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HomeMy WebLinkAboutMinutes 2000MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: DRAFT - NOT APPROVED CITY COUNCIL HUMAN SERVICES COMMITTEE Thursday, January 6, 2000 Civic Center - Room 2402 7:30 P.M. Aldermen Feldman, Moran, and Newman Aldermen Kent and Rainey Harvey Saver, Joyce Thomas, Frank Kamimski, Doug Gaynor, Kathleen Brenniman, Jay Terry, Audrey Trotsky OTHERS PRESENT: Fred Wittenberg, Junad Rizki, Mimi Petersen.. Doraine Anderson, Susan Cooney, Evanston Garden Council; Tony Kelly, Arts Council; Marie Vesely, Jan Kiingberg, Connections for the Homeless; Joan Lancaster, Kattrl Shearer, Infant Welfare Society; Sandi- Johnson, Alexander Brown, Evanston/Skokie Valley Senior Services; Suzanne Auburn, Youth Job Center; Sandra Stumme, Metropolitan Family Services PRESIDING: Alderman Feldman t. CALL TO ORDER Alderman Feldman called the meeting to order at 7:313 p.m. 11. APPROVAL OF MINUTES: MEETING OF DECEMBER 6,1999 The minutes of the December 6, 1999 meeting were unanimousiv approved (3-01 without correction. III. STATEMENT BY FRED WITTENBERG, EVANSTON RESIDENT, RE: LEAF BLOWER ORDINANCE Mr. Wittenberg stated he was attempting to pursue the Leaf Blower Ordinance. In his efforts to do so he has written letters to Alderman Feldman and the City Manager, and has attended Environment Board meetings. He sees there is an effort within the City to clean up the air, control emissions, and keep contamination to a minimum. Mr. Wittenberg is an environmentalist, a graduate licensed engineer, and retired from thirty -years of municipal governmental service in the Chicagoland area. He has been told that the City does not have an environmental person and he would like to offer his services in that effect as there are a lot of things he can do for the City, which he has experience with, that has not been done. Alderman Feldman said he knows the Leaf Blowing Ordinance issue is something the City has been working on for some time and asked Mr. Wittenberg to give some brief comments on what he perceives the situation to be. Mr. Wittenberg said he has seen the report prepared by Linda Lutz of the Ecology Center and from the get go objected to this since the law was enacted in 1996 and first initiated the summer of 1997. For the past three summers he has not seen any landscaper that has not used this, which would make them all non- compliant with the City. Mr. Wittenberg said he has made personal attempts to call the police department, but he feels that was not the proper body to address. The police would appear forty-five minutes later after the landscapers were long gone. This problem not only causes noise, but also pollution comes into the house, as there is no control on this type of equipment. Page 1. Iq Alderman Newman commented, when this ordinance was discussed and pasted one of the main issues was haw it was going to be enforced, specifically whether the police department eras going to be able to enforce this ordinance. The police department receives 60,000 calls a year and his uroderstanding was they will have to prioritize how they respond to certain cats which would explain why Mr_ Wittenberg does not get an immediate response to his calls to the department. Alderman Feldman asked Mr. Wittenberg if he is suggesting that if the police department is no, the proper enforcement agency he has an idea who should be the proper enforcement agency. Mr. Wittenberg responded. the City inspectors, he knows this eras a low priority with the police department as the police have far more important functions than to chase tr:s type of action. However, if a law is enacted and is not enforced then we're spinning our wheels. One of h: s stands is to better insure more control these landscacers should be licensed. Alderman Newman suggested that this committee receive a report from the City %tanager's office as to how many tickets in violations have been written in regard to the ordinance along with a comment from the City Manager's office as to their knowledge of how this ordinance is being enforced and whether or not it is effective and should be brought back to this committee for discussion. Alderman Feldman was in agreement with Alderman Newman's suggestion and added it should be combined with a report from the Environmental Commiss•�on and this information should be sent to Mr. Wittenberg. Once this information is received the Human Services Committee will be happy to have Mr. Wittenberg attend a meeting and discuss this issue. Alderman Newman suggested Mr. Wittenberg apply to become a member of the Environment Cor'trol Board to which Mr. Wittenberg said he would rather offer his services as he wants to ensure whether somebody who is in command can see what is generated by the Environment Board and if this is going nowhere it is truly a waste of time. Alderman Feldman thanked Mr. Wittenberg for his attendance. IV. CONSIDERATION OF A REQUEST TO APPROVE THE 2000 EVANSTON GARDEN FAIR Susan Cooney, Evanston Garden Council, said for those not familiar with and to refresh the memories of others about he Garden Fair, the City of Evanston collects real estate taxes and maintains a number of parks with the park district portion of those taxes. At the same time every flower you see in every park in town is put there by a member of one the six garden clubs in Evanston. They either pay for it, or install it and maintain it, because our park district employees cut grass and trim bushes. they do not plant flowers or do much weeding. In order to support this these people have a garden fair wf--ere they sell plants to members of the community in two locations, as they have done in the past two years and hope to again do this year. at Raymond Park and Independence Park_ Tents are set up, where they tring in the plants that are sold to them at wholesale prices enabling them to sell them at retail prices to Evanston residents. They instruct buyers how to keep their properties looking good and introduce some plants that can grow well here in Evanston. In fact they go into their own gardens, dig up plants, subdivide ti-em and when you buy them ycu know they are actually local plants being transplanted around town. As a part of education children are brought in to paint little pots for the plants which gets the children involved. This is the first festival in Evanston when the entire community is brought together. One of the things the City has always done is to bring electricity to run power to the tents to serve sloppy joes and coffee to make it an enjoyable event for the community. The City also has the sanitation workers clean up afterwards The Garden Club is hoping the City will again make their contribution and assist them in raising the funds they need to bring some beauty to the various parks and are again asking for the City's help in they year 2000 which will be their 50"' anniversary working together with the City Alderman Feldman thanked Ms. Cooney for her presentation. Alderman Newman indicated his positive vote was conditioned upon the Sanitation Department conducting an evening clean up following he last day of the fair. Alderman Moran moved for approval of the 2000 Garden Fair, motion seconded by Alderman Newman., Motion unanimously approved (3-0). Page 2. FV. CONSIDERATION OF A REFERENCE TO ESTABLISH A YOUTH COURT Mr. Terry announced that Alderman Bernstein asked that this item be withdrawn for the tirne being. This was a project worked on and negotiated with Judge Nudelman, who recently was transferred oul of the dstrict and is no longer the Chief Judge. Alderman Bernstein would prefer to discuss this after he had spoken, to the new Chief Judge. Alderman Feldman said the memo makes a reference to significant costs associa'ec vfith this, and if this comes back before this committee he would like to have some idea of those costs I-Jderman Newman noted the Village of Skokie already has a Youth Court and the new presiding judge, Judi Sayles, is a terrific person, who he thinks we will be able to work well with our project. There is a repta: anent for Judge Nudelman and hopefully we can make some progress. Alderman Feldman said thrs will to held over until Alderman Bernstein is prepared to bring it before the committee. VI. CONSIDERATION OF FY 2000-2001 COMMUNITY PURCHASED SERVICES BUDGET ALLOCATIONS Alderman Newman posed a question regarding a memo received by the committee this evening, stating HUD has just awarded additional new money to the Center for Public Ministry in the amount of $553,000. He questioned if this amount is above and beyond last year's award. Marie Vesely, Connections for the Homeless, said it is for a three-year period for family housing not above and beyond the amount awarded two years ago. Alderman Newman asked if the S22,600 requested from the City this year is for family services. Ms. Vesely, responded, yes that is strictly for housing services. The money that had been going to Connections for the Homeless was going to fund services at the shelter and rent and utilities at the shelter. There apparently was some concern on the part of this committee that we're not primarily serving Evanston residents by that. The proposal that was submitted was in place of that to fund the family housing apartments they currently have. Alderman Newman asked it to be clarified if the $25,000 is for family -housing apartments is this $553,000 for family housing apartments. Ms. Vesely said it would cover some family housing apartments. Alderman Newman congratulated Ms. Vesely on receiving this grant and said, then you do not need our money any more. He wanted it made clear, if over the next three year penod we divide this S553,000 by three which would be $180,000 a year, money this agency has never had before, will that go into the very program you are asking us to fund. it will be terrific for the Evanston taxpayer if the Federal government is going to relieve them of paying out that money. Ms. Vesely said it's a terrific thing except that we have the program that we have now and the money from HUD will not be available before September 12, 2001 and we still have families living in those apartments. Alderman Newman asked if the City could loan the agency that money to be paid back when the grant is received. Ms. Vesely said they cannot retroactively pay the money nor can they begin to spend the money until it goes through all the hoops. It will be an entirely different situation next year but at this point in time they have Evanston residents living in those apartments. Alderman Newman asked when they can expect to receive the money. Mr. Terry responded no one can tell, with HUD the last CPM grant took close to a year before the dollars actually started flowing. HUD takes a very long time to actually negotiate the contracts. Jan Klingberg, Connections for the Homeless, said she is relatively new with the agency and wanted to point out one of the factors for them is Connections for the Homeless is the only transitional housing program for families in the City of Evanston that provides the extensive services they do, not primarily rent subsidies but extensive sub -case management. The HUD fund will not come in for another 12 months. it is primarily for expansion of services to provide additional apartments, and matching funds are required to show that local government and local philanthropic organizations support us. Alderman Newman appreciated the comments and would like this agency to know that he considers the CPM to be a wonderful organization that runs the best shelter anyone could possibly imagine. The problem we have is that the City budget is $2,000,000 short not including the $3,000,000 shortage for the sewer project. When an opportunity comes along where the Federal government may fund a certain organization that represents an opportunity for the City. We signed a Continuum of Care agreement to help the Center for Public Ministry get this money in the hopes that the Federal government would help take the local taxpayer off the hook. He considers our affiliation with this organization a working together partnership and when you P-1se 3. 19 do get the money, which is a considerable amount of money, one way or another it has to reflect sane lesser need for City money. It's not that he doesn't not want to give this agency any money, but at this time City finances are very difficult and he appreciates your attendance at this meeting to answer his questions regarding this memo. Alderman Feldman thanked the people from the Center on Public Ministry. Alderman Feldman asked if there were other agency representatives that wished to address the committee. Alderman Newman noted that during the process all the agencies were heard, there was an exchange of dialogue and explanation of the programs, where we are now is what do we do with the allocatmns. Mr. Terry wanted to refresh committee member's memories that two weeks after their last hearing a communication was sent to them from Infant Welfare Society. He has been in commLT-ication wrath them and depending upon the outcome of this meeting, they have emphasized with him they are not puttirg us under a threat but their realistic assessment of Teen Baby' Nursery's finances is that without a significant infusion of a greater amount of funding the future of the Nursery is very much in doubt. If the decision is to maintain their current level of funding they may be making some decisions whidi will ultimately affect the high sch00] and at some point later the City will have to deal with it. Alderman Feldman asked if that wou"d mean the high school and the City will have to find additional funds or have to deal with providing those same services outside of the Infant Welfare Society office. Alderman Newman said they are telling us if we don t give there their increase they'll close. He asked Mr. Terry if there were any layoffs in his department as a result of this budget. Mr. Terry responded, yes, one individual is getting laid off. Alderman Newman asked what position that was, and was informed the position of community health planner who is currently responsible for health screenings out in the community and also does some HIV counseing besides a variety of duties in the department. That was the only personnel layoff but there were other reductions of costs and non -filled positions. Alderman Newman asked if it is contemplated for employees to be laid off in other departments. Mr. Terry said his understanding is that the City Manager's proposed budget contains three layoffs of currently filled positions. Alderman Moran wished to make a motion that the committee recommend anDroval of the request from Teen Baby Nursery of $112,000 for fiscal year 2000-2001. Alderman Feldman seconded the motion for discussion. Alderman Moran noted it has been pointed out to us that the Teen Baby Nursery program began in the 80's when the City went to infant Welfare Society and asked them to become involved, administer, and run this program. This program addresses the needs of young women, who unfortunately become pregnant and have children at times as early as their grade school and middle school age, but more frequently they are high school age. The program is designed to provide care and support for these children and to encourage the continued educational efforts of the young mothers at the high school. The high school dedicates a teacher to the program, at an allotment of $55,000 a year. This program helps both the mother and child progress through the time the mother needs to complete her high school education and go on. Statistics have been cited to us where one of the major historical concerns with early pregnancies is that the mothers vita to --come pregnant at an early age and have children, frequently have multiple pregnancies and has been found tha: the average of having a second pregnancy for those who have gone through this program is mach lower_ Thus this has been a positive contributor in terms of retarding the possibility of additional early pregnancies in young women's lives. We have seen instances where these young -women have successfully graduated from high school, no small accomplishment given many of them became pregnant early in their high school years. Many of these young women have gone on to college and receved degrees, many became involved in social work, and several of the graduates continued their efforts by working in the program. The positive efforts made and accomplishments the program has reached are that we know teen pregnancy has been one of the most serious social difficulties that not only as a community but as a country has incurred. The program has been carried by the Infant Welfare Society and could confidently be described as a model program in view of its accomplishments. He thinks there is a great need for this program and from his perspective and understanding the dollars and cents aspect of the program the Infant Welfare Society has been very generous PaL,c 4. V the City. Also, the City has been generous to L'ne program in that over the years they have granted large mounts of money to enable the continuation of the program. They are now in a strabon where they cannot P;rgcontinue at the deficit they have. Even if we were to grant this S15,000 increase there will still be a deficit. What he can deduct from the presentation is it will toe a deficit the Infant Welfare Society is able to absorb but without this increase will not be able to absorb. We also know that Superintendent Alison has made an offer to increase the high school's cash contribution beyond the dedicated teacher in the amount of 35,000 but apparently the offer of an increase has been made contingent on a City increase in funding. There veas some discussion in the material given to this committee about the increase that the high school offered but he is convinced in the absence of our granting this increase we will have a situation of great need that nal only will not be met, but the very fine institution that has stepped forward over the past 12 to 15 years and provided this service at a loss will not be able to carry it forward. If they can't carry it forward the community -yorili suffer an immense loss. Alderman Newman asked Alderman Moran if he plans to support the City Manager's request for a 9% real estate tax increase. Alderman Moran replied at this time he is not prepared to answer that question, what he is currently talking about is the motion to approve the request from Teen Baby Nursery for S112.000. Alderman Newman said he cannot support Alderman Moran's motion because he has noticed a pattern with Alderman Moran's budget policy, all year long he supports every increase in programs and at the end of the year votes against the budget and complains we're raising real estate taxes. He wants to hear what his plan is as he is open to supporting this $15,000, but will not support this $15,000 while during the budget he votes against the real estate tax increase and makes the rest of the Council come up with ways to fund his programs. If he can step forward to say he'll support the 9% increase or if he has an aftemative he is willing to join him, but there is presently a $2,000,000 de`icA. We've already heard employees are being laid off in various departments of the City. He respects the work being done by Teen Baby Nursery but we are currently funding them $97,000 for 20 families. He would love to fund the Youth Job Center the extra $13.000, the Community Defender the $6,000, and thinks the North Shore Senior Center is a fabulous organization, besides there being a number of needs in his Ward where he would like to spend more on if we were able to give them additional resources. We've, also discussed that the Noyes Court Senior Building is in need of additional services. Because he is confident Alderman Moran will not support any form of real estate tax increase he is not going to add another $15,000 to the bills of the City and without his commitment this program has to stand in line with the $2,000,000 deficit. Alderman Newman had a substitute motion to be recognized, that we fund every organization at the same level as last vear and make no cuts. What is most frustrating to him is we have streets in Evanston that one cannot ride down, as an example the worst street is Lincoln Avenue that goes through the 6°i and 7"' Wards. The condition of this street is an embarrassment to the City. The $112.000 would pay the debt service on the $1,000,000 for street lighting improvement on every street in town, something being deferred as there is not sufficient funds to have it done. There are so many unmet needs in this City and wishes he could give every one of these agencies another S50,000. The sewer program is asking for a S3,000,000 increase which will raise every Evanston resident's sewer bill 25%, raising everyone's water and sewer rates $100 a year. Alderman Newman's asked for a second to his substitute motion. Alderman Feldman commented that Alderman Moran presented a good case for Teen Baby Nursery, it was that very case that caused this City to fund and support it in the first place. He cannot think of a better way for the City to spend that money and could make that case for every single agency that requested an increase and has continuously requested increases over the course of many years. They need that money but the City can't afford it. His first assignment as an Alderman was Human Services, at which time there