City Council Minutes 2006 09-12-06 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, SEPTEMBER 12, 2006.
Mayor Prochaska called the meeting to order at 7:01 P.M and led the Council in the Pledge of
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Allegiance.
ROLL CALL
Clerk Milschewski called the roll.
Ward I James Present
Leslie Present
Ward II Burd Present
Wolfer Present
Ward III Bock Present
Munns Present
Ward IV Besco Present
Spears Present
Also present: City Clerk Milschewski, City Treasurer Powell. City Attorney Wyeth, Assistant
City Administrator Olson, Police Chief Martin, Director of Public Works Dhuse, Finance
Director Mika and Public Relations Manager Spies.
QUORUM
A quorum was established.
INTRODUCTION OF GUESTS
Mayor Prochaska asked the staff and guests to introduce themselves. He welcomed the guests
and asked them to enter their names on the attendance sheet provided.
AMENDMENTS TO THE AGENDA
None.
/ ^ COMMITTEE MEETING DATES
Public Works Committee Committee of the Whole
7:00 P.M., Tuesday, September 19, 2006
City of Yorkville Conference Room
Economic Development Committee Committee of the Whole
7:00 P.M., Tuesday, September 19, 2006
City of Yorkville Conference Room
Administration Committee Committee of the Whole
7:00 P.M., Tuesday, October 3, 2006
City of Yorkville Conference Room
Public Safety Committee Committee of the Whole
7:00 P.M., Tuesday, October 3, 2006
City of Yorkville Conference Room
Ad Hoc Technology Committee To Be Announced
PRESENTATIONS
Presentation of Certificates
Sergeant Greg Sibenaller & Officer Jacob Bledsoe
Mayor Prochaska and Chief Martin presented Officer Jacob Bledsoe, who recently completed the
Illinois Law Enforcement Training and Standards, with a certificate from the State of Illinois
certifying that he has met all the requirements to qualify as a law enforcement officer.
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Mayor Prochaska and Chief Martin presented Officer Greg Sibenaller with a Certificate of
Achievement for completing the School of Police Staff and Command, a 400 hour course held by
the Northwestern School of Public Safety.
Mayor Prochaska stated that these officers show the commitment that the Police Department has
to the City by furthering their educations.
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The Minutes of the Regular Meeting of the Citv Council — September 12, 2006 — page 2
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PUBLIC HEARINGS
None.
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CITIZEN COMMENTS
None.
CONSENT AGENDA
1. Police Reports for July — August 2006 (PS 2006 -35)
2. Resolution 2006 -72 — Providing an Education Stipend for Certain Employees - authorize
the Mayor and City Clerk to execute (PS 2006 -36)
3. Ordinance 2006 -90 — Amending City Code Title 3 — Business, Chapter 3 — Liquor
Control Regarding Hours of Sale - authorize the Mayor and City Clerk to execute (PS
2006 -38)
4. Monthly Treasurer's Report for July 2006 - (ADM 2006 -54)
5. Ordinance 2009 -91— Amending Land Cash Ordinance No. 19996 -3, 2003 -12, 2004 -22
and 2005 -37 - authorize the Mayor and City Clerk to execute (ADM 2006 -57)
6. Resolution 2006 -73 — Establishing the Job Description for the Position of Civil Engineer
- authorize the Mayor and City Clerk to execute (ADM 2006 -58)
7. Resolution 2006 -74 — Declaring Official Intent to Issue Special Tax Bonds for Special
Service Area 2006 -113 for Kendall Marketplace - authorize the Mayor and City Clerk to
execute (ADM 2006 -59)
8. Resolution 2006 -75 — Declaring Official Intent to Issue Sales Tax Bonds for Kendall
Marketplace - authorize the Mayor and City Clerk to execute (ADM 2006 -60)
9. Ordinance 2006 -92 — Proposing the Establishment of Special Service Area Number
2006 -113 (Kendall Marketplace) - authorize the Mayor and City Clerk to execute (ADM
2006 -61)
10. Ehlers and Associates, Inc. Scope of Service for Kendall Marketplace Financing -
authorize the Mayor and City Clerk to execute (ADM 2006 -62)
11. Resolution 2006 -76 — IDOT Highway Permit and Resolution — Temporary Construction
Entrance for Kendall Marketplace - authorize the Mayor and City Clerk to execute (COW
2006 -06)
12. Raymond Storm Sewer Outfall — Bid Results — award to Wheaton Trenching in an
amount not to exceed $949,800.25, subject to identifying available funding (COW 2006-
07)
Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved
by Alderman Bock; seconded by Alderman Spears.
