eCopy, Inc.

SERVICE LIST
ILLINOIS POLLUTION CONTROL BOARD
FINDING THAT VALERIE BURD WAS NOT A CREDIBLE WITNESS
I. MAYOR BURD TESTIFIED CONSISTENTLY AND CREDIBLY.
II. ONE "LANDFILL OPPONENT" IDENTIFIED BY FOX MORAINE DID
NOT EVEN ATTEND THE LANDFILL SITING HEARINGS.
III. CONCLUSION
UNITED CITY OF YORKVILLE,
CITY COUNCIL

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 NOTICE that on May 7,2009, Leo P. Dombrowski, one of the

attorneys for Respondent, United City

of Yorkville, filed via electronic filing the attached

Yorkville's Response to Fox Moraine's Amended Motion For A Finding that Valerie

Burd Was Not A Credible Witness, with the Clerk of the Illinois Pollution Control

Board, a copy

of which is herewith served upon you.

Anthony

G. Hopp

Thomas

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@wildman.com

matyas@wildman.com

dombrowski@wildman.com

Respectfully submitted,

UNITED CITY

OF YORKVILLE

By:

lsi

Leo P. Dombrowski

One of their Attorneys

Electronic Filing - Received, Clerk's Office, May 7, 2009

CERTIFICATE OF SERVICE

I, Susan Hardt, a non-attorney, certify that I caused a copy of the foregoing Notice

of Filing and Yorkville's Response to Fox Moraine's Amended Motion For A

Finding

that Valerie Burd Was Not A Credible Witness, 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 May 7,2009.

/s/ Susan Hardt

[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, May 7, 2009

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.state.il.us

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

James

S. Harkness

Momkus McCluskey, LLC

1001 Warrenville Road, Suite 500

Lisle, IL 60532

jharkness@momlaw.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

2150 Manchester Road

Suite 200

Wheaton,IL 60187

jim@wkkplaw.com

heather@wkkplaw.com

James

Harvey

McKeown, Fitzgerald, Zollner,

Buck, Hutchison

Ruttle

24255 Glenwood Avenue

Joliet, IL

60435

jim@mckeownlawfirrn.com

Electronic Filing - Received, Clerk's Office, May 7, 2009

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)

YORKVILLE'S RESPONSE TO FOX MORAINE'S AMENDED MOTION FOR

FINDING THAT VALERIE BURD WAS NOT A CREDIBLE WITNESS

Respondent, United City of Yorkville, City Council ("Yorkville"), by its undersigned

counsel, responds to Fox Moraine's motion as follows:

MAYOR BURD TESTIFIED CONSISTENTLY AND CREDIBLY.

Unable to show, because

did not happen, that then-Alderman Valerie Burd campaigned

for mayor on an anti-landfill campaign or prejudged Fox Moraine's landfill application, Fox

Moraine now feebly attempts to attack her credibility by isolating a few statements made by two

members

of the public out of the thousands and thousands of statements made by numerous

people at approximately

200 hours of Yorkville meetings and hearings on proposed annexations

and the proposed landfill in

2006 and 2007. Fox Moraine alleges that Burd knew that these two

people, who also worked

on her campaign, were "landfill opponents," yet Burd did not so testify.

is clear from the transcripts cited by Fox Moraine

(see, e.g.,

Motion

5, p. 3) that

residents

of Yorkville were concerned that their elected officials were withholding information

from them and that these officials were also attempting to rush the annexation

of several parcels

through the City Council without appropriate deliberation:

How this deal was put together behind closed doors without the normal fair

debate and a normal hearing process time tables should have all

of you asking

Electronic Filing - Received, Clerk's Office, May 7, 2009

questions of why this vote is being called on such short notice. . . .

[P]referential treatment has been given to these three property owners here

tonight. .

.. This is supposed to be a democracy with rules and procedures for

us all, and all have been broken in this case. From the date

of the public

notice to this vote tonight has only been

19 days.

(See also

G. Gilson Public Comment at p. 2: "FOGY's concern was that the annexation process

was being undertaken in a fundamentally unfair manner to the citizens

of Yorkville .... "

(attached as Exh. A.»

should have been no surprise to Fox Moraine that the annexation

process and the proposed landfill siting were contentious and controversial issues. Even Don

Hamman, Fox Moraine's sole managing member, agreed at the hearing that proposing to site a

landfill in a community can be a divisive issue. (Tr.

5/23/09 Hearing at 5:8-13, 14:13-15:4,

attached

as Exh. B.)

should also have been no surprise to Fox Moraine that several members

of the public (who were derisively referred to by Devin Moose, Fox Moraine's landfill design

engineer, as

"ignorant people who took over the town," Tr. 5/22/09 Hearing at 146:2-147:17,

attached as Exh. C) chose to exercise their 1

st Amendment rights and express their views,

sometimes very emotionally, regarding the annexation process and the proposed landfill.

Despite the controversial nature

of the proposed landfill and the Yorkville electorate's

demanding to know the candidates' positions on that issue, then-Alderman Burd, as she

consistently testified at her deposition and the hearing, would not discuss the proposed landfill at

meetings

of her campaign committee,

nor would she allow anyone at these meetings to discuss

it. Mayor Burd also testified that she refused to discuss the proposed landfill when she was

campaigning door-to-door or anywhere else during the campaign. (Tr.

6/18/08 Burd Dep. at

13:22-14:23, 17:22-18:8,24:11-17,97:3-18, 101:6-12, attached as Exh. D; Tr. 5/21/09 Hearing

Her "campaign committee" was an informal group of people who met at her house to discuss

fundraising, signs, and other campaign-related matters. There was

no formal list of people assigned to

certain tasks. Whoever wanted to support her was welcome to work on her campaign. (Tr.

5/21109

Hearing at 181: 17-182:1, attached as part ofExh. E.)

-2-

Electronic Filing - Received, Clerk's Office, May 7, 2009

at 182:6-17, 183:2-23,223:11-18,247:23-248:11, attached as Exh. E.) That she did not hear a

few comments during emotional, protracted hearings where numerous people spoke on several

issues is no reason to question her credibility.2 Essentially, Fox Moraine is arguing that every

person at every hearing should have heard and remembered every statement, out

of thousands

and thousands

of statements, made by everyone who spoke at those hearings.

Fox Moraine also takes issue with Burd's testimony that she did not recall receiving

campaign contributions from members

of Friends of Greater Yorkville ("FOGY"). Fox Moraine

claims that Ron Parish was an officer

of FOGY who made a contribution to her campaign.

(Motion

7.) As Parish testified at his deposition and the hearing, he did not authorize anyone

to make him an officer

of FOGY, he was involuntarily made a FOGY officer, and when he heard

he had been made a

FOGY officer, he informed FOGY he did not want to be a part of the

organization. He submitted a formal letter

of resignation only because FOGY asked him to

submit one. (Tr.

1115109

Parish Dep. at 12:21-14:14,33:5-19,41:2-9,43:11-44:13, attached as

Exh.

F; Tr.

5121109

Hearing at 161 :3-21, attached as part of Exh. E.) That Burd did not know

Parish had been a

FOGY "officer" for a few days or weeks (assuming that his involuntary

appointment actually made him an officer) is not surprising.

The weakness of Fox Moraine's arguments becomes especially apparent when Fox

Moraine attempts to conflate the annexation and landfill siting matters into one, single issue.

The annexation hearings involved several parcels, which included not only the proposed landfill

parcel, but also numerous other parcels. The annexation hearings took place several months

before the landfill siting hearings began. Yet Fox Moraine wishes to portray

Burd's votes

against the proposed annexations as evidence that she was a "landfill opponent." (Motion

10-

2 In

fact, Todd Milliron, one of the two "landfill opponents" noted by Fox Moraine, spoke of a need for a

landfill and was in favor

of having one sited in Kendall County. (Motion

5, pp. 3-5.)

