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City of Dekalb City Council met May 23

City of Dekalb City Council met May 23.

Here is the agenda provided by the council:

A. CALL TO ORDER AND ROLL CALL

B. PLEDGE OF ALLEGIANCE

C. APPROVAL OF THE AGENDA

D. PRESENTATIONS

None.

E. PUBLIC PARTICIPATION

F. APPOINTMENTS

None.

G. APPROVAL OF THE MINUTES

1. Minutes Submitted by the City Clerk

None.

2. Minutes Submitted by the Recording Secretary

a. Minutes of the Special City Council Meeting of May 9, 2022.

b. Minutes of the Regular City Council Meeting of May 9, 2022.

H. CONSENT AGENDA

1. Accounts Payable and Payroll through May 23, in the Amount of $ 2,172,381.06.

2. Investment and Bank Balance Summary through March 2022.

3. Year-to-Date Revenues and Expenditures through March 2022.

4. Freedom of Information Act (FOIA) Report – April 2022.

5. DeKalb Chamber of Commerce 2021 Annual Report.

6. DeKalb County Convention & Visitors Bureau 2021 Annual Report.

7. DeKalb Municipal Band 2021 Annual Report.

8. Resolution 2022-045 Authorizing the Execution of a Workers’ Compensation Lump Sum Petition and Order in the Amount of $58,185 (Geoffrey Guzinski).

City Manager’s Summary: On August 9, 2016, and August 30, 2018, Geoffrey Guzinski was injured while working as a Police Officer with the City’s Police Department. Mr. Guzinski has undergone medical treatment for his injuries. The City has reached a tentative agreement on a proposed settlement of his Workers’ Compensation claims, which is subject to approval by the City Council, and also subject to approval by the Illinois Workers’ Compensation Commission Arbitrator.

The proposed settlement contemplates that all current medical bills will be paid, future medical treatment will be closed, and the City will pay a permanent partial disability payment in the amount of $58,185. If this claim is not settled, it is likely to proceed to a contested hearing, with an uncertain outcome, with the City incurring further defense costs.

City Council approval is recommended. (click here for additional information)

I. PUBLIC HEARINGS

None.

J. CONSIDERATIONS

1. Consideration of the City’s Public Transit Fares.

City Manager’s Summary: On March 18, 2020, the City of DeKalb Public Transit System suspended fares on all fixed route and paratransit services due to the COVID-19 pandemic. The removal of fares reduced the exchange of money and enhanced safety efforts for both passengers and transit service provider employees. In addition, the suspension of fares eased financial burdens for frontline workers and community members reliant on public transit to get to critical jobs, grocery stores, and health care facilities. Fare free public transportation was commonplace across the nation at this time as transit agencies developed plans to maintain the safety of all public transit users amidst the novel coronavirus.

At the July 12, 2021, City Council meeting, the Council reviewed the question of fares again and chose to maintain a fare free public transit system through the remainder of 2021. Further consideration of the moratorium on fare collection occurred at the December 13, 2021, City Council meeting. After extended discussion, action on this item was again postponed.

Although new strains of the COVID virus are being tracked world-wide, local reporting statistics are remarkably low at this time. The State of Illinois has changed its reporting methods and now tracks hospitalized patients with confirmed COVID symptoms as a percentage of patients in all hospital beds. Across the State of Illinois, the average percentage is 2.7% presently, and the average percentage at Northwestern Hospital/Kishwaukee Hospital is 2.5%. With ongoing bus cleaning every day, and voluntary mask usage on local public transit, ridership is returning to pre-COVID levels.

What were the system fares in late 2019, prior to the eruption of the COVID-19 pandemic?

The City of DeKalb Public Transit System operates 11 fixed routes, one deviated fixed route, and one commuter shuttle throughout and beyond the DeKalb Urbanized Area. The 11 fixed routes operate on the campus of Northern Illinois University (NIU) and throughout the DeKalb area including along Sycamore Road and around southern DeKalb. The deviated fixed route operates in and around Sycamore while the one commuter shuttle travels to and from the Metra Station in Elburn. Of the 13 routes noted above, six of them do not collect or require fares for any members of the public. These six routes are the routes that operate primarily on the NIU campus and are short, express-style routes. The remaining seven buses do require fares, and are the routes that operate to southern DeKalb, Sycamore Road., Elburn Metra Station, Sycamore, etc.

