Kendall County Times

City of Sandwich Committee of the Whole met Oct. 7.

Here are the minutes provided by the committee:

1. Call to Order: Mayor Latham called the meeting to order at 7:00 PM.

2. Pledge of Allegiance was led by Alderman Fritsch

3. Roll Call

Present: Mayor Latham, City Clerk Ii, Aldermen Arnett, Erickson, Fritsch, Johnson, Kreinbrink, Littlebrant, Robinson & Whitecotton

Also present: City Administration Penman, Police Chief Senne, EMA Director Eberle & EEI Engineer Dettmann

Attorney Gottschalk arrived at 7:06 PM

Quorum established

4. Mayor’s Report: Mayor attended a DeKalb County Storm Water Management Planning Meeting discussing the different watersheds located in the County. He also met to update developers within the community.

5. Attorney’s Report:

A. Update on Pending Litigation: Attorney Gottschalk was in court last week and obtained a Default Judgment. The defendant has 30 days to respond, and the next step would be for the City to move forward with all necessary action to remedy that property. She has been in contact with the attorney representing the Railroad Street property, and that their client is attempting to make some effort.

B. Solar Field Termination Agreement Update: Attorney Gottschalk had a meeting with the representative from Nelnet and derived some information that makes everything make sense. The City initially entered into a contract with GRNE Solarfield 10, LLC, who was later acquired by Nelnet in 2022. There appears to be miscommunication internally on behalf of Nelnet. The representative will speak with upper management regarding a proposal. Attorney Gottschalk posed the question if someone came in to proceed with this project on work already completed, this could be passed along to the new contractor, is the intention and hope of the City to still proceed? She added that there is compensation due for work that has been completed, but admitted it is unknown what is useable at this stage. Alderman Arnett noted that there are internal costs incurred on behalf of the City that included EEI (Engineering Enterprises Inc), attorney costs and City staff costs adding that City should be made whole since the City did not break the contract. Attorney Gottschalk stressed the added cost of litigation. She also noted that she would need breakdown on costs incurred by city staff; she has that information for EEI and herself.

6. City Clerk Ii: Lisa Managers, whose anniversary was September 29th, had requested a payout of 40 hours of unused vacation hours and a carryover of 40 hours unused vacation hours. She will forfeit 14 hours of unused vacation. City Administrator Penman advised that this matter had already been addressed by himself and the mayor.

Clerk Ii explained that she had learned earlier in the day that her integrity, as City Clerk, was being questioned, and felt that she had been punched in the stomach. She advised the council not to believe the falsehoods that are being said.

7. Treasurer’s Report: Vacancy

8. City Administrator Penman

A. Report on Latham Street Project: Randy Newkirk, HLR (Hampton, Lenzini & Renwick), provided an overall review of the Latham Street project and why HLR is requesting an additional $63,000 in the final payment. The project is currently 99% complete with some remaining punch list items to be addressed. Vegetation in the ditches can take up to a year to mature, and HLR will replace at that time if the grass does not grow. There is a lot of documentation required to be submitted to IDOT prior to their final approval. All funds were used adequately under IDOT’s guidance. The engineering supplement reflect utility delays and price increases from the initial start of the project in 2022. The 26- week project now stands as 31-weeks. Funding for the project included KKCOM, CMAP (Chicago Metropolitan Agency for Planning), Rebuild Illinois, MFT (Motor Fuel Tax), City’s sewer and water funds, and federal funds. Overall cost of the project is $2.9 million.

B. IML Conference Update: Cit Administrator Penman reported that he had attended the IML (IL Municipal League) Conference in Chicago on September 19-20. His favorite session was “Making Value Based Decisions”. He thanked the council for the opportunity to attend.

9. City Department’s Reports:

A. EMA Report – Tony Eberle: Director Eberle report that on September 24th, he attended a weather preparedness class in Aurora affording an opportunity to interact with neighboring communities. On September 27th, FEMA participated in the motorcycle run at the VFW, and on October 5th, they participated in the Sandwich Fire Department Open House. On Sunday, they will also be attending the annual Cortland parade.

