Archive for the ‘ City Watch ’ Category

Here’s an excerpt from a memo included with next week’s council meeting agenda:

The City of DeKalb maintains Chapter 2 of the City Code which governs the City Council and meetings thereof. Old versions of the City Code included provisions which purported to prohibit public comment at certain meetings of the City Council or Committee of the Whole. In 2014, the City Council adopted Section 2.04(d) of the City Code, which clearly denotes that the public has the right to speak at any public meeting of the City Council or any derivative body thereof, including the Committee of the Whole.

Nope, the Code specifically mentions the Planning & Zoning Commission but not Committee of the Whole (CoW).

That’s important because Chapter Two of the Municipal Code still includes exceptions to allowing public comment, particularly in the case of CoWs.

c) The intent and purpose of the Committee of the Whole meetings shall be primarily for the purpose of discussion of consideration items brought before the Council and various smatters which require a presentation and/or upon which discussion is anticipated, but not for the passage of Ordinances or Resolutions. Public comments shall generally not be permitted at such meetings, but rather shall be reserved for the City Council meeting immediately following such meetings. The Committee of the Whole meeting shall be treated as a meeting where public comment is not permitted under Section 2.12(ad) of this Code. (13-51)

CoW meetings are where city staff make their case to council about stuff they want. What they don’t want is for you to rebut their arguments and they’ve gone to some lengths to keep your voice out of these meetings. For years they just outright prohibited your comments. Then about six months ago, they changed the rules to abide by the Open Meetings Act (OMA) but took steps that essentially kept the changes secret.

I’ve put together a timeline for you. Read the rest of this entry

***DeKalb city council will consider the special use permit during its regular meeting Monday, April 27.***

While the University Village Planned Development proposal seems to have grabbed the headlines today, last night’s Planning & Zoning Commission meeting was also notable for neighborhood pushback against approval of a special use permit for a new 140-foot cell tower on the southeast side of DeKalb.

Since last November, P&Z has discussed a request made by Central States Tower (CST) for a permit to place a Verizon cell tower/antenna at 1300 South 7th Street even though CST did not follow procedures required by city code in the application process — and despite city staff’s recommendation to reject the application for that same reason. Read the rest of this entry

On the February 9 DeKalb city council meeting agenda was this action item:

2. Resolution 2015-011 Waiving Competitive Bidding and Authorizing the Execution of a Website Design Agreement with CivicPlus in an Amount not to Exceed $56,189 in Year One.

Staff said they didn’t have time to put out Requests for Proposals (RFPs). They claimed they’d been taken totally by surprise by Department of Justice findings that the city’s website was not compliant with Americans with Disabilities Act standards and needed to act this instant to meet a tight deadline in June.*

Did the city council pass the resolution? I honestly don’t know. The discussion took one hour, twenty-six minutes and there were several votes taken, including one that I described in my notes as “original motion, DEAD, 9:07.” I could be wrong. At any rate, council still continued to talk and vote until an expenditure up to but not exceeding something around $51,000 was passed 5-3.

There’s another potential issue besides the possible zombie motion, too. Waiving bidding on a public improvement (as opposed to routine procurement) of $20,000 or more generally requires a 2/3 majority to pass. So do some budget amendments, and the CivicPlus deal definitely did blow the website budget of $20,000. I’m not sure what the exception was that allowed for a simple majority vote in this case.

Lest you think I’ve totally lost it, let me tell you I’m not the only one. Staff have not been able to get the minutes right for this meeting and the culprit is the CivicPlus discussion. Right now we’re awaiting the second revision. Read the rest of this entry

Mayor John Rey had a guest column in the Chronicle this week. As is par for the course with City of DeKalb administrations, he calls criticism of the city’s actions “misinformation” and “rumors.”

There are two reasons people are upset. One is evidence that the city withheld information about the U.S. Department of Justice evaluation of DeKalb’s compliance with Americans with Disabilities Act. The other is the manipulation of information to create anxiety over a DOJ deadline, which enabled the proposal of a no-bid contract with an overly expensive, non-local, sole-source website designer that the city manager likes.

