City Council
Regular MeetingDeKalb, IL · November 8, 2021
Minutes
MINUTES
CITY OF DEKALB
REGULAR CITY COUNCIL MEETING
NOVEMBER 8, 2021
The City Council of DeKalb, Illinois held a Regular meeting on November 8, 2021, 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
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November 8, 2021
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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.
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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.
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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
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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.
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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.
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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.)
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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.)
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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.
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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
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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.
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November 8, 2021
Page 12 of 16
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.
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November 8, 2021
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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
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November 8, 2021
Page 14 of 16
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.
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November 8, 2021
Page 15 of 16
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.
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November 8, 2021
Page 16 of 16
Respectfully submitted,
_____________________________
Ruth A. Scott, Executive Assistant
Minutes approved by the City Council on November 22, 2021.
Click here to view the agenda packet for the November 8, 2021, Regular City Council meeting.
Click here to view the video recording of the November 8, 2021, Regular City Council meeting.
Agenda
DEKALB CITY COUNCIL AGENDA
REGULAR MEETING
NOVEMBER 8, 2021
6:00 P.M.
DeKalb Public Library
Yusunas Meeting Room
309 Oak Street
DeKalb, Illinois 60115
COVID-19 Notice: The corporate authorities of the City of DeKalb intend to conduct this
meeting in-person with a physically present quorum that is open to the public and in
compliance with all applicable public health requirements. All persons attending this
meeting are recommended, but not required, to wear protective face masks/coverings.
A. CALL TO ORDER AND ROLL CALL
B. PLEDGE OF ALLEGIANCE
C. APPROVAL OF THE AGENDA
D. PUBLIC PARTICIPATION
E. PRESENTATIONS
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.
2. Appointment of the Executive Assistant as Recording Secretary to the City
Council.
City Manager’s Summary: To assure that the record of the Council’s proceedings is
faithfully kept and recorded, Mayor Barnes and the City Council wish to appoint Ruth
Scott, Executive Assistant, as acting Recording Secretary, effective immediately. The
Council will consider an ordinance at the next regular meeting of November 22, which
amends Chapter 3 “City Administration”, Section 3.14 “City Clerk”, of the DeKalb
Municipal Code to memorialize the appointment of the Executive Assistant as the
Council’s permanent Recording Secretary.
Such action will not change or diminish the duties of the City Clerk as defined by
Ordinance 2019-059 and presently incorporated in Section 3.14 of the Municipal Code.
However, the action will provide the Council with the means to assure that the minutes
of Council proceedings in regular session, executive session, and special session will
be professionally completed and submitted in a timely fashion. This action will remedy
the following:
Assistive services, including hearing assistance devices, available upon request.
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November 8, 2021
Page 2 of 15
Chronically late and incomplete Council minutes that are not worthy of approval, as
evidenced by the number of unapproved Council minutes on the Consent portion of
this Agenda;
Violations of the state Open Meetings Act provisions that establish deadlines for the
submittal and approval of Council meeting minutes;
Incomplete minutes, which fail to regularly and reliably note which members move
and second motions; who specifically voted for or against an action item; etc.
Numerous typographical errors including the misspelling of the Clerk’s own name.
By this appointment, the Council will have an opportunity to review and approve
minutes of a dedicated and consummate professional employee skilled in the process
of minute-taking and dedicated to the timely submittal of such minutes. The follow-on
ordinance, which will be submitted on November 22, will not prevent the Clerk from
taking minutes and presenting them, but the Council will have the opportunity to
choose which set of minutes to accept and approve.
G. CONSENT AGENDA
1. Minutes of the Regular City Council Meeting of August 23, 2021. (Minutes for this
meeting have not been submitted for Council review and approval.)
2. Minutes of the Regular City Council Meeting of September 13, 2021. (Corrected
minutes for this meeting, as requested by Council on October 25, 2021, have not been
submitted.)
3. Minutes of the Regular City Council Meeting of September 27, 2021. (Corrected
minutes for this meeting, as requested by Council on October 25, 2021, have not been
submitted.)
