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CALENDAR: 16 PAGE 1 of 51 CIRCUIT COURT OF

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COOK CHANCERY COUNTY, DIVISION ILLINOIS

COUNTY DEPARTMENT, CHANCERY DIVISION CLERK DOROTHY BROWN

OPENLANDS, an Illinois not-for-profit

)

corporation, and SIERRA CLUB, a California

)

not-for-profit corporation,

)

Plaintiffs,

)

v.

)

)

No.

ILLINOIS DEPARTMENT OF

)

TRANSPORTATION, an Illinois state agency;

)

ANN L. SCHNEIDER, in her official capacity as

)

Secretary of the Illinois Department of

)

Transportation, BOARD OF THE CHICAGO

)

METROPOLITAN AGENCY FOR PLANNING,

)

an Illinois municipal corporation, and

)

MPO POLICY COMMITTEE, an Illinois public

)

agency,

)

Defendants.

)

VERIFIED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

Plaintiffs Openlands and Sierra Club on behalf of their members, and on behalf of and for

the

benefit

of

the

State

of

Illinois,

complain

that

Defendants

Illinois

Department

of

Transportation, Ann L. Schneider in her official capacity as Secretary of the Illinois Department

of Transportation, the Board of the Chicago Metropolitan Agency for Planning, and the MPO

Policy Committee are acting in violation of Illinois state laws and should be declared in violation

and enjoined from taking further actions based on such violations for the reasons set forth as

follows:

INTRODUCTION

The Defendant Illinois Department of Transportation (“IDOT”) is planning to construct

the proposed Illiana Tollway, a 47-mile tollway projected to cost at least $1.3 billion, which

would run from Interstate 55, near Wilmington, Illinois in southwestern Will County, to

Interstate 65 near Lowell, Indiana.

In order for IDOT to proceed with the Illiana Tollway, it

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must first be included in the Chicago regional Metropolitan Transportation Plan” (“MTP”) and

Transportation Improvement Program” (“TIP”).

The Illinois Regional Planning Act requires

that both the MTP and TIP documents “shall be approved” by the Board of the Chicago

Metropolitan Agency for Planning prior toany final approval by the MPO Policy Committee.

70 ILCS 1707/60(c).

Overall, the Illinois Regional Planning Act provides that a three-step process must be

followed in order for IDOT to proceed with the proposed Illiana Tollway.

“Step 1” is that the

Board of the Chicago Metropolitan Agency for Planning (“CMAP Board”) must first approve an

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MTP and TIP that includes the proposed Illiana Tollway. 70 ILCS 1707/60(c). Step 2is that

the MPO Policy Committee must provide “final approval” of an MTP and TIP that include the

proposed Illiana Tollway.

Id.

“Step 3” is that IDOT is then authorized to proceed with the

proposed Illiana Tollway as a project specifically included in a duly-approved MTP and TIP.

See, e.g., 23 U.S.C. § 134(j).

In this case, the proposed Illiana Tollway did not receive the required “Step 1” approval.

On October 9, 2013, the CMAP Board voted by a 10 to 4 majority to reject IDOT’s request to

amend the Chicago metropolitan area’s MTP and TIP to include the proposed Illiana Tollway as

a “fiscally

constrained”

project.

IDOT’s

request

for

approval

was

specifically

denied.

Nonetheless, the MPO Policy Committee, chaired by IDOT Secretary Ann Schneider, purported

to take “Step 2” even though the CMAP Board did not provide its required “Step 1” “prior

approval.

On October 17, 2013, the MPO Policy Committee proceeded without legal authority and

voted by 11 to 8 to approve the inclusion of the proposed Illiana Tollway in the MTP and TIP.

Based on this unauthorized vote, IDOT now plans to spend hundreds of millions of dollars in

2

public funds to develop the proposed Illiana Tollway with land acquisition beginning as early as

June 2014.

Plaintiffs

respectfully

request

that

the

Court

declare

that:

(1)

the

MPO

Policy

Committee’s October 17, 2013 vote was unauthorized, violated the Illinois Regional Planning

Act, 70 ILCS 1707/60(c), and is without legal effect; and (2) IDOT lacks legal authority to spend

public funds and otherwise take actions to develop the proposed Illiana Tollway. Plaintiffs also

respectfully request that the court grant an injunction and enjoin Defendants IDOT and Ann L.

Schneider, in her official capacity as Secretary of IDOT, from spending public funds and

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otherwise taking any actions to develop the proposed Illiana Tollway.

LEGAL BASIS

1. This Complaint is brought pursuant to 735 ILCS 5/2-701 and this Courts

equitable jurisdiction and requests that this Court declare: (1) the Defendant MPO Policy

Committee’s October 17, 2013 votes to approve the proposed Illiana Tollway without the

required “priorapproval of the Defendant CMAP Board were unauthorized, in violation of the

Illinois Regional Planning Act, 70 ILCS 1707/60(c), and without legal effect; and (2) Defendants

IDOT and Ann L. Schneider, in her official capacity as Secretary of IDOT, are not legally

authorized to spend public funds and otherwise further proceed with the proposed Illiana

Tollway, and grant an injunction and enjoin Defendants IDOT and Ann L. Schneider, in her

official capacity as Secretary of IDOT, from spending public funds and otherwise taking any

actions to develop the proposed Illiana Tollway.

PARTIES

2. Plaintiff Openlands is a not-for-profit corporation organized and existing under

the laws of the State of Illinois.

Openlands has approximately 3,000 members who live in

3

Illinois. Openlands works to protect and conserve natural areas and open spaces in northeastern

Illinois and the surrounding region in order to ensure cleaner air and water, protect natural

habitats and wildlife, and help balance and enrich the lives of northeastern Illinois’s citizens.

Openlands works to support effective regional land use and transportation planning that balances

the growth of the Chicago metropolitan area with the responsibility to protect open spaces and

natural resources for future generations.

Openlands has participated in transportation planning

processes in the Chicago metropolitan area for many years to advance its members’ interests.

3. Openlands’ members use and enjoy natural resources that would be adversely

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impacted by the Illiana Tollway.

Openlands’ members are also citizens and taxpayers of the

State of Illinois who pay sales taxes, income taxes, motor vehicle taxes, motorist user fees and

motor vehicle fuel taxes.

Openlands’ members are concerned that the Illiana Tollway is

unneeded and financially imprudent, and will divert funds from other needed transportation

projects in the Chicago region.

4. Plaintiff Sierra Club is a not-for-profit corporation organized and existing under

the laws of the State of California.

The Sierra Club is a national environmental organization

with more than 630,000 members. More than 24,000 of these members live in Illinois.

The

Sierra Club has offices and programs and is doing business in the State of Illinois.

The Sierra

Club’s purpose is to protect the natural environment and promote the responsible use of the

Earth’s ecosystems and resources.

As part of its mission, the Sierra Club supports smart,

sustainable transportation spending and works to encourage comprehensive regional planning to

prevent inefficient sprawl growth.

The Sierra Club has participated in transportation planning

processes in the Chicago metropolitan area for many years to advance its members’ interests.

4

5.

The Sierra Club’s members use and enjoy natural resources that would be

adversely impacted by the proposed Illiana Tollway.

The Sierra Club’s members are also

citizens and taxpayers of the State of Illinois who pay sales taxes, income taxes, motor vehicle

taxes, motorist user fees and motor vehicle fuel taxes. The Sierra Club’s members are concerned

that the Illiana Tollway is unneeded and financially imprudent, and will divert funds from other

needed projects in the Chicago region.

6. Plaintiffs Openlands and Sierra Club are also plaintiffs in a federal court lawsuit

challenging the Tier 1 Environmental Impact Statement for the proposed Illiana Tollway under

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the National Environmental Policy Act, 42 U.S.C. §4321 et seq. and other federal laws.

Openlands et al. v. Federal Highway Administration et al., No. 1:13-cv-04950 (No. Dist. Ill.).

7. Defendant Illinois Department of Transportation (“IDOT”) is an agency of the

State of Illinois, authorized by the Department of Transportation Law, 20 ILCS 2705/2705-1 et

seq.

8. Defendant Ann L. Schneider is the Secretary of the Illinois Department of

Transportation.

9. Defendant Board of the Chicago Metropolitan Agency for Planning (“CMAP

Board”) is an Illinois municipal corporation created by the Illinois Regional Planning Act, 70

ILCS 1707/1 et seq. The CMAP Board is the body within CMAP that is authorized to “sue and

be sued in its official name.” 70 ILCS 1707/35.

10. Under the Illinois Regional Planning Act, the CMAP Board must “develop and

adopt a process” for making transportation decisions that ensures that all “plans, reports, and

programs” required of a “metropolitan planning organization” under federal law “shall be

5

approved by the CMAP Board prior to final approval by the MPO [Policy Committee].”

ILCS 1707/60(c).

70

11. Defendant MPO Policy Committee is an Illinois public agency that is designated

under state law as the “metropolitan planning organization” for the Chicago metropolitan area

for purposes of federal law, including the Federal-Aid Highway Act, 23 U.S.C. § 101 et seq.

Although the existence of an MPO is required by federal law, MPOs are formed and designated

under state law.

Under the Illinois Regional Planning Act, the MPO Policy Committee is

responsible for final approvalof all transportation plans, reports, and programs required under

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federal law, but only after such plans, reports, and programs have received “prior” approval by

the CMAP Board. 70 ILCS 1707/60.

12. The MPO Policy Committee exists as a body within the Chicago Metropolitan

Agency for Planning (CMAP). The MPO Policy Committee conducts its business at CMAP’s

offices and relies on CMAP’s staff for policy and administrative support, ranging from detailed

analyses to the preparation of agendas and minutes.

activities is included within the larger CMAP budget.

