Five reasons to slow down expansion plans for DeKalb’s in-house administrative hearings

There’s city council support for a Committee of the Whole meeting to air issues with the city attorney’s project to expand the types of ordinance violations the city will hear in-house. I think the CoW is going to happen, and I’ll keep you posted.

If so, it’s an excellent development, and shows council’s responsiveness to constituents’ concerns. Perhaps we’ll soon see the end of the pattern of staff’s working on pet projects in secret, then bursting onto the scene in create-a-crisis mode.

Here are five considerations for discussion.

1. The circuit court’s deadline does not have to be our deadline. If the court decides to conduct its ordinance violations process at the courthouse instead of city hall as of July 1, then people will have to travel to Sycamore for a while. If the court changes the day of the week that it conducts the hearings, people will have to change their calendars. These logistical inconveniences are not good enough reasons to risk errors. To get the ordinances right, we need to set our own pace.

2. This is the city manager’s job. It’s the city manager who oversees DeKalb’s administrative hearing procedure, via appointments to the city’s ordinance enforcement division. The new manager should have an opportunity to provide his or her perspective, including an opinion on the scope of the program. We also have no idea so far about the financial consequences of adding permanent staff, not to mention our continually increasing dependence on punishing people to fill budget holes.

3. We must eliminate the appearance of conflicts of interest. Why is the city attorney driving this initiative? It feeds the perception that he is the de facto city manager, and also that he is serving his own interests by expanding his role. This project must not proceed until he is put back, and seen to be put back, into his proper place in the organization. Continue reading Five reasons to slow down expansion plans for DeKalb’s in-house administrative hearings

County support of Frieders’ initiative?

So as we were saying the other day, DeKalb city attorney Dean Frieders made a pitch for in-house adjudication of local ordinance violations via administrative hearings.

To be clear, DeKalb already does administrative hearings, but it’s limited to violations related to the administrative towing ordinance, parking citations, and city-issued licenses. So what we’re talking about is an expansion in what DeKalb would handle itself, as opposed to using the circuit court process.

Frieders said the chief circuit court judge and state’s attorney support the changes. I’m sure that’s true and it’s fine. These officials get to run their offices the way they see fit. But county board members contacted by citizens since the presentation, including members of the Law and Justice Committee, hadn’t heard of it. They should have, because budgeting. Continue reading County support of Frieders’ initiative?

The hidden agenda item

At the end of last week’s council meeting in DeKalb, city attorney Dean Frieders presented an argument for in-house adjudication of ordinance violations. Currently, DeKalb conducts administrative hearings on very minor ordinance violations at city hall once a week as an administrative branch of the circuit court. Frieders’ plan would detach DeKalb from the county-level judiciary, and DeKalb would handle more types of ordinance violations than it does now.

This would be major, right? You could reasonably expect the changes to affect ordinances, staffing and budget, with impacts to individuals and businesses. Yet the item did not appear on the agenda for the meeting, because Frieders made the pitch during the part of the meeting listed as “Reports – Communications” (“Reports”).

“Reports” does not individually specify what to expect, because nobody knows. It’s essentially a “Good of the Order” that involves non-actionable items such as announcements, updates and general comments on the conduct of city business.

Doing it this way also provides no opportunity for public comment.

So what you wouldn’t expect is use of “Reports” to introduce a major initiative as if it were a routine progress report on a course of action already publicly approved. Yet that appears to be what happened. I’ve talked to at least a half-dozen fellow city watchers and nobody remembers any public discussion of in-house adjudication. It’s also not on any city agenda posted this year that I can find.

Where this item actually belonged, then, was “New Business,” with its own subject line and its own explanatory memo stuffed into the backup packet. People actually do skim city agendas to find and research items of importance, and in this case they couldn’t because it wasn’t there.

I have no firm idea why they did it this way, but transparency it ain’t. Continue reading The hidden agenda item

We don’t need a code enforcement SWAT team

DeKalb city council will discuss its condemnation procedures at committee of the whole Tuesday, May 29, beginning 5 pm. Proposed changes are here.

What I like about the proposal are the addition of follow-up steps: to gather contact information on residential tenants for ongoing notification purposes, and to assist evacuees to relocate.

One thing that council should not do is put the contrived “emergency condemnation” procedures on the books. What went wrong with the last condemnation is not that current procedures are inadequate, but that the city didn’t follow them. When inspectors found problems with Lord Stanley’s last fall, they should have re-inspected them, warned them, penalized them, called in the county, and notified everybody properly. They did none of these things. Instead, the city ambushed them with what looks now to have been a fake emergency. The fiasco was a standout for its utter lack of due process, and to put a seal of approval on this invention of “emergency condemnation” would only encourage future abuses.

Even to consider a rewrite of these codes is bizarre. DeKalb has adopted the International Building Code for handling these matters. What’s good enough for the rest of the country will work for us if we follow it.

The Hooplah in Elmhurst

hooplah buttonsSometimes it helps perspective to check out what other communities are doing. DeKalb’s not the only municipality with code enforcement that sometimes looks inconsistent or arbitrary. I’ve been following such a story in Elmhurst for more than a year.

A documentary about the Elmhurst controversy is titled “Hooplah” and residents have adopted the same name for their activities, which primarily involve support for a hoop house ordinance but also end up contributing to the larger cause of good governance.

