1

1 ILLINOIS POLLUTION CONTROL BOARD

February 10, 2005

VILLAGE OF LAKE BARRINGTON, )

3 CUBA TOWNSHIP, PRAIRIE RIVERS )

NETWORK, SIERRA CLUB, BETH )

4 WENTZEL and CYNTHIA SKRUKRUD, )

Petitioners, )

5 )

vs. ) PCB 05-55

6 ) (Third-Party NPDES

ILLINOIS ENVIRONMENTAL ) Permit Appeal-Water)

7 PROTECTION AGENCY and )

VILLAGE OF WAUCONDA, )

8 Respondents. )

____________________________ )

9 SLOCUM DRAINAGE DISTRICT OF )

LAKE COUNTY, ILLINOIS, )

10 Petitioner, )

)

11 vs. ) PCB 05-58

) (Third-Party NPDES

12 ILLINOIS ENVIRONMENTAL ) Permit Appeal-Water)

PROTECTION AGENCY and VILLAGE )

13 OF WAUCONDA, )

Respondents. )

14 ____________________________ )

AL PHILLIPS, VERN MEYER, )

15 GAYLE DEMARCO, GABRIELLE )

MEYER, LISA O'DELL, JOAN )

16 LESLIE, MICHAEL DAVEY, NANCY )

DOBNE, MIKE POLITIO, WILLIAMS )

17 PARK IMPROVEMENT ASSOCIATION, )

MAT SCHLUETER, MYLITH PARL )

18 LOT OWNERS ASSOCIATION, )

DONALD KREBS, DON BERKSHIRE, )

19 JUDY BRUMME, TWIN POND FARMS )

HOMEOWNERS ASSOCIATION, )

20 JULIA TUDOR and CHRISTINE )

DEVINEY, )

21 Petitioners, )

)

22 vs. ) PCB 05-59

) (Third-Party NPDES

23 ILLINOIS ENVIRONMENTAL ) Permit Appeal-Water)

PROTECTION AGENCY and ) (Consolidated)

24 VILLAGE OF WAUCONDA, )

Respondents. )

L.A. REPORTING (312) 419-9292

1 TRANSCRIPT OF PROCEEDINGS held in the

2 above-entitled cause before Hearing Officer Bradley

3 P. Halloran, called by the Illinois Pollution

4 Control Board, pursuant to notice, taken before

5 MARGARET MAGGIE JANKOWICZ, CSR, a notary public

6 within and for the County of Lake and State of

7 Illinois, at The Libertyville Village Hall, 118 West

8 Cook Avenue, Second Floor, Libertyville, Illinois,

9 on the 10th day of February, A.D., 2005, scheduled

10 to commence at 9:00 o'clock a.m., commencing at 9:00

11 o'clock a.m.

L.A. REPORTING (312) 419-9292

1 A P P E A R A N C E S:

ILLINOIS POLLUTION CONTROL BOARD

3 100 West Randolph Street

Suite 11-500

4 Chicago, Illinois 60601

(312) 814 - 8917

5 BY: MR. BRADLEY P. HALLORAN, Hearing Officer

(847) 526 - 9202

7 BY: MR. JAY GLENN

8 Appeared on behalf of 05-59;

9 MAYER, BROWN, ROWE & MAW, LLP,

190 South LaSalle Street

10 Chicago, Illinois 60603-3441

(312) 782 - 0600

11 BY: MS. PERCY L. ANGELO

12 Appeared on behalf of the Petitioners

Lake Barrington and Cuba Township in

13 05-55;

14 LAW OFFICES OF BONNIE MACFARLANE, P.C.,

106 West State Road

15 Post Office Box 268

Island Lake, Illinois 60042

16 (847) 487 - 0700

BY: MS. BONNIE MACFARLANE

Appeared on behalf of the Petitioner

18 Slocum Drainage District of Lake County,

Illinois;

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

20 1021 North Grand Avenue East

P.O. Box 19276

21 Springfield, Illinois 62794-9276

(217) 782 - 5544

22 BY: MR. SANJAY K. SOFAT

23 Appeared on behalf of the Illinois

Environmental Protection Agency;

