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Thursday, May 16, 2024

Village of Bartlett Committee of the Whole met April 2

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Village of Bartlett Board of Trustees | Village of Bartlett

Village of Bartlett Board of Trustees | Village of Bartlett

Village of Bartlett Committee of the Whole met April 2

Here are the minutes provided by the committee:

1. CALL TO ORDER

President Wallace called the Committee of the Whole meeting of April 2, 2024 of the President and Board of Trustees of the Village of Bartlett to order on the above date at 7:30 p.m.

2. ROLL CALL

PRESENT: Chairmen Deyne, Gandsey, Gunsteen, Hopkins, LaPorte, Suwanski, President Wallace

ABSENT: None

ALSO PRESENT: Village Administrator Paula Schumacher, Assistant Village Administrator Scott Skrycki, Sr. Management Analyst Sam Hughes, Human Resources Director Janelle Terrance, Finance Director Todd Dowden, Director of Public Works Dan Dinges, Assistant Public Works Director Tyler Isham, Village Engineer Nick Talarico, Planning & Development Director Kristy Stone, Grounds Superintendent Matt Giermak, Police Chief Geoff Pretkelis, Deputy Chief Rob Sweeney, Deputy Chief Will Naydenoff, Village Attorney Kurt Asprooth and Village Clerk Lorna Giless.

3. TOWN HALL: None

4. STANDING COMMITTEE REPORTS

A. LICENSE AND ORDINANCE COMMITTEE, CHAIRMAN HOPKINS

1. Ordinance Amending the Bartlett Municipal Code Regarding Certain Village Officers

Chairman Hopkins stated that many of the day-to-day functions that are delegated to the Village Clerk and the Deputy Clerk under the Village Code are performed by full-time village staff members. This draft ordinance would revise the Village Code to conform to current practices and eliminate the position of Deputy Clerk and create a new “Licensing Coordinator” office. This position would oversee and administer the issuance of all village licenses and assume the duties of the Village Clerk in the Village Clerk’s absence. The ordinance also removes outdated and unused provisions.

Village Attorney Kurt Asprooth stated that with Lorna Giless retiring, they have been looking at how to conform the code to current practices with how things operate on a day-to-day basis. The current Clerk position is a part-time position and the salary is $4,500. There is a very limited set of duties that the Clerk has and they are set by statute. This ordinance does not change the Clerk’s duties and it doesn’t create any new full-time position. It is basically taken the position of Licensing Coordinator (all those duties like the issuance of licenses and signing of documents) is already performed by full-time staff. This ordinance would essentially create that office and consolidate all those duties to a full-time Administration staff member. This way it is clear that whomever the newly elected Village Clerk is and they are not in the office, there is someone there to sign an ordinance, issue a license or permit, etc. Since this is obviously a part-time job, they will not to be in the office every day. We are taking the position of Deputy Clerk and some of the other duties performed by village staff, rolling them all into the Licensing Coordinator position. This would not be a new full-time position but in another title that would presumably be designated to a staff member. This ordinance does not eliminate the Clerk’s position or change the Clerk’s duties. It changes the Deputy Clerk and some of the licensing duties that would be done by full-time staff members. He stated that he would be happy to discuss any questions about the ordinance or what the Clerk does and how we can work through this and what that new position is.

Chairman Gunsteen stated that if he reads this correctly, the major portion of this is the Clerk (whomever it may be) is not required to work at the village.

Attorney Asprooth stated that since it is an elected position, there is no way we could compel them to show up and sign documents, etc. This is why you have a Deputy Clerk or in this instance it would consolidate that position on to the Licensing Coordinator. If the Clerk is not available there is someone that can sign a license and issue a permit. Those are still things that the Clerk or the clerks designee or whoever we designate to hold that seal, needs to be able to sign.

Chairman Hopkins stated that the mayor appoints the Village Administrator to run the day-to-day operations so the Clerk would also have a position and it would be a full-time position in the village. One thing he didn’t like was that he thought the Clerk needs to appoint the License Coordinator or the Deputy Clerk. It should not be the Village President. Those are two separate things and they should be separated.

President Wallace stated that Lorna Giless is here every day and that is what we are trying to fix.

Village Administrator Paula Schumacher stated that they would like to do this with the annual appointments in May where the mayor makes the appointment and the board approves it. We were just treating it like one of those positions.

Chairman Suwanski stated that those are Village Officers – correct?

Attorney Asprooth stated yes, this would be a Village Officer or the one making the appointment.

Chairman Suwanski stated that they would be creating another officer position.

Attorney Asprooth stated yes, and eliminating the Deputy Clerk position.

Chairman Suwanski asked if the current Clerk could give an idea of what percentage of her time is spent outside of working hours.

Village Clerk Lorna Giless stated that is so intermixed since she has been doing it so many years. They are trying to separate the Clerk position whereas they attend meetings and put together the ordinances that are approved at the board meeting.

Chairman Suwanski stated that signatures are acquired after the board meetings.

President Wallace stated that there are times when he has to go in and sign off on other things that come up. Since the Clerk will not be in the office full time, the full-time Deputy Clerk will have the ability to sign on the Clerk’s behalf.

Chairman Gandsey asked what the new process will look like with a Licensing Coordinator and a Village Clerk. How do they pass that information to the Village Clerk.

Ms. Schumacher stated that most of the licenses have been moved on-line. It is the review and signature, not the Clerk doing that process.

Chairman Suwanski asked what percentage of Mr. Hughes time is taken up as a Deputy Clerk.

Deputy Clerk Sam Hughes stated that it is intermixed and depends day to day. Sometimes we receive several FOIA’s or a new business applies for a license and has questions about the process, etc. Since Joey left he has taken over the business license duties.