was enough money to be able to entertain the idea of supporting and doing all the things we wanted to do in the City even to the point of thinking of increasing support of human services programs. Things have changed and now we can't possibly entertain that, we have difficulty dealing with what we have. The City's ability to fund these agencies has become increasingly more difficult and the competition for those funds has dramatically increased. There is a large list of unmet needs in the City and when we look at these increases he thinks it's time for agencies to say the City is not the only place to seek funding. If the City is the funder of last resort, to him that means there is not enough support from the vast rest of the community. If $15,000 cannot be Paee 5. raised in the City of Evanston f--o-n the churcr:es. the banks, the University, the hospitals, etc., all the major institutions, then that means you do not have t*-P support of the community. increasingly this will require a greater partnership between the community and government because this City cannot afford this. He gets calls on a daily basis from pecc;e saying they ha.,e to leave the area because they cannot afford the sewer rates as it's in compet�.ion riitts lei► needed prescription drugs and heating bills. He does not knr:nn what the solution is but we cannot cont;r-i-e at this rate of increases. In all good conscience th-ere is no Dray facing a S2,000,000 deficit and not knc,,vng where rt rs coming from, can he support any increases. He is sorely tempted to cut, but ve. 1 not do tt'a: The burden c` supporting these agencies has to be spread around more than it is now. If, as a result of S15,000 an agent' says it is going to cause closure, that is what A is going to do which he would hate to see happen if rt dcces close it frees up an additional S97,000 for the City. He does not want that to happen as ne need and the service is important and he has supported this agency from its inception but it is not his dec.sron to close tt-:s agency it would be the agency's decision to do that. Alderman Feldman ser,nnded Alderman Newman's substitute motion. Alderman Moran remarked when -ire get around to talking about allocations of funds to various human service agencies that come to us with requests for funds we frequently turn the discussions back to the agencies as if these requests and our grants of these requests were meant to be an investment in a business. thinking of the agencies as corporate entities These agencies must somehow be sustained and nurtured as a commercial enterprise would have to be. It is easy for us to lose sight of the fact that when we receive these requests and make grants of funds to the agencies they are not like commercial organizations the grants are not being made to sustain an organization. We are spending this money because the clients are in need of our help and every time we take a vote on these requests we have to look over the heads of these true people who are here, who operate these agencies, to grant these services and look past them to the people out there in the community who need our help. He does not look at these votes as granting money to agencies, but as granting money to assist the less fortunate people in our community who are sorely in need of our help. When we have a lot of human services as a community, that are all meritorious, his personal view is the youngest members of our community are people who need our help the most. When we have young people begging for an opportunity to hope to become somebody, we should help them. That's what this program is about. As a community we talk about the gap in terms of achievement in school, and number of different problems that have been a concern for this community for decades. In terms of early childhood development what is going to happen to these moms and kids if we let this program die and what wig it do to the gap in our achievement levels in our schools Are we under severe pressure fiscally as a City because of this S15,000, our budget last year was close to S140,000,000. We frequently read the aphorisms of a lot of political scientists that talk about the fact that the real gauge of the community and its heart and sole is what does is do for the people within that community who need help, that's the defining element He does not think Evanston, even though we are under pressure budgetary and economically. can lose the identity we have and we have to retain as a caring community. He does not think we can let this program die. Alderman Feldman said he has supported a grant of $97,000, a grant we have traditionally supported over the years. That is not in any way an abdication of responsibility or diminution of its importance. What it is, is a refusal to accept the total responsibility for that program. Although he did label these as agencies he always thinks of the people that are involved. As parents all of us have had to make choices for our children and as needy as all of the agencies are, not one is not meritorious. There are numerous other causes and efforts and constituencies that need help that are not on this list and the fact that they are not listed does not mean that as a community we should not strive to help them. But, there is a limit to what one could ask and he does not have the ability to solve a $2.000,000 problem and at the same time accept additional responsibility. He would like to make it clear, it is not a question of support or non-support, it's a question of how much support. S97,000 is a generous amount of money and he agrees with Alderman Newman if there was more money he would want to expand the program but he cannot see accepting responsibility because of the massive choices we are going to have to make over the next month or so. Alderman Newman does not believe when people start making these so called wild statements and talk about Evanston's commitment to social service programs, they do so without having any concept of what this community provides compared to other communities. For example, we have the Homeless Shelter where Page G. Fthwe are the model for the state, which we have been funding all the way, and which nobody else provides. We're one of the few communities in the state on the issue of General Assistance. The state provides S150 for a certain period of time each month, we provide $334 per month, one of the most generous programs in e state. We have a myriad of health programs for low-income people and provide dental services for children. He would challenge anybody to find another community that does as much Evanston. The Teen Baby Nursery program that serves 20 families, we fund at the rate of S5,000 a family and over a ten year period have funded over S1,000,000, that shows we are committed to this program. Other agencies, such as Y.O.U.and Youth Job Center have done some outstanding fundraising efforts. He respects Alderman Moran's commitment to the youth in this community but if other peoples' programs are not in that area then are those people on spending sprees. Why is this $15,000 for this program more important than the person let go in Mr. Terry's department. Alderman Newman mentioned he attended a meeting last week at the 22*0 Noyes Court senior building where the seniors have no programmatic services and no security in the building. He would like to have some security in this building and would like to take S15,000 to hire a night severity person so 80 year old people living in his Ward could feel safe at night. He does not believe there currently is a solution unless the Council supports a 9% property tax increase to fund the $2,000,000 shortage we now have. Until we have a solution for the $2.000,000 shortfall he is not supporting sending the Council any additional bills to pay and is voting for the substitute motion for all the reasons both he and Alderman Feldman have given. This is a very serious decision that he does not take lightly and wishes the Infant Welfare Society the best of luck with this program. He appreciates all the work they have done in the community and hopes they will continue with this work. Alderman Feldman called for a vote of the substitute motion to accent to allocate all the current allocations. Alderman Newman added the amendment to accept all allocations at last veaes; allocations with the exception of BE -HIV that nets the S20.000 thev requested fa reduction of $600). Alderman Feldman seconded the motion. Motion Gassed. 2 aves — Alderman Newman and Alderman Feldman. 1 no - Alderman Moran. VII. FURTHER CONSIDERATION OF ORDINANCE 27-0.99 AUTHORIZING THE NORTHWESTERN POLICE DEPARTMENT TO PERFORM NON -CAMPUS DUTIES PURSUANT TO AN AGREEMENT WITH THE CITY OF EVANSTON Alderman Newman moved approval of the motion, seconded by Alderman Moran. Alderman Newman commented after giving this a great deal of thought and listening to people in his Ward relating to this ordinance, he would have to say half of the people in his Ward are not that excited about this ordinance. He would like to make it very clear that his understanding is this ordinance will be reviewed by the committee on an annual basis. It is also his understanding that the language under 9-3-6 of the ordinance will mandate that the agreement comes to us on an annual basis for review and by so doing we can make sure that the obligations taken on by the University are met. One of the key issues in his Ward is will there be somebody on Clark Street from 4:00—12:00, for 20 minutes every 2 hours. He wanted to relate to the committee his own experiences in the past several months, 2 weeks ago, in one 10 minute period he was panhandled 3 times in the vicinity of Clark and Sherman and believes because there are so many students at Clark and Sherman, the University along with the City have a joint mutual interest to make sure that the downtown area is as safe as it can possibly be. He considers the benefit of getting additional presence, additional not instead of, in the downtown area to be important to the Ward. The ordinance has been gone over several times and the University and the City have a mutual interest. He is not satisfied with the size of the University police department when he hears the University of Chicago has 63 fulltime officers and Northwestern has 25 with roughly the same student bodies. He finds this very frustrating because that University is doing a lot more for Hyde Park than Northwestern's police department can possibly do simply because its much smaller. It is now time to move on as vie have given this fair consideration and he appreciates all the work done by Chief Chafin and Chief Kaminski and feels this should now be moved to the Council. Page 7. Doraine Anderson, resident, wanted to know who does she ask for two pieces of clarification, one ;,he waaxld like to know where we stand on the indemnification issue, and the second where do ►ve stand on the state law requirements involving distinctiveness in cars and urvforms. Even assuming that everyone knows that Chief Chafin asked his officers, and they reluctantly put a stripe down their pant leg, do you as.'k the officer to turn sideways to check to see if he has a stripe. Alderman Feldman said the ordinance does require that but he would fke find out, as you would, what that means in terms of reality. For clarification, Alderman Newman read from the ordinance section 9-3-5. "As a further condition to the grant of authority in section 9-3- 3, the uniforms, vehicles, and badges of members of the Northwestern University Campus Police Department shall be distinctive, in the City's sole judgement, from those of City of Evanston police officers." As he reads this agreement, if these uniforms and cars are not distinctive it is our fault for not making them distinctive because according to this agreement we have that right. ?As. Anderson questioned the distincticn when it is nighttime. Alderman Newman asked Chief Kaminski if he considers the uniforms and cars to be distinctive and if he is vn1ling to revisit this during next year to make sure when new uniforms are bought they are absolutely distinctive from the Evanston police. Chief Kaminski responded he does not have a problem with the issue as he can tell the difference between their squads and the officers. He has not had complaints about that, the vehicles are marked differently. No matter what you do to the cars they will all have the Crown Vic that is a standard for police cars and cannot be changed. He does not know If you want to get into many different colors of the squads as he is comfortable with the way it is but will be glad to look into this. Alderman Feldman asked for a reason why we should not require that the uniforms be a different color because striped can only be seen when the stripes are facing you. Where is the resistance here, why wasn't it the first thing to change, instead of blue they should wear green or brown uniforms so somebody will know that is not an Evanston policeman. Why shouldn't the cars be painted a different color so one would only have to look at the car without reading whose car it is. Why should a citizen be required to read what Is written on a police car. If this is just a question of repainting the vehicles it does not seem to him to be that dramatic an issue especially if this is a long term arrangement. He understands the Chiefs are comfortable with this but he is not comfortable with this situation. Chief Kaminski remarked if you want people to feel comfortable with this he can not argue that point. In his opinion he has not seen that as an issue in the assessments of the working relationship we have had. He does not know whether they're in blue, pink, or orange cars makes a difference in the style of policing and their level of professionalism. Alderman Feldman agreed with what Chief Kaminski said but section 9-3-5 is in the ordinance and one of the whereas clauses says it shall be distinctive. This is a concern of some people in Alderman Newman's Ward and Ms. Anderson has indicated that is her concern. There are members of the Council that see this as a small issue. This is something that people would feel comfortable with if it was done and he does not see why shouldn't it be done. The police working with other po ice are not uncomfortable with it. Chief Kaminski said he could not provide an argument as to whether it is good or bad he can onty tell from his experience neighboring police in other jurisdictions all have the same color uniforms and similar squads. You do not see any great deviation in the metropolitan area. Alderman Newman mentioned that Skokie has dark blue cars and he would think Northwestern can do a purple car which would not be inappropriate, as purple and white are the school colors. If Northwestern cars were purple, a dark color, they would be very distinctive from the Evanston cars and easily recognized. Alderman Newman said his experience is he runs into a problem when the police all wear their black leatherjackets. Ms. Anderson said there is not a problem in telling the difference in the daytime but at night you cannot tell the difference between purple and black_ Alderman Moran noted that Alderman Newman pointed out a pertinent section and the fact that under the agreement the City has the authority and Chief Kaminski has indicated a willingness to look at this over time_ It strikes him that as people believe there may be some difficulty as a result of differences in uniforms or cars Page S. Fa ey can call those difficulties to Chief Kaminski's attention and he can look at this in the next six months to year and make some determination as to what is the best direction to go. Alderman Newman thought distinctive is a good value. which does not mean that Northwestern's police department should not have very professional looking uniforms and equipment. He would like to leave this to be worked out between Chief KaminsM and Chief Chafin, and over the course of time the Unirversity will with new cars and uniforms. A goal we can set for the agreement is to try to come up vfith something that is creative and distinctive and professional for the Northwestern department. He thinks tits. Anderson's paint is well taken and we have tried to deal %,.th in the language. He asked Ms. Anderson if she considers it reasonable to work on this. Ms. Anderson said her point is if we are going to expand Northwestern Campus Polices' powers in the surrounding community we should be abiding by the letter of the taw so there is no confusion on the part of the citizen as to who is writing out the ticket. Alderman Newman said we are root expanding their powers they have had these powers for the last five years, this is ratifying what has been in existence. Ms. Anderson said there was some surprise expressed at boundaries onginally set for i, in October or November. For example, you proposed that the University police get on Orrington Avenue, tl wt was a new proposal. Alderman Newman said the University has the right and has been ticketing cars on Orrington Avenue for years. Under this new agreement he only sees them writing parking tickets and is goiing to insist on some booting. In fact, we got a note they were not willing to do it, what they are willing to do is if they find somebody boot eligible on Orrington Avenue they're going to identify them for us so we can go and boot them. They are also going to help us with illegal cars parked in alleys around the University area between Sherman Avenue and Sheridan Road where there are many alleys subject to high speeding cars and cars blocking them. He very much appreciates that help because it takes an Evanston police officer between a half hour and 45 minutes if they have to come and have that car towed. For that amount of time that officer is taken off the streets. One of the reasons we went to an annual review is to keep a tight rein focused on what they're doing and if there are problems we can correct them. He thinks the issue with the uniforms is one of them and would like to get working on that and the $3,000,000 liability issue. Ms. Anderson asked if the $3,000,000 is per incident or per year as that was an issue that was previously raised. She recalls Alderman Rainey commented at one of the meetings whether the liability policy was the same as with Skokie or Wilmette and according to what Alderman Rainey said they are self -insured. Northwestern is not a municipal police force of a municipality, but a private institution police force coming into Evanston to help out. Alderman Moran said it is much better if we don't have any insurance with them this is much better as there is no liability insurance aspect to any of the mutual aid agreements. In answer to Ms. Anderson's question this is $3,000,000 more than any other agreement we have with other group. Alderman Feldman asked how we arrived at the $3,000,000 figure. Chief Kaminski said it started with the University and was in the previous agreement. Alderman Newman noted in the minutes Alderman Rainey expressed a concern about the $3,000,0000 liability issue at the November 6, 1999. At the December 6, 1999 the $3,000,000 was discussed and there was no further action regarding this issue. Alderman Feldman had a question regarding the University indemnifying and holding harmless and asked if this means the University accepts responsibility and protects the City. Therefore, in addition to the $3,000.000 we have the University's agreement that they will protect the City entirely from all claims and other expenses, and would include attorney fees. That is in addition to the policy that is more of a protection for the University than it is for the City because they already indicated contractually they will accept full responsibility as an institution for every dollar claimed in regard to any of their activities. In addition to the full indemnification they have the addition of the $3,000,000 policy. Alderman Feldman asked if the City of Evanston has ever paid out more than its $3,000,000 per year in claims regarding any activity of its police force. Chief Kaminski responded not to his knowledge. Alderman Feldman also was not aware of any such claims. Alderman Newman wanted Ms. Anderson to know he reviewed the minutes from the December 6, 1999 HSC meeting when Ms. Petersen raised Ms. Anderson's point regarding the $3,000,000. Ms. Petersen noted it was pointed out that this is better coverage than Wilmette or Skokie. Alderman Newman added there was Page 9. no question when we started this process that the liability issue was not properly covered and one of the benefits of the process was we did get it. resolved. Junad Rizki, resident, said he got a copy of the ordinance and looked at some of the minutes as he has not any of the meetings. He does think this has any benefit. as he lives in the area and has peen the Northwestern police responding to some calls before the Evanston police and also thinks this is riddled r%-ith a lot of Problems. Using the Internet he talked with people regarding issues with campus security and told them some things about the agreement that concerned him. It troubles him that we now have two different police forces patrolling an area and he is concerned about the criteria and how they will enforce the law. Hew will they arrest people, will they arrest people differently, one would say they have the same power to arrest. Some of the meeting minutes alluded to the fact related to students into drugs and smoking and maybe