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Issue in Lily Lake is a matter for public discussion

It is not uncommon for heated debate or lively conversations to unfold when developers present land plans to village trustees in an open, public meeting. It is far less common for a village attorney to recommend to village trustees that a public meeting might not be the best place to discuss such matters, particularly because a reporter for the Daily Herald happens to be present.

So it was surprising when Lily Lake village attorney Alex McTavish did just that on Tuesday when trustees were being questioned by a development group and its attorney regarding the proposed Huntington Ridge development, a 230-acre housing development along Route 47 and a 46-acre commercial property proposal for Route 47 and Empire Road.

Because it has been a process several months in the works, the developers and their attorney, Ken Shepro, came to the special meeting feeling that some decisions would be made regarding the plan's next steps. When it became clear that the trustees were not going to cast a final vote, the discussions about past revisions and unanswered questions fell more along the lines of "friendly arguments." Apparently, that format worried McTavish, who told trustees he did not think a public meeting was "conducive to frank and open discussion" about the terms of an agreement.

We would remind McTavish that an open, public meeting by its format and nature is the ultimate definition of a frank and open discussion. We would remind village trustees that, even though village attorneys are invaluable for advice on litigation, legal documents and various regulations, they are not hired to discuss all matters presented to the board nor tell trustees how to run public village business.

Lily Lake is not unlike any other small village that does not get a substantial amount of press coverage of its daily village tasks, but when a development that will bring more than 200 more houses into the village along Route 47 is being discussed, local media will report village business to residents who cannot attend the meeting. McTavish should also understand that any comments made that would create an appearance of trying to hide something from the media -- and his comments Tuesday certainly fall into that category -- make taxpayers uneasy.

We're not inclined to leap to the conclusion that someone is hiding something, and are willing to concede that it is possible trustees simply were not prepared to discuss the matter and their lack of knowledge on the topic might have made things worse. That's a probability, not an excuse for private meetings.

But this particular development proposal has been floated in Campton Hills before and then back to Lily Lake, so it leaves us wondering what it is that really needs to be talked about without the ears of a reporter nearby? This speculation is fueled by the fact that McTavish certainly can't fancy himself as the village board president, so under what other premise would he be advising the village trustees to discuss this matter only in secret?

Without planning departments to review development plans before they reach a board meeting, village trustees traditionally talk things out with developers and others seeking to do business with the village in regularly scheduled or special village meetings -- all open to the public and media.

Even though Village President Jesse Heffernan and another trustee plan to meet with developers next week to continue negotiations, we express caution here. It doesn't take much -- even a phone call to another trustee or two during that meeting -- to violate the spirit of the Open Meetings Act.

Trustee Jeff Lonigro clearly understood what was happening when he expressed his opinion that the board was being unprofessional in delaying a vote any longer. He appeared ready for a frank and open discussion where it should take place -- in public. Count us among those who feel the same way.

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