At the the April 11th meeting of the Committee of the Whole of the Freeport City Council the assembled members listened to the presentation from Greater Freeport Partnership executive director Mark Williams on, according to the agenda, "Update on Enterprise Zone for Meadows Shopping Mall Property and Helm Group Technology Center Building Expansion".
Enterprise zone status for these properties would give the owners significant tax benefits.
During his presentation Mr. Williams stated that a "public hearing" would take place on "the 19th". Mr. Williams even provided times, 8:30 and 9:00 am, saying each of the two proposals would have separate public hearings. Here is a YouTube link to the committee of the whole meeting. Mr. William's presentation starts at minute mark 23;21.
https://www.youtube.com/watch?v=jbhtgn9A7Uw
Tutty immediately began looking for the published legal notice Mr. Williams told the city council was forthcoming during his presentation, however, Tutty was unable to locate any such published legal notice. Tutty then contacted the City of Freeport Clerk and the Stephenson County Clerk and Recorder on April 29th asking if they knew anything of a public hearing. Neither had any more information than Tutty.
So Tutty reviewed the Illinois Statutes surrounding expansion of Enterprise Zones in the state. Sure enough a public hearing is required. Here is the pertinent part of the Illinois Enterprise Zone Act Tutty refers to:
The directions for the Illinois Department of Commerce and Economic Opportunity for local Enterprise Zone boards to follow mirrors the state statute and is also shared here:
Now, at tomorrow night's Freeport City Council meeting, Ordinance #2022-21 and Ordinance #2022-22 are on the agenda for 2nd reading approval to add the Meadows and Helm property to the Enterprise Zone but there has yet to be a public hearing conducted pursuant to Illinois Statutes.
Why Freeport City Council and Stephenson County Board?
Why Freeport City Council and Stephenson County Board have you deferred all oversight, perhaps unlawfully, over the Enterprise Zone to the Greater Freeport Partnership?
The Enterprise Zone Statute is very clear, "The municipality or county must hold a public hearing on the proposed changes as specified in Section 5"
The "municipality or county" is to provide such public hearing but here in Freeport we have to keep the public in the dark at all costs. And in this case, at bar attorneys are sitting back and letting the Freeport City Council be misled on their statutory authority of oversight.
Why else is the Stephenson County Board (and apparently the Stephenson County State's Attorney) as well as the Freeport City Council completely ignoring the rules on public participation in the decision making process?
Are there any competent attorneys on the public dole that can explain why the Stephenson County Board and Freeport City Council are allowed to completely bypass the statutory structure of Enterprise Zone operation?
As always, yours in honesty, Tutty Baker tutty.baker@gmail.com
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