DeKalb Times

City of Dekalb City Council met Nov. 8.

Here are the minutes provided by the council:

The City Council of DeKalb, Illinois held a Regular meeting in the Yusunas Meeting Room of the DeKalb Public Library, 309 Oak Street, DeKalb, Illinois.

A. CALL TO ORDER AND ROLL CALL

Mayor Barnes called the meeting to order at 6:00 p.m.

City Clerk Sasha Cohen called the roll, and the following members of City Council were present: Alderman Carolyn Morris, Alderman Barb Larson, Alderman Tracy Smith, Alderman Greg Perkins, Alderman Scott McAdams, Alderman Mike Verbic, Alderman Tony Faivre, and Mayor Cohen Barnes.

Others in attendance included: City Manager Bill Nicklas, City Attorney John Donahue, and Human Resources Director Michelle Anderson.

B. PLEDGE OF ALLEGIANCE

Mayor Barnes asked Alderman Smith to lead the Pledge of Allegiance.

C. APPROVAL OF THE AGENDA

MOTION: Alderman Faivre moved to approve the agenda; seconded by Alderman Verbic.

VOTE: Motion carried by a 7-0 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams, Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed. (Note that the City Clerk did not call Mayor Barnes’ name at roll call, however, he was in attendance.)

D. PUBLIC PARTICIPATION

There was none.

E. PRESENTATIONS

There were none.

F. APPOINTMENTS

1. Appointment of Andre Powell to the Human Relations Commission for the Completion of a Three-Year Term through December 31, 2023.

Mayor Barnes read the appointment by title only. There were no questions or comments from Council.

2. Appointment of the Executive Assistant as Recording Secretary to the City Council.

Speaking as a public participant, Sasha Cohen provided his opinion regarding this item, stating the appointment constitutes a continuation of a years long effort by the City Manager’s Office to consolidate the working powers of the City Clerk under his own control. Beginning with the ordinance passed in 2019 and the attacks and slander against former clerk Fazekas who was subjected to an improperly held executive session that the City ended up having to release the audio of publicly rather than face the wrath of the Attorney General’s Public Access Counselor (PAC). Two weeks ago, another executive session was held to discuss his performance. That executive session has already been made the complaint of two PAC complaints through the Illinois AG’s office, one that is currently pending, and one that is moving through the beginning of the process. It is an attempt to subvert the will of the voters and effectively take away without taking away on paper through the clever use of permitting the City Clerk to continue taking minutes, eliminating the last remaining vestige of independent oversight that the city holds. He also noted that he has attempted to seek training to become a better municipal clerk, writing to City Manager Nicklas on August 27, 2021, requesting funding to attend Illinois Municipal Clerk training. He then read the following excerpt from an email he received from City Manager Nicklas: “The fundamental prerequisite for public service is an open mind and a courteous approach. These virtues are not taught in a class but are what we hope an elected official arrives with when they are elected. These attributes are more important than any technical expertise you might gain from the MCI Institute. In my humble opinion, your words and actions while city clerk do not inspire my confidence that you have the capacity to learn them. A case in point: by your own words, you have condemned an entire city department – the DeKalb Police Department – as “bastards.” That is not open-minded or courteous.”

Mr. Cohen continued, stating he’d like to remind City Manager Nicklas that the phrase all “cops are bastards” is a political expression and it isn’t his role as an unelected bureaucrat to deny those who are elected by the public access to training and resources that can help them in that service as he’s directed to by his contract and city ordinance on the basis of his objection to their political beliefs. He urged Council not to pass the appointment and respect the will of voters. He also pointed out that the process for the approval or disapproval of minutes has not been followed, siting the City’s municipal code under Chapter 2, which states that meetings are to be governed by Roberts Rules of Order, which specifies a methodology for amendment but not for rejection.

Mayor Barnes then read the appointment by title only: Appointment of the Executive Assistant as Recording Secretary to the City Council.

City Manager Nicklas stated this subject would be brought back as an ordinance at the November 22, 2021, City Council meeting, but for the purpose of recording of tonight’s meeting, the Council has this alternative.

There was general consensus among Council for an ordinance to be brought back for review at the next regular meeting of City Council appointing the Executive Assistant as the Recording Secretary to City Council.

G. CONSENT AGENDA

Mayor Barnes read the following Consent Agenda items in their entirety:

1. Minutes of the Regular City Council Meeting of August 23, 2021.

2. Minutes of the Regular City Council Meeting of September 13, 2021.

3. Minutes of the Regular City Council Meeting of September 27, 2021.

4. Minutes of the Regular City Council Meeting of October 25, 2021.

5. Minutes of the Joint Review Board Meeting of July 23, 2021.

6. Accounts Payable and Payroll through November 8, 2021, in the Amount of $1,844,977.22.

MOTION: Alderman McAdams moved to amend the Consent Agenda by removing items 1 through 4 since they were not submitted on time, and we want to have time to review and approve them; seconded by Alderman Verbic.