-3-

Electronic Filing - Received, Clerk's Office, May 7, 2009

11.) The proposed annexations and the proposed landfill were two separate issues, as was often

pointed out by the City Council.

(See, e.g.,

Tr. Council Meeting 09/26/06 at 65:6-16; Tr.

Council Meeting

10110/06 at 13:9-14:9; Tr. Council Meeting 10/24/06 at 84:14-16,85:5-9, all

attached as Exh. G (comments

of Aldennen Besco, Bock, and Wolfer); Tr. 5/21/09 Hearing at

178:20-179:1, attached as part

of Exh. E (comments ofthen-Aldennan Burd).) Fox Moraine's

annexation attorney also stated that,

"We see a variety of future uses for the land, but right now

we don't have a particular use and so we want to continue the operation that Mr. Hamman has

operated on this land for a number

of years." (Tr. Council Meeting 09/26/06 at 157:10-14,

attached as Exh. H.)

Fox Moraine also contends that Burd

"withheld the fact" that Ed Sleezer was a member

of her campaign committee. In support of its claim, Fox Moraine offers the testimony of

Aldennan Plocher. (Motion

8.) But Plocher was simply mistaken, as Sleezer was not part of

Burd's campaign committee. Fox Moraine further claims that Aldennan Werderich identified

Joe Plocher as a

FOGY member. (Motion

9.) That is untrue, as Werderich never so testified.

(See also

Exh. A at p. 1, where FOGY's President clarified that Fox Moraine's witnesses had

testified incorrectly because Joe Plocher has never been a member of FOGY.)

II.

ONE "LANDFILL OPPONENT" IDENTIFIED BY FOX MORAINE DID

NOT EVEN ATTEND THE LANDFILL SITING HEARINGS.

Fox Moraine is correct that Ron Parish was a vocal critic of the annexation process.

(Motion

6.) Parish, like many Yorkville residents, was concerned that the Yorkville Mayor and

Aldennen were rushing the annexation

of several parcels through the City Council without

adequate public discussion. As a property owner living near the proposed annexation parcels,

Parish was concerned that a housing development, water tower, retention pond, or landfill might

be built near his property. (Tr. 5/21109 Hearing at 159:22-160:13, attached as part

of Exh. E.)

-4-

Electronic Filing - Received, Clerk's Office, May 7, 2009

Fox Moraine is incorrect that Parish was a vocal critic "throughout the ... siting hearing

process" (Motion

6), because Parish did not even attend any of the siting hearings. Devin

Moose, Fox Moraine's landfill expert, twice threatened Parish with physical harm if Parish

continued to speak out against the annexation and the proposed landfill. (Tr.

5/21109

Hearing at

161:22-162:20, 166:6-18, 167:18-168:9, attached as part

of Exh. E.) After Moose threatened

Parish for the second time, which happened at the November

30, 2006 Special City Council

Meeting (one day before Fox Moraine filed its landfill application), Parish became so appalled

and disgusted by

Moose's attempted bullying tactics that Parish stopped attending public

meetings. (Tr.

5/21/09

Hearing at 170:15-18, attached as part of Exh. E.)3 If Fox Moraine

intended to silence a vocal member

of the public, it certainly succeeded.

III.

CONCLUSION

Fox Moraine's Motion is baseless. The Hearing Officer should deny it.

Dated: May 7,

2009

Respectfully submitted,

UNITED CITY OF YORKVILLE,

CITY COUNCIL

lsi

Leo P. Dombrowski

One of Its Attorneys

Anthony G. Hopp

Leo P. Dombrowski

WILDMAN, HARROLD, ALLEN

DIXON LLP

225 West Wacker Drive

Chicago, Illinois

60606

(312) 201-2000

3 Moose confirmed that Parish attended none of the landfill hearings. (Tr. 5/22/09 Hearing at 147:18-

148:2, attached as part ofExh. C.)

4 It is ironic that Fox Moraine complains of a "hostile atmosphere" at some of the public hearings when it

was Fox Moraine itself that attempted to create such an atmosphere by threatening the public.

-5-

Electronic Filing - Received, Clerk's Office, May 7, 2009

EXHIBIT A

Electronic Filing - Received, Clerk's Office, May 7, 2009

Fox Moraine Appeal PCB Written Public Comment Submittal to the

IIIi~i~~ Ax:,~D

Pollution Control Board on

4/27/09

APR 28 2009

Reference PCB

2007-146,

Fox Moraine LLC v. United City of

YorkVillep~,Tu1TE

ILLINOIS

C 1:t- J

Ion co":o. Board

Hello, my name is George Gilson and I am currently and have always been the

President of Friends of Greater Yorkville (FOGY). I wanted to point out a few

interesting things

for the record in public comment to be considered before these

proceedings come

to a close and the Pollution Control Board renders their

judgment on whether the decision of the City of Yorkville to deny this landfill

should be upheld or denied.

First, throughout these proceedings Fox Moraine's witnesses and their attorneys

continually are making an attempt to attack the efforts of Friends of Greater

Yorkville which is a non-for-profit corporation established and chartered for the

betterment

of Yorkville and the surrounding community. Along with Fox

Moraine's continual attempt to discredit the efforts put forth by Friends of

Greater Yorkville in opposition to this landfill, they also are trying try to paint a

negative portrait of the individual members of the corporation without any clue

of who the members actually are.

Friends of Greater Yorkville, or commonly referred to as the "opposition group"

by Fox Moraine, only consists of 5 members of which most if not all of the

accusations in this appeal do not apply to.

Contrary to sworn testimony under

oath by

Fox Moraine's witnesses, the officers or members of FOGY are not and

have never been Todd Milliron or Joe Plocher. Ron Parish himself, was only an

officer of FOGY for a week or two and had no involvement or knowledge of the

officers of FOGY either before or after his own involvement.

Not only do

Fox Moraine and their attorneys not know who FOGY is, but they

continually take what was a community opposition consisting of many people of

the community stepping forward and opposing this landfill application and

Electronic Filing - Received, Clerk's Office, May 7, 2009

everything that led up to it, and are trying to convince the PCB to believe that

anything said in opposition to the landfill before and during the application, was

all coming from the 5 individuals that make up the Friends of Greater Yorkville.

This cannot be farther from the truth.

FOGY's concern was that the annexation process was being undertaken in a

fundamentally unfair manner to the citizens of Yorkville, and would have

ultimately resulted in a fait accompli approval of the landfill prior to the siting

hearing.

It is ironic that Fox Moraine alleges ex parte communications by the

citizens

of Yorkville, while admitting that their representatives did the same.

FOGY, as well as other citizens of Yorkville, therefore elected to exercise their first

amendment and statutory rights

to vigorous participation in the annexation

process and the siting hearing. There is nothing in state statute, the PCB Rules, or

the case law that could be interpreted to interfere with citizen rights during the

annexation process, and the

PCB certainly would not want to attempt to create a

rule

of finding which would abridge or stifle the rights of the citizens to

participate in public hearings and to petition their elected officials. These are core

and fundamental legal rights.

I also find it alarming that Fox Moraine's attorneys want the PCB to believe that

the 39.2 process supersedes the

Constitution of the United States and our 1st

amendment rights

of freedom of speech. There were no threats of physical harm

made by anyone in FOGY and everything said in opposition to this landfill

application was our right under the Constitution of the United States for freedom

of speech. I find it equally concerning that stones are being cast at what they

inaccurately believe as the members of FOGY, but yet the real and current long

standing members of FOGY have never been depositioned, subpoenaed, and put

on the stand to testify to all of the inaccuracies testified to by the applicant and

their witnesses. Fox Moraine only wants the audience and the PCB to hear one

side

of the story, and that is the skewed after the fact version of why they were

not granted approval of their application. This version is a lot like sour grapes, and

cannot be trusted. An example of these sworn inaccuracies is Charlie Murphy's

testimony

that I threw him out of a FOGY informational meeting. I had a

Electronic Filing - Received, Clerk's Office, May 7, 2009

microphone on for that meeting he was referring to in front of a large crowd of

residents. The truth is that I invited Charlie Murphy to come up and speak at this

meeting, and

Charlie refused and left on his own accord. This can be testified to

by anyone of a large number of attendees at this public meeting.

