Petitioner. )
Respectfully submitted.
One of their Attorneys

EXHIBIT A

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

FOX MORAINE, LLC

)

Petitioner.

)

UNITED CITY OF YORKVILLE, CITY )

COUNCIL

)

Respondent.

)

PCB No. 07-146

(Pollution Control Facility Siting

Appeal)

NOTICE OF FILING

To:

See Attached Service List

PLEASE TAKE OTICE 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

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. Hopp

Thomas

Matyas

Leo P. Dombrowski

WILDMAN, HARROLD, ALLEN

DIXON LLP

225 West Wacker Drive, 30th Floor

Chicago, Illinois 60606

Phone:

(3 12) 201-2000

Fax: (312) 201-2555

hnpp

wllJllldll.COlll

Illal

,15 1/ \\ iIJIll.nu.:111ll

dtllllhr\)\A'iki

II \\iIJllldll,\.'tUll

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

BEFORE THE

ILLINOIS POLLUTION CONTROL BOARD

FOX MORAINE, LLC

Petitioner,

Respondent.

UNITED CITY OF

COUNCIL

)

YORKVILLE. CITY )

)

PCB No. 07-146

(Pollution Control Facility Siting

Appeal)

YORKVILLE'S REPLY IN SUPPORT OF ITS MOTION IN LIMINE # I

Fox Moraine claims Yorkville would have the Board establish "a bright line test whereby

failure to move for disqualification

of a local decision maker is deemed a conclusive waiver"' of

bias "even

knowledge of such bias did not exist at the time of the local public hearing."

(Resp., 6.) Fox Moraine erects this straw man because

it knows that it waived issues of bias

and prejudgment as to every Council Member other than Surd and Spears and

it now seeks to do

anything

it can to avoid the consequences of its inaction.

FOX MORAINE BELIEVED DURING THE LANDFILL SITING

HEARINGS

THAT THE CITY COUNCIL MEMBERS WERE BIASED

AND HAD

PREJUDGED ITS SITING APPLICATION.

As Yorkville noted in its motion in limine, it is well-settled that a pany waives its ability

to chaJlenge issues related to bias

or prejudgment by failing to raise them at the earliest

opportunity.

Peoria Disposal

Co.

v. Peoria County Bd..

PCB No. 06-184, 2007 III. ENV LEXIS

250, m.S8 (June 21, 2007). lrthe party learns of an issue related to bias during the hearings on

a siting application, the party must raise the issue during those hearings or waive it.

Id.

at .60

(noting that petitioner waived issue of potential bias from a statement ..quoted in a local

newspaper.'by failing to raise

it during initial hearing on siting application). The Supreme Court

has held that it would be unfair to allow a party to sit on its belief of bias without asserting it at

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

the earliest opportunity: 'To allow a party to first seek a ruling in a maHer and, upon obtaining

an unfavorable one, permit him to assert a claim of bias would be improper."

E Hauling,

Inc.

Pollulion Conlrol Rd.,

107 III. 2d 33, 38-39 (1985).

Fox Moraine now argues that

it did not know in April or May 2007 that some Yorkville

City Council members might

be biased or prejudiced against granting its landfill siting

application. But its claims are belied

by its principal's admissions in his recent deposition. Don

Hamman, one

of the owners of Fox Moraine, testified that he saw on April 15, 2007 an Aurora

BeaconNews article

of the same date in which Walter Werderich, Arden Plocher, and Robyn

Sutcliff were quoted regarding the landfill issue. (Hamman Dep. 12:18-13:17, attached

as Exh.

A). Upon reading the article on April 15,2007. Hamman believed that Werderich, Plocher and

Sutcliff were biased against the landfill. He also believed they were biased because he allegedly

saw them wearing anti-landfill buttons or posting anti-landfill signs

at various times during the

landfill siting hearings. (Exh. A at 15:9-16:

1; 16:22-17: 19; 17:24-19:9). Moreover, Hamman

further testified that as

of April 17,2007, he had seen "numerous" articles that he felt established

that Council Members were biased against the landfill. (Exh. A

at 19:18-20:11).

In its Response, Fox Moraine downplays the role of Jim Burnham, one of the main

members

of Hamman's and Fox Moraine's landfill team. Burnham acted as Fox Moraine's

spokesperson on landfill issues during the hearings, helped prepare Fox Moraine's landfill siting

application. engaged expert witnesses

for the application and hearings, met with attorneys, and

attended the hearings. (Burnham Dep. 12:7-15:4, 16:13-17:15, attached as Exh.

B). As shown

in York--yille's Motion, Burnham, and therefore Fox Moraine, believed at the time of the landfill

hearings that every Council Member who ended up voting against the application was biased

against

Fox Moraine. (Motion,

8-9).

See, e.g., Lease Resolution Corp. v. Lamey,

308 III.

-2-

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

App. 3d 80, 86 (1

Dist. 1999) (noting that unless an agent's interests are adverse to the

principal's, his knowledge

is imputed to the principal).

II.

FOX

MORAINE HAD A "MEANINGFUL OPPORTUNITY" TO MOVE

TO DISQUALIFY ANY COUNCIL MEMBERS IT FELT WERE BIASED

BEFORE THE MAY 2007 VOTE.

Fox Moraine disingenuously suggests that

it did not have a "meaningful opportunity"' to

move to disqualify the Council members it felt were biased. Without citing to any authority, it

suggests that it needed some minimum amount of time to move to disqualify the Council

members. But Fox Moraine moved at the beginning

of the hearing to disqualify then-Council

Member Valerie Surd and Council Member Rose Spears, without arguing that

it needed more

time to compose the motion. Fox Moraine knew both how to

v.Tite and file such a motion but

also knew

of all the infonnation it would need to put in the motion days before the close of the

April 2007 hearings.

As noted above, Hamman believed as

of April 15,2007, that Werderich, Plocher, and

SutclilTwere biased and had prejudged the application. These three candidates were elected two

days later on April 17, 2007, and Fox Moraine knew that they would be voting on the

application. As Hamman agrees, Fox Moraine could have moved to disqualify those Council

members before the landfill hearings closed on April 20, 2007, and

it also could have filed a

motion during the post-hearing comment period, which ran until May 21, 2007. (Exh. A at 66:5-

24).1 Fox Moraine knew that the City Council would be ruling on its motion to disqualify Surd

and Spears

at the public meetings to discuss the application, which were held on May 23 and

May 24, 2007. (May 23, 2007 Tr.

of City Council Meeting, 8:3-11; 13:5-14:2, attached as Exh.

Moreon:r. Fox Mornine knew at the time it filed its landfill siting application that several Council members were

up for reelection in April 2007. (Exh. A al 7:24.10:15. Moose Dep. 31:1-9. anached as Exhibit C). Fox Moraine

could have filed its application either earlier or laler than the December 2006. (Exh. A. at 7:24.10:I

5).