Alderman Morris stated the challenge we’re facing is we’ve been receiving minutes that demonstrate a lack of skills, attention to detail, a lack of ability to edit, and basic typographical errors that are substantial and significant and don’t accurately record the history of City Council as it is happening. She believes that’s Council’s primary concern and why it’s necessary to look at having another person appointed to also take the minutes.

Continuing, Alderman Morris stated the primary role of the clerk in her view, and many others, is to record the history of the city as it happens and the history of what is created here and now and when that’s inaccurate, it’s a substantial problem because there’s no idea of what happened. She added we’re fortunate today to have things like YouTube, but we don’t own and control those platforms and we don’t have the power to ensure those words are there forever for posterity. That’s why Council is making these decisions and considering what they’re considering with the consent agenda and with the minutes because there are substantial concerns that effect the history and posterity of the city.

Alderman Larson stated that while some of the errors are basic grammar, there two sets of minutes where there were votes but no reference to what was voted on. Further, there are remarks that are started but then the sentences just cut off.

Alderman Larson further stated that Council isn’t trying to be picky, but it has to be clear and correct because they may have to go back a year from now to see what was voted on. If Council only has the submitted minutes to reference, they’ll have no idea what was voted on. She offered another example, stating there’s another set of minutes where the one resolution is strictly the number and not the sentence of which could have been cut and paste.

Continuing, Alderman Larson further stated this isn’t a personal attack, but the City of DeKalb has standards that have to be maintained. No matter who sits where or who’s elected, Council expects clarity and accuracy.

Alderman Morris pointed out that not having the minutes produced in a timely fashion is an Open Meetings Act (OMA) violation. In addition, it opens the City up to the risk of future litigation when we have no accurate record of what happened in the past, and nothing to stand on in the future when someone says something happened or didn’t happen.

Mayor Barnes reiterated the motion.

VOTE: Motion carried by an 8-0 roll call vote. Morris, Larson, Smith, Perkins, McAdams, Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed.

Mayor Barnes read the amended Consent Agenda as follows:

1. Minutes of the Joint Review Board Meeting of July 23, 2021.

2. Accounts Payable and Payroll through November 8, 2021, in the Amount of $1,844,977.22.

MOTION: Alderman Smith moved to approve the Consent Agenda as amended; seconded by Alderman Morris.

VOTE: Motion carried by an 8-0 roll call vote. Morris, Larson, Smith, Perkins, McAdams, Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed.

H. PUBLIC HEARINGS

Mayor Barnes read the following title in its entirety:

1. Public Hearing: 2021 Annual Property Tax Levy.

City Manager Nicklas began his overview of this item, stating this hearing is focused on the proposed 2021 City property tax levy for taxes payable in 2022. He added that a Public Hearing on the aggregate levy, which includes the City and Library levies.

At this point in the meeting, Mayor Barnes called for a point of order and opened the Public Hearing at 6:15 p.m.

Referencing a document provided on the monitors, City Manager Nicklas continued, stating the City’s property tax is the focus and provided the following highlights:

▪ The tentative 2021 DeKalb Township multiplier is 1.0199.

▪ The projected new construction for 2021 is $74,084,443.50. This includes recovered TIF value in the amount of $59,148,535 as a result of the termination of the Central Area TIF District; $11,735,908.50 in combined taxable EAV from the Ferrara Distribution Center and Packaging Center (50% of the EAV gain as a result of a 50% property tax abatement); and a projected $3,200,000 in additional new EAV from other new residential, commercial, and industrial construction.

▪ The projected City EAV for 2021 is $696,563,133.

▪ The proposed City levy for 2021 is $6,845,317. This does not include the Library levy of $2,700,708 or special service area levies, which will be abated.

▪ The estimated 2021 City Tax Rate of 0.98273 ($6,845,317 divided by $696,563,133) is 8.04% lower than the 2020 City rate of 1.06868 per $100 EAV.

▪ The Library has recommended a levy of $2,700,708, which will get a rate of about 0.38772, which is the same rate as in 2020.

City Manager Nicklas stated Council will see the aggregate levy (City and the Library) at their meeting of November 22, 2021. The combination of the two will be about 7.3%.

Mayor Barnes asked if there was anyone in the audience wishing to speak to this Public Hearing; there were none.

Alderman Faivre thanked City Manager Nicklas and his staff for all the hard work it takes to pull this information together and working with the DeKalb County Economic Development Corporation (DCEDC) and the school board for making DeKalb attractive to businesses.

