RE CE

Z

VE

D

BEFORE

THE ILLINOIS POLLUTION CONTROL BOARD

CLERK’S

OFFICE

MAY

2

92003

STATE OF ILLINOIS

SOLD WASTE AGENCY OF NORTHERN

)

Pollution

Control

Board

COOK COUNTY,

)

)

Petitioner,

)

)

vs.

)

No.

PCB 03-210

)

CITY OF DES PLAINES, ILLINOIS and,

)

(Pollution Control

Facility

DISPOSAL

MANAGEMENT SYSTEMS,

INC.

)

Siting Facility)

)

Respondent.

)

NOTICE OF FILING

TO:

See Attached Proof of Service

PLEASE TAKE NOTICE that on May 29,

2003, we filed with the Illinois Pollution

Control

Board, nine copies and an original ofthe attached Solid Waste Agency of Northern Cook

County’s RESPONSE TO DISPOSAL MANAGEMENT SYSTEMS, INC. AND CITY OF

DES PLAINES MOTION TO DISMISS PETITION in the above

entitled matter.

SOLID WASTE AGENCY OF NORTHERN

COOK COUNTY

By:_____

One o~

Its Attorneys

Patricia F.

Sharkey

Mayer, Brown, Rowe & Maw

190 South

LaSalle Street

Chicago, IL

60603

312-782-0600

Attorney Registration No.

6181113

Ti-us

DOCUMENT S

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PROOF OF SERVICE

Patricia F. Sharkey, an attorney, hereby certifies

that she served a copy ofthe foregoing

NOTICE OF FILING

and RESPONSE TO CITY’S MOTION IN OPPOSITION TO

SWANCC’S MOTION FOR RECONSIDERATION on the persons listed below by UPS

Overnight Delivery, on May 29, 2003.

David R. Wiltse

Joe Anderson

City Attorney

Disposal Management

Systems, Inc.

1420 Miner Street

420 Cutters Mill Lane

Des Plaines, IL

60016

Schaumburg, IL

60195

Patri

~a

1~.

Sharkey

THIS

DOCUMENT

Is FILED

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BEFORE

THE ILLINOIS POLLUTION CONTROL BOARD

RECEnzED

CLERIcs

GEPI(‘F

MAY

2

9

2003

SOLID WASTE AGENCY OF NORTHERN

)

STATE

OF ILLINOIS

COOK COUNTY,

)

Pollution

Control Board

Petitioner,

)

)

vs.

)

No. PCB 03-210

)

CITY OF DES PLAINES,

ILLiNOIS and

)

DISPOSAL MANAGEMENT SYSTEMS,

INC

)

(Pollution

Control Facility

Siting Facility)

Respondents.

)

RESPONSE TO DISPOSAL MANAGEMENT SYSTEMS,

INC. AND CITY OF

DES

PLAINES MOTIONS TO

DISMISS PETITION

Petitioner Solid Waste Agency ofNorthern Cook County (“SWANCC”) by Mayer,

Brown, Rowe & Maw,

its attorneys, hereby responds to the Disposal Management Systems,

Inc.’s (“DM5”) and the City of Des Plaines’

(“City”)

Motions to Dismiss SWANCC’s Petition

in this matter1, stating as follows:

I.

The DMS and

City contention that the DMS

siting application issued by default

is

both refuted by the record created by the City and DMS and at odds with representations made to

City Officials, SWANCC

and the Des Plaines City Council itself in January,

February

and

March 2003.

2.

The following documents, all ofwhich are public documents which

SWANCC

obtained from the City of Des Plaines pursuant to formal Freedom of Information Act

requests

before it filed its petition

in this case (f~ibitsI

and

2

hereto), demonstrate that

DMS waived the

The

OMS Motion

was served

on

Petitioner’s

attorneys by mail on

May

36,

2003.

The City Motion was served on

Petitioner’s attorneys by

mail

on

May

19, 2003.

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statutory review deadline

by continuing to actively participate in the siting review process.2 They

further demonstrate that, on the basis

ofDMS’s ongoing assurances that he would not enforce

the statutory deadline, the City continued to review the DM5 application and to make

representations to

SWANCC, the public and

its own City

Council as to

the on-going nature of

the

siting process.

A.

January 20,2003

e-mail correspondence from Ruth Broder, City ofDes Plaines

Community Development Coordinator, to

William Schneider, Acting City Manager (Exhibit

3 hereto):

“I met Friday with Chris Wolski Keep

Des Plaines Beautiful

Coordinator

and she gave me a draft copy ofher comments on the

DMS request for siting approval and SWANCC’s

comments,.. .Essentially, we both agree that the DMS request is

probably OK, but that they need to supply us with a copy oftheir

original EPA permit

and some additional information, as

mentioned in SWANCC’s comments.

Christine is preparing a

letter to DMS

outlining what

is needed. DMS

has already

said they

will send the permit

copy and has been sent a copy of SWANCC’s

comments...

The best course ofaction would probably befor DMS

to request to

amend their application and resubmit

it

with the

additional information.

This would give them

(and us) 90

additional days beyond the February 10 deadline to submit the

information and for us to review it.

I doubt it would take nearly

that long either... To summarize: though it is very

likely that we

will end up recommending

in favor ofDMS, they should supply

this additional information so that we can have it on record and

provide an

answerto SWANCC’s

objections

B.

January

22, 2003 letter from Joe Anderson, DM5, to

Ruth Broder Re: Request to

Establish

a Transfer Station at

103

Sell Rd. Des Plaines, IL

(Exhibit 4 hereto):

“In response to your letter of Jan.

16, 2003, may I first mention

that we at DMS have not tried to sh9rtchange the permitting

process for a transfer station.

...

We would like

to respond

to

the

items brought up by SWANC

sic.

Enclosed you

will find a

2

Please

note

that emphasis has

been added to

excerpts below

from

the

attached

exhibits.

2

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response to

each ofthe

items

in their letter ofDec.31,

2002....As

requested our STATE EPA

if is 0310635488

—

Cook County...”

C.

January 22, 2003

e-mail correspondence from Christine Woiski

to Ruth Broder

(Exhibit 5

(bottom) hereto):

“Please review second

draft. I made the changes you had

suggested.

Thanks. If it’s fine, I will email

it to Bill and

ask him to

sign

it and mail it

(since I won’t have his signed

copy.)

By the way,

should we spec~f5

a dale to receive this information (Le. calculate

90 daysfrom the

J80th

day we havefor replying back to

him or 90

daysfrom the Feb

3

Council agenda)?

Do you want to be the

contact person since already have been so far?...

I will email you

the council agenda letter tomorrow.

Basically it is recommending

the council to postpone a decision on this untilfurther information

is provided...”

D.

January 23, 2003 e-mail correspondence

from Ruth Broder to Christine

Wolski

Re:

DMS

Letter (Exhibit

5 (top) hereto):

“Chris this

looks very good. I would just suggest that we hold off

on sending it because Joe Anderson is plaiming on coming by

today to

drop off the copy of the permit.

He is also bringing other

information that he compiled based on SWANCC’s comments.

We

should look this over and delete from the letter anything that he

will have already given us.

He is

OK with delaying the vote and

willing to amend the

application,

but he does want to get this

resolved as soon as possible.

He

is very willing to try

and supply

us with whatever information we askfor and will try to do so

within

a couple ofweeks, max. therefore, I think it would be

a good

idea to put an end date in the

letter,

(90 daysfrom February

10

would be May II),

but we should shoot for thefirst council

meeting in Marchfor

a vote...”

E.

January

24, 2003

Internal

Memorandum from

Tim Oakley, City Engineer, to Ruth

Broder, Community Development

Coordinator,

Re: DM5

Waste Transfer Station Application (Exhibit

6 hereto):

“I

have reviewed the DMS application and the comments offered

by

SWANCC and

KDPB.

I agree that the application is

seriously

3

Tills

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lacking pertinent information to qualify DM5 as a waste transfer

station...”

F.

January

30, 2003

e-mail correspondence from

William Schneider to Christine

Wolski

(Exhibit

7 (bottom) hereto):

“Joe

Anderson called me about this... Can you two please

coordinate

a conference call with him for next steps... .Why would

he

have to

amend his application? I thought he just responded to

the SWANCC

letter and now it is up to

the City Council?.. .Please

advise which council meeting it will be on...”

ci.

January

30, 2003 e-mail correspondence from

Christine Wolski to

William

Schneider (Exhibit 7

(top)

hereto):

“Bill, Ruth has been the contact person for DM5. I passed my

comments to her after I reviewed both the DMS

application and

SWANCC’s comments.

Afterwards,

I believe she has met with

them and spoken to

them byphone.

The only modifIcation they

needed to their application was additional informationfor

the

cirterias sic

to which they agreed... This was supposed to

be on

the Feb 3 council agenda but when I had asked Ruth (this

was

necessary since DMSagreed to provide the additional information

right away

she stated that we

should not have to. IfDMS could not

provide

the information in a timely manner,

the council would be

asked to postpone

a decision until the information wasprovided

however,

since DMSprovided the information quickly,

Ruth said

she would go over it with my comments and see (what

we needed

was provided

We agreed that staffrecommendation would be

presented to council the 2~”

meeting in Dec sic.

.

.1

will speak to

Ruth in regards to the additional

information DMS provided. (I

have not seen what they had given her.)

We know what the

decision will be but we

needthat extra information onfile,

especially when we reply to SWANCC.

We

‘Ii talk w/DMS.”

H.

January

30, 2003 e-mail correspondence

from Brooke Beal, Executive Director of

SWANCC, to William

Schneider (Exhibit

8 (bottom) hereto):

“When will the City Council formally consider the DMS transfer

station application for siting approval.7

4

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January

30, 2003

e-mail correspondence from William Schneider to Brooke Beal

(Exhibit

8 (top) hereto):

“I think we are

shooting for the March

3t~I

meeting

—

you

can

call

our City Clerk’s Office at 847-391-5310 for follow up”

J.

February 4, 2003

e-mail correspondence from Christine Wolski to

Ruth Broder

(Exhibit

9 (bottom) hereto):

Even though DMS gave us information on emergencies,

it does

not seem to satisfy emergency response to accidentalspills or

sudden asbestos loads,

(I agreed withyou on this before.

)

Perhaps

Mr. Anderson can supply the City with a plan...1 would

recommend an approvalfor a conditional/restricted permit (not

allowing any other material besides what is stated in

the

application

—

once theyprovide an emergency response plan... The

deadlinefor the February

J8th

Council

is this Friday

—

202/02.

Perhaps we can got on this agenda rather than March 3?

That way

DMS does not

have to wait anotherfew weeks...”

K.

February 4, 2003 e-mail correspondence from Ruth Broder to

Christine Wolski

(Exhibit

9 (top) hereto):

“1 basically agree with you on the application.

Would you mind

writing DMS a letter to request that they supply an emergency

response plan?

This seems to be everyone

‘5

primary concern....As

to the schedule, I had thought it was on the agenda/or February

18...”

L.

February 4, 2003 e-mail correspondence from Christine Wolski

to Ruth Broder

(Exhibit

10 (bottom) hereto):

“1 spoke with Donna Czech from IEPA

in regards to DMS..

Since

I initially called to see i/I can get a

copy of theirpermit and

possibly

emergencyplan,

but then found there is no permit, I

inquired if the IEPA questioned an

emergency response plan...

Since Criteria 7 states,

‘

if the facility will be treating, storing or

5

Tins

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disposing ofhazardous waste

and DM5

state that they are not,

I

still think we

should at least get a little

emergency responseplan. I

have afeeling SWANCC will be on

this.

