Respondent.
Respectfully submitted,

EXHIBIT A

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

FOX MORAINE, LLC

Respondent.

Petitioner,

UNITED CITY

COUNCIL

)

OF YORKVILLE, CITY )

)

PCB No. 07-146

(Pollution Control Facility Siting

Appeal)

NOTICE OF FILING

To:

See Attached Service List

PLEASE TAKE NOTICE that on October 7,2008, Leo P. Dombrowski, one of

the attorneys for Respondent, United City of Yorkville, filed via electronic filing the

attached United City of Yorkville's Reply in Support of Its Motion in Limine # 4,

with the Clerk

of the

Illinois Pollution Control Board. a copy

of which

is herewith served

upon you.

Respectfully submitted,

UNITED CITY OF YORKVILLE

By:

lsI

Leo

Dombrowski

One of their Attorneys

Anthony G. HoPI'

Thomas 1. Matyas

Leo P. Dombrowski

WILDMAN, HARROLD, ALLEN & DIXON

LLP

225 West Wacker Drive, 30th Floor

Chicago, Illinois 60606

Phone: (312) 201-2000

Fax: (312) 201-2555

hopp

""ildrnan.com

lll;llyas

ildlll~n.c\Hl1

domhro\\s/"j {/ \\ iIJm:ll1.l';Om

Electronic Filing - Received, Clerk's Office, October 7, 2008

BEFORE THE

ILLINOIS POLLUTION CONTROL BOARD

FOX MORAINE, LLC

)

Petitioner.

)

UNITED CITY OF YORKVILLE, CITY )

COUNCIL

)

Respondent.

)

PCB No. 07-146

YORKVILLE'S REPLY IN SUPPORT OF ITS MOTION

IN LIMINE

NO.4

Fox Moraine LLC ("Fox Moraine"') should never have received the Wildman, Harrold,

Allen

Dixon LLP ("'Wildman Harrold") legal bill dated June IS, 2007. It is a privileged

document that was produced inadvertently.' Having obtained the document, however, Fox

Moraine claims to have found in

it all manner of hidden meanings and proof of non.existent

intentions and events. Fox Moraine's arguments based on the invoice range from strained to

knowingly false.

The Wildman Harrold invoice has provided a diversion for Fox Moraine during the

discovery phase

of this appeal, but the sideshow must end. The invoice is not relevant to any

issue in this appeal, and should not

be part of the evidence at the hearing or the record going

forward. Yorkville requests that this Board grant its Motion

in Limine

No.4.

IT WAS APPROPRIATE FOR YORKVILLE TO HIRE NEW COUNSEL

AFTER THE APRIL 2007 ELECTIO S.

Valerie Burd was elected Mayor

of Yorkville on April 17, 2008. At the time, Yorkville

was nearing the end

of lengthy hearings on Fox Moraine's siting application and a decision

deadline was looming. As Mayor.elect, Ms. Surd decided that the City needed independent

This hearing officer has rejected Yorkville's privilege claims regarding the invoice.

Yorkville

respectfully disagrees with this ruling and intends to appeal il,

necessary.

Electronic Filing - Received, Clerk's Office, October 7, 2008

legal advice and additional legal services to complete the hearing process. Even before she was

sworn in, she began the work necessary

to make sure that Yorkville had competent, independent

legal advice. Her initial interview with Wildman Harrold occurred on April 30, 2007.

Withtn

minutes after she was sworn in as Mayor on May 8, 2007, she proposed to the City Council that

Yorkville hire Wildman Harrold as city attorneys. The City Council approved the appointment.

(A copy of the City Council's minutes of May 8, 2007 are attached as Exhibit A).

After their interview with the Mayor on April

3D, 2007, the Wildman Harrold attorneys

who

had offered to assist the City began work. With the decision date 011 the local siting

application approximately three weeks away, and over

140 hours of hearing transcripts and tens

of thousands of pages of

highly~technical

material to review, waiting until an official

appointment from the City would have been unwise.

is undisputed, however, that had

Wildman Harrold not been approved as city attorneys

by the City Council. Wildman Harrold

would not have been paid

for any of this work.

Wildman Harrold accepted the risk of

nonpayment in order to be of maximum potential service to the City.

Fox Moraine makes much

of the work Wildman Harrold did for the City before it was

officially appointed City attorney, but this is a non-issue. Any prudent lawyer would have done

the same, given the time pressure involved and the prospective

client's need for legal advice. As

it happened, the full City Council later reviewed the invoice and approved it for payment,

ratifying Wildman Harrold'sdecision to begin work before

it was officially appointed.

The invoice itself is not evidence

of bias, but rather evidence of Yorkville's need for

independent legal advice and Wildman Harrold's thorough preparation for providing that advice.

Yorkville will not engage

in a

point~by~point

response to Fox Moraine's highly inaccurate

characterization

of the invoice.

is enough to say that a review of the invoice as a whole

Electronic Filing - Received, Clerk's Office, October 7, 2008

demonstrates that Wildman Harrold was engaged to advise the City on its rights and legal

obligations

in the landfill siting process, and that this is exactly what Wildman Harrold did.

There is no evidence that Wildman Harrold was hired to justify denial

of Fox Moraine's siting

application, and Fox Moraine"s claims to that

eITect are not supported by the invoice or any other

testimony

or document. The invoice is therefore irrelevant.

II.

THE ROTH MEMO IS NOT EVIDENCE OF BIAS.

The legal memorandum prepared by City attorney Michael Roth is the subject of a

separate motion and

will

addressed in separate briefing. Briefly, hovolever, there is no

authority for Fox Moraine's apparent contention that a city like Yorkville is not allowed to seek

independent advice from its own lawyers on the landfill siting process. Fox Moraine compares

the memorandum prepared by Wildman Harrold to the reports prepared

by Hearing Officer Larry

Clark and Derke Price. the attorney engaged to advise City

stafT, but the comparison is

completely unjustified. The report prepared by Mr. Clark was required by Yorkville's siting

ordinance and was required to

made part of the record. The siting ordinance also required that

if Mr. Price prepared a report, it too was required to be made part of the record. Wildman

Harrold's work was neither required by nor prohibited

by the local siling ordinance or any other

state or local law.

is absurd to contend that Yorkville is 110t allowed

seek legal advice or

that the mere fact that Yorkville sought legal advice

is evidence of bias.

Moreover, Fox Moraine's attempt

to read the invoice to dctcnnine what was in the Roth

memorandum is a clear attempt to invade Yorkville's attorney-client privilege. As such, it is

unconscionable and should not be tolerated. Certainly. arguments and discussion which guess

privileged communications are not appropriate topics for the hearing on this appeal.

Electronic Filing - Received, Clerk's Office, October 7, 2008

1lI.

FOX MORAINE KNOWS THAT THE CITY CONSIDERED MULTIPLE

RESOLUTIONS.

Fox Moraine contends that Wildman Harrold prepared only one resolution for the City

Council's consideration and that the single resolution was to deny Fox Moraine"s siting

application. They offer Wildman Harrold's invoice as proof

of this claim. The invoice,

however, is irrelevant to this contention because the hearing transcript belies

it. Worse, Fox:

Moraine knows that its "single

resolution"

claim is not tme.

The transcript of the May 24, 2007 City Council meeting demonstrates that the City

Council was presented with three resolutions on that day. (May 24, 2007 lIearing Tr. At pp. 32-

33, attached as Exhibit B). Mr. Roth. the City attorney, stated on the record that he had prepared

resolutions for the City's consideration based on the City Council's deliberations of May 23,

2007.