The City’s fixed route bus fare in 2019 was one of the lowest in the state with one way trips for general public passengers costing only fifty cents. Senior citizens, individuals with disabilities, and K-12 students paid a reduced fare of twenty-five cents while NIU students and children under the age of five ride all fixed route buses free of charge. A portion of NIU student tuition is devoted to public transportation, and the university uses that portion of the tuition to fund the annual transit contribution as agreed upon in the intergovernmental agreement between the City and NIU.

The table below provides a summary of fixed route and paratransit fare structures throughout the State at all other urban transit systems:

Transit Agency

Fixed Route Adult Fare

Paratransit Fare

DeKalb

$0.50

$1.00

Champaign/Urbana

$1.00

$2.00

Danville

$1.00

$2.00

Decatur

$1.00

$2.00

Moline

$1.00

$2.00

Peoria

$1.00

$2.00

Bloomington/Normal

$1.25

$1.25

Springfield

$1.25

$2.50

Rockford

$1.50

$3.00

In 2019, the City collected $55,437 in fare revenue from the fixed route system. Based upon January 1, 2021, to January 1, 2021, fixed route ridership data, the City’s fixed route system would have generated approximately $25,000 in fares while the paratransit service would have generated approximately $60,000 within the same time; a combined estimated total of $85,000. If fares were reinstated on July 1, 2022, it is assumed that the 2022 fare revenue would be about $40,000.

City staff recommend a re-institution of the 2019 fare system for the balance of 2022, with further consideration of bus fare levels in general sometime before the end of the fiscal year. Over many years, the City has benefited mightily from the substantial federal and state subsidies it annually receives to operate its public transit system. Some local municipal contribution is merited to sustain such subsidies going forward. (click here for additional information)

2. Consideration of Refunding General Obligation Bonds, Series 2013A (DeKalb Public Library Bonds).

City Manager’s Summary: The City has one outstanding bond issue, the General Obligation Bonds, Series 2013A (Library Bonds), that meets the eligibility and logical requirements for refunding (refinancing). The bonds have a call date of January 1, 2023, and could be refunded up to three months in advance, in October 2022, to take advantage of the current market’s low interest rates and reduce the overall debt service over the remaining term of the bonds.

As of May 1, 2022, the City has five bond issues outstanding:

1. General Obligation Refunding Bonds, Series 2010C (matures 1/1/2023)

2. General Obligation Bonds, Series 2012A (matures 1/1/2030)

3. General Obligation Bonds, Series 2013A (matures 1/1/2033)

4. General Obligation Refunding Bonds, Series 2019 (NC) (matures 1/1/2028)

5. General Obligation Refunding Bonds, Series 2020 (NC) (matures 1/1/2030)

The 2010C bonds will be paid off in about seven months, and the 2019 and 2020 bonds are non-callable, so they could not be refunded. The 2012A (Police Station) bonds are eligible to be refunded; however, they carry very low interest rates (2.00%-2.50%) and a cost savings would not be achieved in the current interest rate environment.

The 2013A bonds were issued June 18, 2013, for $6,685,000 to finance the expansion and renovation of the DeKalb Public Library. The bonds are callable on January 1, 2023, meaning that is the first opportunity to pay off the remaining principal. As of May 1, 2022, $4,010,000 of principal is outstanding. The remaining interest payments range from 3.00% to 4.00%. Annual debt payments, which are paid by the City from the City’s General Fund, average $485,000. Property taxes are abated every year, and the City uses other General Fund revenues to repay the debt.

In early May, City staff met with Baird Public Finance – the City’s underwriters on five prior bond issues – to discuss savings opportunities that could be achieved by refunding the 2013A bonds. Baird advised that based on current market conditions it is not economical to advance refund the 2013A bonds at taxable interest rates now, nor currently refund the 2013A bonds at tax-exempt rates in the fall using current public offering rates.

Baird advised that the City’s greatest savings opportunity may lie with a private placement (i.e., direct placement to a bank), which the City undertook with its 2019 refunding bonds. The advantages to this are:

▪ Private placement typically has lower issuance costs and can be done more quickly, because a bond rating and an official statement are typically not required.

▪ The benefits will change with market conditions.

