JERSEYVILLE, IL. (ECWd) -
"Illinois Alluvial Regional Water Company" - LOL
Pretty catchy title - however, the fact remains, neither Carlinville nor Dorchester have statutory authority to do what they are doing and their attorney, Mr. David Foreman, gave bad "legal advice."
OK, so we have a "Regional Water Concept" being ram-rodded forward at all cost, even at the cost of lying to the public, trying to end a meeting without public comment, and conducting another illegal meeting without properly posting an agenda and having the meeting in an inconvenient place.
The November 30, 2017 "Meeting"
- A notice was posted at Carlinville City Hall
- NO agenda was posted as required under the Open Meetings Act
- The meeting was held in a location not convenient to the public (45 or so miles from Carlinville)
- The meeting was held in a private building where attendees might be apprehensive about entering
- A majority of a quorum of the Carlinville City Council discussed the public business of Carlinville
Fosterburg Water District
What is the big secret about Fosterburg Water District?
Everyone knows they pulled out of this "company" - FWD even voted to withdraw from the regional water concept and retract their $50k "seed money" at their last public meeting.
The people at this regional meeting act completely ignorant of Fosterburg's decision - which leads us to think that maybe there are some behind-the-scenes dealings going on with the FWD and this company.
There is no other reasonable excuse for not knowing that 1/3 of your Board and their $50,000 are no longer taking part of the concept.
The Attorney for IARWC and Gateway Water Company
David Foreman, the attorney, when the board was confronted, for the second meeting in a row about the statutory authority of Carlinville to join this nonprofit water company - the attorney for this alleged company (and also for Gateway Regional Water Company) spoke up to give his "expert" legal advice:
"the underlying authority for this organization is Article VII, Section 2 of the Illinois Constitution. and there is case-law pursuant to that section authorizing these types of agreements"
Of course, he didn't answer the question, and what he did quote is complete hogwash, and I believe he knew it at the time he gave his "legal advice" - Glad it was "free" advice because it sure wasn't worth paying for.
He quoted Article VII, Section 2 of the Illinois Constitution, which has absolutely nothing to do with this situation, but rather deals exclusively with County Territory, Boundaries and Seats:
SECTION 2. COUNTY TERRITORY, BOUNDARIES AND SEATS (a) The General Assembly shall provide by law for the formation, consolidation, merger, division, and dissolution of counties, and for the transfer of territory between counties. (b) County boundaries shall not be changed unless approved by referendum in each county affected. (c) County seats shall not be changed unless approved by three-fifths of those voting on the question in a county-wide referendum.
Try again Mr. Foreman...but we still believe if there were any resemblance to any statutory authority that Carlinville would have surely waived that in front of our faces already. Oh, and please read up on Dillon's Rule.
Once again we call on the City of Carlinville to provide their statutory authority to participate in the formation and operation of this "company."