Mr. Roth advised the City Council that it was entitled to: I) approve Fox Moraine's

application; 2) deny it, or; 3) deny it with conditions.

Mr. Roth referred the City Council to

the multiple resolutions he had prepared.

(Id.

at 33.) Alderman Munns clearly stated that he had

three resolutions before him at that time.

(/cl.)

Fox Moraine's representatives and their auomey, George Mueller, were in aUendance at

the May 24, 2007 City Council hearing.

They know that three resolutions were offered to the

City Council because they heard the resolutions discussed.

If their memories are faulty, they can

read the transcript. For Fox Moraine

to now argue that the City Council was biased because it

considered onJy one resolution is inexcusably disingenuous.

But the fact that Fox Moraine is brazen enough

think it can use the Wildman Harrold

invoice

to advance arguments it knows to be false is proof of how far Fox Moraine will go to

misrepresent both the invoice and the facts. The Board cannot prevent Fox Moraine from

2 Counsel for Yorkville, Anthony Hopp, sat directly behind counsel for Fox Moraine. George Mueller, on

May 24. 2007. For Fox Moraine to now misrepresenllhe events of May 24, 2007 is shameful.

Electronic Filing - Received, Clerk's Office, October 7, 2008

making future false statements, but it can take the Wildman Harrold invoice out of Fox

Moraine's hands and thereby eliminate one vehicle

for such extraneous and knowingly false

claims.

IV.

YORKVILLE DID NOT ILLEGALLY DELEGATE ITS AUTHORITY.

Finally, Fox Moraine accuses Yorkville of illegally delegating its authority to its

attorneys. This argument is also disingenuous and inaccurate. As Fox Moraine knows (because

it was there) one of the resolutions presented to the City Council on May 24, 2007 was denial

with conditions. Mr. Roth had drafted the resolution based on the City Council's members'

deliberations at the May 23, 2007 hearing. Some

of the City Council members, however,

proposed even further conditions on May 24, 2007. (Ex.

Bat pp. 19-28). Mr. Roth cautioned

them that some

of these new conditions may not be appropriate or legal. (Ex. B at pp. 33-35.)

The City Council authorized Mr. Roth

to remove any illegal conditions before presenting a final

resolution

for signature. (Ex. B al 37-39.) The City Council's instructions to Mr. Roth,

therefore, were

to remove items from the ordinance they had crafted at the meeting on May 24,

not to add provisions. Asking an attorney

to remove illegal conditions can hardly be called an

illegal delegation

of authority to the attorney.

More importantly, the invoice

is not evidence of what the City Council did or whether its

activities were legal. The City Council conducted its deliberations and instructed

Mr. Roth in

public, on the record. George Mueller. Fox Moraine's attorney, was in the audience at that time.

For Fox Moraine to now suggest that

it requires the Wildman Harrold invoice to make baseless

arguments about alleged illegal delegation offends common sense.

Electronic Filing - Received, Clerk's Office, October 7, 2008

CONCLUSION

Fox Moraine would have preferred the Yorkville City Council complete the local siting

hearings in this matter without independent legal advice. The City Council, however, wisely

chose to seek advice on its rights and obligations

in the process. At the conclusion of their

deliberations, the City Council asked their attorney

to make sure that their resolution was a

lawful one. This is not evidence

of bias or prejudgment, but rather just the opposite.

The City Council's activities and deliberations were conducted in public, on the record.

The record demonstrates that Yorkville was careful to protect Fox Moraine's rights throughout

the local siting process. The Wildman Harrold invoice

is in no way relevant to the issues in this

appeal. The record demonstrates that Fox Moraine's arguments based on the invoice are either

baseless or intentionally false. Fox Moraine should not be allowed to continue to clutter the

record

in this appeal with such nonsense. Yorkville respectfully requests that its Motion

Limine

No.4 be granted.

Respectfully submitted.

THE UNITED CITY OF YORKVILLE

By:

lsi

Leo P. Dombrowski

One

of its Attorneys

October 7, 2008

Thomas

Matyas

Anthony G. Hopp

Leo P. Dombrowski

WILDMAN, HARROLD, ALLEN

DIXON LLP

225 West Wacker Drive

Chicago, Illinois 60606

Telephone:

(312) 201-2000

Facsimile:

(312)

201-2555

malvaswl\hoppfa'wildman.com

....ildman.com

dombro\\skim \l,.ildman.com

Electronic Filing - Received, Clerk's Office, October 7, 2008

EXHIBIT A

Electronic Filing - Received, Clerk's Office, October 7, 2008

MINUTF,S OF THE REGULAR MEETING QF Tin; CITY COUNCIL

OF THE UNITED

ern'

OF VORKV1LI,E, KENOALL COUNTY. JLUNOIS,

HELP IN THE CITY COUNCIL CijAMBERS,

800 GAME fARM ROAD ON

TIJESDAV, MAy

1007,

Mayor Prochaska called the mel:ling 10 order III 7:00 P.M and led the Cooneil in lhe Pledl:e of

Allegiance

ROLLCAl.L

Clerk Milsehewski ealled the roU

'1'i.: ", Ll

Wlird

Wi1rd

Ward IV

J::lmes

Leslie

Burd

Golinski

Botk

Munns

Bcsto

Spears

Absen!

Plescnt

PrCSC11l

Presenl

Present

?~senl

Also present: City Clerk Milscllewski, Cil)'Trellsuref Powell, City Anomey Wyeth, lnlc,im City

Auorlley ROlh, Interim City Administrlltor Crois, Assistllnt City Adminisll"lltor Olson. Finanee

Director Mikll, Director of Public Works Dhuse, Policc Chief Manin, DirectorofParlt

&:.

Recreo.tion Mogle, Community Development DireetOf Miller, City Engineel Wywrot lind Public

Rellitions

Officel Spies

OUORUM

A quorum was established.

SWEARING-IN;

Mayor

sl.llted tba.t it fgs

an honor:wl privilc:ge to serve the people of the United

City ofVorirville

He noted thatlhcn: life tlIeiling lime.!: ahelld for the community as welilU

eh::lllenl:CS He slllted t11011 while things mi1)'''times seem arduous there will be mllny

opponunities ahead He e"pressed his wish Ihllt the new Coulleil would be able to recogniu the

bc:!it of tile opponllllilie$

IUId

have the slR:ngUt to act upon them in lhe best [meresl of the United

City ofVorkvillc: He then

v3C~ted

his seal

Ma)'OI-elti:I Burd introduced Judge McC;mn who ploc:ecdcd 10 SWC:lr in Cit)' TfCllSun:r William

Powell, City Clerk Ji1cquel)'n Milsthewski, W::lrd I Alderml1l1 Waltet Wcrdcrieh, Ward 2

Alderman Arden Joseph Plocher, Ward J Ak!eFrnlln Robyn SUlcliff, Wllrd 4 Aldcrman Rose Arm

Spea~

l1l1d Mayor VlIlerie Burd

INTRODUCTION OF GUESTS

Mayor Burd asked lhe $tllrrand guests to inlloduec themselves She welcomed lhe Buests lind

asked them 10 enter their nllmes on the allendllllte SheCI provided

AMENDMENTS

TO THE AGF.NDA

Mllyor Surd requested thllt an

emergen~)'

exeeUlive session be lidded 10 tftc end ofthe meeting

before

the Additional Business seCiion of the agenda. She slated th;ltthc:re will be lIelion t.:tken

