The Hancock-Henderson Quill, Inc.
The Oquawka Village Board held it s regularly scheduled Board meeting on February 5th. Village Clerk Jacqui Smith was absent.
( APPROVAL OF MINUTES, BILLS, AND TREASURER REPORT)
Trustee Nancy Bundy questioned two checks written to Belted Cow Orchard. One check is for $257.83 and the other is $539.24. Mayor Robert Eldridge said the only thing he was aware of would be apple cider for the annual wiener roast which would ve been last October.
He mentioned it was disappointing that it was just now getting paid. Village Treasurer Chris Petersen said she thought they hadn't gotten a bill until much later after the fact.
Nancy Bundy asked Chris if she remembered why there were two checks paid out. There was some discussion on the issue and it was decided that the cider bill was probably $257.83 but no one understood what the $539.24 check was for. Eldridge said they would look into it.
Nancy Bundy said she didn't feel comfortable approving the bill. Eldridge said it had already been paid and all they could do now was question it. They eventually voted to approve the bills with Trustee Shawn Lain voting no.
( OPEN DISCUSSION )
Don Rice stated he attended the January work session meeting and that approximately 7 minutes into the meeting he was told he had to leave because the meeting was going into closed session.
Don asked if they were supposed to vote before they went into closed session. Eldridge answered yes and Trustee Brenda Tee stated they did vote. e.
Rice asked who made the motion? Eldridge answered he didn't remember and didn t have the minutes from the meeting in front of him.
Rice then asked if the board was allowed, under the Illinois Open Meetings Act, to vote in a work session meeting. Tammy Bundy answered no. o.
Rice then asked how they could vote to go into a closed session.
Village Attorney Andy Youngquist answered that is was a substance issue. He stated that it was a procedure vote and not a substance vote and therefore was allowed to do so.
Rice then stated he had asked the Village Clerk for the minutes from the December work session and was told minutes aren't kept at work session meetings.
He asked the board if that was true Trustee Nancy Bundy said minutes are kept at work sessions because the meetings are recorded. d.
Rice then stated he would like to see the minutes from the December and January work sessions. He went on to say he felt the Village Board was in violation of the open meetings act. He explained that he had attended the January work session meeting because there were some things in the regular meeting that were tabled until the work session and he wanted to hear about those issues. He said the public was essentially shut out of the open meeting because with the cold weather, no one was going to wait outside for a closed session to end.
There was some discussion about when the meeting went back to open session and sometime after 8pm was the consensus. s.
That would mean the closed session lasted about an hour and a half. Rice stated that he thought he should notify the Illinois Attorney General that there was an open meetings act violation and he felt the Attorney General would agree with him. Eldridge stated they would get him the information that he asked for.
Youngquist suggested that he make a FOIA request (Freedom of Information Act) so that there would be a paper trail.
( MAYOR REPORT )
Eldridge said they needed to discuss a policy that had been adopted a few months ago. The adopted policy stated no unauthorized riders would be allowed in any Village owned vehicle.
Fire Chief Jern asked if this included children riding in a firetruck during the parade and was told that was correct. ct.
Eldridge stated that after discussing this with a number of residents he would like the village to annul the new policy and go back to what they had done in the past.
After more discussion it was decided they should check with their insurance company to see if riders would be covered in the event of an accident.
Eldridge stated Mama's Place Owner Slim McGann had attended the January work session to see if it was legal to employee his 19 year old granddaughter as a bartender.
Eldridge went on to say that according to the Illinois State Liquor Commissioner it is up to the local liquor commissioner to decide whether that can occur or not. He then asked what the board wanted him to do. do.
Trustee Tee said that the Village's current ordinance states for persons under twenty-one on Class A license premises, it shall be unlawful for any person, except employees of licensees Tee said if she's an employee, the current ordinance says it's ok.
Trustee Tammy Bundy asked Robert if he was comfortable allowing that and he answered he was not and he was still tendering his decision because as liquor commissioner he does not endorse this. is.
Tee said then we're going to have to change the ordinance.
Tammy Bundy asked how can she be in there after 10pm. Tee answered she can be in there because she's an employee.
Tee stated her position was that the Village shouldn't dictate who a business hires. She said if the state of Illinois says it's ok then she doesn't think it's the Villages place to tell him it's not ok.
Fisherman's Lounge owner Carol Ossman asked if any bar in town could hire an eighteen year old.
