SB2477 --- Tick Tock Goes the Clock

Yes, that all around lovable piece of legislation that was passed on May 10, 2006 by both houses of the Illinois Legislature is due to automatically (no signature needed by the Governor) become law in sixty days ---- July 9, 2006 being the due date, unless vetoed by the Governor.

So, perhaps you will find it important enough to call Sen. Shadid at 673-8404 and Rep. Schock 672-9292 and Rep. Leitch 685-3900 and ask that they convince Governor Blagojevich to veto this bill.

You can also write or call the Governor:

Dear Governor...Send correspondence for Governor Blagojevich, to contact the governor or to the Office of the Governor, 207 State House, Springfield, IL 62706; (217) 782-0244 or (312) 814-2121 [TTY (888) 261-3336]. (NOTE: Should a response be required it will be mailed to you via the United States Postal Service, so it is important that you include your name and complete mailing address.)

We are still trying to figure out what was the basis for our state representatives (as heard on audio recordings from the Illinois Legislature) telling their Springfield colleagues that they 'had the full support of the city council' on this piece of legislation (documents sited in subsequent telephone conversations with state reps and city council members, as well as checking for any type of resolution of endorsement from City Clerk Haynes, DO NOT support the state reps assertion.) Please stay tuned for a report back.

So, please call or sit back and wait for the black hole (SB2477) to suck your $$$$ from your pocket.

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Meanwhile, tick tock goes the clock and tick tock grows the crock of manure that surrounds the entire school siting issue.

Rep. LaHood has stepped aside so that the City Council and D150 can work out some type of agreement to pursue the idea of a joint venture around an undecided site near the current Glen Oak School. Again the 15 acre idea surfaces but you might ask, what about the only 5 acres D150 was to purchase and the 5 acres that the Peoria Park Distrcit was to add to site --- that only equals 10 acres ---- if D150 plays the 15 acres sonata then they can cry no $$$ crocodile tears to move back to Glen Oak Park. Remember D150 already purchased properties and they just must be wise stewards with taxpayer $$$$$ unless the intention is to take advantage of the unintended consequence of using the PBC funds to build the school in the park and not to use health life safety bonds.

Anyway, another special use is required to take the R-3 park land and use it for a school site, shouldn't be too difficult as the Park District just gained approval for ALL of Glen Oak Park to potentially become a zoo overtime with only each new site plan at each new phase of the proposed multi-phase zoo expansion to get another seemingly rubber stamp of approval from the city council,

or will it be more difficult because the City Council would have to sign off on that zoning change for a school in a park that's morphing into a zoo ..... time will tell

especially in view of the fact that Director Noble sent a letter(dated April 27, 2006) to Pat Landes on regarding ZC 06-35B (Zoo Expansion):

Dear Pat:

This document is being filed as a courtesy to the City of Peoria. However, by agreement with City of Peoria Corporation Counsel, Randall Ray, please know that the Pleasure Driveway and Park District of Peoria, by submitting this document should not be seen as setting a precedent to allow the City of Peoria municipal zoning ordinance to thwart the broad statutory authority of the Peoria Park District to plan, build and operate parks and park facilities included within its 60 square mile district. ... The District does not believe it is subject to the City's municipal zoning ordinance nor does it believe it needs a special use permit for the Zoo or for any other park purpose in Glen Oak Park.

Corporation Counsel Randy Ray and Park District Attorney James Konsky will review the 'Wilmette" case as that case has been considered a "very narrow legal ruling."

Hum, where have we heard a similar phrase before "a very narrow legal ruling" --- you guessed it --- President Tim Cassidy (narrow interpretation) when asked about the alleged open meeting act violations about the Peoria Park Board talking about the 'sharing of park land without setting a price' for the proposed school in the park. At least they get an A+ for consistency.

Also, makes us think of the "Unofficial PPD Position" landfill expansion support letter that Director Noble sent and was later recanted by the Park Board 2-22-06 Park Board Minutes, page 7 , any similarity?

We'll have to ask Randy Ray what type of agreement he has entered into with the Park District on behalf of the City of Peoria, which would preclude him from following the decision of the Illinois Supreme Court as quoted below. Stay tuned for another report back.

By the way, the "Wilmette" case; 112 Ill.2d 6, 490 N.E.2d 1282; Wilmette Park District, Appellant, v. The Village of Wilmette, Appellee; No. 62258, Supreme Court of Illinois, March 19, 1986.

Neither the Illinois Municipal Code nor the Park District Code provides park districts with immunity from the zoning ordinances of their host municipality. Nevertheless, the park district takes the position that because the General Assembly has granted park districts authority to operate parks, it impliedly follows that the legislature intended to confer zoning immunity to park districts in instances where zoning may affect park operations.

We find no merit in this argument. The General Assembly has not granted park districts the exclusive authority to operate parks. Indeed, all municipalities, home rule or otherwise, are authorized to establish and operate parks (Ill.Rev.Stat.1983,ch. 24, pars. 11-98-1 through 11-100-1.) Absent an explicit statutory grant of immunity, the mere fact that the park district, a local unit of government, has a statutory duty to operate its parks cannot be extended to support the inference that it can exercise its authority without regard to the zoning ordinances of its host municipality.

That's the decision of the Illinois Supreme Court. We're not lawyers, nor are we giving legal advice .... just siting publically available information for you to make informed decisions (even if you disagree with our views).

So, please prove us wrong, that should Sb2477 become law, that all communciations by D150 would immmediately terminate as they take their $60 -75 million taxpayer $$$$ ball and go play on whatever playground they decide to build.

Please stay tuned for another episode of "As the Kingdom Turns"!