;Ifterw:lrd A mOl ion 'vas made b)' Aldcrmlln Werdcrich; seconded by Aldenlll1l1 Spears

Motion approved

II roll

<::1.11

vote

A)'cs-S

NIYS-O

Beseo-IYC, LesJie-;IYC:, Golinski-lye, Wcrderieh,aye,

Munns-aye. Plocher-aye,

Spc;llS-a)":, Sutcliff-aye

COMMJmE MEETING DATES

Public WOIk$; Commillee

EconomiC Development Committee

Adminis1r.uion Commillcc

Commillcc

of the Whole

7:00 PM, TuC$doy, MIlY lS, 2001

Cit)'ofVmkviIJe COIlrelcncc

Room

Commillee ofthe Whole

7:00 PM, Tuesda)', May IS, 2007

City ofVorkville Conference Room

Commincc oflile Whole

7:00 PM, Tuesdlly, June 5, 2007

City ofVorkville COnfclcnee Room

EXHIBIT

Electronic Filing - Received, Clerk's Office, October 7, 2008

The !\tinut« orthe Regubr Meeting of lilt elly eountil- {\1"" 8, 2007 p:tl!.,2

Public Safety Commiuee

PRESENTATIONS

PUBLIC HEAWGS

Non~

Comminee of Ute Whole

1:00 PM, Tuesday, June 5, 2007

City ofVcxkville Conference

Room

CITIZEN COMMENTS

Darrel Brown,

1262 Highpoint Road, congratulated tlte newly elecled officials He also

expressed his concern wilh lhe composting facility owned by Don Hammon He nOled Ihatthe

odor from it is adl'erscly;,.rreeling Itis way of life and is tlte warS! il Itas been in lite la.sl seyen

years

He staled thaI it smells 50 bad lltat his children h:tve to sl.lly indoors He speculated that tht

odor is relOled to lhe proposed landfill He sUlled thaI he left Building Inspeclor Bill Dettmer

several mllsuges reponing lhe issue and finally spoke directly to him earlier in lhe day He

requested the City Coundl hold Mr Hammon meeountable for his oper.uion and possibly roise lhe

Sllllldards for il Cily AdminisLrlllOr Crois reported lhat Mr Ocnmer was oul on lhe sile loday and

will be preparing a repon for lhe City Council He also tteommended that those making

complaints leave their

name and lelephone number when they ean so thaI Mr Denmer can

respond 10 them

Brimn leClercq, Village pfe$idenl of Oswego, thanked Mlyor Surd for inviting him 10 the

ITJttting. He conerltulaled

~nc

and commented that

th~

will be I 101 ofWOl'k wad willt

many thinl>5 happening He invited the City Counc:i11o meet with Oswego's

Bortnt

of Trustees so

that

lIle two communities ean won together

Joanne Gilbert, 17]0 E Highpoinl, commented thai sbo WllS told by a lawyer that complaints

3gain51 Mr Hammon'sopenlion need 10 be filed wilh the Illinois Environmental Protection

Aseney however

she has I toIJrt order dated April

I!,

1995 from the Kendall County coun which

slales

that compllints eatl be made to the Kencbll County Health Department in lieu of lite IEPA

She asked if this process lf1lIlIsfel'510 the City now th3t the property IIlIS

be~

llOQe):ed City

Anomcy Wyelh slated that he h3d 001 seen the eourt order but the City could be the enfaretr ir

applicoble

Mlrilyn Michelini, Villase Prnidenl or MontGomery congralulaled the newly elected officials

and slaled thaI sha looked forward 10 working logelher with lhem

Tom

Gilmo~,

county resident, wished ti,e newly eleeled members of the City Couneillhe best of

luck He stoted thallhere WllS a brigltt future for Yorkl'ille llnd he wished lhe new membtrs the

IICry besl

CONSENT AGENDA

I Morllhly Trea.surer's Repon for Mmrch 2007 (ADM 2007-37)

Ruoilition 2001.29.Approving Petty Cllsh Policy - ourhori:e

11f#!

Mayor alld Ciry Cltrk

10 UtlC"ttl

(ADM 2001-38)

Ordinance 2007.39 • Amending Ordinance 1994.91 - Providing for thCllmposilion of a

Garbase:lfld Reruse Pick.Up SurchlUge - Chance 10 Sun:hOlfgt Amounl -

allr/ror~el"e

MQ)'OI" and City

Clcrlr '0

UUUle

(ADM 2007...(0)

" Sponsorship Request for the OptimiS! Club -

autlrorce WQi";"gpurk Itlrlal

alld pro.ide

;,,-kind

houra

frOIn

Park

and

RrcrtoliOll Dtport",elJl

(CC 2007-G5)

Approval of Hislorical Street N;une (CC 2001-06)

• Barbn loan Groesell

b Ralph and Allene Blake

6 AppmYII ofHonor8l)'StrecI NlUTItJ - Nomil\luion or Founding Fathers

HRC: Ddbert

Trvmmel, Wayne larson, Russ Hu;hes, Bill Randals and Richard Mitchell (CC 2007-07)

Mlyor Bunl enltnained a

motion

to mppml'e

the

Consent AGenda as presenled So

mo~ed

Alderman Golinski; seconded by Alderman Spean

Motion approved by a roll call VOle

A~s-I

NaYli..{)

lulie-lye, Munns-aye., Plochcl-D)"t, SpearS-Dye,

Sulcliff_a)'l:, Werderich-lIye, Besco-aye, Golinski-aye

PLANNING COMMISSIONflONING 130ARD OF APPEAL

No report

Electronic Filing - Received, Clerk's Office, October 7, 2008

Th~

Minule'S of

Ih~

Rteul"r M«liol:.

orln~

Cil,'Couneil Mll" 8. 2007 pnge 3

MJJ\'VIES fOR APPROVAL

A moL ion

~-as m~de

by Alcknn3ll

Spe~J"5

10 approve !he minules of

th~

Cily Couocil meetings or

March 13,2(1)7 and March 21, 1001; sceonckd

AldcrmiUI Be5CO

Motion

approved

by a vi..... voce Vale

A motion

w,u

Aldenn:m

Spears

10 app1O\'etI'Ic minutes or the Commi"ee of tlte Whole

mcclin&5 or M:ueh 20, 2001 ;md April

2001; seconded by Aldennan Bcsco

Alderm:ln

Gohns~i

nOled Dlypographical crl'tN"

~&e

6 orlhe April 3, 2007 minutcs;

"A!derm:ln" Crois

should be correclI:d 10

~Adminislr:I\Of'"

Crois

Motion approved by a viva I'OCC Vale

PILLS FOR APPROVAL

mOlion was mnde by Alderman Spe:ll'S to applovc thc paying orthe bills listed 0fI11lc Detailed

Bonrd Report dated April 25, 2007 lotaling lhe following amounlS: cltecks in the amount of