how they are not arrested and maybe how we might be arresting people. There might be different criteria in what we're doing that would lead to other legal issues. He has a suggestion, instead of using their police Northwestem should hire police for the City and have additional police officers in this area of Evanston. Obviously Northwestern may not like that but in his opinion if we really want to increase policing that is what we should be doing then Northwestern could keep their officers. While they might have authority to arrest people do we really want to give them this authority on our streets to go after our citizens. He thinks the Chief is a fine gentleman and runs a good show but he can't be accountable for everybody that works for him. In every organization there are people that do not follow rules and might harass citizens and frankly those are his concerns. There are some good benefits to have Northwestern up there because they do give extra backup but he thinks there are a lot of problems here. Alderman Newman thought Mr. Rizki made a very good point about the different police force and different standards or values they might have. His concern is about how some colleges treat student athletes, a good example of which is a national champion star halfback who is caught stealing and all of a sudden is back playing in the Sugar Bowl. He believes every person who commits a crime should be treated the same, regardless of who they are. However. one of the things we have done here is instituted an annual review. This agreement has been enforced in a different form for many years without any review. It is his view that if citizens come to us and tell us they are in any way not being treated fairly or respectfully we will take that up with the Northwestern police on behalf of our citizens. That's the point of the annual review to put a safeguard in here so we can respond to problems if they arise. His biggest problem is in the downtown area at night, when it's dark out, and people are getting off the el and all types of problems are happening, you can't see an Evanston police officer in the area. The solution would be if we did not have a $2,000,000 deficit to hire 25 more Evanston police to have the appropriate coverage downtown and on Howard Street where it is needed. He'd like to have enough Evanston police so we would not need the Northwestem police. He thinks he does a good job of trying to effect what goes on here and he has talked to every police chief he could about increasing the presence of Evanston police in the downtown area but has not yet been successful, which is very frustrating to him. If there is going to be some extra protection at night around Burger King and Clark Street that would be a benefit to the people living in these communities. This should be closely watched and reviewed annually and any complaints should come to Chief Kaminski or any citizen should be invited to come to this committee and tell us about it. Mr. Rizki said what concerns him is you are assuming you are going to get a certain level of service Out of Northwestern but there is nothing in this agreement that tells you Northwestern is going to give you these officers to do what you perceive them in need of doing. Alderman Newman asked Mr. Rizki if he is saying the 20 minutes every 2 hours of foot patrol on Clark Street is not going to happen_ The Additions and Enhancements to Activities of the Northwestern police says "... where officers assigned to its south patrol will commit at 20 minutes every 2 hours to foot patrol along the Clark Street business area during the evening hours, (4 -12 p.m. weekdays, 8 p.m. and 2 a.m. on weekends)." The agreement says this will provide an annual report to include all campus activities and arrests in this position. He thinks they will account for what they do and assumes this will begin once we pass the agreement and is more than what he now has. Alderman Newman invited Mr. Rizki and anyone else to come back to this committee if they hear about complaints of abuses. Page 10. Alderman Feldman called for Alderman Newman's motion for consideration of Ordinance 27-0-99 authorizing the Northwestern Police Department to perform non -campus duties pursuant to. an agreement with the City of Evanston. Motion seconded by Alderman Moran and unanimously approved (3-0). Vill. CONSIDERATION OF DECEMBER 1999 TOWNSHIP MONTHLY BILLS Alderman Newman approval of the December 1999 Township monthly bills. seconded by Alderman Moran. Motion unanimousiv approved (kO_L IX. CONSIDERATION OF A REFERENCE TO REVIEW THE CITY'S EMERGENCY ASSISTANCE SERVICES Alderman Newman requested this reference be held over until such time that Alderman Rainey will be present as it was Alderman Rainey who requested this reference. Mr. Terry noted it wras actualry alderman Drummer's reference some time back in the budget process. He withdrew the reference and Alderman Rainey asked it be kept on the agenda to review the program. Alderman Feldman announced this v4 be held over for Alderman Rainey's presence. X. COMMUNICATION: COMMERCIAL DISTRICT PUBLIC ART Mr. Gaynor commented that this will be an agreement between the City and commercial or retail establishments and artists in the commercial and retail establishments will cover all the costs. Mr. Gaynor introduced Tony Kelly. representing the Art Council Public Arts Committee. Alderman Feldman thought this is a marvelous idea and asked if there is more than one outdoor sculpture scheduled. Mr. Kelly said that is the initial one and they hope this will be embraced by merchants to have sculptures on the sidewalks in their immediate areas and work jointly to see that they are high quality artworks, Alderman Newman asked if the Public Arts Committee works on the murals, to which Mr. Kelly responded they are also responsible for that_ Mr. Kelly said the Public Arts Committee was defunct for almost a year and is now very active as they have a couple of very good Chairs. One of the items they are working on is a public art map of Evanston to have tours or public visits. There is public art already existing in town that he was not cognizant of before this. It is not hidden but one does not notice it is there. He thinks back to the time when Chicago did a survey and figured out that the art galleries and museums in Chicago draw about 200 times as many people as the Bears and the Sox combined. That is the big draw in Chicago and Evanston also has the possibility of a strong draw to the points of arts. Alderman Moran said he salutes Mr. Kelly and Mr. Gaynor for coming up with this. Some people might not get as excited about this as he does but it becomes a vigorously developed art program and provides markets for a community that has great positive impact on a lot of different things, which are not all esthetic. Chicago has made billions off its art. Alderman Newman wanted Mr. Kelly to bring back to the Public Arts Committee that those murals on the viaducts are extremely important to many members of the Council. We just put $350,000 into Talmadge Park and almost the day the new park was opened we had graffiti on the viaduct wall and have repeatedly had graffiti on viaduct wall. The Arts Fair will be back there during the summer and one of the disappointments to him was the Arts Council or somebody had no interest in helping them paint the mural on that viaduct. The Brownie mural and other murals have stopped graffiti from going on viaduct walls. If we could get a mural painted on that wall there's a significant chance there won't be more graffiti. These murals are of value in the Wards that have the C.T.A. right away. He knows you are going to put sculptures in Talmadge Park which is a great thing but we need to get that mural painted as it is very frustrating to bring your kids to a park and have graffiti all over it. One on the worst experiences we've had is when Ackerman Park had graffiti the second night it was open which made it look like a ghetto. To him murals are an additional use of public art. Page 11. Alderman Feldman commented we're not necessarily doing this just as an economic development tool but as an one, the kind of thing that effects peoples lives as they walk through and see this art_ One of the major functions of public art is to enhance your rife and the vistas. You had to witness the astonishing effect those whimsical cows had in Chicago that seemed to make everybody haply and friendP/ and brought a lot of people to Chicago. There were maps of where the different cows were located. If we could do this over a period of time in our downtown area, Main Street, Dempster Street, and a -eery place that wanted them, we could transform this town and there would be people coming from long distances to see that, especially in the light of the success Chicago had regarding this. Alderman Feldman expressed the committee's thanks to Mr. Kelly and the Arts Council for this wonderful venture. XI. ENDING COMMENTS AND ADJOURNMENT Mr. Terry informed the committee the next meeting will be January 31" due to the heavy meeting schedule for the month of February. Mr. Terry announced that Marilyn Claessens, Evanston Review reporter, has been permanently transferred to Winnetka and will no longer be reporting Human Services issues for the newspaper. Ms. Claessens has been reporting on Human Services issues for some time and her presence at Evanston Human Services Committee meetings will be greatly missed. The meeting was unanimously at 9:25 p.m. Respectfully submitted, Audrey Trotsk , Department of alth and Human Services Page 12. X DRAFT - NOT APPROVED CITY COUNCIL HUMAN SERVICES COMMITTEE Thursday, January 31, 2000 Civic Center - Room 2402 7:30 P.M. MEMBERS PRESENT: Aldermen Feldman, Kent, Moran. Newman, and Rainey STAFF PRESENT: Kathy Brenniman, Bill Stafford, Joyce Thomas. Luticia Barge, Doug Gaynor, C.Loulse Brown, Karen Seals, Linda Lutz, Jay Terry, Audrey Trotsky OTHERS PRESENT: Betty Payne, Sylvester Hilliard, Evanston Township; Robert Gremmek Sharon Lieberman, Evanston Environment Board; Keith Stehlgren, Presbyterian Homes; Scott Swanson, Mather Foundation; Dave Benni, King Home; Susan Morse, Swedish Retirement Association PRESIDING: Alderman Feldman I. CALL TO ORDER Alderman Feldman called the meeting to order at 7:43 p.m. II. APPROVAL OF MINUTES: MEETING OF JANUARY 6, 2000 The minutes of the January 6. 2000 meeting were unanimousiv approved (5-01 without connection. III. CONSIDERATION OF JANUARY 2000 TOWNSHIP MONTHLY BILLS. Alderman Rainey inquired regarding the $21.00 American Express bill for software on the Accounts Payable Report. Ms. Payne responded the bill was for signing up to go on the Internet. Alderman Rainey's interest was if the Township has its own American Express card. Ms. Payne responded, the American Express credit card is needed to go on the Internet. Alderman Rainey asked if the Township's credit card has a revolving balance and was told, no, its just a credit card and the $21.00 is going to appear every month to pay for America on Line service. Alderman Rainey asked about the $2,500 Hosty Company equipment purchase and was told that for special computer hardware for the Assessor, and the S2,500 figure would again appear next month_ There being no further questions Alderman Feldman called for a motion to approve the January 2000 Township monthly bills. Alderman Kent made the motion for approval, seconded by Alderman Moran. Motion unanimousiv approved, (5-0). Alderman Rainey asked for clarification of the issue in the Township's memo regarding client toad, not so much the load but the reason an increase was seen in the past two to three months. The real problem is understanding the Welfare -to -Work program and its ending. Ms. Payne explained that 5 years ago national parties decided that individuals on Welfare were going have to go through a training period of time and after 5 years they would have to get jobs or be taken off Welfare. We cannot determine how many people have followed through, gone to school and looked for jobs. If they have not done that a large number, of people are going to be taken off the Welfare program and will be seeking other places to go for assistance_ Alderman Rainey asked if a person was on the Welfare -to -Work program after the 5-year period what would be their next course of action if they were healthy bodied and not employed. Ms. Payne said they would look for some other source of Welfare assistance and does not know what it would be, but it would have to be Pate 1. something determined or they would have to go to work. She does not knc•,v what their are or if the government has said they will extend it and they can come back for another period of Gme Alderman Feldman asked if Ms. Payne is saying she eventually expects, although she cannot predict. it migrt have an impact and there will be those people who will not be able to find jobs no matter what program i-s in effect. Whatever other Federal government benefits they might have had will nun out and they will come to the Township for assistance. He asked Ms. Payne if she has already seen any of that. his. F-ayne could not pinpoint whether or not the slight increase in their rolls over the past few months is related tv that Alderman Feldman asked if any of the clients during the course of their interviews have indicated their tpne::r,s under the Welfare -to -Work program ran out, they were removed from Welfare and now have no o&;er place to go. Mr. Hilliard said to his knowledge they have had at least two that said that. One perscn did not have sufficient money for baby sitters and had to stay at home because by the time she received hear p;wf. paid the baby sitter and everything else, what was left was insufficient to meet her needs. She therefore c.rne to the Township and hopefully through our job club we will be able to place her someplace else. Alderman Feldman commented then even though somebody might leave the Welfare -to -Work program and find a ;Tab the job they find may either not be suitable or for some reason they do not stay at the job and the message he is getting from you is the market for your services is increasing. Alderman Newman asked for clarification of this program because the Federal program, 5-years with an end was formally known as Aid to Families with Dependent Children. We have never been in the business of dealing with those families and therefore he does not understand where somebody would come to the Township with children to pick up where the Federal government stopped. Therefore, he does not understand the point made in the memo, because if you are now within the 5-years and you have children you're not eligible for our General Assistance program and there cannot be an expectation that at the end of those 5- years we're picking up those families. These are not single people and to date our program has been limited to single people, that was never the intent of the Federal legislation. Mr. Hilliard said Alderman Newman is right but a couple of things happened, one being the TANF program which used to be ADC. Some families have shifted the kids somewhere over to the grandmother and they came back into the program. Mr. Terry noted for 5-years TANF, which is Temporary Aid to Families, the first people that were put on TANF are coming to an end and its not entirely clear what will happen to those who have not successfully navigated into the work force. The Township's population has always been single individuals without children. The question will now become who are those persons not able to successfully transition into jobs and with the fact that the State of Illinois says you've had your 5-years with TANF and we're not taking care of you anymore, what happens to those individuals, is there a benefit program available to them. The other question is whether they have been kicked off TANF for noncompliance with the rules of the state program and whether we're getting local policies governing people seeking assistance because they're no longer eligible for TANF because of noncompliance. Perhaps they did not keep the job long enough or follow through with interviews, and things of that nature which is a separate but related policy question. Alderman Feldman said it is his understanding that General Assistance established its clientele population based on the fact that were no state programs that dealt with those specific individuals. There was an aid to dependent children but single men had no place to go. Our General Assistance at one time was populated by a lot of single men. You now raise an issue that there might be an entirely different population not covered by any federal or state programs. Who has that responsibility, does it then become, as this population did, a local responsibility, by default if not by choice. Ms. Payne thought if people are pushed to the point where they have nowhere else to go to seek assistance you are not always going to get people who will be honest about having kids when they come in seeking assistance. As we all know people will do anything to get around whatever policy we have when they do have not have any other source of income. For whatever reason we may get some fallout from this Welfare -to - Work program even though a lot of people may not qualify or it may be for people with dependent children, our program also includes women. Pate 3. Alderman Moran asked if there ever was any discussion whether Evanston would have a parallel = the TAN - program that would relate to the General Assistance program in the sense of someone being on it Sflr 5-years and needing to transition to a job or an independent economic standing and you're done if you're not. Ms. Payne said in regard to their clients that were on General Assistance for 10-years and were ne-,er off, ttz! is no longer the situation at the Township with the 89 clients we now have. If they don't keep :ne jobs we place them on then they are terminated. They can come back after 90-days but no one will stzf on unless there is a reason. There isn't any reason, if they can't work then they will eventually get on S.S.I. In regards to their program if you're on for 5-years she does not think we can tell you according to state reguiiations you can't come back to General Assistance because you've been there for 5-years. Alderman Feldman wanted to clarify if someone loses their job, they're terminated, they can then rome back in 90 days. What's the processing time? Ms. Payne responded they have to have lost the job before coming to the Township. If we place them in a position and they just don't work, they don't go to the pub and the employer tails and informs us this person is not performing, we can then terminate them frccn General Assistance and they can stay off for 90 days. However, they can come back within 90 days to reapply, as it would take them another 30 days to get back on General Assistance. They would be without an��y assistance for 3 or 4 months. We show the tracking of the returning clients and the history of clients returning tin less than a year is very small. Alderman Moran noted even looking at the Township as not having home rule powers, the Townsv'mip has time inherent authority of its own eligibility regulations. Can we make adjustments to that? Mr. Terry responded there is a state law that governs General Assistance that provides a basic framework for who saall or shall not receive GA and within that framework the Supervisor has the authority to raise and elevate grant levels. and make some decisions about medical care. For example, part of the state in Chicago adopted a program 4 or 5 years ago that said GA shall become TA, Temporary Assistance, and it shall be a 9-month program. You are eligible to reapply in 90 days, which is covered by state law. Alderman Newman said the state requirements are a lot more rigid than our requirements and we have a lot more latitude because we don't accept their money, we're a not receiving Township. He thinks Alderman Moran's suggestion is completely consistent if we want to do what they are doing at the state level. Evanston Township is doing an excellent job keeping the clientele down but we do have the ability because we're not accepting their money to pay the grant. If we were accepting their money it would be a whole different ball game, a point he thinks should be pursued in terms of getting the question answered. Another point is if we do not have a policy now that we're not accepting people that have formally been on the federal TANF program we've never dealt with those families. We might have dealt with them in the context of Emergency Assistance but never in the context of GA. As a matter of policy this would turn Welfare to Work into unfunded mandate and we do not have the ability to pick up children, or medical. We just do not have overflowing funds, its not that he would not want to if the funds were there to do it. If there is not a policy in place now in regards to families, we are now doing a lot of services trying to fill in the gaps, there needs to be a current, clear, policy. Mr. Hilliard said there are not any families at all in their program. Alderman Newman asked if that means right now among the 89 clients we have people that would have otherwise formally qualified for Aid to Families with Dependent Children. Mr. Hilliard responded, no. Alderman Newman asked for an example of a famity other than a male or female single person. Ms. Payne responded that they don't have