By choosing

to file

before the election, any heated concern by the public with the landfill during the election resulted entirely

from Fox Moraine's choice 10 file just before thai election.

-3-

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

D}. Fox Moraine does not explain, because it cannot explain, why it could not have moved to

disqualify additional Council Members.

III.

CONCLUSION.

The Hearing Officer should grant Yorkville's

mOl ion

in limine to exclude any and all

arguments. statements. questions, testimony. or evidence of any kind from any party that refer to,

directly or indirectly, the alleged bias, predisposition

or unfairness of any City Council Member

other

than Mayor Surd or Member Spears.

Respectfully submined,

U ITED CITY OF YORKVILLE, CITY

COUNCIL

By:

--:/':'s/'---"L"'e~o-'Pc..

",D",owm!!b"ro"-w"""sk,,i

One of Its Attorneys

Dated: October 7, 2008

Anthony

G. Hopp

Thomas

Matyas

Leo

P. Dombrowski

WILDMAN. HARROLD. ALLE & DIXON LLP

225 West Wacker Drive

Chicago, Illinois 60606

Telephone:

(312) 201-2000

Facsimile:

(312) 201-2555

hopp@wildrnan.com

matyas@wildman.com

dombrowski@wildman.com

-4-

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

EXHIBIT A

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

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EXHIBITS

NUMBER

MARKED FOR 10

Yorkvl11e Deposlhon EKhlbf!

No.1-2

P.5

(Retained by Mr Dombrowski,)

p•

P 42

EXAMINATION

IN DEX

WITNESS

DON

HAMMAN

Mr Dombrowski

Mr. Blazer

•

,•

I ....

I'C1I n

•

...

•

..ITKD CITY <r

tauM:1t..

...

•

••

"""

APPEARANCES

MUELLER ANDERSON, P C ..

MR. GEORGE MUEllER

•

Ottawa,110Jis61350

609 EIN Road

•

(815)Representing431-1500

the

PetlllOner;

•

WILDMAN HARROLD ALLEN & DIXON, LLP,

MR LEO P DOMBROWSKI

225 Wesl Wacker Drive

Chicago.

lPinois 60606

(312)201-2562

Reptesentlng

the

Respondent;

JEEP & BlAZER,

MR. MICHAEL S. BlAZER

24 North Hiltside Avenue

Sullo A

HillSIde,Illinois60162

Represeotlng the Kendall

Cowtty

AlSO PRESENT'

Char1es J

Mt.phy, Fox Valley

•

ConstJting SeMces. Inc.

(W.ln8$$ duly sworn)

MR. DOMBROWSKI

HarT'll'Oan.my name.s leo

Dombrowski

I repreHt'lt

the

etyof YorkVIlle in

this

appeal rm gooog to be aslung you

some questions today You ooderstand

that _

have

• court reponer here to record everythang thai you

say?

THE WITNESS I do

MR. DOMBROWSKI And that II you'd lel me

finish my question belore you start your answer.

and

won't step on your

answer.

lhat

get

dear record AM

nght'

THE WITNESS Oby

OON HAMMAN•

called as a IM!neSS

tletetn,

I\aVlt'lg been first duly

sworn, was eJ<amu'\Iild and testified as

fo/Iows

EXAMINATION

BY MR

DOMBROWSKI

Are you on any dl'1Jgs or medications or

anytrung that you think might interfere IMth)'OUr

ability

answer my questiors today?

A No

let me

show

you

Yotlal

have

mlIl'lIed as

YoronRe OepoiSl\JOn EI<hIbd No 6.

1 (Pages 1 to 4)

McCORKLE COURT REPORTERS, INC.

CHICAGO, ILLINOIS (312) 263-0052

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

In December With

elecllons

fow monlhs or

the

offing?

A I howe

idea v.tJy I have a managing

partner gmup Ihat chose to

forward

don'l

micromanage my projects.

BUI

you

"""'1'9

undef- no deadline or

anyuung. I

~nd,

thai made you file it

December 1st, W, correct?

A Whal

you mean a deadhne?

Any legal deadline?

A NOllo my knov.4edge.

So you could have filed the application

before December 2006; correct?

A. I'm flO( aware of the eoVlroomenlallaws

I'm saYIng,

apart

from any

erMfOl'Vllefllal

laws,

you could

have lied

the

applicalJon With

the

City belore December of - before December of

2006,

COlTel;.t?

I'm

nol

sure

Whal would have prevented you from filing

it any earlier, if anythIng?

0001 know

as you SIl. here,

noItW\g that

you know

01 thaI 0I0Uld

have prevented Fox MoraD:!,

llC

from

filing its landfill application earlier than

December of 2006: 1;()I'T'eGt?

A Repeat

the

questioo

MR DOMBROWSKI Read

that

back if

you "'OUld.

please

(Record

read

as requested )

MR MUELLER If you know

THE WITNESS I don't know

l3Y MR DOMBROWSKI:

Nothing

that

you knowef, COITect?

A. Not that I know

Anythong

that YoOUld

have prevented Fox

Moraloe,llC

from fiting

the

applicabon later-

than

December

2006?

~ogthatlk~el

a, Old you assist In preparing Fox Moraine's

Interrogatory answers?

A No,I did not

a Did

you assist In

preparing

Fox Moraine's

Izo

responses to

the

document requests?

No,fdidnot

Were

they

ever shl:Mn to you?

A. No

You've never reaclthem?

1have neVel" read !he<n.

I have complete fa'!h

my managemeot

team

Are

you aware, Mr, Hamman, that part of

this landfill appeal - strike thaI.

In !his landfill appeal, you're aware thai

Fox Moraine is daiming !hat the

City

Council was

blased agaInst

'l You

understand that?

A. Repeat Ihe quesbon again.

MR, DOMBROWSKI: Read that back, please,

(Record read as requested,)

THE WITNESS: Yes,l do.

BY MR. DOMBROWSKI:

And

who

on the

City

CounCil are you

dalmlflg was blased against Fox Moraine?

Valerie BUrd,

Rose

Spea~.

a. Anyone else?

No,

a, You're nOI daimlng that Mr. Werderich was

biased?

MR. MUELLER: IVe you asking for his personal

knowledge or personal dalms? Because, in that

case, they're llTelevaot.

MR. DOMBROWSKI: I'm asklOg h'm as a

representallve of Fox Moraine

MR MUEllER: He's already testified that as a

representatIve of Fox Moraine

doesn't

mocromanage

and

defegates

those

calls

his

managemerd

learn You're welcome

ask

twn aboul

his pef'S(lnal knowledge or beliefs

THE WITNESS

Could I

ask a quesbOn?

MA. DOMBROWSKI Sure

MR MUELLER. Sure.

THE WITNESS: When you said Wally Werderich.

are you talklllQ aboutlhe newly board or

the

old

board?

BY,.1R DOMBRQlNSKI

rm talking about

the eight

aldermen

who

voled on

the

applicabon in May 2007

A. Well, In that case, Mr Wally Werderich,

he was biased as well.