I can go on and on about the inaccuracies and false testimony in this appeal

hearing, but it is not the burden of FOGY or the citizens to prove that this self

serving testimony by Fox Moraine's witnesses are false. The fact remains, that it is

up to Fox Moraine to prove that their testimony is true beyond a shadow of a

doubt. This

proof has not been accomplished with solid evidence to back up their

statements.

Fox Moraine does not like that the community opposed the landfill application

and stepped forward to publicly express their opposition in every way and at

every opportunity.

Fox Moraine does not like that the community and members

of FOGY petitioned their government as to their stance and beliefs about the

annexation process

and this landfill, but frankly, that is too bad. There is nothing

illegal about freedom of speech. FOGY did not under any circumstance talk to the

city council during the application about anything substantive in the application.

The current city council made their decision to deny this landfill based on the 39.2

process and

the lack of Fox Moraine to meet the criteria set forth in the process.

The PCB needs to only be concerned with one thing. Fox Moraine had ample time,

witnesses, and opportunity

to prove that they could meet all the criteria set forth

in the siting process, and unfortunately

for them, could not get that task

accomplished. Fortunately for the community, this landfill was denied based on

failure to meet the criteria in the 39.2 process, and that fact alone. Therefore, the

City of Yorkville's decision to deny this landfill should be upheld.

Thanks

for your time and careful consideration of these thoughts and comments. I

respectfully urge the Pollution Control Board to strongly consider the facts, and to

look at what Fox Moraine has truly proven with evidence over accusation in this

appeal. Please consider the rights of our first amendment of freedom of speech

and look at the siting hearings as to whether the denial was based on failure to

Electronic Filing - Received, Clerk's Office, May 7, 2009

meet the criteria in the process. After careful review, I know the record points

toward a fair, non-biased hearing

in which the City of Yorkville looked at the

criteria and based

their decision. I respectfully urge the PCB to protect the rights

of the Constitution and to avoid being sidetracked by anything other than the

record and the facts.

Please uphold the decision by the City of Yorkville to deny

the siting

of the Fox Moraine landfill. I know that the appellate court will uphold

the decision

to support the denial of this landfill siting in the future.

George Gilson

Jr.

498 Sunflower Ct.

Yorkville, IL 60560

Electronic Filing - Received, Clerk's Office, May 7, 2009

EXHIBITB

Electronic Filing - Received, Clerk's Office, May 7, 2009

Page 1

ILLINOIS POLLUTION CONTROL BOARD

FOX MORAINE,

L.L.C. ,

Petitioner,

-vs-

UNITED CITY OF

YORKVILLE,

CITY COUNCIL,

Respondent,

KENDALL

COUNTY,

Intervenor.

)

PCB 07-146

RteceUV&fO

CLERK'S OFFloe

APR

272009

STATE OF ILLINOIS

Pollution Control Board

REPORT OF PROCEEDINGS taken before Tamara

Manganiello, Registered Professional Reporter and

Notary Public, at 902 Game Farm Road, Yorkville,

Illinois, commencing at the 9:00 a.m., on the 23rd

day of April, A.D., 2009.

Electronic Filing - Received, Clerk's Office, May 7, 2009

Page 4

there's an amicus brief coming in and also a

time to file your public comment if you so

choose.

With that said, I guess we can get

started, Mr. Dombrowski, Mr. Hopp.

MR. DOMBROWSKI:

Thank you,

Mr. Hearing Officer. We would like to call

Mr. Donald Hamman.

HEARING OFFICER HALLORAN:

Good

morning, Mr. Hamman.

(Witness sworn.)

WHEREUPON:

DONALD J. HAMMAN

called as a witness herein, having been first duly

sworn, was examined and testified as follows:

DIRECT EXAMINATION

BY MR. DOMBROWSKI:

Would you state your full name,

please, sir?

Donald J. Hamman.

And.

Mr. Hamman, you are a resident

of Plano, Illinois, correct?

unincorporated Plano. We live in a

rural area.

l"'m::W'

.Wtt,~~"~~"~~~

___

,,,,~~,,,,~~~~,_~,,",~J

Electronic Filing - Received, Clerk's Office, May 7, 2009

(

Page 5

And how long have you lived there?

Ten years.

How far is Plano from Yorkville?

Approximately five miles.

Are you a lifelong resident of the

Plano/Yorkville area?

I'm approximately a 37-year resident.

What is your relationship to Fox

Moraine, L.L.C.?

I'm the manager of Fox Moraine,

L~L.C.

And you are the sole managing member;

is that correct?

Yes.

And you have an ownership interest in

Fox Moraine?

Yes.

What is that ownership interest?

We have approximately a 51 percent

interest.

That is yours, 51 percent?

And my family.

And who owns the other 49 percent?

Grote Industries.

And Grote is a waste hauler, correct?

Electronic Filing - Received, Clerk's Office, May 7, 2009

Page 14

that question, correct?

Yes.

And you said, not that

know,

correct?

That's correct.

And you took an oath on that day to

tell the truth, correct?

I did.

And nothing would have prevented you

from filing the application later than December 1st,

2006, correct?

Not that I know of.

Yet you still chose to file it on

December 1st, 2006, about four-and-a-half months

before the elections, right?

Yes.

And when you filed the application you

knew that the possible siting of a landfill in the

City of Yorkville could become a big, contentious,

controversial issue during the election campaigns,

correct?

Some cities welcome a landfill and

others don't, so ...

But you knew possibly that it --

Electronic Filing - Received, Clerk's Office, May 7, 2009

Page 15

Yes.

-- could be a controversial issue,

right?

Correct.

Mr. Hamman, you have a subscription to

the Beacon News, do you not?

Yes.

And you've had that subscription for

some time?

A number of years.

You get the paper delivered daily?

do.

And you had that subscription both in

2006

and 2007,

correct?

Yes.

And do you remember an article two

days before the before April 17th elections that

came out on

April 15th, which was a Sunday?

Yes.

And various candidates were quoted

regarding their positions on the proposed landfill,

correct?

That's correct.

And you recall reading that article on I

Electronic Filing - Received, Clerk's Office, May 7, 2009

EXHIBITC

Electronic Filing - Received, Clerk's Office, May 7, 2009

(

---\

Page 1

FOX MORAINE,

ILLINOIS

L.L.C.,

POLLUTION CONTROL BOARD

Petitioner,

vs.

UNITED CITY OF YORKVILLE, CITY

COUNCIL,

Respondent,

KENDALL COUNTY,

Intervenor.

PCB 07-146

AeCl!lVED

OLeRK'S OFFiCe

MAY 042009

STATE OF ILLINOIS

Pollution Control Board

TRANSCRIPT OF PROCEEDINGS had in the

above-entitled cause on 22nd day of April, A.D., at

9:00 a.m.

BEFORE:

BRADLEY P. HALLORAN,

Hearing Officer

Illinois Pollution Control Board

James R. Thompson Center, Suite 11-500

100 West Randolph Street

Chicago, Illinois

60601

312-814-8917

"'j.,'?-~!';.U"<.I~~'x-

'~-:;':;"""W7;;;!J

Electronic Filing - Received, Clerk's Office, May 7, 2009

Page 146

(

I don't know who owned it.

Do you remember Mr. Parrish speaking

at this meeting?

remember him interrupting at the

meeting, yes.

Do you remember Mr. Miliron speaking

at the meeting?

Vaguely.

And, Mr. Miliron, Mr. Parrish, you've

referred to these two gentlemen as part of the small

number of ignorant people who took over the town.

Is that correct?

Can you show me that transcript that

you just read from?