Mayor Barnes stated for clarification, the City was able to lower its tax rate, even though the levy is larger than last year, because of the overall pool of new construction the amount of dollars is larger. The City will have more money coming in on its actual levy, but from the individual taxpayer perspective, it’s less money out of their pocket because of all the economic development that’s happened. City Manager Nicklas concurred, stating future construction will keep the momentum going and it becomes a magnet for other businesses.

Mayor Barnes stated the whole point of economic development is to attract diversification of the tax base.

Alderman Verbic stated if the City doesn’t have the authority to receive justification the amount of the Library’s levy, why do we vote for it. City Attorney Donahue replied it’s one of those oddities in the law where the library, which is operated by a separate board, makes the request for its own tax levy that then goes to the City. By statute we are then obligated to levy that amount for them. It’s an unusual situation and not typical.

Mayor Barnes asked what functions the City performs for the Library. City Attorney Donahue replied that the City appointment the Library board members and levies their taxes. Once the levy comes in, the City funnels it over to the Library for them to spend based on their own budget, recommendations and actions. City Manager Nicklas added that the City also performs some financial services on behalf of the Library and contributes to the redemption of Library debt.

Mayor Barnes asked why the City performs those services. City Manager Nicklas stated it was an arrangement made with a former City administration.

Mayor Barnes asked if the Library’s levy impacts the overall appearance of what the City’s rate and levy is. City Manager Nicklas confirmed it does.

Discussion ensued between Mayor Barnes and City Manager Nicklas regarding the Library’s levy and the required “black box” notice required by state statute.

Brief discussion then ensued between Alderman Faivre and City Manager Nicklas regarding tax bills and how the Library and the City are listed separately, so citizens would be able to see that the City decreased taxes, but the Library’s taxes increased.

Mayor Barnes stated it’s unclear why the Library needs to raise their levy. The City has been focusing on economic development for years, and by doing that, we diversify the tax base to relieve the burden on residents.

Continuing, Mayor Barnes noted the bond debt the City pays for the Library expansion in the amount of approximately $450,000 a year from the General Fund.

Closing out his comments, Mayor Barnes stated he hopes all the taxing throughout DeKalb look to the example the City has set, and he hopes that all the years of hard work with economic development will bring relief to individual taxpayers.

City Manager Nicklas commented on the DCEDC and its role in attracting national and/or international companies to the area.

Alderman Verbic asked about the Library levy and if it could be any amount in the future and the City could say nothing. City Manager Nicklas replied in the long run the City has done what it can up to this point and added that the Library board cares about the community and they are participating on their own time to contribute to the health of this institution. He further stated that continuing conversations are important because there’s nothing that affects individual taxpayers more than their tax bill.

Alderman Verbic stated he would be voting no on the levy unless it’s at 6% or lower, noting he can’t justify this level of increase and it would be great to hear more about the needs of the Library and for where this amount comes. He added that he’s accountable to the taxpayers of Ward 6 and he’s heard of no support for this.

In response, City Manager Nicklas stated that if all of Council votes no on the levy, the City will have no taxes, so we have to find an in-between solution.

Alderman Morris commented that she wanted to put in a good word for the Library, noting her experience as a parent in the community. The Library is the only place one can go with young children that has an indoor play space. The library also offers a teen center and numerous other offerings that are irreplaceable and not something anyone else is doing.

Discussion ensued.

Alderman Verbic stated the reality is that DeKalb’s population has declined by 9%, so the view of the services that would be needed at the Library would be based on a population that’s decreased. Alderman Morris commented that added use may compensate for that.

Alderman Perkins stated he struggles with the process of Council having to rationalize to the public why the Library’s budget is going up 14% with no explanation from them, especially when the City has done everything it can to squeeze down its side effects. He then asked what can be done with process to engage the Library to explain to citizens why their budget needs to go up.

City Manager Nicklas replied that discussions with other taxing bodies would be a start, noting he met with the Library’s Executive Director and two members of the Library board on November 15, 2021, where he shared EAV numbers and the range. The number discussed at that meeting was about $60,000 lower than the number proposed to us to carry through.

Alderman Verbic stated that’s one of the reasons people giving for moving away because taxes are high and not at a value for their quality of life.

Mayor Barnes stated after first of year we will need to start conversations with the other taxing bodies to discuss pulling together and acting as one for the benefit of DeKalb to see how we can reduce rates and levies.

Alderman Larson asked if it could be requested that a Library representative be present during these conversations next year, adding she finds it troublesome that no one from the Library is here to provide clarification to why their levy amount is so high.

City Manager Nicklas stated a representative from the Library will most likely be at the next Council meeting.

Alderman Morris clarified that the Library board’s meetings are open to the public. There was no further discussion and Mayor Barnes closed the Public Hearing at 6:48 p.m. I. CONSIDERATIONS

There were none.