AIInghl Let me

show

you

what

we've

rnar1Ied

[)eposibon ExhtbIl No.7, which is Fox

Moratne's

second amended

petJllOfI

fOf" fevMlW, and

allacheclto that

IS the

City's

lesolubon

denying

the

1ar1clfi1 appkabon whlch has a list of

the

aldermen

who

voled

00 't'QU

see

that

there?

Yes

3 (Pages 9 to 12)

McCORKLE COURT REPORTERS, INC.

CHICAGO, ILLINOIS (312) 263-0052

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

All nghL

you've menboned three of

Po.

Burd is not on here

the rune people?

Well,

she SIgned It?

Po.

Wei, in

looking

at this. It refreshes my

Po. Well, but you

pointed

10 thIS

She's not

memory.

Plocher. as

Robyn

I recall

Sutcl'ff.

there was

Wally

Werdericil.

news artlde

Joe

two

""'.

mlsspol(e or if 1dldn't mentIOn

it,

Of three days pnor

thelr - the election, and

misspoke.

meant to say the

eight

aldermen plus

both

01 them based the landfill as part of their

the mayor.

election platform, they were against it I believe

Po.

Okay. It would

the mayor as well.

it was In the Aurora Beacon News, III recall

All right. When did you first think that

correctly.

Mr. Werderlch was biased against FOl( Moraine?

And you saw thai article when it appeared

In seeIng him around lown, at functions,

lhe $undCly before the elections?

he had the no-landfill buttOflS on him

We gel the Beacon News delivered daily.

And when did you see him weanng

y'"

no-landfill

bot1ons?

Okay_

you would have read thaI article

Po.

At the meellngs that I attended, the

lhatday?

heanngs I attended some of the hearings at the

Po.

Oh, most defimtely.

0 Did

you tell anyooe on )'QUr management

......

Now, wereHe

hadthesethethe

buttonsannexationon.

hearings

leam or landfilileam what you thought 01 the

)'QU're talking about?

article?

No. No-landfill.

I would have probably called, but I don't

O. So

these were the landfill heanngs that

recall I! I did or not Every lime there was a

look place in March and April 01

20071

news article In either the Aurora Beacon News, I

would cal( Charles Murphy or Jim Burnham and lell

Something else thai Indicated to you

them about these ar1ldes I don't recaH if I did

Mr Werderich was blased agaIflSI Fox Moraone?

on lhal particular one, because they

don't

get the

Thal's

subscnpbon, the daily one, lIke t

do.

0 So whetl

you

saw him weanng

these buttons

You recal caUiog 8I1her Mr Murphy or

March and

A4lril

2007, I assume you shared

Burnham about this April 15th artide?

that WIth

yow

lanc:tfilileam?

Po.

I would have alerted them

it.

•

Po.

No Everybody could see it I didn't

Take

And

what

a lookwould

al this,youwhal

have

theirtoldplatformthem?

shareO. ItWell,

WIth

did

anybodyyou

point out 10 Mr Murphy or

is. It was anll-Iandfill.

Mr. Burnham or anyone else \hal Mr, Werderich was

And you say that you also called them

wearing these buttons?

regarding other articles thal- in which you

Po.

I did not

thought indlcaled some bias by the City againSI Fox

But

you say you, yourself,

certatnIy

were

Moraine?

the

bebef IrI March

and

April 012007 that

Po.

" Werdeoctl

was biased agam:l the

landfdl,

Can)OW recall how many other articles

correct?

lhere would have been?

Po.

Repe.;l1

the quesUon_

editor,

Po.

There

at cetet'"a.wouldyou

have

know,

been

by lhe

lettersvarious

to the

people,

City

1817

...

DClMBROWSKI Read lhall»l;j(, If you

would

urn-hum

(Record read as requested )

Anyone else on that lis! who you claim was

THE WITNESS Yes.

biased against the City?

BY MR DOMBROWSKI:

Just those four,

How about Robyn Sutcliff,

vmy

do you

say

Okay. Well, you mentioned five, Burd,

she was biased against

the

landfill?

Spears. Werderich, SUlcllff, and Plocher?

Po.

She was weanng

the

billions as well

4 (Pages 13 to 16)

McCORKLE COURT REPORTERS. INC.

CHICAGO, ILLINOIS (312) 263-0052

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

Was ttws one bulton. was it different

I don't know

that

lor a

raa. but

if he

buttons?

dkln't wanl them there. yoIid

tel'lalnly

lake them

No. They all had

the

same

logo.

daMl.

you

'MXIIdnl condone them belng

there

And what

was - what was on

the

button?

So you

don't know...oo

put

those

s;gns?

II was a oM\Ile bulton with a orda,

do ....

~andfill,

With a slash across it.

Anything

else that $UppOft$

'fOUl belief,

And when

did you see

Robyn

Sutcliff

other

than the buttons and SIQ/1$. that

Mr Plocher

wearing lhese buttons?

was biased

aga.nst the

landfia'

At these landfin hearings.

In March and April of 20071

And.

again, !his was your

belief

in March

If thaI's

the

correct bme

when

they

were

and April of 2007

that

Mr PIochef was

biased,

golflg

on. yes.

"'""",

Did you point thai out to anyone on your

Yes.

landfilileam?

Did

your landfill learn have a or subscribe

I did

not.

to a clipping service oMlere they received artldes

Bul. again,

was your opinion at

that

regarding the landfill?

time thai she was biased against the landfill;

I don't have any Idea

correct?

by the time the yale was laken in

the

A. YM.

Yorl<.ville eleclJons on April 17th, how many

•

Q .

How about Mr, - anything else

thai

1>0

articles

you lhink you

woold

have - how many

supports your belief Robyn Sutditr was biased

articles

you thonk you

had

seen that indICated

against the landfill?

someone on

the

City Counol or someone rurvung for

No.

office v.as biased against

the

landfill?

How

about Mr. Plocher. 'Nhat

supportS

Y'Ot'

Num~,

belief that

was biased agarnst

the

landfill?

Meaning 15

2O?

A He

had the

buttons on as welt, and

he had

Numerous.

the

no-Iandfitl s'9ns in fronl of his residence.

More than 20?

Let's lake

the

buttons first When did

Numerous

you see him weanng the buttons?

Give me an estimate

A At the landfill hearings.

MR MUELLER: He's told us numerous, If

And

you say he had anti-landfill s'9ns in

didn't put a number on it, lhen he's not gOing to

front of his residence?

put a number on it

ThaI's correct.

BY MR, DOMBROWSKI:

•

What did these signs

say?

•

Q .

Can you put a number on it?

No landfill,

No, I cannot.

How

did you come to see these signs?

Can you give me a range?

Couldn't miss it, It's on the comer of

Numerous.

Route 47 and Main

Street

it could have been a hundred; correct?

A Because

How did you

it was

know

wherethat

was

daimedhis

residence?

lIVe.

