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Note: These minutes are not official until approved by the Executive Committee at a subsequent meeting. Please refer to the meeting

minutes when these minutes are approved to obtain any changes to these minutes.

DeKalb County Government Sycamore, Illinois

Executive Committee Minutes

November 14, 2018

The Executive Committee of the DeKalb County Board met Wednesday, November 14, 2018, in the Community Outreach Building’s Five Seasons Room in DeKalb, Illinois. Chairman Pietrowski called the meeting to order at 7:00 p.m. Those Members present were Mr. Tim Bagby, Mr. Bob Brown, Mr. Steve Faivre, Vice Chairman Mr. John Frieders, Ms. Dianne Leifheit, Ms. Maureen Little, Mr. Roy Plote, Mr. Paul Stoddard, and Chairman Mark Pietrowski, Jr. A quorum was established with all nine Members present. Others present included, Gary Hanson, Jim Hutcheson, Derek Hiland, Jeff Whelan, Chris Porterfield, Greg Millburg, Misty Haji-Sheikh, Laurie Emmer, Terry Hannan, Tim Hughes, Pete Stefan, Dan Cribben, Nathan Schwartz, Craig Roman, the media, and about 18 additional members of the public. APPROVAL OF THE AGENDA Mr. Plote moved to approve the agenda as presented. Mr. Faivre seconded the motion and it was carried unanimously by voice vote. APPROVAL OF THE MINUTES It was moved by Mr. Plote, seconded by Mr. Bagby and it was moved unanimously to approve the minutes from the October 10, 2018 meeting. PUBLIC COMMENTS There were no public comments. CHAIR’S COMMENTS Chairman Pietrowski congratulated and welcomed new and returning County Board Members following the November 6th General Election. ANNUAL APPELLATE PROSECUTOR RESOLUTION Mr. Hanson explained that this item was an annual housekeeping item that calls for the continuation for the County to participate in the services program of the Office of the State’s Attorney’s Appellate Prosecutor for Fiscal Year 2019. The fee of $24,000 has been budgeted for and remains the same amount as the past few years. It was moved by Ms. Leifheit, seconded by Ms. Little and approved unanimously to forward the resolution to the full County Board recommending its approval. DEKALB SYCAMORE AREA TRANSPORTATION STUDY IGA Mr. Hanson explained that the DeKalb-Sycamore Area Transportation Study (DSATS) was created in 2003 through a Cooperative Agreement between the City of DeKalb, the City of Sycamore, DeKalb County, the Board of Trustees of NIU, and the State of Illinois, which

Executive Committee Minutes November 14, 2018 Page 2 of 6



designated the City of DeKalb as the Lead Agency. In 2011, the Town of Cortland additionally joined DSATS. After many months of discussions among the DSATS Committee, it has been made clear that there is a desire to change the Lead (Fiscal) Agency from the City of DeKalb to the County of DeKalb. Mr. Hanson continued to share that all that is being proposed right now is the take the DSATS existing IGA and substitute the word “City” for “County” and “City Manager of the City of DeKalb” for “County Administrator for the County of DeKalb”. The hope is that in 2019 there will be a new formalized agreement brought forth. This change in fiscal leadership would take place as of January 1, 2019. Mr. Hanson additionally explained some of the logistics of the move like how DSATS will be housed at the County Highway Department and there will be one full-time employee that will come from the City of DeKalb and will now be a County employee. County Engineer Nathan Schwartz will oversee the day to day operations. Mr. Schwartz, who was present, provided the committee with some additional reasons why this move would be beneficial and how the costs associated (i.e. employee, planning, and overhead costs) with the DSATS program would be 100% reimbursable from Federal MPO Funds. Lastly, Mr. Hanson just commented that if the Board goes through with this, they will see more items coming from DSATS because whatever they approve the County Board has to approve as well. It was moved by Mr. Bagby, seconded by Mr. Faivre and was approved unanimously to forward the IGA to the full County Board recommending its approval. SHERIFF’S RADIO COMMUNICATION SYSTEMS IGA Mr. Hanson shared that on September 19, 2018 the DeKalb County Board passed Resolution #R2018-55 authorizing an Intergovernmental Agreement (IGA) with the City of DeKalb related to sales tax sharing. Then on September 24, 2018 the City of DeKalb passed the same IGA, but with the caveat that said IGA would not be effective until a subsequent IGA, the terms of which were to be agreed upon by the County Sheriff and the DeKalb Police Chief, was approved by the City and the County regarding public safety communication systems between the two bodies. Since that time, the DeKalb County Sheriff and the DeKalb City Police Chief have signed a Memorandum of Understanding addressing the lines of communication between their respective departments during emergency situations. The resolution before the County Board is to accept and endorse the MOU dated September 18, 2018 between the DeKalb County Sheriff and the DeKalb City Police Chief in fulfillment of the City of DeKalb’s request to have such an agreement between the two law enforcement entities and the County now encourages the City of DeKalb to similarly accept and endorse said Memorandum of Understanding as full and complete satisfaction of the contingency placed on the City’s Resolution #2018-129. It was moved by Mr. Plote, seconded by Vice Chairman Frieders and it was approved unanimously to forward the resolution to the full County Board recommending its approval.