B. Police Chief Senne shared highlights of the police department since the last council meeting:

• Events attend: Walk & Talk; Taste of Sandwich, Ribbon Cutting, Homecoming parades, Homecoming game, Homecoming Skate Park event, National Coffee with a Cop, Coffee Before Business, Walk to School with Prairie View, Cub Scouts Pancake Breakfast, Fire Safety Day, Silent Lights Parade, and Truck or Treat event

• New laptops have been updated for initial sign on and mobile communications with the County

• Thank you to Sgt. Eisenberg on installing the mobile computer icon on the desktops. This will allow officers to be able to write reports on the desktop computers. PD is working with AID and Central Square on the problems

• Congratulations to Wendy Flowers for 27 years of service this month

• Applications for officers has been distributed

• Officer Dwyer will be going to day shift the week of October 21st to finish up his training • Officer Lundsteen is doing well in the academy.

• Shared a Facebook comment regarding Officer Bright on the Walk to School

• PD now has a secured box in the vestibule for payment of compliance citations. A door bell has also been installed at the front desk area

• October is Breast Cancer Awareness Month and Domestic Violence Month. PD will be flying flags for both causes

• New squad car is in Crystal Lake having equipment installed. Chief would like to purchase a second squad in mid-December or early January

• PD’s Halloween Bash will be held on October 23rd from 5-7 PM

• Will have some extra traffic enforcement this month for the traffic grant. Will include a 5-hour detail for DUI enforcement

• Sandwich PD assisted Plano with their homicide and subsequent suicide

• Thanks officers for all the work they are doing

B. Engineering – Curt Dettmann provided updates:

• There are some still remaining punch list items from the 2024 Pavement Management Program. The last payment due on the Dayton Street is being reduced daily until the punch items are addressed.

• HLR (Hampton, Lenzini & Renwick) are working on the final design for the Main Street improvements. It is anticipated bid letting will be conducted in March, 2025. A letter will be submitted to KKCOM (Kane Kendall Council of Mayors) for additional funding.

• The plaque has been ordered for Johnson’s Floral. Coordination is under way with Crack Attack for the sidewalk project.

• Regarding the plan and design on the solarfield project with Nelnet, there is no guarantee that work completed may be conducive for a new company, and any future revisions should be absorbed by Nelnet.

10. Council Reports:

Alderman Arnett thanked EMA Tony and Chief Senne. In the Street Department, stump grinding and tree removal is underway. 14 trees have been replaced. Leaf collection starts on Monday, October 28th, in Ward 1.

Alderwoman Johnson addressed the Latham Street project’s need for additional funding feared the City would be unable to obtain more funding. Randy Newman (HRL) admitted the project is nearing depletion of necessary funds. He stated he has shared with the Mayor that HRL sacrificed some of their own funds on this project. Admitting he had no answer, HLR will be turning to IDOT (IL Department of Transportation) for direction.

Alderman Kreinbrink, mirroring the same concerns on the Latham Street project, he questioned if the City Attorney has addressed voiced concerns. The response was no since the problem was made aware this past Friday. He felt that if delays were made aware at the start of the project, the Council should have been made aware of possible additional fees. He felt the Council was not in a position to vote on amending the contract with HLR. On October 15th, there will be JULIE locator training for the public works department. Training will be held at the Public Safety Building with neighboring municipalities attending.

Alderman Littlebrant thanked City Administrator Penman. Additionally, he expressed that he does not want to see the City expend money on litigation.

Alderman Robinson commented on the bio’s for municipal officials on the new website, noting that the Mayor’s bio read more political since it was the only one listed. He added that there were job postings that the Council was not made aware. He was not aware that the City was in need of a licensed wastewater operator. The Mayor directed questions regarding employment to the City Administrator.

11. New Business:

A. Discussion of City Administration Ordinance: City Administrator, Geoff Penman, has requested an ordinance defining his position as city administrator as well as expected responsibilities. October is the two-year anniversary of the hiring of Geoff Penman in the role as City Administrator. Geoff spoke emphasizing he needs to know the council’s expectations for his position, and for the public to know what are his responsibilities. He provided a copy of Plano’s ordinance as a sample, but added his role does not have to be the same as Plano’s. The Mayor’s recommendation was to review the ordinance provided, and also to seek other communities for a job description on their city administrators. Alderman Arnett pointed out that Geoff’s job description, as now in place, is an impossibility for any one person to maintain. It was recently addressed in earlier meetings that as deputy clerk, Penman would work under the City Clerk.

