County ignores state's attorney's suggestion

Tazewell County Board members approved the expansion of a tax-free enterprise zone to benefit a wind power company, despite the county's top law enforcement official telling them to wait.

Tazewell County State's Attorney Stuart Umholtz said at the board meeting Wednesday night that he has asked Illinois Attorney General Lisa Madigan to deliver an opinion on the enterprise zone's expansion.

A company called Horizon Wind Energy has requested that Tazewell County and the City of Pekin expand their enterprise zone by providing a connecting strip 24 miles long and 3 feet wide. The strip would extend from the existing enterprise zone out to the southern-most area of Tazewell county and connect to 38 wind turbine sites.

Umholtz asked board members to at least wait until Madigan issues an opinion before recognizing the 3-foot strip as contiguous. New enterprise zones cannot be created and the expansion of an existing one must be contiguous.

"Respect the rule of law," Umholtz told board members. He said that during his career as state's attorney, he has never before delivered a memorandum to board members advising them that they are doing something wrong.

Horizon Director of Development Bill Whitlock addressed the board Wednesday night in response to Umholtz's advice. "It would have an impact on the wind farm," Whitlock said, when a board member asked what would happen if the enterprise zone was not expanded for Horizon. "It would have a serious, negative impact on the project."

Whitlock later addressed the board, saying that numerous enterprise zones have been expanded in a similar way throughout the state. "I don't see why you need to wait for the attorney general to rule on this one," he said.

Board member Russell Crawford motioned that the board table the issue until they receive Madigan's opinion. That motion failed.

Businesses that are built within the enterprise zone are allowed a 100 percent property tax abatement for five years. They also get a sales tax break from the state on materials purchased in the state of Illinois for the project.

Horizon has given the county a "side letter," stating that they will not seek abatement from property taxes, nor will they seek abatement from permit fees. In exchange for the expansion of the enterprise zone, Horizon will give the county $230,00 and Pekin will get $150,000.

Ultimately, a majority of the board members voted to approve the ordinance regarding the expansion of the enterprise zone, and approved an intergovernmental agreement with Pekin to do so. The board also voted to approve the side letter concerning Horizon's stance on property tax abatement and permit fees.

Board members Crawford, Michael Godar, Jan Donahue, and Michael Harris voted against the three motions.

As Crawford exited the meeting, he apologized to Umholtz. "The arrogance of this county board is at a level of un-acceptance," he said as he left the building.

Whitlaock told a reporter that Horizon still must meet a number of conditions required by the county, before applying for special use permits for the project.