L.A. REPORTING (312) 419-9292

1 A P P E A R A N C E S:

2 TOTAL ENVIRONMENTAL SOLUTIONS

631 East Butterfield Road

3 Suite 315

Lombard, Illinois 60148

4 (630) 969 - 3300

BY: MR. WILLIAM D. SEITH

Appeared on behalf of the

6 Village of Wauconda.

9 ALSO PRESENT:

10 Ms. Carol Seith

Mr. Robert J. Devery

11 Mr. Toby Frevert

Ms. Loraine Ray

12 Mr. Donald Krebs

Mr. Dan Quick

13 Ms. Jean Vonder Haar

L.A. REPORTING (312) 419-9292

1 HEARING OFFICER HALLORAN: Good

2 morning everyone, thanks for coming. My name

3 is Bradley Halloran, I'm a hearing officer

4 with the Illinois Pollution Control Board,

5 I'm also assigned to this matter and this

6 matter is, it's a consolidated case,

7 PCB 05-55, which is Village of Lake

8 Barrington, et al. versus the IEPA and the

9 Village of Wauconda; PCB 5-58 Slocum Drainage

10 District of Lake County, Illinois versus the

11 IEPA and the Village of Wauconda; the third

12 case is Al Phillips, et al. otherwise known

13 as the residents group versus the IEPA and

14 the Village of Wauconda and that designated

15 number is PCB 5-59.

16 This is a third-party NPDES permit

17 appeal - water. It's approximately 9:00

18 o'clock on February 10th of the year 2005.

19 Are there any members of the

20 public present that are not affiliated with

21 any of the parties in this matter?

22 Hi, and your name?

23 MS. RAY: My name is Loraine Ray, I'm

24 not part of the litigation.

L.A. REPORTING (312) 419-9292

1 HEARING OFFICER HALLORAN: Okay.

2 Well, do you plan to make a statement or a --

3 MS. RAY: No, I do not.

4 HEARING OFFICER HALLORAN: -- public

5 comment? Okay. Thank you. We're going to

6 run this hearing such as it is pursuant to

7 Section 105 subpart B and Section 101 subpart

8 F of the Board's procedural provisions, and

9 also I want to note for the record that this

10 hearing was noticed up pursuant to

11 Section 101.602.

12 This hearing is intended to

13 develop a record for the Pollution Control

14 Board, I will not be making the ultimate

15 decision in the case, that's up to the

16 Pollution Control Board to look at the

17 transcript, the record and any post-hearing

18 briefs and then render its decision.

19 My job is to ensure an orderly

20 hearing, a clear record and to rule on any

21 evidentiary matters that may arise. And with

22 that said, Mr. Glenn, would you like to

23 introduce yourself?

24 MR. GLENN: Good morning, Mr. Hearing

L.A. REPORTING (312) 419-9292

1 Chairman, my name is Jay Glenn, I'm the

2 attorney for 05-59.

3 HEARING OFFICER HALLORAN: Thank you,

4 Mr. Glenn. Ms. Macfarlane?

5 MS. MACFARLANE: My name is Bonnie

6 Macfarlane, and I am the attorney for the

7 Slocum Drainage District of Lake County,

8 Illinois.

9 HEARING OFFICER HALLORAN: Thank you.

10 Ms. Angelo?

11 MS. ANGELO: Good morning, Mr. Hearing

12 Officer, my name is Percy Angelo, I'm the

13 attorney for Lake Barrington and Cuba

14 Township in 05-55. I'd like to mention that

15 I have with me this morning Jean Vonder Haar

16 who is trustee of the Village of Lake

17 Barrington and involved in this permit

18 proceeding from the beginning on behalf of

19 the village.

20 I've also been directed by

21 Mr. Albert Ettinger, who's the attorney for

22 the environmental group petitioners in 05-55,

23 to appear this morning for Sierra Club,

24 Prairie Rivers Network and the other

L.A. REPORTING (312) 419-9292

1 environmental group petitioners solely for

2 the purpose of agreeing to the briefing

3 process, which the parties have discussed as

4 the way they're going to proceed in this

5 matter. Thank you.

6 HEARING OFFICER HALLORAN: Thank you,

7 Ms. Angelo. Mr. Sofat?

8 MR. SOFAT: Good morning, Mr. Hearing

9 Officer. My name is Sanjay Sofat and I

10 represent the Illinois EPA in this matter.

