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City Council Minutes 2007 06-26-07 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE. ]KENDALL COUNTY. ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS. 800 GAME FARM ROAD ON TUESDAY. JUNE 26.2007. Mayor Burd called the meeting to order at 7:02 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I Leslie Absent Werderich Absent Ward II Golinski Present Plocher Present Ward III Munn Absent Sutcliff Present Ward IV Besco Absent Spears Present Also present: City Clerk Milschewski, City Treasurer Powell, Interim City Attorney Roth, Interim City Administrator Olson, Finance Director Mika, Director of Public Works Dhuse, Police Lieutenant Hart, Director of Park & Recreation Mogle, Community Development Director Miller, City Engineer Wywrot, Building Inspector Dettmer and Public Relations Officer Spies. OUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Burd asked the staff and guests to introduce themselves. She welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA Mayor Burd entertained a motion to remove Item #7 - Fox Hill Unit 7 - Letter of Credit Reduction #3 (PW 2007 -91) from the Consent Agenda per the developers request. So moved by Alderman Gohnski; seconded by Alderman Spears. Motion approved by a viva voce vote. COMMITTEE MEETING DATES Public Works Committee Committee of the Whole . 7:00 P.M., Tuesday, July 17, 2007 City of Yorkville Conference Room Economic Development Committee Committee of the Whole 7:00 P.M., Tuesday, July 17, 2007 City of Yorkville Conference Room Administration Committee Committee of the Whole 7:00 P.M., Tuesday, July 3, 2007 City of Yorkville Conference Room Public Safety Committee Committee of the Whole 7:00 P.M., Tuesday, July 3, 2007 City of Yorkville Conference Room PRESENTATIONS None. PUBLIC HEARINGS None. CITIZEN COMMENTS Diane Pobol, 9225 Lisbon Road, voiced a complaint against the Hammon compost operation. She stated that Mr. Hammon is not properly plowing the yard waste under. She noted that the compost is not clean; it contains paper and plastic products. She also commented that when there is work being done in the fields dust rolls over her property. She submitted pictures of the fields (see attached) and asked the City Council to make Mr. Hammon comply with standards. The Minutes of the Regular Meeting of the Citv Council — June 26, 2007 — naee 2 Todd Milliron, 61 Cotswold Drive, gave a speech regarding Mr. Hammon's yard waste operation. He distributed copies of the speech, state statute 415 ILCS 5 /Section 21 and photos of the fields (see attached). Joanne Gilbert, 8730 E. Highpoint Road, commented to the Council that Mr. Hammon is using a chisel plow rather than a disc plow to turn over his fields which should be done every couple of years. She noted that the compost operation stinks. �- Carlo Colosimo, 216 Elizabeth Street, noted to the Council that there was no Ward I representative at the meeting tonight. He also commented that he was opposed to a bank moratorium because this is a free - market economy and numerous banks were best for consumers. He also commented that while banks don't contribute to the tax base, they usually are the best looking building in a strip mall. They take pride in their facilities which helps to keep property values up. Fred DuSell disagreed with Mr. Colosimo and stated he would like to see tax producing properties in the City because his taxes went up 20% last year. CONSENT AGENDA 1. Ordinance 2007 -46 — Approving Minor Change to Yorkville Market Square Planned Unit Development Agreement - authorize the Mayor and City Clerk to execute (EDC 2007 -22) 2. Raymond Storm Sewer Outfall - Change Order #4 authorize increase in an amount not to exceed $2,055.95 and authorize Mayor to execute (PW 2007 -85) 3. In -Town Road Program (Phase 2 Utilities) - Change Order #I - authorize increase in an amount not to exceed $37,122.73 and authorize the Mayor and City Clerk to execute (PW 2007 -86) 4. Kendall Marketplace — IDOT Letter of Understanding for Route 34 Improvements - authorize the Mayor to execute (PW 2007 -87) 5. Rush - Copley Temporary Stormwater Management Easement Agreement - authorize the Mayor and City Clerk to execute (PW 2007 -89) 6. Raging Waters Letter of Credit Release — authorize release of the Valley Community Bank Letter of Credit #14368 in the amount of $551,106.09 (PW 2007 -90) 7. Grande Reserve Unit 19 - Letter of Credit Expiration - authorize City Clerk to call letter of credit if it is not renewed by September 7, 2007 (PW 2007 -92) 8. Gawne Lane Watermain and