4. Minutes of the Regular City Council Meeting of October 25, 2021. (Minutes for this
meeting have not been submitted for Council review and approval.)
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.
H. PUBLIC HEARINGS
1. Public Hearing: 2021 Annual Property Tax Levy. (click here for Public Hearing Notice)
City Manager’s Summary: This Truth in Taxation hearing is not required because the
proposed City levy that the Council supported on October 25 does not exceed 105%
of the 2020 City levy. Nevertheless, a public hearing will provide another opportunity
for public comment about the proposed City levy. The key facts that local residents
and businesses should know are the following:
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November 8, 2021
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The proposed City corporate levy is $6,845,317, an increase of $322,861
(4.95%) over the $6,522,456 City Levy in 2020. This assumes the following:
o An allocation of $3,720,878 to partially meet Fire pension obligations.
o An allocation of $3,124,439 to partially meet Police pension obligations.
o The full abatement of the $495,000 Library debt service.
The Library levy is $2,700,708 – an increase of $334,330 (14.13%) over the
Library levy of $2,366,378 in 2020.
The proposed aggregate and special service levy including the Library levy
($2,700,708) and special purpose levies (Police and Fire pension levies which
together equal $6,845,317) totals $9,546,025 – an increase of $657,191 over the
2020 total of property taxes extended or abated by the City and Library combined
($8,888,834).
It should be noted that $1,278,142 of the required Fire and Police Pension payments
in 2022 will be paid out of General Fund revenues other than property taxes to relieve
City taxpayers of an additional burden if all fiduciary obligations associated with the
FY2022 pension payments and Library debt ($495,000) fell on the City levy.
The City’s rate-setting EAV is assumed to be $696,563,113 in 2021, an increase
of $86,230,051 (+14.13%) over the 2020 rate-setting EAV of $610,333,062. This
substantial increase in the community wealth is the result of the following:
a) the projected 2021 City levy, payable in 2022, will capture the following new
assessed values:
Recovered Central Area TIF: In the 2020 Intergovernmental Agreement relating
to tax increment financing districts in the City of DeKalb (dated November 15,
2020), the parties agreed that the last Central Area TIF annual surplus payment
pertained to tax year 2020, with the last annual surplus payment paid by the
DeKalb County Collector in 2021.
With the termination of the Central Area TIF, the “recovered” TIF value is treated
the same as new property. The 2021 tax year (with taxes payable in 2022) is the
first year that the recovered TIF increment can be taxed. Under the Property Tax
Extension Limitation Law (PTELL), the amount of the extension (total taxes
billed) for non-home rule taxing districts is limited to an inflationary increase on
the value of existing property, plus an additional amount for new construction.
The inflationary increase is limited to the lesser of 5 percent or the increase in
the consumer price index for the year preceding the levy year. PTELL does not
apply to home rule units of government such as the City of DeKalb, but the City
Council has been very mindful of the impact of their levy decisions in recent
years. The “recovered TIF” value is estimated to be $59,148,535.
Ferrara Distribution Center: (Parcel #08-35-300-012): Total 2021 EAV equals
$17,547,861, but $44,165 of that EAV represents existing value. $17,503,696 in
new EAV times 0.50 (50% abatement) equals $8,751,848 in abatement. The
Assistive services, including hearing assistance devices, available upon request.
Regular Meeting Agenda
November 8, 2021
Page 4 of 15
total EAV of $17,547,861 minus the $8,751,848 abatement equals the 2021
taxable EAV of $8,796,013.
Ferrara Pack Center: (Parcel #08-35-400-009): The total EAV of $5,860,804
includes $18,987 in existing value. The abatement will equal $5,841,817 times
0.50 equal to $2,920,908.50. The total EAV of $5,860,804 minus the
$2,920,908.50 abatement equals the 2021 taxable EAV of $2,939,895.50.
The combined taxable EAV for the Ferrara Distribution Center and
Packaging Center in 2021 is $11,735,908.50. At the expiration of the 15-year
term for the Ferrara distribution and packaging centers, 100% of the EAV will be
taxable.
