Fox
Moraine
Appeal
PCB
Written
Public
Comment
Submittal
to
the
11111
fE4
P
Pollution
Control
Board
on
4/27/09
APR
28
Reference
PCB
2007-146,
Fox
Moraine
LLC
v.
United
City
of
Yorkvillep1TE
OF
ILLINOIS
Utton
Control
Board
\
c.
Hello,
my
name
is
George
Gilson
and
I
am
currently
and
have
always
been
the
President
of
Friends
of
Greater
Yorkville
(FOGY).
I
wanted
to
point
out
a
few
interesting
things
for
the
record
in
public
comment
to
be
considered
before
these
proceedings
come
to
a
close
and
the
Pollution
Control
Board
renders
their
judgment
on
whether
the
decision
of
the
City
of
Yorkville
to
deny
this
landfill
should
be
upheld
or
denied.
First,
throughout
these
proceedings
Fox
Moraine’s
witnesses
and
their
attorneys
continually
are
making
an
attempt
to
attack
the
efforts
of
Friends
of
Greater
Yorkville
which
is
a
non-for-profit
corporation
established
and
chartered
for
the
betterment
of
Yorkville
and
the
surrounding
community.
Along
with
Fox
Moraine’s
continual
attempt
to
discredit
the
efforts
put
forth
by
Friends
of
Greater
Yorkville
in
opposition
to
this
landfill,
they
also
are
trying
try
to
paint
a
negative
portrait
of
the
individual
members
of
the
corporation
without
any
clue
of
who
the
members
actually
are.
Friends
of
Greater
Yorkville,
or
commonly
referred
to
as
the
“opposition
group”
by
Fox
Moraine,
only
consists
of
5
members
of
which
most
if
not
all
of
the
accusations
in
this
appeal
do
not
apply
to.
Contrary
to
sworn
testimony
under
oath
by
Fox
Moraine’s
witnesses,
the
officers
or
members
of
FOGY
are
not
and
have
never
been
Todd
Milliron
or
Joe
Plocher.
Ron
Parish
himself,
was
only
an
officer
of
FOGY
for
a
week
or
two
and
had
no
involvement
or
knowledge
of
the
officers
of
FOGY
either
before
or
after
his
own
involvement.
Not
only
do
Fox
Moraine
and
their
attorneys
not
know
who
FOGY
is,
but
they
continually
take
what
was
a
community
opposition
consisting
of
many
people
of
the
community
stepping
forward
and
opposing
this
landfill
application
and
everything
that
led
up
to
it,
and
are
trying
to
convince
the
PCB
to
believe
that
anything
said in
opposition
to
the
landfill
before
and
during
the
application,
was
all
coming
from
the
5
individuals
that
make
up
the
Friends
of
Greater
Yorkville.
This
cannot
be
farther
from
the
truth.
FOGY’s
concern
was
that
the
annexation
process
was being
undertaken
in
a
fundamentally
unfair
manner
to
the
citizens
of
Yorkville,
and would
have
ultimately
resulted
in
a
fait
accompli
approval
of
the
landfill
prior
to
the
siting
hearing.
It
is
ironic
that
Fox
Moraine
alleges
ex
parte
communications
by
the
citizens
of
Yorkville,
while
admitting
that
their
representatives
did
the
same.
FOGY,
as
well
as
other
citizens
of
Yorkville,
therefore
elected
to
exercise
their
first
amendment
and
statutory
rights
to
vigorous
participation
in
the
annexation
process
and
the
siting
hearing.
There
is
nothing
in
state
statute,
the PCB
Rules,
or
the
case
law
that
could
be
interpreted
to
interfere
with
citizen
rights
during
the
annexation
process,
and
the
PCB
certainly
would
not
want
to
attempt
to
create
a
rule
of
finding
which
would
abridge
or
stifle
the rights
of
the
citizens
to
participate
in
public
hearings
and
to
petition
their
elected
officials.
These
are
core
and
fundamental
legal rights.
I
also
find
it
alarming
that
Fox
Morain&s
attorneys
want
the
PCB
to
believe
that
the
39.2
process
supersedes
the
Constitution
of
the
United
States
and
our
1st
amendment
rights
of
freedom
of
speech.
There
were
no threats
of
physical
harm
made
by
anyone
in
FOGY
and
everything
said
in
opposition
to
this
landfill
application
was our
right
under
the
Constitution
of
the
United
States
for
freedom
of
speech.