VENUE

Funding for the MPO Policy Committee’s

13. Venue is proper in Cook County, Illinois under Sections 2-101 and 2-103 of the

Illinois Code of Civil Procedure, 735 ILCS 5/2-101 and 2-103, because the Defendants CMAP

Board and MPO Policy Committee have their principal places of business in Chicago, Cook

County, Illinois. Defendants Illinois Department of Transportation and Ann L. Schneider, in her

official capacity as Secretary of the Illinois Department of Transportation, have offices and

transact and conduct business in Cook County.

Additionally, the transactions out of which

Plaintiffs’ causes of action arose occurred in Cook County, Illinois.

6

14.

APPLICABLE LAW

The Illinois Regional Planning Act

The

Illinois

Regional

Planning

Act,

705

ILCS

1707/1

et

seq.,

sets

forth

requirements for transportation planning in northeastern Illinois.

15. The Illinois Regional Planning Act created CMAP to serve as a consolidated

regional planning agency for northeastern Illinois.

CMAP’s stated purpose is “to plan for the

most effective public and private investments in the northeastern Illinois region and to better

integrate plans for land use and transportation.” 70 ILCS 1707/5.

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16. The Illinois Regional Planning Act created the CMAP Board as the governing

body of CMAP. 70 ILCS 1707/15.

The CMAP Board’s voting members are representatives of

the City of Chicago and seven counties in the Chicago metropolitan area. Id.

17. The Illinois Regional Planning Act requires that all MPO planning documents for

northeastern Illinois be first approved by the CMAP Board as a necessary precondition for the

MPO Policy Committee to then consider them for approval.

18.

The

Illinois

Regional

Planning

Act

specifically

states:

The

Board,

in

cooperation with local governments and transportation providers, shall develop a process for

making the transportation decisions that require final MPO approval pursuant to federal law.

That process shall comply with all applicable federal requirements.

The adopted process shall

ensure that all MPO plans, reports, and programs shall be approved by the CMAP Board prior to

final approval by the MPO.” 70 ILCS 1707/60(c) (emphasis added).

19. The Illinois Regional Planning Act further states:

Each local government,

transportation agency, and State agency shall cooperate with and assist the [CMAP] Board in

7

carrying out its functions and shall provide to the [CMAP] Board all information requested by

the Board.” 70 ILCS 1707/51.

20. The Illinois Regional Planning Act recognizes the Defendant MPO Policy

Committee as the designated metropolitan planning organization for the Chicago region.

70

ILCS 1707/60(a).

The MPO Policy Committee’s voting members are representatives from

transportation agencies, including State of Illinois agencies and local governments. At all times

relevant to this Complaint, Defendant Ann L. Schneider, in her official capacity as Secretary of

the Illinois Department of Transportation, served as the Chair of the MPO Policy Committee.

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The Federal-Aid Highway Act

21. The Federal-Aid Highway Act (“FAHA”), 23 U.S.C. § 101 et seq., sets out

requirements for state departments of transportation to receive federal financial assistance for

highway projects.

22. The FAHA requires the designation of a “metropolitan planning organization

(“MPO”) for every metropolitan area with a population of more than 50,000 individuals.

U.S.C. § 134(d)(1).

23

23. An MPO must approve two documents that describe all of the transportation

projects that are planned for its area: (1) the long-range Metropolitan Transportation Plan

(“MTP”) and (2) the shorter-term metropolitan Transportation Improvement Program (“TIP”).

23 U.S.C. § 134(i) and (j). The MTP must prioritize transportation projects needed over the next

twenty years, and the TIP must provide more detailed financial information on projects to be

completed during the next four years. Id.

8

24.

In order for a specific transportation project to be eligible to receive federal

financial assistance, the project must be included in both the MTP and TIP for the region. See,

e.g., 23 U.S.C. § 134(j).

25. The Illinois Regional Planning Act and the FAHA thereby provide a three-step

process for the approval of federal highway projects in northeastern Illinois:

(1)

The CMAP Board must first decide whether to approve a transportation plan or

program “prior to final approval” by the MPO Policy Committee. 70 ILCS 1707/60(c).

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(2)

If the CMAP Board votes to approve a transportation plan or program, only then

may the MPO Policy Committee consider and decide whether to approve the plan or program.

Id.

(3)

If the MPO Policy Committee approves the plan or program only then may IDOT

proceed with the federal highway projects that have been specifically included therein.

23

U.S.C. § 134(j).

26.

The

Public

Private

Agreements

for

the

Illiana

Expressway

Act

(“Illiana

Expressway Act”) was enacted in 2010 to authorize IDOT to develop the proposed Illiana

Tollway and to seek federal financial assistance for the project, subject to “all applicable

planning requirements otherwise required by law, including land use planning, regional planning,

transportation planning, and environmental compliance requirements.” 605 ILCS 130/55.

FACTS COMMON TO ALL COUNTS

IDOT’s Request to Amend CMAP’s Metropolitan Transportation Plan and Transportation Improvement Plan to Include the Proposed Illiana Tollway

27. The Illiana Tollway is a proposed new 47-mile long four-lane tollway that would

run from Interstate 55 near Wilmington, Illinois in southwestern Will County to Interstate 65

near Lowell, Indiana.

9

28.

IDOT stated that the overall construction cost of the Illiana Tollway would be at

least $1.3 billion of which the State of Illinois would be responsible for $1 billion.

29. The Illiana Tollway is proposed to run along the southern border of the Midewin

National Tallgrass Prairie, the nation’s first such designated tallgrass prairie.

30. The Illiana Tollway and its traffic would specifically adversely impact the

Midewin National Tallgrass Prairie.

31. In comments submitted during the environmental study process for the tollway,

the United States Forest Service, which administers and oversees the Midewin National Tallgrass

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Prairie, stated that the tollway would cause irreparable damageto the National Tallgrass

Prairies habitat due to its close proximity.

32. The Illiana Tollway and its traffic would adversely impact natural resources

regularly used and enjoyed by Plaintiffs’ members.

33. CMAP’s Metropolitan Transportation Plan (“MTP”) for the Chicago region is

often referred to as the GO TO 2040 Comprehensive Regional Plan (“GO TO 2040 Plan”).

34. On April 8, 2013, Defendant IDOT formally requested that CMAP amend its

MTP to include the proposed Illiana Tollway as a “fiscally constrained” capital project.

35. On or before July 26, 2013, Defendant IDOT also requested that CMAP amend its

Transportation Improvement Program (“TIP”) to include an additional $81.5 million in State

funding for the proposed Illiana Tollway through fiscal year 2015.

36. By its requests, IDOT triggered the first step of the three-step process described

above.

10

37.

Under the Illinois Regional Planning Act, the CMAP Board must first approve the

proposed amendments to the MTP, often referred to as the GO TO 2040 Plan, and, also, approve

the amended TIP “prior to final approval” by the MPO Policy Committee. 70 ILCS 1707/60(c).

The CMAP Board Denied IDOT’s Proposed Amendments

38. The Illinois Regional Planning Act provides that programs and plans, including

amendments to CMAP’s MTP, often referred to as the GO TO 2040 Plan, and TIP must “be

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approved by the CMAP Board prior to final approval by the MPO [Policy Committee].”

ILCS 1707/60(c).

70

39. IDOT’s requests to amend the MTP, often referred to as the GO TO 2040 Plan,

and TIP to specifically include the proposed new Illiana Tollway were placed on the CMAP

Board’s agenda for its October 9, 2013 meeting.

40. CMAP allowed a public comment period on IDOT’s proposals. On September 3,

2013, Plaintiffs Openlands, Sierra Club and other civic organizations, submitted a comment

letter

that

raised

concerns

transportation benefits.

over

the

proposed

Illiana

Tollway’s

high

costs

and

limited

41. In their September 3, 2013 comment letter, Plaintiffs also expressed concerns that

building the tollway would divert State transportation funds from other regional needs.

42. In their September 3, 2013 comment letter, Plaintiffs also identified negative

impacts that the proposed Illiana Tollway and its traffic would have on the Midewin National

Tallgrass Prairie, the Kankakee River and other natural resources that are used and enjoyed by

their members.

11

43.

On September 27, 2013, CMAP’s staff recommended that the CMAP Board and

the MPO Policy Committee not approve amending the MTP, often referred to as the GO TO

2040 Plan, to include the proposed Illiana Tollway.

44. CMAP staff’s September 27, 2013 recommendation document identified four

specific issues “that should be of particular concern” to the CMAP Board and MPO Policy

Committee in considering whether or not to approve IDOT’s request: (1) the proposed Illiana

Tollway’s costs and financial risks; (2) IDOT’s population growth assumptions that contradicted

those in CMAP’s MTP, often referred to as the GO TO 2040 Plan; (3) the proposed Illiana

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Tollway’s unsubstantiated potential for economic development; and (4) the proposed Illiana

Tollway’s limited benefits for regional mobility.

45. CMAP staff’s September 27, 2013 recommendation document estimated that

building the proposed Illiana Tollway would require a public subsidy from the State of Illinois of

$400 million to $1.1 billion during the term of the agreement with the private contractor, even

after taking into consideration potential toll revenues.

46. CMAP staff stated in its recommendation document that the proposed Illiana

Tollway would have “negligible impacts on regional transportation performance” because it

would be located well south of the Chicago metropolitan area’s major congested areas.

47. On October 9, 2013, the CMAP Board voted 10 to 4 against a motion that the

MTP, often referred to as the GO TO 2040 Plan, be amended to include the proposed Illiana

Tollway. See CMAP Board Minutes of October 9, 2013 Meeting at 5, attached as Exhibit A.

48. Because the CMAP Board voted 10 to 4 against the motion that the MTP, often

referred to as the GO TO 2040 Plan, be amended to include the Illiana Tollway, the CMAP

12

Board did not provide its “approv[al]” under the Illinois Regional Planning Act.

1707/60(c). See Exhibit A at 5.

