~V~)
BEFORE THE ILLiNOIS POLLUTION CONTROL BOARD
I ~
oF’Ff~
Nov .102
BYRON SANDBERG,
)
OF ILLINOIS
Petitioner,
)
0 Utlon Control Board
)
vs.
)
)
CITY OF KANKAKEE, ILLiNOIS, THE CITY)
Case No. PCB 04-33
OF KANKAKEE, ILLINOIS CITY COUNCIL,)
TOWN AND COUNTRY UTILITIES, INC.,
)
and KANK.AKEE REGIONAL LANDFILL,
)
LL.C.,
)
)
Respondents.
)
WASTE MANAGEMENT OF ILLINOIS,
)
INC.,
)
Petitioner,
)
)
vs.
)
)
Case No. PCB 04-34
THE CITY OF KANKAKEE, ILLINOIS CITY)
COUNCIL, TOWN AND COUNTRY
)
UTILITIES, INC., and KANKAKEB
)
REGIONAL LANDFILL, L.L.C.,
)
)
Respondents.
)
COUNTY OF KANKAKEE, ILLINOIS and
)
EDWARD D. SMITH, KANKAKEE COUNTY)
STATE’S ATTORNEY,
)
)
Petitioners,
)
)
vs.
)
)
Case No. PCB 04-35
CITY OF KANKAKEE, ILLINOIS, THE CITY)
OF KANKAKEE, ILLINOIS CITY COUNCIL,)
TOWN AN) COUNTRY UTILITIES, INC.,
)
and KANKAKEE REGIONAL LANDFILL,
)
L.L.C.,
)
Respondents.
)
70384059v1 827167
CLERK’S OFFICE
PETITIONERS’, COUNTY OF
KANKAKEE,
ILLINOIS
AND
NOV10
EDWARD D. SMITH,
KANKAKEE
COUNTY STATE’S ATTOI~M~OF
SUPPLEMENTAL RESPONSE TO RESPONDENT, TOWN &
C~iY~ontro/B~rd
UTILITIES, INC.’S REQUEST FOR PRODUCTION
OF DOCUMENTS
NOW COME the Petitioners, COUNTY OF KANRAKEE, ILLINOIS and EDWARD
D.
SMITH, KANKAKEE COUNTY STATE’S ATTORNEY, and for their Supplemental Response
to Respondent, TOWN & COUNTRY UTILITIES, INC.’s, Request for Production of
Documents, states as follows:
4.
All documents Petitioner intends to present as evidence during the hearing in this
cause.
RESPONSE: See also newspaper article from Daily Journal quoting City Council
Member JoAnne Schwade and Freedom of Information Requests to the
City ofKankakee, attached hereto.
Respectfully Submitted,
On behalf ofthe COUNTY OF KANKAKEE,
ILLINOIS, and EDWARD D. SMITH,
KANKAKEE COUNTY STATE’S
ATTORNEY,
By: Hinshaw & Culbertson
Richard ~‘Porter
One of Attorneys
HINSHAW AND CULBERTSON
100 Park Avenue
P.O. Box 1389
Rockford, IL 61105-1389
815-490-4900
This document utilized 100
recycled paper products
2
70384059v1 827167
AFFIDAVIT OF SERVICE
The undersigned, pursuant to the provisions ofSection 1-109 ofthe Illinois Code of Civil
Procedure, hereby under penalty of perjury under the laws of the United States of America,
certifies that on November 7, 2003, a copy ofthe foregoing was served upon:
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, IL 60601-3218
Attorney George Mueller
501 State Street
Ottawa, IL 61350
(815)
433-4705
(815) 433-4913
FAX
Donald J. Moran
Pederson &
Houpt
161 N. Clark Street, Suite 3100
Chicago, IL 60601-3242
(312) 261-2149
(312) 261-1149 FAX
Elizabeth Harvey, Esq.
Swanson, Martin & Bell
One IBM Plaza, Suite 2900
330 North Wabash
Chicago, IL 60611
(312) 321-9100
(312) 321-0990 FAX
Kenneth A. Leshen
Leshen & Sliwinski, P.C.