Ms. Schumacher stated that the busiest time is the annual renewal process. They changed the on-line process making it easier for business owners to update the information, pay and renew the license. If there is an issue or information is incomplete or there are changes to their liquor license, these take more time. The majority of our business licenses are done on-line with the business owners.

Chairman LaPorte asked if the previous clerk, Linda Gallien, was employed by the village.

Ms. Schumacher stated that Linda Gallien and before her, Linda Harper, were employed by the village.

She stated that some of the changes incorporated in the updated draft ordinance removed vacation accruals and does not stipulate office hours. It is separating the employee from the office.

Chairman Gandsey asked what happens if a newly elected Village Clerk wants to be in the office.

Ms. Schumacher stated that is great and they are happy to have them. It really is “keeping the wheels on the bureaucracy” if you have a Clerk that is not available to do that.

Chairman Suwanski stated that she would like to see the next elected Village Clerk have input as to who would be the Licensing Coordinator since they will be training them. She didn’t think the President with the consent of the board should make that decision and should include the Village Clerk in the process.

Chairman Gunsteen asked what the reason was for shifting the appointment from the Clerk to the board.

Ms. Schumacher stated to make it consistent with the appointments that the board makes each May.

Chairman Hopkins asked why change the title to License Coordinator instead of Deputy Clerk.

Attorney Asprooth stated that the Deputy Clerk is a statutory position so they would not be able to change the structure of how the Deputy Clerk position works.

Chairman Hopkins stated that the Clerk appointed the Deputy Clerk position and it functioned in that same manner. What would be the difference?

Attorney Asprooth stated that it’s to have the board be the one making that appointment and not the Clerk.

Chairman Suwanski stated that she thought the Clerk should have input on it.

Chairman Hopkins stated that he thought the Clerk should appoint the Deputy Clerk. It should not be a License Coordinator. He strongly believes staff should obviously be involved in the decision because it is probably going to be a staff member.

Chairman LaPorte stated that if somebody runs for Clerk and we don’t know who they are. Perhaps some guy that moved here from California comes to Bartlett and runs for Clerk. He is going to appoint his buddy from Nevada to be the Deputy Clerk, and neither one of them know anything about Bartlett. Is that what we want?

Chairman Hopkins asked what would be the difference if someone was running for Village President and wiping out all of our appointments. There is no difference. You have to trust in the democratic process and trust the people that elect elected officials.

Chairman Suwanski stated that she would like to see this reworded. She would especially like to see the Clerk in that decision process.

President Wallace stated that if you get too many people involved in that decision, as far as what that position is going to be, it might ease the water as to who you agree on doing it. It is not the Clerk’s responsibility to have any liability for that person’s ability to do their job. It is the mayor’s responsibility to make sure that they could do their job. You are speaking like that person works for the Clerk and they would not. They would just be there to cover for the Clerk’s absence.

Chairman Suwanski stated that there still has to be a certain level of camaraderie.

President Wallace agreed. He asked staff to tweak it and bring it back to the next meeting for discussion.

Ms. Schumacher asked if they would like it to be appointed by the mayor with the advice and consent of the board?

Chairman Deyne stated that would be perfect.

Chairman Hopkins stated that he has a problem with that. The Clerk needs to make the appointment.

Ms. Schumacher asked if he meant the Clerk should make the appointment independently without any approval from the board.

Chairman Hopkins stated that other municipalities do that and some of them even appoint several Deputy Clerks.

Chairman Gandsey asked what would happen if the Clerk and Deputy Clerk were not doing their jobs.

How would the village handle that to get things done.

Ms. Schumacher stated that she didn’t think they could.

Chairman Hopkins stated that the board would meet and they would change the ordinance.

President Wallace stated after ninety days.

Chairman Deyne stated that the Village Clerk could make the appointment in conjunction with the mayor.

Everything rests on his shoulders and if there ultimately is an issue, the finger is going to point at him. To have the Village Clerk take on that responsibility, he will not support that. They have to work in conjunction with one another.

Attorney Asprooth stated that if they put some language in the ordinance that said that the appointment would be made by the Village President with the advice and consent of the board but the Clerk shall be authorized to make every recommendation that the mayor could consider. At least the Clerk has some role.

Chairman Deyne stated that he didn’t think they could isolate the Village President from being involved at all.

Chairman Suwanski stated that the mayor is isolated right now – correct?

President Wallace stated that he would not appoint anyone without the board’s consent. The board can definitely say that an individual is not good for the board. That is why we have that kind of checks and balances.

Chairman Gunsteen stated that since we are all over the board with this, let’s have staff tweak this and bring it back to a future meeting.

President Wallace asked for a few different options regarding the wording and the control pattern and how it works out.

Trustee Gandsey asked to see examples from other communities.

Ms. Schumacher stated that Lorna did a great survey when they were trying to figure this out and they will include that with some language options.

Trustee Gunsteen asked if this is time sensitive and would they have time to dive into it and thoroughly examine all the documents and the process.

Ms. Schumacher stated yes, they do.

5. ADJOURNMENT

President Wallace stated that they are going to Adjourn to Executive Session to discuss Appointment of Legal Counsel and Personnel Pursuant to Section 2(c)1 of the Open Meetings Act.

Chairman Deyne moved to adjourn the Committee of the Whole meeting and Adjourn to Executive Session and that motion was seconded by Chairman Gunsteen.

ROLL CALL VOTE TO ADJOURN TO EXECUTIVE SESSION

AYES: Chairmen Deyne, Gandsey, Gunsteen, Hopkins, LaPorte, Suwanski

NAYS: None

ABSENT: None

MOTION CARRIED

The meeting was adjourned to Executive Session at 7:48 p.m.

The Committee of the Whole meeting was adjourned at 8:31 p.m.

https://www.bartlettil.gov/home/showpublisheddocument/13669/638489595283030000