Motion approved by a roll call vote. Ayes -8 Nays -0 j
Wolfer -aye, James -aye, Munns -aye, Burd -aye,
Spears -aye, Bock -aye, Besco -aye, Leslie -aye
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PLANNING COMMISSION /ZONING BOARD OF APPEAL
No report.
MINUTES FOR APPROVAL
A motion was made by Alderman James to approve the minutes of the City Council meetings of
July 11, 2006 and July 25, 2006 and the Committee of the Whole meeting of July 18, 2006;
seconded by Alderman Besco.
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Motion approved by a viva voce vote.
BILLS FOR APPROVAL
A motion was made by Alderman James to approve the paying of the bills listed on the Detailed
Board Report dated August 29, 2006 totaling the following amounts: checks in the amount of
$1,253,063.37 (vendors); $197,970.77 (payroll period ending 8/19/06); for a total of j
$1,451,034.14; seconded by Alderman Besco.
Motion approved by a roll call vote. Ayes -8 Nays -0
James -aye, Munns -aye, Burd -aye, Spears -aye,
Bock -aye, Besco -aye, Leslie -aye, Wolfer -aye,
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REPORTS
MAYOR'S REPORT
Proclamation for Hunting and Fishing Days
Mayor Prochaska read a proclamation for Hunting and Fishing Days, September 23r and 24 d ',
2006. (see attached). Mayor Prochaska entertained a motion to ratify the proclamation. So
moved by Alderman Munns; seconded by Alderman Bock.
Motion approved by a viva voce vote.
Coffee with the Mayor
Mayor Prochaska reported that the next Coffee with the Mayor would be held September 16,
2006 at the Wild Iris Salon & Gifts, 125 W. Hydraulic Street from 9:00 — 11:00 a.m.
Ground Breaking
Mayor Prochaska reported that there will be a ground breaking for Heritage Woods Supportive
Living Community located on Green Briar Road west of Route 47 on September 22, 2006 at 2:00
p.m.
Patriot's Walk
Mayor Prochaska thanked all those who participated in the Patriot's Walk in honor of all those
who lost their lives on the September 11` He especially thanked the Police Department for
stopping traffic on Route 47 for the moment of silence; Mark O'Malley for providing the large
flag along the route; Jeanie Leifheit for providing the small flags for the walkers and Mr. & Mrs.
Collman, who lost a son in the September 11 tragedy, for participating.
CITY COUNCIL REPORT
No report.
ATTORNEY'S REPORT
No report.
CITY CLERK'S REPORT
No report.
CITY TREASURER'S REPORT
No report.
CITY ADMINISTATOR'S REPORT
No report.
FINANCE DIRECTOR'S REPORT j
Director Mika reported that two new employees have been hired and have begun work. They are
a part-time accounting clerk and an IT person.
DIRECTOR OF PUBLIC WORKS REPORT
Director Dhuse reported that the water treatment plant is scheduled to start up on September 25,
2006. This is the last of three plants and brings the City into compliance with federal standards.
CHIEF OF POLICE'S REPORT
Chief Martin reported that Officer Jeff Johnson will be graduating September 20, 2006 from a ten
week Alcohol, Tobacco and Firearms (ATF) course in West Virginia_ One of the lieutenants will
be attending the ceremony.
DIRECTOR OF PARKS & RECREATION'S REPORT
Director Mogle had no report however Mayor Prochaska noted he received a letter from Mrs.
Birch's first grade class at Grande Reserve Elementary School asking when the park adjacent to
the school will be completed. Director Mogle stated that it was close to completion but it still
needed some last minute fine tuning.
COMMUNITY DEVELOPMENT DIRECTOR'S REPORT
No report.