▪ Currently, bank rates have not caught up to (higher) public offering rates. Baird offered two alternatives to the City utilizing private placement:

▪ Option #1: Standard Delivery - Wait to sell the bonds in early September for delivery in October through a standard delivery. This would subject the City to market risk for the next three months, and interest rates are increasing.

▪ Option #2: 4-Month Forward Delivery – Lock in a tax-exempt rate in June with delivery to occur in October, eliminating the market risk.

Both options assume the refunding of $3,310,000 of principal for maturities occurring between 2026 and 2033 (the higher interest rate years). As of April 20, 2022, the standard delivery interest rate was 2.53% and the 4-month forward delivery rate was 2.64%. The forward delivery rate is typically 0.10%-0.15% higher because the banks assume the market risk.

Option #1: This option offers a hypothetical gross debt service savings over the remainder of the bonds’ term of $220,828 (about $20,000 annually)

Option #2: This option offers a hypothetical gross debt service savings of $189,532 (about $17,200 annually). Both options include the costs to issue the new bonds (placement agent, bond counsel, escrow agent, etc.), which is approximately $50,000.

If the City pursued a forward delivery, it would need to meet the credit criteria of the bank(s) and in the event a bid was not palatable, the City would need to reevaluate its options. The City would not incur any up-front costs as all participants are paid out of bond proceeds upon successful closing of the bonds. The City could adopt an ordinance with flexible parameters (private placement, public offering, standard delivery, or forward delivery) in the event the private placement bids did not come back favorably and a new approach could be taken without adopting a new ordinance.

The City Staff recommend Option #2. If the Council concurs, the City Manager will bring an ordinance back for the Council’s review and approval at the regular meeting of June 13. (click here for additional information)

K. RESOLUTIONS

1. Resolution 2022-046 Authorizing an Architectural Improvement Program Economic Incentive for the Aurora Music Company, Inc., 137 E. Lincoln Highway, in the Amount of $25,000.

City Manager’s Summary: Rob Mondi, the owner of the Aurora Guitar Company at 137 E. Lincoln Highway, has been renovating the formerly vacant building since he purchased it in late July 2021. He has rather spectacularly upgraded the interior spaces as the photographs in the Agenda background depict. His personal investment has reportedly exceeded about $75,000 and he is seeking some TIF assistance through the City’s Architectural Improvement Program (AIP) to complete some ADA compliance goals, including the conversion of the first-floor bathroom into an accessible facility and a similar conversion in the lower-level bathroom. Over time, as he opens and builds his customer base, he hopes to do some exterior tuckpointing and window replacement.

Based on the AIP criteria, Mr. Mondi qualifies for the maximum AIP forgivable loan of $25,000. He has provided the required number of estimates and is hoping to keep plowing through his prime list of building improvements, with the City’s AIP assistance. The project is a “poster child” for the AIP program as originally conceived and Mr. Mondi’s collaboration has been very strong since the beginning of the project. City Council approval of the $25,000 forgivable loan is recommended.

The growing popularity of the modest TIF #3 AIP program now that TIF #1 has been terminated is making a difference in the look and commerce in the downtown area. If the Council approves the $25,000 request, the remaining funds available in the $70,000 AIP budget for FY2022 will be $8,085 because several late-2021 projects were not reimbursed until the work was completed in January 2022. Accordingly, the draft FY2022 budget amendments lower on this Agenda will include revisions in Fund 262 (TIF #3) to assist future downtown private renovation projects over the remaining months of 2022. (click here for additional information)

2. Resolution 2022-047 Authorizing a Concurrence Letter as Requested by the Illinois Department of Transportation Concurring with a Bid Award and Authorizing Local Funding of a Bid Over-Run (Peace Road and Fairview Drive).

City Manager’s Summary: For several years, the Illinois Department of Transportation (IDOT) and the City of DeKalb have been collaboratively involved in the planning and design work associated with a multi-phased upgrade of Peace Road from the Peace Road Interchange to the railroad bridge north of Illinois Route 38. The first phase would extend the widening and reconstruction from the interchange to a point north of Fairview Drive, with the improvements then finished with a narrowing taper, northbound, until other funding can be secured. The first phase will also receive funding from the U.S. Department of Transportation, the County of DeKalb, and the developer of Park 88.

