Businessman Concerned With City Business Practices

Lanark City Council Highlight

By Tom Kocal

Local businessman James Hazelbower is concerned with the City of Lanark not conducting business with Lanark businesses - primarily his business. Owner of Southside Service on Rt. 64, Hazelbower voiced his displeasure with a recent purchase made by the city, as well as issues with an easement on his property.

"I was present at the November 4 meeting and asked why my business was not given an opportunity to bid on the new tires that went on the squad car, mentioned in the last report," Hazelbower told the Prairie Advocate after the meeting."They told me they had previously agreed to boycott my business, and when I asked why, (Mayor Kevin Barnes) couldn't come up with the reason.I also asked himwhy Iwasn't given any opportunity to correct or remedy any previous indiscretions, and got no reply, too."

Hazelbower asked to see the minutes of the meetings where council had agreed on the boycott, which he received a few days after the meeting in an e-mail from Barnes.

According to these minutes, on Sept. 18, 2007, "The Clerk informed the Council she has received a $3 late fee from Southside Services.She explained there are not terms or due date on the invoices, therefore she does not feel we should pay late fee. (City Attorney Ed) Mitchell agreed.It was agreed the Clerk would send a letter to Southside stating this."

On Oct. 2, 2007, "The Clerk announced Hazelbower left messages and stopped in the office. Hazelbower pointed out the invoices are due upon receipt.The Clerk explained the bills are only approved at the Council meetings.Hazelbower told her he cannot afford to have open accounts.Payment is due when service is completed.Hazelbower announced there were no problem with the tires.The Clerk explained to him that purchase was pre-approved. Hazelbower told her to get everything pre-approved first.After some discussion, all agreed to take business elsewhere.

"Mayor Barnes read letter from Hazelbower stating the City is abusing easement agreement in regard to dumping and City charging fees.Mayor Barnes asked Mitchell what the easement entitled us.Alderman Macomber reported contractors are using our chips.Hazelbower confronted him about this.The garbage is the remains of the café's recent sale.Mitchell will check the easement and report back at the next meeting."

Then on Nov. 20, 2007, "Ed Mitchell reported Hazelbower had inquired about his easement rights. Mitchell explained the easement is for water and sewer.An additional easement was signed by Rogers and Heisler.The City bought a little piece of property from Heisler.Mitchell was not sure of the details.Mitchell passed out copies.Tract B and C are Rogers.City is Tract A.This gives the right of ingress and egress across property.Alderman Strohecker announced Hazelbower is concerned with others using it not just the City.The City must maintain.We plow our portion for snow.Alderman Grant reported Hazelbower wants all the property to be plowed.Mitchell reported we do not need to do that.Others agreed.Hazelbower closed off other side of property. Mitchell reported we have a legitimate purpose going to the sewer plant.All seemed to agree to have Mitchell send copy and follow up with explanation."

"First off the city minutes do not include all the facts, and personal opinion is added by the clerk (Jackie Hawbecker), who should have no authority to do so," Hazelbower said. "As far as the city boycott of my business, according to their own minutes, it is because of a $3.00 service charge for late payment, period. What a fine example the city sets for supporting local business."

Hazelbower feels that the city's decision was more likely due to other issues he has brought to the council, "which I have every right to bring forward. The issue of easement was and still is, the fact that the septic guy from Chadwick is not one of your vendors doing city work and does not have my blessing, since he supposedly pays you to dump. Thus, you profit from my easement for non-city business.

"As far as my business is concerned the details are stretched to say the least," he continued. The clerk went 45 days on an invoice that was due on receipt, or at least by next meeting, which she failed to tell the council, but later apologized to me for the over-site. I did not tell her to do anything. I may have asked why it couldn't be preapproved first so I could be paid more quickly.It is unfortunate that the council doesn't want to promote city business first. I have had legitimate gripes with other issues and should nothave my businesspunished because some elected officialsdespise me personally."

Some of the "other issues" Hazelbower referred to include his inquiry to Acting police Chief Randy Craft and Mitchell about police "running radar on private property," and his questioning of the legality of one person holding two elected positions for the City of Lanark.

"The city needs to show me the authorizationthe city clerkhas to perform two elected positions, one being an appointed position," Hazelbower said.Hawbecker was duly elected as City Clerk, then appointed to the vacancy of City Treasurer after the resignation of Amy Barnes. "Seems illegal to me. Prove me wrong, please. Someone else should have been appointed to fill the temporary vacancy."

In other city business, council:

- received a letter of resignation from Alderman John Huggins, and thanked him for his service to the community;

- discussed a contractor's inquiry regarding sales tax on materials purchased for work within the Tax Increment Finance (TIF) district;

- planting 10 trees recently purchased from an Eastland High School fundraiser;

- approved Ordinance #842, regarding a correction to the zoning map;

- approved the city clerk to keep full payment received for jury duty.

Council entered executive session at 7:58 p.m. to discuss "pending litigation and police personnel." They exited the closed session at 9:74 p.m. Upon entering regular session, council approved to offer Matt Magill of Mt. Carroll the position of Lanark City Police Chief. They also will offer the status of Corporal to Officer Randy Craft at his current salary. Craft has been Acting Chief since the resignation of former Chief Ron Page in September.

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