COMMUNITY RELATIONS MANAGER'S REPORT
Mrs. Spies reported on the following items:
o Parking surveys were mailed out and 1700 have been returned which is a 30% return rate.
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• The Midwest Literary Festival was being held September 16 and 1r. 2006 in
downtown Aurora.
• Illinois Arts Week will be celebrated with a display of art work by the Kendall County
Arts Guild in City Hall from October 8, 2006 to October 14, 2006.
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COMMUNITY & LIAISON REPORT
Northeastern Illinois Area on Aging Agency
Alderman Spears reported that she attended the Northeastern Illinois Area on Aging Agency
meeting regarding transportation. The group discussed that if federal and state grants and funds
from municipalities are received, Kendall County would like to contract with the Voluntary
Action Center to provide transportation services for residents of Kendall County. Transportation
would be provided to Plano, Illinois; medical facilities; shopping areas; etc. Also discussed were
grants, matching funds, grant cycles, IDOT's plan to put out a request for proposals for rural
transportation providers who want to begin a project by July 2007, the Elder Care Summit in
April, etc.
Senior Service Providers
Alderman Spears reported she attended the Senior Service Providers meeting where Officer
Groesch spoke about the Senior Police Academy which will be held on October 30, 2006 from
9:00 a.m. to 3:00 p.m. at the Historic Courthouse. The Police Department will have a day of
workshops on identity theft, lottery scams, Medicare fraud, Kendall County points of interest, etc.
The free event will be limited to 125 participants so anyone interested needs to contact the Police
Department.
Midwest Literary Festival
Alderman Burd that anyone interested in more information on the Midwest Literary Festival
could go to their website, midwestliteraryfestival.com.
Public Works
Alderman Wolfer thanked Director Dhuse and the Public Works Department for letting him
follow them through their day. He stated it was very interesting and he learned a lot.
COMMITTEE REPORTS
PUBLIC WORKS COMMITTEE REPORT
No report.
ECONOMIC DEVELOPMENT COMMITTEE REPORT
No report.
PUBLIC SAFETY COMMITTEE REPORT
No report.
ADMINISTRATION COMMITTEE REPORT
Resolution 2006 -77 Approving a Hiring Process for Certain Employees
(Non - Department Head)
(ADM 200642)
A motion was made by Alderman James to approve a resolution approving a hiring process for
certain employees, non - department heads, as presented; seconded by Alderman Bock.
Alderman Munns asked if the words "non- department heads" were needed to be in the title of the
resolution. Attorney Wyeth explained that there is a similar policy regarding department heads so
he added the wording to distinguish the two. He stated that the wording was non - functional and
the motion could be amended to strike the wordings.
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Alderman Munns stated that he had another amendment; to section 2.1.2. He stated that he would
like to add wording at the end of the section stating "with the following exception; former
department heads and/or managers who have left their position as an employee of the United City
of Yorkville will not be eligible for reappointment to any position within the City ". He stated that
this was legal and his reasoning behind the addition was that he knew of several big companies
who do not allow upper management who leave to come back.
Alderman Spears asked for clarification if this meant only department heads and if it should apply
to those who retire. Alderman Munns stated that it was just for department heads and managers.
Mayor Prochaska stated that the wording recommended by Alderman Munns would include
retirees. Alderman Munns stated that he did not feel it applied to retirees. Alderman Spears
agreed with Alderman Munns suggestion. She stated that if the United City of Yorkville has
The Minutes of the Regular Meeting of the Citv Council — September 12, 2006 —Wage 5
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trained an individual and paid for education and they choose to leave, they not be allowed
to be re- hired.
Alderman James pointed out that the resolution did not apply to department heads. Alderman
Munns stated that the change he is recommending applies to the employee manual which is
Exhibit A of the resolution.
Alderman Munns restated the verbiage, "with the following exception, former department heads
and/or managers who have left their position as an employee of the United City of Yorkville will
not be eligible for reappointment to any City position with the exception of anyone who has
retired from the United City of Yorkville will be eligible to be hired on as consultants ".