I
find
it
equally
concerning
that
stones
are
being
cast
at
what
they
inaccurately
believe
as
the
members
of
FOGY,
but
yet the
real
and
current
long
standing
members
of
FOGY
have
never
been
depositioned,
subpoenaed,
and
put
on
the
stand
to
testify
to
all
of
the
inaccuracies
testified
to
by
the applicant
and
their
witnesses.
Fox
Moraine
only
wants
the
audience
and
the
PCB
to
hear
one
side
of
the
story,
and
that
is
the
skewed
after
the
fact
version
of
why
they
were
not
granted
approval
of
their
application.
This
version
is
a
lot
like
sour
grapes,
and
cannot
be
trusted.
An
example
of
these
sworn
inaccuracies
is
Charlie
Murphy’s
testimony
that I threw
him
out of
a
FOGY
informational
meeting. I
had
a
microphone
on
for
that
meeting
he
was
referring
to
in
front
of
a
large
crowd
of
residents.
The
truth
is
that
I
invited
Charlie
Murphy
to
come
up
and
speak
at
this
meeting,
and
Charlie
refused
and
left
on
his
own
accord.
This
can
be
testified
to
by
any
one
of
a
large
number
of
attendees
at
this
public
meeting.
I
can
go
on
and
on
about
the
inaccuracies
and
false
testimony
in
this
appeal
hearing,
but
it
is
not
the
burden
of
FOGY
or
the
citizens
to
prove
that
this
self
serving
testimony
by
Fox
Moraine’s
witnesses
are
false.
The
fact
remains,
that
it
is
up
to
Fox
Moraine
to
prove
that
their
testimony
is
true
beyond
a
shadow
of
a
doubt.
This
proof
has
not
been
accomplished
with
solid
evidence
to
back
up
their
statements.
Fox
Moraine
does
not
like
that
the
community
opposed
the
landfill
application
and
stepped
forward
to
publicly
express
their
opposition
in
every
way
and
at
every
opportunity.
Fox
Moraine
does
not
like
that
the
community
and
members
of
FOGY
petitioned
their
government
as
to
their
stance
and
beliefs
about
the
annexation
process
and
this
landfill,
but
frankly,
that
is
too
bad.
There
is
nothing
illegal
about
freedom
of
speech.
FOGY
did
not
under
any
circumstance
talk
to
the
city
council
during
the
application
about
anything
substantive
in
the
application.
The
current
city
council
made
their
decision
to
deny
this
landfill
based
on
the
39.2
process
and
the
lack
of
Fox
Moraine
to
meet
the
criteria
set
forth
in
the
process.
The
PCB
needs
to
only
be
concerned
with
one
thing.
Fox
Moraine
had
ample
time,
witnesses,
and
opportunity
to
prove
that
they
could
meet
all
the
criteria
set
forth
in
the
siting
process,
and
unfortunately
for
them,
could
not
get
that
task
accomplished.
Fortunately
for
the
community,
this
landfill
was
denied
based
on
failure
to
meet
the
criteria
in
the
39.2
process,
and
that
fact
alone.
Therefore,
the
City
of
Yorkville’s
decision
to
deny
this
landfill
should
be
upheld.
Thanks
for
your
time
and
careful
consideration
of
these
thoughts
and
comments.
I
respectfully
urge
the
Pollution
Control
Board
to
strongly
consider
the
facts,
and
to
look
at
what
Fox
Moraine
has
truly
proven
with
evidence
over
accusation
in
this
appeal.
Please
consider
the
rights
of
our
first
amendment
of
freedom
of
speech
and
look
at
the
siting
hearings
as
to
whether
the
denial
was
based
on
failure
to
meet
the
criteria
in
the
process.
After
careful
review,
I
know
the
record
points
toward
a
fair,
non-biased
hearing
in
which
the
City
of
Yorkville
looked
at
the
criteria
and
based
their
decision.
I
respectfully
urge
the
PCB
to
protect
the
rights
of
the
Constitution
and
to
avoid
being
sidetracked
by
anything
other
than
the
record
and
the
facts.
Please
uphold
the
decision
by
the
City
of
Yorkville
to
deny
the
siting
of
the
Fox
Moraine
landfill.
I
know
that
the
appellate
court
will
uphold
the
decision
to
support
the
denial
of
this
landfill
siting
in
the
future.
Respectfully,
George
Gilson
Jr.
498
Sunflower
Ct.
Yorkville,
IL
60560