J. RESOLUTIONS

1. Resolution 2021-096 Authorizing a Second Amendment to a Retainer Agreement for City Attorney Services (Donahue & Rose).

Mayor Barnes read the resolution by title only.

City Manager Nicklas provided an overview of this item based on the information provided in the agenda packet, stating the City has received very good service from Donahue and Rose since June of 2019. He also noted that an amendment was brought to Council in January 2021 while we were still in the depth of the COVID pandemic at the initiative of the attorneys who wanted us to reduce our costs for their services per month. At this time, they are proposing to retain the lower retainer amount but raise their litigation hourly rate, which is a bargain considering the work they do for us and how they’ve handled some of the City’s more difficult legal challenges, such as Hunter Properties.

Calling for point of order, Mayor Barnes asked for a motion to bring this item to the floor. MOTION: Alderman Smith moved to approve the resolution; seconded by Alderman Perkins.

Alderman Morris spoke in favor of this item, stating she’s impressed with the service the City has received, noting their help has been invaluable. Mayor Barnes agreed.

There was no further discussion.

VOTE: Motion carried by an 8-0 roll call vote. Morris, Larson, Smith, Perkins, McAdams, Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed.

2. Resolution 2021-097 Authorizing the Expenditure of $600,000 in Motor Fuel Tax (MFT) Funds for the City of DeKalb Portion of the Twombly Road Reconstruction Project as Administered by DeKalb County.

Mayor Barnes read the resolution by title only.

MOTION: Alderman McAdams moved to approve the resolution; seconded by Alderman Faivre.

City Manager Nicklas provided an overview of this item based on the information provided in the agenda packet, stating this project has been long awaited for. It not only has a good driving surface but also a bike path on the south side and a sidewalk on the north side. The sidewalk will be continued next year along the west side of Annie Glidden Road up to Dresser Road and then at the safety of the traffic signal, cross to connect with a path that’s currently under construction so students can get to the high school without having to walk on the street.

Mayor Barnes added that everyone in that area is excited about this project.

VOTE: Motion carried by a 7-0 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams, Verbic, Faivre. Nay: None. Mayor Barnes declared the motion passed. (Note that the City Clerk did not call Mayor Barnes’ name at roll call, but still declared the motion passing by an 8-0 roll call vote. Therefore, the motion passed by a 7-0 roll call vote as indicated above.)

Mayor Barnes recused himself from the following item, noting Alderman Faivre would act as temporary chair. Mayor Barnes left the meeting at 6:53 p.m.

Alderman Faivre read the following resolution by title only.

3. Resolution 2021-098 Authorizing the City Manager to Sign Agreements for Insurance Coverage Effective January 1, 2022, to December 31, 2022, in an Amount Not to Exceed $554,523 (Crum-Halsted).

MOTION: Alderman Verbic moved to approve the resolution; seconded by Alderman Morris.

City Manager Nicklas provided an overview of this item based on the information provided in the background, stating the City’s insurance services contract with Arthur J. Gallagher for workers compensation and property/casualty insurance expires on December 31, 2021. After 14 years with Gallagher, the City opted to test the market for such services and solicited sealed proposals, which were due by October 15, 2021. While Gallagher didn’t submit a proposal, the City received two other bids, one from Crum-Halsted and the other from Corkhill Insurance.

Continuing, City Manager Nicklas stated that Corkhill Insurance was unable to submit a proposal with all the requested insurance coverages. However, Crum-Halsted submitted a competitive and all-inclusive proposal at a total cost in the next year of $554,523, which is a bit of a savings and brings with it comparable and competitive professional assistance on the risk management side. They will be working with ICRMT (Illinois Counties Risk Management Trust), which is a risk pool. They’re brand is widely recognized and respected along local governments in Illinois. It happens they are much esteemed by our audit team, Sikich, as well as our City Attorneys.

City Manager Nicklas then indicated that Ted Rosenow and Pat Fagan of Crum-Halsted, as well as Bill Spring from IPMG (Insurance Program Manager’s Group) were in the audience to answer questions Council may have.

Alderman Verbic asked if the employer’s liability of $2.5 million is in total or per instance. He also asked what the City’s liability is at this time. Mr. Spring replied that the employer’s liability limit is $2.5 million per occurrence. It’s not the workers compensation.

Alderman Verbic reiterated his question, asking what the City’s liability is at this time with the current provider. Mr. Fagan stated that Crum-Halsted was not bringing it down to less than it already is. Human Resources Director Anderson provided that she believes the current per occurrence price is $1.5 million.

Alderman Verbic asked if $1.5 million was requested, or $2.5 million. Human Resources Director Anderson reiterated her belief that the current employer liability is $1.5 million.

