DeKalb Times

DeKalb County Committee of the Whole met Oct. 13.

Here are the minutes provided by the committee:

The Committee of the Whole of the DeKalb County Board met in the Legislative Center’s Gathertorium. Chairman John Frieders called the meeting to order at 7:00 p.m. Those Members present were Mr. Tim Bagby, Mr. Scott Campbell, Ms. Mary Cozad, Ms. Rukisha Crawford, Mrs. Karen Cribben, Mr. Bill Cummings, Mrs. Laurie Emmer (via phone), Mr. Steve Faivre, Mr. Tim Hughes, Mrs. Kathy Lampkins, Ms. Dianne Leifheit, Mr. Jim Luebke, Ms. Terri Mann-Lamb, Mr. Roy Plote, Mr. Craig Roman, Vice-Chair Suzanne Willis, and Chairman John Frieders. Those absent were Mr. Patrick Deutsch, Ms. Kiara Jones, Ms. Maureen Little, Mr. Jerry Osland, and Mr. Larry West. A quorum was established with eighteen Members present, five absent, and one vacancy.

Mr. Hughes moved to allow Mrs. Laurie Emmer to attend the meeting by other means via phone as per County Board Rule Sec. 2-21(D). Mr. Luebke seconded the motion and it was approved unanimously by voice vote.

Others present included Brian Gregory, Derek Hiland, David Berault, Jim Hutcheson, Ellingsworth Webb, Maggie Niemi, Katie Finlon, Joseph Rupnick, Robert Odawi Porter, and a couple of additional members of the public.

APPROVAL OF THE AGENDA

Ms. Mann-Lamb moved to approve the agenda as presented. Mr. Roman seconded the motion and it was carried unanimously by voice vote.

APPROVAL OF THE MINUTES

It was moved by Ms. Cozad, seconded by Mrs. Lampkins and it was moved unanimously to approve the minutes from the September 8, 2021 meeting.

PUBLIC COMMENTS

There were no public comments.

CHAIR’S COMMENTS

Chairman Frieders thanked County Staff and the Information Management Office for all their hard work and flexibility during the County’s recent ransomware attack. The talent and drive the IMO team possesses shone through during their efforts to get the County back up and running at full capacity within a week of the attack. The Board agreed with the Chair’s comments and thanked everyone for their commendable service to the County and the public.

Mr. Patrick Deutsch arrived. The roll now reflected nineteen Members present and four absent.

PRESENTATIONS/DISCUSSIONS

Status of the Shab-eh-nay Reservation Legislation

Prairie Band Potawatomi Nation Tribal Council Chairperson Joseph Rupnick and Legal Counsel Robert Odawi Porter, Esq. joined the Committee of the Whole to provide the history and background of the Shab-eh-nay Reservation land in DeKalb County, Illinois. They were also requesting a letter of support from the County Board to support future Shab-eh-nay Reservation Settlement Act Legislation.

Mr. Porter reviewed that the Potawatomi people of northern Illinois were forced out of their traditional homelands by the U.S. Government in the early 1830s in connection with the Indian Removal Policy. At the Treaty of Prairie du Chien of July 29, 1829, the Potawatomi ceded 5 million acres of land, but the treaty expressly reserved two parcels of land for Chief Shab-eh-nay totaling 1,280 acres.

In 1833, the Potawatomi were forced to agree in the Treaty of Chicago to relinquish all of their land in Illinois and relocate to lands in the west, but the Shab-eh-nay Band Reservation was expressly reserved by the U.S. Senate when it ratified the Treaty. Chief Shab-eh-nay and his band remained on his lands in Illinois despite the removal of most of his tribe to lands in Kansas.

In 1849, while Chief Shab-eh-nay was away visiting relatives in Kansas, the U.S. General Land Office illegally sold his land at a public auction and title passed to non-Indians. Despite several years of effort, neither Chief Shab-eh-nay nor his heirs were ever successful in regaining the land or receiving compensation for its illegal sale before he died in 1859. Since 1849, individuals, the State of Illinois, the DeKalb County Government, and corporate entities have assumed ownership of the Reservation and continue to occupy Shab-eh-nay’s land to the present day. Deeds to land within the Reservation are subject to “all rights, claims, or title of the descendants of the Potawatomi Indian Chieftain named Shabbona and his band…”

Mr. Porter continued that under the Federal Non-Intercourse Act, only the U.S. Congress can extinguish Indian land title (25 USC 177). Because Congress expressly recognized the Shab-eh nay Band Reservation under the 1829 and 1833 treaties, and because it has never since acted to extinguish aboriginal Indian ownership, the land remains federally-recognized Indian Country.