11 HEARING OFFICER HALLORAN: Mr. Seith?

12 MR. SEITH: Good morning. William

13 Seith on behalf of the Village of Wauconda,

14 and I have with me here today Mr. Dan Quick

15 who is the village administrator for the

16 Village of Wauconda.

17 HEARING OFFICER HALLORAN: Thank you,

18 Mr. Seith. On February 7th and 8th we had

19 prehearing conferences -- telephonic

20 prehearing conferences and it's my

21 understanding that none of the parties here

22 today are going to present any witnesses and

23 basically are going to file post hearing

24 briefs citing their record and file that with

L.A. REPORTING (312) 419-9292

1 the Board.

2 It is also my understanding that

3 there was an agreed upon briefing schedule,

4 and I had an order put out yesterday and

5 faxed to the parties, I hope they received

6 them, but the agreed briefing schedule is as

7 follows: Simultaneous opening briefs are due

8 to be filed on or before February 28th, 2005

9 and simultaneous reply briefs are due to be

10 filed on or before March 7th, 2005. The

11 mailbox rule will not apply to either the

12 filing with the Board or to each of the

13 respective parties; in other words, by those

14 dates mentioned, the parties and the Board

15 have to have the briefs physically in

16 possession of them at that time.

17 Was that the agreement as well

18 between the parties?

19 MR. SOFAT: Yes.

20 HEARING OFFICER HALLORAN: Mr. Glenn?

21 MR. GLENN: Mr. Hearing Chairman, we

22 also agreed that among the parties we are

23 going to overnight mail it so it will be

24 simultaneous delivery on all the parties also

L.A. REPORTING (312) 419-9292

1 as well as the Illinois Pollution Control

2 Board.

3 HEARING OFFICER HALLORAN: Okay.

4 Understood. Thank you.

5 MR. GLENN: Thank you.

6 HEARING OFFICER HALLORAN: With that

7 said, I open the floor of any comments, any

8 other issues. I think Mr. Sofat has one but

9 let's go to the petitioners first. Any other

10 things to say? So basically the petitioners

11 have rested their case in chief?

12 Go ahead, Ms. Macfarlane.

13 MS. MACFARLANE: Mr. Hearing Officer,

14 will we be formally today entering into the

15 record -- into the transcript the actual

16 record?

17 HEARING OFFICER HALLORAN: The record

18 is already in -- the transcript, I believe,

19 is already in the record, is that my

20 understanding? I think Mr. Sofat --

21 MS. MACFARLANE: Well, what I'm asking

22 is for purposes of referral that whatever the

23 page numbers are, that it be entered into

24 evidence today, the record.

L.A. REPORTING (312) 419-9292

1 HEARING OFFICER HALLORAN: Yes. The

2 record that has been filed with the Board

3 thus far?

4 MS. MACFARLANE: Yes.

5 HEARING OFFICER HALLORAN: Or so far.

6 Yes.

7 MS. MACFARLANE: Yes.

8 HEARING OFFICER HALLORAN: Yes, it

9 is --

10 MS. MACFARLANE: Okay. Thank you.

11 HEARING OFFICER HALLORAN: -- in the

12 record.

13 MS. MACFARLANE: Thank you.

14 HEARING OFFICER HALLORAN: Mr. Sofat?

15 MR. SOFAT: Yes. The Agency would

16 like to introduce this exhibit as Hearing

17 Officer Exhibit No. 1, and this is -- these

18 are the documents that the Agency filed

19 pursuant to Hearing Officer's order, I think,

20 February 3rd, 2005.

21 HEARING OFFICER HALLORAN: Okay. The

22 petitioners have seen this?

23 MR. SOFAT: They have already received

24 this.

L.A. REPORTING (312) 419-9292

1 HEARING OFFICER HALLORAN: Okay.

2 MR. SOFAT: This is your copy, Hearing

3 Officer's copy and the Board's copy.

4 HEARING OFFICER HALLORAN: Okay. And

5 you mentioned at one of the prehearing

6 conferences you had an objection to my order

7 of --

8 MR. SOFAT: Well, we have stated those

9 objections in this document.

10 HEARING OFFICER HALLORAN: Okay.

11 MR. SOFAT: But we are filing the

12 documents that we had.

13 HEARING OFFICER HALLORAN: All right.

14 All right. There is a -- I'm taking it as

15 Hearing Officer Exhibit No. 1, and I'll

16 accept it into evidence.

17 MR. SOFAT: Thank you.

18 HEARING OFFICER HALLORAN: Along with

19 Hearing Officer Exhibit No. 1 there is an

20 attached document submitted pursuant to the

21 Hearing Officer order dated February 3rd,

22 2005 and attached are the, I guess, documents

23 from the IEPA's record. So that will be

24 admitted into evidence.

