Kane County Reporter

Geneva Mayor Kevin Burns pushed the Burton Foundation’s bid to develop a mixed-housing project at the former Duke and Lee’s site at the corner of 3rd Street and South Batavia Avenue, despite the Illinois Housing Development Authority (IHDA) notifying the Burton Foundation that it was out of compliance and unable to receive grants for such projects, according to Geneva resident Mark Porter.

Porter, a former police officer turned tech CEO, has raised concerns about potential corruption regarding Burns and city officials, alleging that they are working closely with the Burton Foundation to push the project through without proper transparency.

Porter is now raising alarms following a Freedom of Information Act (FOIA) request he filed that reveals the Illinois Housing Development Authority (IHDA) denied Burton Foundation’s application for a 9% Low Income Housing Tax Credit (LIHTC).

“What we’ve been saying all along is that she was not following the rules, that she’s not a good steward, that this is not a developer to be partnering with in the city,” Porter told the Kane County Reporter, referring to Tracey Manning, president and founder of the Burton Foundation.

In the IHDA letter, the Authority informed Manning and the Burton Foundation that it would not accept the Burton Foundation’s application for funding in the 2025 LIHTC round.

The letter, Porter says, confirms the Burton Foundation was not following the rules necessary to secure LIHTCs, despite assurances from local officials that the development was legitimate and in compliance.

“They’re rejecting her application because she’s got uncorrected noncompliance, and then it goes on to say not only are they not accepting her application for this Tartesso project, but they’re demanding to sit down to talk about noncompliance across the portfolio,” Porter said. “They want to build a plan to bring her back into compliance before they’ll consider any future applications or projects.”

The letter, signed by IHDA Managing Directors Christine Moran and Myriam Weaver, cited uncorrected noncompliance issues that had not been addressed by the Burton Foundation.

“We regret to inform you that the Authority will not accept an application for the proposed development in the upcoming 2025 Low Income Housing Tax Credit Application Round,” the letter read. Despite the organization’s efforts, IHDA found several unresolved issues that led to the rejection of the application.

The letter also suggested that Manning schedule a meeting with IHDA officials to discuss the noncompliance issues and work toward correcting them. 

“We would like to schedule a meeting to discuss your portfolio and a path forward to correcting any noncompliance issues,” the letter continued.

Porter, who has made multiple appearances at Geneva City Council meetings, specifically questioned the timeline of events and accused local officials, including Burns, of withholding information from the public, pointing to the letter received by the Burton Foundation on Feb. 20, 2025, as pivotal evidence.

“February 20 was 11 days before my first appearance at the council, where they shouted us down and called us ignorant and all sorts of unpleasant things,” he said. “And (Burns) had to have known she got this letter.”

Porter’s first appearance at the Geneva City Council was on March 3, and a subsequent appearance occurred on March 17.

Porter, a former police officer turned tech CEO, has raised concerns about potential corruption, alleging that Burns and city officials are working closely with the Burton Foundation to push the project through without proper transparency.

“So we apparently only have the Burton Foundation interested in this project in Geneva,” Porter said.

Porter has been a vocal advocate for transparency in the development process and claims that public scrutiny was deliberately avoided in the case of the 3rd Street development.

He has also argued that the nonprofit status of the Burton Foundation is misleading, pointing to Manning’s substantial salary just shy of $200,000 per year and her financial ties to Door Creek Construction, which has received millions of dollars for projects associated with the foundation.

Door Creek Construction is owned and operated by Manning’s husband, Bryan Fellhauer, who runs the for-profit company that has handled multiple construction projects for the Burton Foundation.

Porter also pointed to the close ties between the Burton Foundation’s leadership and Geneva’s mayor.

“The husband of the president of the Burton Foundation is a high school friend of the mayor,” Porter told the Kane County Reporter for a previous story on the matter. “His father was a lifelong city employee.”

Porter has noted that several past Burton Foundation developments, including Emma's Landing in Geneva, have been marred by complaints from other towns and instances of neglect, which he claims were “conveniently overlooked” by the Burns Administration.

Porter pointed to a tragic murder at Emma's Landing, where a mother and child were killed in December 2024. He argues that the pattern of neglect and lack of oversight in the Burton Foundation’s projects could have contributed to the tragic incident.

His investigation has led to a formal inquiry by the Illinois Attorney General’s office, focusing on possible violations of the Open Meetings Act following claims that city officials, including Burns, may have concealed critical information related to the 3rd Street development and the Burton Foundation’s finances.