Roadway Improvements — Bid Results — award to Bish Excavating Company in an amount not to exceed $253,220.50 (PW 2007 -93) 9. Moser Property Service Extension with CorLands — authorize one year service extension in an amount not to exceed $10, 000.00 as presented (PKBD 2007 -15) 10. Kendall County Paratransit Service (COW 2007 -06) a. Letter of Commitment - authorize Mayor to execute, subject to staff review b. Resolution 2007 -39 — Approving Local Match Dollars for Grant Application for the Kendall Community Transit Project - authorize City Clerk to execute, subject to staff review 11. Ordinance 200747 — Providing for Abatement of Taxes Levied Pursuant to Ordinance Number 200741 (Kendall Marketplace) - authorize the Mayor and City Clerk to execute (COW 2007 -81) 12. Ordinance 2007 -48 — Declaring Compliance with Illinois Prevailing Wage Act - authorize the Mayor and City Clerk to execute (COW 2007 -82) Mayor Burd entertained a motion to approve the Consent Agenda. So moved by Alderman Spears; seconded by Alderman Plocher. Motion approved by a roll call vote. Ayes -5 Nays -0 Plocher -aye, Spears -aye, Sutcliff- -aye, Golinski -aye, Burd -aye i PLANNING COMMISSION /ZONING BOARD OF APPEAL Mayor Burd reported that she made a presentation of the former chairman of the Plan Commission, Tom Lindblom, for his twelve years of service as chairman. Also, there will be a Kendall County Planning Consortium on July 19, 2007 at 6:00 p.m. Director Miller added that invitations have been sent out to area plan commissions for the event which is being hosted by the United City of Yorkville. He stated that this will be an opportunity to share and plan for the future. MINUTES FOR APPROVAL A motion was made by Alderman Spears to approve the minutes of the City Council meetings of May 22, 2007 and June 12, 2007; seconded by Alderman Golinski. The Minutes of the Regular Meeting of the Citv Council — June 26, 2007 — Dau 33 Motion approved by a viva voce vote. A motion was made by Alderman Spears to approve the minutes of the Committee of the Whole meetings of May 15, 2007 and June 5, 2007; seconded by Alderman Gohnski. Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman Spears to amend the bill list to remove Waubonsee Community College check in the amount of $600.00 listed on page 35 of the bill list; seconded by Alderman Golinski. Motion approved by a viva voce vote. A motion was made by Alderman Spears to approve the paying of the bills listed on the Detailed Board Report dated June 13, 2007 totaling the following amounts: checks in the amount of $574,538.52 (vendors); $254,961.59 (payroll period ending 6/9/07); for a total of $829,500.11; seconded by Alderman Golinski. Motion approved by a roll call vote. Ayes -5 Nays -0 Plocher -aye, Spears -aye, Sutcliff -aye, Golinski -aye, Burd -aye REPORTS MAYOR'S REPORT Appointments to Boards and Commissions Mayor Burd reported that she was reappointing Margie Putzler to the Fire and Police Commission. She asked for a motion to accept the appointment. So moved by Alderman Spears; seconded by Alderman Plocher. Motion approved by a viva voce vote. Mayor Burd reported that she was appointing John Hegler, to the Plan Commission. She entertained a motion to accept the appointment. So moved by Alderman Plocher; seconded by Alderman Spears. Motion approved by a viva voce vote. Mayor Burd reported that she is looking for an architect who would be interested in serving on the Facade Committee and that her recommendation of Vicki Coveny for the Park Board would be forthcoming. CITY COUNCIL REPORT Ordinance 2007 -49 Amended and Restated Governing Ordinance Mayor Burd entertained a motion to approve the amended and restated Governing Ordinance, United City of Yorkville addressing: ethical standards, elected officials, duties and responsibilities, meeting schedules and committee structure, as presented. So moved by Alderman Spears; seconded by Alderman Golinski. Motion approved by a roll call vote. Ayes -5 Nays -0 Sutcliff -aye, Golinski -aye, Plocher -aye, Spears -aye, Burd -aye ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT Meeting Schedule Interim City Administrator Olson reported that with the approval of the amended and restated Governing Ordinance, the committee structure and meeting dates will change. He noted that the Administration Committee and Public Works Committee meetings will be held on the first The Minutes of the Regular Meeting of the Citv Council — June 26, 2007 — uage 4 Tuesdays of the month beginning July 3, 2007. On the third Tuesday of the month the Public Safety Committee