CITY OF DEKALB TIF IGA Mr. Hanson explained that the City of DeKalb has written and offered an Intergovernmental Agreement (IGA) to the various taxing bodies that encompass their Tax Incremental Financing (TIF) Districts as a means to bring closure to the issue of possibly not spending all TIF monies in accordance with the intent of the State of Illinois TIF legislation. The IGA offers the various taxing bodies $11,250,000 to be shared proportionately to their tax levies that currently go into the TIF Districts. It further stipulates that the various taxing bodies will hold the City of DeKalb harmless for any and all matters of wrong-doing, will not demand an audit of funds, will support the boundaries of a proposed TIF #3, including the parcels of property that have already been developed with TIF funds, will not object to administrative expenses that are under the $2,500,000 (twenty-three year) cap in the new TIF #3, and will not require any pre-approval on proposed TIF projects before projects are considered by the City Council. Mr. Hanson additionally explained that the DeKalb County State’s Attorney has issued a letter of concern over the City of DeKalb’s past financial practices regarding TIF and has issued guidance to the City and the Joint Review Board for providing a complete accounting of the use of these public funds. Mr. Hanson continued that noting both the State’s Attorney’s letter and the County Board Chairman’s previous call for an audit, has expressed concern that the County’s passing of the IGA as offered by the City of DeKalb would compromise the public’s trust in local government and could foster a continuation of past practices. His recommendation in conjunction with Chairman Pietrowski and Vice Chairman Frieders to the County Board at this time would to be approve the proposed resolution before them that would state: NOW, THEREFORE, BE IT RESOLVED by the DeKalb County Board that the Intergovernmental Agreement presented by the City of DeKalb regarding their Tax Incremental Financing Districts is not approved as it is contrary to good public policy in that the basic premise of said Agreement is to pay public funds in exchange for ignoring a full accounting of the public’s money and to not hold individuals accountable for mismanagement of those funds; BE IT FURTHER RESOLVED that the DeKalb County Board does hereby call upon the City of DeKalb to publically, and voluntarily, commit to a forensic audit and return to the various taxing bodies any TIF funds that have been spent that was not in compliance with the law or that were not spent for the furtherance of TIF development projects for economic improvement, as well as suspending any activity regarding TIF District #3; BE IT FURTHER RESOLVED that the DeKalb County Board encourages other taxing bodies encompassed by the City of DeKalb TIF Districts to (1) take similar action to the County and not approve the proposed Agreement, (2) join the DeKalb County State’s Attorney and the DeKalb County Board in publically calling for a full and independent forensic audit of all TIF dollars, returning any misused funds, and (3) ask the City of DeKalb to suspend any action on the furtherance of establishing, or operating, the proposed TIF #3 District until a full accounting of TIF dollars is completed.