Mr. Fagan stated the program automatically has it at $2.5 million.

There was no further discussion.

VOTE: Motion carried by a 6-0 roll call vote. Aye: Morris, Larson, Smith, McAdams, Verbic, Faivre. Nay: None.

(Note that the City Clerk did not call Alderman Perkin’s name at roll call, but still declared the motion passing by a 7-0 roll call vote. Alderman Perkins brought this to the Clerk’s attention and indicated his support for the item. The Clerk apologized for the oversite. The item technically passed by a 6-0 roll call vote as indicated above.)

Mayor Barnes returned to the meeting at 7:00 p.m.

4. Resolution 2021-099 Approving an Amendment to the Collective Bargaining Agreement with the DeKalb Fraternal Order of Police, Lodge #115, Illinois Fraternal Order of Police Labor Council, for the Period from January 1, 2020, through December 31, 2022.

Mayor Barnes read the resolution by title only.

MOTION: Alderman Faivre moved to approve the resolution; seconded by Alderman Perkins.

City Manager Nicklas provided an overview of this item based on the information provided in the agenda packet, stating this item and the upcoming item, K.1. are related. He then provided a history of the ordinance, which proposes the creation of a Citizens Police Review Board (CPRB).

On September 10, 2021, the City received a formal demand to bargain from the Fraternal Order of Police (FOP) Labor Council in response to the proposed CPRB. At that time they presented their concerns, which included the relevance of a certain passage in the proposed ordinance that a sworn officer could be ordered to appear before the CPRB against his or her will, that the CPRB must maintain the confidentiality of active and pending disciplinary proceedings until discipline is imposed in relation to state statutes such as the Uniformed Police Officers Disciplinary Act, and that in the event discipline is imposed by the Chief of Police, the proceedings of the CPRB shall not be publicly released until any subsequent grievance or arbitration rulings are final.

City Manager Nicklas continued, providing the timeline of the bargaining that took place with the FOP, with a tentative agreement being reached on October 15, 2021. Referring to the background information, City Manager Nicklas providing Council with the following understanding as is intended in the revised language:

▪ The proposed CPRB a quasi-adjudicative body subsidiary to the Corporate Authorities, must conduct its inquiries or hearings in a manner consistent with the Uniform Police Disciplinary Act (UPODA) and the Illinois Labor Relations Act ILRA).

▪ Any formal investigation or informal inquiry conducted by the City or the CPRB shall conform to the definition as provided by the UPODA.

▪ No Police Officer can be subjected to a public or confidential interrogation before the CPRB or be compelled to appear in any proceedings before the CPRB. A Police Officer, of his or her own accord, may appear in such proceedings.

▪ Pursuant to the public disclosure exemptions identified in the Illinois Open Meetings Act (OMA) and relevant Illinois Freedom of Information Act (FOIA) provisions, the identity of a Police Officer involved in an administrative hearing, and all records relating to such a proceeding, may only be shared with the CPRB in executive or confidential session, until such time as the final outcome of any discipline is imposed. The disclosure of an officer’s identity or the records shared with the CPRB in closed session prior to the imposition of discipline after all legal remedies are exhausted would be a fineable offense and could lead to removal of office and criminal prosecution.

City Manager Nicklas stated this language has been ratified by the sworn Police Officers in the City’s Police Department who are members of the FOP Lodge 115. Approval was recommended.

Alderman Morris asked when Council would vote on the proposed CPRB ordinance. Mayor Barnes replied that Council would have the opportunity to vote on the ordinance at this meeting.

There was no further discussion.

VOTE: Motion carried by an 8-0 roll call vote. Morris, Larson, Smith, Perkins, McAdams, Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed.

K. ORDINANCES – SECOND READING

1. Ordinance 2021-040 Amending the Municipal Code by Adding a New Chapter 46 “Citizen Police Review Board”.

Mayor Barnes read the ordinance by title only.

MOTION: Alderman Faivre moved to approve second reading of the ordinance; seconded by Alderman Perkins.

Harvey Blau, who has lived and worked in DeKalb for over 50 years, stated he wanted to speak as an individual and as a representative of the Praying with our Feet, an informal group of local Jewish residents who are interested since the summer of 2020 in helping implement productive and positive changes in structures that will further social justice in the community. He thanked City Manager Nicklas and Police Chief Byrd, Mayor Barnes and the entire City Council for bringing the prospective CPRB to this point. It’s a good step in the right direction and they’re hoping for the completion of this ordinance.