and the Economic Development Committee meetings will be held and that Committee of the Whole meetings will be followed by a City Council meeting on the second and fourth Tuesdays of the month. He stated that this information would be updated on the City's website tomorrow and anyone with questions should call city hall. Vision Planning Meetings Interim City Administrator Olson reported that a business focus group vision planning meeting was scheduled for June 27, 2007 at 7:00 p.m. Other vision planning meetings scheduled were for seniors on July 3, 2007 at 8:30 a.m. and for teens on July 9, 2007 at 6:30 p.m. A vision statement will be crafted after the completion of the focus group meetings. Yorkville- Bristol Sanitary District/City Council Meeting Mr. Olson reported that a special Yorkville - Bristol Sanitary District/City Council Meeting was being held on June 28, 2007 at 6:30 p.m. at the YBSD offices to discuss infrastructure projects. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT In -Town Road Program Director Dhuse gave an update on the In -Town Road Program; the roads under construction were scheduled to be pulverized and rolled this week and the curb prep work was also to be done. The project was still on track with paving estimated for the end of July 2007. Water Conservation Director Dhuse asked the public to conserve water as the Water Department has seen an increase in water pumpage. He stated that anyone needing clarification of the watering ordinance should see the City's website or call city hall. Mayor Burd noted that Lake Superior's water level has dropped and that this may affect the aquifer that supplies Yorkville's water. Countryside Parkway Alderman Spears inquired about the construction on Countryside Parkway and City Engineer Wywrot explained that it concerns the water service for the new office building. CHIEF OF POLICE'S REPORT Lieutenant Hart reminded everyone to use caution while traveling for the 4 of July and he noted that recently retired canine officer Sammy passed away after a battle with cancer. DIRECTOR OF PARKS & RECREATION'S REPORT Ribbon Cutting and Park Dedication Director Mogle reported that a ribbon cutting was scheduled on Friday, June 29, 2007 at 6:00 p.m. at the Raintree Park. Also, on July 3, 2007 the Bridge Park will be dedicated in conjunction with youth baseball. Park & Recreation Department Survey Director Mogle reported that the Park Board has received a new proposal from Northern Illinois University for a mail survey costing $1,000.00 less than the original quote. The Park Board will be discussing this at their next meeting. COMMUNITY DEVELOPMENT DIRECTOR'S REPORT Report on Hammon Property Director Miller turned the floor over to Building Inspector Dettmer who reported that the Building Department met with Mr. Hammon and has been performing inspections on his composting operation. Mr. Dettmer explained the inspection procedure; when a complaint is received the inspector visits the scene from where the call originated. The wind speed, direction and air temperature are noted as well as any other information received in the complaint such as odor, debris, etc. Mr. Dettmer stated that he has spoken with inspectors from the Environmental Protection Agency (EPA) and asked Mr. Hammon for copies of his EPA inspections however he has not received them yet. Mr. Dettmer indicated that the majority of the complaints have been unfounded. He indicated that he has inspected for garbage complaints and that Mr. Hammon has five employees who clean up daily the plastic mixed in with the yard waste. Also, he has responded to complaints of odors but has not found it coming from Mr. Hammon's property however while on inspections he observed odors coming from neighboring properties. Mr. Dettmer asked that those reporting complaints please leave their name, address and telephone number. He also offered to meet with complainants so he could better service them. He informed the Council that the inspectors are keeping a log of complaints and visits and are available by telephone (630- 688 -9323) anytime. The Minutes of the Regular Meeting of the Citv Council — June 26, 2007 — nags 5 Mayor Burd reported that she met with Larry Cooper who is the manager of the facility for three hours. He explained his reasons for getting involved in organic farming. He noted that this procedure provides a pure way of farming without pesticides and improves the quality of the soil which then produces higher yields. She explained that he invited her to tour the site but she hasn't done this yet. Interim