STATE OF ILLINOIS

)

)

ss.

COUNTY OF COOK

)

MORRY GABEL, MYRA GABEL,

DON FOREMAN,

MARSHA

FOREMAN,

KEITH PINS ONEAULT and TRACY PINSONEALTLT.

THE WEALSHIRE, INC., an

ILLINOIS CORPORATION.

Complainant,

vs.

Respondent.

BEFORE THE ILLINOIS POLLUTION

BTL/3/1 5/04

Attorney No.

90068

RECEIVED

CLERKS OFFICE

MAR

15

2004

STATE OF ILLINOIS

CONTROL BOARDPOIIUt~OIl

Control

)

)

)

)

)

)

)

No. PCB 03-38

)

)

)

)

)

NOTICE

OF FILING

Bradley P. Halloran

Hearing Officer

Illinois Pollution Control Board

James R. Thompson Center, Suite 11-500

100 West Randolph Street

Chicago, IL 60601

Mitchell S. Feinberg

Chuhak & Tecson, P.C.

30 South Wacker Drive

Suite 2600

Chicago, IL 60606

PLEASE TAKE NOTICE that on the

I

~

day of March, 2004, there was filed with the

Illinois

Pollution

Control

Board

Respondent’s

Notice

of Filing

and

Supplemental

Answers

to

Complainants’ First Set ofInterrogatories, copies ofwhich are served herewith:

Bruce T. Logan

Ash, Anos, Freedman & Logan, L.L.C.

77 WestWashington Street

Chicago, IL 60602

312-346-1389

Attorneys for Respondent

THE

INC.

By:

Ash,

& Logan, L.L.C.

---

AFFIDAVIT

OF SERVICE

The undersigned, being first duly sworn on oath, deposes and says that she served the above

and

foregoing

Notice

of Filing

and

Supplemental

Answers

To

Complainants’

First

Set

Of

interrogatories by mailing a copy to:

Bradley P. Halloran

Mitchell S. Feinberg

Hearing Officer

Chuhak & Tecson, P.C.

Illinois Pollution Control Board

30 South Wacker Drive

James R. Thompson Center

Suite 2600

Suite 11-500

Chicago, IL 60606

100 West Randolph Street

FAX 312-444-9027

Chicago, IL 60601

FAX 312-814-3669

and depositing same in the U.S. Mail Chute at 77 West Washington Street, Chicago, Illinois 60602,

at 5:00 P.M.

on March

15,

2004, with proper postage prepaid and by faxing a copy to the numbers

indicated above on March

15,

2004.

•

‘•~

~

~-

ti

~

.~3

Subscribed and sworn to before me

this /~

~,

day ofMarch, 2004

ii

~

.

V

i~

4

\f

11

/

/

I,~J~t

)f!J/

,)ii4i

•NOT’ARY PUBLIC

---

BTL/3/5/04

Attorney No. 90068

RECEIVED

CLERKS OFFICE

STATE OF ILLINOIS

)

)

ss.

MAR

1

52004

COUNTY OF COOK

)

STATE OF

ILLINOIS

Pollution Control Board

STATE OF ILLINOIS

POLLUTION CONTROL BOARD

100W. RANDOLPH STREET,

SUITE 11-500

CHICAGO, ILLINOIS 60601

MORRY GABEL, MYRA GABEL,

)

DON FOREMAN, MARSHA FOREMAN,

)

KEITH PINSONEAULT and TRACYPINSONEAULT.

)

)

Complainant,

)

)

vs.

)

No. PCB 03-38

)

THE WEALSHIRE, INC., an

)

ILLINOIS CORPORATION.

)

)

Respondent.

)

COMPLAINANTS’ FIRST SET OF INTERROGATORIES

NOW

COMES

the

Respondent,

THE

WEALSHIRE,

iNC.,

an

Illinois

Corporation,

and

does hereby supplement its

Supplemental Answers To

Complainants’ First Set OfInterrogatories,

and states under oath as follows:

20.

Ralph Chapman will be

called

to

testify.

His testimony

will follow the

facts

and

opinions he gave during his discovery deposition in this cause on February 2, 2004.

In general, his

testimony

will

concern

the

type

of

air

conditioning

equipment

at

The

Wealshire

and

the

maintenance

and

repairs he made to

same; the measures

taken to

locate a vendor

to

evaluate and

recommend

modifications

to

the

air conditioning

system;

the various

contracts

entered

into with

O’Neill

Engineered

Systems,

Inc.