Mr. Blau then read an excerpt from an email from Irene Rubin, a member of the Praying with our Feet board, sent to the Council, City Manager Nicklas, and Police Chief Byrd, as follows:

“The last time the proposal was brought up, there were some changes due to the insistence of the Fraternal Order of Police. The changes are primarily for the purpose of clarifying the ways the state laws protect Police. While these are mainly requirements that would observe any way, they do underscore problems we will have to pay attention to going forward. That is the requirement that all ongoing inquires to complaints must be kept completely confidential until such time as the judgement has been reached an appeals exhausted. The result could be a considerable time gap to during which the interested and affected public will have no idea if their complaints are being taken seriously and are being thoroughly and impartially investigated. We may need to think of ways to keep the public informed and keep the time lapse between submission of a complaint and its resolution as short as possible, commensurate with fairness, thoroughness, and accuracy. One approach is to release minutes of closed sessions of the Citizen Review Board as soon as feasible, with minimal redactions, as required by law. Passing this ordinance creating a Civilian Police Review Board is a good step toward improving the relationship between the community and the police, for the benefit of both. Going forward, we need to assure that the board is independent, its decision making is transparent with a permanent public record, and that its recommendations are fair and constructive to all concerned.”

Ryan (last name withheld by request) spoke to Council, expressing his opinion regarding what he believes to be race discrimination by City Manager Nicklas, noting it’s been a terrible experience. He further stated that he’s a homeowner in DeKalb. Ryan expressed that he’s been treated poorly by Council members, City Attorney Donahue, and City Manager Nicklas and no one will respond to him in writing, as he’s requested and there’s no accountability. He asks for information, but he doesn’t get it. He noted that he’s contacted the Mayor’s Office countless times about wrongdoing by City Manager Nicklas and official misconduct. He’s being prevented by the new Police Chief from even receiving a police report. He knows John Donahue and he wants to know how it’s possible that a Hispanic such as himself can’t get the Council or the City Manager to respond. He then referred to an exchange he had with City Manager Nicklas in which he states he was told to shut up. He then referred to a document that each Council member was given that is a report the City Manager filed in retaliation. He then accused the Police Chief and Council of targeted race discrimination against Hispanics. He stated Council has no business creating the CPRB. He stated he’s contacted every council member, with the exception of one, putting them on notice about what he was reporting. He stated everything he’s saying can be verified. He then mentioned his mother, a Hispanic senior citizen, that was defrauded out of thousands of dollars, and she couldn’t receive a police report from the County Sheriff. When they complained about him, they were retaliated against. The retaliation resulted in the death of this mother at Northwestern Medicine and a HIPAA violation. There’s no way he can condense everything that’s happened to him and his family. There is corruption in Lee County and DeKalb County. He stated he was told by former Mayor Jerry Smith that Rick Amato had told him to ignore his complaints. This is wrongdoing and official misconduct.

City Manager Nicklas provided an overview of this item based on the information provided in the agenda packet, noting the ordinance document in the background contains those revisions identifying the importance of recognizing the fact that there are state laws that do apply to how we conduct ourselves at the local level. Approval was recommended.

Alderman Morris asked Mayor Barnes when he would be appointing members of the CPRB. Mayor Barnes replied that all five members would be brought forward to Council for approval and appointment at the next regular City Council meeting.

Alderman McAdams provided the following statement: If you asked most people after the George Floyd incident if we thought we could get to the point of approving a CPRB on second reading, most would agree that it was unlikely. It takes all of us to bring about big changes. He then acknowledged the contributions of the Black Lives Matter movement, Earnell Brown, the local Praying with our Feet group, Larry Apperson, John Walker, Lisa King, Nadine Franklin, Joe Gastiger, Norton Gilbert, David Barrow, J.J. Wett, as well as Police Commander Bob Redel, Police Chief Byrd, City Attorney Matt Rose, and City Manager Nicklas. It took the effort and energy of all these good people and more working together for a common goal. They stayed committed to an honest review of law enforcement and have given the City the opportunity of an unprecedented level of transparency and accountability for years to come and he looks forward to voting yes.

There was no further discussion.

VOTE: Motion carried by an 8-0 roll call vote. Morris, Larson, Smith, Perkins, McAdams, Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed.

Mayor Barnes stated a lot of time an energy went into the ordinance and reiterated he’ll be bringing proposed members of the CPRB before Council for approval at the next regular City Council meeting.

L. ORDINANCES – FIRST READING

1. Ordinance 2021-044 Authorizing the 2021 Levy and 2022 Collection of Taxes in and for the Corporate and Municipal Purposes and Special Service Areas of the City of DeKalb for Fiscal Year 2022.

Mayor Barnes read the ordinance by title only.

MOTION: Alderman Faivre moved to approve first reading of the ordinance; seconded by Alderman McAdams.

City Manager Nicklas informed Council he would only be recommending first reading on this ordinance, as well as the next related ordinance. Both items will be returned for second reading at the November 22, 2021, meeting.

