CLERK’S

CFFICE

JUN

022009

-1

STATE

OF

ILUNO

June 1, 2009

Q,*’

I

PoIIuon

(ontroI

Boirri

Public

Comment

Illinois

Pollution

Control Board, Case # PCB

2007-146

Fox

Moraine

LLC

v. United City

of

Yorkville

Fox

Moraine complains that audience

members

disrupted

the hearings. I attended most

sessions and saw no such

behavior. A

quick

review

of the

transcript

shows that the

hearing officer

maintained

control at

all

times.

Fox

Moraine laments that the City

Council

did not adequately consider the findings of the

City’s hired

attorney,

Mr. Price. In fact, he revealed his

opinion

in his

opening statement

— the

first day of the hearing,

before any testimony was presented — when he said it was a

good

application that would

probably

be

approved with

only

a

couple of conditions. His

written report merely

elaborated on this predetermined conclusion. The

City Council

had

sufficient time — the

entire

hearing

— to evaluate his recommendation.

After having had the

benefit of

a

rushed-through annexation and a favorable host

agreement, it is ironic that Fox

Moraine now chooses to portray itself as

a

victim of

unfair treatment.

To the contrary, the application had a

fair hearing and was rejected

because

it did not meet the

required criteria.

Please uphold the

City’s decision.

[)1

Allan

R. Evans

1821 Aster Drive

Yorkville, IL 60560