any families on General Assistance. Their program runs according to the state statute. Her memo was not to make you think when all the people get off of the Welfare -to -Work program they will begin taking in people with families. She was merely indicating there is a possibility they can get some of the people because the Welfare -to -Work ended and some people will come. Alderman Feldman said they will park their kids someplace and come in and say they don't have children to get on the program. A female with children will get on Welfare and say she does not know where her husband is but the husband might be living with her. Alderman Newman thought there could be a question in your application asking if you have been on one of these federal programs within the last 5-years. If they're going to lie to you then they're out of the program, but if they answer truthfully you grill Page 3. know that before you grant them anything. The point Alderman Newman wanted to make sure if there are any changes at your office, which he is glad there are not, we would not be picking up the slack Mr. Tent' -,vas glad that issue was raised as his recommendation is at some point we may have to codify that No one can know what is going to happen when the first people come off the rolls. Is the State Department - that is nove part of Human Services, actually going to say. "tough that's it'. Is Congress realty going to say "tough that's it". At the point people come off the rolls we are in uncharted territory. Are these pe-ople going to knock on the Township's door if the State says no, he suspects they will and that's when we re-ed to have a policy in place. Mr. Hilliard said there is not too much to wont' about in less than a year. Ms. Payne recalled Mr. Terry brought up the issue of when the City of Chicago puts people on t:he 9-month program. If one would look back at the minutes when that issue came up they were concenroed that the people in Chicago were going to come to Evanston and try to get on General Assistance. She understands there were a number of people that went to Milwaukee to try to get on their program. We did not get a big influx of those people that were kicked off the 9-month period, but discussed we anticipated that. IV. REVIEW OF EVANSTON TOWNSHIP FINANCIAL_ POSITION Alderman Feldman noted receipt of the Township letters and asked for any comments relating to them. Alderman Newman made a reference to the Township's January 5" Financial Status when the levy was reduced to $250,000 which was a $1,000,000 reduction of their levy and little did we know the tax caps were coming that would freeze it at that lower level. Mr. Terry noted the entire reduction of the levy was in the Town Fund. For a long time we thought the levy maximum in the GA Fund was $800,000 and then we recalculated it a couple years ago. Our millage now is the $1,400.00 figure. Forgetting the tax caps under the Township law we could now Levy up to S1,100,000 in the GA Fund. Alderman Newman asked for an explanation of the referendum as it seemed to indicate we need a referendum. Mr. Terry explained that the Township, being a non -home rule form of government, is limited to tax increases equal to the consumer price index. In order to generate the type of revenue that the Supervisor is saying she will need to balance her budget in the fiscal year, which is $400,000 or $500,000, the only .,.ray to generate a tax increase of that size is the voters have to approve it in a referendum because the percentage increase would be way over the consumer price index. Alderman Feldman asked what the difference in dollars is in relation to what the Township can get under its present system without a referendum. Ms. Payne commented she has not confirmed their budget but it will be very close to what the budget was last year, it might be a few hundred or thousand dollars higher than last year but will be very dose to last year's budget of $1,400.000 and we can levy a maximum of $850,000. At this point we don't have the luxury of the transfer of that S550,000 to balance off the budget. Mr. Terry added that this year we budgeted roughly a 2 '/_% increase in both of those funds and generated S40,000, if the need is $400,000 to 500,000 at a percentage equal to the consumer price index we can only generate $50,000 at most. The problem we have is even if the budget stays the same we have, by policy levy deficit budgets for the last 3 or 4 years, had expenditures exceeding revenues. Alderman Feldman summarized, we are short $500,000 and the only way to raise that is to have a referendum. If we don't raise that there will be a $500,000 deficit. Alderman Rainey said raising the revenue is one issue but other issues involve cutting back expenses which has to be looked at. Ms. Payne said that is something you will be looking at when you review the budget but you're not going to pare back $500,000 The budget is going to be lean because just normal expenses continue to go up every year. Alderman Rainey commented after looking at this budget she did not think it was lean but agreed it would be difficult to come up with S500,00. Alderman Newman reiterated what a great job he thinks the Township has done in the past five years knocking down the roles from 300 clients to 80. Speaking for himself, he would have to say there is a number of things the City could be going out for a referendum on right now, and we would have to think over whether Page 4. it should be for the Township or the City. He questioned what organizations the Township is making grants to right now. Ms. Payne said grants are given by the City. Alderman Newman inquired regarding the part of the budget that goes to PEER Services. to which Ms. Payne responded that is for their substance abase clients. Clients with substance abuse are sent to PEER's program which we fund part for our clients. Alderman Newman then said the only alternatives they would have other than a referendum in looking at the budget is looking at the grant level_ Ms_ Payne said she was going to recornmend that the grant level for clients be increased as it has not been increased for 10-years. Of course everything else has gorwe- up. Ms Payne said she understands exactly where this committee is coming from as sne understands finanding very well. Five years ago she knew we would be sitting here when she informed everybody of this. Every budget period for the last 5-years she continually asked for a 5% increase of the levy and it was voted down- Right now we're sitting at zero dollars if we had done that we would have had $200,000, which we need right now, just by raising the levy by $45,000 each year, 5% of the 5850,000. She is sure that their staff and their our clients are going to be the ones that you are going to cut back making them pay for something that we as Supervisors and Trustees did not do, long range planning. Alderman Newman wanted to get it factually Gear, he knows there was a period of time when you started and he remembers being on the floor of the Council, back in the mid 90's, saying we were going to run out of money because we were living off the reserve and trying to get those increases_ He seems to remember the last two or three years we gave you what you wanted. Ms. Payne said their projection was when you started taking the $250,000 that we could live off for 3 to 4 years. If the client base had stayed up in the 100's we would not have been able to live off that for more than 2 1R years, but the client base kept declining therefore we're into the 5" year of living off the reserve. If we use the reserve for 3-years and then start increasing the levy its already too late. Alderman Newman added the wild card is really tax taps and the levy was cut all the way down which meant we came all the way down and now do not have the ability to come up because of the tax caps. Alderman Feldman brought up another issue which is not only a question of going out for a referendum, but the question of whether or not if it passes. Ms. Payne said she is not requesting a referendum nor did she mention anything about a referendum in her memo, do not shift that onto her. She understands a referendum can go out that may not be approved and would think you cannot approve your budget on a projection that a referendum is going to pass. Alderman Feldman agreed we could not do that and that was made clear in Mr. Stafford's memo. Alderman Moran's general thoughts are there is no doubt that financially we're in a bad situation, particularly because some of the developments with the school district preceding with a referendum laboring under some real difficulties, that on a political basis looks like a very iffy question. Speaking for himself he does not see it as a particularly viable option. The memo points out something he has raisea over the years, client grants and medical payments accounts for only 45% of the total expenditures of the GA Fund and only 39% of the total expenditures of Evanston Township operations. He can't profess to understand all the ins and outs of the financial operations of the Township but he continues to feel that proportion isn't what it should be. Looking at a grant program that we're spending 60% on administration and overhead and 40% on the grants strikes him as being top heavy. He only says that in the suspective that he does not know exactly what to suggest in terms of specifics but thinks we've got to work on expense levels and somehow get that proportion into a better ratio, Ms. Payne has said she is planning to ask for an increase in benefits and he does not know what to say to her about that. He only says this in the perspective of what we're looking at here and is very worried about what we think we can do at this level. The issues raised here are that there needs to be expenditure reductions, some may be administrative expense and some may grant levels. Ultimately one of these nights there will be some conversation about the amount of money in your bank account not matching up to your client base. He would venture to say this may come about soon when we will all be sitting here saying what are we going to do next, there are no easy answers to this. Mr. Hilliard said it seems to him the ball is being thrown back in their court and from the historical situation after reading all the budgets from the last 10-years, we don't even have a penny reserve. Talking about administrative overhead and going to have some cuts here and there, he wants to tell you they pride Page 5. themselves with the staff they have, they are a hlghiy trained staff that oversee an established program and make sure that everybody who comes to that program qualifies pursuant to the guidelines. last year we had a flow chart that went from 1999 all the way up to 2GOS to give us a handle on projection of what was going to be. At no time did anyone want to address that, he brought it up one time last year and was told we'll deal with it when we get to it. The situation is here, it's a pitiful situation and we hope the City will be as gracious as they were in October when they let us have S200.000. Between now and the end of this budget year March 311 we won't be able to make payroll or be abbe to pay our bilts for February and March unless we get another loan from somewhere. Ms. Payne said they have a few dollars coming from the state level, however, they're at their mere, too. We cannot get those funds until the state disburses them and that also helps put us in the position we are now in. Alderman Moran pointed out looking at this overall picture he wonders how are we going to address this without some major structural changes that he literally does not know what they are. It may be some form of TANF program we devise that somehow deals with thee structure of this but from what he sees you have the rolls substantially lower than they were before, and if that was not the case he does not know where we would be. There are only so many places we can go, but we better find them soon. If you follow the budget discussions for the overall City, you would know that the City's reserve is miniscule and not anywhere near the normal financial guidelines for the kinds of funds we have that make up our overall budget. The City is down to bare bones too, across the board. His only reason for saying this is he thinks that some things have to be recognized as a function of what we can do as a community and the pressures felt when you live in a community like Evanston that has very high taxes. People talk about tax caps but the tax caps can be taken and put aside and we would all still be confronted with the same kinds of pressures that manifest themselves politically and socially which is people don't want us to continue to increase every levy we have on a continuous basis. This is just some of what he sees as a political reality, something we need to confront. Alderman Newman inquired when another $200,000 loan will be requested. Ms. Payne said in her memo she Indicated that was for the month of February and March of 2000. Alderman Newman said the last $200,000 was related to the problems with the County Collector of real estate taxes and asked if this is an identical situation. He was told it was and the other $200,000 was paid back within 2 % weeks. Ms. Payne noted in the past, at this time of year, our funds have always been short but it was never realized because we had a reserve of a couple hundred thousand dollars. If we were short of funds because of tax dollars in the month of February or March we could pull it out of our reserves and then in the middle of March we got our disbursement of tax money. Now that we have zero reserve we do not have the option to draw off that reserve. Alderman Newman said if this is the same situation as the last time he does not have any problem with the $200,000 but he just wanted to be clear on a few points previously made. As he recalls the Emergency Assistance program percentages are close to 50150, not including the Executive Director's salary. With this cut back of the levy the City contributed to this situation and there is no question that we all share responsibility in that. For years you asked for your increases and people on the Council did not fully grasp the problem. However. we are struggling with a terrific problem at the City level and he does not see where $400,000 or $500,000 would come from since you're subject of tax caps, nor does he see what the solution is other than somehow combining the offices with drastic reductions of employees because one of the things we're fighting to do at the City level is maintain a good part of this social safety net. We're doing a lot of things on our own with medical/dental services, mental health, purchased services, etc. He does not know where the rest of the committee is on this but finds himself in very strong agreement with Alderman Moran and cannot see were we can get out without very serious reductions in expenditures. Alderman Newman asked how many years remain on the lease at the Main Street GA office. Ms. Payne responded 8 or 9 years remain on the lease, to which Alderman Newman added at 580,000 a year. Ms. Payne stated she had no objections to moving into City property providing they give her something comparable to where she currently is and went on to say she could negotiate the lease. Alderman Newman noted there has to be some consolidation and a quick strong handle is needed on this issue. Ms. Payne said what you're saying is there will be a large reduction of staff, which may happen, but she must say the staff that brought your client roles down from 350 to 89 are now facing losing their jobs. She realizes that's part of life but that is an issue. Page 6. Alderman Newman said if he could be shown what alternatives there are for us to maintain this he wilt be glad to look at them. Ms. Payne said she does not have to do any research to show you what the alternatives are, You've seen the job they have done. Alderman Newman acknowledges the job that's being done but he's talking about coming up with the money. Alderman Rainey had a question she did not wish to cause any anxiety, but had to ask to get information. If we did not have a Township and abolished the concept of Township government, what would happed to the 89 clients we served this month, where would they go and what benefits could they receive elsewhere comparable to our GA Ms. Payne said she did not know the answer to that question and did not knovi if you could abolish the Township of Evanston. Alderman Rainey's interest was in where would these clients go, not every community has this assistance and asked �f GA clients receive benefits in another way than ours do. Ms. Payne responded GA programs are operating according to the state's statute. We follow guidelines of the Public Aid, the only difference with Evanston is our grant is a little higher than the one for Public Aid. Alderman Rainey asked if an eligible client lives in Rolling Meadows, where would they go and what would they receive in terms of benefits. Ms. Payne did not know what each individual Township gives but said they qualify the same way our clients qualify and receive benefits as our clients do. Mr. Terry added there are townships with much higher grant levels because the number of clients is so low, the bottom line is very small. Alderman Feldman asked, in addition to the $200,000 loan how long do we have to deal with the problem of the $500,000 shortfall. Ms. Payne said before the budget can be balanced for the year 2000 and you would have until .tune of 2001 to approve the budget. Of ccLu-.e there is an election in April, 2001. Mr. Terry asked if some of the items shown show the deficit occurring around February of next year shouldn't this year's budget, that will be approved in June of this year, be balanced as well. Mr. Hilliard said that is correct because the new budget will start the 1st of April. Mr. Stafford stated in terms of the cash flow, we're prepared for the Council to provide the interim loan this spring and we'll probably be in the same situation, giving the County's track record, of having to do it next fall and that's fine, too. The issue you run into is when we get into January and February of 2001, even if the budget is balanced, they will basically be out of cash_ The situation then becomes that they are not only out of cash but they have to borrow the cash just to maintain their office. At that point in time it will be $200,000 or $300,000 and they will have to keep it going for a longer point in time. He would agree with Mr. Terry that it's a budget issue for the main budget coming up and will have to be dealt with because if it is not dealt with we will all end up early 2001 looking for the money to make payroll. Alderman Feldman noted two things have to be done tonight, one, deal with the $200,000 and the other is to set up a mechanism to examine budget, policies, consolidation efforts, any programs that might be instituted at that time, what the options are and will present us in terms of a reduction in costs, and how close we can come by any reorganization, cut or change in operating procedures or philosophy that would bring us anywhere within the $500,000 difference. The Human Services Department, the Township, and our Finance Department staff will have to work very closely with that. If the committee has any suggestion as to whether 0 should be established formally, have a task force for that, whether members of this committee want to be involved in that, or if we initially want to assign is to staff to see if they can come up with options that can be presented to this committee. It is very clear that instructions have to be given to staff to begin to deal with this issue. Alderman Feldman called for a motion to recommend to the Council for the Fpbruary 'let. 2000 meeting, that a $200.000 tax anticipation loan be issued to Evanston Townshio. Alderman Moran made the motion seconded by Alderman Newman, motion unanimously approved f 5-0). Alderman Rainey thought it was suitable to ask the Township Supervisor, Executive Director, and staff come to this committee with recommendations to work this through, the first step to be taken by the Township staff. Alderman Newman agreed with Alderman Rainey and felt we need to take action now even though the problem is in 2001 it should be solved by some time in April, May, or June. Also, he did not know if we would have the ability, if the Township did not have any additional taxing authority, to come up with W0,000 or Page 7. S500,000 in January or February of 2001. His suggestion would be for them to come up with ocitions but if they are asking the City for financial relief in any way they have go through the Finance Director far Iris advice. Also, he does not know if it is necessarily abolishing Township government but the combination of trying to consolidate Emergency Assistance and the Township program to him is driven back onto the table, at least in exploring how this would work Not to upset anyone, he would like to point out that whatever We do on the City side for any of this population is not subject to the tax caps it is only within the confines of the GA programs and you are locked in over there. He thinks everybody should be looking at this wPith the first suggestions coming from the Township but in terms of anything they need from the City that should come from City staff. As Alderman Rainey said the initial recommendations have to