The United States Department of the Interior has twice confirmed the Prairie Band’s ownership of the Shab-eh-nay Band Reservation. In a legal opinion rendered on July 24, 2000, the U.S. Department of Interior Associated Solicitor confirmed the history and legal status of the Shab eh-nay Band Reservation as Indian Country as Congress never authorized its sale. In addition, the Solicitor confirmed that the Prairie Band is the successor-in-interest to Chief Shab-eh-nay and that only it may assert the ownership interest to restore its sovereignty and jurisdiction over the lands.

This opinion was confirmed by the Interior Department Solicitor on January 18, 2001 who added, “there is much to be said for pursuit of a settlement for ratification by Congress that would avoid the time, expense, and acrimony of litigation.”

Mr. Porter reviewed that Federal Government created this situation by illegally selling the Reservation in 1849. The current non-Indian occupants within the Reservation, including the State, DeKalb County, and private citizens, are now affected by the Federal Government’s misconduct. Only Congress can provide redress to the Nation and clear the land title of the State, County and local residents.

The Prairie Band Potawatomi Nation is now wanting to propose Federal legislation that would: - Restore the Nation’s ownership and jurisdiction to at least the 130 acres of land within the Reservation that the Nation has reacquired.

- Extinguish the Nation’s title to the remainder of the original Shab-eh-nay Reservation and confirm ownership and title of the State, County, and Local residents now occupying land within the Reservation.

- Compensate the Nation with $10 million for taking of 1,150 acres of land within the original Reservation and establish a claims settlement process for compensating for the damages associated with the dispossession of its land since 1849.

Key elements of the Legislation would include:

- The Prairie Band should be allowed to acquire up to 1,150 acres of land in an area within or near the existing Reservation.

- Land acquisitions should only occur from willing sellers, with no eminent domain authorized.

- The Prairie Band should be recognized to enter into agreements with the State and Local governments, as needed.

- Lands within the Reservation should be managed to protect human or cultural remains under federal and state law.

- No gaming should occur within the Prairie Band’s Restored Reservation without the consent of the DOI and the Governor consistent with the federal Indian Gaming Regulatory Act.

Federal settlement legislation has been prepared and awaits introduction in both the Senate and the House. Possible sponsors of the legislation - Senator Jerry Moran (R-KS) has already agreed to sponsor the legislation. Senators Dick Durbin (D-IL), Tammy Duckworth (D-IL), and Representative Adam Kinzinger (R-IL) are reviewing the legislation. The Prairie Band is requesting support from Illinois federal, state, and local officials to enact the proposed settlement legislation.

The Board had a lot of discussions and questions surrounding the Prairie Band’s request for support. There was also a lot of concern surrounding the current landowners of the property in Shabbona.

Chairperson Rupnick expressed that since they have been elected, this has been their mission to go with the Solicitor’s opinion. They want to get Congress to correct this long-time mistake. That way it will solve all these other problems and all these other issues out there. The Prairie Band wants to make sure those folks that have land have clear title on that land and they can pass it down to their kids or however they want to do it, but they have got to clear the title and get this land issue resolved.

Board Chairman Frieders noted that surrounding this issue, one of the Board’s priorities, if they are going to support this moving forward, is that there will be a clear title for the people who currently live in the area of Shabbona.

Ms. Mann-Lamb shared that she is part of the Ramapough Lenape Nation, a band of the Munsee people who originally settled in New Jersey thousands of years ago. She also shared that she fully understood the Prairie Band’s struggle and would fully support sending a letter of support to get this issue ratified for the heirs of Chief Shan-eh-nay.

Chairman Frieders noted that the Executive Committee would take up this matter and decide whether or not to forward it to the full County Board.

