A History Lesson
The following is the presentation made to the Yorkville CC on 3/10/09 by Todd Milliron. Todd's reasoning for uncovering this alledged abuse of power, is to hopefully make those responsible for any possible misdeeds accountable and recover taxpayer funds lost as a result of alledged tampering with official city documents.
Fast Times and Questionable Dealings at Yorkville City Hall during the Prochaska Administration.
A few weeks ago, this City Council passed an endorsement of the state’s Whistleblower Act. Your timing was appropriate because I am here tonight to blow the whistle on what I believe were some unethical and reckless activities by the former administration that has directly led to some of the city’s current financial difficulties.
MANY OF THE BUDGET PROBLEMS YOU ARE NOW FACING ARE DIRECT RESULTS OF THE ACTIONS OF THE PROCHASKA ADMINISTRATION. Yes Rose, I am talking about the good old days of three annexation-night public hearings where you received a 500 plus page city council packet, just barely under the required time limit for required notice, then had to digest those 500 plus page packets in short order. Those were the good old days of big developers, let’s make a deal at the expense of City Taxpayers, just to grow the Yorkville City Limits. Blind CC votes made because the majority of aldermen on the Old Yorkville City Council were not prepared properly. City Business done in the shadows, meeting in backrooms and not doing City Business by the sunlight of day. These are the same Alderman that are now defendants in a federal RICCO lawsuit. Who is paying for their defense? The residents of Yorkville!
I want to talk about some of those former City Council actions that are costing the taxpayers today. A great example is the Fox Moraine Landfill scheme, which so far has tallied over $300,000 in legal expenses. Another example is the Ocean Atlantic annexation agreement, where Ocean Atlantic was supposed to come up with $500,000 according to the annexation agreement they signed. I sat in this very room in Jan. 2007 and watched principals of Ocean Atlantic promise that $500,000 check was in the mail. Only two weeks later, we found out it was a NSF rubber check. Still then, that old CC decided to take the needed $500,000 out of the general fund to continue to finance and build Phase 1 of the Raymond Drainage Outfall. This was all done to accommodate the desire to solicit the Raging Waves Water Park and get it built by Summer 2007. As you will remember this was the O’Keefe Property and it had its own 19-day annexation on Sept 25 and 26th, 2006, yes this property went to the head of the Annexation hearing line at the very same time as the 4-property Northstar-Boreman-Schanz Landfill annexation chain/corridor scheme in Sept. 2006.
Editors Note: This rush to develop is shown in these documents
This rush to develop became so extreme under the Prochaska Administration that The Executive Branch of Yorkville City Government chose to illegally change a written agreement put in place and passed by Yorkville City Council on Dec. 26, 2006.
Please turn to Red tab # 1
The background info is in the prior 4 pages and this document was gleaned from Yorkville-Government-Meetings- Meeting Minutes, Agendas and Packets website page, which I dug out and had printed today for your review.
Please see tab #2 See item 8
The official city website documentation I am presenting tonight shows that a material change was done without any City Council authorization to the Raymond Outfall Agreement. The 4-page Raymond Outfall Agreement was passed on 12-26-2006 within the consent agenda. This city council passed 4-page Raymond Outfall Agreement document was supposed to be signed by Mayor Prochaska and Executed by City Clerk Milschewski.
Please turn to Blue tab #3 SEE highlite on P. 4-5
This 4-page Raymond Outfall Agreement became a 5-page City Document when it was filed on 2-14-2007 at the Kendall County Recorder of Deeds office. Please note on page 5, Former Mayor Art Prochaska signed this 5-page Altered Document that was filed with the Kendall Recorder of Deeds on 2-14-2007. Why is the number 7 stricken, in the year 2007 and changed and inked in to the hand written number “6”.
This original 12-26-2006 Raymond Outfall Agreement was not signed and Executed as directed by legislative branch of Yorkville City Government. This could not have been accomplished without City Staff cooperation.
Who on your city staff is responsible for the alteration of this binding legal document and the inserting of significant material changes which produced a breech of contract lawsuit against the City of Yorkville?
Please turn to Green tab #4
This altered city document has resulted in the LayCom Lawsuit and this lawsuit has cost Yorkville Taxpayers $99,600.00 as of 12-17-2008
That LayCom Litigation bill continues to grow monthly. It is a sure bet it is now well over $100,000; this is money that has been taken out of the Yorkville City Budget, which could have been used for something else. This Laycom fiasco is one of the reasons why the current city council has to budget $400,000 in legal fees for fiscal year 2009-2010.