One Dearborn Square, Suite 550
Kankakee, IL 60901-3927
(815)
933-3385
(815) 933-3397 FAX
Christopher W. Bohlen
200 B. Court Street, Suite 602
P.O. Box 1787
Kankakee, IL 60901
(815)
939-1133
(815) 939-0994 FAX
70377853v1 827167
L. Patrick Power
956
N. Fifth Avenue
Kankakee, IL 60901
(815)
937-6937
(815) 937-0056 FAX
Byron Sandberg
109 Raub St.
Donovan, IL 60931
byronsandberg(2l~starband.net
Anj
anita Dumas, Clerk
City ofKankakee
385 B. Oak Street
Kankakee, IL 60901
(815) 933-0480
(815) 933-0482 FAX
Claire A.
Manning
Posegate & Denes, P.C.
111 N. Sixth Street
Springfield, IL 62705
(217) 522-6152
(217) 522-6184 FAX
Bradley
P. Halloran, Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 W. Randolph Street
Chicago, IL 60601
(312) 814-8917
(312) 814-3669 FAX
By faxing and by depositing a copy thereof, enclosed in an envelope in the United States Mail at
Rockford, Illinois, proper postage
prep aid, before the hour of 5:00 P.M., addressed as above.
~D~
HINSHAW & CULBERTSON
100 Park Avenue
P.O. Box 1389
Rockford, Illinois 61105-1389
(815) 490-4900
70377853v1 827167
l1/07/2OC~3 15:45
FAX
~
I’.a~
LaCAt~O~L
~pprOXLm~Le~y
iU:JU
p.m. wiuie
standing
on
the
sidewalk in
the 300 block of South
Washington
Avenue.
‘The two youths rapidly approached
from
opposite
sides of a house. They punched the victim in the face
and
mouth
before fleeing
with
his jacket, according to the
victim.
Two busted
for
DUE
• A
drunk driver
found asleep at
the
wheel told police he got
East and stoppcd to take a nap.
Kankakee
County Sheriffs Police discovered Michael
Barnes,
43, parked with the engine running at a home in the 1000 south
mile of 15000W Road Wednesday night. Police
said
his blood-
alcohol le~ve1measured .12 percent.
Barnes, of 18530W. 3000N Road,
Lot 67,
Reddick,
was arrest-
ed for
driving under the
influence.
-
Olga Id. Soapp, 35, of Momence, was arrested by illinois
State
Police at approximately 12:45 a.m. todayon 1000N Road
at 4000E Road for driving under the influence of alcohol. Police
said she had
initially
been stopped for having one headlight out.
She
was
also arrested on two outstanding Kankakee County
warrants, one of which was for failing to make a court appear-
ance on a previous
drunk driving
arrest.
(~j002
Library
Board President Keith
O’Dell said the
district
had eov~-
sidered having a library at tbe
Career Center Road site of a
planned
school
for
Bourbonnais
I
Elementary District 53. That pro-
posal was rejected, O’Dell said,
because the school district was
looking at ways to control wtzt
would be coming into the library.
O’Dell said that because the
library is a public building, access
would have to be
given
to all peo-
ple,
and
such restrictions could
not be accepted.
Now that the board has select-
ed
expansion,
the
focus
will be
art
contacting people to providc
advice on developing
such
a proj.. ~
ect.
Library
Director
Diana I
Dillinger
plans
to contact Fred
Schlipf of the Urbana library sys- ~
tern to act as a consultant on the e
expansion.
Schwade reiterates support1 Taylor k~
of Town & Country project
Hy Lee Provost
,umal writer
Three-tern-i
2nd
Ward Republican
Alderman JoAnne Schwade is not
backing away from
her
support of
the Kankakee Region Landfill
project as she seeks her fourth
council term.
And, Schwade said,
she
has only
heard from two ward
residents
opposing the
236-acre landfill
proj-
ect being
eyed
for a section of land
in rural Otto Township.
“Given my
diuthers
I would pre-
fer some high-tech
industry beat’.
ing here, but
that’s not
going to
happen
zight
now
and
it’s obvious
there is a need
for this space,” she
said.
The Kankakee City Council
unanirnousty approved the siting
reque6t by Town & Country Utili-
ties Inc. president Torn Volini
last
summer.
An appeal to the illinois
Pollution Control
Board by
current
Kankakee County
landfill
operator
WasteManagement, the Kankakee
County
Board and resident
Byron
Saadbez-g overturned
the council
decision.
A new
set
of
siting
hearings for
Volinrs.
project
arc
likely to be
held In
June.
The regional landfill would
accept
out-of-county waste and
the
city would collect about
$2
million
a
year through the host fee agree-
ment with Voiin.1.
JoAnne Schwade
Party:
Republican
Addtoss~969 S. ChIcago Ave.