L.A. REPORTING (312) 419-9292

1 Anything else? Any -- any other

2 questions, issues, closing? Any members of

3 the public like to get up here and say

4 something?

5 I guess with that said, it will

6 conclude this hearing, and I appreciate you

7 all coming and particularly Ms. Angelo coming

8 all the way from Florida.

9 MS. ANGELO: It was my pleasure.

10 HEARING OFFICER HALLORAN: Thanks, and

11 have a safe drive home. Bye-bye.

12 (Whereupon, a discussion

13 was had off the record.)

14 HEARING OFFICER HALLORAN: We're back

15 on the record. Mr. Seith has requested us to

16 open this hearing again I guess but in any

17 event, Mr. Seith.

18 MR. SEITH: Yeah, and I apologize,

19 Mr. Hearing Officer. I didn't have an

20 opportunity to raise this before because

21 Mr. Devery just came in here a little bit

22 ago. On page what's Bates stamped page 832

23 of the record that was filed by the Agency,

24 that page is a portion of a report that's

L.A. REPORTING (312) 419-9292

1 part of the record, it's a report that's

2 titled Preliminary Design Report Supplement

3 that was filed by Bonestroo, Devery &

4 Associates, engineers and architects, on

5 behalf of the Village of Wauconda back in

6 '03.

7 On page 832 of the record, there

8 is a reference in the first paragraph to a

9 prior report that was prepared on May 30th,

10 2003 titled a Preliminary Design Report in

11 support of the Village of Wauconda's request.

12 In my review of the record last night, I was

13 unable to locate a copy of the report that's

14 referred to here on page 832, and Mr. Devery

15 and I just looked through the three volumes

16 again to see if we could locate it and we

17 can't seem to find it. As a consequence, I

18 would like to reserve the right to ask

19 Mr. Sofat to add that document to the record

20 if, in fact, it is part of the Agency's

21 files. We believe it to have been filed with

22 the Agency in support of the application and

23 if it's not already in the record, and we'll

24 try to confirm that by the end of the day

L.A. REPORTING (312) 419-9292

1 today, we'd like to make sure that it is made

2 part of the record.

3 HEARING OFFICER HALLORAN: Mr. Sofat?

4 MR. SOFAT: I guess I will go back and

5 see whether or not it was part of our files

6 and whether somebody has misplaced it. I

7 mean, my guess is I guess it's somewhere but

8 not in the files that I had access to, so ...

9 And if I have it, I will be filing

10 that with the Board and everybody else saying

11 that we have found it.

12 MR. SEITH: If we could, Mr. Hearing

13 Officer, I'd like until the end of the day

14 today, today is February 10th, to make a

15 final determination with respect to that, get

16 with Mr. Sofat and hopefully by the end of

17 the day tomorrow, if it is, in fact, in the

18 Agency's files, we can make sure it's

19 overnighted out to everybody and made part of

20 the record.

21 HEARING OFFICER HALLORAN: Okay. So

22 overnight, they would get it -- well,

23 weekend --

24 MR. SEITH: Tomorrow is a state

L.A. REPORTING (312) 419-9292

1 holiday.

2 MR. SOFAT: Oh, yeah.

3 MR. SEITH: So it may have to be at

4 the end of the day Monday, Mr. Hearing

5 Officer.

6 HEARING OFFICER HALLORAN: Petitioners

7 have any comment to what just transpired?

8 MR. GLENN: Yes. Jay Glenn on behalf

9 of the resident group. Of course this

10 request is prejudicial in that the record was

11 supposed to have been closed some time ago

12 and we have continued an ongoing discovery

13 process. Here we are at the hearing, we

14 don't have the document that they're talking

15 about and it is extraordinarily difficult for

16 me. The hearing officer may recall that we

17 filed a motion seeking a certification from

18 the Illinois Environmental Protection Agency

19 that all the documents had to have been

20 turned over. The hearing officer saw fit not

21 to enter that order.