come from Township staff to be reviewed by the City. Alderman Rainey felt she did not have a grasp of the operation because she does not fully understand the programs as they appear in the budget how much participation is in them, the frequency of cJiient visits, frequency of client participation, making it difficult to get a handle on what's happening. Ms. Payne said as a Trustee its your option to come into our office for a day to watch our procedure and sit with one of our caseworkers which is the only way you will be able to track all of the paperwork and all the time a caseworker spends with a client. Alderman Rainey said she knows she's welcome but she also has to work fora living in order to support her habit of being an Alderman. Ms. Payne said the 89 clients they now have, have the most difficult problems and take a lot of work because everything they do needs to be documented to the penny for reports given to the Trustees. We're able to give the Trustees all these reports because we make sure that our clients are property and very closely screened, which is very time consuming. If we place them on jobs we need to go the employer once in a while to do site visits besides doing home visits because those are the guidelines they work under. Alderman Newman suggested this be handled as a special order of business and when these budget options are considered not have anything else on the agenda for that particular meeting. Alderman Feldman asked Ms. Payne if she had any idea when she could get back to this committee. Ms. Payne asked what the committee would want besides their budget and anything they might be able to adjust or restructure. Alderman Rainey said that is not what she would like to see, she would like to see you go back, massage and rework the budget and come back to us. There is not a budget in the world that cannot be adjusted and at some point you are going to have to accept that some adjustments are going to have to be made. She does not think you could be confronting a friendlier group of Trustees, every one of us has given you accolades for the good work you've done which you know that she means because she has been very up front to other Supervisors when she did not mean it. lAr. Hilliard said he has been writing budgets all his life and the first thing they do is cut away social programs and cut back on staff. To look at cutting anything S64,000 is a drop in the bucket for Access to Care, PEER Services, Family Focus with what we're talking about and those 85 or 90 Evanstonians who have monumental problems. He likes to deal with the holistic approach to these clients who have multiple problems. It takes all the energy and staff training to upgrade ourselves to make us better individuals to deal with these kinds of problems. if we were not there he does not know what would happen to this population, most of these people were born and raised in Evanston, their families, mothers and grandmothers live here right now and pay taxes in Evanston. And you tell us to bring back a different kind of budget cutting off some programs. Alderman Rainey said then forget it, if you can't do it you bring what you have and we'll start from there. Ms. Payne said we can make the ad;ustments at the table with you. Alderman Newman agreed with the first part of what Alderman Rainey said but does not think we're quite connecting here. No one is blaming anyone the decision to reduce the levy from 1.2 to $250,000 eras not your decision, it was all of our decisions and there was no question that making you live off your reserves was not the prudent thing to do. When the levy was cut down we did not know there was going to be tax caps or whether or not we would have the discretion to go back to the $750,000 which we don't have any more without a referendum. What you have to understand from our side is this is not a situation where we have the ability to write a check for $400,000 or S500,000 because we've been having a problem of not being able to fund our end without a 9% tax increase which a lot of us consider to be serious. He's looking for a survival Page 8. budget and he does not see, without some sfignifcant changes, how you're going to survive in 2001 considering we have the tax cap problem. If you think there's options in the budget or things wecan do he would be glad to hear what they are but you must remember this is a Township government that is funding these types of programs and he cannot see getting around them without a referendum or a WD0,000 and S500,000 inclusion of cash. If you come to us with the same budget and even if we think it's a great budget it doesn't wipe out that $400,000 or $500,000 shortfall. Alderman Feldman said what we're asking is tha: you do whatever can, we're not talking about a fngure, just an honest effort to do whatever you can. He wanted to know what the actions of the Trustees, n+at Me City, had to do with the removal of the support and reserve you spent out. It's the Trustees that hZee to find a solution to this, not the City. It just so happens that the Trustees happen to be the Aldermen of the City of Evanston but it's the Township government with the Supervisor and the Trustees that have to firud their way out of this. if we go to the City the City may wane to help with loans, but the City is under no legal] obligation. Alderman Feldman thanked Ms. Payne and Mr. Hilliard for their attendance. V. UPDATE ON ENFORCEMENT OF THE CfTY'S LEAF BLOWER ORDINANCE Dr. Robert Gemmel], Chairman and Sharon Lieberman, Leaf Blower Ordinance Committee merrabers of the Evanston Environment Board, were in attendance to address this issue. Alderman Feldmann asked for comments on the memo or the issue. Mr. Terry +4-anted to clarify that the direction of the last Human Services meeting was to get input from the City Manager's office. The packet contained two communications, one from the Environment Board to the Human Services Committee and a second memo from Doug Gaynor and Linda Lutz reflective of all City staff who have leaf blower experience, the Police Chief and the Law Department represents staff commentary on the Leaf Blower Ordinance. Alderman Feldman had a question regarding the manner and clarity of police reporting on these Rssues. He asked if "unable to locate", means unable to locate the violator. Mr. Gemmell said the problem is a report comes in but by the time the police get there the people are lost. Alderman Feldman assumed that on the Police Report there are a number of categories that the numbers don't add up properly and there is duplication here because the same case can have more than one category. Mr. Gemmell said ari he did was tabulate the response they got. There were sl&uations where the police responded, in some cases two responded, and in some cases no responses +mere given. Alderman Feldman asked Mr. Gemmell if in the course of receiving this information he ever called the police and asked what it meant. Mr. Gemmel] responded, he did not. Alderman Feldman asked if he knew why certain months were skipped. Mr. Gremmell said because April is not a violation period but tape first part of March is. Normally there would be nothing in November and would only involve dumping leaves in the street which is not a leaf blower issue but a related issue. Ms. Lieberman added spring cleanup and fall cleanup is the permitted areas, April through May and October to December, the idea is to exclude summer. Alderman Feldman asked if Mr. Gemmell and Ms. Lieberman read the staff report. They responded they just received that information and the Environment Board has not has a chance to consider these recommendations. Alderman Feldman was trying to find out whether or not they are satisfied or if their recommendations are to continue in the ordinance or add to it. Mr. Gemmell noted one of the problems that cc.mes up in this is they have a problem in getting t€e police to go and try to enforce the ordinance. There has been evidence of reluctance to try to enforce ii because it means once they have written the ticket they have to appear in court and this takes them away from what they're doing. if he had his druthers he's rather see something that would deny court appearances and be handled more in the way we do with parking tickets where there is a penalty involved but doesn't necessarily involve having a policeman go and spend a half day in court. He suggests talking with one of the prosecutors from the City who has prosecuted some of the cases, to get their reaction. Another thing talked about from the very beginning, is there is a woeful lack of ability to communicate certain aspects of this and related ordinances involved in doing these things. We can communicate limited ways to the residents of the City by putting them in the newspapers, but if they come in from outside the City they don't see the notices in the paper that says, "I'm sorry last year we allowed you to put the leaves in the street, this year you can't do it'. Alderman Feldman asked if another problem might be the fact that the people know full well Y,(hat the Page 9. ordinance is and believe in the inability of t:2he C+ry to enforce 4. Mr. Gemmell said he would be hesitant to make that accusation. Ms. Lieberman said companies coming from outs:oe the Qry, mostly pw-kup crews, don't know the ordinance. Probably North Shore based companies know st tx a seems to change penodically and its hard to keep up. Alderman Feldman commented he has a constm-)ent wtso has repeatedly told people what the ordinance is and what its provisions are, they look at hire• arc next week and the week after keep doing the same thing over and over again. Its not just the idea they ocr, `i know t ecause once they are informed tl-e next question is what does that mean. Ms. Lieberman cornrnente-d the history of how ihs ordinance came to be was fewer than a handful of citizens from Northeast Evanston came to the Environment Board, some of them were home workers, and found that the leaf blower noise dung the day. voich is recommended from 9:00 to 3.00, these were their work hours, and when the don t wart to have to hear leaf blowers at all. Because of their persistence we supported their efforts and supper:ed a document to pass a leaf blower ordinance. We've seen it for 3-years now and compliance is d..-ificui despite the fact that we have a pamphlet that goes out throughout the community, in English and in Spar:.sh, about the permitted and banned hours. Her personal feeling is that getting the police to enforce thss is not going to happen. They get on it when we get on them but it's clearly not a priority issue and from her pct: of view, to terms of quality of life issues in Evanston. It's not even a priority of life issue. It seems there are alternatives for people to the community who are part of City staff when they see this happening in same say to approach a landscape company and maybe not issue a citation because they're not empowered to that, but to say, 'you're not supposed to be doing that`, because the police are not going to keep up with it. Alderman Moran said he personally, and a lot of the people he represents considers this to be an important ordinance. There were also a lot of people he represents that did not like that he voted for this because they're monthly lawn bills increased. He bef:eves this is a quality of life issue as these things can drive one crazy which is why he pushed for this ordinance. They knew there was going to be a problem with enforcement, as there had been a problem before. In 1991 when he first came on the Council the Environment Board had been pushing for yeas to get the Council to deal with this and we did not. When the Council finally voted on this some members of the Environment Board took the position not to pass it because they said we won't do anything about it, which was a perfectly valid point. He felt the day would come when the enforcement situation would again have to deal with it and you are here telling us it's here. In his view we need to license these people. What we can do with a licensing scheme that we cannot do with the hit and miss trying to catch them, is when you finally ticket somebody, if we get to the point where there will be willful disregard for this law we will just say, "you can't Ire here anymore`. His suspicion is at this point they will listen. That still doesn't completely surround the problem because you still have to have go out there and nab them, which he is not sure what to do about that except the Administrative Adjudication System will be coming up in the City and will be one of the answers. The staff memo had a good idea about having a small volunteer force authorizing people to write violations for this. Ms. Lieberman wanted it known, as someone who ran around her own neighborhood trying to quiet these people down, now in the third year there is real hostility. They say we're trying to put them out of business and tell us to go away. Alderman Moran said maybe we can come up with some procedure to deal with it where we can identify them and proceed on that lasts without confronting them. Mr. Gemmell wished to comment something noted in every report they ve made is we shouldn't lose sight of the fact that the concern raised was noise and it turns out that as more and more of the landscapers are using safety keys and finding they can avoid problems with the leaf blower if they don't throttle up full. Their mower is going to be a lot noisier than the leaf blower running at low speed. The police show up to find a mower there and don't see any sign of anything else. There is a problem that in the longer run will have to be addressed although he feels steps have been made in the right direction w1h regard to other pathways, also the police have taken a more serious direction on this. If the Council comnues to support the idea the licensing of landscapers will have a significant impact in making sure they can't claim they didn't know, an easy out by workers. He'd like to see us move with this another year or two and see whether any of these other things can have a significant impact. Page 10. Alderman Kent appreciates what Mr. Gemmell said but would like to go back to the night that they passed this ordinance and vaguely remembers and wishes there would have been someone from the E,xnvirzznmental Board that would have made the same statements you have just made. That is exactly how he %--_�s now and how he felt then and personalhy finds this absolutely ridiculous as far as the police coming to errfor:.e this. He can name five or six other things that really take away from a person's quality of life in neighbort-, oods, besides someone working on a landscaping crew trying to legally make some money. He would like ac go back to something previously said by Alderman Moran regarding the Recommendations for Considerartoru Number 3, "if a higher level of enforcement is deemed necessary, consider developing a volunteer prcgmarn. -_.% and wondered how much, or if any, thought has been given to that. The simple reason is if we u`.'ex,3 have a problem, such as the problem he has faced for years with dumping in the alleys where truce+-s cc►rne near senior citizens homes or vacant lots and dump. We call the police on that and the police ask Vie residents if they have a license plate number or picture of the truck, etc., that was there_ If you have th= in place the police will go find that landscaper, this has been proven to help stop some of the dumpir'ig in his neighborhood. You say there hasn't been any discussion but those should be some ideas that wc.Uid go into a volunteer group. That volunteer group does not have to be confrontational, they can hand out flyers, or take the names and pictures of the trucks, which can be put on some type of notice. On the secard or third time around then they would get a visit from a police officer. He can't imagine a police officer going fcr the first time to a landscaper that may be coming into Evanston and not having any idea what the cFirer is talking about and that officer writing a ticket for the first time. The first time is usually a warning. These are some of his suggestions because he believes this should not be the responsibility of the police deparrnerr until the time it gets to the second or third offense. Mr. Gemmell said they have not seen those recommendations before and have not had an. Opportunity to consider them. They did not draft the ordinance, their recommendations are In the original ordinance that piggy backed off ordinances done by other communities in the area. One of the communities was Highland Park where the forestry department did a lot of unofficial reporting. They continue to suggest un their reports that other agencies within the City, as they move around the City, be asked to be alert to those things and respond without citations just to let them know that people are watching. Alderman Kent said they've been down that road before, too, because they're supposed to alert us to a lot of different things going on that we never see or hear about. Going back to the volunteer group that would also give those people in certain areas, interested in enforcing this, an opportunity to assist with some of those departments, you always have the police officers there for the end result, something that hasn't been done. Now you should start developing the names of the offenders to see what's really out there. Alderman Newman gave as an example of City workers' response, graffiti covering a large wall right next to City building where in a month hundreds of City workers go by it and nobody calls in to say tl-=re's graffiti on that wall. That's the type of thing you get when you ask anybody in the City to do something outside their responsibility. He made the mistake of forgetting about the graffiti on the wall and when he went back there it was on the CityBank property. Not one single employee had called up during that time he forgo: about it. While this is a great suggestion for somebody who doesn't have a lot of experience with the City staff, you will not get a lot of response from other City workers. Alderman Newman said he voted for this rrdir'.ance and when they had the discussion about police enforcement was in agreement with Alderman Ker» . Y.e felt from the beginning to increase enforcement was not going to work from what he knows goes on his ownWard with having to tow cars. His problem with this is related to priorities as he does not think there is sufficient coverage downtown where there are people with criminal records panhandling women for sigra-5cam amounts of money and not an officer to be found anywhere. To think about an officer spending half a day ;.o enforce this is not fair to the parts of the City that really need an active police force out there during the day and night. He does not believe its realistic to expect to enforce this and agrees with your comments its hard to `nd where this fits, but we cannot expect the police to do a better job than they are doing_ Also, he does not <now how the Administrative Adjudication will affect this. Alderman Feldman added not only do you have to enforce the license and get people to buy the license but the next thing you have to do is if somebody doesn't have a license keep them out of Evanswn. Vhat kind Pace 11. of a force is needed to enforce that kind of an ordnance when people don't have a specific location in the Clay. Ms. Lieberman asked if licentsing is just for Evanston based businesses and told it is not. Alderman Rainey commented Administrative Adjudication doesn't resolve the policing issue, somebody has to give the ticket. Once that ticket is given a police officer does not have to appear at City loll. The justice issue is resolved but the issue is compliance and how do you get the landscapers to comply. If they were given fines those who got fined would result in compliance. She read that once they get to ovum. because the brochure is unclear or ambiguous as to whether or not there is a fine or a violation of the ordnance that has presented a problem. Ms. Lieberman noted the brochure has been changed this season. Alderman Rainey said you will see an uprising if people's landscapers are taken away from under theTn. Alderman Moran added you might also see people comply with the ordinance, to which Alderman Rainey said that's the first part, compliance. Alderman Feldman said he had two constituents that called him regarding this ordinance, one Gs home during the day and this noise is extremely upsetting to him. He does not know what kind of contingency there is out there about these violations. Alderman Rainey said she sometimes works at home and next door three men come with three huge mowers making noise that far exceeds any motorcycle or leaf blower raise. She was not on the Council when this ordinance passed and did not get the benefit of that discussion versus the leaf blower. She did watch the discussion on cable TV and wondered why the leaf blowers were singled out, was it a chemical exhaust issue, Y+finch is the same with mowers. Ms. Lieberman said it is chemical exhaust, the disciple level is higher than the mower and drives people nuts. Mr. Gemmell added some cf this was also dependent upon when the ordinance was enacted and what was being used in various circumstances. Then we get to the newer and bigger machines not being used as often. The noise from the blowers can be shriller because they often run at a higher speed but we didn't address the issue because noise was not the way it was being addressed and we were not given a charge to develop a noise ordinance. We understand there once was one. Alderman Rainey said the entire issue of licensing and everything discussed merely creates a need for more enforcement. Alderman Feldman said one of the biggest most articulate advocates for strong enforcement is with the gentleman who was present at the last meeting. He was livid about our inability to enforce this. Alderman Feldman spoke to him and asked him what if the enforcement level could not be improved upon and it would be the same. His answer was to dump the ordinance because it is not being adhered to. The gentleman could not attend tonight and asked Alderman Feldman to speak for him and say we have an ordinance that everybody knows and believes might be good on the books if it were enforced and we all believe there might be merit to the ordinance but the lack of enforcement makes it a mocked. To have the ordinance hanging out there as an ideal and not be able to realize it is more destructive. Alderman Newman said there is a major complaint about passing ordinances that aren't enforced, but the police issue here is we know its enforcement but there is a difference between cities like Winnetka, Wilmette and Evanston in terms of being able to say to your police force, enforce this ordinance. The policy issue is whether or not we feel as an elected body this is something that our police force in the context of their very difficult job to be spending time on whether or not there can be a realistic expectation of the community the our police force is going to be enforcers. He thinks the answer to that is no, even though he would like to see enforcement he did not think and does not think now it is reasonable to ask this of our police force. Ms. Brenniman wanted to address a couple of issues, first of all these entities are going to be included under the business license and in that regard they will be licensed. When they get their license they will be given a copy of the Leaf Blower Ordinance which hopefully will help with enforcement. On another issue, this fall she did prosecute for Ms. Szymanski a few times, and there were a number of these tickets in court. She had fifteen at one call that were all found guilty and she made a point of telling the judge the minimum fine for the ordinance was $75.00 but he proceeded to find them guilty and give them a warning. Administrative Adjudication will solve that problem. She did notice the few times she prosecuted these there were a number of tickets on the call. Alderman Newman asked Ms. Brenniman if there is a differential in the bziness license fees for out of town businesses and was told there is not. He asked if we can charge any business you're Page 12. regulating that comes ire from outside of the City. Ms. Brenniman resp.