Alderman Bock stated that the policy sounds good however in his past experience exceptions
such as this have a time limit applied to them such as an employee cannot come back with in a
year. He stated that these people had expertise to run a department at one time and he felt it
would be counterproductive to ignore their experience and not bring them back if they were the
most qualified applicant.
Alderman Wolfer noted that there are many corporations that hire former employees back
because they recognize their experience. He stated that this exception limits the City Council in
their choices and he felt he would like to consider everyone qualified for a position.
Alderman Besco stated that the large corporations that he has worked for had a policy that they
would not rehire upper management. He stated he did not know the reasoning behind this but he
could see some validity in the policy. He stated that if they are truly dedicated employees they
will stay until retirement as the City offers good wages and benefits. He stated he was in favor of
the amendment.
Alderman Leslie asked how the department head process works. Mayor Prochaska explained that
the mayor presents a candidate and the City Council votes to hire the person. Alderman Leslie
stated that the current hiring method has checks and balances.
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Alderman Burd stated she was in favor of the amendment because when a department head leaves
they take information with them but by the time they may come back, hopefully the City has
moved on. She stated that there are always new graduates available for hire.
Alderman James stated that the policy on the table deals with non - department heads however all
the discussion has been on department heads. He stated that this is the wrong location to try and
stick this exception. He stated that there is a policy for department heads where this discussion is
more applicable.
Alderman Wolfer commented that before he would vote for this change, he would like to the
amending language reviewed by the labor attorney to make sure it was appropriate.
Alderman Leslie recommended that since Alderman Munns' suggestion applies to department
heads, this resolution should be approved as it is presented and the amendment could be discussed
under Additional Business. Alderman Burd stated that she thought this could not be handled in
this way because it could not be voted on as it was not under the agenda. She stated that if the
words "Non- Department Heads" were removed from the title of the resolution, it is not specific to
anything. It is just a hiring policy with Exhibit A attached. Exhibit A would include the phrase
Alderman Munn wants to add and would be part of the resolution. She also noted that when
something is passed it is with the understanding that if something is illegal, it won't stand up. If
this addition is illegal, the remainder of the resolution will still be in force. Attorney Wyeth
stated that some resolutions and ordinances are approved subject to legal review however this
resolution was not characterized in that way and the motion would have to be amended to reflect
this. Alderman Burd state that she was not talking about "subject to legal review" she was
referring to bills that are passed with the idea that if any part of it is subsequently found to be
illegal by a judge the illegal part will not apply but the remainder will. Attorney Wyeth stated
that going about it in this way could be an expensive process so it would be better to get it right
the first time.
Alderman Bock stated that he agreed with Alderman Leslie. It seems that the City Council is
addressing something that does not need to be addressed in this resolution; it could be addressed
in another form. He also recommended that Attorney Wyeth look into the language so that
dishonorably discharged individuals are not eligible.
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Alderman Spears stated that she did not care what policy the language was applied to but she
supported it 100 %. She stated that the big corporations she worked for did not allow former
employees to come back. She also noted that this provision gives current employees more
security because they will not have to worry about a former employee coming back to take their
position.
Alderman Besco stated that considerable funds are spent searching for qualified candidates and
he did feel this was fair to the taxpayers. He stated that without this, the City is encouraging
individuals to "shop around ".
Alderman Munns asked if there was a second on the motion to amend. Mayor Prochaska
reminded him he did not make a motion to amend; Alderman Muni just read his suggested
amendment.
A motion was made by Alderman Munns to amend the policy 2.1.2. after the words "... and
ability" adding "with the following exception, former department heads and/or managers who
have left their position as an employee of the United City of Yorkville will not be eligible for
reappointment to any position with the City with the following exception that anyone who has
worked their tenure or however we want to word it with the United City of Yorkville and retire in
good standing would be eligible for reappointment or consulting positions "; seconded by
Alderman Burd.
Mayor Prochaska stated he did not have a problem with the addition of the language however he
agreed this was not the proper time to do this. He stated there is time to address this with the
sitting City Council and if the wording is to be added he would like to see the exact wording
added in the proper place. He stated that the City Council wanted to be proactive with hiring so
he would like to see the resolution continue on as originally presented. He stated that the
amendment can be addressed at the next Administration Committee meeting.
