City Council Minutes 2006 11-13-06 Special Meeting I
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MINUTES OF SPECIAL CITY COUNCIL MEETING OF THE CITY COUNCIL
OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,
HELD IN THE LARGE INSTRUCTION ROOM
OF THE YORKVILLE HIGH SCHOOL,
797 GAME FARM ROAD
MONDAY, NOVEMBER 13, 2006
The meeting as called to order at 7 m b Mayor Art Prochaska and he asked all to join
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him in the Pledge of Allegiance.
ROLL CALL
Roll was called and a quorum was established:
Ward I James Absent
Leslie Present
Ward II Burd Absent
Wolfer Absent
Ward III Munns Absent
Bock Present
Ward IV Besco Present
Spears Present
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Present from the City were: Acting City Administrator John Crois, Assistant City
Administrator Bart Olson, City Attorney Wyeth, Glory Spies
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See also guest lists attached and experts listed below.
Presentation:
1. Presentation by City Experts on Solid Waste Siting Process, Questions from City
Council and Public
The Mayor said he would allow the experts to give their presentations, and then the floor
would be opened for questions or comments.
Derke Price, Attornev
Mr. Price said he had received a courtesy copy of the notice regarding the landfill and
was informed that the application will be filed on December I He introduced three
other experts and asked them to state their role in the review of the application. He
explained that citizens can and are encouraged to place comments in the official record.
The three experts were:
• Mr. C. Brooke Beal, Executive Director of Solid Waste Agency of Northern Cook
County
• Dr. Craig Benson, Professor, University of Wisconsin
• Mr. Steven Schilling, Professional Engineer, State of Illinois
Each of the experts gave an overview of their background, credentials and experience
with landfills.
The Mayor then opened the floor to the public for questions.
JIM LA PQRTA, Resident of River's Edge
He said he had learned of a County ordinance that would prohibit a landfill within the
City limits. He asked if that ordinance applied, if the landfill applicant was aware of it
and if it would be enough to stop the landfill. He also asked how much money might be
gained by the applicant and how much money had been invested thus far. He asked what
kind of controls would be in place for the air pollution/gases in view of the scheduled
growth for the southern area of the City and if the landfill company does their own
monitoring. He also inquired about fiberglass fibers, what prevents garbage from getting
into the air and what safeguards are in place for asthmatics and those with chronic
diseases.
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Response from Mr. Beal and Mr. Schilling: There is such an ordinance that the
applicant must deal with. The amount of money to be gained is not known. Landfills
are required to have air - monitoring systems in places due to the methane, carbon dioxide
and hydrogen sulfide that would be produced. These gases could eventually be funneled
into a gas collection system and then flared or used for electricity generation. The air
quality is monitored by the landfill operator and is done quarterly with reports made to
the IEPA. The garbage is covered at the end of each day. It was suggested that written
comments be entered into the official documents.
RON NEMCHAUSKY
He thanked the Council for inviting the speakers and asked if the landfill is a "done deal ".
He asked if a referendum was a possibility. Mr. Nemchausky said garbage from Chicago
is currently trucked down 1 -55 with some of it flying off the trucks. He also asked how
groundwater runoff is prevented from runnin off the garbage. He inquired about the
height of the proposed landfill since he said some landfills near Springfield are 500 feet
high. Traffic will be a critical issue as development occurs and he asked if an impact
study would be done. He also wondered where the money would come from for road
improvements and building.
Response from Mayor and Attorney Wyeth: They stated this is not a done deal, but if
the County made the land available for a landfill, it could be sited. It will not be on a
referendum, but opinions may be voiced to the Council. A clay and plastic barrier is
installed for groundwater runoff and a leach ate collection system (stone & pipe system)
is placed over the barrier to draw out the liquid that is then treated. The height depends
on many factors and it was suggested this comment be placed in the official record. The
official process will end within 180 days of December I" and the decision will be made
at that time. Attorney Wyeth summarized the timeline of the process:
1. Process begins with the filing of the application and there is a 90 -day period in
which it can be reviewed. Questions can be submitted and the hearing will begin
approximately February.
2. Hearings are conducted with a Hearing Officer and formal/expert testimony is
allowed as well as cross examination
3. Citizens are allowed to make written comments (this will occur approximately
February/March
The traffic issue will be addressed.
MARCIA LUDWIKOWSKI. Countv Resident
She was concerned that not many people were in attendance at this meeting and asked if
the Council was aware that another meeting was taking place on this night. She was also
concerned that some Council members were absent.