70 ILCS

49. On October 9, 2013, the CMAP Board also voted unanimously to approve some

proposed amendments to CMAP’s TIP, but excluded IDOT’s proposed amendment of the TIP

that would have also included an additional $81.5 million of State funding to support the

proposed Illiana Tollway through fiscal year 2015. See Exhibit A at 6.

50. Because the CMAP Board voted against the motion that the TIP be amended to

include the proposed Illiana Tollway, the CMAP Board did not provide its “approv[al]” under

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the Illinois Regional Planning Act. 70 ILCS 1707/60(c). See Exhibit A at 6.

51. The CMAP Board thus did not provide its prior approval of IDOT’s proposed

amendments of the MTP, often referred to as the GO TO 2040 Plan, and the TIP as required

under the Illinois Regional Planning Act for those amendments and the proposed Illiana Tollway

to proceed to the MPO Policy Committee for consideration and final approval.

70 ILCS

1707/60(c).

52.

The

proposed

Illiana

Tollway

had

not

passed

“Step

1”

of

the

regional

transportation planning process, and the MPO Policy Committee accordingly lacked legal

authority to take any further action on the proposed Illiana Tollway.

The MPO Policy Committee Purports to Approve IDOT’s Proposed Amendments

53. The MPO Policy Committee exists as a body within CMAP.

54. The MPO Policy Committee conducts its business at CMAP’s offices.

55.

The

MPO

administrative support.

Policy

Committee

13

relies

on

CMAP’s

staff

for

policy

and

56. The CMAP staff’s support for the MPO Policy Committee includes technical

analyses.

57. The CMAP staff’s support for the MPO Policy Committee includes preparation

of agendas and minutes.

58. Funding for the MPO Policy Committee’s activities is included within the larger

CMAP budget.

59. After the CMAP Board’s October 9, 2013 votes to not approve the proposed

Illiana Tollway, IDOT continued to request that the MPO Policy Committee vote on IDOT’s

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proposed amendments of the MTP, often referred to as the GO TO 2040 Plan, and the TIP.

60. Despite the CMAP Board’s October 9, 2013 votes to not approve the Illiana

Tollway, the MPO Policy Committee scheduled a meeting to conduct its own vote on IDOT’s

proposed amendments.

61. On October 16, 2013, the Plaintiffs’ attorneys sent a letter to the CMAP Board

and MPO Policy Committee.

See Exhibit B.

The letter explained their legal view that, under

Section 60(c) of the Regional Planning Act, the MPO Policy Committee was not authorized to

“finally approve” the proposed amendment of the MTP, often referred to as the GO TO 2040

Plan, to include the proposed Illiana Tollway because the CMAP Board had rejected the

amendment. 70 ILCS 1707/60(c).

62. Defendant Ann L. Schneider, in her official capacity as the Secretary of the

Illinois Department of Transportation, served as the Chair of the MPO Policy Committee during

its October 17, 2013 meeting.

14

63. On October 17, 2013, the MPO Policy Committee voted 11 to 8 in favor of

amending the MTP, often referred to as the GO TO 2040 Plan, to include the proposed Illiana

Tollway. See Exhibit C at 9.

64. On October 17, 2013, the MPO Policy Committee also voted 11 to 8 in favor of

amending the TIP to include an additional $81.5 million of State funding for the proposed Illiana

Tollway through fiscal year 2015. See Exhibit C at 9.

65. At the MPO Policy Committee’s October 17, 2013 meeting, Defendant Ann L.

Schneider, Secretary of the Illinois Department of Transportation, cast votes in favor of

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amending the MTP, often referred to as the GO TO 2040 Plan, and the TIP to include the

proposed Illiana Tollway.

66. On October 24, 2013, CMAP’s Executive Director responded to the Plaintiffs’

attorneys’ October 16, 2013 letter. See Exhibit D.

67. In his October 24, 2013 letter, CMAP’s Executive Director stated that “federal

law vesting the [MPO] Policy Committee with authority to approve transportation plans trumps

state law.” See Exhibit D at 1.

68. In the October 24, 2013 letter, CMAP’s Executive Director further asserted that

“the final action of the Policy Committee to approve the Illiana amendment is binding.”

Exhibit D at 1.

See

69. CMAP’s position that federal law “trumps” the Illinois Regional Planning Act

expresses a legal position that Section 60(c) of the Act is unconstitutional. 70 ILCS 1707/60(c).

70. CMAP is a municipal corporation created under the Illinois Regional Planning

Act and has only the powers granted by Illinois law. Ill. Const. 1970, art. VII, sec. 8.

15

71. On information and belief, CMAP has not requested an advisory opinion from the

Illinois Attorney General regarding the constitutionality of Section 60(c) of the Illinois Regional

Planning Act.

72. On information and belief, the MPO Policy Committee has not requested an

advisory opinion from the Illinois Attorney General regarding the constitutionality of Section

60(c) of the Illinois Regional Planning Act.

73. On information and belief, IDOT has not requested an advisory opinion from the

Illinois Attorney General regarding the constitutionality of Section 60(c) of the Illinois Regional

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Planning Act.

IDOT’s Expenditures of Public Funds and Planned Expenditures

74. IDOT has disbursed at least $40 million of Illinois state funds to study the

proposed Illiana Tollway.

75. IDOT proposes to spend up to $500 million of public funds on the proposed

Illiana Tollway through 2019, with additional contributions required thereafter.

76. IDOT has been developing the proposed Illiana Tollway as a project intended to

receive federal financial support.

77. IDOT is requesting a loan from the Federal Highway Administration to support

developing the proposed Illiana Tollway.

78. On March 17, 2014, IDOT announced that the Federal Highway Administration

had determined that the proposed Illiana Tollway is eligible to apply for a federal loan.

79. IDOT is requesting that private contractors consider participating in a “public-

private partnership” agreement to construct the proposed Illiana Tollway.

16

80. IDOT advised CMAP that, under the proposed “public-private partnership”

agreement, the State of Illinois would be required to pay between $250 million and $300 million

during the years 2015 through 2017 for land acquisition, utility relocations, and engineering for

the tollway, and up to $200 million during the years 2018 and 2019 in “milestone payments” to

the private contractor.

81. IDOT stated that the State of Illinois would agree to pay the selected private

contractor guaranteed annual payments from 2018 to 2053 in exchange for the contractor

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building the tollway and keeping it open for use by traffic.

IDOT Continues to Develop the Illiana Tollway

82. Since the MPO Policy Committee’s October 17, 2013 meeting, IDOT has

publicly maintained that the MPO Policy Committee’s vote was legally effective in amending

the MTP, often referred to as the GO TO 2040 Plan, and the TIP to include the proposed Illiana

Tollway.

83. Public Act 98-0050 appropriates public funds to IDOT for the fiscal year ending

June 30, 2014.

84. Public Act 98-0050 includes two appropriations designated for costs associated

with the proposed Illiana Tollway (0596 and 0011-49442-7900-0213).

85. One of the appropriations designated for costs associated with the proposed

Illiana Tollway is from the Illiana Expressway Proceeds Fund.

86. One of the appropriations designated for costs associated with the proposed

Illiana Tollway is from the Road Fund.

87. Public Act 98-0050 also includes several appropriations designated for costs

associated with IDOT’s “Road Improvement Program.”

17

These include appropriations from the

State Construction Account Fund, Road Fund, Transportation Bond Series A Fund, and

Transportation Bond Series D Fund.

88. IDOT has included project engineering and land acquisition activities for the

proposed Illiana Tollway for the fiscal year ending June 30, 2014, and subsequent years, in its

“Highway Improvement Program” based on the TIP amendment which was the subject of the

MPO Policy Committee’s October 17, 2013 vote.

89. Since the MPO Policy Committee’s October 17, 2013 meeting, IDOT has

continued to carry out activities to develop the proposed Illiana Tollway as a federally assisted

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tollway.

90. IDOT’s activities for the proposed Illiana Tollway include: (1) carrying out an

ongoing

“public-private

partnership”

procurement

process;

(2)

seeking

federal

financial

assistance for the proposed Illiana Tollway from the Federal Highway Administration; and (3)

completing an ongoing environmental impact

study process required under the National

Environmental Policy Act, 42 U.S.C. § 4321 et seq.

91. IDOT intends to begin acquiring land to build the Illiana Tollway as soon as June

2014.

92. Defendant Ann L. Schneider will incur substantial expenses in her official

capacity as Secretary of the Illinois Department of Transportation in continuing to develop the

proposed Illiana Tollway.

18

COUNT I

Declaratory Judgment (735 ILCS 5/2-701) and Injunctive Relief

93. Plaintiff realleges Paragraphs 1 through 92.

94. The CMAP Board is required under the Illinois Regional Planning Act to

“develop a process” for making regional transportation decisions that “shall ensure that all MPO

plans, reports, and programs shall be approved by the CMAP Board prior to final approval by the

MPO [Policy Committee].” 70 ILCS 1707/60(c).

95. The CMAP Board has not approved IDOT’s proposed amendments of the MTP,

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often referred to as the GO TO 2040 Plan, and the TIP to include the proposed Illiana Tollway as

a “fiscally constrained” capital project.

96. The CMAP Board violated Section 60(c) of the Illinois Regional Planning Act by

not adopting a regional transportation decision-making process that ensures that all MPO plans,

reports, and programs were approved by the CMAP Board prior to final approval by the MPO

Policy Committee. 70 ILCS 1707/60(c).

97. Accordingly, the MPO Policy Committee had no authority to consider or approve

IDOT’s proposed amendments of the MTP, often referred to as the GO TO 2040 Plan, and the

TIP to include the proposed Illiana Tollway as a “fiscally constrained” capital project.

98. The MPO Policy Committee’s October 17, 2013 vote to amend the MTP, often

referred to as the GO TO 2040 Plan, and the TIP to include the proposed Illiana Tollway as a

“fiscally constrained” capital project violated Section 60(c) of the Illinois Regional Planning Act

and were not authorized under Section 60(c) of the Illinois Regional Planning Act. 70 ILCS

1707/60(c).