Sure.

Let me show you, Mr. Moose,

discovery deposition.

I will refer you to

t~e

'bottom of -- well, the bottom of Page 16 and onto

Page 17.

I don't -- I think you're

misinterpreting my testimony.

Well, I'm not misinterpreting, I'm

(

asking you a question.

Okay.

Then reask the question.

Electronic Filing - Received, Clerk's Office, May 7, 2009

(

You see at the top of Page 17 where

you refer to a small number of ignorant people who

took over the town.

Do you see that?

Yes.

That was your testimony; correct?

Yes,

do.

Who was included in your opinion in

that small number of ignorant people?

It's shown on the bottom of Page 16,

the paragraph above that, where I'm referring to.

Your question above that, preceding my answer, was,

IJOther than Miliron and Mr. Parrish, who you felt

were ill behaved.

Then I answered.

There were

yelling, applause.

your question, it excludes them.

the people that were disruptive at public hearings.

So you would not include, then,

Mr. Parrish in the small number of ignorant people

who took over the town?

would say that Mr. Parrish didn't

-22

even -- I don't even remember if Mr. Parrish

(

attended any public hearings.

I don't think he did.

I don't remember him

Electronic Filing - Received, Clerk's Office, May 7, 2009

(

attending any public hearings on the landfill

Page 148

itself.

Is that a yes to the question or no --

or a no?

Well, it certainly doesn't -- you

know, are we talking about the meetings before or

the meetings -- or the hearings?

MR. PORTER:

I'm going to object to

the relevancy. What does it matter if this

witness thinks Mr. Parrish is ignorant or

isn't ignorant?

THE HEARING OFFICER:

You know, I'll

allow it, but I would ask Mr. Moose to answer

the question.

If he wants --

BY THE WITNESS:

Can you reask the question?

BY MR. DOMBROWSKI:

Sure.

I will ask it again.

Do you include Mr. Parrish in your

small number of ignorant people who took over the

town?

No.

Do you include Mr. Miliron?

I think Mr. Miliron was excluded in my

~===-

~="=

.~~=,~~~».=~,~~."'~~~~~~<

···'=""'o_~'==~=···'=···'·

",,",=.,,.~,

.... == ... =, ...... ,.""""," i

Electronic Filing - Received, Clerk's Office, May 7, 2009

EXHIBITD

Electronic Filing - Received, Clerk's Office, May 7, 2009

fk-

~'}.

.:~?,

BEFORE THE ILLINOIS

POLLUTION CONTROL BOARD

FOX MORAINE, LLC,

Petitioner,

vs.

UNITED CITY OF YORKVILLE,

CITY COUNCIL,

Respondent.

PCB No. 07-146

Discovery deposition of VALERIE BURD, called as

a witness herein, pursuant to the applicable

provisions of the Code of Civil Procedure of the

State of Illinois and the rules of the Supreme

Court thereof, before Belinda A. Harr, CSR No.

84-003215, taken on June 18, 2008, at 1:30 p.m. at

800 Game Farm Road, Yorkville, Illinois.

LAUNIUS REPORTING SERVICE

(815) 433-1103

Electronic Filing - Received, Clerk's Office, May 7, 2009

was Wally Werderich.

He was my campaign manager.

There was Ron and Becky Parrish.

There was Dan

Nicholson.

There was Tom and Stephanie Todd and

occasionally Arden Joe Plocher.

Were you aware that Todd Milliron

was a vocal anti-landfill spokesperson?

I'm not sure that I was aware of

that when he joined my committee.

Do you remember when he joined your

committee?

He was -- as soon as I announced he

was one of the earliest ones to show up.

As I recall, in September of 2006

the City conducted a number of meetings at larger

venues, I want to say one of the grade schools or

junior high schools right near here, to -- they

were in the nature of a public hearing on the

issue of annexation.

Mr.

Milliron

Right.

Do you recall

that?

Yes, I

do.

And

I believe

at that

point

was

a very

obvious

and vocal

LAUNIUS REPORTING SERVICE

(815) 433-1103

Electronic Filing - Received, Clerk's Office, May 7, 2009

. 23

spokesperson against anything that might lead to a

landfill. Is that a fair characterization?

He spoke vehemently against the

annexation.

And was it your understanding that

his opposition to annexation was specifically

related to the likelihood that that annexation

would lead to the filing of a landfill

application?

I can't recall his exact statement

at that meeting.

Ron Parrish was also a vocal

spokesperson against annexation, correct?

Yes, he was.

Did you understand at that time that

Mr. Parrish and Mr. Milliron were opposed to a

landfill siting by the City of Yorkville?

I had not at that time had

discussions with them about it.

Did you ever gain that understanding

with regard to either of their positions?

I really didn't discuss the landfill

with them privately, no .

LAUNIUS REPORTING SERVICE

(815) 433-1103

Electronic Filing - Received, Clerk's Office, May 7, 2009

Did Mr. Parrish ever leave your

campaign committee?

Did he leave it?

Well, stop attending.

Near the end he did.

He and his

wife did.

How close to the end?

A month before.

Did Mr. Milliron ever stop attending

your campaign committee meetings?

No, he didn't.

Did Mr. Werderich ever stop

attending your campaign committee meetings?

No, he did not.

Isn't it true he resigned from FOGY

when he announced his own candidacy for an

aldermanic position?

I don't know if that was the case.

I do know that he told me personally that to stay

on my committee he couldn't be on both so he

resigned.

That's what he told me.

Did you ever tell him that he had to

make a choice between remaining a member of FOGY

LAUNIUS REPORTING SERVICE

(815) 433-1103

Electronic Filing - Received, Clerk's Office, May 7, 2009

candidate.

So you don't even know what his

position with regard to the siting of a landfill

was; is that correct?

That's correct.

He lived out on the

east side of Yorkville.

Who's Peter Newton?

Mr. Newton -- he's an attorney who

lives in Grand Reserve, and I met him while I was

walking around knocking on doors.

Did he ever express a position to

you with regard to a siting of the landfill?

No, he did not.

He was one of those

people

when I was walking around, he started to

say something.

I held up -- we were given note

cards.

I said I can't discuss this with you, and

so we never had a discussion.

So you don't know what his position

was with regard to the landfill?

I never discussed it with him.

And the same would be true with

Mr. Matesak? You don't know what his position

was?

LAUNIUS REPORTING SERVICE

(815) 433-1103

Electronic Filing - Received, Clerk's Office, May 7, 2009

conversations with either one of them?

No.

And I'm correct that you never

discussed the landfill application with any

members of your campaign committee; is that right?

Landfill application? I can't

recall.

We might have discussed the siting

ordinance.

I can't recall.

The siting ordinance you said?

Yes.

Other than the siting ordinance did

you ever discuss with your campaign committee the

landfill siting application or the evidence at the

public hearing?

No, absolutely not.

That's with no member of your

committee?

No.

Did you ever discuss that with any

member of the public?

Not that I can recall.

You were recently quoted -- and I'm

sorry, I don't have the article -- as talking

LAUNIUS REPORTING SERVICE

(815) 433-1103

Electronic Filing - Received, Clerk's Office, May 7, 2009

101

e-mail address and any e-mails that I got at all

that said anything in the .landfill I didn't read

them.

So I just e-mailed people back I'm sorry I

can't talk about this. So one way or the other I

just didn't pay attention to them.

Approximately how many anti-landfill

e-mails would you have received in that period

from September I, '06, to May 31st of '07?

I wouldn't know because I didn't

read them.

I just told people if you

whatever

your feelings are on this, either way, I can't

discuss it, I'm sorry.

Well, approximately how many

responses in the nature of I'm sorry I can't read

this and discuss it would you have sent out to

people?

I don't recall. I -- everything

that I did I packaged up and gave it to the

attorneys so I --

Did you print out all of the e-mails

that you had received

Yes.