No.youI'm

saynot

so.saying

so. fm asking you a

How did you

know

that

claimed to live

quesbon.

there?

MR. MUEllER He's

told

you

can't

put

Maner of public kflOYlledge. His parents

number 0011.. let's move 00_

lived there.

!Io

BY MR. DOMBROWSKI-

So he

was living with his parents?

can

pot

a number on It

A Yes.

Could it have been mof'e than a hundred

How do

you know they were

his

signs and

articles?

not someone else's S'9ns?

No.

5 (Pages 17 to 20)

McCORKLE COURT REPORTERS, INC.

CHICAGO, ILLINOIS (312) 263-0052

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

EXHIBITB

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

EXHIBITS

NUMBER

MARKED FOR 10

YorkVille DepoSitIOn

Exhlbll

No 5

P 5

(Retained by Mr Dombrowski)

BEFORE mE

ILLINOIS POLLUTION CONrROlBOARD

rO/l; MORAINE

ltC.

)

I No

PCB 07 1"6

UNITEO CITY

YOAKVIll£. CITY )

COUNCll.

,he

<MpotIIlCn)

OIl JAMES0 BURNHMI

........ IIW __calM, __ .EHNIFER

CAMPBEll • flOW)' ...- III

ea.nv

1IIrIooI.... 1he 1211I

<II

200lI ..

tOpm

P<6...-oI

.. aooGamef

IeI __

.... _

ycrt_

1N OEX

WITNESS

JAMES D BURNHAM

Mr DombrowskI

EXAMINATION

APPEARANCES

MUELLER ANDERSON,

PC.. by

MR. GEORGE MUELLER

609 Elna Road

Ol1awa,lIhnOIS 61350

(815) 431.1500

RepresenUng lhe Petitioner,

WILDMAN HARROLD ALLEN

& DIXON,llP. by

MR. lEO P DOMBROWSKI

225 West Wacker Drive

ChICago. IllinOIS 60606

(312) 201-2562

Representing

the

Respondent

(Witness duly sworn )

MR DOMBROWSKI lellhe record reflect thai

(hIS IS the depoSlllOn of JIm Burnham taken

pursuanl '0 notice and agreement

JAMES 0 BURNHAM,

called as a WItness herein, haVing been first duly

sworn. was examined and leslified as follows

EXAMINATION

BY MR DOMBROWSKI

Would you Slale your full name for the

record, please, Sir

A James 0 Burnham

DOMBROWSKI Mr Burnham, I inlroduced

myself eartier

you My name ,s leo Dombrowski

I'm an attorney

lor

the e,lr olYor1\vllle In thlS

appeat l'Il be asking you some questIOns today

You understand lhal there's a COUI1

reporter- here

record everv1hw'Ig, and that

shouldn'llalk over each other, 's Ihal aM righl?

THE WITNESS I do Yes

MR DOMBROWSKI

And

what WIll you do If you

don't

undersland a quesllOO Of are COIlfused

It?

THE WITNESS say as

such

1 (Pages 1 to 4)

McCORKLE COURT REPORTERS, INC

CHICAGO, ILLINOIS (312) 263-0052

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

commenls that

wefC

made during those meetlngs by

some

ollhe people Ihal were mlhe pub!IC-eommeot

portIOn of those meetlngs

BY MR DOMBROWSKI

DIll you ask someone for copieS of these

transcripts

were they grverl

you?

A I

asked George

lor the

transmpt for

the - the

final vote by Yor1\VlIIe And

the

other

1wO. one

fot.nd

Ifl some lI1voices for

the protect

one

them

I found III

the

lI1VO!CeS for

the

protect.

and

the

other

one

I think It was forwarded

me by George. although

didn't request rt

Have you talked to anyone 111 preparalJon

fl)l" your deposillon today?

A I spoke with George. and that's it

No OTle else other lhan Mr Mueller?

Nolin preparallon lor this

know thaI

Charlie Murphy was deposed, but thaI's all that -

Have you lalked to him Since hiS

depositIOn?

A Ihave

And whal dtd you

two

talk about?

A A vanety of thWlgs but nothing III regard

10 thIS

N()(h!ng

Ifl regard

lhe land'" appeal?

Correct

NothlO9 In regard to tllS deposlllon?

He didn't mention anytlllng about hiS

deposllJon?

A. I asked how It wenl but that was JUSI

general conversation

And what dld he say?

A He said It wenl - II wenlline. It was

what it was

INhere do you work?

A. I don't undersland PhySICally v.flere do t

woOl?

Yeah

\'\'ho

do you work lor?

Myself

What

you do?

A I'm a coosultant for a vanely of clients

thall

have

Whatlond of consultant are you?

A. I don't really know

how

to describe it.

do wolk for acql.lSlllOllS. so

companies

that are Iookm9 to buy olher comp3nteS

need

people

to do due diligence I do some of that I do

buSiness modelmg I do some project development

wor1I

Similar to

the

role thaI

fUOClJOned

Wllh

the

fox

~1ofame

Landfill I do some valualJon reports

for comparues,

and

I partJeipale Il"I brokenng of

eompallleS for sale to othef' lI"IIeresled buyers

What

IS the

name

your business?

A JOB

CoosuIbng

5eMces. Inc

a ArwJ

where

yOlIf busineSS located?

A 4532

Avenue,

S~+e-y,

Downers

Grove,IIliOOlS

a How

long have you had the business?

FIVe years In OCtober

And what's your relatlonshlp and lhe

relationship

your busmess

Fox MoraIne, LLC?

A They're a cllenl of mine

When were they lirst

client?

A. Seplember

012004

Maybe around that lime

Irame

a And what did you start domg for them In

September

012004?

A Pardon me tlTMsspoke

Could you repeat

the

Ques\JoO OIl Fox

Morane?

Yes

Wlerl did

you first start

dOlO9 woO:

for Fox Morall1e?

A I

guess Fox MoralOe was -

became

entlly ... 2006 maybe arotni March. so that's when

I slarled dolO!l

for Fox Morallle

In March

01 2006?

A. Yes

And what did you slart dOing lor Fox

Moraine In March

0120061

A I was working on the Fox Moraine landfill

project forlhem

And tell

everylhlng you've done for Fox

Morame on IhlS landfill

protect

A. Could you

more speCIfic?

MR MUELLER.

Knd 01 a

broad QuestIon

BY MR DOMBROWSKI

Welt justtel me generally

for

slarlers

what you've

done lor

Fox Moraine

on thr.;

Iandfil

prated?

PartJeipated ... negotla\JoOs and

the

relallOn$hlp

WIth

Fox Moralfle and Groot.

Partlapated ... negohatloflS for the oper-a\Joo

the proposed

operator

the

Iandfll, Peona

Disposal I panlClpated in engagtng lhe vatlOUS

consultants that were expert Witnesses And, as we

3 (Pages 9 10 12)

McCORKLE COURT REPORTERS, INC.

