A week before the Geneva City Council was to consider an appeal of the Historic Preservation Commission’s demolition denial of the circa-1843 blacksmith shop, two alderpersons met with a Shodeen representative about what could memorialize it – after demolition.

At a special City Council meeting Jan. 12, the Council voted 6-4 to overturn the denial, one vote shy of the seven needed.

Records released following a Freedom of Information Act request show 3rd Ward Alderpersons Dean Kilburg and Larry Furnish both met privately Jan. 5 with David Patzelt, president of the Shodeen Group, which owns the former Mill Race Inn property at 4 E. State St.

Both voted to overturn the preservation commission’s decision and allow demolition.

‘No more than 3′

Patzelt told Shaw Local that he “extended an offer to meet with any and all [Council members] through Dean.”

Kilburg used his personal email to inform other Council members to meet with Patzelt, records show.

“What he wanted to do is show us some things memorializing the blacksmith shop,” Kilburg said.

Kilburg wrote in the Jan. 3 email he sent to other alderpersons: “Dave Patzelt with Shodeen will meet with any council members interested in meeting prior to the 1/12 meeting as appropriate (no more than 3).”

The reference to “no more than three” was to avoid a violation of the Open Meetings Act, which states a majority of a quorum – in this case four – constitutes a public meeting.

“This provides a chance for raising possibly your questions or ideas not appropriate for the special meeting and for Dave to hear your thoughts and share possible ideas for the historic piece. Are you available next week to possible meet?” Kilburg’s email stated. “I was asked and just trying to facilitate communication to find a path forward.”

Furnish said he and Kilburg went together that morning.

“I just wanted to hear the Shodeen side of things,” Furnish said. “He answered all the questions we had to ask about, ‘Can you save it or not?’ ‘No, it can’t be saved.’ The foundation is gone, the walls are deteriorating and the ceiling needs to be replaced. ... It’s not economically feasible to rebuild it and nobody wants it.”

Furnish said Patzelt showed them a picture of what a memorial for the blacksmith shop could look like, “which I thought was kind of nice.”

Patzelt declined to share the photo with media.

‘Conflicts real or perceived’

City Attorney Ron Sandack sent a Jan. 5 memo to all alderpersons, warning of “conflicts real or perceived related to invitations to meet with Shodeen,” because their only job at the special meeting was to sustain or overrule the Historic Preservation Commission decision.

“I strongly suggest that all Council members refrain from any other actions or activities and constrain themselves only to the written record and the transcript of proceedings before the HPC, because that – only that – comprises the official record for Council’s review, deliberations and decision-making process,” Sandack’s email stated.

“Doing otherwise may jeopardize the deliberative process and result,” Sandack’s email stated. “In sum, no impermissible outside processes/information or the like should be entertained.”

Sandack’s letter, however, didn’t arrive in the Council members’ email until after Furnish and Kilburg had already met with Patzelt.

Kilburg and Furnish both defended meeting privately with Patzelt.

“I think that as a councilman, that is my job,” Furnish said. “I have to talk to the public.”

Kilburg said he looked at the attorney’s memorandum as “advised, not required,” anyway.

Kilburg said that under the guidelines of the special meeting, the Council was only able to vote up or down on the demolition appeal, not discuss anything else.

“I wanted to take the opportunity to find some common ground, to have something there after a decade,” Kilburg said. “To say yes or no to the HPC and their decision – how does that advance finding some type of resolution? ... I want to see something constructive there. Gridlock does not give us anything.”

Third rail

Kilburg said 95% of the work the Historic Preservation Commission does is meaningful and appropriate.

But when the commission runs into something controversial like the blacksmith shop, Kilburg said, “It’s the third rail and they do not touch it.”

The term third rail refers to an additional rail that supplies electricity for railroads – but which politicians refer to as something too controversial to talk about.

“It was the safe thing to do, to punt it to the Council and let them make the hard decision,” Kilburg said.

Historic commission Chairman Paul Zellmer disagreed.

“I don’t think we punted at all,” Zellmer said. “I feel we made a careful review of everything that was presented and made a decision based on just the facts. I would say we followed the process that the city ordinance has and used best practices when it comes to preservation to make this decision.”