Alderman Marquardt is so very tired of you spoiled NIU students

Monday night, DeKalb’s city council members wrestled with proposed parking restrictions in neighorhoods adjacent to campus. Except for Ald. Mike Marquardt, who lost a wrestling match with his tongue.

At a local town hall meeting a few years ago, an audience member who pays attention to such things said the DeKalb-NIU relationship might be a “communiversity” but could fairly be considered a “commuterversity” as well.

Many of the “spoiled” students drive in from other neighborhoods and communities every day to attend NIU.

Many of the “spoiled” students have to go to work before and/or after class.

Many of the “spoiled” students drive because it keeps them safer from assault or worse.

And while I’m at it: These days, some students live in their cars.

Next time that little voice tells you to hold your tongue, Ald. Marquardt, perhaps you should listen, even if you have to bite it.

We’ll soon see what this council is made of

***Updated 6pm: Check out the city attorney’s “blooper” during last evening’s meeting when he explained why he advised the mayor to adjourn the meeting before council could vote on the matter at hand. I’ve placed a video clip of it at the end of this post, or you could click here for the clip and to comment on Facebook. ***

DeKalb’s city council violated the Illinois Open Meetings Act (OMA) yesterday. It was a violation because the city scheduled a special meeting for Good Friday, which is a legal holiday in this state. Specifically, OMA says this:

Sec. 2.01. All meetings required by this Act to be public shall be held at specified times and places which are convenient and open to the public. No meeting required by this Act to be public shall be held on a legal holiday unless the regular meeting day falls on that holiday.

You can easily find several state departments and offices where Good Friday is not observed, and obviously City of DeKalb doesn’t observe it. Doesn’t matter. If a statute establishes it as a holiday, it’s a legal holiday and you have to watch out for OMA.

And unlike meetings where you could goof up an OMA rule but then save your public body by not taking action (i.e., not actually voting on anything), the legal holiday rule says you can’t even hold the meeting without committing a violation.

I attended yesterday in order to congratulate the council on making a major change in management, to express my understanding of the huge undertaking in finding a new city manager, and to point out that the vacuum created by a city manager’s exit has led to major overspending in the past. Continue reading We’ll soon see what this council is made of

DeKalb playing favorites with the bandit in the castle

Cohen Barnes owns a building in downtown DeKalb under the name “The Bandit’s Castle, LLC.”

So he’s a bandit who bought a castle. Is this like the tv shows where the psychos leave little clues of their crimes? The imagination runs wild.

The thing with bandits is that, by definition, they belong to gangs. This is more or less what we saw last night, with City of DeKalb enabling Mr. Barnes to return to council to grab more TIF money since his rehab job on the Castle, for which he obtained a development incentive of $400,000 last spring, has hit a snag.

What’s the snag? Nobody anticipated that a 100-year-old building could have water damage and asbestos. No inspection was done, and no money for contingencies was set aside. It’s municipal malpractice, is what it is.

But due diligence doesn’t matter, because the city checkbook is simply always open for Mr. Barnes.

Many thanks go out to Aldermen David Jacobson and Mike Verbic, who voted against the double dipping. (Alderman Pat Fagan recused himself.)

Y’all folks in the Third, Fifth, and Seventh wards have a year to find replacements.

Noreiko worries about frozen pipes, just not yours

I’m still digesting the DeKalb city council’s goal-setting session from earlier this week.

The alderman from the Fifth Ward, Kate Noreiko, was pushing to build a new DeKalb Municipal Building instead of renovating the one we have. She says she thinks it’s unsafe, though she provided no foundation for this belief.

Part of Noreiko’s argument was that, if the pipes there freeze and burst, what would city workers do?

Hold that thought for a moment. I want to introduce another goal council members talked about evening, which was emergency operations planning. During that discussion, Noreiko wanted to address active shooter situations.

My mind went back to frozen pipes, because we don’t have SWAT teams for that.

Last month, 30,000 Com Ed customers in Kane, Will, and Kendall counties lost power during one of the days of extreme cold we had. Fortunately, the outage lasted only two hours. Continue reading Noreiko worries about frozen pipes, just not yours

DeKalb can become “business friendly” when this city manager is gone

DeKalb city council had another goal-setting session Tuesday evening.

It was a good session, as was last month’s, but at one point I had to laugh, and it was during the perennial make-DeKalb-more-business-friendly discussion.

I dearly wish more council members truly understood that friendliness is impossible under city manager Anne Marie Gaura. Unless you are one of a favored few, you run into a culture that not only disregards the basic tenets of good service, but systematically finds ways to make the going harder.

Alderman David Jacobson tried to explain this again Tuesday. He talked about “the hoops you have to jump through, and the games you have to play” as a local business owner.

Likewise, I’ve become an expert in the travails of the general public, and the latest example involves council’s establishment of a state-mandated “TIF interested parties registry” for the proposed new downtown TIF district. The TIF Redevelopment Act only requires that the city adopt “reasonable registration rules,” which this crew took as an opportunity to create something decidedly unfriendlier than what came before. Continue reading DeKalb can become “business friendly” when this city manager is gone

Mayor’s statement about DeKalb Public Library’s tax promises

Mayor Smith came out this week in support of calls for DeKalb Public Library to keep its 2015 promises to repay taxpayers, and says he is confident the DKPL board “will do the right thing.”

Related:

DeKalb County Online: DeKalb Public Library and its property tax promises

City Barbs: Going deeper on DeKalb Public Library’s expansion and promises

DeKalb County Online: Something’s missing from discussions of DeKalb Public Library’s property tax levy

City of DeKalb does not want you to come to this meeting

Tonight is a special meeting of the DeKalb city council. Unlike all other council meetings, this meeting will not be recorded on video. That’s because the city does not know how to video-record meetings outside of council chambers, and council is not meeting in chambers tonight, even though this is the only city meeting scheduled.