City Manager Nicklas then provided an overview of this item based on the information provided in the agenda packet. It is recommended to establish a corporate levy of $6,845,317, which includes $3,720,878 to partially meet the City’s Fire pension obligations and $3,124,439 to partially meet the City’s Police pension obligations. Based on a projected rate-setting City-wide EAV of $696,563,113, this levy should result in a tax rate of 0.98273%, an 8.04% decrease from the 2020 City rate of 1.06868%.

The City’s aggregate levy includes a pass-through amount ($2,700,708) for DeKalb Public Library operations. Referencing a chart from the background information he noted that the levy extension goes from $8,888,834 in 2020 to $9,546,025 in 2021, an increase of $657,191 – 7.49% – for the combined aggregate levy.

City Manager Nicklas then provided information regarding special service areas (SSAs) and how they work, stating the levies don’t fall on individual taxpayers if they aren’t part of the SSA. SSAs are special geographical areas with where some special taxes are raised, with the agreement of at least 51% of the property owners, to perform special duties. For example, keeping up the landscaping and mowing in cul-de-sacs in a residential subdivision that isn’t part of a homeowner’s association. He also referenced two new SSAs – Market Square and Hunter Ridgebrook.

City Manager Nicklas reiterated his recommendation of approving this item on first reading only.

Alderman Morris asked about the Market Square SSA. City Manager Nicklas stated the focus was on the entry drives and the interior driving surfacing, not necessarily the parking areas, that might be the responsibility of the vendor. Taxes from the SSA aren’t received until later in the year so repair of those surfaces will begin next year. Hunter Ridgebrook was levied what the state law allows.

There was brief discussion between City Attorney Donahue and City Attorney Nicklas regarding the maximum EAV that can be levied, which is of 5%.

Brief discussion ensued regarding Market Square and the poor driving conditions there.

Alderman Smith asked about the entrance off Barber Greene Road and if that’s included. City Manager Nicklas confirmed it is.

Alderman Smith then asked about the electrical work – a couple of poles down for several years. City Manager Nicklas indicated it could be, depending on their location.

There was no further discussion.

VOTE: Motion passed by a 7-1 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams, Faivre, Barnes. Nay: Verbic. (Note that the Clerk did not call Mayor Barnes’ name at roll call but declared the motion passing by a 7-1 roll call vote. The Clerk called the Mayor’s name after it was brought to his attention, and the Mayor indicated his support for the item.) Mayor Barnes declared the ordinance passed on first reading.

2. Ordinance 2021-045 Abating the 2021 Tax Levy for the Debt Service of the General Obligation Corporate Purpose Bonds of the City of DeKalb.

Mayor Barnes read the ordinance by title only.

MOTION: Alderman Faivre moved to approve the ordinance on first reading; seconded by Alderman McAdams.

City Manager Nicklas provided an overview of this item based on the information provided in the agenda packet.

When a municipality issues bonds, a Bond Order is filed with the County Clerk that determines the amount to be levied each year until the bond is paid off. The City currently holds a number of bonds that automatically levy property taxes for the debt service. It has been the past practice of the City to use other revenue sources to pay for annual principal and interest payments. As a result, the City is able to abate the taxes levied for debt upon approval of the annual tax levy.

Historically, the only debt payment that is not abated is the principal and interest for the 2013 Library expansion project ($495,000 in 2021). While this debt is actually paid by the Library, the debt issuance is in the City’s name and the City has historically levied these dollars. In 2021, as in 2020, the Library GO debt service will be levied and abated by the City. The City will transfer General Fund dollars to the Library Fund and thence to the Library.

For the 2020 tax year, the General Fund’s general obligation debt service levies were adjusted for one year by the Refunding Bond of 2020, approved by the Council on September 28, 2020 (Ordinance 2020-063). The 2020 Refunding Bond “scooped” the January 1, 2021, and July 1, 2021, debt service on four of the City’s GO bonds payable from the General Fund and “tossed” them to 2028, 2029, and 2030 when the principal was sharply less. This resulted in one fiscal year hiatus in GO debt payments to digest the harsh fiscal impacts of the COVID-19 pandemic. In FY20022, the GO debt service returns.

Outstanding bonds are: GO Refunding Bonds of 2010C, GO Bonds of 2012A, GO Bonds of 2013B, GO Refunding Bonds of 2019, and GO Refunding Bond of 2020.

The TIF General Obligation Refunding Bonds of 2010A have now been retired. The last year of debt service (2021) on the 12-year amortization schedule has been paid from TIF #1 before the TIF #1 termination on December 31, 2021.