Facebook: The 500-acre development has been annexed and zoned “Planned
Development – Industrial” since March of 2020, but no principal buildings have
yet been occupied, so the “developer’s exemption” still largely applies to the land.
Afton Township Assessor Jay Walker is looking at a partial assessment of the
ancillary buildings that have been completed to support the overall construction
process, and the limited land areas surrounding them.
Other: An estimated $3,200,000 in additional EAV tied to new construction
across all other residential, commercial, and industrial projects.
Total Estimated 2021 New Construction: $74,084,443.50.
b) The tentative 2021 DeKalb Township multiplier is 1.0199. The 2020 EAV of
$610,333,062 times the multiplier of 1.0199% = $622,478,690.
Assuming a rate-setting EAV of $696,563,113 the proposed City levy of
$6,845,317 will result in a corporate tax rate of 0.98273 ($6,845,317 divided by
$696,563,133), which is $8.04% lower than the City rate of 1.06868 in 2020.
The Library levy of $2,700,708 divided by the rate-setting City EAV of
$696,563,113 will result in a 2021 Library rate of 0.38772 – the same as the
Library rate in 2020.
The following table puts the proposed City tax rate of 0.98273 in the context of the
recent history of City tax rates:
Tax Levy Year Rate-Setting EAV: City City Levy City Rate
2011 582,504,715 4,196,890 0.7205
2012 533,805,903 4,244,718 0.7952
2013 485,923,623 4,270,457 0.9809
2014 464,966,381 4,270,540 1.0245
2015 468,077,742 5,094,730 1.1942
2016 503,861,829 5,565,384 1.2021
2017 529,629,464 6,004,594 1.2268
2018 547,947,687 6,017,140 1.1883
2019 585,726,839 6,269,649 1.1541
2020 610,333,062 6,522,507 1.06868
2021 696,563,133 6,845,317 0.98273
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The next table depicts the trend in actual City tax dollars paid if the proposed rate is
0.98273:
Twp DeKalb
Year Base EAV New EAV Homestead Final EAV DeKalb Tax
Multiplier Rate
2019 $97,906 1.0351 $101,343 -$6,000 $95,343 1.1549 $1,101.11
2020 $101,343 1.0409 $105,488 -$6,000 $99,488 1.06868 $1,063.21
2021 $105,488 1.0199 $107,587 -$6,000 $101,587 0.98273 $998.33
I. CONSIDERATIONS
None.
J. RESOLUTIONS
1. Resolution 2021-096 Authorizing a Second Amendment to a Retainer Agreement
for City Attorney Services.
City Manager’s Summary: The attached retainer agreement between the City of
DeKalb and attorneys John Donahue and Matthew Rose is the second amendment to
the original contract entered in June 2019 for city legal services. The first amendment
in January, 2021 reduced the amount of the retainer for basic services from $16,000
per month to $15,000 per month in the face of the COVID-pandemic. The proposed
amendment would keep the monthly retainer at $15,000 per month but raise the
litigation hourly rate from $185 to $190.
The firm of Donahue & Rose has performed very well in the City’s behalf, and their
fees are more than competitive.
City Council approval of the proposed contract extension is strongly
recommended. (click here for additional information)
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.
City Manager’s Summary: The attached resolution authorizes the expenditure of state
MFT funds for the City’s share of the Twombly Road upgrade in 2021, which shall not
exceed $600,000. The Council will recall that the roadway makes several jurisdictional
changes across a short stretch altering multiple times between City and Township.
The road had deteriorated significantly requiring rehabilitation, and the current project
replaces the street surface, storm sewer, and curb and gutter and introduces a
sidewalk on the north side and a walking path on the south side. The DeKalb County
Highway Department advanced the plans and contract documents and administered
the bidding with the following award:
COMPANY NAME BASE BID
N-TRACK, LLC $811,337.15
Assistive services, including hearing assistance devices, available upon request.
Regular Meeting Agenda
November 8, 2021
Page 6 of 15
DeKalb Township has been the lead agency, awarding and holding the contract. The
County has provided construction engineering and contract administration on behalf
of both local agencies and has billed the City for its cost responsibilities. The City
Engineer concurred in support of the responsible low bidder, N-TRACK Group.
