee of Boone Co. Board

The word I hear is that representatives from  Fire Protection District and possibly Poplar Grove will attend the 6:00PM meeting and may answer questions.

The following is Mr. Terrinoni’s response to Board Member, Pat Mattison’s letter: (Click on the photocopy to enlarge)

Mr. Mattison’s request is shown below, click on photocopy to enlarge:

For further details regarding Mr. Mattison’s request go to:  http://www.boonecountywatchdog.blogspot.com/2012/06/mulch-fire.html

Here are some pictures of the four day fire.