As the Council learned several weeks ago, re-surfacing costs are skyrocketing. The estimated City’s share in the first phase project was to be about $500,000 but the City share has doubled. A complicating factor is that the City stands to lose a 1.5 million IDOT grant if it does not concur with the higher-than-expected bid results, pictured in the table below:

Company Name

Base Bid

Curran Contracting Inc

$3,577,777.77

William Charles Const.

$3,514,779.56

IDOT recommends accepting and awarding the contract to the low bidder, William Charles Construction Co., LLC. In view of the potential for losing a valuable state grant if the City does not concur with this IDOT recommendation, the City Manager and City Engineer recommend Council concurrence. Fund 210 (Motor Fuel Tax Fund) has sufficient reserves to absorb this over-bid, as will be explained in the FY22 budget amendments later in this agenda. (click here for additional information)

3. Resolution 2022-048 Authorizing a Payment to the DeKalb County Community Foundation on Behalf of the DeKalb Municipal Band for Services Beginning January 1, 2022, through December 31, 2022, in the Amount of $41,088.

City Manager’s Summary: The Legislative budget in the City’s FY2022 Annual Budget contains an allocation of $41,088 for the DeKalb Municipal Band, founded in 1854. The Band has performed continuously for a longer period than any other municipal band in the State of Illinois. The Band has established a pass-through fund with the DeKalb County Community Foundation to encourage private donations. Going forward, this pass-through fund will be the vessel for annual contributions – either public or private. The City’s FY2022 contribution will cover the expenses of the band during the summer of 2022.

City Council approval is recommended. (click here for additional information)

4. Resolution 2022-049 Authorizing an Intergovernmental Agreement with the DeKalb Community Unit School District No. 428 as it Pertains to School Resource Officers.

City Manager’s Summary: Since the Council’s initial consideration of a City/School District intergovernmental agreement (IGA) concerning school resource officers on May 9, the Board of Education has met again, and a majority of the Board has supported the following revisions:

▪ A reduction in the total number of school resource officers (SROs) from six to five (or an addition of two sworn officers to the current complement of three sworn officers.)

▪ An understanding that the City and District may, by written mutual consent, expand or contract the number of officers as needed over the three-year term of the Agreement.

▪ An understanding that the City will be purchasing two new squad cars rather than three. In the unlikely event that the complement of SROs will be further reduced from five to a lesser number over the three-year term of the agreement, a pro rata reduction in the District’s vehicle contribution will be considered.

The attached draft IGA reflects these adjustments. City Council approval is recommended. Time is of the essence. The Police Department has a number of fine candidates to fill the two new SRO positions. However, for the City to maintain Police shift strength, which is presently 92% of authorized levels (60 of 65), then the extended hiring and training processes for replacement officers must proceed without delay. The attached table depicts the projected timeline for replacement officers. (click here for additional information)

5. Resolution 2022-050 Authorizing a Change Order to Expand the Scope of Work Provided by Northern Illinois Services Company in Relation to the Demolition and Restoration of 1011-1027 W. Hillcrest Drive in the Amount of $49,824.

City Manager’s Summary: As Assistant Public Works Director Andy Raih writes in his attached memorandum, on April 25, 2022, the City Council approved a contract with Northern Illinois Services Company for the demolition and restoration of 1011-1027 W. Hillcrest Drive. Demolition work began on May 10, 2022, with removal of (9) commercial units and (14) apartment units. There was no allowance for change orders in this contract.

On Thursday, May 19, 2022, while removing the asphalt parking lot the contractor notified Mr. Raih that there was an existing reinforced concrete parking lot below the asphalt/aggregate parking surface. This condition was unknown at the time of the initial bidding process and was not addressed in the initial scope of work. The subgrade concrete lot is generally 6” in depth and equates to roughly 750 cubic yards of additional impermeable surface that needs to be removed. Northern Illinois Services Company has provided a change order proposal in the amount of $49,824 to remove and crush the additional concrete to make the site ready for future re-development opportunities.

The Public Works Department respectfully requests a waiver of competitive bidding as Northern Illinois Services Company is already mobilized with crushing equipment on-site for the additional concrete. The concrete would be crushed into a CA-6 gradation that will be repurposed by the Public Works Department for backfill on utility projects in the future.