City Administrator Olson reported that he drove past the site and didn't smell the operation until he was "on its doorstep ". He then returned to tour the site the next day when the �- temperature was in the 90's. He noted that he did not smell anything until he was on the facility's property. He reported that the procedure was explained to him and he observed that all of Mr. Hammon's property is used for composting. He noted debris on the ground (paper and plastic) but saw several workers picking up garbage. Alderman Spears asked if Mr. Olson's visit was unscheduled and he responded it was not. She also asked how often the EPA issues reports and Mr. Dettmer stated every six months. She asked if Mr. Hammon had the proper license and/or permit for his operation and Mr. Dettmer explained that he does not believe Mr. Hammon has a permit because it is considered a farming operation. Alderman Spears suggested that a FOIA request be made for the reports and asked Mr. Olson to research permits for this type of operation. COMMUNITY RELATIONS OFFICER'S REPORT Mrs. Spies reported on the following: • A Ward link was now available on the City's website. • On Wednesday June 27, 2007 there would be a 50 Anniversary Celebration at the Riverfront Park with the Big Band playing. • On July 4, 2007 there will be an ice cream social at the Riverfront Park from 1:30 to 4:30 p.m. • Positive feedback was received regarding the Promenade of Arts held on June 22 and 23 2007 even though the event was rained out on Saturday. COMMUNITY & LIAISON REPORT Cable Consortium Alderman Golinski reported that the Cable Consortium's June meeting was cancelled and the next will be on July 5, 2007. School District Mayor Burd reported that she and Director Dhuse were going to meet with the School District in July to discuss the street situation and bus routes. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT US 34 & Sycamore Road Traffic Signal Smith Engineering Consultants Design Engineering Agreement (PW 2007 -88) Alderman Plocher entertained a motion to approve the Smith Engineering Consultants Design Engineering Agreement, as presented. So moved by Alderman Spears; seconded by Alderman Golinski. City Engineer Wywrot explained that the proposal is in order to prepare plans for a three- legged intersection based on Illinois Department of Transportation's (IDOT) approval of the intersection study. However it has been discussed that this will need to be a four - legged intersection when the property to the north of Route 34 (Rob Roy Falls) develops. The developers of this property will be performing a traffic study to indicate this and then this information will be sent to IDOT for the approval of a four -way intersection. Mr. Wywrot explained that this is a lengthy process and while this is being done a span wire light could be installed rather than permanent three- legged lights. IDOT allows this type of temporary light for a twelve month period however this is an aggressive schedule in which to try to get the four - legged intersection approved. Alderman Spears asked if there have been negotiations with the developer and Mr. Wywrot indicated there have not however the developer has indicated that they would like to work with the City to improve the intersection. Alderman Spears suggested postponing the vote until the City Attorney can meet with the developer. There was some discussion regarding the warrant study, a span wire study, design of the span wire light, and the timeline for the installation of a traffic light of any type at this location (at least one year). The Minutes of the Regular Meeting of the Citv Council — June 26, 2007 — na eg_6 Tony Graff, consultant to the Rob Roy Falls developer, addressed the Council and reiterated that the developer would like to work with the City to develop the intersection. He indicated that they would be having there traffic consultant working on the IDOT permits and asked if the Council would give the developer a few weeks to work on this. He indicated that a four -way stop is more marketable for the developer. He also suggested that the City Council approve the proposal in front of them contingent on working with the developer. After some discussion it was decided to proceed with the motion on the floor in order to get the process moving and to discuss the temporary light at the July 10, 2007 Committee of the Whole meeting. Motion approved by a roll call vote. Ayes -5 Nays -0 Golinski -aye, Plocher -aye, Spears -aye, Sutcliff -aye, Burd -aye Resolution 2007 -40 US 34 & Sycamore Road Traffic Signal