$790,326 13 (vendols - revised

512107

sec summary); $223,410 54 (payroll period eliding

4/1M07);

for n tOlal of $1 ,013,746 67 (lOla1); seconded by Alderman Besco

MOlion approved by II roll call vote

Ayes-S Nays-O

MU'1ns-nyc, Ploc:ltcr-:lye, Spc;l.rS-n}'c, Sutcliff-:lye,

Werde/icn-aye,

Bcsco-aye, Golinski-aye, L.eslie-ayc

REPORTS

MAYOR'S

REPORT

M:lJorPro Tem (01 FY

07108

Mayor Burd reported 1M

the past the mayor pro tern has

bern

selcaed by seniolity and

Alderman Munl\$ would be lhe next

~idalc

A mOlion "-:IS !Mde

Alderman Besco fOl Aklmnan Munns '0 be mayor pro tern; JCCOnded by

Aldennan Spears

Motion oppro\'cd by 0 roll

yole

Ayes-. Nays-<l

Be5CD-aye, Leslie-aye, Golinski-aye, Wc/delich-aye,

Munns-aye, Plocher-aye, Spears-aye,

SUlelifT-aye

Apl'0iDlmentof City AllOI ney

Mayor

Burd i"C'ported that she would like 10 appoint Mike Roth from Wildman, Horrold, Allen

and Dillon to be Ihe inlerim city IIltomey She enlcrtnined 0 mOlion to accept this firm" She

indicalcd thal thc City Councilltad information before lhem and lhis will be for the short-tcrm

She

elfplaincd lhal she Itad interviewed several finns ond rellthis One would besl suit Yorkville's

short-term

needs She noted lltal Anomey Roth was the fonner city llltorney fOl" the City of

Napcrville

and she asked for 'hcCity Council's VOte of confidence So movcd by Alderrnlln

Munns; seconded by Alderman Ploclx::r

Alderman Munns questioned if Attorney Roth's fees would be complll':lbleto thO.5C p;lid lhe

preyious city at10rney Altomey Roth expl:lined th:lllhc ploposal is fOl" a fixed numbel or hours,

slarting

al SO hOUr! per marlin, for a rL;l:ed fee

Aidelmlll\

Be$co

questioned if the budget needed 10 be odjusled 10 lICCOfTlmodale Allomey ROlh's

fees finmce Di,ectOl" Mika stated that polcnlially il may oec:d 10 be adjusted Adminisualor

Crois inditalcd that adjuslments: Clll\ be made 01 the sill month review of the budget

Mayor Burd indicated thatlhis is fIOl for"the long-term and she envisioned thai a c;ommll1ee of

four oldennen would be establis!ted 10 interview firms .tIer it has been clctel1llincd if a full 01

p:u1-time al10rncy is needed

Aklcnnan Leslie asked whDt the time frame WlS for the oppointmenl Mayor Burd indicaled that

il was open-ended lll\d eoukl be croded alllllY lime

BOlh Aldelmen leslie:and Spears felt the finn WIlS "good e:hoiee

Motion approved by a 1011

vote

Ayes-B NllYS-O

Leslie'llye:,Golinski-Dye, Werdcrich-aye, Munns-aye,

Plocher-aye, Spears-aye, Sutcliff-Dye, Beseo-aye

Electronic Filing - Received, Clerk's Office, October 7, 2008

Ih~

l\1;n"l£1 nr lilt

R~c.ul:lf

Meel;n! nr Ihe Clty 'Dgneil Mav

Ii,

2001

pllce 4

Kenllal! Markelplllce Parmenlllnll Priolil),

Al:~emenl

(CC 2001-01)

M;I)'Of Su/d ul.:ed i( anyone wornled to Irulke:l motion 10 opprove the Kendall M:ukelp\.Dco

P;I)'TIll.'nl:and Prioriry Al'eement

A motion

""OIS

m:Mle

Aldemwr B= 10 :rpPfove lhe form of

.~eement

for Kendall

Mart;elplDCl.' MplI)'Illef1ll1nd Prioriry

AlV~mcnlM

berween the Oevt'loper(Dnnonball, llC)

Kohl's, Tar&ct, Home Depot, the Lender:and the Cil)', u presented, subjeet 10 stoff:and legal

review

:rnd 10 1I\llhori:= lhe MII)'OI"10 lllI;eCUle the finlll form of the Agreement; seconded by

Alderm3n

Leslie

Motion Ilpproved by a roll call VOle

Ayes,S Nays-O

Golinsld-aye,

Werdel ich'lIye, Munnl-o)'fl, Ploeher-aye,

Spears'Dye,

SUlcliff-IIYC, BeSeD-3Yc, Leslic-Dye

City Adminishlltor $:Illlly Range

(CC 2007-09)

Mllyor

Burd uked for II mOlion 10 approve the CiLy Adminislmlor rccfuitment posling

$Ill~ry

mnge 10 be increased 10 S 130,000

OO/~lIr

based on review of lhe posilion She reponed lhllilhe

levicw indicated tl1:lt bigh-end city administrlllorS gel up to Ihis Dmount and the Citr ":lilts 10

flttTllCl the btighleslond best

A mOlion

was

mode by AldcrmiUI L.eslie to lIpprove Ciry Attorney R«:roitment PostinG Sallll}'

Range

to SI30,ooo 00; seconded

Alde/mlln Welderieh

Aloomlln Bcseo ru"e:d if the budget would hllve to be IldjuSlcd 10 IIIXomplim this Finaoce

Dlrcclor

Mib Slated

that

illMy potentilllly MYC 10 be IdjU5led ItO\ycyer some Y:K:3n<:ies lMy

.fTcetlhls

Aldel1lllln Munns asked wltal the low end of the lante was Assistanl City AdministratOl Olson

explained that there

no low range and th:ll the poSlin& wilt slate a salary ofS130,OOO 00, plus

minus

Aldcnnan Spears asked

the cdue::ttional

degll~e

of the ciry

IIdmini~lr.IlOJ1;

in olher communitieS

wete illvestigated Mr Olson stated thll.l his in\'cstlplion revealed WIll. bachelor'sdepee W/IS

the minimum requirement wilb;l master'slkgree preferred bIlt

nol

required Aldelman Spears

fell !hal (Of S130,OOO OO/)'car she would be more eomfortllble with a dry GdminiSlriltor who hod 11

mflSter's degree Mayor Burd slllied thlllthe intention is lhat in order fo' the candid:tte 10 get the

high end oflhe

~llII')',

they would hllve to have lOp qU:lliflClltions AJdermlln Spe3lS stilted lhllt

she would

IlkI.' so sec the job posting changcd 10 indie:lle tll:llihe master's

de~ee

is rcquil1ld

Aldennlll1

Golinski askcd if the increflSe WflS recommended by the hiring eonsullanlllnd Mr

Olson slllied lhal he did discuss lhe incrcnse with them ilnd they agreed with

it.

nlere W:lS some discussion on holY Ihc posting should read am! the increase of Ihe mnge

Motion approved by 1I roll call vote:

Ayes-S NlIys-2 Present-l

Werdedeh-Ilye, Munns-aye, Plocher-aye, SpellfS_nDY,

SUleIifT-aye, Besco-presenl, L.cslie.ayc, Golinski-nay

Committee/Commission Appolntmenl

Mayor BUld indicated lhat the ehllirmansbip ortlle cornmittl:C's would be est.llblished

seniority The senior IIldcrmcn picked chaiTTTWlship:s lind the outcome WIlS;

o AldCf1'll3n Spears - Public Safety Committee

AldenTWI Munns - Admini$tratioll

Commi~e

Alde,man BestO - Public Works Committee

Aldennllll Leslie - Ec:oDomie Development Commiul:C

The

rc:mainina altkTmen picked viee-clTairmanships based on seniority:

Alderman Golinski - Economic Development Committee

Alde/mlln

Wetdcllch - Public Safety Committee

Aldennlln Plocher _ AdminislJotion Commilll:C

Aidennllll SutclifT. Public Worb Commillee

Electronic Filing - Received, Clerk's Office, October 7, 2008

The Millyl" pf the

R£glll~r

Meeting or lh£ Cjly Coundl-

M~r

8, 2007 '!:lgC S

Ancr some di$CUssion the following 5CIU

I:Olnmillecs wel1l delennined 10 be:

o Adminislrillion Committee -Aldcnnro Spc;us.md Werdcrich

o Economic Development Ce-nmittee - A[dennen MulUtS md Besco

Public Safety Commillec - Aldcnnen Golinski and Aldelmiln Sutcliff

Public WO!'ks Committcc - Aldermen Leslie.OO Ploc:her

Poppy AWlrenc.ss O')'S

M3Y~"

Burd le3d il proc:l:lffi3lion for Poppy Awa.reness 03YS, MOlY 17, ISand 19,2007 (see

.:lttached)

She llSked for a I'Ole of ratificalion of the prochmlGlion lind it \\'ilS nppJOycd

I'i,'.:l

voce vOle

CITY COUNCIL REPORT

No report

AITORNEY'S REPORT

No report

CITY CLERK'S REI'ORT

Appoinlment of Deputy Clerk

Clerk Milscl\ewski requested il motion to ilppJOVIl Office Assistant tis.. Pickering:lli Deputy

Clerk

for the ncxt riscill ycilr So movcd

Alderman Spill",; seconded

AldermGn Golinski

Motion

approved by a roll

~ll

vote

Ayes-I N.:l)'S-O

Ploc.her-aye, Spears-;ayc, Sutcliff-aye, Besco-aye,

Leslie..ye,

GolinskHye, Werdench.•ye.

Munns~

CITY TREASURER'S REPORT

Treasurer Powell reported that

bank

signature

cuds

will be .v.iI.ble 10 be signed Giler the new

aldermen receive their sipalure stAmps He

indi~tcd

Ihat untillhis is

done,

none of the IICWIy

eleo::led aldcnnen can sign

c~k5

CITY ADMINISTATOR'SREPQRT

Norep9fl

FINANCE DIRECTOR'SREPORT

Director Mika repor1ed Ihat she distributed new budgel

p~ckels

10 the City Council

pmECIOR Of PUBLIC WORKS REPORT

No report

CHIEF OF

COLlet'SREPORT

ChjefM~rtin

reported thai

new police officer will be hired by June

2007 ilnd

sworn

in Ihe

following

TuesdilY

DmECIOR

PARKS

RECREATION'S REPORT

No report

COMMUNITY pEyELOPMENT DffiECIOR'SRErOR

No repon

COJl,fJ\fUNITY RELATJO!"S "'tANAGER'SREPORT

No report

COMMVNlD' &

LIAiSON BEPORT

repol1-

COMMITTEE REPORTS

PUBLIC WORKS COMMITTEE REPORT

No report

ECONOMIC DEVELOPMENT COMMJITEE REPORT

OrdinGnce 2007- 40

Approving II Ret.levclopmelll AgrccmeDl for tile

DowntD'Vft

Redevelopmenl Project Areo.

(EDC 1007.j7)

Electronic Filing - Received, Clerk's Office, October 7, 2008

The Minllics lIr lilt Rtglllar Meeting (lr Ihe Cirv Cnundl M:w 8, 2007 nllg' 5

A motion was made

Alderman l.eslie 10 approve an ordinance Ilpproying a Redel'elopment

Agreement for the Do"Tltown Redeyelopmenl Project; seconded by Aldennan Munns

MOlion approyed by a roll call vote

Ayes-S Nays-O

Spears-aye, SutcUrr-llye, Besco-aye, Leslie-aye,

Golinlki-ayc, Weldcrieh-ayc, Munns-aye, Plocher-aye

PllBUC SAfETY COMMITTEE REPORT

Norepor1

ADMINISTRATION COMMITTEE REPORT

Norepon

EXECUTIVE SESSION

Mayor Burd enler10ined 0 Illation 10

E~ccutil'c

Seuion 10 discuss manners of pl:nding liligalion

Shellsked lhllllhe Cily Anomey and Anolney Knmcr be jll(:luded So mo\'ed by Alderman

Wcrdl:lieh; seconded by Aldelman Munns

MOlion

approved by a rotl ealt YOle

Ayes-B Nays-O

Spears-ayc, SUlcliff-aye, Werdelieh-aye, Besco-aye,

Oolinsld-aye,leslie-a)'e, Munns-aye,

Plocher-a)'e

The City Council

entered in to

E:<ccuth~

Session at I: 10

The City

COllncilrclum~

10 regulll' seuion al 8:-15 p III

ADJOURNMENT

MIl)'ol Burd enlertained a mOlion to Ildjoum So moved by AldemHI./1 Munns; scconded by

Alderman

Beseo

MOlion approved by a viva Yoce YOle

Meeting adjourned III 8;45 P M

Minutes submined by;

Jacquelyn Milsel1ewski,

Cily Clelk City ofYOlkYiI!e, Illinois

."Tllpc malfunctioned - barely audible

Electronic Filing - Received, Clerk's Office, October 7, 2008

EXHIBITB

Electronic Filing - Received, Clerk's Office, October 7, 2008

But I know Larry's a rnan of cllaracter.

has

dealt with a lot of these. 'l'he experiences he has

had is firsthand

knowled~e.

I have ro respect

hi~

opinion.

r know a lot of people aren't going to

agree wi th that.

also know there is a record of

many seated officials here that have made

statements or been involved with the oppoaition

and that -- I think that's going to make them look

bad when the Pollution Control Board gets to the

review this and I think some have shown bias.

1 wanted my opinion on the record,

and that is that we should never have been given

the -- we should never have been the responsible

party to judge this.

The county shouldn't have

been lhe responsible party to judge this. TIle

pollution Control Board should have that

authority, so vote as you may.

Lheir hands any....'Ll.y.

Thank you.

IL will be up in

MAYOR BURD:

Do we have any other

comments? Aldermen Spears, did you have more that

you

wanted to say tonight?

MS. SPEARS:

Yes, but I'm still

preparing

it'".

Kobody else is speaking? You have

20 minutes.

Okay,

thank you.

And I would like to

DepocourL Reporting Service (630) 983-0030

EXHIBIT

C1B610

UCYFM005170

Electronic Filing - Received, Clerk's Office, October 7, 2008

conditions?

other direct jon.

if we could include additional conditions in our

I would like to know aL Lhis time

It has

1 asked why. noL

I would like to have

We can't hear you.

It got dirty among the

Again, I just -- just

Some of us were accused of

1 know on the onset of this I waG

And I was also told t.hat he is a very

MS. SPEARS:

Okay.

h~5

been a very long process.

AUDIENCE MEMBER:

MS. SPEARS;

MR. ROTH: State the conditions you feel

that close.

him, which I find to be a150 biased going the

DepoCourt Reporting Service (630) 983-0030

it did get pretty dirty.

being biased.

to agree with alao Alderman BeBeo. There were --

aldermen as well.

also asked to WOrk with Donny.

wanted to thank everybody for sitting through this

been very difficult on all of us, and I would like

resolution? Could we include additional

with

us.

d18u Ltlank everybody who has been in attendance

and who has presented facts and statistics.

are appropriate.

good person and I think that we should work with

klluwing who Donny was, because I'm obviously not

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C18611

UCYFM005171

Electronic Filing - Received, Clerk's Office, October 7, 2008

cOlldiLion -- a series of :onditions that if --

And so I thillk

it'~

in that context that you are

clear, for the benefit of the audience probably

DepoCourt Reporting Service (630) 983-0030

Yes, it is.