22 It is at this point we would like

23 to know what other documents that Mr. Sofat

24 or the Illinois Environmental Protection

L.A. REPORTING (312) 419-9292

1 Agency might have that is relevant to the

2 discussions that the Illinois Pollution

3 Control Board is going to -- the decision the

4 Illinois Pollution Control Board is going to

5 make, and we're -- we don't know, we were

6 told that all of the documents were in his

7 possession. We went to Springfield and

8 reviewed all the documents that the Illinois

9 Pollution Control Board said that existed on

10 his desk and these documents were not there

11 and now you have the Village of Wauconda

12 advising the Illinois Pollution Control Board

13 that the document was forwarded to the

14 Illinois Pollution -- Illinois Environmental

15 Protection Agency, they have it in their

16 files and they have not produced it, and the

17 third party appellant believes that we're

18 being prejudiced by this type of dilatory

19 activity and very honestly almost

20 contemptible activity by the Illinois

21 Pollution Control Board -- I mean, by the

22 Illinois Environmental Protection Agency.

23 I honestly don't know what else we

24 could do to try to get a full and complete

L.A. REPORTING (312) 419-9292

1 and honest record. We've gone to

2 Springfield, we've made the motions; I don't

3 know what else we can do. Thank you.

4 HEARING OFFICER HALLORAN: Thank you,

5 Mr. Glenn. Ms. Macfarlane, anything?

6 MS. MACFARLANE: Yes. I would like to

7 also indicate that I concur with Mr. Glenn's

8 statements, and I would like to add that at

9 this point I would like to have a copy of

10 this report as soon as possible.

11 I've already begun drafting my

12 brief and it seems to me that if I have to

13 wait, you know, several more days, certainly

14 into Monday, that this prejudices my being

15 able to draft a proper brief for review for

16 the Board. I'm -- I'm rather -- I have also

17 gone through the three binders, there are

18 other pages that are blank that have been

19 number stamped that appear to have documents

20 that have been -- that are missing, and I

21 would like to list those and make sure that

22 we have all of those documents.

23 There are -- this is just not the

24 first time that this has occurred. We have

L.A. REPORTING (312) 419-9292

1 had now, Mr. Sofat has produced on three

2 separate occasions, additional documents that

3 appear to have been in the record.

4 Certainly, the latest order by this Hearing

5 Officer that dictated that the IEPA should

6 provide all of the documents that were in the

7 record with respect to prior violations by

8 the Village of Wauconda and whether or not

9 they were considered by the Agency or not

10 considered by the Agency, and I don't believe

11 that the IEPA has complied with that order.

12 Thank you.

13 HEARING OFFICER HALLORAN: Ms. Angelo,

14 anything to add?

15 MS. ANGELO: Only that we understand

16 we're going to be getting a copy of the

17 document if it's in the Agency's files within

18 the next day or so and on that basis we have

19 no objection.

20 HEARING OFFICER HALLORAN: Mr. Seith?

21 MR. SEITH: Your Honor, we -- the

22 Village of Wauconda is able to provide the

23 parties with a courtesy copy of the document

24 I'm referring to by the end of the day today.

L.A. REPORTING (312) 419-9292

1 We will make sure everybody has that

2 document, it won't obviously be part of the

3 official record but at least everybody will

4 have a copy of the document I'm referring to

5 by the end of the day today.

6 HEARING OFFICER HALLORAN: How many

7 pages do you suspect?

8 MR. DEVERY: It's about 20 pages.

9 HEARING OFFICER HALLORAN: So the fax

10 machines will be able to handle that, 20

11 pages? Your -- Mr. Glenn and Ms. Macfarlane,

12 your objections are so noted and they are in

13 the record and the Board will take a look at

14 your objections. However, this is a

15 time-sensitive case; in other words, we have

16 only a certain amount of time that it has to

17 go forward and the Board has to make its

18 decision. Ms. Macfarlane?

19 MS. MACFARLANE: For purposes of

20 referring to such a document in the briefs,

21 it will need to be paginated for purposes of

22 referral.

23 MR. SEITH: And we understand that,

24 your Honor --

L.A. REPORTING (312) 419-9292

1 HEARING OFFICER HALLORAN: Okay.

2 MR. SEITH: -- and that's why we'll

3 work with the Agency to make sure if it is,

4 in fact, part of their record, that it is

5 produced expeditiously with page numbers,

6 with Bates numbers.

7 HEARING OFFICER HALLORAN: And,

8 Mr. Sofat, I would direct you if, in fact, it

9 is in the record, that you have it filed with

10 the Board and to the petitioners on or before

11 February 14th, that would be -- that would be

12 Monday and it's got to be no mailbox rule, I

13 mean it's got to be filed. I'm a little

14 concerned about the multiple supplements to

15 the record that's ongoing in this case.