19

99. The MPO Policy Committee lacked legal authority to amend the MTP, often

referred to as the GO TO 2040 Plan, and the TIP to include the proposed Illiana Tollway.

100. IDOT’s continued development of the proposed Illiana Tollway is not authorized

under the Illiana Expressway Act, 605 ILCS 130/55, because the project has not complied with

all applicable planning requirements, including but not limited to Section 60 of the Illinois

Regional Planning Act.

101. IDOT’s actions requesting that the MPO Policy Committee approve the proposed

Illiana Tollway after the CMAP Board failed to approve and voted to reject IDOT’s proposed

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amendments of the MTP, often referred to as the GO TO 2040 Plan, and the TIP, and in

continuing to develop the proposed Illiana Tollway, have violated and continue to violate

IDOT’s duty under Section 51 of the Illinois Regional Planning Act, 70 ILCS 1707/51, to

“cooperate with and assist” the CMAP Board in carrying out its functions.

102. Unless the Defendants’ failures to comply with the requirements of the Illinois

Regional

Planning

Act

are declared

unlawful,

Plaintiffs

and

other

taxpayers

will

suffer

irreparable harm due to IDOT’s illegal disbursement of public funds, described in Paragraphs 74

through 81.

103.

Unless the Defendants’ failures to comply with the requirements of the Illinois

Regional

Planning

Act

are declared

unlawful,

Plaintiffs

and

other

taxpayers

will

suffer

irreparable harm to their use and enjoyment of the natural resources that would be adversely

impacted by the proposed Illiana Tollway.

104. Defendant CMAP Board’s position that federal law “trumps” Section 60(c) of the

Illinois Regional Planning Act is not supported by law.

CMAP is a municipal corporation

created under the Illinois Regional Planning Act and has only the powers granted by Illinois law.

20

Ill. Const. 1970, art. VII, sec. 8. IDOT, the CMAP Board and the MPO Policy Committee lack

authority to decide on their own that an Illinois state statute is unconstitutional and should not be

followed.

105. The CMAP Board’s position that federal law “trumps” the Illinois Regional

Planning Act also is not supported by law because the Illinois Regional Planning Act is not

inconsistent with federal law.

The Illinois Regional Planning Act’s requirement that the MPO

Policy Committee shall provide “final approval” to all MPO documents, 70 ILCS 1707/60(c), is

consistent with the requirements of the FAHA, 23 U.S.C. § 101 et seq. and other federal statutes.

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106. Plaintiffs have no adequate remedy at law. Plaintiffs’ requested relief will redress

the injuries to their members, and, unless this Court grants the requested relief, the Defendants’

actions will cause irreparable harm to the Plaintiffs’ and their members’ interests, including the

members’ and the public’s interests in: (a) the proper expenditure of public funds, (b) their use

and enjoyment of natural resources and areas that would be adversely impacted by the proposed

Illiana Tollway, (c) effective regional transportation planning, and (d) the lawful administration

of State statutes.

RELIEF REQUESTED

WHEREFORE, Plaintiffs respectfully request that this Court enter judgment in favor of

Plaintiffs and against Defendants and enter an Order:

1. Declaring that the Defendant CMAP Board has not complied with its duty under

the Illinois Regional Planning Act to develop and adopt a transportation decision-making process

that “ensure[s] that all MPO plans, reports, and programs shall be approved by the CMAP Board

prior to final approval by the MPO [Policy Committee], 70 ILCS 1707/60(c);

21

2.

Declaring that the Defendant MPO Policy Committee lacks authority under the

Illinois Regional Planning Act to amend CMAP’s approved MTP, often referred to as the GO

TO 2040 Plan, and CMAP’s approved TIP to include the proposed Illiana Tollway as a “fiscally

constrained” capital project;

3. Declaring that the Defendant MPO Policy Committee’s October 17, 2013 votes to

amend CMAP’s approved MTP, often referred to as the GO TO 2040 Plan, and amend CMAP’s

approved TIP to include the proposed Illiana Tollway as a “fiscally constrained” capital project

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are void and without legal effect;

4. Declaring that Defendants Illinois Department of Transportation and Ann L.

Schneider, in her official capacity as Secretary of the Illinois Department of Transportation, lack

legal authority to continue to develop the proposed Illiana Tollway;

5. Declaring that Defendants Illinois Department of Transportation and Ann L.

Schneider, in her official capacity as Secretary of the Illinois Department of Transportation, lack

legal authority to continue to spend public funds on the proposed Illiana Tollway;

6. Declaring that Defendants Illinois Department of Transportation and Ann L.

Schneider, in her official capacity as Secretary of the Illinois Department of Transportation, are

violating Section 51 of the Illinois Regional Planning Act, 70 ILCS 1707/51, by continuing to

spend public funds and otherwise taking actions to develop on the proposed Illiana Tollway;

7. Declaring that Defendants Illinois Department of Transportation and Ann L.

Schneider, in her official capacity as Secretary of the Illinois Department of Transportation, are

violating the Public Private Agreements for the Illiana Expressway Act by continuing to spend

public funds and otherwise taking actions to develop on the proposed Illiana Tollway even

though there have not been approvals of “all applicable planning requirements otherwise

22

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IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, CHANCERY DIVISION

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OPENLANDS, an Illinois not-for-profit

)

corporation, and SIERRA CLUB, a California not-

)

for-profit corporation,

)

)

Plaintiffs,

)

)

v.

)

)

ILLINOIS DEPARTMENT OF

)

TRANSPORTATION, an Illinois state agency;

)

ANN L. SCHNEIDER, in her official capacity as

)

Secretary of the Illinois Department of

)

Transportation; BOARD OF THE CHICAGO

)

METROPOLITAN AGENCY FOR PLANNING,

)

an Illinois municipal corporation; and MPO

)

POLICY COMMITTEE, an Illinois public

)

agency,

)

)

Defendants.

)

No.

EXHIBITS TO VERIFIED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

LIST OF EXHIBITS

Exhibit A: CMAP Board Minutes of October 9, 2013

Exhibit B: ELPC Legal Letter to CMAP and MPO Policy Committee October 16, 2013

Exhibit C: MPO Policy Committee Minutes of October 17, 2013 Meeting

Exhibit D: CMAP Response Letter to ELPC October 24, 2013

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Exhibit A: CMAP Board Minutes of October 9, 2013

Agenda Item No. 3.0

Agenda Item No. 3.0

Chicago Metropolitan Agency for Planning (CMAP)

Board Meeting Minutes

October 9, 2013

Offices of the Chicago Metropolitan Agency for Planning (CMAP) Cook County Conference Room Suite 800, 233 S. Wacker Drive, Chicago, Illinois

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Board Members

Present:

Staff Present:

Others Present:

Gerald Bennett, CMAP Board Chair-representing southwest Cook County, Rita Athas-representing the City of Chicago, Frank Beal- representing the City of Chicago, Roger Claar-representing Will County, Elliott Hartstein-representing Lake County, Al Larson- representing northwest Cook County, Lisa Laws-representing the City of Chicago, Raul Raymundo-representing the City of Chicago, Rick Reinbold-representing South Suburban Cook County, William Rodeghier-representing West Cook County, Carolyn Schofield- representing McHenry County, Peter Silvestri-representing Cook CountyRae Rupp Srch-representing DuPage County, Tom Weisner- representing Kane and Kendall Counties, and non-voting members Sean O’Shea-representing the Governor’s office and Leanne Redden- representing the MPO Policy Committee.

Randy Blankenhorn, Jill Leary, Dolores Dowdle, Don Kopec, Bob Dean, Matt Maloney, Doug Ferguson, and Sherry Kane

Susan Campbell, Mike Albin-DMMC, Tom Agems-Homewood Disposal, Andrew Armstrong-Environmental Law & Policy Center, Bob Barber-Village of Beecher, Jennifer Becker-Kane/Kendall Council of Mayors, Keith Benman-Times, Dave Bennett-Metropolitan Mayors Caucus, Mike Bossert-Kankakee County Board, Max Bosso-Village of Elwood, Brian Carlson-IDOT, Ignacio Carrillo-SSAC, Bruce Christensen-Lake County, Chalen Daigle-McHenry County Council of Mayors, Jack Darin-Sierra Club, Bola Delano-IDOT, John Donovan- FHWA, Roger Driskell-IDOT, Fr. Len Dubi-SSAC, Kevin Duffy-Indiana Harbor Belt RR, Bud Fleming-SSMMA, John Fortmann-IDOT, Manny Gonzales-ELPC, John Greuling-Will County CED, John Gregory-IRN, Scott Gryder-Kendall County, Luann Hamilton-CDOT, Alicia Hanlon- Will County, Pete Harmet-IDOT, Alex Hernandez-the Bugle, Rev. James Hunt-SSAC, Ike Isaac-WGN TV9, Clayton Jirak-citizen, Jenny

Kim-NBC5, Patrick Knapp-Kane/Kendall COM, Grant Klinzman-State of Illinois, Leon Krant-BLA, Katie Kukielka-IDOT/AECOM, Ed Maher- Local 150, Stacy Meyers-Openlands, Don Moran-Will County Board, Hugh O’Hara-Will County Governmental League, Nick Narducci- Village of Elwood, Omer Osman-IDOT, Phyllis Palmer-DCP, Marta Perales, Mark Pitstick-RTA, Mike Puente-WBEZ, Marni Pyke-Daily Herald, Chris Schmidt-IDOT, Dave Seglin-CDOT, John Shaw-Kendall County, Ron Shimizu-Parsons Brinckerhoff, Karen Shoup-IDOT, Frank Shultan-Cook County, Peter Skosey-MPC, Vicky Smith-SW Conference, Deb Spencer-MPC, Chris Staron-NWMC, Ryan Griffin-Steginh-MPC, Susan Stitt-IDOT, Mike Sullivan-Kane/Kendall Council of Mayors, Greg Szymanski-Village of Beecher, Michael Tercha-Tribune Photography, Casey Toner-Sun Times, Tom VanDerWoude-SSMMA, Mike Walczak- NWMC, Laura Wilkison-Metro Strategies, Rich Wronski-Chicago Tribune, John Yonan-Cook County, Patrick Young-Local 150and Barbara Zubek-SW Conference.