MFT Appropriation Resolution (PW 2007 -88) A motion was made by Alderman Golinski to approve the MFT Appropriation Resolution, as presented; seconded by Alderman Sutcliff. Motion approved by a roll call vote. Ayes -5 Nays -0 Plocher -aye, Spears -aye, Sutcliff- -aye, Golinski -aye, Burd -aye ECONOMIC DEVELOPMENT COMMITTEE REPORT Authorizing the Execution of the Wynstone Townhomes Restated and Amended Annexation Agreement (PC 2007 -17) Attorney Roth indicated that this item could not be voted on because an extraordinary vote of six aldermen was needed for approval. Mayor Burd entertained a motion to table the ordinance authorizing the execution of the Amended and Restated Annexation Agreement with SB & WD, LLC ( "Owner ") and ( "Developer'), as presented. So moved by Alderman Spears; seconded by Alderman Golinski. Motion approved by a viva voce vote. Approving Variance for Signage for the Yorkville Congregation Church (PC 2007 -13) A motion was made by Alderman Golinski to approve an ordinance approving a variance for signage for the Yorkville Congregational Church located at 409 Center Parkway, as presented, subject to final legal and staff review. The motion died for lack of a second. Attorney Roth suggested that a motion be made denying the variance. A motion was made by Alderman Golinski to deny an ordinance approving a variance for signage for the Yorkville Congregational Church located at 409 Center Parkway, as presented, subject to final legal and staff review; seconded by Alderman Spears. Alderman Spears noted that the sign was inappropriate and against the current sign ordinance and Mayor Burd noted that this is the type of sign the city is trying to have removed from other locations. Motion approved by a roll call vote. Ayes -5 Nays -0 Plocher -aye, Spears -aye, Sutcliff- -aye, Golinski -aye, Burd -aye Approving Variance for Signage for the Saratoga Homes Property (PC 2007 -18) A motion was made by Alderman Golinski to approve an ordinance approving a variance for signage for the Saratoga Homes property located at 3600 North Bridge Street, as presented, subject to final legal and staff review; seconded by Alderman Spears. There was some discussion regarding the size of the sign and the distance between the signs. The Zoning Board of Appeals recommended the two signs be a certain distance apart but did not recommend a particular height. They did deny the requested size. The Minutes of the Regular Meeting of the Citv Council — June 26, 2007 — Met _7 Aldermen Spears and Sutcliff indicated that there are already quite a few signs in the area and it does not look good. Director Miller indicated that the existing signs were installed before the ordinance was in effect. Alderman Spears suggested readdressing the sign ordinance. Motion defeated by a roll call vote. Ayes -1 Nays -4 Plocher -aye, Spears -nay, Sutcliff -nay, Golinski -nay, Burd -nay PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. ADDITIONAL BUSINESS Ocean Atlantic Alderman Gohnski complimented Mr. Olson's memo to the City Council regarding agenda outcomes. He questioned if a response had been received from Ocean Atlantic regarding the Rob Roy Creek Interceptor payment. Mr. Olson explained that none had been received and Alderman Golinski suggested that the City move forward with legal proceedings. Attorney Roth suggested that this be discussed in Executive Session at the next City Council meeting. Mining Operation Ordinance Alderman Spears suggested that the City Council look at developing a mining operation ordinance as soon as possible. Bank Moratorium Alderman Spears suggested that a bank moratorium be explored and suggested that the City adopt restricted locations for banks since no revenue is generated from them. Donated Picture Mayor Burd reported that the Scull family has donated a picture from a 1907 postcard showing the Historic Courthouse. She thanked them for their donation. Tree Removal Moratorium Burd reported that she received an email from Mr. Wywrot regarding the removal of parkway trees on Heustis Street due to the In -Town Road Program. She called for a moratorium on tree removal and indicated that trees should only be removed if they are damaged or dying. She asked that the Council revisit a "Canopy" ordinance in order to save the green look of older areas. Fox Highlands Landscape Issue Alderman Spears reported that she received an email regarding a landscape issue in the Fox Highlands subdivision. No one else present received the email so she indicated she would copy everyone on it. ADJOURNMENT Mayor Burd entertained a motion to adjourn. So moved by Alderman Spears; seconded by Alderman Golinski. Motion approved by a viva voce vote. Meeting adjourned at 8:40 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois CITY COUNCIL MEETING June 26, 2007 PLEASE PRINT ADDRESS: � f y l ny c�rl�Q(tia ►td C-1.,x i ccl V 'V a , SIGNW [, a • `� i �% - 3+ •:a�Ae' .;�•i1 *. ` ��° y � r .a: � r1 _.'