Family; Husband, Dr. James Schwade;
two
daughters, Jennifer and Julie
Education; Bachelor
of
science
degree,
Creighton University; St. Joseph HS.,
Dun-
(ap, Iowa
Profession; Homemaker
Civic/volunteer actlvltkes~2nd Ward alderman. E~ay
1.991-
present; Zonta Leadership Award, 2002; Neighbort.Dod Part-
ners of Kan~akee“Golden
Paintbrush
Award,” 2C02;
First
Amencari Bank board member; Junior League of ankakee
County Stone Barn Foundation; Provena St. Mary’s Hospital
Foundation Board member: Bishop McNarnara H.S. Founda-
tion Board; $~ankakee Valley Symphony Foundatic.~Board
member; Kankakee l’~ultivators
member~ Kankakee SesquI-
centennial Committee member; St. Patrick’s Catholi Church
and choir member.
Schwade attended all 57 hours of
the original
siting
hearing. She
noted
she did
considerable outside
research
on the subject. “It Is my
duty
to
determine as
best I
can as
to how
safe
it
will
be. I
didn’t just
rely on the
bearings to determine
that”
Since
that first hearing, Volizji
ha~said he would
incorporate a
double plastic liner to add
protec-
tion for groundwater.
Regarding
other
funding
sources, Schwade noted
the sales
tax sharing arrangements the
city
has inked with
some
al;9ut 10
busi-
ness
has
been a gold m~ad.
The alderman said she also
expects further c ;peration
between
the city, Bradley, Bour-
bormais
and
Aroma
Par~.
on
var-i--
ous initiatives that
can
lead to
more
sa~1ngs
of
taxpayers’ money.
“We’ve been
working more
effi-
ciently
and KankakeeIs
certainly
not the only community with
money problems. The state and
national governments are huxthrg
as well. Everyone’ is in critical
shape.”
Back to top
By
toward
Back to top
Lee Provost
h
Journal writer
For 2nd Ward aldermanic can-
didate James Taylor Jr., the
proposition of establishing a sec-
ond landfill within Kankakee
County’s borders is a difficult
subject.
The candidate believes Waste
Management can adequately
handle the waste needs of this
county. flowever, he
knows
the
host fees proposed by the devel-
oper of the Kankakee Regional
Landfill would provide slack for
the city’s tight budget.
“I have nothing bad to say
about Tom Volini (Town & Coun-
try UtilitIes Inc. president and
landfill developer),” Taylor said.
“I just don’t
know
if he could be
any better job than Waste Man-
agement.”
Taylor. however, has made it
clear he was not closing
his
mind
to discussions with Volini.
“I would not turn a deaf ear to
Mr. Volini. More information
needs to be provided so the coun-
cil can make the best decision
possible.”
Through
the host fee agree-
ment as approved by the Kanka-
kee City Council, the city would
receive about $2 million a year
for a little more than 20 years.
Also receiving money through
the host fee would be the Kanka-
k
m
V
w
rn
~L
h~
li(
auuL ~LA~
auL
IU~UX’C
growtk
Board members agreed last
week
to construct an addition to
the existing 10,000-square-foot
building and dropped plans to
relocate. Estimated cost for the
project of 8,000 to 12,000 square
feet is Si million, but the amount
would be considerably less than
building a new library.
“We know we can afford $1 m.il-
lion, said board member and
Finance Committee
Chairman
Ed
Grabow. The board is
looking
at
spending
about $300,000 in exist-
ing funds and financing the
remaining amount. The board
Intends
to complete the project
without
raising property
taxes.
“Iconsider this a little project.”
Grabow
said.
As
far
back as 1999, the board
has
discussed
either
expanding
or
relocating because the
existing
11/07/2003 15:45 FAX
I~003
Brenda Gorski
From:
Brenda Gorskilblgorski@k3county.net
Sent:
Friday, November 07, 2003 11:48 AM
To:
R Porter (Email); Charles Heisten (E-mail)
Cc:
esmith@k3county.net’; ‘bwheeler@k3county,net
Subject:
requested information
Chuck and Rick:
1)
1 made separate requests for “all documents, including hard files, and printed copies of computer data base
information” re: the Bradshaw property (13-16-23-400-001)frorn County Assessor, CountyCollector, and County Clerk,
If it is true that they all share the same data base, the information provided should be the same from each.