Alderman Burd reiterated Exhibit A is non - specific to non - exempt employees but includes the
Employee Manual. The amended language fits in section 2. 1.1 which is the hiring policy for all
employees. She stated that she could not see spending hours discussing where the amendment
could go because section 2.1.1 is the appropriate place.
Alderman Munns stated that he did not bring this forward as any personal vendetta against any
persons who have worked, are working for or will be working for the City. He felt this change
was in line with the nepotism policy he brought forward six months ago.
Mayor Prochaska noted that this is not a text or minor change; it is a policy change. He stated
that he felt that according to the new Governing Ordinance this matter should be tabled and
brought back to the City Council with the amended language for review before the vote. The
ordinance allows the City Council to have four days to review any changes such as this.
Alderman Munns asked Attorney Wyeth for clarification on the Governing Ordinance; does the
final form of a resolution or Ordinance have to be in the Friday before a City Council meeting.
Attorney Wyeth read from the Governing Ordinance "no ordinance or resolution shall be voted at
a City Council meeting unless the item to be voted on has been presented in its final form to the
corporate authorities at least four days prior to the vote ". Attorney Wyeth stated that his reading
of this provision is that it is a guideline that minor changes can be made. He stated that it would
be up to the City Council to determine if this is a minor change that could be brought up at the
last minute. He stated that if it is felt this it is a substantial change, the correct motion would be
to postpone to the next meeting.
A motion was made by Alderman Wolfer to postpone; seconded by Alderman Burd.
C Alderman Leslie clarified that this could be discussed at the next Administration Committee and
if a new hire should come up before the policy change is addressed, the City Council would have
to vote on the person. Mayor Prochaska stated that this was correct.
Alderman Munns clarified that the policy would be brought back in its entirety with the
additional verbiage for a vote on September 26, 2006. Mayor Prochaska stated this was correct.
Alderman Bock agreed with Alderman Wolfer to postpone as it would be in accordance with the
Governing Ordinance.
Alderman Burd stated that if this is postponed, some aldermen might not be at the meeting. She
stated all the City Council was resent so it was a good time to discuss the amendment and vote
p
on it.
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Alderman Wolfer noted that it is up to the alderman to be at the meeting. He felt that an
aldermen's possible absence did not justify discussing it now without taking the time to properly
word the amendment. He stated that this is a major policy change and should not be done "on the
fly ". He further noted that this is an example of what was discussed when the Governing
Ordinance was being implemented and a few aldermen said this type of thing would not happen.
Alderman Munns stated that he did not feel the amendment he proposed was a major policy
change. He stated that if everyone was more comfortable doing this the right way he understood.
Alderman James stated that he disagreed with Alderman Munns, this was a major change, and to
bring it up at the last minute and rush it through was an insult. This should be discussed as a
group at Committee of the Whole.
Alderman Spears commented on the lack of a quorum at meetings and felt that it should be voted
on tonight.
Motion to postpone defeated by a roll call vote. Ayes -3 Nays -5
Spears -nay, Bock -aye, Besco -nay, Leslie -aye,
Wolfer -aye, James -nay, Munns -nay, Burd -nay
Motion to amend defeated by a roll call vote. Ayes -4 Nays -5
Burd -aye, Spears -aye, Bock -nay, Besco -aye, Leslie -nay,
Wolfer -nay, James -nay, Munns -aye, Prochaska nay
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Motion to adopt the resolution approved by a roll call vote. Ayes -6 Nays -2
Munns -nay, Burd -aye, Spears -aye, Bock -aye,
Besco -nay, Leslie -aye, Wolfer -aye, James -aye
ADDITIONAL BUSINESS
Detour Signs
Alderman Spears asked Director Dhuse what was happening in regards to the detour signs in the
Countryside area. Director Dhuse explained that someone moved the detour sign and barricades.
He stated that he will now have the Public Works Department check the signs and barricades
everyday until the work is finished.
Resolution Amendment
Alderman Burd asked that Alderman Munns' recommendation be discussed at the next
Committee of the Whole meeting.
