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September 28, 2022

Clark Co. Park District cancels Architectural Control Committee meeting –

By John Kraft & Kirk Allen

On July 20, 2015

Clark Co., IL (ECWd) –
On July 20, 2015, the Clark County Park District’s Architectural Control Committee, consisting of Kuehnel, Stone, and Ewing held a meeting (click here for agenda). The problem with this agenda is that it does not fall under the established and written scope and purpose of this committee, therefore a meeting of this committee to discuss items not under its scope and purpose is not allowed.
At the beginning of the meeting, I voiced my concerns and asked them to immediately cancel the meeting to avoid holding an illegal Board of Commissioners meeting since there was a majority of a quorum of the board of commissioners present. After almost a half an hour, and a call to their attorney, the committee decided to discontinue this meeting and discuss the leases at the special meeting of the Board of Commissioners on Wednesday evening.
This would have been the second inappropriate meeting of this committee, with the first one being on July 11, 2015. I understand someone has already filed a Request For Review with the Illinois Attorney General’s Public Access Counselor “PAC” on that meeting.

Architectural Control Committee

The Architectural Control Committee, as defined by the Board of Commissioner in the “Covenants” for the “Leased Lots” has oversight responsibility for the leased lots as defined by the map of the leased lots.
The Architectural Control Committee cannot meet to discuss items of public business that are outside of its stated purpose. There are several things that this prevents: 1.) it prevents a majority of a quorum of the board of commissioners from meeting to discuss items falling under the entire board’s responsibility, under the guise of committee business, and, 2) when they meet to discuss items outside their scope and purpose, it creates an illegal meeting of a majority of a quorum of the Board of Commissioners.
Both diminish the public’s right to know, and their right to attend meetings.

Architectural Control Committee Purpose as stated in the Covenants:

(b). Purpose and Powers: The purpose of the Committee to promote the reasonable development and maintenance of the Subdivision, and the enhancement of property values therein.
Nothing in that paragraph pertains to adjacent property leases.
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