1 know you wantedme

to

write them but do you think Ishould call them

instead? It maybe

faster service.”

M.

February

6, 2003

e-mail correspondence from Ruth Broder to Christine Wolski

(Exhibit

10 (top) hereto):

“.1 think

a phone

call would be fine,

especially since Donna

McAllister has informed me that the case IS on the February

agenda... Joe Anderson/DMSphone #

is (847) 390-0300. another

number is (847) 375-9626. Do you mind doing the memo? If

it

is

going to be any problem,

let me know and I’ll askDonna

to

reschedule to the March 3.”

N.

February 6, 2003

e-mail correspondence from William

Schneider

to Ruth Broder (Exhibit

11

(top) hereto):

“OK

—

I

also spoke to the County environmental

department on

other issues

and they said that they would send a letter in support

ofthe permit to

offset SWANCC opposition...”

0.

February

6, 2003

e-mail correspondence

from Ruth Broder to Brooke Beal and

William Schneider (Exhibit

11

(bottom) hereto):

“Actually Donna has toldme that

it is Feb.

18,

but we may need o

reschedule to March

3,

(we

don

‘t

have

time to prepare a memo to

Council.

We are still waiting on apiece of informationfrom

DM5.”

P.

February 6, 2003

memorandum from Christine Woiski to

Donna McAllister, City

Clerk, and William

Schneider, Acting City Manager, Re: Item for February

18, 2003

City

Council Committee Agenda, Disposal

Management Systems Application (Exhibit 12 hereto):

The

Community Development Department and KDPB

recommends the Council to approve the construction and

demolition transfer station applicationfor Disposal Management

Services...

6

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Q.

February

12,

2003

letter from Joe Anderson, DMS, to Ruth Broder (Exhibit

13

hereto):

We would like to respondto your concerns ofasbestos entering

ourfacility and of oil leaks from the equipment...”

R.

February

18, 2003

email

correspondence from Christine Wolski to

Ruth Broder

(Exhibit

14 (bottom) hereto):

“Can you call M Anderson to confirm his presence at the council

meeting (or his representative)? Did he mail you an emergency

respose sic

plan? I’ll be in City Hall this afternoon

—

can Iget a

copy ofit?...”

S.

February

18, 2003

e-mail correspondence from Ruth Broder to

Christine Woiski

(Exhibit

14

(top)

hereto):

“I will call him today.

He did not really send an

emergency

responseplan, per se, but did send a

briefletter, dated February

12,

outline the steps that would be taken incase ofan emergency

You are welcome to have a copy of it...”

T.

February

18, 2003

e-mail correspondence from

Brooke Beal

to William

Schneider (Exhibit

15 hereto):

“I saw that the

DIV/S transfer station is on tonight’s meeting

agenda.

Is there any information that was sent to the City Council

that is public information? If there

is,

can Iget a copy prior to the

meeting...”

U.

The February

18,

2003 action of the City of Des Plaines Public Works Committee

(Exhibit

16 (

at p. 7) hereto)

,

in which, according to the City Council

minutes:

“Alderman Brookman reviewed the request from Disposal

Management Systems,

101-103 Sell Road, for a transfer station

permit for the Illinois Environmental

Protection Agency (IEPA),

7

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which requires approval of the municipality

in which they are

located before seeking approval from the JEPA.

.

.

.Moved by

Beauvais, seconded

by Becker, to concur with the Staff

recommendation and recommend to the City Council to approve

the construction and demolition transfer station application to the

Illinois Environmental Protection Agency for Disposal

Management Services, 101-103 Sell Road.

Motion declared

carried.”

V.

The February

18, 2002 action ofthe City of Des Plaines City Council (Exhibit

16

(last page)), in which, according to the City Council minutes:

“Transfer Station

Permit/I 01-103 Sell: Moved by Brookman,

seconded by Christiansen,

to

concur with the recommendation of

Committee ofthe Whole to

approve the construction and

demolition transfer station application to the Illinois

Environmental

Protection Agency for Disposal Management

Services,

101-103

Sell Road. upon roll call, the vote was...”

W.

February 20, 2003 e-mail correspondence from Christine Woiski to

Ruth Broder (Exhibit

17 hereto):

“A letter needs to be sent to DM5 stating that they have

the city ‘s

approval and maygoforth to applyfor

an IEPA transfer station

permit.

Who will be writing this

—

CD

or PW?

It will need to be

signed by Bill.”

X.

March

11,

2003

Freedom of Information Act Request

from SWANCC

attorneys

to

City of Des Plaines (See Exhibit 2 hereto):

“Pursuant to

the Illinois Freedom ofInformation Act (“FOIA”)

(5

ILCS

140/I

et seq.), I hereby request a copy of the following

public records:... 1. A copy of thefinal

written decision ofthe

City

ofDes P/ames in the matter of the Disposal Management Systems,

Inc.

applicationfor siting a transfer station

at

101-103 Sell Road

in Des Plaines, Illinois...”

Y.

March 21, 2003

memorandum

from

Ruth Broder to Nancy

Peterson, Des Plaines

FOIA officer, included in the City’s response to

SWANCC’s

FOIA

request (Exhibit

18 hereto):

8

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“Attached is the information requested in the above referenced P01:

Request

1.

A copy

of thefinal

written decision qf the City ofDes P/ames

in the

matter ofthe Disposal Management

Systems, Inc application for siting

a transfer

station at

101-103 Sell Road in Des Plaines,

Illinois

...

Responsej

Attached is

a

certified copy ofthe minutes ofthe

February 18,

2003 meeting ofthe Des Plaines

city council at which the

City Council voted to

approve the transfer station

application

(page

7). Also attached is

a copy of the Certification of

Siting

Approval

(LPC-PA8), signed by Mayor Anthony W. Arredia and attested by City

Clerk Donna McAllister.

A

letter

will be sent to

Disposal Management Systems,

Inc.

the weekof March 24,

2003,

along with the Certyication,

describing the

conditions ofapprovaL A copy will be sent to SWANCC.”

Z.

March 26, 2003

letter from

William Schneider, Acting City Manager, to Joe

Anderson, DMS

(Exhibit

19 hereto):

“On February 18,

2003,

the Des P/ames City Council approved local siting/or

a

transfer station at Disposal Management Systems (DM8),

inc. located at

103 Sell

Road in Des Plaines,

IL.

The facility hasprovided the City adequate documents

and has satisfied the criteria under the Illinois Environmental ProtectionAct

(“ACT”)

TitleX,

Section 39.2.

Disposal Management Systems,

inc. mayproceed

in applying to

the Illinois Environmental Protection Agency (JEPA) to obtain a

transfer stationpermit.... The

City ‘s approval

is contingent

upon thefollowing

conditions:... The

City

is enclosinga signed and notarized IEPA Certification of

Siting Approval (LPCPA8) that was supplied with the original DM8

application...”

3.

The e-mail correspondence

in this record indicates that DMS verbally

agreed to

waive the deadline in conversations with

City officials. But even if DMS

didn’t explicitly waive

the deadline, it did

so by continuing to actively participate in the siting process and

leading all of

the parties involved—including SWANCC

—

that

it had waived the deadline. By way of

meetings, phone calls, and sending the City additional information

in an effort to support its

application right up to and afterthe purported February 4, 2003 decision deadline, DMS

waived

its right to a decision by default.

City of Rockford v. County of Winnebago

(App. 2 Dist.

1989)

9

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186 III. App.

3d

303,

542

NE2d 423

(Siting applicant waived compliance with the

180-day

statutory deadline for action by the local

siting body when it continued to

participate in

proceedings without notice to siting body of its intent to hold

to the

180-day deadline.); Citizens

Against the Randolph Landfill (CARL) v.

Pollution Control Board

(App.

4 Dist.

1988), 178

111.

App. 3d 686,

533 NE2d

401

(By participating in public hearings after the deadline for such

hearings had passed, the siting applicant waived its right to a decision on or before that date.)

4.

Disingenuously,

DMS and the City now claim all

of their various actions leading

up

to and

including its

March 26, 2003

approval letter were “mere formalities.”

But the record

tells

a different story.

It is clear that the City officials and employees working in the siting

application process, the Acting Village Manager, the Mayor and the City Council

itself all

believed and were led

by DM5 to believe: that their actions were governed

by Section 39.2 of the

siting process, that they

were working with DMS

to get additional

information to

support the

City’s

action on the application, that DMS had agreed to waive the statutory deadline, that the

City’s

Council vote was a necessary action, and that the City’s March 26, 2003

written decision,

reflecting the February

18,

2003

vote and including multiple conditions on DMS’s operations,

was a required and meaningful

document. The City and DMS

cannot

re-write history at this

point and claim that the DM5

application issued by

default and that

all ofthe City’s labor and

actions on that application in the days and weeks leading up to

and following that date were, as

DM5 puts

it

in their Objection to the Petition, a “mere formality.”

5.

If

this matter has been plagued by ambiguity as to

when the 35

days for appeal

was triggered, it is by the actions of DMS and the City themselves. Third party siting appellants

shouldn’t have to guess at when an

appeal period

is triggered. A siting applicant and

siting

10

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authority have a duty to the public to make their actions clear.

When a siting applicant tells City

officials that it has waived a

decision deadline and leads a City Council and

the interested public

to believe it has waived the deadline, and then, when faced with an appeal,

tries to hide behind

the statutory deadline, that applicant should not be rewarded with a default approval that

cuts-off

the public’s rights. That the City itself supports this revisionist history, even at the risk of giving

up the conditions they themselves placed

on DMS’s operations in their written approval, also

should not

be condoned by the Board.

6.

Finally, the City’s argument

that the April

117, 2003

Board decision in

this matter

is

resjudicata

as to the Board’sjurisdiction in this matter is simply wrong. A motion to

reconsider stays the effect ofthe order for which

reconsideration is sought until final disposition

of the motion.

35

III. Admin Code

101.520(c)

WHEREFORE,

SWANCC respectfully requests that the Board deny both the DMS

and City

Motions to Dismiss in this

matter and accept SWANCC’s Petition for hearing.

Dated:

May 29, 2003

Respectfully submitted,

SOLID WASTE AGENCY OF NORTHERN

COOK COUNTY

By:________

On~

ofIts Attorneys

Patricia F. Sharkey

Mayer,

Brown, Rowe & Maw

190 South LaSalle Street

Chicago, IL

60603

11

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312-782-0600

Attorney Registration No.

6181113

FirinNo

38918

12

Tnis

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FILED ON RECYCLED

PAPER

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STATE OF ILLINOIS

)

)

SS

COUNTY OF COOK

)

AFFIDAVIT OF ATTORNEY

The undersigned, Patricia

F. Sharkey,

being

first

duly

sworn

upon

oath states that

she

is

one of the

attorneys

for

the

Petitioner

in

this

action,

Solid

Waste Agency

of Northern

Cook

County vs. City of Des Plaines.

Illinois

and

Disposal

Management

Systems.

Inc.,

PCB

03-2 10,

and that based

upon her personal knowledge

and

investigation of the

facts stated in the attached

Response

to

Disposal

Management

Sytems,

Inc.

and

City

of Des Plaines

Motion

to

Dismiss

Petition,

certifies

her

knowledge

and

belief that

the allegations

contained

in

this

Response

to

Disposal

Management

Sytems,

Inc.

and

City of Des Plaines Motion

to

Dismiss Petition

are true

in substance and in

fact.

PA~ItCIAF. SHARK~Y

STATE

OF ILLINOIS

)

SS.