�nded the way the business license is currently set up this would be applied to contractors, landscapers, etc., all listed. A liderman Newman said the issue then becomes whether or not any of that additional money lha; comes in whid"i the staff is needed for enforcement of the business ordinances is actually going to be devoted to enforcing ordinances as opposed to offsetting general fund expenses. This seems to be a categr-y that cries out that you actually use the money. Alderman Moran asked Ms. Brenniman whether this ordinance has to be enforced by the police department, and was told not necessarily. Alderman Moran asked if any citizen ccild do it if they took a picture of the truck and wrote the time and date of the occurrence, and turned it into someone perhaps. you a City attorney. Ms. Brenniman said yes they could. Alderman Feldman asked if they had to appear in court, to which Ms. Brenniman responded, absolutely. Alderman Feldman asked if this meant a citizen coubd take a picture and take it to the police department where a citation would be issued that %would require these people to go to Adjudication on the bases of some citizen complaint without the citizen ever having to go to Adjudication. Ms. Brenniman said she understands the way the Adjudication system works s that the individual who is cited has to disprove the charge they have. Alderman Rainey stated the explanation given to them in the committee was, for example the parking enforcement officer writing the ticket and putting it on the car was the witness to the violation. Therefore, the witness to the violation wrote the ticket and the ticket series as evidence that this was the witness to the violation. One of the things that the Police Chief and Traffic Engineer do is when neighbors see a speeding car or a car that goes through a stop sign, if they get that license plate, and send the Chief a note he will write a very firm letter letting people know, while this is a warning about the next time this happens. There has been fantastic responses to these letters. Ms. Lieberman said a citizen told her they reported someone to the Chief of Police who wrote the company a letter and sent a copy of the letter back to the person who made the report. Most people don't know they can do that. Alderman Newman said Administrative Adjudication will help a lot with this issue but you can't get away from the fact that enforcement costs money and if you're going to be serious about enforcing an ordinance you have to have a serious enforcing mechanism, the question is whether or not we're going to do it through the business license procedure. You will not have this ordinance enforced unless some specific City employees have the specific responsibility to enforce it, and as we found out tonight the police has not been the answer. it has to continue to be looked at. Alderman Feldman asked if it is the committee's wish to accept this report, are we going to act on it in some way, is anybody going to introduce a motion, legislation, or alteration. Ms. Lieberman said they would like to take the City's report back, read and analyze it and then respond. Alderman Rainey said one of the items in the report is the issuance of additional hours having to be put in, 500 hours is a lot of hours. Ms. Lieberman asked why the City isn't exempt from this. Alderman Kent asked Ms. Lieberman and Mr. Gemmell to please use some of the suggestions so when they come back to see us they can give us a response to some of those issues. A CONSIDERATION OF ORDINANCE 11-0-00 AMENDING THE CITY'S LONG TERM CARE REGULATIONS Alderman Feldman announced there is a motion before this committee to recommend approval of this ordinance regarding the City's involvement in long term care regulations. The facilities represented in the audience said they did not have copies of the final draft ordinance to which Mr. Terry said the only changes made to the ordinance were to incorporate some suggestions they themselves had made the previous week. Alderman Feldman asked Mr. Terry to go over what we're dealing with and how this differs from the present way in which we're involved with the long term care facilities. Mr. Terry said the City has on the books a 95 Page long term care ordinance in which the long term care facilities in Evanston have had a separate ordinance with the City for a considerable period of time. That ordinance goes into detail as to the staffing and other patient care areas that facilities in this community are expected to comply with. As a part of that there historically has been a separate enforcement process within the City involving inspections by public health nurses, nutritionists, sanitarians, with violations, if need be, cited by the City with the process in various mechanisms for enforcement of the ordinance. Representatives of the not -for -profit facilities of the community Page 13. approached members of the City Council during last year's budget process and expressed concern that certain Health Department inspections as well as the ordinance itself v%as duplicative of regulation by the State of tll"mois and perhaps the City should seriously consider de-emphasisrig a lot of the long term care regOation it does. The Council considered that and directed staff to reduce sta"ing in the Health Department for long terra care regulation and to try to have as many of these responsibilities transferred to the State of Illinois and do something with the ordinance that reflects those changes even though the Council has always beers desirous of keeping a local license in place. The first thing we did after the budget was adopted was to make staff adjustments. The second thing we did was talk to the State of (111hois and tell them we wish them to I:, -- the primary licenser vi thin the City. Also, prior to the adoption of the budget and subsequent to that we met With representatives of the long term care facilities in Evanston. As indicated in Mr. Terry's memo to the committee the interesting dichotomy is the for -profit facilities in the ccrnmunity took no interest nor have had any interest in the process. Those present at this meeting are representative of the not -for -profit facilities in the community who have taken a very active interest in the process. A meeting was held late spring or earty summer when a draft of the revised ordinance was done. There were numerous parts of the ordinance that the facilities did not care for and sent us back to the drawing board. We also met with the Commission on Aging a few times and talked to the Mental Health Board who has been aware of the process and came much closer to final draft. This past week all facilities were invited to come to a meeting to review that version and that version is 99% of what you currently have before you. At this meeting final suggestions were made. As indicated in Mr. Terry's memo the Mental Health Board did not suggest any changes, as residents of long term care facilities currently are not their priority area of interest. The Commission on Aging attended the meeting last week but thus far elected not to make any public comment. Vie are proposing an ordinance that is significant in changes. What the City will do, is maintain a local license but in terms of our visits to facilities and complaint and incident investigation we will only be advisory to the State of Illinois. The State of Illinois will be the primary licensing mechanism and it will be their decisions that are final and dictate a facility's license status. We vdll not have any local violation citations. Alderman Feldman asked if we will go in and inspect for something other than as a response. Mr. Tent' said that is not the anticipation, the only time we go in to inspect a facility is for fire inspection and food sanitation inspection. Out of the regulatory stream we also have a another very significant City staff presence in terms of the long term care ombudsman of the Commission on Aging who maintains a regular presence at all City facilities. Alderman Newman was trying to understand where we fit in the transition and whether this is going to change the transition. Before the changes were made what if anything did we do at Greenwood Care and Albany House. Mr. Terry said we conducted annual licensure inspections and investigated incidents and complaints at both of those facilities. Alderman Newman asked if we treat those facilities any differently than the Presbyterian Home. the Mather or the Wagner. Mr. Terry said Greenwood and Albany are still considered nursing homes within the State of Illinois and were not treated differently. Alderman Newman asked if in the interim, when staff was cut back, did we do anything differently at Greenwood and Albany. Mr. Terry responded, no we de-emphasized our role everywhere and essentially suspended enforcement of the local ordinance last March when the changes were made. Alderman Newman recalls when the budget reductions were discussed he thought we were not going to regularly inspect at the rate we were doing it but if there was a complaint we would still have the staff available to go in and follow up on the complaint and have some authority to deal with the complaint. It seems to him what is happening here is we are giving up the authonty, even without regularly inspecting, as that was in the duplication area If we get a complaint that somebody has not been doing something, we send our staff there and find there is a legitimate basis for a complaint, at that point where does that leave us. Are we giving up our ability to do anything related to the license. Mr_ Terry responded, yes we're giving that up independent to the State of Illinois. Alderman Newman asked if we've had that up until this ordinance, and was told, yes we did. Alderman Newman said he has a serious problem with that as he was completely supportive of not making everybody go through duplicate inspections and the very thorough inspections we did. He questioned our ability to respond in an emergency and the differential time the City could get there. It was made clear to him that the City could get out quicker in an emergency complaint situation and did not want to give that up but did want to see us reduce our staff because he felt we did not have to do as much on the regular inspections and has some concern to the extent Page 14. that we give that up. He wanted to know, since staff had been reduced list %%Jiat h.3s ct-arqeL- n regards to Albany and Greenwood. Mr. Terry said he was not aware of anythiri�j. .Alderman NeNr.-.X , asked what we're still doing, if anything, at Albany and Greenwood. Mr. Terry said the} area under the at e:,�es of the State of Illinois and we no longer do inspections there, and as ne indicatei rn t' s ntc nZo �Ine c; --'* d1ficulties we had was last March when it was discussed about doing a differential response? to %fn persons with mental illness versus geriatric facilities. The more we yoked at that issue, the 111or,2 zo,�emabc it became, according to state law a nursing home is a nursing home is a nurs:ra home Scrt-e .o:`i&-enbation can be made based on the population of the facility but for sane time the state has been 2ccAr-&7. at pulling these facilities out from public health, giving them to another agency and treating them We are not proposing an ordinance that singles those facilities out. A;derman Ne%%man said he has a cj-zoiem with this because he supports a budget cut on the representation from the staff that we were going = =ntinue to be in Albany and Greenwood. Going back to our original pos=n he is not sure he �%ould ha%t s..cported a budget cut considering what has been going on as he would have tried to clarify that the,lo a-zud still be inspected by City staff and we would still have a presence there to make sure those fac31dtes ,,%,L�e property managed. It is absolutely critical to this community that those facilities be properly managed Vsna: you are saying is we had some meetings about the ordinance and had an expectation as the Council Mose two facilities in particular were going to continue to be monitored and inspected but sometime dunrrg trae year all that got taken out. How would anybody on the Council know that. Mr. Terry wished to distirg-j:sh between inspection and regular presence, we have and continue to have a regular presence In those M-o faa.lities but right now its done primarily through Nancy Flowers who works under the Commission on Ag:;ryg. We know what's going on in those two facilities, we have a much lower regulatory presence in those r uo buildings. Alderman Newman asked if we pass this ordinance are we gyring up any authority whatsoever to deal with Greenwood Care and Albany House and find that the management of those two buildings is not up to acceptable levels of management in that field. We're giving up authority independence to the State of Illinois. Alderman Newman asked if that's the only option we have left. Ms. Brown said the state let us know when they did the inspections at Albany and Greenwood and we went in with them for their inspections. We still receive incident reports from them but have not received any serious incident reports, if we had we would have gone in. Alderman Newman said just because we're not getting complaints today it does not mean we won't get them tomorrow. He's trying to understand whether we're diminishing our authority to be able to make sure the standards of care in those two buildings are the standards we expect and what the industry expects and wanted to know if you're saying this is the only alternative. Mr. Terry said that's not the alternative of regulating long term care, what we struggled with is how to separate those two buildings out from the other nine or ten and how to have two sets of standards for those given the overall direction of having the state be the primary regulator. The other thing we struggled with is if you are downgrading your local enforcement at what point do you still retain some independent mechanism within the municipality. This probably was only dropped a month to six weeks ago in terms of being one of the items in the draft ordinance. If we're letting the state do everything, or most of everything, and at the same time we're retaining A,B,C, violations, that does not seem to be a workable option either. There is no easy answer in terms of scenarios. Alderman Newman said people in nursing homes sometimes do not have family because of the age they're at. He knows we have some very outstanding operators and have a lot to be proud of in this town in terms of nursing care. Speaking for those facilities in his Ward he can say they are great organizations but he can't necessarily say that in the history of Greenwood Care and Albany Care. He recalls the situation we had at the Wagner and if we did not have a local presence there would have had a complete disaster for the facility and the neighborhood. We went in there and cleaned it up and appreciates that the Mather came in and bought it. He's still at the position where he doesn't want duplicate inspections done but hasn't left the position where in emergency situations we can get there sooner than the state. We still want to do that to have some authority under our ordinance to be able to deal w;ih violators. He would like the Commission on Aging to know as much as he respects their work, he expects to hear from them on this issue whether they are going to recommend to us that we turn this completely over to the state. There are issues going on in Albany Care and Greenwood Care that have been going on for twenty years and the management goes up and down, sometimes great sometimes not so great. Both bu;ldings can be sold and taken over by entirely Page 15. different operators, and the people in those building without any relatives will have to write to Springfield instead of going to Ridge Avenue for assistance. Up until threeyears ago there were obscene inadents and panhandling occurring in those areas, those are major issues. Alderman Feldman agreed with Alderman Newman and wanted to add that as long as he has teen on the Council the first five or six years when he was the Council's representative on the Mental Health Board the impetus for City commitment and involvement came from the community spearheads by the Mental Health Board and supported by the Commission on .aging. They were the people who arb=fated the need for a commitment on the part of the City backed up by a stringent ordinance and an enforcement agency with inspectors to do the job. During that time the bong term care ordinance was rewritten :o be able to affect the kind of situation we are now discussing. He realls those dark days when people were threatened and there was even a death or two. It was a terrible and disastrous situation and at that time oeople felt it was up to the City to establish its own standards far abc%,e those that at the time purported, abdxated, or required by the state. We said these are our institutions. these are our people and we're goirq to enforce a higher standard to insure their care. Somehow or other over the last five or six years that kind of interest, dedication, purpose, and willingness to intervene to maintain a higher standard seems to have diminished. He's not saying this happened based on members of the Council but certainly seems to him diminished in true leading advocates for that intervention, that was the Mental Health Board, and the Commiss.on on Aging. He's not certain what the reason is, maybe they have a greater faith in the idea of state inspe-ion. Another reason may be the idea that given they have improved but not to the point of our inspectcr-z. does the difference present a danger if we abdicated that difference, does it present a danger to the peop�_- in these institutions. To him these are reasonable questions, but he thinks what's missing in all of this d�scussion is the lack of community participation. He does not see anybody in attendance from the Mental Health Board nor does he see anybody from the Commission on Aging. He doesn't see people talking about the issues, he only sees representatives from the facilities that might bee affected, but no one else. Alderman Feldman asked, who here speaks for the person who might need this kind of regulation, he doesn't see anybody here on those peoples' behalf. Alderman Rainey commented that Mr. Terry's memo says the Mental Health Board provided little input because they no longer assign a liaison and this is not a priority population for them. However, the Commission on Aging did monitor the process closely so they ,were involved and