CHICAGO, ILLINOIS (312) 263-0052

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

proceeded to file an application, I participated

In, you know, attending various county meetingS,

attending the various meetings in regard to

2000

Of, you know, Fox Moraine's application of, you

know, petition for annexation, the - the

application for - the forma! application for -

for the landfill

So you helped pultogelher the formal

application for the landfill?

A I participated In -- I didn't put the

thing physically together, but, yes, I under - I

was Involved in preparing that application for

submittal

And that application was submitted to the

City of YorkVille on December

1, 2006,

correct?

A Yes

Ok! you have anything to do with the

landfill prOject after the applicabon had been

submllted?

A. Yes

And what was that?

A. t was Involved In the hearing process I

sat lhrough all, If not most of the heanng itself

Met with the expert witnesses, the attorneys, was

Involved In the - you know, the project managemenl

of that project in conjunclton With Charlie Murphy

So you went to alilhe landfill hearings;

correct?

A I believe so,

And those were

In number?

Something in that regard, yes

W'hy did you go to all or most of all of

the landfill heanngs?

Because I was involved in the projecl and

that was part of my scope of partiCipation

Old you testify at

any

of those hearings?

A Idldnol

So was il lair to say that you showed up

fo baSically see what was going on and who was

testifying as to wha17

Yes

Old you have

any

Involvement With the

landfill project once lhe landfill hearings had

ended?

Yes

And what was thaI?

A Dealing With vanous ISSueS t processed

Ihe invOices to have people paid From time to

tnne I intertaced With the attorneys thOlt represent

Fox Moraine and represent or particlpate In various

discussions with the management and owners of Fox

Moraine

If Itle landfill Is eventually approved,

Will you have any role In lhe landfill afler Ihal

pOint?

A Can you be more specific?

Weli. we're going through an appeal

process Should the landfill be 3pproved and CIted

and become an operating landfill, Will you have any

role in the landfill?

A Nol that-

MR MUELLER Go ahead.

THE WITNESS Nol th31 -- nol that I've been

told that I would

BY MR DOMBRO'NSK1:

So as far as you know, you wouldn't have

any role?

A I

don't think thaI determination has been

made by the owners of Fox Moraine. that once lhe

landfill would be started, what my participation

would be, if any, or not. I don't know

you have any financial inlerest in the

landfill projecl?

A. Beyond consuUing fees and a success fee,

So if it does get approved, you get some

type

bonus or confingency?

A ThaI'S correcl.

How long have you known Don Hamman?

A Probably - I've mel him Irom time to time

starting in, you know, probably around 1995 range

Do you have anything to do with hiS

composting faCility?

A. Idonol.

Now, I have seen you identified In

newspaper articles as the spokesman for Fox.

MOf3lne, lLC; is Ihat a lair characterization?

There was a time when

when I was

mterfaClng with the reporters, and Ihal was, I

guess, known lhatlf they wanted 10 ask questions,

that I would

available, so, yes, I was a

spokesman for the Fox Moraine

landfill, but not for

everything

Well, what then were you a spokesman for?

A like I said, the Fox Moraine landfill, but

there

was other Issues that people reached out that

4 (Pages 13 to 16)

McCORKLE COURT REPORTERS, INC.

CHICAGO, ILLINOIS (312) 263-0052

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

didn't mvolve me, so I wasn't the spokesman lor

issues

that I wasn't a spokesman fOI

And whal other issues are you ta!kmg

about?

Well, I guess if - if you're -- if you

look al

a company spokesman, a company spokesman,

largely,

you know, they deal with - with all

extemal

and

somehmes internal discussions in

regard

to the company

I didn't

r dealt with some of the

repolters specifically In regard to the application

or the hearing process Irom time to time, bUI nol

always. So there could be other issues that people

needed to speak with Fox Moraine, the entity,

aboul, but it didn't go through me.

Okay How many times do you think you

spoke With reporters beginning In March 01'06

thfough, let's say, the filing of this appeal,

which

was In July of '071

A 25 limes

LeI's go back to the three transcripts

that you menlloned earlier You said thaI you

looked at lhose to see what members of the pUblIC

had said althose public meetings: IS that right?

particular exchange basically said that Don Hamman

and, in con/unction, Fox Morame had his hand In

the back pocket of Mayor Prochaska, which, m my

opil'llon was, you know, jusl an example of fustthe

tactics Ihat some of

the people that were agamst

the - against the pfoject, you know, presented

their arguments

ami intimidated in some regafds the

various

city council people

How do you lhink Mr Milliron Intimidated

the city

counCil members?

A Well, I trllnk It was an example of

somebody would lake a photograph out of the

newspapel, WhiCh could have been anybody, ami that

photograph was taken out of

context and baskally

defamed In some regard, at least in the way I look

at thmgs, not only Mr Hamman, but also the

m~yor

And as a mailer of fact, Mr Hamman sued

Mr Milliron for defamation:

right?

A I beheve so, yes

And that case was dismissed; correct?

I'm not - I don't exactly recall the

outcome.

Do you know anything aboullhe outcome?

can't recall

A. Not all, all the transcripts, no.

But the three or so transcripts you

mentioned earlier is

what I'm talking about

A Yeah But all those didn't have publlc

comments in

But some of them did?

A One

01 them did

Q. V\II1ich one did?

The re-annexatlon hearing or meeting

transcript

And did you find any comments In there by

anyone from the public to be significant or

relevant to thiS appeal?

Ilhought that Todd Milliron's comments

were a good example of how the public was

interfacing With lhe

With the COUnCI[, and, you

know, how they

were presenting their side of the

story and lheir

theIr bellet, I guess And I

thought that

that -- a couple of the people that

spoke

in that regard was reflective of, you know,

the level

of Just how nasty lhe process at the lime

had been gOing.

Well, what did Mr Milliron say?

A. Well, he - at that panicu!ar

at thiS

Do you have any idea If the SUit IS stili

ongoing?

I do not know

Any other comments from thai transcript

that you find

relevant?

A I think George Gilson was another person

that was oUlspoken

!n hiS oppOSitIon to the

landflll

project And t thought thai his comments

were also caustic I thought thaI that was lhe -

the reason that

t was looking at that panicular

transcript is I thought that that was the one where

he baSically slood up and said to lhe city council

people that if you move forward on thiS landfill

projeclthat you're - nobody is going to want to

sil by you in church, and, you know, the

neighborhood

IS watching And I also thought It

was one of the times when he said that, you know,

volers are

gOing to vote you out 01 office jf you,

you know,

gO forward with this So I thought

that -- I thought that

IS where he made some of

those comments. And the one about the people

slttlng neKt to them In church wasn't in thai

transcript I can't recall which one II is in, but

It'S In one of the transcnpls. So I thought,

5 (Pages 17 to 20)

McCORKLE COURT REPORTERS, INC.

CHICAGO. ILLINOIS (312) 263-0052

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

EXHIBITC

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

,,_~<od

lor'

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"le.A<lo 100., oU_Ionn

...roaa na-

u....u.ou -...01"1011 .,..,..."'" ......"