Chairman Pietrowski additionally provided his thoughts on the matter and noted how important transparency and accountability were important to governments, and although he is not looking to place the blame on anyone, things need to be done properly. Vice Chairman Frieders additionally commented that although it would be nice for the taxing bodies to receive the funds that are being proposed, public trust was more important and felt strongly on the City having an audit. He added that it is the right thing to do not only for now but for the future. It was moved by Mr. Frieders, seconded by Mr. Bagby and it was approved unanimously to forward the resolution to the full County Board recommending its approval. APPOINTMENTS The following appointments were recommended for approval:

a. Boone, DeKalb and Ogle County Extension Board: Roy Plote appointed for a two- year term beginning December 1, 2018 and expiring November 30, 2020. b. DeKalb County Rehab & Nursing Center Operating Board / Supportive Living Facility Board: Ferald Bryan and Jeff Whelan both reappointed for two- year terms beginning January 1, 2019 and expiring December 31, 2020. c. DeKalb County Sheriff’s Merit Commission: Todd Walker reappointed for a six-year term beginning December 1, 2018 and expiring November 30, 2024 d. Emergency Telephone Systems Board: Roy Plote reappointed for a two-year term beginning December 1, 2018 and expiring November 30, 2020. e. Kane, Kendall, DeKalb Counties Workforce Development Board: Matthew Johnson appointed to fill the unexpired term of Blake Henderson beginning October 1, 2018 and expiring September 30, 2020.

It was moved by Mr. Stoddard and seconded by Ms. Little to forward the recommended appointments to the full County Board for approval. The motion carried unanimously. APPROVAL OF THE COUNTY BOARD AGENDA Chairman Pietrowski next asked to go around the table and hear an update from all of the Committee Chairpersons on what their Committees had done at their last meeting together and/or what they are anticipating in the months to come. Ms. Leifheit, Chair of the Law & Justice Committee shared that the Committee has no actionable items this month but they received additional information from Director of Court Services Margi Gilmour and Supervisor Steve Sells regarding them receiving a federal grant from the U.S. Department of Justice – Bureau of Justice Assistance in the amount of $900,000 for the DeKalb County Opioid Dependency Diversion Program. Mr. Bagby, Chairman of the Economic Development Committee shared that the Committee received an update on the Business Incubator from Community Development Director Derek Hiland as well as reviewed the updated and final copy of an Intergovernmental Agreement between the County and the DeKalb County History Center which was unanimously forwarded to the full County Board with the recommendation to approve. The History Center is the planned new location for the Joiner History Room.




Mr. Brown, Chairman of the Forest Preserve Committee shared that the Committee is forwarding a Memorandum of Agreement to the full Board of Commissioners for the purchase of land in Kingston Township. Additionally pending a Special Meeting that is happening immediately following the Executive Committee, the Forest Preserve District will follow the County’s steps in denying the Intergovernmental Agreement with the City of DeKalb regarding their Tax Incremental Financing (TIF) Districts. Mr. Faivre, Chairman of the Planning & Zoning Committee shared that the Committee forwarded five Special Use Permit Ordinance for Solar Gardens to the full County Board and an Ordinance for a cable franchise agreement with Metronet. Lastly and importantly, the Committee has forwarded the Wind Farm Ordinance to the full County Board for their consideration. This has been an Ordinance that has been 18+ months in the making and one that is expected to bring in a large amount of public. Ms. Little, Chair of the Health & Human Services Committee shared that the Committee did not meet. Mr. Stoddard, Chair of the Finance Committee shared that the Committee did not meet. Mr. Plote, Chair of the County Highway Committee shared that the estimated amount of Township Bridge Program (TBP) funds programed for the construction of McNeal Road Bridge is $839,920.00. The County’s annual allocation averages around $164,000 per year. In order to construct this bridge as scheduled in 2020 the County will upfront the funds needed for this project and receive annual payments from the State through the TBP allocation until the County is made whole. The resolution the Committee forwarded to the Board is necessary to anticipate those funds in the amount of $639,858.00. Additionally, the Peace Road intersection with State Route 64 preliminary engineering is 85% complete and design engineering stands at 35%. The County is working with the City of Sycamore to secure the needed compensatory storage for this project. The preliminary engineering for Plank Road Safety project stands at 80% complete and design engineering at 60%. Chairman Pietrowski noted that the Ad Hoc Rules Committee had been meeting again and are forwarding numerous amendments to the Board rules and County Code. The County’s Personnel Policy has begun review of being revamped as well but that continues to be an ongoing issue. It was moved by Mr. Faivre, seconded by Vice Chairman Frieders and it was carried unanimously to approve the County Board Agenda and to forward it to the full County Board for approval. COUNTY ADMINISTRATOR’S REPORT Mr. Hanson presented the Committee with his County Administrator’s Report. He began by sharing on October 26th the Health Campus conducted an Active Shooter Training drill. The Campus was shut down in order to not alarm the public. Mr. Hanson noted that it was interesting but very important process and there was a debriefing that took place afterwards. The Public Building Commission approved the Nursing Home Expansion construction bids yesterday at $12,587,000. Between that and other soft costs the project will be very close to the

