OPENLANDS V ILLINOIS DEPT OF TRANSPORTATION

ELECTRONICALLY FILED 4/17/2014 4:00 PM 2014-CH-06630 CALENDAR: 16 PAGE 1 of 51 CIRCUIT COURT OF COOK COUNTY, ILLINOIS IN THE CIRCUIT COURT
OF COOK COUNTY, ILLINOIS CHANCERY DIVISION 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. 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.
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
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 to any 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 MTP and TIP that includes the proposed Illiana Tollway. 70 ILCS 1707/60(c). Step 2 is that the MPO Policy Committee must provide final approval of an MTP and TIP that include the
ELECTRONICALLY FILED 4/17/2014 4:00 PM 2014-CH-06630 PAGE 2 of 51
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 IDOTs request to amend the Chicago metropolitan areas MTP and TIP to include the proposed Illiana Tollway as a fiscally constrained project. IDOTs 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
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
Committees 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 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 Committees October 17, 2013 votes to approve the proposed Illiana Tollway without the required prior approval 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
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 Illinoiss 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
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 Clubs purpose is to protect the natural environment and promote the responsible use of the Earths 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.
5.
The Sierra Clubs members use and enjoy natural resources that would be
adversely impacted by the proposed Illiana Tollway. The Sierra Clubs 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 Clubs 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 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
approved by the CMAP Board prior to final approval by the MPO [Policy Committee]. 70 ILCS 1707/60(c). 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 approval of all transportation plans, reports, and programs required under 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 CMAPs offices and relies on CMAPs staff for policy and administrative support, ranging from detailed analyses to the preparation of agendas and minutes. Funding for the MPO Policy Committees activities is included within the larger CMAP budget. VENUE 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.
APPLICABLE LAW The Illinois Regional Planning Act 14. 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. CMAPs 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. 16.
The Illinois Regional Planning Act created the CMAP Board as the governing
body of CMAP. 70 ILCS 1707/15. The CMAP Boards 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
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 Committees 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. 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. 23 U.S.C. 134(d)(1). 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.
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). (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 IDOTs Request to Amend CMAPs 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.
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 nations 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 Prairie, stated that the tollway would cause irreparable damage to 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. CMAPs 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. above. By its requests, IDOT triggered the first step of the three-step process described
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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 IDOTs Proposed Amendments 38. The Illinois Regional Planning Act provides that programs and plans, including
amendments to CMAPs MTP, often referred to as the GO TO 2040 Plan, and TIP must be approved by the CMAP Board prior to final approval by the MPO [Policy Committee]. 70 ILCS 1707/60(c). 39.
IDOTs 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 Boards agenda for its October 9, 2013 meeting. 40. CMAP allowed a public comment period on IDOTs proposals. On September 3,
2013, Plaintiffs Openlands, Sierra Club and other civic organizations, submitted a comment letter that raised concerns over the proposed Illiana Tollways high costs and limited transportation benefits. 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.
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43.
On September 27, 2013, CMAPs 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 staffs 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 IDOTs request: (1) the proposed Illiana Tollways costs and financial risks; (2) IDOTs population growth assumptions that contradicted those in CMAPs MTP, often referred to as the GO TO 2040 Plan; (3) the proposed Illiana Tollways unsubstantiated potential for economic development; and (4) the proposed Illiana Tollways limited benefits for regional mobility.
45.
CMAP staffs 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 areas 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
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Board did not provide its approv[al] under the Illinois Regional Planning Act. 70 ILCS 1707/60(c). See Exhibit A at 5. 49. On October 9, 2013, the CMAP Board also voted unanimously to approve some
proposed amendments to CMAPs TIP, but excluded IDOTs 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 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 IDOTs 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. 1707/60(c). 52. The proposed Illiana Tollway had not passed Step 1 of the regional 70 ILCS
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 IDOTs Proposed Amendments 53. 54. 55. The MPO Policy Committee exists as a body within CMAP. The MPO Policy Committee conducts its business at CMAPs offices. The MPO Policy Committee relies on CMAPs staff for policy and
administrative support.
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56. analyses. 57.
The CMAP staffs support for the MPO Policy Committee includes technical
The CMAP staffs support for the MPO Policy Committee includes preparation
of agendas and minutes. 58. Funding for the MPO Policy Committees activities is included within the larger
CMAP budget. 59. After the CMAP Boards October 9, 2013 votes to not approve the proposed
Illiana Tollway, IDOT continued to request that the MPO Policy Committee vote on IDOTs proposed amendments of the MTP, often referred to as the GO TO 2040 Plan, and the TIP. 60.
Despite the CMAP Boards October 9, 2013 votes to not approve the Illiana
Tollway, the MPO Policy Committee scheduled a meeting to conduct its own vote on IDOTs 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.
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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 Committees October 17, 2013 meeting, Defendant Ann L.
Schneider, Secretary of the Illinois Department of Transportation, cast votes in favor of 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, CMAPs Executive Director responded to the Plaintiffs
attorneys October 16, 2013 letter. See Exhibit D. 67. In his October 24, 2013 letter, CMAPs 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, CMAPs Executive Director further asserted that
the final action of the Policy Committee to approve the Illiana amendment is binding. See Exhibit D at 1. 69. CMAPs 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.
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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 Planning Act. IDOTs 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.
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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 building the tollway and keeping it open for use by traffic. IDOT Continues to Develop the Illiana Tollway 82.
Since the MPO Policy Committees October 17, 2013 meeting, IDOT has
publicly maintained that the MPO Policy Committees 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. June 30, 2014. 84. Public Act 98-0050 includes two appropriations designated for costs associated Public Act 98-0050 appropriates public funds to IDOT for the fiscal year ending
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 IDOTs Road Improvement Program. These include appropriations from the
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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 Committees October 17, 2013 vote. 89. Since the MPO Policy Committees October 17, 2013 meeting, IDOT has
continued to carry out activities to develop the proposed Illiana Tollway as a federally assisted tollway. 90.
IDOTs 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. 2014. 92. Defendant Ann L. Schneider will incur substantial expenses in her official IDOT intends to begin acquiring land to build the Illiana Tollway as soon as June
capacity as Secretary of the Illinois Department of Transportation in continuing to develop the proposed Illiana Tollway.
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COUNT I Declaratory Judgment (735 ILCS 5/2-701) and Injunctive Relief 93. 94. Plaintiff realleges Paragraphs 1 through 92. 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 IDOTs 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.
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
IDOTs 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 Committees 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).
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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. IDOTs 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. IDOTs actions requesting that the MPO Policy Committee approve the proposed
Illiana Tollway after the CMAP Board failed to approve and voted to reject IDOTs proposed 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
IDOTs 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 IDOTs 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 Boards 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.
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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 Boards 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 Acts 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. 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 publics 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);
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2.
Declaring that the Defendant MPO Policy Committee lacks authority under the
Illinois Regional Planning Act to amend CMAPs approved MTP, often referred to as the GO TO 2040 Plan, and CMAPs approved TIP to include the proposed Illiana Tollway as a fiscally constrained capital project; 3. Declaring that the Defendant MPO Policy Committees October 17, 2013 votes to
amend CMAPs approved MTP, often referred to as the GO TO 2040 Plan, and amend CMAPs approved TIP to include the proposed Illiana Tollway as a fiscally constrained capital project 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
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IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, CHANCERY DIVISION OPENLANDS, an Illinois not-for-profit corporation, and SIERRA CLUB, a California notfor-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
Exhibit A: CMAP Board Minutes of October 9, 2013
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
Board Members Present:

Gerald Bennett, CMAP Board Chair-representing southwest Cook County, Rita Athas-representing the City of Chicago, Frank Bealrepresenting the City of Chicago, Roger Claar-representing Will County, Elliott Hartstein-representing Lake County, Al Larsonrepresenting 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 Schofieldrepresenting McHenry County, Peter Silvestri-representing Cook CountyRae Rupp Srch-representing DuPage County, Tom Weisnerrepresenting Kane and Kendall Counties, and non-voting members Sean OShea-representing the Governors office and Leanne Reddenrepresenting 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 DonovanFHWA, 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 HanlonWill County, Pete Harmet-IDOT, Alex Hernandez-the Bugle, Rev. James Hunt-SSAC, Ike Isaac-WGN TV9, Clayton Jirak-citizen, Jenny
Staff Present:
Others Present:
Kim-NBC5, Patrick Knapp-Kane/Kendall COM, Grant Klinzman-State of Illinois, Leon Krant-BLA, Katie Kukielka-IDOT/AECOM, Ed MaherLocal 150, Stacy Meyers-Openlands, Don Moran-Will County Board, Hugh OHara-Will County Governmental League, Nick NarducciVillage 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 WalczakNWMC, Laura Wilkison-Metro Strategies, Rich Wronski-Chicago Tribune, John Yonan-Cook County, Patrick Young-Local 150and Barbara Zubek-SW Conference.
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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. 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.
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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. Executive Directors 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 Generals 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 IDOTs 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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CMAP Board Vice Chair Following last months 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. GO TO 2040 Implementation The GO TO 2040 Implementation report was tabled and will be considered at the Boards next meeting. 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 staffs 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. 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 highways 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 regions 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
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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 OShea, representing the Governors office, Mayor Roger Claar, representing Will County, Elliott Hartstein, representing Lake County and CMAP Board Chair Mayor Gerald Bennett offered their respective positions. 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. ELECTRONICALLY FILED 4/17/2014 4:00 PM 2014-CH-06630 PAGE 32 of 51
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 Rita AthasNo Frank BealNo Roger ClaarYes Elliott HartsteinNo Al LarsonNo Lisa LawsNo Andrew Madigan--Absent Raul RaymundoNo Rick ReinboldYes William RodeghierNo Carolyn SchofieldNo Peter SilvestriNo Rae Rupp SrchYes Thomas Weisner--Yes
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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Respectfully submitted,
Jill Leary, Chief of Staff