P 76

MARKED FOR ID

EXAMINATION

IN DE X

WITNESS

DEVIN MOOSE

ByMr

Dom~ki

Blazer

EXHIBITS

NUMBER

Yorkville DepositIon Exhib,t

No.6

P. 5

NO.7

P. 34

NO.8

(Retained by Mr. Dombrowski.)

I _.

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APPEAAANCE5

MUEllER ANDERSON.

P C.. by

MR GEORGE MUELLER

609 Etna Road

0Uawa.

Jlbnois 61350

(815) 431-1500

Representing

the

Pellbooer;

WILDMAN HARROLD AlLEN & DIXON, LLP,

MR LEO

DOMBROWSKI

225 West

Wacker Dnve

Chicago.

illinois

60606

(312) 201-2562

Represenhng Ihe Respondenl,

JEEP & BLAZER, by

MR. MICHAEL S BlAZER

24 Nor1h Hllistde Aveoue

SodeA

Hillslde.lllinois60162

Represenllrlg

!he

Kendall County

ALSO

PRESENT

Char1es J

Murphy. FOIl Valley

CMsuItong 5ervlces.

Irw;; •

and

Don

Hammao

(WitneSS

duly

sYoOm.)

MR DOMBROWSKI Mr

Moose.

my name IS Leo

Oombrow.;ki

re~t

the City

of Yorllville In

lhis

landfill

appeal

11 be

asking you some

questions today

Is it okay jf I call you Devin?

THE WITNESS It is And Leo ol<ay >Mtn you?

MR. DOMBROWSKI Fine

You understand that 'Ml have a court

reporter

here

to reoJfd everything that you and I

say. And

please Jet me

finiSh

question befOf"e

you start your ans....er.

and

1v.QIl1 step on your

answer, as

best

I can

do;

ralr enough

THEWrTNESS; Farenoogn

MR DOMBROWSKI U you don1 understand a

queslton, please let me know Qtherv.;se. 11

assume

that

you've uodefslood

i1_

Okay?

ll-lE WITNESS' Yes

DEVIN MOOSE

called as a .....!ness

herein.

haVlOg been first duly

S\OOm.

was examined

and

testified as folows

EXAMINATION

BY MR DOMBROWSKI

Are

you on any

medication

Of anything

that

1 (Pages 1 to 4)

McCORKLE COURT REPORTERS. INC.

CHICAGO. ILLINOIS

(3,2) 263-0052

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

We've heard about him over and over and over again

No matter how

many

limes _ had 10 hear about it,

v.e had

to hear abol.lt it again

aut the

city

(XlUocil did

nol

pemllt people

to teslJfy, that was

the

hearing officer's

role;

righl?

A, I

dorl't thlllk any of

them

test,foed

lew of them

dod I

think Stao

Le'Mflsll.i or

LevMSki, 1may have pronoonced!hat v.rong,

teslJroed But very few of tnem subjected

themselves to testimony Most

01 them got up and

provided public comment.

And

was

the

heanng offK;er's

role

say - to recogni.l:e

people ....no

'MlUld

providing

public

comment,

COlTect?

A Yes

Did

you !\ave any input ....

...nan EO

file

the

tanCf.

appkabon?

Just had

get the

appl"lCation

done by

the

date Other!han...nether

not

v.e v.ere

able

complete

the

technICal

w::ri: by the

d(lte,

but

other than that,

When

you say

"by the

dale:

v.O<tl do

you

mean?

several d<Ites

discussed, and t don't

remember

the

precise d<Ite.

And

the questions 'MIre,

"Can you have it ready by this timer And

said

y<.

Okay Who asked you

get it ready

certaIn date?

A Mr. Murphy

And ....nat date was he shooling lor?

I doo't recall. It was the d(lte that

filed Whenever, ....nenever that was

ThalwasOecemberl,2006?

A It was a snowy day,l fecallthal. Yeah,

It WilS

the

lsi of December Yeah

a That WilS no legal deadline, though; was

il?

A. Well, In

the

fact that

v.e had

already

noticed,

think

had

some

legal obligation EO

file

!hat date

What

you mean you had already notICed?

A. We had

published

a notice in the

paper

thaI

v.e were 90WlQ 10 file on

thai day.

8lJt

you

could

have - there was no legal

deadline

publish

that notice;

am I right?

A Not that I'm aware of

the landfill application

00IJ1d

have

been filed earlier, it also (XlU1d have been filed

laler, correa?

Yes

And

you filed

the

appllCallOO

December I, 2006.

you

knew thai

the

CIty of

Yorkville v.ouId

holding elections In Aprit of

2001. COlTect?

A I

was

aware,

yes

a Let me show you

v.hat has

been marted as

Yorkville

Oeposltion

Extvbl1 No 3,

15 Fox

Ml;nme's IIlterT'093tory answers to this landfill

appeal And you have seen

these belOf1l;

l;:OITed?

A Yes

a And

the

response EO Interrogatory

No.1,you'rellsteclasoneofltlelourpeoplev.ho

supplied

inlormalJorl

documents used in p-ep3rwJg

~an~.~?

A. Yes

What

did

you

help

prepare

FOll

121

Moraine's interrogatory ansY«'S?

A. I discussed

them on the phone

WIth

Mr Helsterl

Anyth.-.g else?

A. Not

to my recollection, no

DId you supply

any

documents?

Not

to my recollection,

Throughout the anneJ(3t\on and landfill

process beginning In leI's

say

September -let's

say beginning of september 2006, did yOll or anyone

at Shaw Environmental subscribe to a newspaper

clIpping servIce

9ather articles

thaI

y,cre

appearing In the Pfess regardin9 the landftll?

A I

subscribed to four or five different

electronic

and

COfIvenl,onal press clipping

services

And oMIat are those?

A Illinois Press Association,

the

lI~nois

Recycling Association. NSWMA

Whalisthalone?

A National

Solid

Waste Mal'\3gement

Association I think that's

probably....nere

I get

most

them.

120

a And

during 2006, 2007, _re

you

receiving

arllcles regardlng the

proposed Fox

Moraine

122

landfiK?

123

A Yes

And

v.here

y,cre

those

artICles appearing?

8 (Pages 29 to 32)

McCORKLE COURT REPORTERS, INC.

CHICAGO, ILLINOIS (312) 263.()()S2

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

EXHIBITD

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

_andfill Hearing

May 23,

2007

HR. PAUL J1,MES, Alden:.a.n,

•

MS. PICKSRIJ.I(j:

Lethe.

ALDE?J.IAN USL IE:

Here.

MS. PICKEP.ING: Werderich.

ALl.l&?l1AN WERD£IUOI: H!re.

MS. PICYLflIHG: Golinsl:i.

ALlk,7JIAN OOLIN5KI:

H<!re.

MS. PICKERING:

Plocher.

ALlJER."IAN £-LOCHER:

Here.