COUNTY OF COOK

)

Signed and sworn to

by Patricia F.

Sharkey,

who

is personally known to

me and appeared

before

me,

a Notary

Public,

in and

for the County of Cook,

State of Illinois,

on

this

29th

day of

May, 2003,

in order to affix her signature as her

free and

voluntary act.

Patricia F.

Sharkey

Attorney for Respondents

OFFICIAL SEAL”

Mayer, Brown, Rowe & Maw

DonnaM. Draper

Notary

Public, state

of Illinois

190 South LaSalle Street

My

Commission

Exp. 03/2512006 ~

Chicago, Illinois

60603

w*,~~JW.r.7

312-782-0600

THIS DOCUMENT IS FILED ON RECYCLED PAPER

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(Office Use Only)

02-

RECEIVED by:__________________

Date:_______________ Time:______________

REQUEST

FOR PRODUCTION OF

RECORDS

TO:

Donna

McAllister,

City

Clerk

Date:

February 20,2003

City ofDes

Plaines

1420

Miner

Street

Des Plaines,

IL

60016

1 hereby request production ofthe following

records:

The entire

record forwarded to the Board including, but not limited to:

1) a Certified copy of the resolution

that approved the

DMS transfer station by the City Council on February 18,2003

2) Copies of all

correspondence between theCity and Cook County,the

EPA and any other comments from the public or

government bodies surrounding the DMS transfer station application for local siting approval.

Check which of

the

following apply:

______________

I will inspect these records at

the

Office

of the City Clerk.

ALL

I request

copies of

the following

records

and agree to pay

$0.05 per page

Therefore. (If requesting copies of all records listed above, state “all”.)

~ALL

Please certify these documents.

I agree to pay

$1.00 for each document certified,

which is in addition to the costs per page.

I

warrant

and represent that the records requested will not be used for purpose of furthering any

commercial purpose.

NAME:

Elizabeth

C. Gresham

ADDRESS:

1616

East Golf Road

CITY:

Des Plaines

STATE;

IL

ZIP CODE:

TELEPHONE:

(Office)

(Home)

(847) 25g-1098

REPRESENTING:

Solid Waste

Agency of

Northern

Cook County

_________

EXHIBIT

1

---

-2-

Elizabeth C.Gresham

FOLLOWS:

BEThG

The records requested are to be used for the following purposes:

To keep abreast

of

current

transfer

station trends in the

Cook County.

February 20,2003

Subscribed

and

sworn to before me

This

Day

of’

~

ci

20Q23

+a~e

NOTARY

PUBLIC

\~T~z

Dated:

---

03-165

INTER-OFFICE MEMORANI) UM

City Attorney’s

Office

To:

Nancy Peterson, Deputy City Clerk

From:

Ray Bartel, Assistant City Attorney

Re:

FOIA

Request Number 03-047

Date:

March

3, 2003

I

have

reviewed

the

FOIA

request

by

Elizabeth

Gresharn

on

behalf of SWANCC

and

the

contents therein.

The information attached may be

submitted to Ms. Gresham.

Ifyou have any questions, please feel free to

contact me at my office.

RPB:dl

dlVoia\.approve Otesham

sw~~cc

as

is

---

•

‘

I

MAYER, BROWN, ROWE

&

MAW

90

SOUTh

U~

SALLE

STREET

CHICAGO,

ILLINOIS

60603-3441

PATRICIA F. SI-IABICEY

•

•

MAIM

TELEPMONE

COUNSEl.

(3(a)

7aa-oeoo

thREcr

DIAL

(31

2~701 -795Z

MAIN

FAX

OIRECTFAX(312)70&9113

(312)7Ot-77l1

ptharKey~may&brOwflrOwe.com

March

11, 2003

VIA UPS

OVERNIGHT DELIVERY

Donna McAllister, City Clerk

City ofDes Plaines

1420 Miner

Street

DesPlaines, IL

60016

Re:

FOIA Request

DisposaS Management

Systems. Inc.

Transfer Station Siting

Dear Ms. McAllister:

Pursuant to the Illinois Freedom of Information Act (“FOIA”)

(5

ILCS

140/1

et. ~g.),

I

hereby request a copy ofthe following public records:

1.

A

copy ofthe final written decision ofthe City of Des Plaines in the

matter ofthe Disposal Management Systems, Inc.

application

for siting a transfer

station at

10 1-103 Sell Road in Des Plaines, Illinois.

2.

A

copy ofall written notices provided by the City ofDes

Plaines or b.y the

siting applicant ofthe December 2,2002 public hearing in the matter of the

Disposal

Management Systems, Inc.

application for siting of a transfer station at

101

—103 Sell Road in Des Plaines, Illinois.

3.

A copy ofall

notifications published

in a newspaper of general circulation

providing notice of the December 2,

2002 public hearing in the matter of the

Disposal

Management Systems,

Inc. application for siting of a transfer station

at

101-103 Sell Road in

Des Plaines, Illinois.

4.

A copy ofall

correspondence,

documents, photographs, and any other data

or information provided to the City of Des Plaines or any of its

individual

employees

or officials

by Disposal Management Systems, Inc. in connection with

its application for siting a transfer

station at 101-103 Sell

Road, Des Plaines,

Illinois, including, but not limited to, any

emergency response or fire, hazardous

substances or spill response pian.

EBIT

---

•

—

MAYER, BROWN, ROWE

&

MAW

Donna

McAllister

Page 2

March

11, 2003

5.

A copy ofany letter or other form of correspondence dated January

16,

2003

from Ruth Broder to Disposal Management Systems, Inc.

or pertaining to

Disposal Management Systems, Inc.

6.

A

copy ofany

letter or other form of correspondence dated February

12,

2003

from Disposal

Management Systems, Inc. to Ruth Broder or any other

employee or official ofthe City of Des Plaines pertaining to

emergency response

or fire, hazardous substances or spill prevention and response at the proposed

transfer station.

In accordance with Section

8

ofthe FOIA

(5

ILCS

140/8),

I request that any public

record that is

exempt from

disclosure under Section

7 ofthe FOIA (5 ILCS

14017)

but which

contains material that

is not exempt be produced with only the exempt material redacted.

In

addition, please identify each document withheld and the reason why it was not provided.

I

agree to pay a fee of$0.05

per page for the copying ofthis

information and an

additional

fee of$1.00 for the certification of each document.

I also represent and

warrant

that

the records requested will not be used for purpose of furthering any

commercial purpose.

Please contact me at (312) 701-7952 at your convenience to

discuss payment and any

other issues you deem relevant.

Thank

you for yourassistance.

5’

cerely,

I, Patricia F. Sharkey, BEING DULY

SWORN

ON OATH SATE AS

FOLLOWS:

The

records requested are to be used for the following purposes:

A review ofthe public records ofthe siting proceeding.

Patri&ia

.

harkey

Dated: March

11, 2003

Subscribed

and sworn to before me

this

I

1th

day of March, 2003.

~

/J

Donna

M. Draper

cTh—’s’&

Yfl

k

J-~

&/2t-~

Notary Public,

Slale

of

Illinois

Notary

Public

My

Commission LIp.

03/25fl1yJ6

1172046.1

03100902

---

tR~stineWoiT:i~posaiM~iigement

Systems

Pa~

From:

Ruth Broder

To:

William Schneider

Date:

1/20/03 8:37AM

Subject:

Disposal

Management Systems

I met Friday with Chris Woiski

and

she

gave

me

a draft copy of her comments on the

DMS request for

siting approval

and

SWANCC’s

comments.

Essentially,

we both

agree that the DMS request is probably

OK, but that they need to supply us with a

copy

of their original

EPA permit and some additional

information, as mentioned

in SWANCCs

comments.

Christine is preparing

a letter to

DMS outlining what is needed.

DM5

has already

said they will send the

permit copy and

has

been sent

a copy of

SWANCC’s comments.

The

best course

of action would probably

be for

DMS to

request to amend their application

and resubmit

it

with the additional

information.

This would give them (and

us)

90 additional days beyond the February

10

deadline to submit the information and for us to review it.

I

doubt it would take nearly that long either way.

To summarize:

though it

is

very likely that we

will end up recommending in favor of DMS, they should

supply this additional

information so that we can have it on record

and provide an answer to

SWANCC’s

objections.

will forward you

a copy of Christine’s comments

and letter when they are ready.

In the

meantime,

I have also

provided copies of DM5’ application and SWANCC’s comments to Tim

Oakley for

his review.

Ruth

CC:

Christine Wolski

---

DIsPoSAL

MANAGEMENT

SYSTEMS,

INC.

2°~

7ata~i

Dispatch

420 Cutters

Mill Lane

•

Schaumburg,

Illinois

60195

Billing

847-390-0300

www.disposalmanagement.com

847-375-9626

877.4~CONTAlNER

Fax:

847-375-9635

.Tanuary

22,

2003

City of Des Plaines

Department of Community Development

1420 Miner St.

Room

301

DesPlaines,II. 60016

RE: Request to Establish

a Transfer Station at

103

Sell Rd. Des Plaines,ll

Dear Ms. Broder:

In response to your letter ofJan.

16, 2003

may I first mention that we at

DMS have not tried to shortchange the permitting process for

a transfer

station. To the best ofour knowledge we have abided by the

State of

Illinois’s rules

for permitting

a transfer station,

One area of confusion

is

what is

required for

t

local

siting and what is required for the

state EPA.

We

supplied-an accurat&sun~maxyof our intentions to the City of Des

Plaines,

so that the

council member~

coul4 make an informed judgment

We

have prepared,

in

the past,

and

are now

sub’iiuittmg more details that we

think only apply1o -the state EPA requiteitents

These rtems include things

such as co~Te&pf

aprpublic notice mailings,

detailed operating descriptions,

floodplain informatkn and other techni.ô~i

items.

It is our understanding that the permitting process allows

for local approval,

followed up by

the state EPA’s technical

evaluation of the plan, once

loca1

siting

is approved.

I would also like to note that we have had visits by staff

personnel

from the city ofDes Plaines and Elk Grove Village to inspect our

operation.

We have worked with many people to make

sure this project is

completed in the proper way, including Mr. Gary Cima with the state EPA.

and Mr. Hogensen from Des Plaines.

We would

like to respond to the

items brought up

by SWANC. Enclosed

you will

find

a response to each ofthe items in their letter of Dec.

31, 2002.

As requested our STATE EPA #

is

03 10635488—Cook County. Enclosed

please see an inspection report dated April 26, 2002 form the state EPA.

Printed on

100

recycled paper

EXHIBIT

4

---

We trust the enclosed documentation will answer

all ofyour questions. If

not, please call me ~

847-375-9626.

Sincerely,

7--

/

~

~

-c—c

The Anderson

---

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---

DISPOSAL

MANAGEMENT

SYSTEMS.,

INC.

RecØat9

7o’t W?

Dispatch

420 Cutters

Mill Lane

•

Schaumburg,

Illinois

60195

BilIin~

847-390-0300

www.disposalmanagement.com

.

847-375-962t

877-4-CONTë~INER

.

Fax:

847-375-963!

DMS’S

Response to SWANC’S

letter of

12/31/02 (1/22/03)

Page #1:

Enclosed please find all ofthe supporting documents that we have

prepared

for the

State EPA.

We have been working on this project for over a year

starting with our initial request on

1/3/2002 to Mr. Patrick Hogensen.

Please

read this letter which describes our operation and needs.

The enclosed

documents were not provided to the City of Des Plaines because we believe

they are only required by the Stae EPA.

SWANC says we can take loads below

75

recyclable and they are correct.