-- and gave them or had you deleted

LAUNIUS REPORTING SERVICE

(SIS) 433-1103

Electronic Filing - Received, Clerk's Office, May 7, 2009

EXHIBITE

Electronic Filing - Received, Clerk's Office, May 7, 2009

(

Page 1

ILLINOIS POLLUTION CONTROL BOARD

April 21, 2009

FOX MORAINE, L.L.C.,

Petitioner,

UNITED CITY OF YORKVILLE,

CITY COUNCIL,

Respondent,

KENDALL COUNTY,

Intervenor.

)

RECEIVED

CLERK'S OFFICE

MAY 0 1 2009

STATE OF

ILLINOIS

Pollution Control

Board

PCB 07-146

(Pollution

Control Facility

Siting Appeal)

above-entitled cause before Bradley P. Halloran,

Hearing Officer, taken before Rebecca A. Graziano,

Certified Shorthand Reporter within and for the

County of Cook and State of Illinois, at the United

City of Yorkville Public Library, Yorkville,

21st day of April, A.D., 2009.

Electronic Filing - Received, Clerk's Office, May 7, 2009

Page 159

landfill -- no landfill signs?

No, I did not.

I do not travel any of

those roads.

I travel 71. 71 is county. My wifels

business is in the county. We drive straight down

71, and lIve seen many landfill signs. There is no

political signs.

You donated close to a couple thousand

dollars to the Burd campaign. Is that right?

If you count the plane tickets and

everything, yes.

Are you aware that your donations to

the Burd campaign are not reflected in any public

disclosure?

MR. DOMBROWSKI:

Objection.

Foundation.

How would he know?

MR. PORTER:

asked if he was aware.

MR. HALLORAN:

If he can answer, he

may.

Overruled.

BY MR. PORTER:

You can answer if you know.

You do know that FO&Y was formed to

oppose the landfill. Is that correct?

FOGY was -- one of the first meetings

Electronic Filing - Received, Clerk's Office, May 7, 2009

(

Page 160

I was at, it was set up to oppose the annexation and

several other things that was happening.

I know you

keep bringing this back to the landfill, but I was

against the water tower, I was against the

commercial property that was going to be on 71, I

was against the houses that were going to be built

in the corridor, and I was also against the pond

that was going to be built next to my house because

I have a grandson.

Now, you can narrate that down to

landfill, but it's not just landfill, because

landfill was the last of it. We were talking about

the others a long time before.

Well, isn't it true that you

radical tactics that were being employed?

It wasn't radical tactics.

It was --

the people had disagreements, and I just don't like

going into the agreements.

It wasn't radical

tactics.

MR .. PORTER:

Okay.

I have nothing

further.

MR. HALLORAN:

Thank you, Mr. Porter.

Mr. Dombrowski?

Electronic Filing - Received, Clerk's Office, May 7, 2009

Page 161

(

C R 0 S S - E X A MIN A T ION

BY MR. DOMBROWSKI:

Mr. Parish, how long were you an

officer of FOGY?

A couple weeks, I guess.

Maybe three

weeks.

Did you volunteer to be an officer of

FOGY?

I had no objections to it. I was

called -- they called my wife at home, and asked if

I would, and I think my wife said yes, and I went

over there, yes.

And all you attended was one meeting

of FOGY, correct?

I attended two meetings with FOGY.

Now, when you say -- two of their official meetings

is what I attended, yes.

Okay.

I don't know whether they were even

official meetings, because I don't know when they

became FOGY.

Did you attend any informational

(

meetings put on by Fox Moraine?

Yes,

I did.

Electronic Filing - Received, Clerk's Office, May 7, 2009

Page 162

(

How many did you attend?

Three. Well, you know, I don't know

who put them on, so I don't want to make a bad

statement. Two of them they put on, I know, at the

Beacher Center, and then the one that was held at

the high school, I don't know who put it on.

The two that were held at the Beacher

Center, when were those?

I do not recollect the dates. I'm

sure you all have them.

They were somewhere

really don't know the dates. I'm 66 years old. I

.~.

don't know what I had for breakfast two days ago.

And what happened at those meetings?

to talk about what was good or bad and what they

were saying, and then the second meeting I was told

that I should shut up or I could get hurt.

somebody tells me that, I pretty much -- that's it

for me.

left. I don't know what happened after

that.

All right. Let's back up a little.

The purpose of thesa meetings -- well, first off,

who appeared on behalf of Fox Moraine at these two

informational meetings?

Electronic Filing - Received, Clerk's Office, May 7, 2009

(

Page 166

MR. DOMBROWSKI:

He was one of the

main landfill engineers for Fox Moraine.

MR. HALLORAN:

Objection overruled.

You can continue, but

BY MR. DOMBROWSKI:

What did Mr. Moose say to you, sir?

Well, it was just the second meeting.

First of all -- and I want to say this because

Charlie was very nice to me in the meeting -- but

Mr. Moose, in the second meeting we went into, he

came over and told me -- when I first walked in, he

said, "You're not going to say anything." He said,

"You can get hurt if you say anything. Just listen

to what I'm telling you," and I went down to the

front, and something was said. I stood up to make a

statement, and he said he was not going to let me

talk, and I got mad, and I left, and I don't know

what was said after that.

Now, where was Mr. Moose when he made

this statement?

Standing at the front door of the

building.

Were other people around?

At that time, no, just myself and

Electronic Filing - Received, Clerk's Office, May 7, 2009

(

Page 167

Mr. Moose and the young gentlemen may have been

there.

MR. PORTER:

Again, I move that the

entire testimony be stricken and then removed from

the record. It did not do at all what counsel said.

It was a private conversation between these two and

nobody else was around.

MR. DOMBROWSKI:

Well, it's a

statement by someone acting on behalf of Fox

Moraine, attempting to influence the process and

attempting to silence people who are speaking out

proper avenue of questioning.

MR. HALLORAN:

Well, it's relevant to

a point if you can wrap it up, Mr. Dombrowski.

Objection overruled.

BY MR. DOMBROWSKI:

So he threatened -- he essentially

threatened you with harm if you continued to speak?

Yes.

And the other meeting that you

mentioned at the high school, you attended that as

well?

Yes, I did.

Electronic Filing - Received, Clerk's Office, May 7, 2009

(

that meeting?

Page 168

Did Mr. Moose speak to you at all at

He spoke to me when I was leaving.

spoke to me in front of Dave Runtle (phonetic), who

is a member of the Harvest Church, and he had come

over to me and said I was a radical and wouldn't

live very long with my comments, and then he

screamed radical right when I was walking out. You

can have 100 people that can qualify for that.

Let me ask you one other thing,

Mr. Parish.

You know, and I should have

and I

got to go back. It was kind of childish on the

whole thing. Really, a person should listen to a

person. And I don't know

Devin Moose is the only

person that conducted himself that way.

Let me ask you one other thing about

Mr. Moose.

In this appeal, he has accused you of

calling him a child molester.

Have you ever called

Mr. Moose a child molester?

No,

I have not called him a child

molester.