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1.0

Call to Order and Introductions CMAP Board Chair, Mayor Gerald Bennett, called the meeting to order at 9:30 a.m., and asked Board members to introduce themselves.

2.0

Agenda Changes and Announcements There were no agenda changes. Board Chair Mayor Bennett announced that Susan Campbell and Heather Weed Niehoff, both representing the City of Chicago, would be leaving the Board. Bennett, on behalf of all the Board thanked them for the time and dedication they gave to the agency and wished them well. Mayor Bennett welcomed Lisa Laws, a new appointee representing the City of Chicago, announced that Rita Athas, also representing the City of Chicago had been reappointed to the Board and welcomed Mayor Tom Weisner of Aurora and President William Rodeghier from the Village of Western Springs, both of whom were attending for the first time.

Agenda Item No. 7.0 a report of GO TO 2040 Implementation, Board Chair Bennett announced, would be tabled and considered at another meeting. And finally, Bennett congratulated CMAP on its eighth birthday and the third anniversary of GO TO 2040.

3.0

Approval of Minutes

A

motion to approve the minutes of the September 11, 2013 meeting of the CMAP Board

as

presented was made by Elliott Hartstein and seconded by Rae Rupp Srch. All in favor,

the motion carried.

4.0

Executive Director’s Report An update of the Local Technical Assistance (LTA) program had been included in the board packet and later in the meeting, Executive Director Randy Blankenhorn reported, the Board will consider approving additional projects into the program. Having been

invited to speak at a public hearing of the Northeastern Illinois Public Transit Task Force

to speak, Blankenhorn turned to Raul Raymundo, a member of the task force who

reported that the task force will be, among other issues, addressing the overall

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coordination with respect to planning. Blankenhorn also reported that Deputy Director Don Kopec had been named as a recipient, at the national level, of an individual leadership award by the Association of Metropolitan Planning Organizations (AMPO). In an effort to diversify its funding stream, CMAP has a number of pending grants, Blankenhorn continued: a 3-year, $447,118 grant through the Illinois Attorney General’s office to develop a Housing Policy Planning Toolkit; a $200,000 grant from U.S., Department of Commerce to expand existing Local Technical Assistance (LTA) to areas of economic/workforce development; a $150,000 grant from the Chicago Community Trust to cover projects that are not covered by transportation-related funding; and, a $224,000 grant through the Illinois Environmental Protection Agency (IEPA) for work related to the Boone Creek Watershed-Based Plan. Regarding CMAP Funding, Blankenhorn explained the process by which CMAP invoices the Illinois Department of Transportation (IDOT) and history of how CMAP had been reimbursed. Blankenhorn went on to say that the State of Illinois is out of compliance with federal law, that CMAP had to suspend payments to contractors and local government partners on two occasions since August, that the on-going delay is creating a serious cash flow situation for CMAP, and that CMAP has asked the FHWA to enforce the federal law that requires IDOT’s reimbursements in a timely manner.

5.0 Committee Reports President Rick Reinbold, on behalf of the Local Coordinating Committee reported the following from the meeting that occurred earlier in the morning. The committee welcomed two new members representing the City of Chicago, Rita Athas and Lisa Laws. The committee considered and will be recommending approval of the Local Technical Assistance (LTA) program. Reinbold also reported that CMAP has been seeking external resources to support projects in the LTA program that do not relate directly to transportation which will allow CMAP to continue to pursue a broad range of projects through the LTA program.

Elliott Harstein, Chair of the Regional Coordinating Committee reported the following from the meeting that had also occurred earlier in the morning. The committee considered and recommended Board approval of the FY 2014-2018 CMAQ program (federal funds for air quality non-attainment areas for transportation projects that mitigate congestion or improve air quality), committing $286 million to 51 projects. The committee also discussed the proposed amendment to GO TO 2040 that would include the Illiana Corridor project and voted not to amend the plan. Hartstein would report additional details later in the meeting. Also considered by the Committee was the Transportation Improvement Program (TIP), Hartstein continued, and accompanying air quality conformity analysis, resulting in the Committee recommendation that the Board approve the amendment, excepting the change that would bring the Illiana project into the TIP. Finally, staff presented a summary of the major components of the GO TO 2040 financial plan update process as well as an overview of recent policy changes and actions undertaken by federal, state, and local entities that may affect transportation revenue trends during the planning period.

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6.0

CMAP Board Vice Chair Following last month’s naming of the Executive Committee, the City of Chicago had made two new appointments to the CMAP Board which had created a vacancy in the position of Vice Chair. Chairman Mayor Bennett suggested that newly reappointed board member Rita Athas fill the position. A motion by President Al Larson naming Rita Athas as Vice Chair to the CMAP Board and Chair of the Local Coordinating Committee was seconded by Commissioner Peter Silvestri, and with all in favor, carried.

7.0

GO TO 2040 Implementation The GO TO 2040 Implementation report was tabled and will be considered at the Board’s next meeting.

8.0

Selection of Local Technical Assistance (LTA) Program Projects CMAP staff Bob Dean reported briefly that thirty-two (32) projects are recommended to be pursued through the Local Technical Assistance (LTA) program, that the Local Coordinating Committee had considered the staff’s recommendation for project selection earlier in the morning and were able to recommend approval of the projects by the CMAP Board. A motion by Commissioner Peter Silvestri was seconded by President William Rodeghier to approve the selection of Local Technical Assistance (LTA) projects as has been presented. All in favor, the motion carried.

9.0

Proposed Amendment to GO TO 2040 -- Illiana Corridor Opening the discussion, Executive Director Randy Blankenhorn cited the following four areas of concern that were included in the staff recommendation not to amend GO TO 2040 that would include the Illiana Corridor project: (a) financial risk, (b) contradictory growth assumptions, (c) unsubstantiated economic development potential, and (d) limited benefits to regional mobility. Blankenhorn touched briefly on each of the concerns and concluded with the following summary. Staff has concerns with the highway’s location, its financial viability and necessary unknown public sector resources, its minor benefit for economic growth and congestion relief, its potential impact on natural resources particularly the Midewin Tallgrass Prairie, its potential conflicts with the Abraham Lincoln National Cemetery, and finally, its implications for the timely construction of other important transportation investments in the region. Most importantly, Blankenhorn added, is concern that approving the Illiana project would undermine the region’s commitment to GO TO 2040.

CMAP Board member and Regional Coordinating Committee chair Elliott Hartstein gave a summary of the discussion that had occurred earlier in the morning at the Coordinating Committee, reporting that the Transportation Committee in a vote of 10-7, with 4 abstentions, did support the Illiana project emphasizing reduced congestion on I-80 and economic development potential in southern Will County. However, Hartstein continued, other CMAP working committees, among those Environment & Natural Resources, Economic & Community Development, Human & Community Development did not favor including the project and both the Land Use and Housing Committees, being split, were unable to take a position. Following a lengthy discussion at the Regional

Coordinating Committee, Hartstein concluded, 7 were in favor of staff recommendation, 3 opposed and 2 abstained from voting.

IDOT staff, Pete Harmet also reported to the Board explaining the process and comparing the project to others included in the plan. Harmet discussed the Public Private Partnership (P3) to the extent that he was able and suggested that the road would pay for itself in 35 years. Harmet also reported that the Federal Highway Authority (FHWA) had reviewed the cost estimates, that the analysis had proved the project was strong and compared benefits to those of the Eisenhower Expressway project also in the plan.

Board members, particularly Sean O’Shea, representing the Governor’s office, Mayor Roger Claar, representing Will County, Elliott Hartstein, representing Lake County and CMAP Board Chair Mayor Gerald Bennett offered their respective positions.

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Related to the proposed amendment of GO TO 2040 that would include the Illiana Corridor project, each of the following were given three minutes to address the CMAP Board. Briefly stated, they either opposed or supported the amendment.

- John Greuling, President and CEO of the Will County Center for Economic Development (support)

- Don Moran, District 3-Will County Board (support)

- Stacy Meyers, Openlands (opposed)

- Peter Skosey, Vice President-MPC (opposed)

- Michael Bossert, Chair-Kankakee County Board (support)

- Nick Narducci, representing the Village of Elwood (opposed)

- Reverend James Hunt, South Suburban Action Conference (support)

- Father Len Dubi, South Suburban Action Conference (support)

- Max Bosso, the Village of Elwood (opposed)

- Patrick Hosty, Chicago Area Laborers-Employers Cooperation & Education Trust (support)

- Andrew Armstrong, Environmental Law & Policy Center (opposed)

A motion by Frank Beal was seconded by Peter Silvestri to amend the GO TO 2040 Plan to

include the Illiana Corridor project.

Gerald BennettNo

Raul RaymundoNo

Rita AthasNo

Rick ReinboldYes

Frank BealNo

William RodeghierNo

Roger ClaarYes

Carolyn SchofieldNo

Elliott HartsteinNo

Peter SilvestriNo

Al LarsonNo

Rae Rupp SrchYes

Lisa LawsNo

Thomas Weisner--Yes

Andrew Madigan--Absent

 

A roll-call vote (4-10 and 1 absent) resulted in a failed motion.