�y� -i t � � „ ., ,_ r� r �� � �; `tea .. � p' � �. � ,: �`o L -t ''t. .: �..� `y Yom♦ F` ,. _ , � `. t { . � ,� yl �. • ,� :, i` � � 1 S � �r��'� ^fir �+ _., `� �,}: i � .. F� °"ter, Ia� .... IW r � m R `w �• � mss, � b �' iy � � r � A ��..� � ±g r, � v . t .. rr• y; � k� .� tt J - AS y S. A0 r y r t hin! l (. •' 1, t` r ,y `k� 3. 1 {r s r _ _ ! c r aI ,i .t ' 4r l � • , � a F f i y . y ,}aa a ? r S ,. t :s i ♦, } s .' �' ttAl ! .0 WKWa �Y �}^' `� / � �pF 'v � ��� { t ` � '� " 'n° t '� � jam. � 3 i i '•'j. a VO Y• t-f rrr S. 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'�va -. �i**T p6�, ! r•' C � � 1 1 I , ,+t ,�°"• ,� .* (� r � � � f j � .•�.*. .1�' � ..r �_ ".. _.• ��k�iis: '�_� ... ��F_..�. -rs'2C -] �i� e: � . .._ - �i,;�. �. � � � t, -.:.. ... ..5.�. :.'ti's a"'7 _.,. . a _ , f j I d r i t ' l p � .• • .. �'� ; fir .. . . Y a_ r i . Jr r I, Thank you Yorkville City Council members for giving me an opportunity to speak, I handed to our honorable Mayor some pictures I took today and an Illinois statute I copied for your review and investigation. That statute is 415 ILCS 5 / Section 21, sub - section (q), paragraphs 1,2,3, sub - paragraphs 3A, 313, 3C and 3D. The cited statute is from the "LAND POLLUTION AND REFUSE DISPOSAL laws and is part of the Illinois environmental protection act. As you know nearby residents like myself have been living with the Hamman Composting operation for more than the last 10 years. This composting operation does not show up on the IEPA website as a registered facility, the reason is it is considered a farming operation and there is a special provision in the law for farmers. The law I cited pertains to what governs farmers who choose to compost. I question the reality we are required to live with day in and day out whether the Hamman Farms composting facility is compliance with State law. I'm not sure what the total acreage Mr. Hamman owns in Fox Township, but was told it is in the neighbor hood of 1996 Acres, I assuming this to be all contiguously owned property from testimony made at the recent Fox Moraine landfill hearings. Would you please have staff figure out the total acreage my Hamman owns as the acreage number he owns will be needed to calculate the amount of land he can compost under the "Farmer" exemption. Please see section 3A and you will note this law specifies that he can legally compost 2% of the properties total acreage. If this is the law then he is entitled to compost roughly 40 acres of his land. If Bill Detimer has been out there he will confirm he is using well above 40 acres on both sides of Sleepy Hollow Road. If Mr. Hamman has permission to compost more than 2% of his land then he should produce that documentation and the data used to obtain that variance from state law and both need to be verified by the City of Yorkville. I will be surprised if he can produce that IEPA documentation. Please see 3B, this paragraph of the law requires the owner (Farmer) not to be a partner, shareholder, or CONNECTED WITH OR CONTROLLED BY ANY SUCH WASTE HAULER OR GENERATOR. This paragraph is very interesting to me because we know from the recent landfill hearings that Mr. Hamman's Fox Moraine landfill, which he is the majority owner, is also connected with Peoria Disposal who is a licensed Waste Hauler. It would seem to me that the recent public testimony made about this business connection/ shareholder relationship would disqualify Mr. Hammans' unregulated farmer status. We are now waiting for Mr. Hamman to appeal the Yorkville City Council decision regarding your thumbs down landfill siting vote on or before June 28 If he does decide to appeal then he is continuing this Waste Hauler Connection and you need to shut him down, because he no longer qualifies for the Farmer Composting Exemption he has abused for the last 10 plus years. He then can apply to the State for his operating license with new regulatory oversight and approval. Now see 3D, Please investigate the volume of composting material received and used at the Hamman Farms composting operation, it is something he has to report, who is he reporting it to, since the county won jurisdiction, is it the county (now the City by his annexation) or