Beyond budget approval in Fund 210, the City must pass a spending resolution to
expend the state MFT funds as final 2021 payment requests are received.
City Council approval is recommended. (click here for additional information)
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.
City Manager’s Summary: 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. Although the City’s experience with Gallagher was very solid, the
2020 renewal bid (payable in 2021) increased by 36%. The RFP was designed to test
how much of this proposal was due to market factors such as rising litigation and jury
verdicts associated with law enforcement actions, the sudden onset of COVID-19, and
rising cyber liability associated with the severity of ransomware claims. Josh Boldt,
Assistant to the City Manager, has provided a history of the Gallagher premium pricing
in the attached memorandum.
A public notice solicited sealed proposals by October 15. Gallagher did not submit a
proposal. Proposals were received from Corkill Insurance and Crum-Halstead.
Corkill Insurance was not able to submit a proposal that included all the requested
insurance coverages. Instead, Corkill Insurance was only able to provide a proposal
for Excess Workers Compensation coverage at a total FY2022 cost of $167,630 from
the Illinois Public Risk Fund (IPRF). However, Corkill Insurance advised that the City
does have the option to assign Corkill as the servicing agent through the Illinois County
Risk Management Trust (ICRMT).
Crum-Halsted Agency of Sycamore submitted a competitive, all-inclusive
proposal at a total FY2022 cost of $554,523. Crum-Halsted has serviced the area
since 1924 and presently employs 63 individuals throughout their local offices. The
Crum-Halsted team has over 125 years of combined insurance experience with a local
customer service team. The Crum-Halsted proposal principally utilizes the Illinois
Counties Risk Management Trust (ICRMT) to provide the requested insurance
coverages.
The ICRMT is a risk pool featuring 380+ member entities throughout Illinois. The
ICRMT features a 97% annual retention rate with local government clients ranging
from municipalities to community colleges. The ICRMT brand is widely recognized as
a reputable insurer of local governments by industry professionals, including our City
Attorney and the professional financial audit team at Sikich, LLP.
The ICRMT features a suite of claims services through Insurance Program Managers
Group (IPMG) at no cost to the City. Presently, the City contracts with CCMSI, a third-
party administrator, to adjust and administer claims on behalf of the City. While CCMSI
Regular Meeting Agenda
November 8, 2021
Page 7 of 15
has provided excellent service to the City, the City can realize annual savings by
joining the ICRMT. For instance, as of October 26, 2021, FY2021 Third-Party
Administrative fees to CCMSI totaled $30,000. Claim processing drives these
expenditures and continues to be an increasing drain on Fund 700.
Legal Services Costs
2020 2021 YTD 10/26/21 2022
(CCMSI/Gallager) (CCMSI/Gallagher) (ICRMT)
Base Fee $ 30,000 $ 30,000 $ -
Members of the City staff interviewed Crum-Halsted regarding their proposal. Since
the City specifications invited interested firms to recommend coverage alternatives for
the City, the following coverages were modified from the original bid specs:
General Liability Insurance
o No Annual Aggregate Deductible
o Underlying Liability Limits are $1,000,000/$3,000,000
o Excess Liability Limit is $9,000,000
Workers Compensation Insurance
o $500,000 deductible proposed instead of $650,000
o Employers Liability is $2,500,000
o Claims are handled by ICRMT instead of CCMSI (noted above)
Cyber Liability Insurance
o Proposal is for $2,000,000 of coverage instead of $3,000,000
The Crum-Halsted proposal is for FY2022 only. Crum-Halsted felt it could not
accurately predict rate changes for FY2023 and FY2024 in the current volatile
insurance market. The below information below summarizes Crum-Halsted’s proposal:
Premiums - Crum Halsted
2022
Package - ICRMT $ 388,951
Property - ICRMT Included
Excess Law Enforcement - ICRMT Included
Cyber - ICRMT Included
Aviation Liability - Global Aerospace $ 27,000
Tank Liability - Chubb-Westchester $ 8,267
Excess Workers Compensation - ICRMT $ 130,305
Broker Commission - ICRMT Included
Sum $ 554,523
ICRMT cannot provide coverage for the City’s airport and fuel tank liabilities, so Crum-
Halstead worked with Global Aerospace to provide an aviation liability insurance
Assistive services, including hearing assistance devices, available upon request.