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10.0

Approval of GO TO 2040/TIP Conformity Analysis and TIP Amendments Executive Director Randy Blankenhorn briefly explained that twice each year CMAP considers an amendment to the Transportation Improvement Program for projects affecting air quality. The Regional Coordinating Committee reviewed the amendment and accompanying analysis and recommended that the Board adopt the amendment, excepting the change that would bring the Illiana project into the TIP. The committee also recommended that the Board find that GO TO 2040 and the TIP as amended without the Illiana project meet air quality conformity requirements. A motion was made by Mayor Larson and seconded by Carolyn Schofield to approve the GO TO 2040/TIP conformity analysis and TIP amendments that would exclude the Illiana Corridor project. All in favor, the motion carried.

11.0

Congestion Mitigation and Air Quality (CMAQ) Improvement Program FFY2014-2018 Proposed Program CMAP staff Doug Ferguson reported that material supporting the proposed Congestion Mitigation and Air Quality (CMAQ) Improvement Program, covering FFY2014-2018 had been included in the Board packet for consideration. The $286 million in funding for 51 projects is in addition to funds programmed in prior funding cycles and gives the region a five year program total of $582 million, Ferguson continued. Developed by the CMAQ Project Selection Committee and released for a public comment period during the month of August, both the Transportation Committee and the Regional Coordination Committee have reviewed the program and recommend approval by the CMAP Board. A motion by Carolyn Schofield was seconded by Rae Rupp Srch to approve the program as presented. All in favor, the motion carried.

12.0

Federal Transportation Certification Review John Donovan of the Federal Highway Administration reported that the Federal Transportation Certification Review would be postponed because of the number of federal employees, particularly the Federal Transit Administration, being furloughed by the recent shutdown.

13.0

Public Comment The public comment portion of the meeting was detailed under Item No. 9.0 Proposed Amendment to GO TO 2040Illiana Corridor.

14.0

Other Business There was no other business before the CMAP Board.

15.0

Next Meeting The CMAP Board is scheduled to meet next on November 13, 2013.

16.0

Adjournment At 11:20 a.m., a motion to adjourn by President William Rodeghier was seconded by Commissioner Peter Silvestri. All in favor, the motion carried.

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10-16-2013

/stk

Respectfully submitted, Jill Leary, Chief of Staff
Respectfully submitted,
Jill Leary, Chief of Staff

Approved as presented by unanimous vote, November 13, 2013.

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Exhibit B: ELPC Legal Letter to CMAP and MPO Policy Committee October 16, 2013

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Mayor Gerald Bennett Chair, CMAP Board of Directors

233 South Wacker Drive, Suite 800

Chicago, Illinois 60606

Randy Blankenhorn

Executive Director, CMAP

233 South Wacker Drive, Suite 800

Chicago, Illinois 60606

October 16, 2013

IDOT Secretary Ann Schneider Chair, CMAP MPO Policy Committee 233 South Wacker Drive, Suite 800 Chicago, Illinois 60606

Illiana Tollway Requested GO TO 2040 Plan Amendment

Dear Mr. Bennett, Secretary Schneider and Mr. Blankenhorn:

The Environmental Law & Policy Center (ELPC) brings to your attention the following particular provision of the Regional Planning Act, the Illinois state law which created the Chicago Metropolitan Agency for Planning (CMAP) and the CMAP MPO Planning Committee (Planning Committee). Section 60(c) of the Regional Planning Act states:

Sec. 60. Transportation decision-making

*

*

*

(c) The [Chicago Metropolitan Agency for Planning] Board, in cooperation with local

governments and transportation providers, shall develop and adopt a process for making the transportation decisions that require final MPO approval pursuant to federal law. That process shall comply with all applicable federal requirements. The adopted process shall ensure that all MPO plans, reports, and programs shall be approved by the CMAP Board prior to final approval by the MPO. 70 ILCS 1707/60(c) (emphasis added).

As you know, the CMAP Board voted 10 to 4 (1 abstaining), to reject the Illinois Department of Transportation’s (IDOT) request to include the proposed Illiana Tollway in the GO TO 2040 regional transportation plan. The “shall be approved” statutory language in 70 ILCS 1707/60(c) is mandatory. The CMAP Board did not “approve,” but, instead, has clearly rejected the requested modification to the transportation plan “prior” to its consideration by the CMAP MPO Planning Committee. Accordingly, the CMAP MPO Planning Committee may not seek to provide “final approval” for the Illiana Tollway proposal.

the CMAP MPO Planning Committee may not seek to provide “final approval” for the Illiana Tollway
the CMAP MPO Planning Committee may not seek to provide “final approval” for the Illiana Tollway

CMAP is a unit of local government created by State law, and the CMAP Planning Committee is the region’s MPO as designated and created by the same state statute. 70 ILCS 1707/1 et seq. CMAP has only those powers granted by State law. Ill. Const. 1970, Art. VII, §8. The CMAP Board and the CMAP MPO Planning Committee must act in compliance with the statute under which they were created. Neither the CMAP Board nor the CMAP MPO Planning Committee may act outside, ultra vires, of the Illinois enabling statute. Both the CMAP Board and the CMAP MPO Planning Committee must follow the Illinois statutory provision, which states in pertinent part that: “The adopted process shall ensure that all MPO plans, reports, and programs shall be approved by the CMAP Board prior to final approval by the MPO.” 70 ILCS

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1707/60(c).

If CMAP, through the CMAP Board and the CMAP MPO Policy Committee, has established or implements an approval process in this Illiana case that does not fully apply and comply with the specific language of 70 ILCS 1707/60(c), as quoted above, then these agencies are violating state law. CMAP, the CMAP Board and the CMAP MPO Policy Committee may not ignore or somehow attempt to “interpret away” this Illinois statutory language and requirement.

If CMAP, the CMAP Board and the CMAP MPO Policy Committee believe that there is some legal reason why the agency cannot or should not comply with 70 ILCS 1707/60(c) or some other provision of state law, then it can: (1) Seek clarifying amendments or other changes in the statute from the Illinois General Assembly; and/or (2) Through the Illinois Department of Transportation seek a written legal opinion from the Illinois Attorney General. In appropriate, extraordinary cases, CMAP might attempt to seek a declaratory judgment or other such action by the courts. However, CMAP, the CMAP Board and the CMAP MPO Policy Committee cannot fail to follow state law, including 70 ILCS 1707/60(c).

The Environmental Law & Policy Center appreciates your and CMAP’s consideration of this legal issue. We would also appreciate your distributing this letter to the members of the CMAP Board and the CMAP MPO Policy Committee. Thank you for your consideration.

Sincerely,

Committee. Thank you for your consideration. Sincerely, Howard A. Learner Andrew Armstrong Attorneys for the

Howard A. Learner Andrew Armstrong Attorneys for the Environmental Law & Policy Center

cc: Illinois Attorney General Lisa Madigan

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Exhibit C: MPO Policy Committee Minutes of October 17, 2013 Meeting

Agenda Item No. 3.0

Agenda Item No. 3.0

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MPO Policy Committee

Minutes October 17, 2013

Cook County Conference Room 233 S. Wacker Drive, Suite 800 Chicago, Illinois

MPO Policy Committee Members Present:

Reggie Arkell Federal Transit Administration, Kay Batey Federal Highway Administration, Gerald Bennett - Chicago Metropolitan Agency for Planning, Forrest Claypool, Chicago Transit Authority, Tom Cuculich DuPage County, Gabe Klein Chicago Department of Transportation, Joe Korpalski McHenry County, Rich Kwasneski Pace, Kristi Lafleur Illinois Tollway, Christopher J. Lauzen - Kane County, Aaron Lawlor - Lake County, Wes Lujan - Class I Railroads, Donald Orseno - Metra, Leanne Redden Regional Transportation Authority, Jeffery Schielke - Council of Mayors, Secretary Ann Schneider - Illinois Department of Transportation, John Shaw Kendall County, Larry Walsh Will County, John Yonan - Cook County

MPO Policy Committee Members Absent:

None

Staff Present:

Aleman, Erin; Berry, Patricia; Blankenhorn, Randy; Dean, Bob; Kopec, Don.

Others Present:

Agema, Tom; Albin, Mike; Bailey, Linda; Barber, Bob; Barry, Ed; Becker, Jennifer; Benman, Keith; Bixby, David; Blackburn, Will; Bossert, Michael; Bosso, Max; Botts, Paul; Brooks, Herbert; Brubaker, Kevin; Bryant, Rick; Buget, Faith; Bunte, Gerry; Burke, Ron; Byars, Chris; Byrne, Dominick; Cann, Brian; Cappeller, Fred; Ceveuh, John; Choca - Urban, Maria; Christensen, Bruce; Ciavarella, Lynette; Cizmar, Jim; Connelly, Mike; Cook, Joe; Cooper, Jim; Coreland, Mark; Culvertson, Ronald; Daigle, Chalen; Daniel, John; Darin, Jack; Delano, Bola; Donovan, John; Driskon, Ruge; Dubi, Len; Duffy, Kevin; Duran, Rich; Farquitar, Jay; Fleming, Bud; Forti, Mike; Freemark, Yonah; Freitag, Ragan; Friefeld, Bruce; Fritz, Matt; Gardner, Danielle; Gates-Hamann, Virginia; Gazzarno, Jordan; Gonzales, Manuel; Goodson, Lee A.; Gould, Bruce; Gray, George; Greenberg, Eric; Gregory, John; Griffin-Stegink, Ryan; Grimshaw, Jackie; Gryder, Scott; Guida, Anothony; Hamann, Bruce; Hamilton, Luann; Handwork, David; Hanlon, Alicia; Harmet, Pete; Hart, Suzanne; Heinrich, Jerry; Hernandez, Alex; Hernard, Alex; Hightower, Tiffany; Holland, Jim; Hosty, Patrick; Hunt, James; Hutchinson, Toi; Ingersoll, Charles; Jirak, Clayton; Johnson J.D., Rev. Mitchel L.; Jones, Jonathan; June, Casey; Kelly, Robin; Kernc, Terry