they did make a comment. What she wants to know is what is the point of emergency inspections or inspections based on complaints by the City, what outcome do we produce, what is the process versus the new ordinance. Mr. Terry said the outcome of that would be assuming the staff goes in and conducts or views an investigation, we would do two things with that information. First and foremost we'd share with the State of Illinois our interpretation of what we found was going on when we went in and we encourage them to do *X." The second thing we would do is communicate to the facility operator what Yee found and that we believe these steps should be taken to improve care or address this problem. Alderman Rainey asked what is your expectat)on and experience with the state's response if you're called out on an emergency, what is the likelihood of the state responding, not on something being blown out of proportion but a true emergency. Mr. Terry said we've had both good and not so good experiences. In terms of an emergency it is often follow up to an incident having occurred and it becomes a matter of preventing something similar in the future. In a true emergency when there is life - threatening care, he believes the community has other mechanisms to get into a faci'^y_ Also, we would call anyone from the state who needs to be called to get out right away. Alderman Ramey said based on this discussion it seems there is concern that the state job of inspecting and maintaining a high quality of care, support and operation, is not as good as it would be if the City did it. She does not have any pre -conceived notion that the City did a better job, in fact she's heard rumors of the opposite that it wasn't very high quality or professional. She's sure instances can be cited on the state's side, but her actual question is if the state is doing a bad job in providing these inspections. Mr. Tent' said. across the board, no. and he would certainly admit to unevenness on our part. There certainly are times when the City did an outstanding jot?, depending on the situation and there were some difficult issues we had to deal with last year. The same holds true for the State of Illinois, the outcome depends on how good the inspector is. Alderman Rainey said if we had a true emergency it would be hard for her to imagine the state wouldn't respond. Let's say it wasn't an emergency but simply a chronic complaint of residents within a facility, or families within a facility, about a Page 16. certain ongoing situation that we would consider a compla-Ent based inspection. How carp we resolve something Ike that and how does the state respond in that type of situation. V bat kind of responsRe would you expect in Albany and Greenwood given this new ordinance and what could we do. MS.Seals said the ordinance that we presented does not entail any enforcement but with a complaint we're obl'+giated to go in and investigate regardless of how serious, or not serious, we go in and do a thorough invest ization of that complaint and interview all the persons we would need to. We would then write up the report & our findings and give that to the administrator of the facility and the state. She would personally call the S=jervisor with the State and inform them of that report and forward it to them immediately. That would be their. procedure. Alderman Rainey asked what has been the experience regarding a response. Ms. Seals said they have been time held. Ms. Brown added the state had not gotten there as quickly as we and had not reviewed the situation as thoroughly as we had. Alderman Newman remarked under the previous ordinance we had the right to revoke a license. do we also have that right under the new license. He was told by Mr. Terry, not independent of the stag. Alderman Newman noted his reason for supporting reducing the staff and not having our local people a!A there was because he felt there were additional operational expenses needed to meet both of these inspections. The state inspection was thorough and as Ms. Brown said they will not be as quick as we are and he ;is concerned when we have a complaint we find serious. Several years ago the Mental Health Board advocated that Greenwood Care and Albany Care be built and operated in cur community, part of the theory to integrate those with mental illness into the community and there is a responsibility continuing to make sure that those buildings interface properly with the neighborhood. He did not want to give up the authority Oo be able to revoke a license nor did he think we were giving that up. He thought by us going in and responding to a complaint if we found an egregious situation and he wants to repeat just because we don't have an egregious situation now doesn't mean we won't have one. For example what happened on Foster within she last six or seven years, a complete disaster for the people in that building that was cleaned up by the Cit;,, of Evanston not the State of Illinois. He does not want an ordinance to be going back to the old inspection policy and likes that change, however he does not know why we're giving up our authority to revoke a license At this time his interest is not in the operators of the facilities, the operators have benefited tremendously over the fact that we have stopped doing dual inspections. That was their major complaint and he wants to know why it's in our interest to give up the authority to revoke a license. Scott Swanson, Director of Mather Foundation Wagner Health Center, wanted to correct the fact that the change seven or eight years ago at the building at 820 was an ownership change. The Mather Foundation purchased that building out of bankruptcy. There was not only a change in ownership by the Mather Foundation bringing in top quality management but a commitment to make the change to Wagner Health Center. It was not the City or even the State Alderman Newman said he was not taking credit away from the Mather Foundation in terms cf purchasing that building but as he previously said the Mather coming in soh,fed the problem. When the Matter purchased the building we had been dealing with that building for number of years. The Mather was the solution and he will admit as a City we could not have independently cleaned up that problem as there were people in there identifying it long before you came in. Mr. Terry wanted to touch upon another issue, he, Ms. Brenniman and all the staff involved in this struggled with what do we do. We've had this system of ABC violations which has tended to be cumbersome and created a lot of administrative problems. We thought about moving to issuing tickets for vicilations of the ordinance or do nothing for interim violations but we retain independent license revocation. Alf the pros and cons were weighed and it was decided to have the state be the decider of license status. .hiss this morning he discussed this with Ms. Brenniman and that there is good and bad to this situation without there being a total comfort level to it. The range of alternatives was the one they came to because since the state is doing everything else, let the state be the primary determiner of the license. Alderman Feldman asked if one has the ability to revoke a license there has to be a legal set of standards by which that revocation is judged. There has to be an ordinance that says these are our sta.ndards, there Page 17. has to be staffing levels, individualized resident programs, health, safety, and cleanliness issues, etc. Once we have that the question then how do you knc-.w whether or not anybody is abiding by that. In the past we said if these are our standards we're going in to determine whether or not they're being abided by. It's not good enough to have to go in after some complaint or violation has occurred, what you ha. a to do is inspect in order to prevent these occurrences. What vie had done was maintain and enforce a standard. Mr. Terry indicated enforcement is cumbersome and had not atways been easy, it required a staff and was imposed on an already set system of inspection and enforcement that the state has. He thinks we're now back to square one. Alderman Feldman asked Ms. Brenniman how do you preserve the right to writhdraw a license without having a set of standards and a system of inspections to enforce those standards._ Ms. Brenniman said you must have a set of standards. if you wish you can drop the state st ndards and have your own independent set of standards. If you're going to revoke a license you must have an internal procedure and there must be a set hearing procedure, something we used to do. She used to hear those hearings to enforce both state and our own regulations. In some situations our ordinance went beyond the state because we had the home rule power to do that. We never took any action without a hearing and the procedures that are built into the hearing. Alderman Feldman noted the hearings were based on either a provocation report or inspection and evidence needed to be gathered as part of the hearing. Ms. Brenniman said that is absolutely correct, they were based on the annual survey, violations that were observed during the annual surveys, or complaints that were investigated and written up. Alderman Newman commented an ordinance can still be enforced even it we are not there regularly for inspections. If the City of Evanston no longer has the ability to revoke the license of Greenwood Care or Albany Care they can thumb their noses and tell us to go write a letter to Springfield. H: did not think we have to get rid of any of the standards we have if we make the decision that we will not regularly inspect. However, if we go in on a complaint, find things are not in good condition, and are not getting any response from the particular administration that might empower Springfield, we then have our own independent authority to go and do whatever we want to do in regard to a license. He thinks we should keep that. His concern is not with the Presbyterian Home, St. Francis, or the Mather, his concern is about our experiences with Greenwood Care and Albany Care. Alderman Feldman asked for a legal opinion of whether or not we can have an ordinance that requires certain standards and only go in after the fact when somebody informs us something has happened. Ms. Brenniman responded, yes, that can be done if you choose to do that. The City of Chicago has a situation where a primary inspector can go in and cite a violation. The City of Chicago also has its own license for long term care facilities and has retained their authority to revoke and suspend with a hearing procedure with everybody involved in it and has the person power to do that. They do inspections but she cannot say what the extent of their inspections are. Alderman Feldman said then there is a way to maintain to set a standard to be able to go in with the state for one inspection, rather than two inspections but the standards might be different. He asked what would happen now that vie have adopted the state standards and the state inspects something that we say is a violation. If the state denies the violation and we maintain the violation does that weaken anything in terms of prosecution or determination. The residence can say the state says we are in compliance but you say we are not, you want to take our license away. Does that diminish our ability to enforce our standards which happens to be the same standards as the state. Ms. Brenniman said if you put it that way, to a certain extent, yes, is would in essence we would be deferring to the state. Alderman Feldman asked if that would only happen when our standards were not those of the state. If we had separate standards then the state isn't judging us and we could say to the facility they clearly have these violations and the state would have nothing to say about it. But if we adopted the state standards and maintain the same requirements for each facility that the state has we are then in competition the way we perceive the issue and the way they perceive the issue. &1s. Brenniman said she knows the City of Chicago has dual licenses with the state and has dual enforcement, she does not know exactly how they work that out, but can get additional information about that. Alderman Newman gave an example regarding placing all this faith in the state, using liquor violations. It is extraordinarily difficult to get a liquor license revoked by the state when the state gets involved. There may be great local reasons for doing this and the way they see things are not necessarily going to be the way we see things which is the reason we have this ordinance. We have made a tremendous transition going from pa.ze IS. doing regular inspections to the point where we were this year. Though »re did not makti regular inspections and just went in on a complaint basis, we did not turn over our authority to the state which to a big temp to him. Tonight for the first time he's finding out that Greenwood Care and Albany Care were gong to try to maintain some mechanism there and he's not faulting anybody for that. If we're ever concerned about any .interaction in the neighborhood with a six flat of busing Options for the Mentally III, he does nc: how we can't be a hundred times more concerned about a building that has a hundred more people and happens tc be in only two Wards. He's not concerned about any buildings the Mather operates as they do a terrific job He does not have as much experience with the Presbyterian Homes or St. Francis but assur-nes they aTl do jobs comparable to the fine job the Mather does. If this means we have to keep this on everybody in order to keep it on Albany and Greenwood he would grant to retain the ability to revoke on all the faci'ities. Theexefore, he does not plan to support this ordinance-. Alderman Feldman absolutely wants to contact the Mental Health Board and the Commission on Aging and wants them to look a tonight's dialog. the minutes from this meeting, the ordinance, and come to this committee with their advise, consent, and advocacy. Even if there's a disinterest he %011 understand as he thinks its important that the very people that were assigned the charge of dealing with the issue weigh in and not be absent from this kind of delibemlon. If the Commission on Aging has said something he has no idea what they said. He also wants to knave what they would think about not having any ordinance at all, just abdicating altogether and saying we're;eaving it to the state. Alderman Rainey commented that's not on the table so why would you want to know about that. Alderman Feldman said because agencies have supported that and say there is no reason in the world to duplicate inspections and he's yet to hear a social purpose from anybody in the community that's being served. Alderman Rainey wanted to know the details as to why this home rule community cannot identify Greenwood Care and Albany Care for a different kind of license. Ms. 6renniman said she would have to look into that. Alderman Rainey said she has the sarr•�e concerns that Alderman Newman has about those two facilities and thinks that is where we should focus ot..r efforts. There has to be a way a home rule community can license them in some different way so that we can continue inspecting them. She would like some background information on how many times we have revoked a nursing home license which put them out of business. Mr. Terry said there were conditional l.)censes on hold for Saratoga and Albany. Alderman Rainey asked when we did that did it close Albany dorm, at that time it was known as Ridgeview. She was told it did not. Mr. Terry said one of the things having our own license does is give us information in terms of who the owners are, but the management of information is an issue related to this and cuts both ways. It is always offered as a bully pulpit in which it could say quality of care in an institution and is something the community stands for. There have always been reports issued by the Health Department. often not as timely as they needed to be, giving us an annual document of r�hat the facilities looked like. The facilities will argue that the results of every state inspection are available on the Internet within two or three weeks of the inspection. which is true, but there is a limited audience for those types of reports. The downside to that, from many conversations with the facilities, is they are very concerned about their reputations and how the news of every incident gets played. Ms. Seals makes a report to a Subcommittee of the Commission on Aging of what she found during a certain period of the inspections. The facilities are very concerned that those results appear in the minutes of the Commission on .aging without their opportunity for rebuttal. Just this past week he heard, without mentioning any facility names, that his comments about our past years experience was a cause of concern. Whenever there is lc,cal reporting about what's going on in any of the facilities he knows a number of facilities have concerns aoout how that information is handled and transmitted from one body to the next. We have dealt with that issue over the years but that's remains an issue that is just out there. Alderman Newman requested a history of how the Greenwood Care and Albany Care buildings got zoned. Several years ago he read that the Mental Health Board was instrumental in advocating those buildings be brought to Evanston. We don't license Noyes Court, The Perlman Building, or Primm Tower, but wanted to share an experience he had at a meeting with staff of Noyes Court. One of the issues throughout the discussion, when residents were complaining, was this is an independent HUD building and.we do not regulate this building. An hour and a ha`f was spent telling the 30 or 40 residents in attendance what we could Page 19. not do for them. Alderman Newman asked the administrators if they feel there has been an improvement in the last year when the local inspections were done away with, in addition to the state. Dave Benni, King Home, said he was inspected more thoroughly by the state this year than in the thirteen years he's been operating. Seven iinspectors came in the first day, were extremely thorough, and went through everything, even though we are a very small facility. The standards of the state has risen considerably based on paper mandates over the past few years and when we compared the state standards with the ten year ordinance of the City of Evanston we found out that state has raised heir ordinances high or higher than the City's was. The state has caught up and there is a lot more in our irdustry that has forced us to do things to our own self quality control, the type of thing that has made for places such the Wagner and Presbyterian to be great facilities. Alderman Newman remarked, then you're happy we're not doing the same inspections we did in all the years past because you don't have to spend so much staff time walking around with the inspectors. Mr. Benni replied, that's right, but his facility got inspected by one not by both where the other facilities had different licensing and got inspected by both. Alderman Newman asked if we give up what does the current form of the ordinance do for you compared to where we've been in the present }^ear. Mr. Benni replied it just changes who he has to report back to when things are found wrong, versus not reporting back to the City of Evanston he reports to state and has to go through the state process. The work he does is going to be very similar but accountable in the same way. Alderman Newman asked if it would it be an additional burden to you if we continue not to inspect but still have the right to revoke your license. Mr. Benni replied it would be an additional burden because if someone revoked his license he would assume if it was that severe the state would be looking at him in the same way. No facility will have its license revoked and t;-grow residents on the street without making plans for corrections and changes to be done in order to maRntain their stability. Alderman Feldman said that was one of the issues regarding closing facilities, what to do with the residents. Mr. Benni said when he came on board he was told the City of Evanston came up with home rule ordinances to try to eliminate some of the problems and trials of facilities in the City and that never happened, they had proof but never did anything. Alderman Newman asked if we just locked in the standard of high level and having all good operators. Mr. Swanson added he went through both inspections for Medicare and the state and City license. During the last three years his staff has more time to be with the residents because they did not have to spend much time with inspectors or doing duplicate surveys or even elongated surveys. The state is more punctual in their response. They will get back in two to three days with their findings of non -findings on a complaint investigation. With the licensure survey they get back to us within about ten days witch their final findings which they adjudicate in Springfield and if we have to we have ten days to right the correction. Within thirty days, tops, you know exactly what has to be corrected. In some cases with the City it could have taken months for an annual licensure inspection and sometimes elongated by several months just to get the final results, something we can all attest to. It's been abetter quality of life for our