Executive Committee Minutes

November 14,2018Page 6 of 6

$15 million budget cap on that project. Additionally, because ofa City ofDeKalb zoning issue,the outdoor construction will be delayed.

The bids were accepted for the towers for the Sheriff's Digital Communication System. Thehope is that the concrete will be poured in a couple weeks for those towers.

Mr. Hanson also reiterated that Court Services received a large grant and Treatment Courtrecently received a grant which is great news for additional services but the down side that iscoming to light is space needs. What it all points out to is they are really going to have to starttaking a look at utilizing the shell space on the third floor of the Courthouse. That is possiblysomething the 2019 Board will need to look into.

Community Action is in need of a new Director. He and Ms. Cada are working on finding anentity that already has the structure in place to handle the administration of the grants.

Mr. Hanson lastly reminded everyone that November County Board will be the last meeting forfour of the County Board Members and everyone will be saying farewell to them. Also, theCounty Board Organizational Meeting will be on Monday, December and the CommitteeOrientation Night will be held onWednesday, December 12'*'.

Chairman Pietrowski announced and congratulated Mr. Gary Hanson on his 35 years of serviceto the County as of this day.

COUNTY BOARD MEETING LOCATION

Mr. Hanson shared that due to the large amount ofpublic that are anticipated to be attending theNovember County Board Meeting because of the Wind Farm Ordinance, the plan was to hold themeeting at the DeKalb County Farm Bureau. Although, the Farm Bureau had graciously agreedto hold the meeting at their facilities, Mr. Hanson reminded that this is the night beforeThanksgivingand wanted to ensure that the Board does want to move the location of the BoardMeeting.

The Committee unanimously agreed to keep with the plan to hold the November County BoardMeeting at the DeKalb County Farm Bureau Building.

EXECUTIVE SESSION

Mr. Plote moved to enter into Executive Session for the purpose of discussing CollectiveBargaining per 5ILCS 120/2(c)(2)at 8:03 p.m. Mr. Stoddard seconded the motion and itwas carried by a 9-0-0 roll call vote. Those voting yea were Mr. Bagby, Mr. Brown, Mr.Faivre, Mr. Frieders, Ms. Leifheit, Ms. Little, Mr. Plote, Mr. Stoddard, and ChairmanPietrowski. No Members were opposed and no Members were absent.

The Committee entered back into their Open Meeting at 8:12p.m. No action was taken.

ADJOURNMENT

It was moved by Mr. Stoddard, seconded by Ms. Little and it was carried unanimously toadjourn the meeting at 8:14 p.m.

Chairman Mark Pietrowski TashYSims^Recording SecretaryNote: These minutes are not official until approved by the

Executive Committee at a subsequent meeting. Please refer to the meetingminutes when these minutes are approved to obtain any changes to these minutes.