Please turn to Red tab #5
Note the two LayCom-Joe Popp Emails sent to Art Prochaska on 11-21-06 and 12-13-2006 that were never shared with any Yorkville Aldermen. Mr. Popp tried to communicate with the City, but the executive branch never shared these two emails with the alderman in the legislative branch. This was a very successful attempt to keep the Yorkville legislative body in the dark and then yielded a blind legislative decision to pass the original 4-page Raymond Outfall Agreement on 12-26-2006.
I have also uncovered some important recent Court Documents from the LayCom Case that this council needs to see and review.
Exhibit C Exhibit D Exhibit E
Please see the 31-page CEXTEX Internal Correspondence that comprises 3 emails that were purchased at the Kendall County Circuit Clerk’s office and were certified with the Kendall County Circuit Court Clerk’s raised seal. These three emails are labeled Exhibit “C”, Exhibit “D” and Exhibit “E” came out during the LayCom request for discovery. This is the first time any of you have had a chance to see these 3 CENTEX email documents. The original certified 31–page copy is in a safe place and can be produced if you decide a criminal investigation is needed. I believe someone needs to be held accountable for usurping your legislative power and your ability to make informed decisions. I am now requesting that the Illinois AG office be brought in and an investigation be undertaken of this changed document. This is probably the tip of the iceberg, but is a good beginning, just like the Illinois Healthcare Facilities Board investigation was a good beginning to revealing the recent Gov. Blago wrong doing at the State level.
What is fundamentally wrong with Illinois Government Structure that we continue to have misdeeds at all levels of Government?
Please turn to Yellow tab #6 Exhibit E
I would like you to pay close attention to the Jan. 10, 2007 Centex Email that is labeled Exhibit “E” that has the proposed and altered 5-page Raymond Outfall Redline draft attached and that was ultimately what was filed with the Recorder of Deeds on 2-14-2007.
Now, I would like for you to pay particular attention to the reference that that Centex’s Suzanne Schaefbauer made to Centex’s Jim Barry in paragraph’s one and two and I will quote from the Jan. 10, 2007 email.
It would appear to me that someone at Centex was able to “Sweet Talk” City Attorney, John Wyeth. Again, this was a material change to the document that was passed on the consent agenda on 12-26-2006. This Centex redline draft is the nexus of the LayCom Breach of Contract lawsuit and why you have incurred over $100,000 in legal expenses. This CENTEX Altered 5-page document is something the sitting alderman at that time never saw in Jan. 2007 and never voted on, yet the taxpayers you now represent are paying for this unilateral decision by the Yorkville Executive Branch and the Staff that colluded to get this alter 5 page document filed with the Recorder of Deeds Office on 2-14-2007.
Please turn to Blue Tab #7 Exhibit E See page 14 of 15
This Centex Redline Raymond Outfall Document has 138 changes from the one the CC passed on 12-26-2006. The Role of the Yorkville City Clerk has yet to be determined and she should be asked some questions about this altered 5-page Raymond Outfall Agreement.
The very next page is the paid receipt for the three Centex Email documents, which comprised a total of 31 pages and was purchased on 12-10-2008 at 3:05PM from the Kendall County Circuit Clerk’s office for $20.00; this also included the fee to certify these court documents with the Circuit Clerk’s raised seal.
Please turn to Green Tab #8
I am also enclosing some legal bills submitted by John Wyeth during this same January/February 2007 timeframe. The 2-12-2007 billing has a 2-2-2007 billing reference to various meetings and Emails and has a direct reference to Raymond Drainage (underlined) and also billing for meeting with Travis Miller that day.
Next Page please
SEE 1-29-2007 billing for billing 1-25-2007 for “Research on issues regarding Breach of Contract.
Next page please
And last, Rose, I don’t know how you missed this one, see 1-19-2007 billing reference to”
Rose, You have been very concerned about bubbles for the past two years, but missed this John Wyeth bill to the city that billed $150.00 for a revised “bubble” plan. It is unknown at this time what the “Bubble” plan was and why John Wyeth billed for a “Bubble” plan. It does say in this bill that some agreement was also reviewed.
I believe this LayCom lawsuit is a direct result of official misconduct, as I also believe that maybe the case regarding the Aspen RICCO Lawsuit.
(Pause) For any Questions
Editors Note: City Attorney advises CC not to respond or make any comments
The openness and commitment to open government by the Burd Administration along with these many, many FOI’s has produced this evidence I have now presented to you tonight, along with a little tenacity and some blind luck one can find the truth.
