Can someone please explain to me how the 'but for the TIF, there would be no development' test is satisfied when I see development going on in town: off hand I see
two developments on Burlington, one real close to the CBD,
two in the CBD proper (VC, Arcade),
and in the near CBD (Pine Av condo conversion). There may be more development going on than this.
thanks for any insight.
mike
Mike,
Yes, that is clearly why VC was pulled out of the TIF district, because the district would not pass the "but for" test any longer.
"But for" means that development would not happen "but for" the monies, incentives to developers.
We clearly DO NOT qualify for this, but it is so loosely worded legally it can somehow get by. I have just heard of a community that fought this argument and won because they could prove development was happenning WITHOUT pilfering monies from other taxing bodies.
Everyone get out your camera and get a picture of that crane in the center of town!
Can a pro tif person such as corbi328 or mr pollock or mr pilarz comment on my question. thanks.
mike
The "but for" test is one that can only be judged with full knowledge of and comparisons to Illinois State Statutes and TIF case law. It cannot be evaluated using standard dictionary definitions.
The TIF Redevelopment Plan is the document that puts forth an evaluation by the Village's consultant, Kane McKenna, as to how the proposed Riverside District meets the "but for" test as it is required by State Statutes and case law. I would caution anyone from offering an opinion as to whether the proposed Riverside TIF meets this test unless they have some familiarity with State Statutes, case law and have studied the Kane McKenna report. I have not and, therefore, I am unable to offer that opinion. I am familiar with Kane McKenna and they are a highly reputable consulting firm. They would not issue a written report and put their good name on the line without believing what they are reporting.
Let me add; I promised myself that I would not be involved in this forum any longer as I see it becoming extremely counter productive. However, I regret that someone has put me in a particular camp, i.e. "pro-tif". I think that a general categorization of anyone as pro-tif or anti-tif shows a certain lack of awareness of the concept of TIF. As I have repeatedly said, TIF is a tool. The effectiveness and appropriateness of TIF (or any other tool) depends 100% on how it is used.
I am not 100% certain as to how a TIF might best be used in Riverside. I do think, however, that a TIF that uses school tax dollars is not appropriate for Riverside. Likewise, I do not see the use of eminent domain for conversion of homes to other uses as appropriate. This opinion comes from my believe that Riverside is primarily a residential community whose primary historical value is based on the Olmsted plan and whose primary current value is based on the quality schools (I also have vested interest in the schools beyond property values). I also do not see the Village as being strong enough financially to take any risk with bonds for downtown development.
I suggest that your discussion focus more on how the Village is proposing to use TIF not on whether the Village should use TIF. This could be more productive and perhaps lead to other ideas of how the Village might use this TIF tool to our full advantage.
Doug,
Very good post. I would urge you not to abandon the discussion as you seem to provide a more balanced perspective than some of the other more passionate posters (including myself). I agree completely with your assessment of the TIF as a tool whose effectiveness depends who administers it. If we can agree on that principal, then this discussion really becomes an issue of trust in our Board of Trustees. The Board of Trustees are elected representatives of the community who serve on a volunteer basis. Since they have been elected, presumably voters have decided that these individuals have the intellect and moral fiber necessary to conduct the business of the Village on our behalf. The TIF is a complicated issue that requires much analysis and study to determine its appropriateness for Riverside, after careful study and consideration for the financial outlook for the Village, the Board of Trustees seems to have concluded that the TIF is the right way to proceed at this time. My belief is that we should let them do their job without trying to micromanage the process.
Yes, Doug, good comment. I did ask the question of the Board that you suggested, namely, whether they were able and willing to sign a resolution foregoing the use of eminent domain in connection with the TIF. The answer was, in effect, a polite no.
Catherine, I think you misunderstood what the board said. I think they are considering it but the real issue is they do not have the authority to abdicate a right that future boards will have by Illinois State law, irrespective of any statement this board makes about emminent domain.
No, I did not misunderstand. That was the reason I emphasized whether they were able, not just willing. Prior, they made no indication they were willing. This was why a citizen later asked them to make a token resolution that could be reversed by a future Board.
They are considering it.
Good. I hope it is the true resolution, and not the PR "fluff" the latter gentleman suggested, with good intentions no doubt but not cutting the mustard.
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