Regular Meeting Agenda
November 8, 2021
Page 8 of 15
premium quote of $27,000 and worked with the Chubb Group for a tank liability
premium quote of $8,267.
Crum-Halsted has submitted a responsible proposal to meet the City’s insurance
requirements. The Crum-Halsted and ICRMT proposal provides a savings of $53,905
(8.86%) over the 2021 Gallagher contract.
City Council approval is recommended. (click here for additional information)
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.
City Manager’s Summary: On August 9, 2021, the City Council reviewed and
supported a staff proposal for a Civilian Police Review Board. On September 13, the
City Manager brought an ordinance (Ordinance 2021-040) to the Council for first
reading that amended the original proposal after further consultation with the Human
Relations Commission on September 7. The amended proposal specifically
required the Chief of Police to consult with the Board once an internal investigation
was complete and before making any recommendation for discipline; and
provided for an informal public hearing of citizen complaints in public session. While
citizens could bring confidential complaints to the Chief of Police or Fire and Police
Commission, the Citizen Review Board would only hear signed and written
complaints if their findings and recommendation will publicly bear on a Police
Officer’s career and professional standing.
On September 10 the City received a formal “Demand to Bargain” over the proposed
Citizen Review Board from the Illinois FOP Labor Council. The first bargaining session
was held virtually on Tuesday, September 21. At that time, the FOP presented several
key concerns:
that no sworn officer should be “ordered” to appear before the Review Board against
his or her will;
that the Board must maintain the confidentiality of active and pending disciplinary
proceedings until discipline is imposed; and
that in the event discipline is imposed by the Chief of Police, the proceedings of the
Board shall not be publicly released until any subsequent grievance or arbitration
rulings are final.
Additional conversations occurred until a face-to-face bargaining session was
arranged for Friday, October 15. During this bargaining period, the City Council
postponed further consideration of the proposed Citizen Police Review Board on
second reading.
The collective bargaining since mid-September between the City and FOP
representatives has focused on competing drafts of an amendment to the current
Regular Meeting Agenda
November 8, 2021
Page 9 of 15
FOP/City contract which expires on December 31, 2022. The section in question is
Article 14, “Discipline and Discharge,” Section B, “Statutory Provisions,” which
currently reads as follows:
Section B. Statutory Provisions
Nothing in this Labor Agreement is intended to or should be construed to
waive employees’ right to union representation during questioning that the
employees reasonably believe may lead to discipline. An employee shall
be required to obtain representation, if possible, within two (2) hours
regarding discipline involving 3-day suspensions or less. If an inquiry,
investigation, or interrogation, oral or written, of a Member could result in
recommendation of some action such as suspension, loss of pay, or
benefits, or discharge, then the Employer shall follow the procedures set
forth in the Uniform Peace Officers Disciplinary Act, 50 ILCS 725/1, et. seq.
(emphasis added).
The tentative agreement reached on October 15 with the FOP Labor Council would
replace the current language of Article 14, Section B with the following, extended
elaboration of the applicable statutory provisions:
Section B. Conduct of Disciplinary Procedures
All administrative procedures, including, but not limited to interrogations,
informal inquiries, and formal investigations, which may lead to disciplinary
action shall be conducted in a manner consistent with the Uniform Police
Officers Disciplinary Act (“UPODA”) and the Illinois Labor Relations Act
(“ILRA”) and shall not waive any rights of an officer in regard to these acts
or any other federal or state law.
“Interrogation,” “informal inquiry,” and “formal investigation” shall be
defined as in UPODA and shall not be construed in any other manner. The
Department shall have the authority to investigate any complaint against
an officer. However, all anonymous, oral, unsigned, unsworn, or unverified
complaints shall not constitute just cause for disciplinary action.