RESOLUTION R2018-64

WHEREAS, the Office of the State’s Attorneys Appellate Prosecutor was created to provide services to State’s Attorneys in Counties containing less than 3,000,000 inhabitants, and WHEREAS, the powers and duties of the Office of the State’s Attorneys Appellate Prosecutor are defined and enumerated in the “State’s Attorneys Appellate Prosecutor’s Act”, 725 ILCS 210/1 et seq., as amended, and WHEREAS, the Illinois General Assembly appropriates monies for the ordinary and contingent expenses of the Office of the State’s Attorneys Appellate Prosecutor, one-third from the State’s Attorneys Appellate Prosecutor’s County Fund and two-thirds from the General Revenue Fund, provided that such funding receives approval and support from the respective Counties eligible to apply, and WHEREAS, the Office of the State’s Attorneys Appellate Prosecutor shall administer the operation of the appellate offices so as to Insure that all participating State’s Attorneys continue to have final authority in preparation, filing, and arguing of all appellate briefs and any trial assistance, and WHEREAS, the Office of the State’s Attorneys Appellate Prosecutor and the Illinois General Assembly have reviewed and approved a budget for Fiscal Year 2019, which funds will provide for continued operation of Office of the State’s Attorney Appellate Prosecutor. NOW, THEREFORE, BE IT RESOLVED that the DeKalb County Board, in regular session, this 21st day of November, 2018 does hereby support the continued operation of the Office of the State’s Attorneys Appellate Prosecutor, and designates the Office of the State’s Attorneys Appellate Prosecutor as its Agent to administer the operation of the appellate offices and process said appellate court cases for this County. BE IT FURTHER RESOLVED that the attorneys employed by the Office of the State’s Attorneys Appellate Prosecutor are hereby authorized to act as Assistant State’s Attorneys on behalf of the State’s Attorney of this County in the appeal of all cases, when requested to do so by the State’s Attorney, and with the advice and consent of the State’s Attorney prepare, fil, and argue appellate briefs for those cases; and also, as may be requested by the State’s Attorney, to assist in the prosecution of cases under the Illinois Controlled Substances Act, the Cannabis Control Act, the Drug Asset Forfeiture Procedure Act and the Narcotics Profit Forfeiture Act. Such attorneys are further authorized to assist the State’s Attorney in the State’s Attorney’s duties under the Illinois Public Labor Relations Act, including negotiations thereunder, as well as in the trial and appeal of tax objections. BE IT FURTHER RESOLVED that the Office of the State’s Attorneys Appellate Prosecutor will offer Continuing Legal Education training programs to the State’s Attorneys and Assistance State’s Attorneys. BE IT FURTHER RESOLVED that the attorneys employed by the Office of the State’s Attorneys Appellate Prosecutor may also assist the State’s Attorney of this County in the discharge of the State’s Attorney’s duties in the prosecution and trial of other cases, and may act as Special Prosecutor if duly appointed to do so by a court having jurisdiction. BE IT FURTHER RESOLVED that if the Office of the State’s Attorneys Appellate Prosecutor is duly appointed to act as a Special Prosecutor in the county by a court having jurisdiction, this county will provide reasonable and necessary clerical and administrative support. BE IT FURTHER RESOLVED that the DeKalb County Board hereby agrees to participate in the service program of the Office of the State’s Attorneys Appellate Prosecutor for Fiscal Year 2019, commencing December 1, 2018, and ending November 30, 2019, by hereby appropriating the sum of $24,000.00 as consideration for the express purpose of providing a portion of the funds required for financing the operation of the Office of the State’s Attorneys Appellate Prosecutor, and agrees to deliver the same to the Office of the State’s Attorneys Appellate Prosecutor on request during the Fiscal Year 2019. PASSED AND ADOPTED BY THE COUNTY BOARD OF DEKALB COUNTY, ILLINOIS THIS 21ST DAY OF NOVEMBER, 2018.

ATTEST: SIGNED:

______________________________ ________________________________

Douglas J. Johnson Mark Pietrowski, Jr. DeKalb County Clerk County Board Chairman

DRAFT

RESOLUTION R2018-65

WHEREAS, 23 USC Section 134, and Section 1203 of the Transportation Equity Act for

the 21st Century (TEA-21) require that each urbanized area with a population of 50,000 or more, as a condition to the receipt of Federal capital or operating assistance for transportation, have a continuing, cooperative and comprehensive transportation planning process that results in plans and programs consistent with the comprehensively planned development of the urbanized area; and

WHEREAS, in Article VII, Section 10A of the Constitution of the State of Illinois and the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., enable parties hereto to enter into agreements among themselves and provide authority for intergovernmental cooperation; and

WHEREAS, the DeKalb-Sycamore Area Transportation Study (DSATS) was created in 2003 through a Cooperative Agreement between the City of DeKalb, the City of Sycamore, DeKalb County, the Board of Trustees of Northern Illinois University, and the State of Illinois, which designated the City of DeKalb as the Lead Agency; and