16 MR. SOFAT: The 14th is a Monday I

17 think and tomorrow is a holiday so I can mail

18 that on the 14th overnight, which means that

19 it will be there the 15th in the morning.

20 HEARING OFFICER HALLORAN: All right.

21 MR. SOFAT: And of course I have to go

22 back and see whether or not we have this

23 report, I will have to find out from the

24 people who were involved in getting those

L.A. REPORTING (312) 419-9292

1 reports so it's not that the Agency that I

2 have the report and I didn't file it, that's

3 not what's going on here, I hope everybody

4 understands that.

5 MR. SEITH: And I do apologize,

6 Mr. Hearing Officer, for the lateness of this

7 request, I've just realized it last night

8 that it's not in the record.

9 HEARING OFFICER HALLORAN: Okay. And

10 that's fine and I'm not saying there's any

11 kind of bad faith, but I am a little

12 concerned about what the record is and, you

13 know, where the contents are and is it a full

14 record, complete record, I don't know. But

15 the petitioners -- yes, Mr. Glenn.

16 MR. GLENN: My -- I was led to believe

17 that the Village of Wauconda had forwarded to

18 the IEPA, is that a correct -- they have --

19 Mr. Devery's here, he drafted the thing, I

20 mean did you send it to the Illinois

21 Environmental Protection Agency?

22 MR. DEVERY: Yes, it was sent to the

23 IEPA.

24 MR. GLENN: All right. That answers

L.A. REPORTING (312) 419-9292

1 the question then. That clearly answers the

2 question that it has been submitted to the

3 Illinois Environmental Protection Agency,

4 that's number one; number two, it has not

5 been produced. So I'd just like to get

6 that -- those -- that on the record. Thank

7 you.

8 HEARING OFFICER HALLORAN: Thank you,

9 Mr. Glenn. Okay. With that said, Mr. Seith,

10 the Village of Wauconda, will be faxing a

11 courtesy copy to the petitioners by the end

12 of the day today and I assume that everybody

13 is familiar with each other's fax numbers,

14 facsimiles. Mr. Sofat, February 15th,

15 Tuesday --

16 MR. SOFAT: Yes.

17 HEARING OFFICER HALLORAN: -- you'll

18 be mailing it overnight on the 14th?

19 MR. SOFAT: I will be overnighting on

20 the 14th.

21 HEARING OFFICER HALLORAN: To all

22 parties, including the Board?

23 MR. SOFAT: Yes.

24 HEARING OFFICER HALLORAN: And I do

L.A. REPORTING (312) 419-9292

1 note that the Board will note the objections

2 submitted by the petitioners here today and

3 prior. And I do -- before I close again,

4 under contract, the transcript will be due,

5 let's see, Margaret, what was that? That was

6 eight business days so it will be due

7 February 21st but the 21st is a holiday so I

8 don't assume the Board will get it before the

9 22nd of February and at that time it will be

10 listed on the web site and you can print it

11 off from our web site from there, and I'll

12 make sure that as soon as we get it, the

13 clerk will scan it into the computer.

14 Anything else before we really

15 close this time? All right. Thanks again.

16 MS. MACFARLANE: I'm sorry, your

17 Honor. I'm sorry. The date, and I'm sorry,

18 the date that the record actually closes?

19 That's a question.

20 HEARING OFFICER HALLORAN: It will

21 actually close on March 7th, that's when the

22 reply briefs are due.

23 MS. MACFARLANE: Thank you.

24 HEARING OFFICER HALLORAN: Thank you.

L.A. REPORTING (312) 419-9292

1 Okay.

2 MR. SEITH: Thanks.

3 MR. SOFAT: Thanks.

L.A. REPORTING (312) 419-9292

1 STATE OF ILLINOIS )

2 ) SS.

3 COUNTY OF L A K E )

6 I, MARGARET MAGGIE JANKOWICZ, CSR,

7 do hereby state that I am a court reporter doing

8 business in the City of Chicago, County of Lake, and

9 State of Illinois; that I reported by means of

10 machine shorthand the proceedings held in the

11 foregoing cause, and that the foregoing is a true

12 and correct transcript of my shorthand notes so

13 taken as aforesaid.

16 ______________________________

17 Margaret Maggie Jankowicz, CSR

18 Notary Public, Lake County, Illinois

20 SUBSCRIBED AND SWORN TO

before me this ___ day

21 of ________, A.D., 2005.

_________________________

23 Notary Public

L.A. REPORTING (312) 419-9292