10-16-2013 /stk 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
October 16, 2013 Mayor Gerald Bennett Chair, CMAP Board of Directors 233 South Wacker Drive, Suite 800 Chicago, Illinois 60606 IDOT Secretary Ann Schneider Chair, CMAP MPO Policy Committee 233 South Wacker Drive, Suite 800 Chicago, Illinois 60606
Randy Blankenhorn Executive Director, CMAP 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 Transportations (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.
CMAP is a unit of local government created by State law, and the CMAP Planning Committee is the regions 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 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 CMAPs 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,
Howard A. Learner Andrew Armstrong Attorneys for the Environmental Law & Policy Center
cc: Illinois Attorney General Lisa Madigan
Exhibit C: MPO Policy Committee Minutes of October 17, 2013 Meeting
Agenda Item No. 3.0
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. 1.0 Call to Order and Introductions Secretary Schneider called the meeting to order at 3:00 p.m. Agenda Changes and Announcements There were no changes or announcements Approval of Minutes June 13, 2013 On a motion by Mr. Cuculich, seconded by Mayor Schielke, the minutes of June 13, 2013 were approved. 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 Councils programming mark for 2013. The Councils 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 regions 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 20142018 CMAQ program and approved the selection of new projects for the Local Technical MPO Policy Committee Minutes Page 2 of 10 October 17, 2013 3:00 p.m.
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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 regions air quality. Mr. Blankenhorn stated that Mr. Kopec was honored by the Association of Metropolitan Planning Organizations for Outstanding Individual Leadership.
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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. 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. 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 Page 3 of 10 October 17, 2013
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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. 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. 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 regions 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 regions 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 MPO Policy Committee Minutes Page 4 of 10 October 17, 2013
9.0
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 todays 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. Mr. Walsh stated that Will County is the 4th 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 100,000s 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 shouldnt 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 didnt measure up according to the standards we put into GO TO 2040. There are three basic reasons. The state isnt 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.
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October 17, 2013
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/OHare 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. 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 MPO Policy Committee Minutes Page 6 of 10 October 17, 2013
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. 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.
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October 17, 2013
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. 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. MPO Policy Committee Minutes Page 8 of 10 October 17, 2013
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. 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
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October 17, 2013
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. 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

OPENLANDS V ILLINOIS DEPT OF TRANSPORTATION

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OPENLANDS V ILLINOIS DEPT OF TRANSPORTATION

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ELECTRONICALLY FILED 4/17/2014 4:00 PM 2014-CH-06630 CALENDAR: 16 PAGE 1 of 51 CIRCUIT COURT OF COOK COUNTY, ILLINOIS IN THE CIRCUIT COURT

motor vehicle fuel taxes.

Openlands members are concerned that the Illiana Tollway is

Defendant Illinois Department of Transportation (IDOT) is an agency of the

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

CMAP staffs September 27, 2013 recommendation document estimated that

56. analyses. 57.

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

On October 24, 2013, CMAPs Executive Director responded to the Plaintiffs

private partnership agreement to construct the proposed Illiana Tollway.

IDOT advised CMAP that, under the proposed public-private partnership

Declaring that Defendants Illinois Department of Transportation and Ann L.

ELECTRONICALLY FILED 4/17/2014 4:00 PM 2014-CH-06630 PAGE 23 of 51

ELECTRONICALLY FILED 4/17/2014 4:00 PM 2014-CH-06630 PAGE 24 of 51

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EXHIBITS TO VERIFIED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

Exhibit A: CMAP Board Minutes of October 9, 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

Chicago Metropolitan Agency for Planning (CMAP) Board Meeting Minutes

Board Members Present:

CMAP Board Meeting

CMAP Board Meeting

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CMAP Board Meeting

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

CMAP Board Meeting

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CMAP Board Meeting

Jill Leary, Chief of Staff

ELECTRONICALLY FILED 4/17/2014 4:00 PM 2014-CH-06630 PAGE 34 of 51

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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

MPO Policy Committee

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MPO Policy Committee Minutes

ELECTRONICALLY FILED 4/17/2014 4:00 PM 2014-CH-06630 PAGE 42 of 51

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MPO Policy Committee Minutes

October 17, 2013

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MPO Policy Committee Minutes

October 17, 2013

MPO Policy Committee Minutes

October 17, 2013

MPO Policy Committee Minutes

October 17, 2013

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

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