Anything that you said in one of these

meetings that Mr. Moose may have construed in that

~~~==~=~~lr~>,.u.:;~/;i=Z':':~":'~::;~'?~!£~""~;''''·-·-'''I~'::''J.:.;·-··.''''~~'';;':~='=:"~'~"';":"'o:I..(~u.:.....'~.:.o:-':':':"",-w=.I~<';;;::;=~

Electronic Filing - Received, Clerk's Office, May 7, 2009

(

Page 170

church had come to my house, and it embarrassed me

that he would think I was going to be attacked

because of what I had said. I wrote a letter to the

paper and said that because I wanted Yorkville to

get along, I wanted to see that every phase of

Yorkville was in an order to help the town grow, not

to cause arguments or discontent, and that I was not

going to have anything else to do with it, and that

was it, and that was what was in the letter. I

showed the letter to Mr. Don Hammond and I showed it

to Charlie Murphy in a restaurant the day before I

turned it into a newspaper.

Did the newspaper publish that?

Yes, they did.

So after this last meeting where

Mr. Moose threatened you with physical harm, did you

attend anymore meetings?

I never attended another meeting.

Thank you, Mr. Parish.

MR. DOMBROWSKI:

I have nothing

further.

MR. PORTER:

I have one followup.

RED IRE C T

E X A MIN A T ION

BY MR. PORTER:

Electronic Filing - Received, Clerk's Office, May 7, 2009

(

Page 178

MR. HALLORAN: But it's not, I guess,

the ultimate issue. So I'm going to allow the

question. The mayor may answer if she's able.

Objection overruled.

THE WITNESS:

Could you restate it,

please?

BY MR. MUELLER:

Did you know at the time that you

voted on the annexation, the host agreement, and the

annexation agreement -- you voted no on all of

them -- that those matters were necessary in order

for Fox Moraine to be able to file a siting

application?

They were necessary in order for them

to file a siting application, no.

In order for them to get a landfill.

How's that?

In order for them to get a landfill

they were necessary.

No, I did not know that.

You didn't know there was any

connection between the annexation and the landfill?

Actually, we were told over and over

Electronic Filing - Received, Clerk's Office, May 7, 2009

Page 179

(

the law. So that's the way I looked at it.

Well, you, in fact, met with

Mr. Murphy before the September 26th meeting where

he told you that Fox Moraine intended to annex his

property into the city of Yorkville so they could

file a landfill siting application with the city,

didn't you?

I don't recall that. I recall meeting

with him. I don't recall his specific words to me.

And you remember on January 23rd,

2007, at the reannexation hearing and meeting,

'-.,

passing out information that you had gathered to

other council members as to why Fox Moraine had

breached the annexation agreement?

NO, I don't remember that.

Let me show you the transcript of that

meeting and perhaps it will refresh your

recollection.

MR. HOPP:

Which exhibit is it,

George?

MR. MUELLER:

I believe is number nine.

(

BY MR. MUELLER:

If I may, if I can direct your

Electronic Filing - Received, Clerk's Office, May 7, 2009

(

Page 182

but those were probably the core people that came

over every week.

Were you aware that Todd Milliron was

a landfill opponent?

Was I aware of it, no.

Were you aware that Ronald Parish, who

just testified, was a landfill opponent?

No.

He was described, in fact, by

Mr. Dombrowski not ten minutes ago as speaking out

against the landfill at the meeting at the high

school, which was a city sponsored meeting. That

didn't cause you to' become aware that he was a

landfill opponent?

I don't recall when he said what. So

no, we didn't -- like I said, we never discussed it

personally.

You never listened to what he had to

say at meetings?

I did listen to him, you know, during

the meetings when he spoke out against annexation,

but I -- I did not discuss it with him pcirsonally.

You never heard him speak out against

the landfill?

Electronic Filing - Received, Clerk's Office, May 7, 2009

Page 183

(

I donlt recall.

And you also never heard Todd Milliron

speak out against the landfill at any city council

meetings?

1 donlt recall who said what when.

Well, at any meeting did you ever hear

Todd Milliron speak out against the landfill?

1 heard him speak out very

passionately about issues, but if it was about the

annexation, if it was about Sleepy Hollow Road, at

this time

canlt tell you exactly what he said.

(

My question is: Did you ever hear

Todd Milliron, at any city council meeting, speak

out against the landfill?

1 donlt recall.

MR. HOPP:

Objection.

Asked and

answered.

MR. MUELLER:

Shels answered.

MR. HALLORAN:

Overruled.

BY MR. MUELLER:

And you never became aware that he was

against the landfill?

We never discussed it.

11m asking you if you ever became

Electronic Filing - Received, Clerk's Office, May 7, 2009

Page 223

(

Heather Gillers on May 19th, 2007, with the

headline, "Yorkville Ex Mayor Flips on Landfill?"

I remember that headline, yes.

You were quoted in the article a

number of times, so I just wonder if you'd read it.

People tend to usually read stuff that they're

quoted in, right?

There's so many articles, though. I

remember the headline, though, so I probably read

it.

Ms. Gillers, in one paragraph, refers

(

to you as, "Burd, who has long criticized the

landfill plan." Is that an accurate

characterization by her?

No, and I've been concerned about that

kind of

as Alderman Spears said, the newspapers

tend to lump things

they're looking for a quick

description instead of really going into the issue.

Did you call Ms. Gillers and ask her

for a retraction of that characterization?

That specific one, probably not.

Now,

on May 23rd, the city council met

to deliberate on the landfill application, correct?

Electronic Filing - Received, Clerk's Office, May 7, 2009

(

Page 247

said Fox Moraine has not paid some invoices. Do you

remember that testimony?

Yes.

Is it accurate that Fox Moraine hasn't

paid any invoices for any work on the siting

application after the day you were elected?

Yes, that's correct.

And that's what you're currently suing

for?

Yes.

All right.

Now, you did campaign for

mayor in 2007. Is that right?

Yes.

And during the siting application and

during your campaign, were you actually given a card

by Dirk Price, similar to or identical to the one

that Rose Spears read into the record?

I was given a card, yes.

Was

it the same card?

Yes.

Containing the same statements?

Yes.

Did you run on an anti-landfill

campaign platform?

Electronic Filing - Received, Clerk's Office, May 7, 2009

Page 248

No, I did not.

Did you ever put your yard signs next

to any anti-landfill signs?

No.

Did you discuss the landfill at all

during the campaign in any of your campaign

appearances?

No, I did not.

In fact, if somebody

tried to broach that subject, I always said, "I

can't discuss that, I'm sorry,

and some of them got

angry.

Fair enough. Let's talk about -- a

little bit about Rose Spears and the issue of

research.

Are you aware of Rose Spears ever doing

any research outside the record as it was presented

at the landfill siting hearings?

No,

I'm not.

•

Mr. Mueller used the term disruptive a

couple of times to talk about some of the landfill

hearings. Do you remember that?

Yes.

Do you -- let's back up a little.

You've been mayor now for two years?

Mm-hmm.

;

-0 'W"W", 'S""7 c_ '. , .,- -. ",,, .JI

Electronic Filing - Received, Clerk's Office, May 7, 2009

EXHIBITF

Electronic Filing - Received, Clerk's Office, May 7, 2009

-~,I

4l.

BEFORE THE

ILLINOIS POLLUTION CONTROL BOARD

FOX MORAINE, LLC,

Petitioner,

vs.

No. PCB 07-146

UNITED CITY OF YORKVILLE,

CITY COUNCIL,

Respondent.

DISCOVERY DEPOSITION OF

RONALD PARRISH

January 15, 2009

2:07 P.M.

Called as a witness by the Petitioner

herein, pursuant to the provisions of the Code of

Civil Procedure of the State of Illinois and the

Rules of the Supreme Court thereof pertaining to the

taking of depositions for the purpose of discovery,

before CHRISTINA M. CULOTTA, C.S.R., License

#084-003299, qualified and commissioned for the

State of Illinois, taken at 200 Hillcrest Avenue,

Yorkville, Illinois.

Christina M. Culotta, CSR

(815) 258-3909