We’ll discuss the first reason today. Mayor Rey, after you: Read the rest of this entry

Early last month, DeKalb’s city council considered whether they should waive the usual bidding process and immediately sign a contract with a website designer who appears to be “besties” with the city manager. The reason for wanting to waive bidding? Staff claimed the city had a crisis foisted upon it by the U.S. Department of Justice following a recently completed review of DeKalb’s website. The DOJ had found the city non-compliant with Americans with Disabilities Act rules and had given DeKalb an ostensibly super-tight deadline for correcting the deficiencies.*

There is a whole lot to say about the discussion and multiple votes taken on this item and we may get around to saying it here, too.

However, today I want to concentrate on the negotiated, formal settlement agreement with DOJ that city seems reluctant to discuss explicitly in public meetings. Read the rest of this entry

The governor’s proposal to make huge cuts in funding to state universities is the big news today, but municipalities are facing a similar threat.

At Monday’s council meeting, DeKalb’s finance director will present the mid-year budget report. The city appears to be pretty much on target for the current fiscal year, but administrators are concerned about possible future cuts to DeKalb’s share of the state income tax (see p. 26) if the governor gets the budget he wants.

Income tax started out on pace at the beginning of the year and has slowly fallen behind budgeted dollar expectations. Dollars are projected to come in slightly below budget at $4.15 million. Please note this revenue source is a part of the Local Government Distributive Fund (LGDF) which is currently collected and disbursed by the State of Illinois based on a per capita basis. With a new Governor, there has been discussion about perhaps eliminated [sic] these funds or changing the distribution allocation.

The current budget proposal doesn’t eliminate the income tax LGDF, but if passed would halve it. The impact on a given municipality would depend on how much of its budget depends on income tax. In DeKalb’s case it makes up about 12.5% of the operating budget so its absence would definitely cause pain.

This is not the first time a governor has targeted income tax payments to municipalities, and I identified this vulnerability as early as 2010. Even if we dodge the bullet this year, we should start talking about how to reduce dependence on this revenue source for funding operations.

Related: “Budget Addresses Have Consequences” at the Capitol Fax.

The city council voted Monday on a measure to waive the customary bidding process and award a contract to out-of-towners for a new custom website. Staff insisted only CivicPlus could make DeKalb’s official website comply with Americans with Disabilities Act (ADA) rules within a 4-month deadline negotiated with the U.S. Department of Justice.

Some city employees, including the city manager, have worked with CivicPlus previously and elsewhere.

Some city residents have questions about this deal and Bessie Chronopoulos offered a list of hers in a letter to the editor. Read the rest of this entry

I placed a couple links and short comments on these topics with the Facebook Group in case anyone feels chatty this weekend.

**Update** 1/26. Related: “Sales tax coffers could get boost with new law”. Discusses the Marketplace Fairness Act and its impact (if it ever passes the U.S. House) on state revenues.
**Update** 1 p.m. Related: “Now comes the Internet Sales Consultants”. It provides more food for thought on this scheme, as well as a description of an omission that sounds like a possible violation of the Open Meetings Act.

DeKalb’s city council is considering a new kind of retail revenue source. You should know about it because your tax money is involved.

Chronicle:

City leaders are trying to lure Internet retailers with an 85 percent sales-tax rebate.

The first step in the coaxing process came Monday when aldermen unanimously approved an agreement with a shell company called Great Lakes Economic Development LLC.

The company was created by Tom McPeak, a partner with Atlanta-based Barnwell Consulting, who said he has an undisclosed client interested in setting up shop in DeKalb.

McPeak is an acquaintance of Roger Hopkins. Hopkins used to head the DeKalb County Economic Development Corporation, and after that contracted with the city to provide economic development services for a time. And it looks like he’s done us a solid in facilitating an introduction.

Let’s take a closer look at the potential in this gift. Read the rest of this entry

A few days ago in another post I said this:

Fine/fee revenue can be highly variable, as we’ve seen with the disappearance of building permit revenues. TIF districts have time limits and both of ours expire at the end of the decade. These are appropriate sources for making capital improvements as you can. They are not meant to cover permanent, fixed costs yet that is exactly what is happening.

That post ran long, so I saved elaboration on the above point for another day. But now I’ve picked it back up with a vengeance. Read the rest of this entry