WHEREAS, the DSATS Cooperative Agreement was revised in 2011 which added the Town of Cortland; and

WHEREAS, the DSATS desires to change the Lead Agency from the City of DeKalb to the County of DeKalb; and

WHEREAS, the Policy Committee of the DSATS has committed to continue to update the Cooperative Agreement and the Bylaws. NOW, THEREFORE, BE IT RESOLVED, that the DeKalb County Board hereby approves amendments to the DSATS IGA, where “City of DeKalb” will be changed to “County of DeKalb” in Article III A and “City Manager of the City of DeKalb” will be changed to “County Administrator of the County of DeKalb” in Article VIII A of the Cooperative Agreement, thereby allowing DeKalb County to become the lead (fiscal) agent for DSATS as of January 1, 2019. PASSED THIS 21ST DAY OF NOVEMBER, 2018 AT SYCAMORE, ILLINOIS ATTEST: SIGNED:

________________________ _________________________ Douglas J. Johnson Mark Pietrowski, Jr., Chairman DeKalb County Clerk DeKalb County Board

DRAFT

RESOLUTION #________

WHEREAS, the City of DeKalb has written and offered an Intergovernmental Agreement (IGA) to the various taxing bodies that encompass their Tax Incremental Financing (TIF) Districts as a means to bring closure to the issue of possibly not spending all TIF monies in accordance with the intent of the State of Illinois TIF legislation, and

WHEREAS, said IGA offers the various taxing bodies $11,250,000 to be shared proportionately to their tax levies that currently go into the TIF Districts, and

WHEREAS, the IGA further stipulates that the various taxing bodies will hold the City of DeKalb harmless for any and all matters of wrong-doing, will not demand an audit of funds, will support the boundaries of a proposed TIF #3, including the parcels of property that have already been developed with TIF funds, will not object to administrative expenses that are under the $2,500,000 (twenty-three year) cap in the new TIF #3, and will not require any pre-approval on proposed TIF projects before projects are considered by the City Council, and

WHEREAS, the DeKalb County State’s Attorney has issued a letter of concern over the City of DeKalb’s past financial practices regarding TIF and has issued guidance to the City and the Joint Review Board for providing a complete accounting of the use of these public funds, and

WHEREAS, the DeKalb County Executive Committee, noting both the State’s Attorney’s letter and the County Board Chairman’s previous call for an audit, has expressed concern that the County’s passing of the IGA as offered by the City of DeKalb would compromise the public’s trust in local government and could foster a continuation of past practices;

NOW, THEREFORE, BE IT RESOLVED by the DeKalb County Board that the Intergovernmental Agreement presented by the City of DeKalb regarding their Tax Incremental Financing Districts is not approved as it is contrary to good public policy in that the basic premise of said Agreement is to pay public funds in exchange for ignoring a full accounting of the public’s money and to not hold individuals accountable for mismanagement of those funds;

BE IT FURTHER RESOLVED that the DeKalb County Board does hereby call upon the City of DeKalb to publically, and voluntarily, commit to a forensic audit and return to the various taxing bodies any TIF funds that have been spent that was not in compliance with the law or that were not spent for the furtherance of TIF development projects for economic improvement, as well as suspending any activity regarding TIF District #3;

BE IT FURTHER RESOLVED that the DeKalb County Board encourages other taxing bodies encompassed by the City of DeKalb TIF Districts to (1) take similar action to the County and not approve the proposed Agreement, (2) join the DeKalb County State’s Attorney and the DeKalb County Board in publically calling for a full and independent forensic audit of all TIF dollars, returning any misused funds, and (3) ask the City of DeKalb to suspend any action on the furtherance of establishing, or operating, the proposed TIF #3 District until a full accounting of TIF dollars is completed.

PASSED THIS 21ST DAY OF NOVEMBER, 2018 AT SYCAMORE, ILLINOIS

ATTEST: SIGNED:

________________________ _________________________ Douglas J. Johnson Mark Pietrowski, Jr., Chairman DeKalb County Clerk DeKalb County Board

To be Considered by the County Board on November 21, 2018

DRAFT

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