A hoop house is a passive-solar sheltering structure that helps a gardener extend a growing season. It functions kind of like a greenhouse, except that it is a temporary structure that does not have a foundation, and uses flexible plastic sheeting over plastic or metal “hoops” instead of rigid walls.

nicoles hoop house

Here are two examples of hoop houses. The one above is gone, because City of Elmhurst made the owners take it down after a couple of months. The one below, also in Elmhurst, has reportedly stayed put continuously for 10 years. What’s the difference: size, anchorage, lot coverage? Nobody knows. Guidelines and requirements don’t exist — not yet anyway.

a neighbors permanent hoop house

Hooplah started when Nicole Virgil and her family decided to take their raised-bed organic gardening to the next level by growing as close to year-round as possible. The plan involved assembling a hoop house in the fall and taking it down in the spring. It is something they assumed was an accessory structure to gardening as is, say, a shed. But then a neighbor complained about it, and City of Elmhurst forced the Virgils to take it down in February 2017. Continue reading The Hooplah in Elmhurst

Prevailing wage verification is up to us

Perhaps you’ve seen the big inflatable rat downtown, or read the article published by the Daily Chronicle that explained the current union protest of John Pappas’ hiring of nonunion painters to finish the Cornerstone development project.

The reporter didn’t say whether he confirmed nonunion hires, though the union seems sure. Legally there’s nothing wrong with hiring nonunion, as long as the developer pays prevailing wage since he is receiving public money for the project.

A rep for the union has told me they are looking into potential prevailing wage issues.

To be clear, if Mr. Pappas is using nonunion labor, it doesn’t automatically mean he is not paying the workers prevailing wage. However, since hiring nonunion is one way to save money, to me it’s a good enough reason to verify the payroll. In fact, as far as I’m concerned, we have three million reasons, the amount of the TIF development incentive, to verify that Mr. Pappas is satisfying the conditions of his contract with City of DeKalb.

Just don’t ask the city to check up on him. Continue reading Prevailing wage verification is up to us

Will DeKalb learn from the departure of Tinez Tacos?

tinez tacos in maltaLast weekend I found out that the owners of the Tinez Tacos food truck have worked out a parking spot in Malta, and will serve from 11am to 7pm weekdays this summer at Hickey’s Corner Store.

If comments at the City Barbs Facebook group are any indication, residents of DeKalb wish them well in their new location. They’ve obviously picked up local goodwill.

City of DeKalb, though, not so much.

If you haven’t been following this story, it’s about the Tinez folks’ mobilizing toward more affordable options, since DeKalb charges monthly license fees that bear no relation to reasonable administrative costs. The city also collects sales taxes — our home-ruled restaurant/bar tax pushes taxes to 10% of a tab — so the ongoing fees are double-dips, too.

The question is whether the city will get a handle on the greed, ineptitude, and/or hostility that this money-grubbing behavior represents. With an improved city council and a pending change of city manager, it’s possible. Unfortunately, staff members so far are busily playing the victim in the story. Continue reading Will DeKalb learn from the departure of Tinez Tacos?

Mayor Smith’s first year

Daily Chronicle offered a recap today of DeKalb Mayor Jerry Smith’s first year as mayor. It’s refreshing to find myself in agreement with much of the assessment of the current situation, though I still have serious concerns.

“I think most citizens are pretty much aligned with what we as a council are trying to do by being the most efficient and frugal government we can,” Smith said. “I hope that nobody looks at my first year and thinks we aren’t responsive.”

In my opinion, we have the most responsive and inclusive city council this town has seen in years.

“I realize there’s still a sector of the community that doesn’t trust what goes on with the City Council, and in some cases that’s fairly and rightfully so,” [First Ward Alderman David] Jacobson said. “But based on the last few years, I believe this group we have now, including Jerry, not only care about the community but are willing to work collaboratively and focus on the issues to make some really positive headway.”

Yep. Overall, that’s how I see it, too.

That was put to the test when the city unexpectedly condemned Lord Stanley’s Bar and Annex, 142 E. Lincoln Highway, and Common Grounds, 150 E. Lincoln Highway, because of structural concerns in April.

Smith took responsibility for the actions that were taken and admitted that the situation was handled “very, very poorly.”

Here’s where they lose me. Continue reading Mayor Smith’s first year

Sycamore food trucks are lucky trucks

City of DeKalb and the Daily Chronicle are still batting around the food truck issue, which is about whether DeKalb’s regulations and fees are reasonable.

Well, you tell me. Sycamore charges a fee to cover the cost of the initial background check plus $50 per year for the license. DeKalb requires a background check fee, a $25 application fee, and a $50 per month license fee — and that’s not all.

A separate application and license shall be required for each person who is more than a 20% owner of the enterprise operating the food or beverage vending vehicle, for each person driving or operating the food or beverage vending vehicle within the corporate limits of the City, and for each person working in or vending from the food or beverage vending vehicle within the corporate limits of the City.

DeKalb should just ban food trucks here. It would be a whole lot simpler, and more honest, than cranking up the fees and red tape to drive them to our neighboring city.

Food Truck Roundup

Not everybody treats food trucks the way DeKalb treats food trucks. Some communities embrace them. Here’s what I found in 10 minutes for 2018.

May 5: Food truck rally in Yorkville.

May 6: Food truck festival in Aurora.

May 19: Food truck rally in Streator.

May 29: Food truck rally in Urbana.

June 9: Food truck festival in Peoria.

Alton, Chicago, Oswego, Romeoville, and Woodstock will all hold celebrations specific to food trucks this year. Not to mention other events, such as school fundraisers and craft beer festivals, that routinely welcome them.