However, at

the

end of the day, ifwe take

all 50

recycle loads we will not

meet our 75

requité’~ent~

For eyed 50

load we bring in we need to bring

a load of 100~recyclablewla.ich is yery rare

~

Page#2

:

I

-

We are requesting a conditional_permit.

We want to be able to process

construction and demolition waste and cdmmercial

loads of cardboard,

wood, concrete, brick, asphalt, steel, palletts ~nd dirt. We have no intention

~)

of handling waste from homes, cafeterias, restaurants

and other putrid types

waste. We also have

no intention of selling our company or facility. We are

a family run business. My brother and I have been in business for 21

years.

Any changes to the permit would have to be approved

by the village council.

Page#3:

Rick Anderson was at the public hearing and was available to answer any

question. To my knowledge there is not a state requirement to have expert

witness testimony.

jThe

facility will serve an area ofapproximately

a 25-mile radius

Printed on

100

recycled

paper

---

•

The need for recycling

is obvious. Would we as

a society rather put material

into a hole in the ground, or recycle it into useful products? The major goal

of the Cook County Solid Waste P!an is to recycle as much

as possible.

Landfill diversion is the goal.

Page #4

Suffice

it to

say that there

are no quarry pits nearby. Recycling concrete to

gravel near by at Vulcan material

is

an economic advantage to the local area.

If

it were not economical

I am sure Vulcan would not have any customers.

SWANC list

6 facilities that they say recycle construction debris. This is

misinformation, Groot only recycles cardboard and pallets and

does not sort

construction lOads.

American wood

only grinds pure wood and pure dry

wall; Vulcan material only accepts pure brick or pure concrete. This means

no paper,

wood or cardboard allowed.

We know this because, this

is were

we send our recycled material. All ofthe facilities listed do not sort loads,

they only accept “clean” loads.

We at DMS dump the loads

and

sort the

material for shipment to the type

of

facility listed

in their letter.

The nearest facility that provides similar services to DM5 is

located in

Meirose Park,

II.

Our daily estimates of the recycled material are included in our operating

information for the

state.

This facility will process a maximum of 25 loads per day. This will vary

depending on the type

of material.

Page#5

The location of the

facility is perfect for a transfer station. The site

is zoned

~

industrial and

is more than

800 feet from an area zoned residential.

Your

staffpeople have been to the

site to evaluate the area.

We have included

a drawing of the facility.

---

Enclosed

are

an aerial photograph and zoning map ofthe area showing the

required 800

feet separation from land zoned residential.

City of Des Plaines Engineering has certified that this is not located in a

100-year flood plane

(See letter of3/1/02).

The design ofthe facility is described in the letter dated July

102002 to the

state of Illinois.

Page #6

See

letter ofJuly10,

2002

Page#7

See letter ofJuly10,

2002

Page#•8

Criterion 6-.

The traffic pattern requirements

are overstated.

Section39.2 vi

states “the traffic patterns to or from the facility are so designed to minimize

the impact

on existing roads” Our

facility will increase truck traffic

by

approximately

I

truck per hour. This is hardly an impact in our area.

See letter ofJuly10, 2002.

.Page#9

See copy of“Amendments to Cook

County Environmental

control

Ordinance”

Regulated recharge

areas are rare in this

area ofthe state

as per Mr. Gary

Cima of the

State EPA. He has said this

is reviewed by the agency when the

permit is submitted.

Enclosed find copies of the

31 notices for the public hearing that were sent

out in July of2002

Summary;

---

We

ask that you

approve our request so we can begin recycling greater

quantities of material after state approval,

---

From:

Ruth Broder

To:

Christine Wolski

Pate:

1/23/03 8:59AM

Subject:

Re:

DMS Letter

Chris,

This looks very good.

I

would just suggest that we hold

off

on

sending

it because Joe Anderson

is

planning on

coming by today to

drop

off

the copy of the permit.

He is also bringing other information that

he compiled based

on

SWANCC’s comments.

We

should look

this over and

delete from

the letter

anything that he will

have already

given us.

He is OK with

delaying the vote and willing to amend the

application, but he does want to get

this

resolved as soon as possible.

He is very willing to

try and supply

us with whatever information we ask for and will

try

to do

so within

a couple of weeks, max.

Therefore,

I

think

it would

be

a

good idea to

put

an

end date

in the letter,

(90 days from February

10 would be May

11),

but

we should

shootfor the first council meeting in

March for

a vote.

Regarding the

O’Hare expansion,

he seems to think that

his property will not be needed for several years,

and that even if the

airport acquires it, theywill be able to lease it back from them for some time.

Christine Wolski 01/22/03 05:2GPM

Ruth,

Please review second draft.

(made the changes you had suggested.

Thanks.

If it’s fine,

I will

email

it to Bill and

ask

him to sign

it and

mail it (since (won’t

have his signed copy).

By the way,

should we specify

a date

to receive this information

(i.e. calculate 90 days from the

180th day

we have for replying back to

him

or 90

days from the

Feb 3

Council agenda)?

Do you want

to

be the

contact person since you already

have been so far?

I

will email you the council

agenda letter tomorrow.

Basically

it

is

recommending the council to postpone

a

decision on

this

until further infomation

is provided.

Thanks.

N

ULQ-cth’~CL~

t~MS

v

sutL~

Rufk~~

C

---

CITY

OF

DES PLAINES

1420

Miner /

Northwest

Highway

•

Des

Plaines.

Ilinoic

60016-4498

•

C847)

391-5300

INTERNAL MEMORANDUM

DATE:

January 24, 2003

REF.

#

03035

TO:

Ruth

Broder

Community

Development

FROM:

Tim Oakley, P.E.fJf~

City Engineer

~

REFERENCE:

DMS Waste Transfer Station Application

I have reviewed

the

DMS

application

and

the comments

offered

by

SWANCC

and

KDPB.

I

agree

that the

application

is

seriously lacking

pertinent information

to

qualify DMS

as a waste

transfer station.

The Engineering department has concerns with only

two

elements at this time:

I.

(Criteria

6)

The potential

increase

in traffic

due to

acceptance of more truck

loads

at the

facility.

If an

estimated

number of loads

is provided by DMS,

we

can

compare existing

traffic volumes to projected volumes

and determine if any

improvements may be required

such as

intersection and/or roadway widenings,

signalization

adjustments, or upgrades

to

roadways

and/or

driveway entrances.

It is noted

that the facility

is located in an

industrial

area

and

near

sufficient

truck routes.

It Is not

likely that

any

additional

truck volumes

will

impact sensitive

areas

like

schools,

residential neighborhoods, or parks.

2.

(Criteria

7)

The

procedure

for

handling

accidental

spills

and

appropriate

emergency

response

plan.

A

comprehensive

emergency

response

plan

should be

submitted by DMS

and

should

include

evacuation routes.

The Engineering department

can

review

proposed

road

closures

and detour

routes

that may

be necessary in

the

event

of an

occurrence.

Please call me with

any

questions.

I\TEP

TPO/BLS/bls

JAN

2

8

2O~~’

:Dept~

of

Community

Develup””’

•CTYOF~

City

of

Des

Plaines

Un

QES PLANES

ILLINOIS

---

DM5

-

permit

_____________________

Page

1

sx~_a

__________________________

‘~‘

From:

Christine Wolski

To:

William Schneider

Date:

1/30/03

12:43PM

Subject:

Re:

OMS

-

permit

Bill,

Ruth

has been the

contact person for DM5.

I

passed my comments to her after

I reviewed both

the DMS

application and SWANCC’s comments.

Afterwards,

I

believe she has met with them and spoken

to them

by phone.

The only modification they needed to their application was additional information for the

criterias to which they agreed.

This was

supposed to

be

on

the Feb 3 council agenda

but when

I

had asked

Ruth if this was necessary

since DM3 agreed

to provide the additional information right away, she

stated that we should not have to.

If DM5 could not

provide

the information

in a timely manner, the council would be asked to postpone a

decision until the information was provided.

However, since DM5 provided the information quickly, Ruth

said she would go

over it with my comments and see if what we needed was provided.

We agreed that

staff recommendation

would be presented to council

the

2nd meeting

in Dec.

I

will speak

to Ruth

in

regards

to

the additional

information

DM8 provided.

(I have not seen what they had

given her).

We know what

the decision will be

but we

need that extra information on

file, especially when

we reply to SWANCC.

We’ll talk

w/ DM5.

Thanks.

William Schneider 01/30/03

11:39AM

Joe Anderson called

me about this

Can you

two

please

coordinate

a conference call with him for next

steps.

I have no idea what to

do with this guy?

Why would he have to amend his

application?

I thought

he just responded to the SWANCC letter and now

it is up

to City Council?

Please advise which council meeting

it will be

on.

After

all,

quite frankly, this

guy is in the

O’hare

Acquisition area and Chicago is sending him

offer

letters weekly to condemn him

He will be out of

business soon.

William Schneider,

Jr.

City of Des Plaines

Asst. City Manager/

Economic Development Director

Phone:

847-391-5651

Fax:

847-391-5378

EXHIBIT

7

---

~tI~th&Wolski

-

Re:

DMS transfer station

Pagel~

~

_*~_~

-

From:

William

Schneider

To:

Allegro5:”brooke~swancc.org”~Allegro5.hub

05

~

Date:

1/30/03 3:36PM

Subject:

Re: DM3 transfer station

I

think we are shooting for the

March 3rd meeting

-

you

can call our City Clerk’s

Office at 847-391-5310 for

follow

up

William Schneider, Jr,

City

of Des

Plaines

Asst. City Manager /

Economic Development Director

Phone:

847-391-5651

Fax:

847-391-5376

“Brooke

Beal” brooke~swancc.org

01/30/03 02:57PM

Bill:

When will

the City Council formally consider the DM5 transfer station

application for siting approval?

Thanks foryour help.

Brooke

C.

Brooke Beal

Executive Director

SWANCC

brooke(ä~swancc,org

847-296-9205 voice

847-296-9207 fax

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08/19/2000

+

+

—

—

CC:

Christine Wolski;

Nancy Peterson;

Ruth Broder

EXHIBIT

8

---

ge:DMS Application

______________

Page1~

-~—--,.,.—

~

-,--,~,

~

From:

Ruth

Broder

To:

Christine Wolski

Date:

2/4/03 10:43AM

Subject:

Re: DM5 Application

Chris,

I

do have copies of all

DM3’ notices.

Didn’t see any reason to send them over to you, though you are

welcome to look at them if you want to.

I basically

agree with you

on the application.

Would you mind writing DM3

a letter to request that they

supply an emergency response plan?

This seems

to

be everyone’s primary concern.

As for the O’Hare

expansion,

I think

it is mainly DM5’ problem; if they want to proceed, it is primarily going to affect them if

they end up

getting

bought out.

They are aware that our approval

is only for this particular site.

As

to the

schedule,

I had thought it was on the agenda for February

18.

I’m not sure why it has been

changed, unless the agenda was simply

too full

and Donna decided to move it.

I’ll check and get beck to

you.

Thank you

again forall

your help with this

project,

Ruth

Christine Wolski

02/04/03 10:36AM

Ruth,

I

know we

have spoken and are on the same thinking path for this application but

I wanted

to get in touch

with you on the additional

information you sent over to

me (by the way, thanks!).

I

have reviewed the additional

information that DM5 provided

to you.

DM8 must understand that the

reason we

requested this information

is to

satisfy the City’s concerns and SWANCC’s concerns for the

facility.