2)
Hooray for Bobbi! She just came from the Journal with a copy of the news article, It will be faxed,
3)
Also, by fax were sending you copies of FOIs from April 2(X2)April 8, April 9, July 30, August 28. Please note that
I have never been allowed to view file-stamped copies of the application, nor have I ever been allowed to view or obtain a
copy of the hearing officer’s recommendations. In a rotunda conversation with Mr. Bohien yesterday Chris advised that
yes he did have Hearing Officer Boyd’s findings but that he objected to the production of the same.
Anything else you need at this time? Brenda
1
11/07/2003 15:45 FAX
l~1004
STATE’S ATTORNEY
COUNTY OF
KM~KAKEE
CIVIL DIVISION
189 EAST COURT
STREET -
SUiTE
502
-
KANKAKEE,
ILLINOIS 60901-3992
(815)
937-2959
•
FAX (815)
937-39*8
BRENDA L-
GORSKX
CJ,1tf Legal
Cou,*sel
April 2, 2003
Ms. Anjanita Dumas
Kankakee City Clerk
385 E. Oak Street
Kankakee, IL 60901
RE:
Town & Country Siting Application
Dear Ms. Dumas:
Last week Ms. Michelle Sadler ofthe County’s Planning Office requested a copy of the Town &
County Landfill Siting Application filed in March 2003 with the City of Kankakee. At that time she
was advised that you would let her know when it was available. To date, Ms. Sadler has heard
nothing.
Pursuant to the Illinois Freedom of Information Act, I hereby request a copy of the Town & Country
Landfill Siting application filed in March 2003 with the City. Eurther, pursuant to the Act, I hereby
request that the costs and fees for such applicaior, be waived in the interest ofpublic heatlh,
safety, and general welfare.
EDWARD D. SMITH P
ATTORNEY
Of Kankakee County, Illinois
By:
I.’
/
~
EDWARD I) SMITH
Sgate’s Azroriwy
11/07/2003 15:45 FAX
t~005
CiTY OF
kANKAKEE
STATE OF ILLINOIS
Depa~eut:_________
_____________Date:
-
0 3
REQ~JE$TFOR PU$LIC RECORDS
Pursuant to the Freedom of Information Act, Public Act 83-1013, effective July 1, 1984, I
bereby request the foIlowin~public records within seven (7) working days:
‘Re
4~t”-~~j
Ltt~r
04&c’x
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6e.cr2,A. ~At’e~’A-r
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Cc~,-~11~d./
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s/7/e’3
EXACT
DESCRIPTION/TITLE
DATE
SEC OR PAGE~
1)
C~~py
A
l’Jo~ric~c’~4
f’I~’~r~,’
7/.lS/O 3
2)
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4)
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- .
City
of Kaukakee will only produce copies of those documents requested and described
with a
we~poosxbledegree of accuracy. The City
is
not required to guess at what is being request. Nor
Is
the
City required to compile lists not in existence, or interpret or extrapolate information.
In the absence of
statutory
or
case law to the contrary, it is the policy of the
City
to decline to produce
information relating to specific wages of specific employees.
______
I request to inspect these public records
in
person during regular
office
hours in the
Department where they arc maintained.
______ I
request
_____
copies of
these records and agree to pay (5.25 cents) per pa~for ph ofocopying~
______
I request
copies of these records to be certified and agree to pay S
_____
per copy extra
for ccrtjfication.
______
I request that all fees be
waived
or reduced
in
tile public interest because the furnishing of the
information requested can he considered as primarily benefiting the generni public.
/~-,J/?~
~S~/
Req*~e5’freceiked
Date
(
,/~I)
Time:
NAME
ill ~ Cc~ij~f
~ ~c.
~
f0
z-
ADflRESS’
~2
c.
~ç
o
~-‘
CITY, STATE,
Zll’
737—
~
TELEPHONE
/ ~_~_/J~)o’clock
11/07/20133 15:45 FAX
~3006
CITY OF
KANKAKEE
To be Acted on
STATE OF ILLINOIS
Within 7
Working
Days
Department: _Citv Clerk
Date: 8/28/03
REQUEST FOR PUBLIC RECORDS
Pursuant to the Freedom ofInformation Act, Public Act 83-1013, effective July 1, 1984,
I
hereby request the foflowing public records within seven (7) working days:
Description
or
Title
Date
Specific Sections or Page No’s:
1.
Town
&
Country’s
Second. Application for Siting Approval
2.
Hearing
Officer’s
Recommendation
3.