Disciplinary action may be taken only after the conclusion of an internal
Department investigation of the matter, and all information and evidence
which is produced by the Department’s investigation shall be strictly
confidential until the conclusion of the Department’s investigation and any
administrative procedure or grievance adjudicating the discipline, except
as may otherwise be provided by this Section. The Chief of Police shall
have the sole authority to discipline up to and including termination, subject
to the appeal and grievance/arbitration procedures provided by this
Agreement.
Upon conclusion of the investigation, but prior to the formal administration
of discipline, the full content of the Department’s investigation file shall be
made available to the Union member officer(s) who are under investigation
and to the Union, except when prohibited by law. The content of the
investigation file shall be kept confidential by the Union and said officer(s).
In the event that any information or evidence relating to the City’s
adjudication of employee grievances or disciplinary cases involving a Union
Assistive services, including hearing assistance devices, available upon request.
Regular Meeting Agenda
November 8, 2021
Page 10 of 15
member that would be exempt under the Illinois FOIA, 5 ILCS 140/7(n), is
released publicly prior to the final outcome of cases in which discipline is
imposed for whatever reason, intentionally or not, by the City’s officers,
agents or employees, or by the Police Review Board or any member of that
Board that evidence or information shall not be relied upon as the basis for
discipline, unless said evidence or information is released publicly by the
Union, the officer(s) under investigation, or a member of the Union. For the
purpose of this Section, such evidence or information is not released
publicly if it is considered during a closed session of a public body of the
City, including the City Council, the City’s Board of Fire and Police
Commissioners, or the City’s Citizen Police Review Board. Notwithstanding
the foregoing, said evidence or information may be relied upon as a basis
for discipline if it is released publicly pursuant to applicable law. In the event
that said evidence or information is ordered released publicly pursuant to
applicable law, the City shall either assert any lawful exemptions and
privileges to prevent said disclosure and/or allow the Union to intervene to
prevent said disclosure.
No member shall be compelled to give testimony concerning any
disciplinary matter before the City’s Civilian Police Review Board. This shall
not be construed to prohibit or prevent voluntary testimony, or otherwise
impair a member’s duty to cooperate in the City’s defense of a claim that is
subject to the City’s indemnification obligation under Article 20 of this
Agreement.
Boiling this down, the following understanding is intended in the revised
contractual language:
The proposed Citizen Police Review Board (“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 Board 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.
Regular Meeting Agenda
November 8, 2021
Page 11 of 15
The proposed revisions to Article 14 conform with state statutory provisions and their
purpose is to bring sharp attention to the relevance of those statutory provisions as
the City moves ahead with the CPRB.
City Council approval is recommended. The FOP Lodge 115, which represents the
sworn officers in the DeKalb Police Department, has voted to ratify the proposed
revisions. (click here for additional information)
K. ORDINANCES – SECOND READING
1. Ordinance 2021-040 Amending the Municipal Code by Adding a New Chapter 46
“Citizen Police Review Board”.
City Manager’s Summary: Council action on the second reading of the attached
ordinance has been postponed since September 27, awaiting the outcome of the FOP
Labor Council’s “Demand to Bargain” the provisions of the proposed Citizen Police
Board as they apply to the collective bargaining agreement between the City of DeKalb
and the Illinois Fraternal Order of Police Labor Council. In the foregoing background
for Resolution 2021-099, amending the current City/FOP collective bargaining
agreement, the outcome of the recent labor negotiations is described in detail. A red-
lined version of the proposed Ordinance 2021-040 is appended to this Agenda to more
clearly describe the impact of the agreement reached in the recent labor negotiations.
As described above, the differences between the ordinance draft before the Council
on September 13 and the November 8 redlined draft revolve around the letter of
relevant state statutory provisions. In the context of the revised ordinance language,
the reader will want to know under what circumstances the public may bring a
complaint and how the public may be informed of the progress of the complaint
thereafter. While the Citizen Police Review Board and the Police Chief will in time
provide more public guidance on these points, the following is consistent with the
revised FOP contractual language and Illinois statutes:
Citizen Complaints. Nothing in law currently prevents a citizen from appearing at a
public Council meeting or a public meeting of the Human Relations Commission to
make a public complaint about a city official in the three minutes typically provided
persons wishing to appear under “Public Participation.” In such instances, the Mayor
or the commission chair will ask the most responsible city official present (e.g., the
City Manager, Police Chief, etc.) to follow up with the complainant. In the case of the
CPRB, the original and the revised language of Ordinance 2021-040 allows the
chair, upon an affirmative vote of a majority of the quorum, to establish a time when
the complaint may be heard by the CPRB. Such a meeting, as described in both
versions, must be held “in accordance with the OMA and other applicable laws.”