Even though DM5 gave us

information on emergencies,

it does not seem to satisfy

emergency response

to accidental spills

or sudden asbestos

loads.

(I agreed

with you on this before.)

Perhaps Mr. Anderson

can

supply the

City with a plan.

He can refer to the

emergency plan he provided

for the IEPA that he

should have attached with his original application for the recycling facility.

My other concern is that

his

property is in the O’Hare expansion

plan.

I

think you mentioned that he seemed

unsure but

I

would

recommend

that he speak with

someone

in this expansion plan to confirm if his property is one that will be

bought or spared.

If it will be bought, he should find out what length of time he has on this property for his

own knowledge.

The IEPA inspection gave better insightto DM3.

According to their recent inspection,

DM5 appeared

to

be complying with the required

State regulations.

This

is positive (it seems their recordkeeping

is well

organized too).

The floodplain

letter by

DP Engineering is fine.

The list of disposal

locations is fine.

The July

10, 2002

letter gives us details on facility description, tagging

& record keeping,

traffic, personnel,

dust control,

clean up,

closure, run off, etc--this

is good.

It true that the Cook County plan is to reduce waste and

recycle.

I’m assuming

you have the

copies he mentions he provided of the

31

notices for the public

hearing.

Based on

the additional

information,

I feel that DM8 is sincere about doing this and that they will

hold to

their application.

I would

recommend

an approval for a conditional/restricted permit (not allowing any

EXHIBIT

9

---

~istE~W2ikiTRiE

OMSApplication

..------~--

Page

21

~

~

~

_______________________________________________

other material besides what is stated in the

application--once they provide

an emergency response plan.

They are trying to

be environmentally supportive and are simply trying to expand

on their recyding load

intakes by converting the current facility into a transfer facility.

The

deadline for the Feb 18th

Council is this

Friday--02/07.

Perhaps we

can

get on this

agenda rather

than

March 3?

That way DM3 does not have

td

wait

another few weeks.

Please let

me know what your comments are on the application.

If

there are any other questions,

please

let me know.

Christine.

---

hii~TWkiiAé~F~IFAihfoonDMS

____________________

From:

Ruth Broder

To:

Christine Wolski

Date:

2/6/03

10:41AM

Subject:

Re:

IEPA

info on DM5

I-li,

Chris:

Sorry

I wasn’t able to

respond to you

yesterday.

I was on jury duty.

I

think a phone call would be fine, especially since Donna McAllister has informed me that the case

IS on

the February

16 agenda.

This also

means that by tomorrow, we need to give Donna (and

Bill) a

memo

for the Council.

I don’t think

it has

to

be that complex

-

just summarize the

criteria,

and our response with

a general

recommendation

-

I

think we are agreed that

it should

be tentatively in favor pending their

emergency response

plan.

The information you

got from

IEPA is very helpful here.

Joe Anderson/DMS

phone # is (847) 390-0300.

Another number is (847) 375-9626.

Do you mind doing

the memo?

If it

is going

to be

any problem,

let me

know and

I’ll ask

Donna to

reschedule to the March 3.

Thanks,

Ruth

Christine Wolski 02/04/03 04:3IPM

Ruth,

I spoke with Donna Czech

from IEPA in regards to DM5.

Donna informed

me that DMS is

a facility that is ‘permit exempt.’

This means, obviously, that they are not

working

under a granted permit from

IEPA.

The facility is working

under the ‘IEPA ACT’ so to speak.

Donna explained

to

me

that

If the facility meets

all the requirements

in the

IEPA ACT Section 22.38

(Facilities accepting

exclusively general construction or demolition debris for transfer, storage, or

treatment) then

a

permit is not necessary for them to operate.

If, however,

they do

not meet all

11

requirements, or not comply with them, then the facility needs

to apply for a permit.

She stated that they

are

a small facility and have everything labeled

and organized. Since they want

to accept more (which

they wilt not be able to comply with

the requirements in the ACT), they will need to get a permit from IEPA

but need

our approval first

(we knew this).

Since

I

initially called to see if

I

can get

a copy of their permit and

possibly emergency plan, but then found

out there is no permit,

I

inquired

if the

IEPA questioned an emergency response plan.

(According

to the

11

requirements, there

is no mention of emergency plan).

She stated that they should first know what is

coming into the site.

Even

then, she stated

that before the load gets dumped, they inspect it to see what it

is,

then

sort it.

If it is unacceptable, they get

it off site.

I

told her

I was lookingfor even training,

i.e.

asbestos training or what

if a fuel hose breaks,

etc.

I don’t think this

was checked into.

Since Criteria

7 states, ‘if the facility will be treating,

storing or disposing of hazardous waste....” and

DM5

stated that they are

not,

I

stOl think we should at

least

get

a

little

emergency response plan.

I

have

a

feeling SWANCC will

be

on this.

I know you wanted me to write them but do you think

I should call

them

instead?

It

may be faster service.

Chris

EXHIBIT

10

---

f~tiF~è~WölsTk

Re: DMS transfer station

.

Page

1

____________________________

From:

Ruth Broder

To:

Al!egro5:”brooke~swancc.org”~Allegro5.hub

05;

William Schneider

Date:

2/6/03 1:43PM

Subject:

Re:

DM5 transfer station

Thanks.

William Schneider 02/06/0301

:33PM

—

OK

-

also,

I spoke

to the County environmental department

on other issues

and they said that they would

send a letter

in support of the permit to offset SWAMCC’s opposition

-

Christine can call Ray Akers whom

I

think you spoke

to already

William

Schneider, Jr.

City of Des

Plaines

Asst. City Manager /

Economic Development Director

Phone:

847-391-5651

Fax:

847-391-5378

Ruth Broder

02106/03

10:42AM

Actually

Donna has told me that

it

is

Feb.

18,

but we may need

to reschedule to

March 3,

if we don’t have

time to prepare a memo to Council.

We are still waiting for one piece of information from DM5.

William Schneider 01/30/03 03:36PM

I

think we are shooting for the March

3rd meeting

-

you can call our City Clerk’s Office at 847-391-5310 for

follow

up

William Schneider, Jr.

City of Des Plaines

Asst. City Manager /

Economic Development Director

Phone:

847-391-5651

Fax:

847-391-5378

“Brooke

Seal” brooke~swancc.orp

01/30/03 02:57PM

Bill:

When will the City

Council formally consider the

DMS transfer station

application for siting approval?

Thanks for your help.

Brooke

C.

Brooke Seal

Executive Director

SWAMCC

brooke~swancc.org

847-296-9205 voice

847-296-9207

fax

This

inbound

E-Mail message was scanned by Allegro

MailWatch.

I

EXHIBIT

It11

---

I

DEPARTMENT

OF

PUBLIC

WORK’

____________________

CITY

OF

DES

PLAINE5

1111

Joseph

J Schwab

Road t

Des Plalnes,

Illinois 60016

E

(847) 391-5464

S

FAX

1847)

297-6801

DATE:

February 6,2003

TO:

Donna McAllister

City Clerk

Cc:

William

Schneider

Acting City

Manager

FROM:

Christine

Woiski

Keep Des Plaines Beautiful Coordinator

RE:

Item

for

February.

18,

2003 City Council Committee Agenda

Disposal Management

Systems Application

Disposal Management Systems (DMS),

103

Sell Road, Des Plaines, Illinois

is a facility

that recycles construction

and

demolition debris (pallets, wood, concrete, cardboard,

bricks,

asphalt, steel, aluminum,

and

clean dirtlgraveL”sand).

DMS would like

to apply

for a transfer station

permit from the Illinois Environmental Protection Agency (IIEPA).

However, by process, DMS

must obtain approval ofthe municipality in which they

are

located before seeking approval from the EPA.

A public

hearing had

been held on December 2,

2002 in the City Council Chambers.

Written comments had been accepted for

a

period of thirty

days

after

the

hearing.

The

Solid Waste Agency

of

Northern

Cook County (SWANCC) had been the

only

organization that had

comments regarding the

application.

The

Community

Development

Department,

Public Works Department-KDPB,

and Engineering

Department

had

completed a review ofthe application

and

SWANCC comments.

IEPA

had also been

contacted for additional

information

on

the facility.

DM5

operates

a

2,000

square foot recycling facility that recycles 30 tons of recycled

material per day.

Recyclable materials

are

sorted

at the facility

and taken

off site to

designated recycling

facilities.

DM8

has

been

operating for 2 years

and

accepts loads

that only have

75

recyclable material in order

to meet EPA requirements.

Other loads,

loads

that

contain only 50

recyclable

material,

are

rejected.

DMS

would like to

accept

the

50

loads

instead

of

sending themto the

landfill.

In order for DMS to accept these

loads, they need to obtain

a

transfer station permit from the IEPA.

~

.

EXHIBIT

c,.pçs

PLAINES)

12

---

I.

DM5

is diverting construction debris from the landfill, which makes up

about

25-45

of

the waste

stream.

It

currently serves a

25-mile radius

area.

The

facility is located in an

industrial zone,

is more

than

800

feet from

a residential

area, and

is not located in a

100-

year flood

plane.

The impact on traffic would

be minimal, only increasing truck

traffic

by

1

truck per hour.

Water sprays

are

used to

control dust, site is fenced for safety and to

prevent litter from

flying offsite,

and

the building contains a 2400-gallon containment

dike to prevent

any

discharge of materials, if any.

No hazardous material is

accepted or

stored.

DM5 has been in

compliance with JEPA regulations

and

has conducted their

establishment

in an organized

and

proficient

manner.

The facility

has

demonstrated the

ability to meet

the nine criteria necessary in

the JEPA Act.

They have supplied the City

with proper documents

and

information.

The facility is environmentally supportive

and

is promoting a beneficial

program that

is helping the environment

and the communities.

The Community Development Department

and

KDPB

recommends the Council to

approve the construction

and

demolition transfer station application for Disposal

Management Services,

103

Sell Road, Des Plaines, Illinois.

Cc:

Matt Dusckett, PW Director

Ruth Broder,

Community

Development Coordinator

---

rM’at.

~S

DISPOSAL

MANAGEMENT

SYSTEMS,

INC.

7tn

74

~ate

Dispatch

420

Cutters

Mill

Lane

•

Schaumburg,

Hllnois 60195

Billing

847-390.0300

WWW.disposaltflanaQement.cnm

847.375-9626

B774CONTAINER

Fax:

847-375-9635

Fehrii~ryl2,2O(fl

Ruth Broder

City of DesPlathes

1420

Miner

DesPlaines, Illinois 60016-4498

Re: Transfer Station

Hearing

Dear Ms.

Broder:

We would

Uke

to respond

to your concerns of asbestos entering our facility

and ofoil leaks from the equipment.

We

share your concern ofasbestos entering our recycling facility.

We want

to piotect

our

employees and the environment

To minimize this risk we deal

with reputábi.e ébntractors, who ii

rEsponsible for asbestos abatement at the

job

site ifneeded. By law thE~

are requires

to

evaluate and

remediate th.e site

pr’or to

any

demolition

Ifby chance

any

asbestos or unt~sualwaste is

identified at outf&iility, thet emplnyee~

~orkingin

the sorting floor are to

leave tht~

area

and

inform their supervis& immediately. The supervisor

notifies

the

operation manager if

further

investigation is required. Ultimately

if there is a

valid situation that needs further attention

Rick Anderson or

myself

will

be notified.

We

would then isolate the material in the building

and take whatever steps

are

needed to remedy the situation in a safe

and

environmentally safe manner. In

the. cae of

4sUttsLus,

we would spray

water

on the material and

call an asbestos contractor for proper handling

and

disposal.