[oIS. PICKERING:

Hunns.

Ufo

Res~nsel

KS. PIQlERING: SUtcliff.

Al!lf.P.IoVlN S1nCLH?:

Ikre.

loIS. PICYJ:RING:

oeseo.

~JI

BESCO: Here.

t{').

PICKEPJIfG: Spears.

order,

please.

[N:lEFElJpr~"

elY

pr~fedln9s

~er!

resllJlOO

tol!O\ro's;)

r~YOR

BURD:

Callin~

the

m~eting

~Jld

you please rise for the

pledge~

(Pledqe

,/I.11eqiancel

MAYOR B1J:.IJ: Roll call by

derk,

~PJolJ.N

S?F.ARS:

!Iere.

HS. PlcrIRING: Burd.

HAYOP.

BU?D:

Sele.

(£.neef AldcD'dn

Munr.sl

W.YOR BURO:

We have a Q'JorW1\.

A1D~llJ-tw

HJNNS:

Here.

M.~YOR

BUPO: Would the city attorney

J plene introduce

thi~

case?

PWH: This is a specidl lleetlnq

II of

the

City Council of the United City of

11 Yorkville, Illinois, called for the sole purpose

13 of consideration of an application filed by rox

Jf Moraine, LLC, for a landfill siting approvdl

Jj pursuant to 415 Illinois CO/I?iled Statutes

Chapter 39.2 of the City of Yorkville.

t~lice

of tOnlght's aefting has

been given as required by law. By ....ly of

JJ backgrollnd. on Decerter 1st of 2006, fox Moraine,

LLC, filed an application with the City for

11 siting approval of a so:id waste landfill Llpon d

22 H3-acIe parcel of property 1000ted generally at

23 Route 71, four lliles west of the intersection of

!toote 71 and 47.

SPEcrAL MEf:THlG Of'

'mE CITY COOtlCl!.

UNITED ern

(of

YOPY'I"JI,LE, ILl.UIOJ5

)

HR. WALLY IlERDERICH, AldeCINn,

MR. ARDEN

",1"0<;"

f'LOCIf<;R. AlderlUn,

11R. GARY G:l1,JtlSK1, ....

lderm~n,

MR. HARTY I-JJlrNS, Aldennan,

MS. ROBYK SU'J'CL!Ff'. Alden',,",

l'Vt,

JOSEPtl BESCO. Aldec.!ln.

"'.s. JtOSE SP£AJtS, ... ld.....

I.e;. LIE/\ PlCI':ERIIIG, City Chrk,

KR • .,JOHl1

C~Or5.

City Admi"isLUlQr,

REroJ<r or PROCEWIN:iS

hoKI

and testirooy

, uken at the hearing laken on Hay

Z3,

~001.

10 the hocr of 7;00 p.•. , befoa Christine M.

Vito~h,

C,S.R,. al the Gr,mde Reserve

~lementary

J2 School, Yorkville, l11inois.

WIlLf(,\N, IIkPJWL.:I,

Al.LDf i

OIX~

2300 c.bct Onv•• S.ule

.~5

Lisle, lll.!nou 60532

\6301 955-6534

8Y,

HlctiAEL H. kO'Ml,

appured on behalf of the United

City of Yorkville.

Depa

Court Reporting SOlVice (630) 983-0030

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

.8"dfil/ Heari"g May

23,

2007

Th! CIty app..1jnlro d he"rinq

1 ctiice! to c[ll'lducl P\lolic nE-arill9s

O:'l

the

J application tn

accord~nce

"'ith t."le standHds and

proceI'iJres set out :'n section 39.2, rule :JPC'1l

5 evidentiary issues and IIOtions, and to !tIi!t.e

substar.tiv~ ri~inqs

and reeolntndations to the

1 City Coullcil as to the application.

Public hearill9s were then held

9 Oll 23 days from March 7th, Z007, through

.~ril

20th of 2001, at which testillOny and other

evidence ....as given.

11le

hearing )fficer then clused

the pOOHc hearirlljs on "pril 20th of 2007 and,

H P"lIsU3nt to statute, a period for recelpt of

H additio:lal written ctmItnl vas open

rna

April 21st, 2001 through Hay 21st of 2007.

The applicant, the public, ,,00

11 representatives of any public aqencies and

a organizations IlIilde connent and introduced

10 evidence. Many wrl tten cOfI1ll(lnts, including a

report, recommendation from the City Staff and

ZZ ils attorney, were received, and all of this,

21 including a filing dated Kay 21st frOlll the

Zt applicant, has been included in the public record

:'he CilY c.:.unciJ is

u.~.d~r

flo'

le93~

ctligatio.1 to satisfy the SlUng standard!

J for the applicarot

fuir.q conditions ci

4 appro-lell,

Before deliberaticn begins,

, there

are two prdirainar)'

Ill3tten

that need to be

1 attended

to, 'l"he

hearing officer aid rr-.t rule

(In

8 two pending lTQtions, but left them for the City

, Council to decide, so the first ordet o[ business

10 is to do that.

The

first pending mtion is

J2 IItlether to diSll'iss

th-:

&:Iller based on an

11 assertion LMt the property is lhe sltlject --

tha~

the property that

the

sub)e~t

of the

H local

sitin~

applicati:m ..as not properl)' annexed

J' to the United City of

Yor~ville

and that,

17 thereiore, these proceedlJ1gs are not ",flder t:-ae

18 jl:r1sdiction of the City.

Consistent with the

10 retonmendation of the hearing officer,

11 reconmend that the Council deny the motion. The

question of the propriety of the annexation is

13 not subject to an indirect legal challenge to

14 lhes'! proceedings, ar,nexation is presUllE!d by law

•

to be valid aocl ve, therefore,

r~nd

thit

Z this .tien be denied.

The second

~tion

is that "lyor

Burd ard Aldeman Spears be disqualified from

participation in the local sitin<j process. fox

5 Moraine has alleged that those tWO officials ndve

engaged

in conduct that show bias. 1'his request

is contrary to Section 39.2, !lnd no evidence was

, introduced as to this contention

the

19 applicant. for these reasons, we recOff'lleoo

th~t

II this ootion also be sl.IlIMrily denied.

So, first, 1 rec:ca:end that a

lOtion be IMde to deny Kend.tll County's

~tiOl'l

disaiss for lad

jurisdiclion.

.a.LlDWIN SPE:MS: So lklved,

,..LD€W,N LESLIE: Second.

MAYOR BURD: Could I have roll call,

ple~se~

ALOE:RW.N MUNNS: Any discussion on

16 that?

KAYOil.

WHO:

Any

discussion? Any

11 lJUI'-stions, any discussion?

ALOEPy.\."1 )IJ}fflS: Just one questior,

why the hearing officer

attend'!d every

•

1 in this eatter.

)

The hearing officer has

slilrUtted his findings and recOlfllendalions and

those have been forwarded to the City D:luncil.