What is clear as a result of the labor negotiations over the past 6 weeks is that a
complaint brought to the CPRB against a Police Officer must be considered by the
CPRB in closed session and the public release of those proceedings must await the
final outcome of discipline. It is also clear that the disclosure of this confidential
discussion or the records shared by the Chief of Police with the Board prior to the
Chief’s determination regarding discipline and the actual imposition of discipline after
all legal remedies are exhausted would be a fineable offense and could lead to
removal of office and criminal prosecution.
Assistive services, including hearing assistance devices, available upon request.
Regular Meeting Agenda
November 8, 2021
Page 12 of 15
Board Authority Before Officer Discipline May be Determined by the Chief. In
both the September 13 version of the attached ordinance and the redlined version
attached to this Agenda, the Board may review all the responsive records regarding
a Citizen Complaint (including, but not limited to, Police case records and internal
reports, incident reports, interview transcripts, and audio/photo/video recordings)
and provide written recommendations to the Chief of Police as to whether the Board
finds that it is more likely than not that a Police Officer violated a Department policy
and the discipline, if any, which should be imposed for said violation(s). Such review
and any related discussion with the Chief by the Board must be held in executive
session, and shall be subject to the OMA, FOIA, and UPODA protections described
above.
City Council approval of the revised Ordinance 2021-040 is recommended. (click
here for additional information)
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.
City Manager’s Summary: As noted in the Public Hearing portion of this Agenda, the
City Council concurs with the City Manager’s recommendation 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 will not levy for its IMRF obligations, Social Security obligations, general
corporate purposes, or the Library GO bond obligation. These obligations will be paid
from other General Fund revenues – primarily sales and use taxes.
The City’s aggregate levy includes a pass-through amount ($2,700,708) for DeKalb
Public Library operations. The aggregate 2021 City levy is displayed in the table below:
Increase / Increase /
2020 2021 Decrease Decrease
Tax Tax Over Prior Over Prior
Levy Levy After Year’s Year’s
2021 Aggregate & Extensions Abatements Extension Extension
Special Purpose Levies ($) ($) ($) (%)
Corporate $0 $0 $0 0.00%
IMRF $0 $0 $0 0.00%
Social Security $0 $0 $0 0.00%
Fire Pension $3,569,403 $3,720,878 $151,475 4.24%
Police Pension $2,953,053 $3,124,439 $171,386 5.8%
Public Library (pass-
$2,366,378 $2,700,708 $334,330 14.13%
through)
Total Aggregate &
$8,888,834 $9,546,025 $657,191 7.49%
Special Purpose Levy
Regular Meeting Agenda
November 8, 2021
Page 13 of 15
In 2021, the City will also levy for six special service areas (SSA), a decrease of one
against the 2020 levy (the 924 Greenbrier water debt – SSA #28 – has been
redeemed). SSA #29 was activated in April 2020 to fund road repairs in the Market
Square Shopping Center. SSA #30 was activated in December 2020 to fund public
safety and security improvements at Hunter Ridgebrook. All other SSAs are levied at
the same amounts as 2020 and are detailed in the following table:
Increase / Increase /
2021 Decrease Decrease
2020 Tax Levy Over Prior Over Prior
Tax Levy After Year's Year's
Extensions Abatements Extension Extension
2020 Estimated Tax Levy ($) ($) ($) (%)
Special Service Area Levies
SSA #3 - Heritage Ridge $1,000 $1,000 $0 0.00%
SSA #4 - Knolls $5,501 $5,500 $0 0.00%
SSA #6 - Greek Row $16,400 $15,500 $0 -5.5%
SSA #14 - Heartland Fields $2,500 $2,500 $0 0.00%
SSA #28- 924 Greenbrier $8,704 $0 -$8,704 NA
SSA #29 - Market Square $200,000 $50,000 -$150,000 -75%
SSA #30 - Hunter Ridgebrook $100,000 $50,000 -$50,000 -50%
Total Special Service
$334,105 $124,500 -$209,605 -62.74%
Area Levies
The City is also required to levy for the principal and interest of bonds issued by the
municipality. It is standard practice to abate all debt service levies immediately after
their adoption, with the exception of debt related to the 2013 Library expansion project.