I just want to be

Yes.

And I would like to

l~mit

Wasn't there also denial

No.4.

We had prepared two different

fillye.

Okay.

MR. ROTH:

MR. MUNNS:

MS. SPEARS:

Is this okay?

MR. MUNNS:

MS. SPEARS:

MR. ROTH:

there it

.1:::1.

more than anyone else, that the statute cal.9 for

with approvals -- with conditions?

the hours of operation fronl 6:00 a.nl. to

resolutions in anticipation of the City

Counci~'s

a condition regarding t.he -- changing the hours of

noon.

resolution that we prepared as a lliatter of form a

denial, approval with conditions, or approval.

weekdays.

Saturdayo would be 6; 00 a. m. until

speaking?

4:30 p.m., and on Saturdays -- that would be

decision tonight, and we had included in a denial

operation.

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II.

C18612

UCYFM005172

Electronic Filing - Received, Clerk's Office, October 7, 2008

And 1 want to be clear that that ia

Lhat the pollution Control Board or a court were

of one of the denial reaolutinnR that in the event

LO reverse and send this matter back to the City

I'm Borry.

I had the second

We had stated a cond1tion or a term

MR. ROTH:

Right.

matter back to the City Council for approval, that

were required

a higher authority to send this

it be approved only with certain conditionD.

Council. that conditions would be imposed.

one.

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MS. SPEARS: That's correct.

io wtlOt would stand and that would be with the

MR. ROTH:

Thank you.

have property value protection extended to a

I would also like

That i9 the one that I am

Well protect ton extended to a

I would like the removal

It is only in the event that if it

MS. SPEARS:

DepoCourt Reporting Service (630) 983-0030

were reLurned by the pollution Control Board or a

resolution denying the proposal, that that denial

lO-mile radius.

court Lhat that condition would take place.

~ddressing

at this time.

City Council.

event it does deny Lilis and were to adopt the

not speaking to the City Council's decicion in the

IO-mile radius.

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C18613

UCYFM005173

Electronic Filing - Received, Clerk's Office, October 7, 2008

radius.

tribuLdries.

ne ..... design.

would like the landfill to be redesigned and the

ROBP., can 1 address one of

1 would like no further

I would like the applic311L to pay

Bear ..... ith me ..... hile 1 find my other

MR. BESCO:

Please atop the clock, l'n nOl speaking.

A}so in the case of not removing

I would like to tlave quarterly

traffic traveling through downtown Yorkville. No

I would like no garbage

truc~

whcthe~

that be by an addendum or whether it Just

be in an agreement witll this.

if it i9 not removed and this

doe~

return to us, I

Sleepy 110110"" Road from the annexatioll agreement,

requesL.

city and county road impact fees based on tile

Plainfield.

tesLing of private O(f-81te wells within a

10~mile

attempt to move Hollenbeck Creek or any

number of haulers.

truck traffic traveling through downtown

Sleepy Hollow Road from the annexation agreement,

City would have the sole right of approval of the

your points in-between before I forget it?

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DepoCourt ReporLing Service (630) 983-0030

C18614

UCYFM005174

Electronic Filing - Received, Clerk's Office, October 7, 2008

method of enforcement. And -- or the alternate,

the courta of competent jurisdiction.

the sole remedy in the event of a claim violation

that tile City shall have the sole right and

okay.

This is one

further seems

I would recommend

I would recommend that

No. hold your

~hought.

Binding arbitration.

I would like to be inrluded as a

is in my conditions folder.

MS. SPEARS:

Lhe parties not agree that bindirlg dLLitration is

by the City or its citizells.

that I think these hearlugs alone will support my

unconditional and guaranteed in payment where the

very clear that the county agreement is

it would be much better for the city to have the

ability if it is traveling down this path to have

DepoCourt Reporting Service (630) 983-0030

In other words, what I'm trying to

a guaranteed revenue source.

City is contingent, and from a point of bUSJ.ness

that the City may have injunction

rel~ef

through

apologize.

condition, guarantee of payment.

condition recommendation.

election to choose binding arbitration as to the

presented, I would like them to be ruled on by

say is if there are any problems that are

07:31PM

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2122

C1B61S

UCYFMOOSI7S'

Electronic Filing - Received, Clerk's Office, October 7, 2008

As far as arbiLLdtion. I would like

would be held harmless for any claim for ilny

I would like to see at least a 2S-year escrow

name -- and this is all in the hosL agreement --

Third party

T would like to

I would like to

And my fear is if there is

Okay.

Alao for a post-closure plan

Devaluation of property, third party.

l'm not comfortable with that.

reason.

to remove every reference between city and

is in agreenlent with that as well.

arbitrator.

have our court system handle any type of

If another is named as a tllird party, then insert

that we have a very close. lighL-knit circle of

people that represent either side in various

Kendall COUllty, the county that ..... e live in.

or pursue Lhe revenues in our court.

would be required arlee closure.

attorneys that have been here on either cide. and

landfill applications.

drbitration. any complaint.

and

I hope our Council

account to maintain the landscaping and whatever

tllink tllat it is very apparent from these hearillgs

some killd of arbitration, it may be one of the

also have included an irrigalion plan. And r

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C18616

UCYFM005176

Electronic Filing - Received, Clerk's Office, October 7, 2008

LdL}ler

difficult.

Lhat the liner -- that the liners are tesled not

Mr. Woodman indicated dS his traffic Wlrness.

I'm typically a

I also would like tu make sure

And this is pretty close La what

I apologize again.

Also I would like to see the design

it to Kendall County.

And, oh, yes, also we would like Lo

critical areas.

binder last night until 4 o'clock this morning was

them tesLed. the entire liners. in case there are

Lons per day.

illclude two layers of HOPE in the entire, the

little more organized but reading that whole

would

lik~ ~o

have the tonnage lim1ted to 4,000

limit the service area and we would like to lirrit

entire, liner system. not only

ill

what is deemed

only at the weld oeams but I would like to see

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fac~ory

defects or damage during the

install~tion.

Also, regarding the tanks. the

storage tanks that are going t9 be buried, first

of all I would prefer they are not buried and,

second, I would like to include as a condition

that we use -- the proper tanks would be included

in this design. and they would be the welded steel

DepoCourt Reporting Service (630) 983-0030

C1B617

UCYFM005177

Electronic Filing - Received, Clerk's Office, October 7, 2008

standard _

Also I would like ro havp. Romp

in. the private wells, and the wells t.h.;tt. will be

I believe I l,ave like five minutes

Thank you.

I would like to propose

(Aopplause. )

Thank you, Rose.

MAYOR BURD:

Thank you, Alderman Spears.

MAYOR SURD:

MR. WEDBRICH:

1 would like to see that IlloniLored and on

landfill, including post-closure care period. t.hat

And also I would like to

~nclude

the run-oCr [rom the wheel-wash basin and

protection. that I mentioned last night. as Car as

groundwat.er protection plan -- let's see. oh, that

tanks built A-W-W-A D dash 100 or the A-P-I 650

we protect all of the wells Within, again. a

area.

IO-mile

rddiu~.

dll etla wells tlldt are currently

a condition that during the entire life of the

scormwater that would be falling in the paved

a -- on a daily basis.

every issue at this time.

Who would likp. to speak next?

left, correct? And I believe that I did address

installed durinq the operation of the plant.