Instead, they’re holding it in the Bilder room at DeKalb Public Library. I understand that the Bilder room holds about 30 people. If true, it’s a potential problem, because it’s a committee of the whole meeting, where the number of participating city staff will likely outnumber the council members, and leave — maybe — seating for only about 15 members of the general public.

If more people show up than the room can reasonably hold, that’s an Open Meetings Act violation.

The venue makes no sense.

The vague agenda item is also questionable when it comes to OMA: “Goal-setting session.” That’s it. Fortunately, staff were a little less lazy about putting together the agenda packet for the finance advisory committee (whose meeting has been rescheduled for January 30, FYI) so I’m able to share more. The memo to FAC says this:

On January 24, 2018, the City Council will hold a Goal Setting Session to determine what goals they want to accomplish in 2018. As part of that session, the Council would be asked to identify short-term and long-term goals. Specifically, goals or projects they would like to address in the next one to two years would be identified. This would determine what subject areas Council wants staff to focus their time on and could impact the current and future budgets. Council will be asked to identify the broad outcomes to be accomplished in the next 18 months to three-and-a-half years.

But that’s not all. I’ve attended several planning sessions over the four years of city manager Anne Marie Gaura’s tenure. She is incapable of hiding her hostility toward us. They place the tables in an enclosed rectangle so the audience is facing people’s backs, and between this unfortunate positioning and their failure to use microphones, what you hear is dependent on the projection skills of each individual. Meanwhile, the audience has to wait an average of four hours for a chance to speak to its representatives, after all the decisions have been made.

It’s sketchy. Unacceptable. A 100% shut-out in every meaningful way.

Which is exactly why you should attend if you can.

Sorry, Mayor Smith. DeKalb’s city attorney works for the city manager, not you

Sometime during the six-hour-long regular city council meeting last Monday, the mayor asserted that the city attorney works for the city council. This is incorrect information, and the real story must be understood NOW to help people understand why the city might have just placed potential litigation with the county on the table.

Exhibit A: DeKalb’s organizational chart (from the proposed fiscal 2018 budget).

If the city attorney worked for city council, he’d show up in a relationship to city council. But he doesn’t. The city attorney is a contractor who — as all contractors do at this point — work for city manager Anne Marie Gaura. And let me tell you, it’s a very close working relationship. Continue reading Sorry, Mayor Smith. DeKalb’s city attorney works for the city manager, not you

Reasons to allow the city manager’s contract to expire

City council is expected to vote tonight on a resolution to “amend” city manager Anne Marie Gaura’s employment agreement, which currently expires at the end of this year.

My main concern with the vote itself is that it involves the removal of the expiration date from the contract, even though the DeKalb Municipal Code says the city manager “shall serve and hold office for a term of office specified by virtue of an employment agreement.” For this reason alone, I urge a “no” vote on the resolution.

But there are performance issues as well. Here are some of the major ones, in my opinion.

1. Failure to cooperate with, and render assistance to, elected officials. These are responsibilities required by the Municipal Code (3.08(b)). Yet Gaura deprived city clerk Liz Cliffe Peerboom of the basic tools of the job, including a desk and computer. She has also failed to comply with city council members’ requests for financial information, and brazenly ignored a residency requirement in recruiting an IT director.

2. Inability to produce a budget that covers the basics. Gaura has presented budgets that always include new hires to her inner circle at the expense of other needs. Our five-year outlook is so grim that finance advisory committee members have pledged to keep working on the fiscal 2018 budget into fiscal 2018, in order to try to make adjustments that will nudge the trajectory into more solvent territory. DeKalb has also struggled with deficiencies in internal accounting controls during Gaura’s tenure, according to the city’s auditors.

3. Damaged relations with residents, business people, and even another unit of local government. In a series of unforced errors, Gaura has had to walk back actions that took the community by surprise. The unlawful assembly and commercial inspection ordinances, for example, popped up on council agendas without previous community discussion and caused a great deal of dismay and distrust, not to mention the resources wasted in having to go back to the drawing board.

4. Inability or unwillingness to rein in staff. Gaura’s failure to set boundaries with her administrative team has allowed a range of unprofessional behavior, from the city attorney’s inappropriate participation in policy discussions, to the FOIA officer’s calling citizens liars with impunity. Staff do not even pretend at professional objectivity anymore, but rather have become a sales team for pet projects. They engage in hard-sell tactics and sometimes lie to get their way.

We can do better, DeKalb.

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Handling of DeKalb city manager’s contract renewal is an ugly bit of manipulation — and inconsistent with the ordinance as well

Anne Marie Gaura’s employment agreement with City of DeKalb expires at the end of 2017. That is, it expires unless a resolution presented as a contract “amendment” gets passed by city council on Monday.

They’ve placed the item as a resolution to amend the employment agreement on Monday’s council meeting agenda. But it is not just an amendment to DeKalb’s contract with Anne Marie Gaura. It is a renewal, because the amendment removes the expiration date from the contract.

And removal of the expiration date clearly goes against Chapter 3 of the DeKalb Municipal Code, which says this:

Appointment and Removal. The City Manager shall be appointed by the Mayor and Council voting jointly. The City Manager shall serve and hold office for a term of office specified by virtue of an employment agreement.

If you believe the people of DeKalb deserve an up-or-down vote on a contract renewal that includes the legally mandated term of office, please share your views with council members.