For the 2021 levy year, the debt service payment ($495,000) for the Library debt
will be paid from General Fund revenues, as in the 2020 levy year, in order to
hold the City tax rate down.
City Council approval on First Reading is recommended. (click here for additional
information)
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.
City Manager’s Summary: 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 which 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.
Assistive services, including hearing assistance devices, available upon request.
Regular Meeting Agenda
November 8, 2021
Page 14 of 15
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.
The outstanding bonds are identified below:
GO Refunding Bonds of 2010C. In December 2010, the City issued $5,415,000 of
General Obligation Refunding Bonds to refinance prior debt at a lower interest cost.
The original obligations were issued to finance storm sewer construction, road
reconstruction, park land, and initial costs for the Police station.
GO Bonds of 2012A. In October 2012, the City issued $9,905,000 of G.O.
Refunding Bonds for the purpose of construction of the new Police Station on West
Lincoln Highway.
GO Bonds of 2013B. In June 2013, the City issued $2,380,000 of G.O. Bonds for
the purpose of completing construction of the new Police Station.
GO Refunding Bonds of 2019. In October 2019, the City issued $3,925,000 of G.O.
Refunding Bonds to refinance the 2010B bonds at a lower interest cost.
GO Refunding Bond of 2020. On November 19, 2020, the City issued $1,900,000
of GO Refunding Bonds. The debt impact of the Refunding Bond of 2020 based on
the fiscal year is provided in the table below:
General Fund Supported Debt
Fiscal
Principal Interest Aggregate
Year
2020 $1,380,000 $371,532 $1,751,532
2021 $0 $0 $0
2022 $1,535,000 $318,291 $1,853,291
2023 $1,595,000 $256,919 $1,851,919
2024 $1,650,000 $212,841 $1,862,841
2025 $1,680,000 $181,121 $1,861,121
2026 $1,715,000 $148,782 $1,863,782
2027 $1,750,000 $115,256 $1,865,256
2028 $1,375,000 $83,244 $1,458,244
2029 $1,405,000 $52,211 $1,457,211
2030 $1,440,000 $18,000 $1,458,000
$15,525,000 $1,758,197 $17,283,197
Regular Meeting Agenda
November 8, 2021
Page 15 of 15
The table below portrays the GO Bond debt service that will be abated in levy year
2021:
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.
City Council approval on First Reading is recommended. (click here for additional
information)
3. Ordinance 2021-046 Authorizing the Northern Illinois University Annual
Contribution for Integrated Transit Services.
City Manager’s Summary: As Transit Manager Marcus Cox writes in his attached
background memorandum, on October 18, 2018, the Council entered an
intergovernmental agreement with Northern Illinois University for integrated transit
services. By this agreement, NIU agreed to contribute a minimum of 40% of the total
costs associated with fixed route transit expenses on an annual basis. For the period
January 1, 2022, through December 31, 2022, the anticipated NIU contribution amount
is $2,065,053.30.
City Council approval is recommended. (click here for additional information)
M. REPORTS AND COMMUNICATIONS
1. Council Member Reports.
2. City Manager Report.
N. EXECUTIVE SESSION
1. Approval to Hold an Executive Session in Order to Discuss Workers
Compensation as Provided for in 5 ILCS 120/2(c)12.
O. ADJOURNMENT
REGULAR AGENDA PACKET – NOVEMBER 8, 2021
Assistive services, including hearing assistance devices, available upon request.