Alderman Verbic asked if the Library shouldn’t be paying their debt with their General Fund instead of the City’s, and what’s the process for resolving debt and the entity for accruing it. City Manager Nicklas replied that in 2012 or 2013 the City Council at that time thought it was important to help with the construction of the Library addition because the Library had financial constraints at the time. The debt repayment will continue to 2033 and the City is obligated to pay it. He added the City has more sources of general revenue, where the Library has a few sources, primarily property tax. If they were to take on the bond, they would be asking for a higher levy. The balance in his opinion, we’re obligation to pay the bond.

Alderman Verbic stated he would appreciate learning what can be done about this moving forward because as much as Council’s predecessors agreed, this seems outlandish in his view. He added this is irresponsible and he will be voting no.

Noting she doesn’t want to be paying this out of the City’s General Fund, Alderman Larson stated the City is obligated to pay the bond whether we like it or not. She’s not happy with it but she’d be less happy if the Library went from a 14% levy to a 25% levy, which would go against what this body wants to do.

Alderman Faivre stated he wasn’t here in 2013, but he was here in 2015, and he remembers the promise of fundraising by the Library that would help offset this cost. Unfortunately, those fundraising efforts fell short significantly. While he agrees that the Library does offer great services to the community, the leverage the Mayor has is the appointment of the Library board. He expressed to Mayor Barnes that the City Council is asking him to reconsider the appointments of the Library board. Mayor Barnes indicated he hears what they’re saying.

Alderman Verbic commented on promises made by those who supported this effort, which included how library staff would not have to be added, their technology would serve patrons better, and costs could be contained in the long run. He’s not seeing the effort from the Library’s end an he thinks this is an irresponsible use of taxpayer dollars.

There was no further discussion.

VOTE: Motion passed by a 7-1 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams, Faivre, Barnes. Nay: Verbic. Mayor Barnes declared the ordinance passed on first reading.

3. Ordinance 2021-046 Authorizing the Northern Illinois University Annual Contribution for Integrated Transit Services.

Mayor Barnes read the ordinance by title only.

MOTION: Alderman Morris moved to approve first reading of the ordinance; seconded by Alderman Faivre.

City Manager Nicklas provided an overview of this item based on the information provided in the agenda packet, stating the agreement between the City and Northern Illinois University (NIU) in 2018 as the integrated transit service was being created required that NIU contribute a minimum of 40% of the total cost associated with our fixed route transit expenses on an annual basis. For the year ahead that is an estimated $2,065,053.30. Approval was recommended.

There was no further discussion.

VOTE: Motion passed by an 8-0 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams, Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared first reading of the ordinance passed.

City Manager Nicklas requested approval of the ordinance on first reading with a waiver of the second reading.

MOTION: Alderman Morris moved to waive second reading of the ordinance and approve; seconded by Alderman Perkins.

VOTE: Motion passed by an 8-0 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams, Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the ordinance passed.

M. REPORTS AND COMMUNICATIONS

1. Council Member Reports.

Alderman Larson thanked City staff for gathering and providing information on the levies. Alderman Smith thanked City staff for the demolition of a house on Davy Street.

Alderman Perkins stated while he did vote yes, he looks forward to what can be done in the future about the Library’s levy and accountability gap. Mayor Barnes stated a meeting with the Library would be good and invited Alderman Perkins to accompany him on those conversations.

Mayor Barnes stated he recently had a conversation on poverty that Representative Keicher held. There were many representatives, including the Housing Authority, the Mental Health Board, and the Sir Donald Foundation. He noted the State of Illinois was looking for direct action items that they could take back to the legislature and hopefully implement.

Mayor Barnes reminded everyone of Veteran’s Day on November 11, 2021. A ceremony will be held at Memorial Park, and he hopes the Memorial Clock can be revealed at that time. He added he would appreciate Council member attendance if possible.

2. City Manager Report.

City Manager Nicklas had no report.

N. EXECUTIVE SESSION

Mayor Barnes read the following Executive Session exemption title in its entirety:

1. Approval to Hold an Executive Session in Order to Discuss Workers Compensation as Provided for in 5 ILCS 120/2(c)12.

MOTION: Alderman Verbic moved to recess for Executive Session; seconded by Alderman Faivre.

VOTE: Motion carried by an 8-0 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams, Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed and recessed the meeting at 7:42 p.m.

Mayor Barnes closed the meeting to the public at 7:48 p.m.

Following adjournment of the Executive Session, Mayor Barnes opened the meeting to the public at 8:00 p.m.

O. ADJOURNMENT

MOTION: Alderman Perkins moved to adjourn the Regular meeting; seconded by Alderman Smith.

VOTE: Motion carried on an 8-0 voice vote. Aye: Morris, Larson, Smith, Perkins, McAdams, Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed and adjourned the meeting at 8:00 p.m.

https://www.cityofdekalb.com/AgendaCenter/ViewFile/Minutes/_11082021-2086