Enterprise Zone Shenanigans in Northwest Illinois

 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 

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