Saturday, March 12, 2022

Equity....Freeport Syle

 "The City Manager and Mayor/City Council each have responsibility to ensure the strategic vision and goals are carried out and the entire community is equitably served"

The above sentence is contained in the City of Freeport's strategic plan as approved by the Freeport City Council.  It is available on the City's website for those that want some entertaining reading.  Tutty hopes to discuss this plan more going forward.

Tutty's stuttering returns whenever a City of Freeport official utters any variation of the word "equity".  Tutty has long held that most of the fees placed on our water bills are totally and completely inequitable.  Why should those of us that live on undersized lots pay the same in storm water and road fees as those that have garages that are too big to even fit on our undersized lots?

The physics themselves cry inequity.

Furthermore, and Tutty can prove it, if these fees would have been put on property taxes over the past twenty-plus years.  Most Freeport home owners would have paid much less...and, unlike these add on fees, property taxes can be written off income taxes for those that itemize.

While no one likes these fees, what would you think if you knew that the City of Freeport was  granting some of the utility's consumers with a pass?

Well consider yourself informed.  For whatever reason the Freeport Park District does not pay these fees on any of their metered sites, and haven't been for an unknown amount of time.

Here is a photo of a Freeport Park District water bill.



By contrast, here is a photo of a Freeport School District 145 water bill from the same month in 2020.


Because the D145 is paying these add on fees the City Council can't very well say they're giving a break to taxing bodies.  So why is the Park District getting a free pass?  This amounts to a lot of real money that the rest of us with water meters must make up.  The Park District has numerous metered sites.

Another problem for the City Council is that the Illinois General Assembly, in their wisdom, knew that when it came to public utilities that local municipal officials might give their cronies sweetheart deals while the rest of the public, those marginalized people without clout, would pay through the nose.  In light of these facts a law was passed known as the "Public Utilities Act 220/ILCS 5/."

The Public Utilities Act states right off the bat that "The General Assembly finds that the health, welfare and prosperity of all Illinois citizens require the provision of adequate, efficient, reliable, environmentally safe and least-cost public  utility services at prices which accurately reflect the long-term cost of such services and which are equitable to all citizens."

Unlike many statutes in Illinois the Public Utilities Act preempts the City of Freeport's home rule powers by clearly stating, "The provisions of this Article are a limitation of home rule powers under subsection (h) of Section 6 of Article VII of the Illinois Constitution.

The above facts scream for an official investigation by our State's Attorney or the Illinois Attorney General.  Why is the Illinois Public Utilities Act  apparently not applicable in Freeport, Illinois?

Did former city council member Peter McClanathan, who now wants to be a circuit court judge know about this sweetheart, and potentially unlawful deal?  What about State Representative Andrew Chesney?  Both men were on the Freeport City Council when the Water and Sewer Commission was dissolved on a single reading, ultimately giving the City Manager complete control of water and sewer service.

How many other Freeport water and sewer users are getting these fees waived?  Tutty could learn about the Park District because they are subject to Freedom of Information laws but the city manager could be waiving these fees for multiple users while the rest of us are none the wiser.

If Stephenson County State's Attorney Carl Larson does not have the courage to investigate this issue because it involves his Republican friends and candidates for higher office, he should appoint someone from the outside that does.  The State's Attorney is either enforcing Illinois statutes on the public's behalf or he is purposefully ignoring the statute creating irreparable harm to the rest of the system's end users.  There is no grey area on this issue.

Monday night the Committee Whole of the City Council meets to consider a Memorandum of Understanding with the Freeport Park District.  Nothing should be entered into with the Freeport Park District until the Freeport City Council  and the public at large understand the back room dealings that took place for us to arrive in this situation..

And this is a City Council and administration that think they are trustworthy enough to deserve the retention of home rule powers.  Give us a break.

As always, yours in honesty, Tutty Baker, tutty.baker@gmail.com