Fox Hill Traffic Light
Alderman Munns asked that until the traffic light is placed on Route 34 and Sycamore, could the
speed be reduced on Route 34. He stated that he has seen three near accidents recently due to the
speed. Mayor Prochaska explained that the City cannot lower the speed on Route 34; this is
IDOT's jurisdiction. He asked Chief Martin if a squad car could be placed in the area in order to
get traffic to slow down. He stated he would do this.
Community Challenge
Mayor Prochaska stated that he challenged the community at the Patriot's Walk to develop a
memorial to honor its emergency services people. He asked anyone with a suggestion to give it
to the Community Relations manger Spies.
EXECUTIVE SESSION
Mayor Prochaska entertained a motion to go into Executive Session for the purpose of discussing
the purchase or lease of real property for the use of the public body.
He asked that City Clerk Milschewski, City Treasurer Powell, City Attorney Wyeth and Assistant
City Administrator Olson be included in the session.
So moved by Alderman Bock; seconded by Alderman Wolfer.
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Motion approved by a roll call vote. Ayes -7 Nays -1
Burd -aye, Spears -nay, Bock -aye, Besco -aye,
Leslie -aye, Wolfer -aye, James -aye, Munns -aye
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Mayor Prochaska noted that no formal action would be taken after the session.
The City Council entered into Executive Session at 8:00 p.m.
The City Council returned to Regular Session at 8:07 p.m.
The Minutes of the Regular Meeting of the Citv Council — September 12, 2006 — page 8
ADJOURNMENT
Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Wolfer; seconded by
Alderman Burd.
Motion approved by a viva voce vote.
Meeting adjourned at 8:08 P.M.
Minutes submitted by:
Jacquelyn Milschewski,
City Clerk City of Yorkville, Illinois
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CITY COUNCIL MEETING
September 12, 2006
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; Hunting and Fishing Days in the United City of Yorkville o,
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lP ; Hunting and fishing have always been an important part of the American tradition. ib,•
! While these activities may no longer be necessary for survival as during the early days of
F ��p ►P ►R�j Yorkville, they are still relevant today.
For over 100 years, hunters and anglers have been at the forefront of the A o o ' =
I �� ► P'bi`� conservation movement. Not content with vocalizing their support, they requested special
fagdo�: pay management,
fees and taxes on their equipment to a for wildlife habitat restoration and •�• -n«� �
other conservation programs. During that time they raised over $23 billion, now adding
1P P R�be� i some $3.5 million every day.
► u,;6.�`' i As individuals and through their organizations, hunters and anglers also volunteer
���'pP j countless hours of time for local conservation projects and to raise funds for conservation.
dde`` Over the years, programs financed by hunters and anglers have led to the dramati c IR p _; i .�
���. =•�: ; comeback of many wildlife species. ;; Cai;�, '
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► < urge all hunters and anglers in Yorkville to
I would like to take this opportunity to : •�..�.,,��
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y �►; rt recognize this year Hunting & Fishing Days observance by inviting a friend, family
k f.11R'e�� ;
E�P member or co- worker to experience the outdoor traditions together and to continue our
�O..r = important work in wildlife conservation. 1<
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��PoRe Silver Springs State Fish and Wildlife Area will be hosting the Northern Illinois i ;-;.eR �.
u �,�,;.; Hunting and Fishing Days, September 23rd and 24th with free hands on activities for all ,tCtt,6,4
dP ► P 4 ! : j l ages from 9:00 a.m. to 5:00 p.m. each day.
In recognition of the past conservation achievements of hunters and anglers in our
area, I, Arthur F. Prochaska, Jr., Mayor of the United City of Yorkville, do hereby ; $A2.1 + 0��` I {
���O °%; i proclaim Saturday and Sunday, September 23rd and 24th as Hunting and Fishing Days in ± ;ti ° 5f, i
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1 ► „ ►- _W'.�, the United City of Yorkville. •- .L'�1�
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'' f M11;�►t! Dated this 12` day of September, 2006, A.D. -
j l /� ► P ' R� r ,aM r' rP+' % i C I F � ��1
Arthur F.'Prochaska, Jr., or a,,► r
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