Response from Mayor and Attorney Wyeth: This meeting was publicized in The
Record 2 weeks ago, but an additional meeting might be conducted.
JO ANN GILBERT
Ms. Gilbert asked about the fate of Hollenback Creek since it runs through the middle of
the proposed landfill property.
Response from Mr. Schilling: The City has retained a stormwater company to review
the plan_ A federal permit will be necessary and requires that any discharge must meet
federal guidelines. He suggested that she add a comment to the official record.
DEENA SCHROEDER lives near High Point Rd.
She asked if the land is suitable for a landfill and how deep do the experts look at the soil.
She also asked who does the soil testing the applicant or the experts.
Response from Dr. Benson: Fine - grained materials and clay are looked for and the
material near the potable water supply is examined. The depth of analysis is determined
by the groundwater resources. He has examined the soil at the site and said that the
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landfill owner will hire a technical firm bound by a code of ethics to perform several
analyses.
MR. KIM AIKEN, lives on south side
He asked if the liners ever leak and can they be guaranteed? If it cannot be guaranteed,
how can these risks be thrust on the citizens in this pristine area and that the leakage will
find its way into the potable water.
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Response from Dr. Benson: He said engineers operate on the assumption that liners
will leak due to liner defects. Risks must be reduced to the lowest acceptable level
possible. He said the risk of contamination is very small. Dr. Benson added that all
landfills are equipped with detection systems and operated according to State regulations.
TOM FITZGERALD
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He asked how critical the landfill owner is to the process. Alderwoman Spears asked
how a new operator is checked.
Response from Mr. Schilling and Mr. Beal: The landfill owner is very critical under
criterion #2. The owner will be scrutinized for past operations, qualifications and present
proposed operation. There is also a state licensing procedure.
JO ANN GILBERT
Ms. Gilbert stated that one company currently owns the land, another applied for the
landfill and she asked if a third party will operate the landfill.
Response from Mayor: It is not known at this time.
Alderman Besco asked if there was a public venue for c _ p o c t�zens to review operators '
performance. The Illinois Pollution Control Board has a website providing such
information.
Alderman Leslie inquired if the experts on the panel would make recommendations at the
end of the process. He also asked Mr. Schilling how many landfills had failed of the 7
sitings in which Mr. Schilling had participated. A 50% failure rate was noted. Schilling
said the experts' role it to provide information to the City Council. An expert opinion
will be given regarding this application.
JIM LA PORTA
Mr. LaPorta asked for a better understanding of the role /affiliations of the experts in
relationship to the parties involved in the landfill.
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Response from Mr. Beal, Dr. Benson and Mr. Schilling: The three experts briefly
discussed the ethics involved in this type of process.
MARCIA LUDWIKOWSKI
She asked if any Council members had a personal relationship with Don Hamman.
Response from Attorney Wyeth: He asked her to contact him if she had information
pertinent to the process.
DEVIN MOOSE. D irector of Shaw Environmental
Mr. Moose said he was present on behalf of the applicant and that he is the Chief
Engineer. He said it was his understanding that the final decision must be made on the
evidence in the record and that Council members are not allowed to conduct their own
research. City Attorney Wyeth confirmed this information.
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TOM FITZGERALD
He asked if any of the experts lived close to a landfill.
Response from Dr. Benson & Mr. Schilling: Dr. Benson said he lived one mile from a
landfill and had encountered no problems with smells or traffic. Mr. Schilling said he
lives five miles from a closed landfill and had no negative experiences.
Ms. Spears asked for clarification whether it was permissible for Aldermen to access
websites for information on the landfill operator. Mr. Price offered the following advice.
He said the website can be accessed; however, the Council decision must be made based
on the official "record ". Published opinions of the State are also allowed. Price also
cautioned that the Council members should remain neutral about this decision until all
evidence is in. He encouraged the public to contribute evidence.
Mayor Prochaska thanked all those attending and said that another meeting may be held
due to the light turnout.
Mr. Price stated that after the application is filed December 1st, a meeting will be held
with Council members present. At this time the participant forms will be introduced to
the public, the hearing officer will be present, the website will be discussed and other
information will be provided. He said the application will also be delivered to each
Council member.
There were no fixrther questions and Aldermen Leslie and Bock moved and seconded
respectively, to adjourn the meeting. Meeting adjourned at 8:15pm on a voice vote.
Minutes by
Marlys Young, Minute Taker
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