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C18618

UCYFM005178

Electronic Filing - Received, Clerk's Office, October 7, 2008

MR. PLOCHER;

I also have two additicnal

will read the things now so we don't have to do it

them will end I will be a senior citizen.

ll~uJlitoring

well s installed before opening the

I would like

Who would like to

That's it.

The first one being

Okay.

have one additional and

Yes.

As far as Criterion 2, I

MAYOR SURD:

Okay.

MR. MUNNS:

DepoCourt Reporting Service (630) 983-0030

Gpeak next?

Alderman Munns?

proposed resolutions, about not doing this until

the operator of the landfill be completely and

that I would like to see on there.

the Prairie Parkway and Eldemain Road bridges

tlpping fees. and also 1 would like to Dee all

to see a $10 million a year flat fee instead of

notice a couple of places in the resolution, the

ter.

two additional conditione.

operation, cUIlsidering at 25 years before allot

that the height of the landfill be reduced to 50

feet, ann the second one being that the owner and

going over -- over Bldemain Road over the river.

accurately idelltified pursuant to Criteria 9.

That would be all of tllem.

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C18619

UCYFM005179

Electronic Filing - Received, Clerk's Office, October 7, 2008

situatioll due to its multi-faceted character.

interoection already.

RouLe 34 betwppn Cannonball and Eldemairl. that

The

The procedure of

IL is widely accepted that in every

This is about the whole process.

DepoCourL Reporting Service (630) 983-0030

C18620

Many communities have faced extreme

Landfill siting permitting and appropriateness are

if tl,ere is any other better ways to go, because

criterion.

the siting process must therefore illclude

problem in our country today.

too

~uch

truck traffic

goi~g

through LIlat

I have a quick little statement.

1 would like to put a condition that, you know,

the most contelltious part of the solid wasLe

evaluated in order to make a proper decision and

Lhe decision.

Again, this isn't new information about the

that's whaL they are asking us to do.

qualified scientists coming from different fields

such as geology, engineering, planners, etcetera.

landfill siting process composes a very complex

political conflicts centered on who should make

before truck traffic goes down Eldemain and

All evidence from this field must be compiled

~nd

with the Menards truck traffic there is just way

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UCYFM005180

Electronic Filing - Received, Clerk's Office, October 7, 2008

decil'lion-making process the extracted results <:Ire

cllaracterized by the stakeholders' objectivity.

The real quP,At. i on is who should be

stakeholders in Kendall CounLy.

The mosL common

type of siting process is to decide. announce. and

defend a model which hasn't been accepted easily

by interested parties and local citizens have

demanded to be included in the process to have a

more comprehensive strategy.

And. after all,

aLe all ciLizens of Yorkville and have the same

vested illterest to site it or not.

The erltire process is really unfair

to counties and municipalities.

are. for the

most part, average citizellS witll expertise in

other areas than geology and traffic.

Ask me

about my main busineos or the sports I officiate

and r will give you definitive opinions. very

cnnfident and correct opinions. and argue them

with anybody.

I believe right is right and

wron~

is wrong, but in this case I

m just making the

bese decision with what I have to work with, which

is a layman's knowledge of some very technical

subject matter. After reading thousands of pages

DepoCourt Reporting Service (630) 983-0030

C18621

UCYFM005181

Electronic Filing - Received, Clerk's Office, October 7, 2008

would have liked Lo hear it coming from ehe

It seemed ludicrous too that tlle

do not hold the same emotion as speaking. and I

be a moot point.

We should have been

If we don't do the process correctly,

DepoCourt Reporting Service (630) 983-0030

And my final thought is that after

we have varying opinions froUl

people, not just reading a piece of paper where

by ttle petitioner, and I don't think that makes

hearings. over 30 sitings as testified, isn't here

to give his opinion orally.

you can't read in an emotion.

several high-priced attorneys who are being paid

this

donp., hopefully we can all act civilly

sense so

guess tllat Sllouldn't surprise me.

toward one another, because I have no hard

perSon with the most experience in landfill

d[(orded the same privilege but written statements

that will pfEect many people today and in tile

fucure.

IEPA or other elltities can trump us and allow

these many hours of agonizing over this issue La

sense, which the whole process really didn't make

of dry, boring material and listening to hundreds

of hours of testimony, we must make a decision

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C18622

UCYFMOOS 182

Electronic Filing - Received, Clerk's Office, October 7, 2008

you.

Thank you.

there can be further deliberation on that or you

~e601ution,

and

then the mayor can sign it

p..nd what I would

Obviously morp. has

r would like to entertain a

(Applause. )

Do we have any other

If there is no further

And based upon that in a second,

MR. ROTH:

M.AYOR BURD:

MAYOR SURD:

been sLated tonight and t!10ee resolutiollS. if you

upon what we heard last night.

prepared resolutions for your consideration based

revise the resolutions that we have put before

Agaifl, I want to emphasize that we

feelings toward anyone here

~oni9ht

or after.

mot.ion

recommend is that you vote on one measure or

tomorrow.

another, give us direcLion, we will prepare the

a motion be made for or against or with

conditions.

direct.

w~ll

need to be revised.

comments?

deliberation, then I think it is appropriate that

give us the direction as to how you would like to

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DepoCourt Reporting Service (630) 983-0030

C18623

UCYFM005183

Electronic Filing - Received, Clerk's Office, October 7, 2008

comment, and I think it is for the benefit of the

MAYOR BURD:

We have a second?

Alderman

conditions is to -- is to allo"" for reasonable.

restricr1ons, including all new restrictions.

And 1 can

This is the

Mayor, if I may make a

It is the siting

T would like LO make a

Do I have a second?

There 1.s three.

While we will certainly

Is this the middle ordirlance

Yes.

Could we have discussion. please.

So there are certain things that I

MR. ROTH:

the denial with conditions?

MAYOR BURD:

MR. PLOCHER:

MR. MUNNS:

MR. WEDERICH:

Second.

MR. MUNNS:

MR. ROTH:

wrote,

DepoCourt Reporting Service (630) 983-0030

reopccL whatever direction you give us, I think

moL ion to approve the denial resolution with

you

thaL would not be permissible by law.

tell you thaL the purpose of establishing

meet the Biting criteria.

you need to be careful abouL setting conditions

Wederich. okay.

city in the process.

necessary, and appropriate conditions in order Lo

tl:iddle one of the three?

thillk are out of the jurisdiction of tile city to

criteria _

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UCYFM005184

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that I want to be clear about.

area be limiLed to Kendall County, if that's not

include

~hem

in the resolution that you arc

But

want to caution you against having this

So to make a -- set a condition, for

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Now, that doesn't mean that if you

Second, the courts hdve evaluated

DepoCourt Reporting Service (630) 983-0030

that's appropriate.

the sLandard of what is reasonable and dppropriaee

wildt the petitioner has so directed, I don'e think

One, it is the petitioner's or the

condiLions, and they have -- they have considered

lhaL established extraordinarily high financial

example. that

tll~

City limits -- that Lhe service

condition.

against a condition, for example, that sets a

matter quickly sent back based upon certain

requirements that were not rationally related to

area is and

is not for the city to make that

determination for them, even by way of a

propos~ng.

that that resolution is going to fail.

conditions, and there was a couple of them there

specific siting criteria, so

would caution you

applicant'e right to determine what the service

oLher governing bodies in position of conditions

determine.