I believe the truth is a hard thing to stop and there is just a three more things I want to bring to this councils attention tonight, for a few of you old regime/old guard alderman this will not be news to you because you have been a party to these recent events, which have been ongoing since the citizens in Yorkville cast their votes on April 17, 2007.
From the very beginning the needed change that was accomplished at the ballot box on April 17, 2007, has been under assault from the Old Guard that like to do things their own way, whether it is legal or not.
Please turn to Red tab #9
I like you to see the Jeff McElroy written response to my ARDC complaint I filed regarding how he got his hands on a Virgin, NOT REDACTED Yorkville Police Report, Yorkville PD Report # 070584 regarding Alderman Plocher. Please note the last paragraph of Page One, that Mr. McElroy received this document from then City Attorney, John Wyeth on or about April 30th, 2007. Then Mrs. Milschewski, her Husband and Tom Thomas, the Vice President of Old Second Bank of Yorkville decided to sue to keep Alderman Plocher from taking his rightfully elected seat on this City Council. It appears this affair was instigated and orchestrated by then City Attorney, John Wyeth. John Wyeth, who abandoned the City he represented in court on the morning of May 8. 2007. For my proof, review the executive minutes for 8:10PM, May 8, 2007 CC Executive Session and you will see how John Wyeth handled himself in court that day. He had a responsibility to represent the City and chose to do nothing, declaring himself neutral, which was meant to benefit Ms. Milschewski and her cohorts in court that morning of 5-8-2007. Why are certain aldermen on this CC denying this legitimate legal bill from the Kramer Law firm for legitimate City Representation? I believe Mr. Kramer had to step in when Mr. Wyeth abdicated his role as city defender.
Editors Note: Supporting doc 1
Supporting doc 2
John Wyeth abandoned the City he represented in court on the morning of May 8. 2007 and it appears it truly was preplanned and premeditated and I think had also had a landfill factor. Why does one of the legal Documents filed as Exhibit “D” in the Milschewski v. Plocher lawsuit have a 7 digit number scribbled on it. When you add 630 to this number, it comes up for one Charles J. Murphy.
Charles Murphy (630) 513-9868 805 Manley Rd, Saint Charles, IL 60174
Please see yellow tab #10
I think this is a phone number, top right corner.
Note the number 513-9868
Then see succeeding 2 pages for LLC registration for Midwest Compost, LLC.
Mr. Murphy is a principal player in the Fox Moraine Landfill Scheme and is also manager of Midwest Compost, LLC, which ships significant amounts of Yard Waste to Mr. Hamman facility on Sleepy Hollow Road. I don’t think this sequence of numbers is a coincidence, the odds are very, very remote that this random number, like 9,999,999 to 1, by adding the 630 area code prefix, the area code prefix we are also in, it corresponds with Mr. Murphy Home phone # and Home Address in St. Charles, IL.
Google it for yourself, I did last night and reconfirmed it by directory assistance today. You can find this Exhibit “D” at the circuit clerk’s office in the Plocher Case file, go look it up just like I did.
Please turn to Blue tab #11
This is my new and most recent FOI obtained just last Friday, which I think may shed some light on why this legal bill is being denied and what has just been going on behind the scenes in Yorkville City Politics for the last two years. It appears the leader on this internal aldermanic political assault team is Mr. Besco, the only person that voted in favor of the Fox Moraine Landfill. I like to read this Email to you it is titled “Working Together” and is dated 5-13-2008.
The question I now have is posed is to the citizens of Yorkville, “Are we going to go forward and embrace open and honest government or we going back to the old ways?” Mr. Besco has decided to do his best to sabotage any positive progress within the City of Yorkville these past two years by innuendo and unfounded allegations. Mr. Golinski and Ms. Spears have helped Mr. Besco in this misguided sabotage effort. This email I just read speaks volumes to what has been going on bi weekly each month during Yorkville CC meetings for the last 2 years.
I encourage the voters of Yorkville to embrace the future and remove from office all those that have been responsible for thwarting responsible, honest and open government that we the people brought forth two years ago at the ballot box. Mr. Besco, Mr. Golinski and Ms. Spears can not be trusted to do the peoples work any more. I would really like to know whom they ultimately have been working for, maybe they can answer that question for us tonight. I think City Clerk Milschewski needs to also answer a few questions tonight. I truly think an investigation is warranted and is needed to clean up what is left of OLD Yorkville Regime Politics and the Old Yorkville Business as Usual gaming of City Government.
Why are the Citizen’s of Yorkville being required to continue to pay for these misdeeds of these misguided few that misused their office and tried to thwart the will of the Citizens of Yorkville?