Politics & Government

Board Ratifies Ordinance After Potential Open Meetings Act Violation

Resulting from Deer Park resident complaint, Lake County state's attorney identified inconsistencies between motion trustees voted on and final ordinance regarding LA Fitness taking over former Wickes property.

Trustees voted Monday to ratify an ordinance previously approved Sept. 6 after a complaint was filed with the Lake County State’s Attorney's Office regarding a potential Open Meetings Act violation.

The complaint was lodged by a Deer Park resident who lives near the former Wickes building, 825 S. Rand Road, where .

At issue was the wording of the approved ordinance, which did not include amendments made during discussion by trustees.  

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The changes discussed by trustees included a requirement for Oxford Development to apply tinting to a window that faces the residential area the Deer Park resident lives in to reduce glare into the neighborhood during the evening hours.

“The discussion (at the Sept. 6 meeting) did involve the issue of exploring tinted windows and making that a requirement,” said Village Attorney Carlos Arevalo. “The only flaw in the process was that the motion did not include that particular amendment — the motion was not made properly.”

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Janelle Christensen of the Lake County State’s Attorney's Office said it appears that the ordinance was changed after trustees voted on it, presumably by administration, and the action falls under the scope of an Open Meetings Act violation.

“It is an unlawful action because the wording of an ordinance cannot be changed after a board votes on it, but the solution is ratification of the ordinance to include the changes,” Christensen said.

Christensen said she would provide a refresher training for the village about Open Meetings Act requirements during a meeting before the end of the year, something she says is done with municipalities throughout Lake County from time to time.

Arevalo said the ordinance did not match the motion made during the September meeting.

“It was a miscommunication between the motion made and the final ordinance,” Arevalo said.


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