(herein

“O’Neill”)

and

Timothy

O’Neill;

the

fact

that

The

---

Wealshire followed the O’Neill modification recommendations

and finally completed them

at the

end of the 2003

air conditioning

season; the cost of the O’Neill recommended modifications;

and

the

opinions he

developed

as an

employee ofThe Wealshire based on his work experience of the

cost

of

various

possible

alternative

or

additional

modifications,

including

the

feasibility

of

implementing Complainants’ demand that the chiller units and accompanying exterior elements of

the air conditioning system be moved.

In sum, the details ofhis hearing testimony will follow his

deposition testimony.

B.

Arnold

Goldberg

may

be

called

to

testify

concerning

the

facts

and

opinions

he

expressed

during

his

discovery deposition

on

February

2,

2004.

An outline

of those

facts

and

testimony include the overall operation ofthe Alzheimer’s facilityby The Wealshire; the ownership

of the facility;

the

development

of the

facility;

his

personal

observations

concerning

the

noise

generated

by

the

chiller

units;

the

modifications

to

the

chiller

units

presided

over

by

his

staff

members;

the

unreasonable

burdens

that

additional

modifications

would

place

upon

the

Respondent;

that

fact that it was not until just prior to

the receipt of the

Complaint, that the

first

notification

was

made by

one

of the

Complainants

to

The Wealshire

concerning

any

claimed

problem

with

the

air

conditioning

system;

that

other

than the

Complainants’

recent

inquiries

concerning the air conditioning

systems in the operation of The Wealshire since

1994,

there have

been no other complaints to his recollection; and the financial hardship of moving or enclosing the

exterior portion ofthe air conditioning system.

C.

Timothy

O’Neill

of O’Neill

Engineered

Systems,

Inc.

will testify

in

accordance

with his discovery deposition

given on March

4, 2004.

His testimony will include his retention by

The

Wealshire

to

recommend,

design,

and

manufacture,

or

obtain

from

material

suppliers,

modification

equipment for the air conditioning system,

i.e. the

chillers

and

condensers.

He will

-2-

---

testify concerning

his

15

years of experience

in the

field,

his

client

base,

and his

experience

in

determining and locating the sources ofnoise; the abatement/mitigation of noise at The Wealshire

and other locations; his recommendations for noise

abatement

at The Wealshire; The Wealshire’s

purchase of the modification equipment and following the O’Neill recommendations; his opinion of

the two reports of Noise Solutions by

Greg Zak

and the letter report by Noise Solutions by

Greg

Zak; the consequences of separating the site for noise testing from the site for determining ambient

noise

testing;

the recommended

method

for determining the ambient noise

level;

the

deceptive

results

obtained

from

an

ambient

noise

site

that

is

separated

from

the site of noise

testing;

his

inability

to

use the information obtained

from the Zak reports

in

his

own

attempt

to

detect

the

sources ofnoise emanating from The Wealshire

and make recommendations concerning modifying

equipment

to

abate

the

sound;

laboratory conditions

of dB

increases versus field conditions;

the

distance

factor

and

shadow

factor

concerning

dBs

in

locating

appropriate

testing

sites;

the

procedure of locating noise

from

the complained of source

by

turning off the

assumed

source

equipment in

order to

obtain a nondeceptive ambient sound

level; his cost

estimates of additional

modifications to

the chiller system at The Wealshire, both present and future modifications;

and his

opinion that there should be appropriate new tests to

see the results from the O’Neill modifications

to the system, which he believes to have been effective.

THE ~

INC.

1~

B~~Anos,

~

-3-

---

Underpenalties as provided pursuant;

to

735

ILCS

5/1-.109,

the undcr~ignedcerti~e~

that

th~

state~nt~ts

sets forth in i.bia i~atrument

are true and correct, except as to matters

stated herein

to

be on)

formation and belief, and. as to

such xxintters, th~

undersigned ~erti.fies~

aforesaid that

he veril~

believes sameto be trae.

~IGNED this

J1~

thy ofMarch, 2004

ARNOLD GOLD~EG

~et~T.

Logan

Ash, ~

Freedrna~

& Logan, L.LC.

77 W~st

Washington Street

Chic~go,

31 60602

312-346-1389

Attorheys for Respnnd~nt

-4-

I,.