is it the state. According to this paragraph of the law, the rate of application is supposed to be no more that 20 tons per acre per year unless the site's soil characteristics or crop needs require a higher rate. This must be demonstrated and documented to exceed that 20 ton per acre provision of the law, has that been done, if so where is the documentation. Mr. Hamman composts right up to Mr. And Mrs. Pobol's property line, I was out there today and seen it for myself. He is supposed to be composting at minimum J of 1 /4a mile away from the Pobol property. That appears to me to be a blatant violation of this law and thumbing your nose at your neighbor. I would like you to obtain his original application and check to see if he complied with the provision of 10 non -farm residences within 1 /z mile of the boundaries of the site, I think there are that many homes along Budd Road. There are many provisions to this Farmer Exception for Composting on ones own land and I asking you to make sure Mr. Hamman is following state law and all the provisions I have just cited in this statute. If he isn't following all the laws to the letter, shut him down and make him play by the rules any other IEPA Licensed and Regulated Composting facility has to operate under and comply with. (415 ILCS 5 /Ti t. V heading) TITLE V: LAND POLLUTION AND REFUSE DISPOSAL 4 15 /L CS 5/ Section 21, sub - section (q), paragraphs( 1,2, 3), sub paragraphs A , B, C, D (q) Conduct a landscape waste composting operation without an Agency permit, provided, however, that no permit shall be required for any person: (1) conducting a landscape waste composting operation for landscape wastes generated by such person's own activities which are stored, treated or disposed of within the site where such wastes are generated; or (2) applying landscape waste or composted landscape waste at agronomic rates; or (3) operating a landscape waste composting facility on a farm, if the facility meets all of the following criteria: (A) the composting facility is operated by the farmer on property on which the composting material is utilized, and the composting facility constitutes no more than 2% of the property's total acreage, except that the Agency may allow a higher percentage for individual sites where the owner or operator has demonstrated to the Agency that the site's soil characteristics or crop needs require a higher rate; (B) the property on which the composting facility is located, and any associated property on which the compost is used, is principally and diligently devoted to the production of agricultural crops and is not owned, leased or otherwise controlled by any waste hauler or generator of nonagricultural compost materials, and the operator of the composting facility is not an employee, partner, shareholder, or in any way connected with or controlled by any such waste hauler or generator; (C) all compost generated by the composting facility is applied at agronomic rates and used as mulch, fertilizer or soil conditioner on land actually farmed by the person operating the composting facility, and the finished compost is not stored at the composting site for a period longer than 18 months prior to its application as mulch, fertilizer, or soil conditioner; (D) the owner or operator, by January 1, 1990 (or the January 1 following commencement of operation, whichever is later) and January 1 of each year thereafter, (i) registers the site with the Agency, (ii) reports to the Agency on the volume of composting material received and used at the site, (iii) certifies to the Agency that the site complies with the requirements set forth in subparagraphs (A), (B) and (C) of this paragraph (q)(3), and (iv) certifies to the Agency that all composting material was placed more than 200 feet from the nearest potable water supply well, was placed outside the boundary of the 10 -year floodplain or on a part of the site that is floodproofed, was placed at least 1/4 mile from the nearest residence (other than a residence located on the same property as the facility) and there are not more than 10 occupied non -farm residences within 1/2 mile of the boundaries of the site on the date of application, and was placed more than 5 feet above the water table. For the purposes of this subsection (q), "agronomic rates" means the application of not more than 20 tons per acre per year, except that the Agency may allow a higher rate for individual sites where the owner or operator has demonstrated to the Agency that the site's soil characteristics or crop needs require a higher rate.