Following a heated debate over whether the Property Tax Extension Limitation Law (PTELL) was properly on the July 20 meeting agenda, the Madison County Board voted to form a subcommittee to learn more about the tax law.
The meeting was held roughly one week after the Board voted to strip Chairman Kurt Prenzler of some powers, so there was some disagreement and tension on how to proceed with the meeting.
Board member and Executive Committee Chairman Mike Walters (R-Godfrey) made a motion to create a subcommittee focusing on PTELL, which would include board members Mick Madison (R-Bethalto), Bill Meyer (R-Hamel), Terry Eaker (R-Bethalto), Chris Hankins (D-Pontoon Beach) and Matt King (D-East Alton). The subcommittee would hire an outside organization to review PTELL.
PTELL caps the total amount certain property taxes may increase year to year by the lesser of a consumer price index or 5 percent. Voters must approve increases beyond that.
Walters said PTELL is complicated. The outside organization would research which taxing bodies would be affected by PTELL and report back to the subcommittee “the good, the bad, and the ugly.”
Walters said the Board would then take the information they learn from the outside organization and present it to “the people we represent.”
He added that his goal is to have the research done by Spring 2023 so candidates running for school board would have to respond to questions about PTELL during their campaign.
In a press release following the meeting, Prenzler said it would be better to put PTELL on a November ballot as the “voter turnout is much higher.”
“Remember, we have 135,000 property tax parcels in Madison County,” he stated. “That’s a lot of taxpayers, and we should give them the best opportunity to vote on this.”
During the meeting, Prenzler did not say anything opposing the subcommittee but said it was his understanding that a resolution to put PTELL on the November ballot was already on their meeting agenda for a vote by the Board. He asked that they conduct two separate votes: one for the formation of a subcommittee and one for putting PTELL on the ballot for the Midterm Election.
A board member explained that when the Executive Committee addressed PTELL, they instead discussed having a subcommittee and “ended up accidentally not voting at all.”
Madison County State’s Attorney Tom Haine said that because the Executive Committee never voted on putting PTELL on the ballot, it is not formally on the Board meeting agenda.
“The committee referred it to a subcommittee and made no recommendation on it,” Haine said.
He added that the PTELL resolution is still on the Executive Committee agenda, which must make a recommendation at its August meeting. However, he said that could be to recommend more time.
Haine said that issues can be “possible items on the agenda” or become moot. He said PTELL was a possible agenda item, but it became moot when the committee did nothing.
Prenzler responded that he put it on the meeting’s agenda in good faith.
“This resolution was put on the agenda properly and according to the Open Meetings Act,” he said.
Prenzler added the proper response to his PTELL resolution would be a motion to postpone or table.
Walters said he wanted to make a motion to postpone Prenzler’s resolution until the subcommittee completed its research, but then changed it to a motion to table PTELL. A motion to table does not require an official date for further review.
Another board member could be heard saying Prenzler’s ruling that his PTELL resolution is formally on the agenda is out of order. Walters then withdrew his motion to table.
Prenzler asked if the board was moving to overrule his ruling. Madison responded that they do not have to vote to overrule because the PTELL resolution was never voted on by the Executive Committee.
“I will not be voting on any such overruling of something that doesn’t exist,” he said.
Ultimately, the Board voted to overrule Prenzler’s ruling that PTELL was already properly on the agenda and instead chose to create a subcommittee. Prenzler’s PTELL resolution was not addressed any further.
“A lawyer representing fire districts, in public comments, advised the county board that their role was to be a ‘gatekeeper,’” Prenzler stated in a press release after the meeting. “And, taking his advice, they kept the gate shut.”
PTELL was enacted in 1991 and applies to approximately 80 percent of the state’s population. In April 1999, Madison County voters narrowly rejected a referendum to enact PTELL. Then in 2018, Prenzler brought it up again before the Madison County Board, but the issue was tabled by a 14-10 vote.
Prenzler tried again to put PTELL on the ballot in 2020, but the board voted 18-6 to postpone the discussion.