Complainant(s),
V .
ELMHURST PUBLIC SCHOOLS,
DISTRICT 205,
Respondent(s) .
AGREED MOTION FOR EXTENSION OF TIME
Complainants, York High Neighborhood Committee, Janet and Fred Hodge, Patricia and
David Bennett, Sheila and Mike Trant, Joe Vosicky, Jean and Peter Conroy, Frank Soldano,
Joseph Reamer, Elizabeth and Charles Laliberte (collectively "Complainants"), and Respondent,
Elmhurst Public Schools, District 205 (the "District"), for their Agreed Motion for an Extension
of Time to File an Amended Settlement Agreement and Stipulation state
:
1 .
On November 12, 2004, Complainants filed a Formal Complaint with the Illinois
Pollution Control Board (the "Board") alleging that the District had violated the limits for noise
emissions established by the Illinois Environmental Protection Act, 415 ILCS 5/1
et seq .
(the
"Act").
2.
On February 23, 2007, the parties entered into a Stipulation and Settlement
Agreement (the "Agreement") in order to settle and resolve their disputes and differences
relating to the Formal Complaint
.
347218.1
YORK HIGH
BEFORE
NEIGHBORHOOD
THE ILLINOIS
COMMITTEEPOLLUTION
CONTROL BOARIh
CLERK'SE
C E
OFFICE1
V E
(a voluntary organization)
Janet and Fred Hodge, Patricia and David
Bennett, Sheila and Mike Trant, Joe Vosicky,
Jean and Peter Conroy, Frank Soldano,
JUN 0 4 2007
Pollution
STATE OF
Control
ILLINOISBoard
Joseph Reamer, Elizabeth and Charles Laliberte
PCB 2005-093
3 .
On March 19, 2007, the parties filed the Agreement with the Board and requested
relief from the hearing requirement of Section 31(c)(1) of the Act
.
4.
On April 19, 2007, the Board issued an Order indicating that it rejected the
Agreement on the grounds that it did not sufficiently address the factual stipulations outlined in
Section 33(c) of the Act
. The Order further provided that the parties' deadline to file an
amended stipulation and proposed settlement was June 4, 2007
.
5
. The parties' requested further guidance from the Board as to the format and
substance of the factual stipulations required to obtain the Board's approval of the Agreement
.
On June 1, 2007, Kathleen Crowley, Senior Board Attorney, advised the District's counsel,
Thomas Posey, as to the general format that the parties' amended factual stipulations must be
presented in and the general substantive information they must contain in order to obtain the
Board's approval, and also directed Mr
. Posey to prior decisions by the Board addressing the
Section 33(c) requirements
.
6
. In order to allow the parties sufficient time to review the decisions referenced by
Ms
. Crowley and to incorporate the required factual stipulations outlined in Section 33(c) into
the Agreement, they respectfully request an extension of time until June 18, 2007 to submit an
addendum to the Agreement containing those stipulations
.
WHEREFORE, Complainants and Respondent respectfully request that the Board grant
their Joint Motion for an Extension of Time to File their Amended Stipulation and Settlement
Agreement .
Respectfully submitted,
By :
2
One of Its At meys
347218 .1
J. Todd Faulkner
Thomas J . Posey
FRANCZEK SULLIVAN, P .C.
300 South Wacker Drive, Suite 3400
Chicago, Illinois 60606
(312) 986-0300
Dated: June 4, 2007
3
347218 . 1
CERTIFICATE OF SERVICE
The undersigned attorney hereby certifies that he caused a copy of the foregoing
AGREED MOTION FOR EXTENSION OF TIME to be served upon the parties listed below
by facsimile and by depositing a true and correct copy of same, postage prepaid, in the U
.S
. Mail
chute at 300 South Wacker Drive, Chicago, Illinois, prior to 5 :00 p.m. on this 4`h day of June,
2006:
David E. Bennett
Vedder, Price, Kaufnan & Kammholz
222 North LaSalle Street
Suite 2600
Chicago, IL 60601
Facsimile : 312-609-5005
Joseph F. Vosicky, Jr .
Law Offices of Joseph F . Vosicky
53 West Jackson Boulevard
Suite 1025
Chicago, IL 60604
Facsimile : 312- 939-4714
347218. 1