Ms. Broder I would like to also state that the vast majority of the recycled

material we process is from new construction, which is free from asbestos,

which is no

longer, used in building materials.

Management of oil spills is

an ongoing program

at DMS.

We begin by

inspecting hydraulic hoses on

our

vehicles to prevent leakage at om~facilities

Pdnt*~

on

recycled ~ap.r

r~’T

---

and at

our customer’s facilities, if

we

do have a

leak

of any fluids our

employees immediately use

the available absorbent to

rernediate the spill.

The maximum potential

spill volume

at our facility is 50

gallons. We

do not

have any

bulk storage oImateriaL To eliminate large spills, the largest liquid

container that

we purchase hydrocarbon material

in is

5

gallons. To be extra

safe, we

collect all

storm water from our facility and send it thronch an

oil)

water separator.

If you have any other questions regarding our facility please call

rue.

S

---

From:

William Schneider

To:

Christine Woiski;

Ruth Broder

Date:

2/16/03 1:38PM

Subject:

Re: DMS at council

I

assume Christine is

doing this

presentation?

please confirm

William Schneider,

Jr.

City of Des Plaines

Asst. City Manager

/

Economic Development Director

Phone:

847-391-5651

Fax:

847-391-5378

~

Ruth Broder 02/18/03 10:39AM

~7~i

will

call

him today.

He did

not really send an emergency response plan, per se, but did send

a brief

letter, dated February

12, outlining the steps that would be taken in

case of an emergency.

You are

welcome to have a copy of

it.

(I’ll

leave one with Mary just

in case

I’m not here).

I

will not be

at the council

meeting, but Bill

will and is familiar with the whole case.

Ruth

Christine Wolski

02/18/03 09:I5AM

Hi Ruth!

Can you call Mr. Anderson

to confirm

his presence at the council meeting (or

his representative)?

Did

he

mail you an emergency respose plan? Ill be

in City HaD

this

afternoon-can

I

get

a copy of it?

Also, will you be

present at the Council meeting for this?

Thanks.

Chris

EXHIBIT

14

---

Christine Wolski

-

dms transfer station

—

—

-

Page

1

I

From:

“Brooke Seal” brooke@swancc.org

To:

“William

Schneider” WSchneid@desplaines.org

Date:

2/18/03 1:10PM

Subject:

dma transfer

station

Bill:

saw on that the DM3 transfer

station is on tonight’s meeting agenda.

Is

there any

information that was sent to

the City Council

that is public

information?

If there

is, can

I

get

a

copy

prior to

the meeting?

Thanks

for you assistance.

Brooke

C. Brooke Seal

Executive Director

SVVANCC

brooke@swancc.org

847-296-9205 voice

847-296-9207

fax

This inbound

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—

EXHIBIT

~.,

.1

15

---

STATE

OF

ILLINOIS

COUNTY OF

COOK

CLERK’S CERTIFICATE

I,

DONNA

MCALLISTER,

do hereby certify

that

I

am

the

qualified and acting CITY CLERK*

of the City of Des Flames,

Cook

County,

Illinois,

AND

THAT

AS

SUCH,

I

an’

the

officer

duly

designated by law to keep the minutes, ordinances, resolutions and

proceedings of the City Council of the City of Des Flames.

I

further certify

that

the attached and foregoing copy

of

L’)cLk

pctcne..J

‘~Aet~4Yyk

n~*ec~..~\Ze\m,

V~

is

U

a true and correct copy of t~erecords of the City of Des Plaines.

IN WITNESS WHEREOF,

I

hereunto affix my

signature and

impress hereon the corporate seal of the said City of Des Flames,

Cook County,

Illinois, this~’~9~”-day

of

______________$

2003.

(J

•

____

DONNA

MCALLISTER,

City Clerk

City of Des

P

~nes,County of Cook

By:

/,(Q~(

~

NANCY P~ERSON,Deputy City Clerk

City of~”DesFlames, County of Cook

*per the provisions of

65 ILCS 5/3.1-20-5

of the Illinois Compiled Statutes

(1998)

r~’i

---

MINUTES

OF

THE

REG

MEETING

OF

THE

CITY.

COUNCIL

OF

THE

CITY

DES

PLP.INES,

ILLINOIS

HELD

IN

THE

E

OR~

ROBREACH

MEMORIAL

COUNCIL

CHAMBERS,

DES

PLAINES

CIVIC

CENTER,

TUESDAY,

FEBRUARY

18,

2003

CALL

TO

ORDER:

The regular

meeting

of the city council

of

the City of

Des

Flames,

Illinois,

was

called

to

order

by

Mayor

Anthony

W.

Arredia

at

6:15 p.m.

in

the

Eleanor

Rohrbach

Memorial

Council

Chambers,

Des Flames

Civic

Center

on

Tuesday,

February

18,

2003.

ROLL

CALL:

Roll

call

indicated

the

following

aldermen present:

Murphy,

Sayad, Becker,

Smith, Argus.

Aldermen Beauvais,

Christiansen

and

Brookman

were

absent.

Alderman

Christiansen

arrived

at

6:17

p.m.

Alderman

Brookman

arrived

in

Executive

Session

at

6:50

p.m.

Alderman

Beauvais

arrived at 7:41

p.m.

Also present were: Acting City Manager—EDC Director Schneider,

Director

of Finance Egeberg,

Police Chief Ryan,

Fire Chief Farinella, Director of

Engineering Oakley, Director of Public Works Dusckêtt, Director of Human

Resources

&

Services Merriman, Assistant Director of Human Resources

&

Services Bajor,

Director

of Emergency Communications Ornberg,

Keep

Des

Flames Beautiful Coordinator Wolski, Assistant city Attorney Bartel and

City Attorney Wiltse.

_________

Moved by Sayad, seconded by Murphy,

to go into Executive

________

Session

to

discuss

collective

bargaining.

Upon

roll

call,

the vote was:

AYES:

5—Murphy,

Sayad,

Becker,

Smith, Argus

NAYS:

0—None

ABSENT:

3-Beauvais,

Christiansen,

Brookman

Motion declared carried.

The City Council recessed at

6:16 p.m.

The City Council reconvened at

7:00 p.m.

Roll

call

indicated

the

following

aldermen

present:

Christiansen,

Murphy,

Sayad,

Brooksuan,

Becker,

Smith,

Argus.

PRAYER AMD

PLEDGE:

PRESENTATION:

The opening prayer was given by Pastor Greg Eaton,

First

United

Methodist

Church,

followed

by

the

Pledge

of

Allegiance.

Mayor

Arredia

presented

the

The

Year

of

the

Family

Award

to Al Alderman, who has been an inspiration to not only

his children and scout troop,

but to his family and the

community

at

large.

Mayor

Arredia

introduced

Rev.

William

Grice,

First

Congregational

Church,

who

in

turn

introduced

Debra

Wielusiak,

the

new

Community

Resource

Director

for

the

Self—Help

Closet

&

Pantry

of

Des

Flames,

who

urged

residents

to

contribute

food

and

clothing

because

there

is

a

growing

need

in

Des

Flames.

Alderman Tom Becker introduced Keep Des Flames Beautiful

Coordinator Wolski who presented appreciation awards to

businesses

who

contributed

to

the

Holiday

Ceremony

at

the

Library

Plaza

on

December

5,

2003;

and

to

schools

who

created ornaments and decorated the holiday trees:

Graziel

Ristorante and Banquets

optimist Club of Des Flames

Sysco Food Service

U-STOR-IT

S

E)~cUTIVE

SESSION:

Algonquin

Middle

School

Brentwood

Elementary

School

Central Elementary School

Chippewa

Middle

School

Curuberland Elementary School

Iroquois Community School

North

Elementary

School

orchard

Place

Elem.

Schoo)

Our

Lady

of

Destiny

School

Plainfield

Elem.

School

---

PRESENTATION

Devonshire ELementary

bcnoos

OUULSS

(Cont’d.)

Forest Elementary School

SPARKS Program

(Dis.

62)

Friendship

Jr.

High School

mily Elem.

School

Imrnanuel Lutheran School

ace Elementary School

Mrs.

Stacey Magnusson,

President of the Optimist Club of

Des Flames,

read a letter from the Optimist Club stating

that

they will

donate

all

seventeen

(17)

trees

for

the

2003 holiday season

at Library Plaza.

CITIZEN

Mr.

Michael

Mickelsen,

Des

Flames

Citizens

for

PA.RTICIPA.:

Responsible

Development,

P.O.

Box

2760,

Des

Flames,

addressed the City Council stating that his organization

has

looked

into

the

flooding

issue;

they

have

contacted

other

communities

to

see

what they are doing;

permeable

payers are being used to construct parking lots;

he has

a lot of information that he would be willing to loan to

the City;

we should require that all large parking lots

and driveways

be constructed with permeable payers.

Mr.

Bob

Suriano,

1258 Wayne

Drive,

addressed

the City

Council stating that there

is

a problem with cars going

the

wrong way

down Graceland

Avenue;

there

should

be

better

signage;

when the

Police stop cars

on Golf Road

at River Road,

they should pull off into

a parking

lot

rather than

block

traffic;

when

cars

are

involved

in

accidents, they should be pulled off the road so traffic

can go through.

Mr.

Gary Danfield,

655

River

Road,

addressed

the

City

Council

stating that

the

City should not

accept gifts

from

the Optimist Club

until

they clean

up after their

Christmas Tree sale;

we should look at allowing them to

use

City

property;

they

don’t

maintain

the

property

properly.

COLLECTIVE

Moved

by

Becker,

seconded

by

Sayad,

to

concur

with

RARGAZNING/

majority agreement in Executive Session that City ratify

POLICE

(MAP)

contract with the Metropolitan Alliance

of

Police

(MAP)

CHAPTER

282

Chapter ~$282(E—9l1), effective May 1, 2002 through April

30,

2005;

and

adopt

Resolution

R—2l—03,

A

RESOLUTION

Resolution

RATIFYING AND AUTHORIZING

THE MAYOR

AND

CITY CLERK

TO

R-21-03

EXECUTE

THE

COLLECTIVE

BARGAINING

AGREEMENT

WITH

THE

METROPOLITAN

ALLIANCE

OF

POLICE,

DES

PLAINES CIVILIAN

ordinance

CHAPTER #282.

M—8—03

Alderman Argus stated that

a 5.5

increase in wages plus

steps

is irresponsible in this bad economy and the state

of our budget.

Upon roll

call, the vote was:

AYES:

7—Beauvais,

Christiansen,

Murphy,

Sayad,

Brookman,

Becker,

Smith

NAYS:

1-Argus

ABSENT:

0—None

Motion declared carried.

Moved by

Becker,

seconded

by Sayad,

to

place

on

First

Reading

Ordinance

M—8-03.

Motion

declared

carried.

Alderman Argus voted no.

Moved by Becker,

seconded by Christiansen,

to advance to

Second Reading and adopt Ordinance M—8—03, AN ORDINANCE

AMENDING SCHEDULE VII “TELECOMMUNICATION OPERATORS GROUP”

OF TITLE

I,

“ADMINISTRATIVE,” OF CHAPTER

15,

“POSITION

CLASSIFICATION

AND

COMPENSATION

PLAN,”

OF

SECTION

4,

“CLASSIFICATION

PLAN

TO

THE CITY

SERVICE,”

OF THE

DES

PLAINES

CITY

CODE

TO

REFLECT

AMENDMENTS

MADE

IN

THE

AGREEMENT EFFECTIVE

MAY

1,

2002 THROUGH APRIL 30,

2005.