Electronic Filing - Received, Clerk's Office, May 7, 2009

1 two, three baths; two-car garage homes; brick homes.

Okay.

They're rentals.

And then there was one other that you

5 mentioned?

That's a guest house to my house.

And all of these properties, are they in

8 Illinois or are they nationwide?

No.

They are in Texas and Illinois.

Okay.

Other than what you have just

discussed over the past decade, have you had any

other means of income or employ?

No.

Not really.

NOw, my understanding is at some point you

15 were on the Board of Directors of an organization

called FOGY or FOGGY?

Is that information correct?

Yes.

And

I mean, that's the only way I can answer

20 that.

And FOGY is spelled F-O-G-Y and I

understand it to be an acronym for something.

What is it an acronym for?

You know, let me go back before we start

Christina

Culotta, CSR

(815) 258-3909

Electronic Filing - Received, Clerk's Office, May 7, 2009

1 this.

I have no idea what it's an acronym fori but

2 the reason I have no idea what it's an acronym for,

I was put on the Board for FOGY one day.

4 traveling back, I went down to the basement and they

5 were having a meeting.

I can't remember whether it

was the first night or the second night.

So if

7 lie, I am lying, but I think it was the second night

I went there I was informed I was the treasurer and

9 what they were going to do and this and that and I

walked out and resigned.

So --

MR. MURPHY:

It's your checkbook.

You were the

12 treasurer.

THE WITNESS:

So, so that was, I mean, you

know, that's the reason you ask me was I, I guess I

was.

Because that's what they said and they told me

16 I had to give them a written resignation that I was

17 resigning and I said it's tough to understand why I

have to do this, but I can do it.

So I wrote a

19 resignation.

BY MR. PORTER:

Okay. A lot of information in that little

22 soliloquy there that I am going to parse through.

You mentioned it may have been the

first or second meeting?

Christina M. Culotta, CSR

(815) 258-3909

Electronic Filing - Received, Clerk's Office, May 7, 2009

Uh-huh.

I assume you mean the first or second

3 meeting of the organization FOGY; is that right?

It wasn't an organization.

It was just

5 several people to start with when I first went

6 there--

Okay.

-- and I didn't know any of them.

And approximately when was it that you

10 first went there?

Do not have a clue.

It had -- when, when

12 was the first time the land -- oh, it wasn't the

13 landfill. It was the annexation. Because the

annexation was what I was upset over.

I am aware that there was a hearing

16 concerning potential annexation on September 25 of

2006.

was there.

If that helps your recollection as --

I was there.

Yes.

-- as to when your first involvement with

that organization of FOGY may have occurred.

Does that help you at all?

The dates

don't have any idea of.

Christina

Culotta, CSR

(815) 258-3909

Electronic Filing - Received, Clerk's Office, May 7, 2009

whatever that was.

It was a Council meeting, or

2 whatever.

This gentleman was talking and then the

other lawyer was talking.

I don't know whether you

4 talked or not.

Okay.

At the time of that meeting, you

6 were involved with and a member of this organization

that carne to be known as F-O-G-Y; is that right?

I wasn't involved with them, but I talked

with them.

Okay.

And do you know if that

11 organization had been established via the State of

12 Illinois at that time?

I do not know.

And at some point, you indicate that you

15 resigned from that group.

When did that

occ~r?

That occurred the second time that I was

with them.

I walked out, I walked out of the

19 meeting.

Okay.

Now, September 25 and September 26

21 there were meetings about annexation.

Uh-huh.

The September 25th meeting took awhile and

there were quite a few comments from yourself

Christina

Culotta, CSR

(815) 258-3909

Electronic Filing - Received, Clerk's Office, May 7, 2009

1 out, up the stairs and, and left.

At that second meeting, I mean, something

3 occurred that made you resign at that meeting?

Yeah.

I guess so.

And what was it?

It was a character assassination, and I

didn't know either one of the individuals that well,

but I just don't, I don't practice that.

I am a

9 Christian and that's not, not my, my style.

Okay.

What was said?

Oh, one of the individuals said that --

12 you know, it's, it really doesn't have anything to

do with this.

It has nothing to do with FOGY.

14 was a, a character assassination about a person and

15 there is no, there is no sense of me getting into

16 that because it's not

I guess I am going to push the issue

18 because these are the relevant witnesses to a rather

19 important matter as far as my client is concerned;

20 and hopefully you are correct that it was a mere

character assassination, but I don't know.

I would

like to hear what accusations were made against some

23 of the primary individuals that were objectors at

24 this--

Christina

Culotta, CSR

(815) 258-3909

Electronic Filing - Received, Clerk's Office, May 7, 2009

Okay.

And Gilmore took issue with how

2 Milliron keeps his property up?

How Milliron keeps his property .and that,

4 and how he talked, and several other things.

5 mean, it was just, you know, I didn't record the

6 conversation, but it was just down the line talking

7 about what he didn't like about Todd Milliron.

Okay.

And that in and of itself was what

9 you didn't like about Mr. Gilmore?

Right.

Now, did you inform them on that date that

you were resigning?

Yes.

I did.

You mentioned that there would have to be

15 something that you would sign to formally resign

16 from the Directors?

Carol, Tom's wife, called me on the phone

18 and said I would have to

I don't want to recall

the wrong name.

It could have been Carol, Tom's

20 wife; or it could have been Gilson's mother, because

I think she come on the Board after that and took

that position. She was quoting all kinds of law

terms, which as far as I was concerned was wrong,

24 but she said that they had to have a letter of

Christina M. Culotta, CSR

(815) 258-3909

Electronic Filing - Received, Clerk's Office, May 7, 2009

resignation.

I said, hey, you need a letter of

resignation, it's no problem with me.

I will get

you one.

So I signed one.

Did you ever sign anything saying that you

were, you were a Board of Director?

No.

Okay.

And do you Ihave a copy of this

letter of resignation?

No.

I don't.

She wrote it and I signed

10 it.

All right.

But that did not occur at the

second meeting?

That was sometime later?

Probably two or three weeks later.

All right.

In those two meetings that you

attended at FOGY, they were both at Mr. Gilmore's

house?

Uh-huh.

Okay.

What strategies did FOGY discuss

19 that it intended to employ to oppose a landfill

20 application?

There was never any strategies discussed.

22 It was inner fighting.

Was there discussion about contacting City

Council members?

Christina

Culotta, CSR

(815) 258-3909

Electronic Filing - Received, Clerk's Office, May 7, 2009

EXHIBITG

Electronic Filing - Received, Clerk's Office, May 7, 2009

CITY COUNCIL MEETING

UNITED CITY OF YORKVILLE, ILLINOIS

REPORT OF PROCEEDINGS had at the meeting

of the above-entitled matter taken before

CHRISTINE M. VITOSH, C.S.R., on September 26,

2006, at the hour of 7:00 p.m., at 800 Game Farm

Road in the City of Yorkville, Illinois.

0-805106

DEPO.COURT

reporting service

1212 South Naper Boulevard • Suite 119-185 • Naperville, IL 60540 • 630-983-0030 • Fax 630-299-5153

www.depocourt.com

Electronic Filing - Received, Clerk's Office, May 7, 2009

particular piece of property?

(No Response)

MAYOR PROCHASKA:

Is there anything

Council would like to say anything on this

particular parcel of property?

MR. BEseo:

I would just like to

reiterate that we are dealing with an annexation

and zoning of property, and that is what's facing

us.

This is what we are voting on.

We're not voting on a landfill. That -- If

something does come -- somebody files a petition

to put a landfill in, then we will address that

topic, but until then, we are dealing with the

annexation and zoning of these properties, and

that's what we're judging it on.

MR. MUNNS:

I would like your

address, ma'am.

I would like to stand in your

driveway and take a look. You offered.

MS. WHITE:

Right.

MR. MUNNS:

I wrote it down, I want

to make sure it's right. Was it 8714?

MS. WHITE:

8417 West.

MR. MUNNS:

8417.

Thank you.

Depo Court Reporting SeN;ce (630) 983-0030

Electronic Filing - Received, Clerk's Office, May 7, 2009

SPECIAL CITY COUNCIL MEETING

UNITED CITY OF YORKVILLE, ILLINOIS

REPORT OF PROCEEDINGS had at the

7 meeting of the above-entitled matter on October 10,

8 2006 at the hour of 7:00 p.m. at 800 Game Farm road

9 in the City of Yorkville, Illinois.

TRANSCRIBED BY:

Christina M. Culotta, CSR

(815) 258-3909

Electronic Filing - Received, Clerk's Office, May 7, 2009

1 stated over and over again it had nothing to do with

2 the landfill, but in the annexation agreement

3 between the City of Yorkville, as well as Northstar

4 Properties, it's stated that the owner contemplates

5 the establishment of a landfill on the subject

6 property and, therefore, the City agrees to adopt

7 and keep in effect a host city agreement for the

8 subject property.

I just don't understand how you guys

10 can say that it's not about the landfill when the

11 annexation was passed and in the annexation

12 agreement it talks about the landfill. I would just

13 like to hear your comments on that.

MAYOR PROCHASKA:

Well, is there anybody else

15 in the Council?

ALDERMAN BOCK:

Well, I, I would like to

17 address it. It addresses it with the possibility

18 that it would happen. It doesn't say there is one

19 going to happen.

So, you know, in, with, in the

20 spirit of prudence, you put it in there in

21 anticipation, anticipating whatever could happen to

22 that.

We are not here trying to snow you

24 that it's not going to be a landfill. We don't know

Christina M. Culotta, CSR

(815) 258-3909

Electronic Filing - Received, Clerk's Office, May 7, 2009

yet, but that's why it's in there. Okay. There is

2 a, when the, if and when a landfill is ever proposed

3 for that site, there is going to be months of time

4 for anyone interested to talk, write, cross-examine,

5 whatever.

So you will

have ample

time

express

6 your concerns and none of us up here

have decided

one, one way or another how that

going

to work

8 out.

feel free

come again and express

your

9 concerns. We will be glad to hear them again.

MR. MEZGER:

One thing I would just like to say

11 too.

Sundial Homes does have almost $2 million

12 invested in property right by the landfill. I would

13 just like to state my objection again and just

14 please, you know, I think it gives you guys a chance

15 to right a wrong tonight by not voting the, the

16 vacation of Sleepy Hollow Road.

Thank you.

MAYOR PROCHASKA:

Thank you.

Anyone else?

19 Yes, sir.

MR. MATHRE:

My name is Bradley Mathre, 13889

21 Hughes Road, Newark, and I am, I appreciate the

22 opportunity to talk to you folks.

I am the Highway

23 Commissioner for Fox Township Road District.

Sleepy

24 Hollow Road is, was in the Fox Township Road

Christina

Culotta, CSR

(815) 258-3909

Electronic Filing - Received, Clerk's Office, May 7, 2009

SPECIAL CITY COUNCIL MEETING

UNITED CITY OF YORKVILLE, ILLINOIS

REPORT OF PROCEEDINGS had at the

7 meeting of the above-entitled matter on October 24,

8 2006 at the hour of 7:00

p.m.

at 800 Game Farm Road

9 in the City of Yorkville, Illinois.

TRANSCRIBED BY:

Christina

Culotta, CSR

Christina

Culotta, CSR

(815) 258-3909

Electronic Filing - Received, Clerk's Office, May 7, 2009

1 is going

to be a

new deck.

ALDERMAN WOLFER:

That's fine.

MAYOR

PROCHASKA:

That's

your

option.

ALDERMAN WOLFER:

I would like to answer.

MAYOR PROCHASKA:

Yes.

ALDERMAN WOLFER:

Would

you like

to hear my

7 comments or not?

MR. PARRISH:

I would like to hear them.

ALDERMAN WOLFER:

Apparently not.

MR. PARRISH:

I will listen for him.

MR. KALIZINSKI:

I can hear them fine just as

12 well

as up there.

MR.

PARRISH:

I will listen

for him.

ALDERMAN WOLFER:

Number

one, nobody has voted

15 for a landfill

or against one yet. So exactly what

16 Paul had said,

did

this to take control.

ALDERMAN SPEARS:

Excuse me.

Can you speak up?

18 I can't hear you.

ALDERMAN WOLFER:

How loud do you want it to

20 be?

AUDIENCE MEMBER:

We can't hear any of you.

ALDERMAN MUNNS:

Is your mike on?

Is that

23 green light on?

ALDERMAN WOLFER:

Yeah, the mike's on.

Can you

Christina M. Culotta, CSR

(815) 258-3909

Electronic Filing - Received, Clerk's Office, May 7, 2009

85 .

1 hear me?

ALDERMAN MUNNS:

Now it's good.

ALDERMAN WOLFER:

Want me to swallow it?

ALDERMAN MUNNS:

You have to get closer.

ALDERMAN WOLFER:

I voted to take control so I

6 could be part of the process. Now, as far as the

7 host agreement, we do have a chance coming up to put

8 controls on if and when it is applied for. There is

9 a process for that.

I have gone out to look at landfills.

11 As a matter of fact, I have an appointment to look

12 at one right now that didn't work and I am meeting

13 with the aldermen from that city to find out why so

14 that when we put requirements on this, I will know,

15 or at least have an idea of what to expect and what

16 to put the conditions on.

At this point, we haven't had that

18 chance yet. We can do nothing until we can take

19 control of it. Otherwise, it's out in the County

20 and it mayor may not be there if they apply through

21 the County. At that point, the County would have

22 control on it and we would have no say.

MAYOR PROCHASKA:

Okay.

Thank you.

Is that

24 it?

Christina M. Culotta, CSR

(815) 258-3909

Electronic Filing - Received, Clerk's Office, May 7, 2009

EXHIBITH

Electronic Filing - Received, Clerk's Office, May 7, 2009

CITY COUNCIL MEETING

UNITED CITY

OF YORKVILLE, ILLINOIS

REPORT OF PROCEEDINGS had at the meeting

of the above-entitled matter taken before

CHRISTINE M. VITOSH, C.S.R., on September 26,

2006, at the hour of 7:00 p.m., at 800 Game Farm

Road in the City of Yorkville, Illinois.

0-805106

~1L

DEPO.COURT

reporting service

1212

South Naper Boulevard. Suite

119-185 •

Naperville,

Il60540 • 630-983-0030 • Fax 630-299-5153

www.depocourt.com

Electronic Filing - Received, Clerk's Office, May 7, 2009

MS. MILSCHEWSKI:

Spears.

MS. SPEARS:

Aye.

MS. MILSCHEWSKI:

Burd.

MS. BURD:

Aye.

MS. MILSCHEWSKI:

Munns.

MR. MUNNS:

Aye.

156

MAYOR PROCHASKA:

Motion is carried.

We are now in public hearing.

Mr. Philipchuck?

MR. PHILIPCHUCK:

For the record, my

name is John Philipchuck.

I am an attorney with

offices at 123 Water Street, Naperville,

Illinois, here this evening representing North

Star Trust Company, Trust Number 06-9993.

As was pointed out in the

reading by the Mayor, the property consists of

approximately 760 acres. It lies immediately to

the west of the Schanze property that -- the

prior property that you just had a hearing on.

It has a frontage of approximately two miles

along Route 71, and the property runs from

Route 71 on the north to Walker Road on the

south.

The applicant is requesting

that you enter into an annexation agreement for

Depo Court Reporting Service (630)

983~0030

Electronic Filing - Received, Clerk's Office, May 7, 2009

157

the property, that it be left in the A-I Ag

District upon annexation with the City.

It currently has A-I zoning in

the County, and we would be annexing it with A-l

in the City.

This particular parcel is

slated at the Prairie Parkway interchange and

interchange on Route 71, would encompass this

property.

We see a variety of future uses

for the land, but right now we don't have a

potential use and so we want to continue the

operation that Mr. Hamann has operated on this

land for a number of years.

It is not a compost site. It

is a lawn waste recycling where leaves, grass,

sticks, and sometimes plastic, because people

canlt follow rules and it ends up in the brown

bags and ends up on the land, and they have crews

out there that have to pick it up.

Itls not the fault of

Mr. Hamann; itls the fault of us as citizens

because we seem to have some in our midst that

can't follow the rules. But be that as it may,

Depo Court Reporting Service (630) 983-0030

Electronic Filing - Received, Clerk's Office, May 7, 2009