Kleinik, Michael; Kleinmark, Dan; Kohler, Jon Paul; Kukielka, Katie; Kunz, Brent; Lazzara, Steve; Leonard, Edward; Macellaio, Mike; Maher, Edward; Manzo III, Frank; McGuire, Pat; McLaughlin, Kevin; McMahon, Eamon; Melis, Allan; Meyer, Jerry; Meyers, Stacy; Moran, Don; Morse, Tracy; Mussman, Harold; Mussman, Patricia; Narducci, Nick; Negovn, Tom; Ogalla, Judy; OKeefe, Diane; Osman, Omer; Paleologoes, Mary; Palmer, Nick; Palmer, Phyllis; Perales, Marta; Pitstick, Mark; Poulos, Mark; Prince, Kevin; Puente, Michael; Pyke, Marni; Quigly, Steve; Ranieri, Ariel; Reaves, Brian; Riley, Al; Roberts, Bob; Roberts, Brian; Rogina, Robert; Roja, Will; Ross, T.J.; Rossborough, Tim; Sanfilippo, James; Schilke, Steve; Seglin, David; Shaw, John; Shimizu, Ronald; Shoup, Karen; Shuftan, Frank; Sing, Kevin; Skosey, Peter; Skvukrad, Cindy; Smith, Kyle; Smith, Vicky; Spencer, Deb; Staron, Chris; Sturino, Mike; Sullivan, Jim; Szymanski, Greg; Trigg, Paula; Urbaszewski, Brian; Van Mill, Michael; Vanausdoll, LeighAnn; Vance, Steven; Vota, Georgette; Walczak, Mike; Walsh Jr., Larry; Webber, Tammy; Wierciak, Tammy; Wronski, Rich; Zaleski, Alex; Zucchero, Rocco.

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1.0

Call to Order and Introductions Secretary Schneider called the meeting to order at 3:00 p.m.

3:00 p.m.

2.0

Agenda Changes and Announcements There were no changes or announcements

3.0

Approval of Minutes June 13, 2013 On a motion by Mr. Cuculich, seconded by Mayor Schielke, the minutes of June 13, 2013 were approved.

4.0

Agency Reports

4.1 Council of Mayors’ Report

Mayor Schielke reported that the Council of Mayors Executive Committee met on September 10. The region has spent over $57 million, or 60%, of the Council’s programming mark for 2013. The Council’s 2013 expenditures exceeded our 2013 allotment, so we have started to spend into our unobligated balance. The Executive Committee considered and approved an additional $4 million in advanced funding. The region’s proposed CMAQ program and progress toward reaching our 2013 goal was also discussed. Reports were given on various topics including several on our agenda today. The Council of Mayors Executive Committee meets next on Tuesday November 19, 2013.

4.2 CMAP Board Report

Ms. Redden reported that the CMAP Board has met twice since the last meeting of the MPO Policy Committee in June.

At their September meeting, the CMAP Board elected officers and members of their Executive Committee received a staff report on the GO TO 2040 Update process, and discussed public comments on the Illiana Corridor project.

At their October meeting last week, the CMAP Board approved the proposed FFY 2014- 2018 CMAQ program and approved the selection of new projects for the Local Technical

Assistance (LTA) program. The CMAP Board voted 10 to 4 against amending the GO TO 2040 Plan to include the Illiana Corridor project. All three of those items are also on the Policy Committee agenda today.

4.3 CMAP Staff Report

Mr. Kopec stated the first meeting of the Regional Freight Leadership Task Force will be held tomorrow at 9:30 a.m. in the Cook County room at the CMAP offices. The group will examine how freight institutions have been developed in other regions, potential institutional models, the impact of operational and capital improvements and revenue strategies to support freight movement. Mr. Kopec continued to state that the U.S. Environmental Protection Agency recently redesignated the Chicago region in attainment of the 1997 fine particulate matter, or soot standard. While this is good news and indicates that we are making progress in cleaning up the air, it must be noted that USEPA has issued new, tighter standards that will go into effect within the next year, likely putting us out of attainment again. So while we are making progress, there is still much more to do to clean up our region’s air quality.

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Mr. Blankenhorn stated that Mr. Kopec was honored by the Association of Metropolitan Planning Organizations for Outstanding Individual Leadership.

5.0

Nominating Committee for the office of MPO Policy Committee Vice-Chairman Mayor Schielke reported on behalf of the nominating committee that included Rocco Zucchero of the Illinois State Toll Highway Authority, T.J. Ross of Pace Suburban Bus, Frank Beal of Chicago Metropolitan Agency for Planning, and John Yonan of the Cook County Department of Transportation and Highways. Their decision is to nominate Lake County Chairman Aaron Lawler as the vice-chairman of the MPO Policy Committee. Mayor Schielke made a motion, seconded by Mr. Kwasneski to approve Mr. Lawler as vice-chairman of the MPO Policy Committee, with a vote of all ayes, the motion carried.

6.0

Naming of Transportation Committee Chair and Vice Chair Chairman Schneider recommended that Michael Connelly of the Chicago Transit Authority be the chair of the Transportation Committee and Jennifer (Sis) Killen of the Cook County Department of Transportation and Highways be the vice-chair of the Transportation Committee. Chairman Schneider thanked Leanne Redden for chairing the Transportation Committee for the last two years. Ms. Redden made a motion, seconded by Mayor Schielke to approve Michael Connelly of the Chicago Transit Authority as chair and Jennifer (Sis) Killen of the Cook County Department of Transportation and Highways as vice-chair of the Transportation Committee, with a vote of all ayes, the motion carried.

7.0

Congestion Mitigation and Air Quality Improvement Program (CMAQ) Ms. Berry stated that in the meeting material is a proposed program of projects for the Congestion Mitigation and Air Quality Improvement Program. The program funds projects in Federal Fiscal Years 2014 through 2018. The proposed program is comprised of 51 projects totaling $286 million and is recommended for approval by the Transportation Committee. Combined with already programmed projects, the region will have a five year program of $582 million. As Don reported, the region has met the 1997 PM2.5

standard, but will not meet the revised standard. The MAP-21 requirement that 25 percent of CMAQ investments are in projects that reduce fine particulate matter (PM2.5) will continue to apply to our region. With these projects, emissions of volatile organize compounds; nitrogen oxides and particulate matter will be reduced. Mr. Klein made a motion, seconded by Mr. Cuculich to approve the FFY 2014-2018 Congestion Mitigation and Air Quality Improvement Program, with a vote of all ayes, the motion carried.

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8.0

Selection of Local Technical Assistance (LTA) Program Projects Mr. Dean stated the the Local Technical Assistance proposed program of projects has been recommend for approval to the MPO Policy Committee by the Transportation Committee. He continued that the CMAP board approved the program of projects at their October 9,

2013

meeting. Mayor Schielke made a motion, seconded by Don Orseno to approve the

Local Technical Assistance Program of Projects, with a vote of all ayes, the motion carried.

9.0

National Highway System (NHS) Mr. Kopec reported that one of the changes implemented by MAP-21 was an expansion of

the National Highway System adding to it all principal arterials in the region. There is also an increased emphasis on performance measurement for this system. Accordingly, CMAP took an in-depth look at our system which included conversations with our partner agencies to assure that the NHS was appropriately defined. We are requesting approval of NHS changes in Cook, DuPage, and Kane Counties consisting of additions, deletions, and modifications of existing routes. The updates were conducted to:

Reflect recent system planning updates (e.g. Central Avenue)

Reflect up-to-date highway planning and new construction, including the Stearns Road bridge in Kane County (also to be included in the SRA System)

Address technical corrections, reflecting everything from closed roads to limit changes to new additions to the system resulting from MAP-21, which added all principal arterials to the NHS.

Requested changes are the result of local agency review, including county and municipal jurisdictions, and IDOT coordination

If approved today, the proposed NHS changes will need subsequent approvals by IDOT and the USDOT.

Mayor Schielke made a motion that was seconded by Gabe Klein to approve the changes to the NHS system. The vote is all ayes, motion passes.

10.0

Human Services Transportation Plan (HSTP) Mr. Kopec reported that the region’s Human Service Transportation Plan has been updated by the RTA in response to changes mandated by MAP-21, specifically the merging of the New Freedom program into the Section 5310 program. 5310 funds projects for the enhanced mobility of seniors and individuals with disabilities. The updated HSTP

builds on the region’s currently adopted plan, examines the existing conditions and needs in the region, and identifies strategies to address these needs. The plan also includes updated selection criteria that will be used to evaluate and select projects using Section

5310 funds. The plan was adopted by the RTA Board at their last meeting. Gabe Klein

made a motion that was seconded by Mayor Bennett to approve the HSTP. The vote is all ayes, motion passes.

11.0 Proposed Amendment to GO TO 2040 Illiana Corridor Chairman Schneider stated that there are additional letters from IDOT at each members place and read off the signatories. She continued by stating that the next step, after today’s vote, is the procurement process for the public/private partnership. IDOT will then be able to evaluate the proposals on whether it is right for the citizens of Illinois.

Mr. Blankenhorn gave an overview of the CMAP staff recommendation for the Illiana Corridor. In return, Mr. Harmet provided information from IDOT regarding the Illiana Corridor. Chairman Schneider concluded the presentations by stating that Illinois and Indiana agreed on the Public/Private partnership process two weeks ago.

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Mr. Walsh stated that Will County is the 4 th most populated county in Illinois, and in the last twenty years is the fastest growing county in Illinois and one of the fastest growing counties in the nation. Close to 700,000 residents and all projections relate that it will be the second most populated county in Illinois by 2030/35. Will County is home to CenterPoint intermodal in Elwood that is doing 100,000’s of lifts each year. Union Pacific has a distribution yard in Joliet and there is remaining capacity. He stated that Bridgeport has proposed a 2,000 acre facility that will include 20-25 million square feet under roof for development. The number of vehicles on arterial roads and the interchange at I-80 and IL RT 53 is not designed for truck traffic. He states this is the present, what will the future hold? He stated Will County is the largest inland port in North America. The need for safe highway conditions is the first and foremost issue. CenterPoints investment is over $2 billion in our area and has created thousands and thousands of jobs. He continued that this roadway will be economic development for north of the road including the South Suburban Airport. Hopefully this will promote the revitalization of the area through economic development. The municipalities along the route are all in favor and support of the project.