Upon roll call,

the vote was:

AYES:

7—Beauvais,

Christiansen,

Murphy,

Sayad,

Brookinan,

Becker,

Smith

NAYS:

1-Argus

ABSENT: 0-None

Motion declared carried.

---

PAGE

THREE

MOTOR FUEL

Moved by

Beauvais,

seconded

b

rookman,

to TABLE

the

TAX

INCREASE

matters

of

Motor Fuel Tax Increase and Telecommunication

£

TELECO1*1.

Tax

Increase,

scheduled

to

be

discussed

under

New

TAX INCREASE:

Business later in the meeting.

Motion declared carried.

MANCARI AUTO

Moved

by

Smith,

seconded

by Becker,

to POSTPONE until

CROTJP/

April

7,

2003,

the

matter

of

the

Business

Development

77 RAND ROAD:

Agreement

and

the

6(b)

status

for

Mancari Auto Group,

77

Rand Road,

scheduled to be discussed under Committee of

the Whole later in the meeting.

Motion declared carried.

CONSENT

Alderman Sayad requested that Item

2 be removed from the

AGENDA

Consent Agenda;

Alderman Beauvais requested that Items

4

~and4a be removed; and a resident requested that Items

6

and

Ga

be

removed.

Moved

by

Sayad,

seconded

by

Becker,

to

establish

a

Consent

Agenda

except

for

Items

2,

4,

4a,

6

and

Ga.

Motion declared carried.

Moved

by

Murphy,

seconded

by

Sayad,

to

approve

the

Consent Agenda.

Upon roll call, the vote was:

AYES:

8—Beauvais, Christiansen, Murphy,

Sayad,

Brookznan,

Becker,

Smith,

Argus

NAYS:

0—None

ABSENT:

0—None

Motion declared carried.

Minutes

were approved;

staff

recommendations

and

requests

were

approved;

Ordinances

M—4—03,

M—5—03,

M—6—03,

M—7—03,

T—1—03

and

Z—3—O3

be

adopted; Ordinances M-9—03 and T—3—03 be placed on First

Reading; and

Resolutions

R-23—03 and R—24—03 be

adopted.

HINUTES/

Moved

by

Murphy,

seconded by Sayad,

to approve minutes

1/22/03:

of

the

Special

meeting

of

the

City

Council

held

January

Consent

22,

2003,

as

published.

Motion

declared

carried

as

Agenda

approved

unanimously

under

Consent

Agenda.

MINUTES/

Moved

by

Sayad,

seconded

by

Brookman,

•to

POSTPONE

until

2/3/03:

March

3,

2003,

under

Unfinished

Business,

approval

of

minutes of

the regular meeting of the City Council held

February

3,

2003,

as

published.

Motion

declared

carried.

DRIVING

Moved

by

Murphy,

seconded

by

Sayad,

toconcur

with

Staff

RESTRICTIONS:

recommendation

to

amend

Title

X,

Chapter

9

—

“Licenses”

Consent

of

the

City

Code

to

~fl

a

NEW

Section

9

to

make

it

Agenda

unlawful

to

drive

without

a

license

or

drive

on

a

suspended

license;

the

minimum

fine

upon

conviction

or

Ordinance

plea of guilty

shall

be

$50;

and

further

recorranend

to

14—9-03

place

on

First

Reading

Ordinance

M—9-03,

AN

ORDINANCE

AMENDING

THE

CITY

CODE

OF

THE

CITY

OF

DES

PLAINES,

TITLE

X,

“TRAFE’IC”

CHAPTER

9,

“LICENSES”

TO

ADD

A

NEW

SECTION

9,

TITLED

“PENALTY

FOR

DRIVING

WITHOUT

A

LICENSE,

OR

DRIVING

ON

A

SUSPENDED

LICENSE.”

Motion

declared

carried

as

approved

unanimously

under

Consent

Agenda.

LIp.

LIC./

Moved

by

Smith,

seconded

by

Becker,

to

POSTPONE

until

March

3,

2003,

under

Committee

of

the

Whole,

discussion

ELLINWOOD:

on

amending

title

V,

•Chapter

34,

Sectioh

18

—

“License

Limitations”

of the City Code to

~

one

(1)

Class

B-i

Ordinance

Bulk Sales Dealeà Liquor License

for property located

14-10-03

at

1415

Ellinwood

Street,

d/b/a

Sofia

Specialty

Food

and

Liquors;

contingent

upon verification of fingerprints;

and

one

(1)

Class

B

Liquor

License

(umbrella

classification

for

all

B

Liquor

Licenses);

and

placing

on

First

Reading

Ordinance

M-l0—03.

Motion

declared

carried.

TRAFFIC

Moved

by

Murphy,

seconded

by

Sayad,

to

concur

with

RESTBICTION/

recommendation

of

Staff

Traffic

Advisory

Committee

to

PERRY

ST.

:

amend

Title

X,

Chapter

7,

Section

3

—

“Stop

Streets”

of

Consent

the

City

Code

to

~pfl

that

westbound

Perry

Street

traffic

Agenda

stop

at

Graceland

Avenue;

and

further

recommend

to

place

on

First

Reading

Ordinance

T-3—03,

AN

ORDINANCE

AMENDING

Ordinance

TITLE

X,

“TRAFFIC”

CHAPTER

7,

“THROUGH

AND

STOP

STREETS”

T—3—03

---

T-3—03

SECTION

3

“STOP

STREETr

TO

.AUL)

it

INC..r

os’Jr

rts

a...~

(Cont’d.)

WESTBOUND

LANE

OF

PERRY

STREET.

Motion

declared

carried

‘

as

approved

unanimously

under

•sent

Agenda.

TINE

EXTEN./

Mr.

Gary

Danfield,

655

River

Road,

addressed

the

City

CONDIT.

USE

Council

asking

why

the

City

is giving them a six—month

& VARIATION,

extension.

Alderman Becker said because of 9/1/01; this

2930

RIVER:

is

a

multi—million

dollar

project;

the

hotel

industry

took

a

big

hit.

Resolution

R—22-03

Moved

by

Becker,

seconded

by

Sayad,

to

concur

with

Staff

recommendation to grant request for extension of time for

preparation

and

submittal

of

the

Conditional

Use

Permit

and

Variations

(as

approved

by

the

City

Council

on

July

16,

2001

—

Ordinance Z—12—Ol and amended by Ordinance Z—

2—02

on

April

1,

2002),

from

April

1,

2003

through

and

including

October

1,

2003;

for

property

located

at

2930

5.

River

Road

(Hilton

Garden

Inn);

and

further

recommend

to

adopt

Resolution

-R-22-03,

A RESOLUTION

GRANTING

AN

EXTENSION

OF

TIME

FOR

SUBMITTAL

AND

APPROVAL

OF

A

CONDITIONAL USE

AND

ZONING

VARIANCES

PURSUANT

TO

SECTIONS

3.4-B

“LIMITATIONS

ON

CONDITIONAL

USE”

AND

3.6—12

“LIMITATIONS

ON

VARIATIONS”

OF

THE

DES

PLAINES

ZONING

ORDINANCE,

AND

GRANTING

AN EXTENSION UNTIL OCTOBER

1,

2003,

LOCATED

AT

2930

S.

RIVER

ROAD,

DES

PLAINES

(CASE

Ol—22—CU—V)

.

Upon

roll

call,

the

vote

was:

AYES:

8—Beauvais,

Christiansen,

Murphy,

Sayad,

Brookinan,

Becker,

Smith,

Argus

NAYS:

0—None

ABSENT: 0—None

Motion

declared

carried.

ATM MACHINt

Moved

by

Murphy,

seconded

by

Sayad,

to

concur

with

Staff

PLACE.

AGREE.

recommendation that

Mayor

and City Clerk be authorized

POLICE 5Th.

to

execute

“Placement

Agreement”

with

Anderson

ATM

1420 MINER:

Systems,

4644

N.

Leclare

Avenue,

Chicago,

IL

60630,

to

Consent

place

an

ATM Machine

in

the

lobby

of

the

Des

Plaines

Agenda

Police Station,

1420 Miner Street; City to receive $1.20

per

transaction

at

said

ATM

machine;

and

further

Resolution

recommend

to

adopt

Resolution

R~-23—03,

A

RESOLUTION

R-23-03

AUTHORIZING

A

“PLACEMENT

AGREEMENT”

BETWEEN

ANDERSON

ATM

SYSTEMS

AND

THE

CITY

OF

DES

PLAINES

FOR

THE

PURPOSE

OF

PLACING AN ATM MACHINE IN TEE LOBBY OF THE

DES PLAINES

POLICE STATION, LOCATED AT THE DES PLAINES CIVIC CENTER,

1420 MINER STREET.

Motion declared carried as approved

unanimously under Consent Agenda.

LO~KEOXBANK

Moved by Murphy, seconded by Sayad, to concur with Staff

ACCT,

AGREE./

recommendation that City Clerk be authorized to execute

OM

BROOK

“Corporate Authorization Resolution” with Oak Brook Bank,

BANK:

1400W.

16th

Street, Oak Brook,

IL 60523,

to open a bank

Consent

account for lockbox service for utility bill and vehicle

Agenda

sticker payments; said resolution reaffirms the authority

of

the

Director

of

Finance

and

Assistant

Director

of

Resolution

Finance to sign checks and make investments for the City;

R-24—03

and

further

recommend

to

adopt

Resolution

R-24—03,

A

RESOLUTION

AUTHORIZING

THE

EXECUTION

OF

AN

OAK

BROOK

BANK

CORPORATE AUTHORIZATION RESOLUTION

FOR

THE

PURPOSE OF

OPENING

A

BANK ACCOUNT

AT

OAK

BROOK

BANK.

Motion

declared carried

as approved unanimously under

Consent

Agenda

LIP.

tIC.

Moved by Murphy, seconded by Sayad, to concur with Staff

CHANGE OF

recommendation to approve Change of Ownership of Class

OWNERSHIP/

8—1

Bulk

Sales

Dealers

Liquor

License

for

property

699

N,

WOLF:

located

at

699

N.

Wolf

Road,

d/b/a

ZJ’s

Pantry

Plus

&

Consent

Liquors;

contingent -upon

verification

of fingerprints.

Agenda

Motion

declared carried as approved

unanimously under

Consent Agenda.

Dl

---

k’ttl.,.

LAYS,

PARXING

PADS

VAflATION/

1660

S.

CORA:

Consent

Agenda

BID

AWAP.D/

AMBULANCE

STRETCHERS:

Consent

Agenda

BID

AWARD!

PRESSURE

WASHER

FOR

PUBLIC

WKS.:

Consent

Agenda

ADVERTISING

FOR

BID:

Consent

Agenda

APP0INfl~MT:

Consent

Agenda

ORDINANCE

M—4—03

POLICE

RECORD

SYS.

ADMIN.

(9—1—1)

Consent

Agenda

ORDINANCE

M—5—03

DONATION!

SURPLUS

FIRE

EOUIfl~aNT:

Consent

Agenda

ORDINANCE

M—6—03

RESCINDING

ORDINANCE

n—10—02:

Consent

Agenda

ORDINANCE

M—7—03

CITY

CODE

REVISIONS:

Consent

Agenda

Moved

by

Murphy,

seconded

by

a5,

to

concur

with

Staff

recommendation

to grant

request

for

Variation

to

Section

4-7—9

of

the

Building

Code

Amendments,

to

permit

construction of

a parking pad,

17’

wide x 21’

long,

in

the rear yard adjacent to the alley and detached garage

on property

located

at

1660 ‘S.

