Among the many points of contention raised at Friday’s public hearing in Balaton concerning the future of the municipal liquor store was an apparent breach of the open meeting law by the Balaton City Council. That issue arose because of the forwarding of a single email from Mayor Lonnie Lambertus to council members. The original email was one from City Attorney Matthew Gross to Lambertus, sent Dec. 29, that covered the procedure for the hearing.
Procedure bullet points included options the council would have for the business. The email stated that after the hearing concluded, the council could discuss whether or not to keep the liquor store open and give reasons why it would close.
The email also stated that the council has the option to close the liquor store, and no further meetings would be required.
Some members of the crowd questioned the council and accused them of an open meeting law violation. However, there was nothing in the email that could potentially influence the council on a potential decision on the business, with one possible exception.
In the email from Gross to Lambertus that was ultimately shared by the mayor with the council, councilmember Tracy McCloud’s name was included, essentially naming him as a possible candidate to buy the liquor store.
In an interview with the Tracy Area Headlight Herald a day after the public hearing, McCloud said his initial intent on moving to Balaton was to own two businesses within three years — Balaton One Stop and 3rd Street Bar & Grill, not the liquor store.
McCloud was called out by at least two people in the meeting, but chose not to respond out of respect to the real purpose of the event.
“This was for the public to express their concerns,” he said. “I respect the process.”
A member of the audience asked, “If Tracy is first up to buy the bar, does he get to vote on it?” Balaton Mayor Lonnie Lambertus replied with a “no.”
McCloud believes the reason his name came up as a potential buyer of the liquor store was because he had previously inquired about what someone on the council would have to do if they were interested in buying the bar to prevent it from closing.
“I do not want to see another business close in Balaton,” he said. “So, if I could put my name in the hat and make something happen to keep a business open, absolutely I would do that, just like anybody in the room (Friday night) could do.”
McCloud made it clear that if he were to bid on buying the liquor store, he would recuse himself from any vote pertaining to a potential sale. He would also remove himself from the liquor store committee.