Mr. Hartstein stated he understands and appreciate the strong advocacy about this project. He wants to emphasize what he perceives our role to be here today as the MPO and what our role was at the CMAP board. It is all about priorities, not to say one project or another shouldn’t be considered, it is a question about making a decision. Prioritizing is tough and this is what that is all about and that is what our obligation is today and what our obligation was at the CMAP board. At the CMAP board we came to the conclusion, in terms of priorities, that the Illiana corridor didn’t measure up according to the standards we put into GO TO 2040. There are three basic reasons.

The state isn’t in a great financial position and we all know as we look at the projects it does not look to improve. The limited funds emphasize the need to prioritize. There is a major financial risk to the State of Illinois and in light of the financial situation of the State.

In terms of prioritization we have to look at the total region, and one of our biggest problems is congestion, and based on all analysis it appears that there is not any significant impact on congestion within this region.

CMAP has long advocated for performance based decision making. We discuss it time and time again and adopted it as a concept, principal, policy for moving forward for transportation. Making decisions based on priorities and performance based analysis. Unlike Elgin/O’Hare and IL 53 extension, the Illiana simply does not give the bang for the buck. It does not merit being made a priority project.

He continues to urge the committee to consider performance based decision making.

Mr. Lauzen asked about vehicle and truck projections and a range of the tolls and revenues that will be collected. Mr. Blankenhorn stated that revenue projections between IDOT and CMAP were not much different.

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Mr. Lawlor asked if the Public/Private partnership could be structured so payments are back loaded when the highway will make money. This is a public/private partnership that without the private interest this project will not move forward. There are environmental concerns and NEPA will address those. The action today will show whether the region creates a welcome environment for public/private partnerships, which are needed in the region due to the financial outlook.

Ms. LaFleur stated that the Illinois State Toll Highway Authority uses market based forecasting, as IDOT did, and have found that projects are .3% consistent with actuals. She continued to state that the fiscal constraint requirements with GO TO 2040 is a bit of a chicken and egg situation in terms of public/private partnerships. She continued that this discussion is a good start to solving this issue.

Mayor Bennett stated that there is estimated trucks of 10,000 and estimated cars are 18,000 cars that will use the Illiana corridor, currently on I-80 there is 187,000 vehicles and the Illiana is estimated to carry 10% of those vehicles.

Chairman Schneider stated that this vote is not the last step in the process and if it is amended into GO TO 2040 we will start the procurement process and receive bids. If bids do not show the Illiana paying for itself, IDOT would not pursue this project using a public/private partnership. If you look at the GO TO 2040 plan, the Illiana corridor ranks in the top three on three different measures when compared to other projects in the plan.

Mr. Kwasneski stated that they have supported many projects in the City of Chicago and suburbs and support the opportunity for jobs in the region. We do not have any plans for service on the facility but our staff has been working closely with IDOT and we do have a lot of service near I-80 and one route on Halsted and as trucks exit I-80 at Halsted it delays our service on Halsted. We also need to work, as a region, on how we are going to work on public/private partnerships and this is an opportunity to let those private investors

know that Northeastern Illinois is in support of public/private partnerships. Pace supports the other project in GO TO 2040.

Ms. Redden questioned if the consideration of amending GO TO 2040 to include the Illiana Corridor could not wait until the currently under process GO TO 2040 update is considered. The RTA supports public/private partnerships, but the region has adopted a plan and that plan should be implemented.

Mr. Arkell asked if a benefit/cost analysis had been conducted and if so, what is the ratio? Mr. Harmet stated that during the federal environmental impact statement process we look at many factors. The Illiana corridor is amongst the top three for three categories.

Chairman Schenider stated that public comment would begin and there will be a two minute limit on public comment.

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Congresswoman Robin Kelly spoke in support of amending GO TO 2040 to include the Illiana Corridor.

State Senator Toi Hutchinson spoke in support of amending GO TO 2040 to include the Illiana Corridor.

State Senator Pat McQuire spoke in support of amending GO TO 2040 to include the Illiana Corridor.

State Representative Al Riley spoke in support of amending GO TO 2040 to include the Illiana Corridor.

State Representative Larry Walsh Jr. spoke in support of amending GO TO 2040 to include the Illiana Corridor.

Will County Board Member Ragan Freitag spoke against amending GO TO 2040 to include the Illiana Corridor.

Will County Board Member Judy Ogalla spoke against amending GO TO 2040 to include the Illiana Corridor.

Mayor of Channahon Joe Cook spoke in support of amending GO TO 2040 to include the Illiana Corridor.

Jim Holland representing the Will County Governmental League spoke in support of amending GO TO 2040 to include the Illiana Corridor.

Mayor of Peotone Rich Duran spoke in support of amending GO TO 2040 to include the Illiana Corridor.

Brian Cann, Will Township Supervisor, spoke against amending GO TO 2040 to include the Illiana Corridor.

Beecher Village President Greg Szymanski spoke in support of amending GO TO 2040 to include the Illiana Corridor.

Board Chairman Mike Bosser of Kankakee County spoke in support of amending GO TO 2040 to include the Illiana Corridor.

Highway Commissioner Jerry Meyer of Beecher township spoke against amending GO TO 2040 to include the Illiana Corridor.

Will County Board member Don Moran and on behalf of the Will/Grundy County Building Trades Council spoke in support of amending GO TO 2040 to include the Illiana Corridor.

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Reverend Mitchell Johnson spoke against amending GO TO 2040 to include the Illiana Corridor.

Linda Bailey spoke against amending GO TO 2040 to include the Illiana.

Pastor David Bixby of a suburban Baptist church requested the committee consider the poor when making a decision regarding amending GO TO 2040 to include the Illiana Corridor.

Gerry Bunte a Will township member spoke against amending GO TO 2040 to include the Illiana.

Jim Cizmar spoke against amending GO TO 2040 to include the Illiana.

Max Bosso of the Village of Elwood spoke against amending GO TO 2040 to include the Illiana, and if it is voted to be included request that the motion includes no interchange at IL 53.

Paul Botts spoke against amending GO TO 2040 to include the Illiana Corridor.

Father Len Dubi spoke in support of amending GO TO 2040 to include the Illiana Corridor.

Virginia Gate-Hamann spoke against amending GO TO 2040 to include the Illiana Corridor.

Bruce Hamann spoke against amending GO TO 2040 to include the Illiana Corridor.

Gerry Heinrich, President of the Midewin Tall Grass Prairie spoke against amending GO TO 2040 to include the Illiana Corridor.

Kevin Brubaker of the Environmental Law and Policy Center spoke against amending GO TO 2040 to include the Illiana Corridor.

Reverend James Hunt of New Hope Church spoke in support of amending GO TO 2040 to include the Illiana Corridor.

Patricia Mussamn of Eagle Creek Township spoke against amending GO TO 2040 to include the Illiana Corridor.

Stacy Myers of Openlands spoke against amending GO TO 2040 to include the Illiana Corridor.

Peter Skosey of the Metropolitan Planning Council spoke against amending GO TO 2040 to include the Illiana Corridor. He also spoke to the benefits of the process the region has just gone through to thoroughly discuss the Illiana project.

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Clayton Jirik spoke against amending GO TO 2040 to include the Illiana Corridor.

Steve Lazzara of Will County Land-Use department spoke in support of amending GO TO

2040 to include the Illiana Corridor.

Kyle Smith of the Center for Neighborhood Technology spoke against amending GO TO

2040 to include the Illiana Corridor.

John Grueling of the Will County Center for Economic Development spoke in support of amending GO TO 2040 to include the Illiana Corridor.

Fred Cappaller spoke against amending GO TO 2040 to include the Illiana Corridor.

Ron Burke of the Active Transportation Alliance spoke against amending GO TO 2040 to include the Illiana Corridor.

Mayor Schielke made a motion to amend GO TO 2040 to include the Illiana Corridor. Larry Walsh seconded the motion. A roll call vote occurred with 11 voting in support of the motion and eight against the motion. Motion Carried.

12.0 Approval of GO TO 2040/TIP Conformity Determination and TIP Amendment Ms. Berry stated that CMAP has conducted a GO TO 2040/TIP conformity determination and TIP amendment showing the region will meet the air quality goals set out for it. She stated the analysis was released for public comment; two comments were received and included in the packet as well as their responses. Chairman Schneider asked if roll call vote should occur or if the vote from amending GO TO 2040 should mirror this vote. The Committee agreed the vote should mirror the amendment to GO TO 2040. Mayor Schielke made a motion to approve the GO TO 2040/TIP Conformity Determination and TIP

Amendment. Mr. Cuculich seconded the motion. A roll call vote occurred with 11 voting in support of the motion and eight against the motion. Motion Carried.

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13.0

Federal Certification Review Mr. Donovan stated that the federal certification review is completed every four years discussing the metropolitan planning process and will be occurring soon. He encourages participation in the review. Mayor Schielke states the region tends to work cooperatively and the planning process is working. Mayor Hartstein commented that public/private partnerships should be re-thought in how they should be included in the long range plan. Chairman Schneider agreed with Mayor Hartstein.

14.0

Other Business There was no other business brought before the Committee.

15.0

Public Comment There was no additional public comment.

16.0

Next Meeting Thursday, January 9, 2014 at 10:00 a.m. The next meeting of the Policy Committee is scheduled for January 9, 2014 at 10:00 a.m.

17.0

Adjournment On a motion by Mayor Schielke, seconded by Mr. Korpalski, the meeting was adjourned at 6:02 p.m.

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Exhibit D: CMAP Response Letter to ELPC October 24, 2013

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