Tee said she emailed the Illinois state liquor commissioner and asked him specifically what is the age to bartend? end?
His response was the liquor control act and it s rules set a minimum age for service of alcohol at eighteen years old .
Tee said she understood Eldridge's concern but she felt the bartenders have to take state required courses and they and the bar owner would bear responsibility.
Eldridge stated he didn't agree with it because at the end of the day it was his name on the liquor license, but they could bring a motion if they wanted to.
Lain asked if they needed a motion and Eldridge said he wanted documentation. ion.
Trustee Nancy Bundy said she wanted to hear from the other bar owners who were in the audience about why they feel it's wrong.
Lucky's owner Nancy Tennent thought it was a responsibility issue. She agreed with Eldridge that he was the commissioner and if something happened it was on him and his conscience.
Carol Ossman agreed it was a responsibility issue. sue.
Several audience members chimed in saying other bar owners didn t have to hire a person under twenty-one if they didn t want to and this decision should be up to the owner's of Mama's Place.
Tee said she didn't think it was the Village's responsibility to say who Slim could hire and who he couldn't.
Audience member Mick Olson asked, for clarity in the discussion, if the State of Illinois reported that an eighteen year old could be in charge of an alcohol serving establishment based on the rules in place in the state of Illinois. nois.
Tee said, because there is a difference in serving and bartending, she specifically asked what is the legal age to bartend in Illinois and the answer was eighteen. Youngquist agreed an eighteen year old can bartend in Illinois.
Trustee Tammy Bundy said we have an ordinance that under twenty-one can t be in the bar after 10pm.
Tee said except employees of the licensee.
Trustee Nancy Bundy said if the board doesn't like the ordinance then they need to get rid of it, until then they need to follow the it.
Mick asked, according to state law and local ordinance, if Slim had this girl working there right now as a bartender, is he in violation of any law? Answer: NO.
No action was taken and under current law Slim can hire his granddaughter.
( Author's Note:)
Since the ordinance in question was never actually cited in it's entirety during this discussion, I am going to write it out here.
3-2-10 PERSONS UNDER TWENTY ONE ON CLASS A LICENSED PREMISES: ISES:
It shall be unlawful for any person, except employees of licensee, who has not attained the minimum age specified by Illinois law for purchase, receipt, or consumption of alcoholic liquor, to enter and remain within the premises with a class A license; except, that when food is served is separate and apart from the bar area of said premises, such person, if accompanied by a parent or guardian, may enter and remain in the area where food is being served for the purpose of consuming such food until the hour of ten o clock (10:00) P.M., daylight saving time. (Ord. 705, 9-5-1995)
( ATTORNEY REPORT )
Youngquist stated there was a discrepancy in the legal property description of the fire station in the Oquawka Fire Protection District purchase agreement.
There was some discussion between Youngquist and Mick Olson concerning public ground versus public right of way and if a survey would be needed. Younquist stated it was not right of way and therefor the description was easy to fix.
Youngquist said there was an error in the tree cutting complaint paperwork and it would need to be redone He said he would get it fixed and get the complaint filed.
( STREET AND WATER )
Street Department Supervisor Jeff Petersen said the new backhoe had arrived. Trustee Shawn Lain stated he thought the board should meet with Jeff and Henry the maintenance and upkeep that would be expected as it is a $100,000 piece of equipment. Mayor Robert Eldridge told Petersen to go ahead and use the backhoe and they would meet with them later. Trustee Nancy Bundy said she wanted to thank Jeff and Henry for all the work they had done in cleaning the streets.
( POLICE REPORT )
Acting Police Chief Clifford Adam stated he had been contacted by a person from State of Illinois Law Enforcement Special Operations Unit.
He said there is a program in which the Oquawka Police Department can get free equipment from the Special Operations Unit. He noted some of it is chairs, desks, Computers but also could be vehicles. cles.
He said it could be cars, vans or 4x4 vehicles. He said he was looking into getting a 4x4 for winter driving conditions and that the only thing the Village would be responsible for is maintenance and repairs. He went on to say that if the government doesn t want the vehicle back after two years they just send the title.
He stated he had spoken with Police Chief Vancil in Stronghurst and they had received a HumVee. After two years the government sent them the title and they may sell it now.
Tee let Chief Adam know that she and Lain were on the agenda for the county board meeting to discuss the dog catcher. She asked anybody who was free, to attend.