4.
5-
_____
I request
to
inspect these public records in person during regular office hours in the
Department where they are maintained.
11
request
copies
of
these records a~d
agrcc to
pay
twenty
cents
(5.20)
per page for
photocopying.
_____
Irequest
copies of these
records to be certified
and
a~eeto
pay $
—
per
copy
extra for certification.
X
I
request that all fees be waived
or reduced
in
the
public interest because the furnishing
of
the information requested
can
be considered
as primarily
benefiting the general public.
Name:
Brenda L. Gorski,
Assistant
State’s Attorney
Address:
189 E. Court Street, Suite 502
City,
State,
Zip
Kankakec, IL 60901
Request received by:________________________
Date: ____________,
2003
Time:
11/07/2003 15:46 FAX
E~J
007
Edward D. Smith
Brenda L. Gorski
Assistant State’s
Attomcy
DATE;
TO:
FROM~
RE:
COMMENTS
STATE’S ATTORNEY
COUNTY OF KANXAKEE
CIVIL DIVISION
189 E. Court
St., Suite 502, Kankakee, Illinois 60901 -3992
(815)
937-2959
Fax: (815) 929-3969
FAX
COVER SHEET
~:1~
~‘J
C/~~
Brenda Gorski,
-
ASA
fax: (~~j ~3
~
~/
J)~
4o4~
~
AA.-,
/8-
-~-,
~~-L
012
L~-~’-~-~
-
~—ri
-
—
r
NUMBER OF PAGES iNCLUDING COVER SHEET_______
THE INFORMATION CONTAINED ~NTHIS FACSIMILE MESSAGE IS
ATFORNEY
PRIVILEGED
AND
CONFIDENTIAL INFORMATION INTENDED ONLY FORT HE USE OF THE
INDIVIDUAL
OR ENTITY NAMED ABOVE. IF
THE READER
OF
THIS
TRANSMISSION
IS
NOT
THE
INTENDED RECIPIENT, PLEASE TAKE NOTE T1~IATANY DISSEMINATION, DISTRIBUTION,
OR COPYING OF THIS INFORMATION IS STRICTLY PROHIBITED. IF YOU RECEIVE THIS
COMMUNICATION IN ERROR, PLEASE NOTIFY US BY TELEPHONE AND RETURN THE
ORIGINAL MESSAGE TO US VIA THE U.S. POSTAL SERVICE AT OUR. ADDRESS LISTED
ABOVE. THANK YOU.
State’s Attorney
11/07/2003 15:46 FAX
08/28/2003 16:31
FAX
L~J008
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ACTIVITY
REPORT
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11/07/2003 15:46 FAX
t~j009
CITY OF
KNKAKEE
STATE OF ILLINOIS
Department:
fy’
Date:
~
~2’~
t
0
~...?
REQUEST FOR PUBLIC RECORDS
Pursuant to the Freedom ofinformation Act, Public Act 83-1013, effective July 1, 1984, 1
hereby request the following public records
within seven
(7) working days;
EXACT
DESCR1PTtON~fITLE
DATE
SEC OR PAGE#
1)
Q.1L~
~
~~/t,cj~
~
.‘~v’
?o~.’t’
~
2)
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-
~~
City
of Kankakee will only produce copies of those documents requc~dand described
with~
• responsible
degree
ofaccuracy. The
City is
not lequired to
guess
at Ikhat is being request.~ r Is the
City required to compile hats not In existence, or
Interpret
or eztrapoI~)nformalion..
,~/
In the absence ofstatutory or case law to the
contrary, it
Is the policy o1tb~~1t~ttrdecl~ueto produce
infonnatioo
relating to specific wages of
specific
employees.
_.~‘Irequest to
inspect
these public records in person
during
regular office hours
In
the
Department where they are maintained.
i~~quest
._j
copies ofthese records and agree to pay (S.25 cents) per page for photocopying.
_____
I request
- -
copies ofthese records to be certified and agree to pay $
.
per copy extra
for
certification.
_j~i~quest that all fees be waived or reduced in the public interest because the furnishing of the
information requested can be considcred as
prunarily
benefiting the general public.
5,
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//7
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~OU,~7
~7
ADDRESS
~
4A~’cE-
-Z~L~
CITY, STATE, ZIP
Requ~
recc~edby:
f37-~Yj-~
TELEPHONE
(j~. ~)
Date:
~/-
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~J
.20 ~
Time:
—~,O
o’clock
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