Cora Street

(all

new

parking

pads

require

approval

by

the

Building

Code

Committee);

contingent

upon

petitioner

agreeing

not

to

construct

any

additional

hard

surface

or

structures

in

the

rear

yard.

Motion

declared

carried

as

approved

unanimously under Consent Agenda.

-

Moved by Murphy, seconded by Sayad, to concur with Staff

recommendation

to

award

bid

for

Purchase

of

Two

(2)

Ambulance

Stretchers

to

the

single

bidder,

Armstrong

Medical

Industries,

575

Knightsbridge

Parkway,

Lincolnshire,

IL

60069,

in

the

total

bid

amount

of

$5,904/Budgeted

Funds.

Motion

declared

carried

as

approved unanimously under Consent Agenda.

Moved

by

Murphy,

seconded

by

Sayad,

to

concur

with

Staff

recommendation

to

award

bid

for

Purchase

of

Combination

Cold/Hot/Steam

Pressure

Washer

for

Public

Works

Department

to

the

lowest responsible

bidder,

Standard

Industrial

&

Automotive,

6211 Church Road, Hanover Park,

IL 60133,

in their

alternate bid amount of $8,935/2003

CERF

Fund.

Motion

declared

carried

as

approved

unanimously under Consent Agenda.

Moved by Murphy,

seconded by Sayad, to concur with Staff

recommendation that City Clerk be authorized to advertise

for bids

for 2003 Street

Rehabilitation

(Contract

1)

returnable by 3:00 p.m., Thursday, March

6, 2003.

Motion

declared carried as

approved unanimously under Consent

Agenda.

Moved by Murphy,

seconded by Sayad,

to approve Mayoral

appointment

of

Penny

C.

Wenstrom

to

the

SPECIP.L

EVENTS

COMMISSION,

term

to

expire

August

31,

2003.

Motion

declared carried as approved unanimously under Consent

Agenda.

Moved by Murphy,

seconded by Sayad,

to adopt Ordinance

M-4—03,

AN

ORDINANCE

AMENDING

TITLE

I

“ADMINISTRATIVE,”

OF

CHAPTER

15

“POSITION

CLASSIFICATION

AND

COMPENSATION

PLAN,”

SECTION

4

“CLASSIFICATION

PLAN

TO

THE

-CITY

SERVICE”

FOR

SCHEDULE V-A

“TECHNICAL,

ENGINEERING AND

INSPECTION GROUP”

IN THE DES

PLAINES CITY CODE.

Motion

declared carried as approved unanimously under Consent

Agenda.

Moved

by

Murphy,

seconded

by

Sayad,

to

adopt

Ordinance

M-5—03,

AN

ORDINANCE

AUTHORIZING

THE

DONATION

AND

CONVEYANCE OF PERSONAL PROPERTY OWNED BY THE CITY OF DES

PLAINES.

Motion

declared

car ned

as

approved

unanimously

under Consent Agenda.

Moved by Murphy,

seconded by Sayad,

to adopt Ordinance

M—6—03,

AN

ORDINANCE

RESCINDING

CITY

OF

DES

PLAINES

MUNICIPAL ORDINANCE

M-10-02

IN

ITS

ENTIRETY.

Motion

declared carried

as approved unanimously

under Consent

Agenda.

Moved

by Murphy,

seconded by

Sayad,

to

adopt Ordinance

M—7—03, AN ORDINANCE

AMENDING TITLE

I-,

“ADMINISTRATIVE”

CHAPTER

6,

“CITY

COUNCIL”

SECTION

3,

“MEETINGS”

TO

ADDRESS CERTAIN HOUSEKEEPING MATTERS (formerly 1—6-8 and

1—6—9)

.

Motion declared carried as approved

unanimously

under

Consent

Agenda.

-

---

ORDINANCE

Moved

by

Murphy,

seconded

by

S

,

to

adopt Ordinance-

mi.U

T-l-03,

AN

ORDINANCE

AMENDING

‘II

X, “TRAFFIC,”

CHAPTEF

PARKING

5, “STOPPING STANDING AND PARKI ~

SECTION 17, “PARKING

RESTRICTIONL

PROHIBITED

IN

DESIGNATED

PLACES”

OF

THE

CITY

OF

DES

FIFTH AVE.

PLAINES

CITY

CODE.

Motion

declared

carried

as

approved

Consent

-

-

unanimously

under

Consent

Agenda.

Agenda

________

Moved by Murphy,

seconded by Sayad,

to adopt Ordinance

Z-3-03

Z-3-03, AN ORDINANCE GRANTING A CONDITIONAL USE TO

ALLO~

CONDIT. USE!

THE

OPERATION

OF

A

CLASS

B

RESTAURANT,

LOCATED

AT

152E

1526 HINERj

MINER

STREET,

DES

PLAINES,

ILLINOIS,

(CASE

03—03—CU)

Consent

Motion

declared carried

as

approved

unanimously undex

Agenda

Consent Agenda.

ORDINANCE

Moved by Beauvais,

seconded by Ch±istiansen, to advance

T-3-03

to

Second

Reading

and

adopt

Ordinance

T—3—03,

AK

TRAFFIC

ORDINANCE

AMENDING

TITLE X, “TRAFFIC” CHAPTER 7, “THROUGE

BESTRICTION/

AND

STOP

STREETS”

SECTION

3

“STOP

STREETS”

TO

ADD

A

NE~

PERRY

ST.

STOP

AT

THE

WESTBOUND

LANE

OF

PERRY

STREET.

Upon

roll

call,

the

vote

was:

AYES:

8-Beauvais,

Christiansen,

Murphy,

Sayad,

Brookman,

Becker,

Smith,

Argus

NAYS:

0—None

ABSENT: 0—None

Motion

declared

carried.

-

ORDINANCE

Moved by

Sayad,

seconded by Becker,

to adopt Ordinance

M-9-O3

M-9-03,

AN ORDINANCE AMENDING THE CITY CODE OF THE Cm

DRIVING

OF DES PLAINES, TITLE X, “TRAFFIC” CHAPTER 9, “LICENSES”

RESTRIcTIONSt

TO

ADD

A

NEW

SECTION

9,

TITLED

“PENALTY

FOR

DRIVING

WITHOUT A LICENSE,

OR DRIVING ON A SUSPENDED LICENSE.”

Upon

roll

call,

the

vote

was:

AYES:

8—Beauvais, Christiansen, Murphy,

Sayad,

Brookman; Becker,

Smith, Argus

NAYS:

0-None

ABSENT: 0—None

Motion declared carried.

~.YOR

ABBEDIA

DECLARED

THAT

THE

CITY

COUNCIL

WAS

NO1~

RESOLVED INTO

A

CO*41T’TEE

OF

THE

WHOLE

FINANCE

£

ADMINISTRATION

-

Aldermab Sayad, Chair

HEALTa

‘

City Attorney Wiltse reviewed the status of the meeting!

INSURANCE

that have been held with the Staff and retirees regarding

PREMIUMS!

health insurance premiums for retired City employees; the

RETIRED CITY

matter had been postponed on 11/4/02,

11/18/02, 12/16/02

EMPLOYEES:

and 1/20/03; the city

acknowledges that 37 retirees were

overcharged

in

the

total

amount

of

$19,704.89;

these

credits

will

be

off—set

against

monies

owed

by

the

retirees for the currently—due premiums.

Both Alderman Argus and Murphy stated that maybe the City

should look for a supplemental plan for Medicare for the

retirees;

Blue Cross/Blue

Shield

should explain

their

plan:

it doesn’t make sense.

Director

of Finance

Egeberg

stated

that

a supplemental

plan

for Medicare for the retirees would cost the City

approximately $2 million.

-

Alderman Sayad stated that some research needs to be done

on this matter.

Mrs. Linda Laffey,

1888

Fargo Avenue, vice president

of

the

Retired

-

Employees

Association,

addressed

the

Committee

of

the

Whole

stating

that

they

have

been

working

on this for over one

Cl)

year;

she thanked

the

City

for correcting

the rate error,

but their

issue

is

with the Medicare cost;

they are asking for a fair rate.

Ui

---

PAGE SEVEN

HEALTH

INS.

Alderman

Sayad

stited

that the

s~f

will get the answers

(Cont’d.)

to

the

aldermen’s and

retirees’

questions;

Staff will

have a representative of Blue Cross/Blue Shield explain

their plan;

investigate

a supplement plan for Medicare;

and report back to the committee of the Whole.

WARRANT

Moved by Beauvais, seconded by Argus, to recommend to the

REGISTER:

City Council approval of the February 18,

2003

-

Warrant

Register,

in

the

total

amount

of

$2,710,822.28;

and

further recommend that Resolution R—25—03 be adopted at

appropriate time this evening.

Motion declared carried.

PUBLIC

SAFETY

—

Alderman Beauvais,

Chair

PROPOSED

Mr.

Randy

Johnson,

Chairman

of

the

Board

of Fire

and

AMEND~NTS/

Police

Commissioners,

addressed

the

Committee

of

the

BOARD

OF

FIRE

Whole regarding the proposed changes to the Fire

6

Police

& P0LI~E

Commission Rules regarding promotional testing, which had

Co!*flSSIONERS

been referred back

to

the

Public- Safety Committee

and

RULES

£

PEGS:

Board of Fire

&

Police Commissioners on February 3, 2003.

Mr.

Johnson

stated that

the Commissioners

are

still

of

the belief

that

70

of the

highest achievable score

is

the better way to

go,

but they have agreed that

if the

City Council wishes

to instead select Option

B and have

a minimum passing of 70,

they would concur with that.

Alderman Sayad stated that-he agrees

with Option

B.

Mr.

Cohn

Carroll,

President

of

the

Des

Plaines

Professional

Firefighters

Association,

addressed

the

Committee

of

the

-

Whole

stating

that

his

organization

supports these proposed changes.

Moved by Sayad,

seconded by Becker,

to recommend to the

City Council

to

approve Option

B of the proposed changes

to the Revised Rules and Regulations of the Board of Fire

&

Police Commissioners,

and Ordinance M—12—03 be placed

on

First

Reading

at

appropriate

time

this

evening.

Motion declared carried.

PUBLIC WORKS

-

Alderman Brookman,

Chair

TRANSFER

Alderman

Brookman

reviewed

the

request

from

Disposal

STATION

Management

Systems,

101—103 Sell

Road,

for

a

transfer

PERMIT!

station permit from the Illinois Environmental Protection

101-103

SELL

Agency

(IEPA),

which

requires

approval

of

the

municipality

in which

they are

located before seeking

approval from the IEPA.

Moved

by

Beauvais,

seconded by Becker,

to

concur with

Staff recommendation and recommend to

the

City Council

to

approve

the

construction

and

demolition

transfer

station

application

to

-

the

Illinois

Environmental

Protection Agency for Disposal Management Services,

101-

103 Sell

Road.

Motion declared carried.

COWIUNITY

DEVELOPCNT

-

Alderman Becker,

Chair

ZONING

CASE

Acting

City

Manager—EDC

Director

Schneider

reviewed

his

02-79—A

memo of January 28, 2003,

regarding the request for a Map

MAP

AMEND.!

Amendment

to change

the

zoning

from R-l SingleFamily

1601—03—09

Residential District to C—3 General Commercial District

HILLS

AVE.

:

for •property

located at 1601—0~-09Hills Avenue

(River

and

Rand

Roads

intersection)

;

the

Des

Plaines

Plan

Commission

voted

2—1

in

favor

of

the

rezoning

and

the

recommended conditions,

but motion