DEKALB COUNTY REHAB & NURSING CENTER FINANCIAL UPDATE County Administrator Brian Gregory explained that the Finance Committee had been receiving monthly updates from Management Performance Associates (MPA) as a condition of the County’s $2,000,000 cash-flow loan made in April, 2021. MPA are the managers of the DeKalb County Rehab & Nursing Center (DCRNC) and have been for the last 24 years.

With the loan exhausted and continued cash-flow issues there have been questions as to the current status, the responsibility of the Operating Board vs. County Board, and what the options are moving forward, Mr. Gregory explained. With this being such a large and dire issue of the County, it was thought best to move the monthly updates from the Finance Committee to the Committee of the Whole in order to keep the entire County Board up-to-date on the financial status of the Rehab & Nursing Center.

What is now called the DeKalb County Nursing Home was begun as a “poor farm” in 1853. Prior to that time when persons were in need of public assistance, due to financial or health reasons, they were referred to the township overseers of the poor. The overseers would allocate available county resources to assist these people. The County Board of Supervisors felt that the poor of DeKalb County would better be served by a centrally located facility which ultimately led to the creation of the County Home in 1945. The 1960’s were the beginning of many new concepts in health care for the elderly and chronically ill. Along with these new concepts came many new rules and regulations for the licensing of all health care facilities. Plans for an addition to the County Home were presented to the architect in 1966. The groundbreaking ceremony was held at 1:00 p.m. on May 8, 1968. The new structure consisted of a ground floor and three stories above that. A total bed capacity of 194 beds were available on three patient units.

MPA was hired to manage the operation in August of 1997. The DCRNC’s current facility (Health Facility Campus, 2600 N. Annie Glidden Rd., DeKalb, IL 60115) was constructed beginning in 1998 and was officially occupied in March 2000.

Fast-forward in time, the County sold $13,000,000 in bonds in August, 2020 to pay for the Rehab & Nursing Center Expansion project. Construction activity in 2019 and 2020 was funded with Rehab & Nursing Center cash reserves and internal borrowing. The bonds were issued for 30 years at an average interest cost of 2.23% and with all debt to be retired by operating revenues of the Rehab & Nursing Center. Annual debt service payments will range from a low of about $624,000 to a high of about $683,000. The bonds will not be fully retired until December 15, 2050, subject to a call provision beginning December 15, 2030.

In regard to the Expansion Project, it was reminded that the project was suspended/closed last November due to the pandemic and the County received about a $90,000 credit for the remaining work. With COVID-19 seemingly under control a few months back the Public Building Commission (PBC) inquired about finishing the remaining items in order to complete the Expansion Project. Ringland-Johnson Construction, the original General Contractor, was asked to provide an estimate of the cost to finish the interior work (a preference was for the original General Contractor due to familiarity with the project and warranty issues). The estimate that was provided was $334,072. There are some COVID impacts but the majority of the materials are on site and no one expected that kind of a price jump. The PBC rejected the proposal and has put the project on hold until the environment is better for this type of construction.

As of September 30, 2021 the daily census at the DCRNC was 117 and has 66 full-time and 91 part-time employees.

Mr. Gregory proceeded to outline the DCRNC’s recent financial challenges.

• FY2019: Budgets $15,997,400 in Patient Service Revenue; Actual Revenue is $13,905,290. This resulted in a $2,092,110 short of budget projection.

• August 2020: The County sold $13,000,000 in bonds for an expansion project at the DCRNC to be paid from operating revenues over the next 30 years. The debt service averages $661,500 per year for a total of $19,846,449.

• FY2020: Budgets $16,654,000 in Patient Service Revenues; Actual Revenue is $13,839,223. This resulted in a $2,814,777 short of budget projection.

• March 15, 2021: The Treasurer’s Office noted cash flow issues with this fund.

• April 21, 2021: The County Board approves a Loan of $2,000,000 for cash flow purposes.

• September 1, 2021: Loan Proceeds have been exhausted.

Mr. Gregory additionally reviewed the DCRNC’s current financial position which is still a bit fluid. The DCRNC has lost hundreds of thousands of dollars in each of the last eight consecutive months (on a cash basis). Administration in conjunction with MPA are working to identify any expected receivables that are outstanding and hope to be able to share that information with everyone shortly. There are currently thought to be about $2,000,000 in receivables that are less than 210 days old and potentially close to around $3,000,000 that are 210+ days old. These receivables will need to be gone through with the respective Medicare and Medicaid agencies to identify what is and isn’t able to be collected on at this point.