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C18625

UCYFM005185

Electronic Filing - Received, Clerk's Office, October 7, 2008

MR. ROTH:

Yeo.

the resolution to include those tllat I Ilave not

$10 million flat fee.

regardj og Kendall County?

that

That kind of a

May I ask a question

think that what I am

So obviously there were a

MR. ROTH:

MS. SPEARS:

Could

say rather Lhan

for itself on that.

that were articulated tonight, dod so 1 understand

And, tinally, certain of these

the host. agreement and the host agreelneot speako

Next, as to the condition that's

members 1ldve spoken about are clearly related to

number of operational. siLing, desigl) conditions

term would be decided by the law and couldll't be

criteria or conditions that you have

recommerlded ellat a court of jurisdiction would

spec~fically

mentioned.

only be included with the court of Kendal] county,

underotanding you to say is that you are speaking

I would caution you against that.

go to a -- it goes to court?

going to an arbitration board, that we could jusL

decided by the City.

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C18626

UCYFM005186

Electronic Filing - Received, Clerk's Office, October 7, 2008

ordinances.

come back to us to re-discuss or vote?

take a case outside of thia county, and that is

DepoCourt Reporting Service (630) 983-0030

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If this

That would be for

Madam Mayor. r have one

well, it is within the

So it i6 possible, not highly

And, again. what I understand you

MR.. MUNNS:

MR. ROTH:

MS.

SPEARS:

Okay, thank you.

is appealed and it goes to the stale, does it: ever

place to esLablish Lerms for a hOBt agreement.

So. again, the court of

to be speaking to is the host agreement anyway,

~p.rms

of the enforcement of your resolution of

a judge to say.

there are exceptions under the law where it 15

to terms of

~he

hosL agreement rather than to the

and I don't think that this is the appropriate

remanded or tt: could bl:! remanded by order

the

question too on the process for Mr. Rorh.

Pollution Cont:rol Board'o authQrity to remand a

not going to be for us to say.

jurisdiclion is going to be the county court, but

sometimes the right of one party or another Lo

Appellale Court.

case, so it could reverse and then the case could

go directly to the Appellate Court or it could be

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C18627

UCYFM005187

Electronic Filing - Received, Clerk's Office, October 7, 2008

MAYOR BURD:

I would like to ask the

MR. MUNNS:

Thank you.

there is a lnotion on the -- well. there is not a

be so that we don't add anything that'S not

to this

So if thaL

And that's the reason that

Yes, there is.

So you recommend keeping

Yes, I do.

If I may suggest -- I think

MR. ROTH:

MR. MUNNS:

MA.YOR

BURD:

would one of you make a motion to amelld?

would be possible, I would like to amend it.

DepoCourt Reporting Service (630) 983-0030

resolution to allow the aLLorney to make sure that

required.

Lhey arc in compliance witll WlldL conditions should

allowable that does not pertain to the host

agreement. the annexation agreement, Lhat is not

throwing it all away.

suppoRed to be in this resolution.

aldermen to amend ti,e conditions or

Could

motion on the table yet.

we are recomnlendil19 that i( it dirl, there be a

common but.

it.

is possible, that the matter could

some of this intormation we have illS Lead of

come back to the Cit.y.

clear message as to strong conditions that be

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UCYFM005188

Electronic Filing - Received, Clerk's Office, October 7, 2008

MR. ROTH:

There 19.

Excuse me, there

DepoCourt Reporting Service (630) 983-0030

of them that pertain to the host agreement, the

our attorney to remove any illegal condiLionB, any

is a matiorl on

~hc

table, that's right.

Is that

Do I have a motion

Do I have a second?

Could we have a roll

Second.

Okay.

The amendment

to allow

I'm Borry? What are we --

MAYOR SURD,

Okay.

MR. WEDERICH:

MAYOR BURD:

MS .

PICKERING:

Werderich.

MR.

~1EUERICH

Aye.

MS.

PICKERING:

Munns.

MR. MUNNS:

A.ye.

MS.

PICKERING:

Plocher.

MR.

PLOCHER;

Aye.

MS. PICKERING:

SpeClrs.

MS.

SPEARS:

Aye.

MS. PICKERING:

Sutcliff.

MS. SUTCLIFF:

Aye.

MS. PICKERING:

Beaco.

MR. BESCO:

MAYOR 8URD:

to amend? Aldermen Plocher .

all of the conditione that were placed?

callan the amendment?

....hat we are -"-

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UCYFM005189

Electronic Filing - Received, Clerk's Office, October 7, 2008

annexation agreement, anything that we cannot

legally ask for.

MR. BESCO:

Right.

Aye.

MS.

PICKERING;

Leslie.

MR. LESLIE:

Aye.

MS.

PICKERING:

Golinski.

MR. GOLINSKI:

Aye.

MAYOR BURO:

All right.

Now we are back

to discussion on the resolution itself.

Does

~nybody

want to speak to the resolution on the

floor? The resc)ution is on the floor with the

appropriate conuitions. so we will move ahead then

with Lhe roll call voLe.

MS. SPEARS:

Excuse me, can you clarity

that one more time for us?

MAYOR DURO;

Okay.

What we ace voting

on is denial

where is il -- denial of siting

application from Fox Moraine. LLC for proposed

landfill in the United City of Yorkville with

conditions. And it has been amended with all the

conditions that were stated here tonight except

those that are illegal and should not be included.

MS. SPEARS:

returned, correct?

And tllat's only if it is

DepoCourt Reporting Service (630) 983-0030

C18630

UCYFM005190

Electronic Filing - Received, Clerk's Office, October 7, 2008

CERTIFICATE OF SERVICE

I, Pani Racky, a non.attorney. certify that I caused a copy of the foregoing Notice

of Filing and United City of Yorkville's Reply in Support of Its Motion in Limine #

4 to be served upon the Hearing Officer and all Counsel of Record listed on the attached

Service list by sending it via Electronic Mail on October 7, 2008.

/sl

Patti Racki

[xl

Under penalties as provided by law pursuant

ILL. REV, STAT.

CHAP. 110 - SEC 1-109, [ certify that the statements set forth

herein are true and correct.

Electronic Filing - Received, Clerk's Office, October 7, 2008

SERVICE LIST

Bradley P. Halloran

Hearing Officer

Illinois Pollution Control Board

James

Thompson Center, Suite 11.500

100 W. Randolph Street

Chicago, Illinois 60601

hallorab@ipcb.statc.il.us

George Mueller

Mueller Anderson, P.C.

609 Etna Road

Ottawa,lllinois 61350

george@muelleranderson.com

Charles Helsten

Hinshaw

Culbertson, LLP

100 Park Avenue

P.O. Box 1389

Rockford, JIlinois 61105-1389

chelstcn@hinshawlaw.com

Michael S. Blazer

Jeep

Blazer, LLC

24 N. Hillside Avenue, Suite A

Hillside, IL 60162

mblazer@enviroatty.com

Eric C. Weiss

Kendall County Stale's Attorney

Kendall County Courthouse

807 John Street

Yorkville, Illinois 60560

eweis@co.kendall.il.us

James

Knippcn,

Walsh, Knippen, Knight

Pollock

2150 Manchester Road

Suite 200

Wheaton,

IL 60187

jim@wkkplaw.com

h~tlthl:r

(/\\

kplll\\ .l:om

James B. Harvey

McKeown, Fitzgerald, Zollner,

Buck, Hutchison

RUHle

24255 Glenwood Avenue

Joliet, IL 60435

jim@mckeownlawfinn.com

Electronic Filing - Received, Clerk's Office, October 7, 2008