The additional work would change the scope and overall cost of demolition and restoration to $287,707. For reference, the next lowest bidder at the April 11, 2022, bid opening priced the project at $300,450 which did not account for the unexpected change order discovered May 19, 2022. (click here for additional information)

City Council approval is recommended.

L. ORDINANCES – SECOND READING

None.

M. ORDINANCES – FIRST READING

1. Ordinance 2022-022 Approving the Final Development Plan and Final Plat for Arista Residences Located at 1383 Barber Greene Road.

City Manager’s Summary: As Director of Planning Dan Olson writes in his background memorandum, on January 24, 2022, the City Council passed Ordinance 2022-008, which approved the annexation, rezoning, and preliminary plan for the construction of a four story executive suites residential building with (61) one-bedroom dwelling units located along the north side of Barber Greene Road at County Farm Road. The 1.8-acre site once contained the former Buhr’s Landscaping and Lawn Care business. The project is named Arista Residences and is zoned PD-R, Planned Development Residential District.

Ordinance 2022-008 required the submittal of a Final Development Plan and Final Plat prior to a building permit being issued for the site. The Final Development Plan includes the final engineering plan and lighting (photometric) plan. The Ordinance also required approval of the Plan and Plat by the Planning and Zoning Commission and City Council. The architectural elevations and landscape plan approved in the Ordinance were revised and are included in the Council background.

As originally conceived, Arista Residences will include 61 one-bedroom fully furnished apartment units with 12+ month leases. Each unit will contain about 700 square feet and the estimated monthly rent will be $1,350. Amenities will include a hotel-style lobby, hospitality room, business center, full gym, and EV charging stations. There will be no commercial uses in the building.

The architectural elevations have been amended and improved since the preliminary plan approval in January. The applicant added vertical stone elements in the center of the building and changed the color of the masonry at the base to break up the visual building expanse and soften the visual effect.

Three points of access were originally proposed for the subject site. A right-in/right-out access was originally proposed along Barber Greene Road along with a full entrance at

County Farm Road. These access points are unchanged. A third access point was proposed at an existing access along a private access drive along the north side of the property. This access is controlled by the ownership of Northland Plaza Shopping Center which is now disinterested in the private drive access. The site plan has been revised and the change will not diminish effective emergency access to the site.

A detention basin is proposed at the north end of the site. An existing 16’ sanitary sewer running through the property will be relocated to the perimeter of the property and will connect an area main to the building. A sidewalk will be constructed along Barber Greene Road to connect to existing walkways to the west and east. Finally, a landscape plan was approved as part of the preliminary plan and was slightly enhanced due to the removal of access to the northern access drive.

The 61 apartment units require 92 required parking spaces. The approved preliminary plan indicated 56 covered parking spaces and 36 uncovered spaces for a total of 92. An earlier reference to covered parking spaces was removed on the final plans. If the applicants decide to construct covered parking, they will bring their request back to the City for approval.

The Planning & Zoning Commission reviewed the final development plan and plat at their regular meeting of May 16. By a vote of 5-0, the Commission recommended City Council approval. City Council approval of the Planning & Zoning Commission recommendation is requested. (click here for additional information)

2. Ordinance 2022-023 Amending the Fiscal Year-End December 31, 2022, Budget.

City Manager’s Summary: The city’s legal level of budgetary authority is at the fund level, meaning that the budget officer may transfer amounts between departments within a fund, but transfers between funds must be approved by the City Council. Expenditures may not legally exceed budgeted appropriations at the fund level. As outlined below, several funds require budget amendments to remain in compliance. Additionally, four amendments within the General Fund are presented to “clean up” the accounting. The fund impacts primarily fall within capital funds and are detailed as follows:

▪ Items #1 & 2 relate to ongoing road projects that are partially funded by the Motor Fuel Tax (MFT) Fund and partially by the TIF #3 Fund. Within MFT architect/engineering services, one project needs to be increased: $30,000 for the continuation of Afton Rd. Also, within MFT, $650,000 is added to street improvements for local maintenance projects and the local share related to the Peace Road and Fairview Drive reconstruction project due to a bid overrun by the Illinois Department of Transportation.

The Lincoln Highway reconfiguration project received one bid that exceeded the budget and engineer’s estimates. The construction will be paid from TIF #3. The TIF #3 “Other Capital Improvements” line item will increase by $550,000 to accommodate the higher contractor bid plus a 2% contingency.