B. Discussion of Heating & Air Conditioning Units Replacement: City Administrator Penman explained that there are two units in the Annex that have been serviced repeatedly in the last months, and recommends replacement. He has spoke with Economic Director Alesky who thought there might be grant money available. He would like to have the replacements finalized by the end of the year citing continual changes in technology. Council would like to see additional quotes / proposals on the replacements before committing to a final decision.

C. Discussion of Opera House Water Softener Replacement: Alderman Fritsch explained that the toilets in the Opera House are not flushing properly for over a year and appears to be a pressure issue. He met with Veteran Plumbing and it was discovered that the water softener is undersized and a residential instead of commercial sized unit. It was estimated the cost to replace with a commercial water softener would be under $10,000. Alderman Fritsch also noted that the toilets in the Annex Building are also experiencing the same problems. Council questioned why the plumbing company that installed the new toilets and water softeners did not realize the potential problems. Council felt the installer should be contacted first prior to making any final decisions.

12. Old Business:

A. Ordinance 2024-15 entitled “An Ordinance Amending Chapter 2 – “Administrator”, Article III – “Officers and Employees”, Division 4 – “Clerk”, Section 2-178- “Election; Term” of the City of Sandwich Municipal Code” presented for discussion and possible approval. Attorney Gottschalk advised that the ordinance provided in the aldermen’s packets is not the updated draft of said ordinance. Language referencing the 2/3 vote of the council is to be removed. She does not suggest the Council approve the ordinance which would protect the position of the City Collector, to be held by the City Clerk. The position of City Clerk is an elected position, whereas the position of the City Collector is an annual appointment by the Mayor. With the Collector’s position offered, the Clerk’s position is more appealing for one running for election. Many communities no longer have a collector’s position, but do have a treasurer or finance department that would absorb the duties of a City Collector. Under IML (IL Municipal League) guidelines, a city clerk / collector is supervisor over office staff. Attorney Gottschalk explained much is due to interpretation, and both positions cannot be combined.

B. Azavar Agreement: City Administrator Penman indicated that the City was not pleased with the proposed contract and returned to them for revisions. Azavar will be paid a percentage of whatever is found in “lost tax revenue” to the City. Recommendation is not to approve tonight during the Regular Council Meeting following. Azavar is not to create a new tax, such a streaming tax. Alderman Whitecotton shared that when Plano hired Azavar in the past, it put a lot of burden on the City Clerk obtaining necessary documentation, and lack of communication.

C. Street Garage (207 E. Railroad St) Repairs: Alderman Arnett encouraged the council to inspect the street garage that is experiencing numerous subsurface cracks throughout indicating the building is failing. $300,000 was budgeted for maintenance repairs. Alderman Fritsch felt that if tuckpoint or caulking repairs were made, that would buy the building another 5-10 years. Another alternative would be to hire an architect, and let out for bidding on repairs. Alderman Kreinbrink noted the city has been aware of the problem for over a year without action, and needs to address the problem now. City Administrator Penman felt an architect is required to give the city direction on what exact needs are required.

13. Announcements: None

14. Audience Comments:

Kelly McDuffee thanked those who have cooperated with her FOIA requests adding that those that have not, she will see that they are unseated when the next election cycle comes around. Her past FOIA requests still remain incomplete. She has been in touch with the PAC, through the Attorney General’s Office, who will be contacting city officials for blatant disregard and lack of information on her requests. Regarding job descriptions, it appears that everyone in the office has the same job description that makes no sense. In a FOIA request, she discovered that an ordinance (2004-42) that requires the mayor work a 40-hour work week at an annual salary of $20,000.00. The current sitting mayor was an alderman at the time the ordinance was passed, and knew the mayoral position was full time. Ms. McDuffee feels that the current mayor is in breach of his obligation. Regarding the issue regarding the position of City Clerk and City Collector, it appears the Mayor and City Attorney are trying to turn the collector position into something else and preventing the Clerk from her job duties as collector.

15. Adjournment: Alderman Robinson moved to adjourn the meeting at 8:54 PM. Alderwoman Erickson seconded. Motion carried unanimously via voice vote.

http://www.sandwich.il.us/media/2616