These findings and rCc:DINN!n-jations are advisory

to the City Council.

Ill.' are now in a stage of this

8 proceeding where the City Coum:il shall consider

, and deliberate over the application. 110 further

10 evidence or input fre-l the

~pplicant

or the

11 plblic is to be laten.

Tbe City Council', general

11 rules ao::l procedure as set forth

ill

the City's

H Code reqarding Council debate qoverns tonight's

15 proceedings.

The issue tonight is whetl-ter or

J1 not the a!lPlicant has mel his Durden of proving

tha.t the proposed lilMfi1l1llet:ts the statutory

19 sili09 criteria under the Illinois EnvirOl'llrenlal

10 Protection

The City Council has three

11 options:

Iflly approve the application,

23 deny the applicatiOfl

or it my approve the

application on certain cooctitiol\!.

Depo

Court Reporting

Service

(630) 983-0030

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

_Bndftl/ Hearing May

23,

2007

----------

----------------"'----_.

been provid:!d to us at It.is point.

~:R,

P.CfTH: iI'ell--

I\I.D£RHI,N

~IERI)ERICIl:

P,nd I gue5s the

twnq of it, too, is the other thing.

W~J~t's

5 concerning to me is the fact that'll(: ,",'ere given

these voluminous amounts right before the period

7 of tine thot we were supposed to make the

8 deliberations and dedsionS.

tIJ\. ROTH:

I can only tell you

M.Il,YOR

BURD:

anybody would like

III that --

ALOEPJ'~~l ~,'ERDERICH:

Is that --

HR, ROTH: -- this binder -- this

binder of information --

~LDERHAll

-:EROERICH:

And that's

double-sided, right?

MR. ROTH: It's double-sided,

-- appeared toniqhl to hJve

J8 been filed -- received by the City on the 22nd,

J9 it was post-marked on the 21st, and according to

your ordinance, that is sufficient within the

21 31-day -- the 30-day period, excuse

for

21 post-hearing

~nt,

so it is before you and

is in the record.

HS. PICI<ERING:

Gohnski.

AI,rn:~MhU

GOLINSKJ:

Aye..

HS. PICKERING:

W~rderich.

ALOERM.~.N

WERVf.RICH:

!lye.

MR. ROTH: Next r cecorrrnend that a

6 !OCItion be rnade to deny Fox Moraine, LLC's mtion

to disquillify Mayor Bucd and Alderman Spears from

8 participating in the!)e proceedings.

AI,DERWIN GOLINSKI:

So moved.

ALDERM/\N Ir.'ERDERICH:

Second.

HAYQR SlJRD:

We have

Any

12 discussion on this?

.~ny

questions?

(No Response)

ALDERMAN SPEARS:

I want to vote

~gainst

any

rul~s

or any landfill -- their rules,

I allowed to vote on this to remove myself?

/7 Okay.

ThJn~

you.

MAYOR BURD: Any other questions?

(No Responsel

I'lJ\YOR BURO:

Roll Cdll vote

please.

¥.3. PICKERING:

Plocher.

~.LOEfIMAN

I'LOCHf.!\:

Aye,

MS. PICKERING: Spears.

ALlF.i<WIN SPE'J\RS:

Aye,

115. PICKERING: Sutcliff.

;lj,DEPJ{AJ'i SUTCLlI'F: Aye,

tIS. PICKERING: Besco,

ALDERMAN

BESCO:

Aye.

MS, PICKERmG: Leslie.

JlLDEPJ{6J1 LESLIE:

Aye.

MS. PICKE!UNG: Golinski.

ltLrt:RMAN GOLlilSKI:

Aye.

1£. PICKERING: Werderich.

l<.LDERHAN

WERDERICH:

Aye.

MS. PICKERING: Munns,

ALDElllolAN IMINS:

Aye.

MA~O!l

HURD:

Now 'oil' move into the

debate section.

ALOCRWIIl WERDERICH:

Actually,

H actually,

if I

could ooke a point here before we

move in, one of the things that we did receive

18 tOOaY in regards to things that we're supposed to

19 take into consideration was post-public hearing

20 "rittert cocrrnents by the applicant, rOK Moraine.

would like to ask the

22 attorney, one, whether this is something that can

clone ,md can be

taken into consideration

especially in the voluminous illOOunts that has

to move to adjourn until tororrow --

/U,DERIWI BESCO:

Ye.s.

/ill.YOR BURD:

-- so that

you

c~n

reild

this through and you feel that you need flJ)fe time

5 fOf consideration --

lILDER¥,AH I,ESLlE:

I am concerned

7 aboot the

li~,

M.~YOR

BURD:

We have to vote

the

29th of Hay. That means that would move os back

aoother day, so you need to consider that. lie

II can't do all of this in one night.

~)e

need to

12 have discussions --

ALDERNhN l'1l::RDERICH:

MAYOR BURD:

Excuse me, please.

~'1e

need La have discussions and then we will have to

16 give our attorneys tine to prepare a resolution

based on the consensus of the City Council arK!

they will come back the next day with that

U resolution and then v€ will \late, so 'ole need at

least one night of debate, and then the n,o:xt

21 night >Ie will have the resolution that

'He

will

vote on and you can debati! that res<llution al

23 that time, So that's the outline of what we're

going to do.

Depo Court Reporting SelVice (630) 983-0030

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

CERTIFICATE OF SERVICE

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

of Filing and United City of York\'ille'sReply in Support of Its Motion in Limine #

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.

lsi

Patti Racki

[x]

Under penalties as provided by law pursuant to ILL. REV. STAT.

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

herein are true and correct.

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

SERVICE LIST

Bradley P. Halloran

Hearing Officer

Illinois Pollution Control Board

James

R. Thompson Center, Suite 11-500

100 W. Randolph Street

Chicago, Illinois 60601

hallorab@ipcb.st8te.il.lIs

George Mueller

Mueller Anderson, P.C.

609 Etna Road

Ottawa, Illinois 61350

george@muelleranderson.com

Charles Helsten

Hinshaw

Culbertson, LLP

100 Park Avenue

P.O. Box 1389

Rockford. Illinois 61105-1389

chelsten@hinshawlaw.com

Michael S. Blazer

Jeep

Blazer, LLC

24 N. Hillside Avenue, Suite A

Hillside,

IL 60162

rnblazer@enviroatty.com

Eric C. Weiss

Kendall County

State's Attorney

Kendall County Courthouse

807 John Street

Yorkville, Illinois 60560

eweis@co.kendall.il.us

James J. Knippen, II

Walsh, Knippen, Knight

Pollock

21 SO Manchester Road

Suite 200

Wheaton.IL 60187

jim@wkkplaw.com

h~i.Hh\.'r

\\ \.J. pla\\ 1.:0111

James B. Harvey

McKeown, Fitzgerald, Zollner,

Buck, Hutchison

Runle

24255 Glenwood Avenue

Joliel.

IL 60435

jirn@mckeownlawfinn.com

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