The total increase to expenditures in MFT and TIF #3 is $680,000 and $550,000, respectively.

▪ Items #3 & 4 relate to capital equipment purchases. When the FY 2022 budget was adopted, a transfer of $800,000 from the General Fund to the Capital Equipment Replacement Fund was budgeted to apply to the purchase of one (1) new fire truck.

Upon further analysis, it is preferable to track the fire capital purchases in the GEMT Fund. Item #3 moves the $800,000 budgeted transfer from Capital Equipment Replacement to GEMT. There is no net effect from this transaction.

Within Item #4, the vehicle expense line item in Capital Equipment Replacement is reduced by $800,000. Within GEMT, the vehicle expense line item is increased by $615,000 to account for the fire truck purchase at a revised price. An additional $314,000 is added to GEMT equipment to purchase motorized cots and SCBAs. The net increase to expenditures from Item #4 is $129,000.

▪ Item #5 relates to the continuation of several large road projects in the Capital Projects Fund. Within architect/engineering services, $236,000 is added for the carryover of the Fairview Road bike path, Rt. 23/Gurler Road construction, and Lincoln Highway reconfiguration. Within street improvements, $1,892,020 is budgeted to fund the continuation of Afton Road, Dresser Road, Gurler Road/Rt. 23, and for work on the Knolls subdivision. Offsetting reimbursement revenue from Ferrara of $573,000 and grants from the State of Illinois totaling $1,580,020 are also increased. Additionally, $75,000 in revenue from the sales of surplus City property is not likely to occur and has been eliminated. The net effect to the fund is a increase in expenditures of $50,000.

▪ Items #6 & 7 relate to reclassifications between departments of the General Fund related to budgeted pension contributions. Item #6 reclassifies between Fire Department accounts, and item #7 reclassifies between Police Department accounts. There is no net effect to the General Fund.

▪ Item #8 relates to reclassifications between two revenue line items of the General Fund. Due to the material amount of revenue received as part of the IGA with the DeKalb Community Unit School District #428 for utilizing City police officers as School Resource Officers, the City’s auditors have recommended that this revenue be presented within charges for services, rather than refunds/reimbursements. There is no net effect to the General Fund.

▪ Item #9 is a “housekeeping item” to correct a minor error in the Fiscal Year 2022 budget. Within the Police Department, Community Support Services (CSS) was combined with Communications in FY 2022. The line item for CSS supplies/parts for vehicles was inadvertently zeroed out, however there are four (4) CSS vehicles which are quite old that typically require a small amount of maintenance each year. $2,000 has been added to the General Fund budget for this line item.

▪ Item #10 – as the final 2021 tax extensions are now available, the revised estimate for TIF property taxes to be received in FY 2022 is $507,254. A $47,000 amendment to increase the property tax revenue to $507,000 will be offset by an increase of $47,000 to the private property rehab/development expenditure to fund additional AIP projects in the downtown TIF. There is no net effect to the fund.

▪ Item #11 – with the recent award of a $50,000 grant from T-Mobile to the City to fund a public art program, $50,000 of revenue is added which is offset by $50,000 in contracted services to complete the projects. There is no net effect to the fund.

▪ Item #12 is a reclassification between accounts in the Capital Equipment Replacement Fund. A $40,000 budgeted leaf vacuum purchase was postponed when high quotes were received, so instead, a second F-250 pickup truck is planned to be purchased for $40,000. There is no net effect to the fund.

▪ Item #13 is an increase to vehicle expenditures in the Capital Equipment Replacement Fund. A used squad became available for purchase from another police department, as well as a new 2021 squad, which was approved at the January 24, 2022, City Council meeting. The purchase price plus upfitting necessitates an increase of $51,000 to the fund’s expenditures.

City Council approval is recommended. (click here for additional information) N. REPORTS AND COMMUNICATIONS

1. Council Member Reports.

2. City Manager Report.

O. EXECUTIVE SESSION

Approval to Hold an Executive Session in Order to Discuss:

1. The Sale or Lease of Real Property as Provided for in 5 ILCS 120/2(c)(6); and

2. Pending Litigation as Provided for in 5 ILCS 120/2(c)(11).

P. ADJOURNMENT

https://www.cityofdekalb.com/AgendaCenter/ViewFile/Agenda/_05232022-2184