The financial history of the facility illustrated that the last profitable year was in 2018. DCRNC was profiting $24,435/month on average and had an average daily population of 181.2. Currently, the facility is operating at a loss of ($424,828)/month with an average daily population of 117.1.

Mr. Gregory shared that they are going to work diligently to research and evaluate all receivables. Next week, the Board will be requested to allocate additional interim cash-flow assistance. MPA and DCRNC Administration will continue to look for ways to increase census and reduce expenditures.

Lastly, Mr. Gregory stressed how dire this situation has become and that this needs to be the County Board’s number one priority. He added that the DCRNC is part of the County and while the Operating Board makes decisions regarding the execution of contracts and has spending authority, ultimately if the bills cannot be paid, they will become the responsibility of the County.

Reports from Committee Chairs

Mr. Faivre, Chair of the Planning & Zoning Committee, reported that the Committee had no actionable items this month. The Committee will be meeting on Wednesday, October 27th and there will be a Zoning Text Amendment and Special Use Permit requested by Natural Gas Pipeline of America, LLC. The Committee will also be reviewing the large-scale solar development Special Use Permits requested by Owens Creek Solar, LLC, Red Maple Solar, LLC, and DK Solar, LLC.

Mr. Plote, Chair of the County Highway Committee, shared that the Committee recommended approval of an Ordinance reducing a speed limit in the Village of Maple Park and a Resolution encumbering Rebuild Illinois Funding for 2023.

Mrs. Emmer, Chair of the Economic Development Committee shared that they were provided with a presentation from Dan Kenney on a new Community Food Health and Education Center within the City of DeKalb.

Ms. Crawford, Chair of Health & Human Services Committee shared she had no report. Ms. Leifheit, Chair of the Law & Justice Committee, shared that she also had no report.

Mr. Bagby, Chairman of the Finance Committee, shared that the Finance Committee and the Rehab & Nursing Center Operating Board held a Special Joint Meeting prior to the regular Committee Meeting. They reviewed a similar presentation to the one Mr. Gregory gave earlier in the evening. The Finance Committee forwarded 65 property tax sale Resolutions and FY2021 Budget Amendments. They also approved a contract extension for the County’s mechanical services and were also provided with a presentation from Dan Kenney on a new Community Food Health and Education Center.

Mr. Roman, Chairman of the Forest Preserve Operations Committee, shared that they met at the Sycamore Forest Preserve and toured the new Great Western Trail Extension. They also approved an agreement with the Region 5 Association of Snowmobile Clubs to groom the Great Western Trail in the winters and approved to forward an award of a bid to Martin & Company Excavating for the replacement of the 60-year-old footbridge at Russell Woods Forest Preserve.

COUNTY ADMINISTRATOR’S REPORT

Mr. Gregory expressed that while the majority of functionality has been restored, IMO is still working through many more minor issues for individual users following the County’s ransomware attack. The fact that the County did not pay a ransom has been viewed positively and got the attention of WBBM Radio 780AM yesterday. At some point in the near future the County will look to recognize the IMO team for their efforts.

With the City of DeKalb’s TIF closing, the “new valuation” that has been added and remains in the TIF will now be viewed like new construction for the County and other taxing bodies. Staff is working to put together that figure which will mean a change in the proposed property tax levy. The philosophy outlined to only pick-up new construction will remain with a goal to keep existing taxpayer taxes static. This will necessitate a change in the calendar for the public hearing to ensure that accurate information is published and that we meet all the requirements outlined in Illinois Statute. It appears that final approval of the FY22 budget will move to a December 8, 2021 County Board Meeting, Mr. Gregory shared.

As a reminder, the three County Board Redistricting Maps will be presented for consideration at the Committee of the Whole meeting on November 10, 2021 with selection of one of the maps tentatively planned for the November 17, 2021 County Board Meeting.

ADJOURNMENT

It was moved by Mr. Luebke, seconded by Ms. Mann-Lamb and it was carried unanimously to adjourn the meeting at 8:26 p.m.

https://dekalbcounty.org/wp-content/uploads/2021/11/min21-cowoct.pdf