residents as well, our nurses can get back out with the residents doing care issues instead of trying to file two different sets of records. Two different sets of records for licenses required cross references and we had to make sure which was which and wrestle with that every time for the two different inspections. The state is doing effortless jobs the City would do and he thinks the state's record is just like the City's in they have not been successful in closing down facilities. The problem is the facilities you want to close are usually 'Medicaid Mills" aid not quality facilities. Now, if you have a good track record the state will not have to come in every year for licensure inspections, which all of us here fall under that category. Alderman Feldman thanked the administrators for their attendance and input and announced this discussion will continue if there is anything you need to tell us we'd be happy to hear it. Page 20. VII. CONSIDERATION OF A REFERENCE TO REVIEW THE CITY'S EMERGENCY ASSISTANCE SERVICES Mr. Terry said this is a reference that grew out of last year's budget process and was held over from last month's meeting. A memo is included in the packet to help answer some of the basic questions about Emergency Assistance and Joyce Thomas, Luticia Barge, as well as himself will answer any questions you might have. Alderman Kent complimented Emergency Assistance on the job they're doing and said he is not the only Alderman that has spent a lot of time on the phone or coming into the office because tt•.ey have a constituent in need of some assistance. For some time a concern of his was related to program trends and issues because as the City has increased its pressure on problem landlords members of the tarty Council suggested that certain landlords be placed on a list whereby no Emergency Assistance checks would be issued to them. They're asking for some suggestions on this problem. In relation to this three things came to mind from an experience he had and previously discussed with Ms. Thomas, dealing with a landlord where a tenant was removed and then placed in a home with another problem landlord. He has a lot of deaiiings with Ms. Haynes of Human Relations and Mr. Wolinski of Property Maintenance, and thinks there is a huge list of landlords that provide substandard housing. He does not know if anything like that is shared with Emergency Assistance but when we have landlords building records with the Police Department as well as Property Maintenance, that are moving tenants around illegally, constantly collecting rents. and have entre buildings with the electricity, gas and water is cut off, we should know who they are. He does not think &l ere are that many but we can put an asterisk by those filthy, nasty, landlords' names. His reason for wanting such a list is if we have a tenant in a crisis situation, even though we're trying to find them a place to get them out of one situation we put them into another situation with an abusive landlord, that does not help anyone. These people tend to come back to Emergency Assistance for various reasons. There seems to be enough criteria out there that we can start attaching it to these people and to some degree Ms. Haynes already has, but maybe not to the severity we are not discussing. There have been numerous abusive incidents where landlords have beat the tenants up for not paying their rent and then throw them out without any regard for the law or what the City of Evanston stands for. Anyone that steps over that line, it does not matter to him whether they have a good building or a bad building, as far as Emergency Assistance is concerned we should draw that line around them. There have been some discussions with Ms. Thomas regarding this but realistically we do not how that can be done. He would think there should be a way to get some very stiff standards being violated that we can keep track of. Mr. Terry said he would certainly make a point of talking to Ms. Haynes about this. Jug this evening he and Alderman Rainey were discussing if the City should license landlords. We can then Provide assistance to licensed operators or something under that order. The difficulty is its always been a policy not to tell people where to live and we do not steer them to one building or another, we have always stayed away from that. When people come in and say they have found a new unit in a certain area and they otherwise qualify, how do we properly tell them we don't like the landlord of that building. Alderman Kent wanted to follow up on what Mr.Terry said and would justify that we know it's a hellhole, this is the proof we have and the situations the City has been in with it. Most people that come to Emergency Assistance are truly in need of help and in order to do that and complete the service we provide for them we could give them every bit of knowledge we have. Most people that come to you are honest without trying to get something for nothing and would appreciate that. Since we are giving them funds he does not feel that is steering them to a certain place but protecting them from a predator. Another thing he would like to discuss is the staffs working with some of the people coming in to solicit the funds for one problem or another a, some cases have not necessarily been justified and have actually been trying to play the system as a way to get money. He knows you have denied people funds which a lot of that is knowing who's out there in the community and who you've seen before. Alderman Rainey acknowledged how busy Ms. Thomas has been the past few days regarding the families that had to be evacuated from the 321 Custer building that was closed down. She asked if we are working on some type of formal process for situations such as this because given what she and Alderman Kent see thinks we will be seeing this happening from time to time. The unfortunate thing is :he closing down and Page 21. evacuation of this building occurred at 3:00 on a Friday afternoon, when Housing Court takes .place, whnch is court ordered and leaves no choice. She thinks it would be agood idea to put in place some formal Process when such occurrences come about. Ms. Thomas respond, yes, she does thing it needs a prods but that particular case was opened this summer, they first heard about it in May. All during the summer tenants were leaving the premises and they had to move some tenares they are no%v working wiln. There are tenants that just moved in two or three months ago. She thought the landlord felt while the building was empty it was vulnerable. In interviewing some of these tenants, of the .hirteen units, eight were occupied, they ware finding a concern with eligibility of the tenants. There are peopie squatting in vacant apartments. Orne of their problems is they see horror stories going on there. The process began with another department, as this is not a new situation but one that has been dragging on for some time. Alderman Rainey asked who tt is was communicated to back in May. Ms. Thomas said it was communicated to her by the Inspection Department. Mr. Terry added another factor is the Finance Department, given the outstanding water bills of this building have been quite extensive. On one hand we've made great strides on interdepartmental cooperation and coordination, on the other hand we still have a long way to go because we also have departments with different objectives. The Finance Department wants to collect the water bill no matter what, we're interested in making sure the tenants have a decent place to live no matter what, Community Development Department sometimes wants the to do the eviction and sometimes wants the building to bee fixed up. Coordinating those different objectives sometimes becomes the challenge. Alderman Rainey remarked this building is a classic case of receivership, which she talked about to the committee. We should have proceeded on this case much earlier, btA we did not. This building first became known to her in October, when after sitting down with the owner, it was very obvious she was incapable of doing anything, much less running a building, the building should have been in receivership right at that time. She heard staff members telling the .fudge, yes we have a program: for relocating people, which we really do not. We can put them in a hotel but we're at the mercy of the housing market when it comes to getting an apartment. She understands one of the people in this building is a woman with eight children including a five- day old baby, living in a two -bedroom apartment. Some of what we discovered in this building goes to the issue of licensing. She knows your department is working very hard and this was a horrible thing to spring on you. She appreciates whatever Emergency Assistance is doing. Alderman Rainey inquired regarding the 567 unduplicated households you serve, a tremendous number of households. Ms, Thomas noted, unfortunately her facts and figures were accurate. Alderman Rainey said we know these are people you actually assisted and has nothing to do with the 2000 applications you reviewed. Ms. Thomas said they have people they work with in the counseling area to work up a plan of actions. People come to them just for process instructions on how to move through the system of unemployment, Social Security, or TANF, before we actually start to move them through the system. It migh_ be two conference sessions before they're actually qualified for some assistance. Besides that group there is also a group that vie deny help because they do not qualify for the p,,ogram for one reason or another, bu; records are kept on them. One of our qualifications is Evanston residency of one year, another is income driven, poverty level income. Alderman Rainey asked if there is still the requirement in order to help with housing costs the person has to be on a ten-day notice of eviction, and was told yes that is the requirement. Alderman Rainey wondered if that has ever been re-evaluated, and was told by Ms. Thomas that is for our maintaining people in a unit they are in and to prevent them being evicted. Without that document there is no way for us to have legal information on the situation. Alderman Rainey cited as an example, if someone came to you with a ten-day notice that had $1,500 in outstanding rent due from their $500 a month apartment, and the landlord wailed three months, as he did not pay rent for three months, do you help that person. Ms_ Thomas responded, no, we evaluate the income of the individual and why they did not pay the rent due. Alderman Rainey said she understood when she used to manage residential property in Evanston she would frequently have some of their finer tenants, who were having trouble paying rent, come and ask her to please give them a ten-day notice so they can get some help with their rent. She knew unless the amount is one they could cover you would not help, but once it gets beyond the point of no return you do not step in. Ms. Thomas said they have a number of those cases. Page 22. X Alderman Rainey had a question regarding whether Emergency Assistance refers many people to vhxat we used to know as Cook County Legal Assistance Foundation, and do you have any experience or feed back on whether or not they were able to help them. Ms. Thomas said they do send a number of people to them but she would have to tract whether or not they received help because sometimes people do not came back or the issue is from a legal standpoint other than our services. Alderman Rainey asked what happened to CAPE. Ms Thomas said CAPE was for our senior citizens to be able to receive $500 for utilities. We need another CAPE. Alderman Rainey asked if a record is kept of people who have utilities shut off. Ms. Thomas answered, only for those that come to them for assistance. Alderman Rainey was interested to know if Ms. Thomas was aware of any people now living in Evanstcn vMh utility shut offs. Ms. Thomas said, no, but there is a way for them to find out, NiGas keeps a list. Wha3 they experienced in the pas is that list frequently changes as 4 is a continuous roll over. Alderman Feldman asked if it known how long the average disconnect is, Ms. Thomas said the only way they would know if someone is without any utility service is when the tenant themse'ves calls in or those people are referred to their office as part of their referral process. Alderman Feldman said the issue is not whether they're service is on or off, the issue is people who are totally unable to pay are shut off until they can find resources from the community. Mr. Terry said NiGas would give us infocmation about specific clients but are very reluctant to give us a general list_ Alderman Rainey thought that is too bad because she is certain there are shut offs in the community, Alderman Newman appreciated receiving this very informative memo. Regarding the issue of theTownship he agreed this is not the time to consolidate but does not think just because the population is different, single people versus families. it doesn't change in terms of the percentages of the administration portion of both offices. We might ultimately be breaking it the other way as he does not know what all the options vAl be. He does not know if the Executive Director, who is nci here at this time but he can read these minutes, appreciates the budget situation on our side and does not rule that out as he still does not know the options. Mr. Terry said they rrnll work very closely with Township staff but thinks that City staff will have to develop some of the other larger options in terms of potential implications. It was not clear to him tonight how many of those options they're willing to consider in the first go around and he will be in contact with the committee. Alderman Feldman thanked Ms. Thomas and Ms. Barge for their attendance this evening. Vlll. CITY OF EVANSTON COMMUNITY HEALTH PLAN SUBMITTED TO ILLINOIS DEPARTMENT OF PUBLIC HEALTH Ms. Brown reported this is the stipulation step in our process for certification with the Illinois Department of Public Health and is a part of the local health department requirement. The health requirements for the entire nation is to maintain o.=rtain standards and the standards of Illinois are in their code for statewide facilities that we take care of. The process is called Illinois Process for Local Assessment of Need (IPLAN). Each community is to look at that to determine through statstics, community perception, and other things going on what the actual public health problems are, then develop a plan for addressing those problems. This was done five years ago and this is the second go around. The problems that were identified are the same except for the one thing that changed instead of age being third priority in the 1994 process. substance abuse is seen as our third priority in this report. Chronic disease is the number one priority, heart attacks, coronary heart, uncontrolled hypertension, is still what's killing people. What we do as a public health practitioner is to work at the preventive aspects of that. Much of our attention is what do people do as a population and individually to help prevent some heart attacks and uncontrolled hypertension going on and offer a lot of thoughts and ideas on how to work with that. We will work with small businesses that we feel are not getting the message and large businesses to develop and implement educational programs. Our second priority is violence, we're looking at elder abuse an overlooked area, not necessarily elder abuse in long tern care facilities but other kinds of situations in homes, as we received Metropolitan Family Services data on that. There are a lot of problems with the sandwich generation, people in their 40's and 50's, dealing with elderly parents and being able to deal with the different levels of care for them. There are people dealing with their parents, their own children, their grandchildren , that is causing a lot of the violence in this five-year Page 23. period. Alderman Rainey asked about spouses caring for spouses, as she has received calls fry a healthy spouse caring for a spouse with Alzheimers; Disease and the frustration it causes. Ms_ Brown saw we as a community need to look more and more at what kinds of services are being offered and being ab re to help people. We talk about children going through stages of development but we really have to dealLl wrh people of all ages enduring all types of situations. We work with Metropolitan Family Services and the C,,Ynmission on Aging to try to help put together some services for our community to identify the problems to completely address right now. The third priority is the substance abuse issue. We were working with the Mental Health Board fats: fall, when they were looking at drugs and drug exposure, on identifying ways which we can use a ptan of irervention, as there is so much illegal drug use in the community. We put the increase of general use in tyre IPLAN which is also happening nationally . Marijuana is a!most expected, we're still doing our thing w-21 tobacco. We're currently working on a survey at the high school about substance abuse, which we also dfd frve years ago. Alderman Rainey commented that Mayor Daley and some of his people were beginning to conduct a campaign to outlaw the sale of the little biddies and wanted to know if those are governed by t; , e no minors sale, she was told they are. Alderman Rainey said she spoke to one of the most vile shop owners on Howard who sells roller papers and all sorts of drug paraphernalia, about not selling those and he told her if he did not sell those he would go out of business. That gave her the idea of an ordinance and she asked Us. Broom if she would support an ordinance to outlaw the sale of these little, brown, fat, foreign, fruit flavored cigars used primarily by people involved in drugs. Ms. Brown was definitely in agreement to such an crbmance as these are usually marketed for children. Alderman Rainey said she has been in Brummel Park Y&jere 12 year olds were puffing on these. Both Alderman Feldman and Alderman Newman were in agreement to having an ordinance to put a ban on the sale of these cigars. Ms. Brown noted another problem seen that they are involved in is youths buying cigarettes and cigars that are laced with marijuana. The issue is to keep up with all these things going on on the street. Alderman Feldman wanted to know how these issues are translated into community action, does this recommend a legislative approach, is it an educational thing. Ms. Brown said they are currently talking about an educational approach by earmarking community groups to bring that message to and be able to talk to people one on one. Alderman Feldman asked if they're able to meet their objectives by doing that. Ms. Brown responded that is part of what we're doing. The whole process is not just the Health Department but includes Evanston Hospital Community Wellness Programs, St. Francis Hospital Community Wellness Programs, the high school and elementary schools. We have a presence in all of these programs to bring this information forth. Also, legislation is a large part of this but we have not moved toward any legislation except the Tobacco Ordinance, 4 or 5 years ago, but if there are places in legislation that can be identified we would certainly want to move on them. That would be to write memos, do community education and work with community groups. Alderman Feldman asked if each of the programs is a coordinated approach or a shared value that you depend on specific agencies to implement. For example, at one time are you doing hypertension and another time doing chronic diseases or drug abuse, etc. Ms. Brown said they are currently doing a public health program called `5 and 8', that encourages adding 5 fruits and vegetables to their already existing diet, one little thing that can help by controlling diet and adding some exercise. Alderman Rainey said as she looked through this information the issue of violence kept coming up. In the executive summary the health problems in order of priority are, chronic disease, violence and substance abuse. She thinks violence and substance abuse become second and third reasons of health problems in priority order speaks volumes to the situation we find ourselves in and she is certain that most of the violence problems are in some way related to the substance abuse problems. She wonders if there is any connections with the police department on the issue of domestic violence and battery in this community. Ms_ Brown responded they do not work directly with them on domestic violence, they try to identify what is going and help work with the prevention of it. Alderman Rainey said one of the things they do in South Evanston's approach to the housing problems is when we have a particularly bad building get a printout of a six month period of police calls from an entire block. In the course of looking for specific incidents relating to spec&,,-- buildings Page 24. it is overwhelming to see the number of calls generated as a result of domestic violence. Mis. Brown remarked one thing is to try to work with doctors or health practitioners as far as asking the questions and trying to find out only because sometimes the question is never identified in the information especially in domestic problems. Alderman Newman noted there is a new presiding Judge of the Second Municipal Ministry and several committee and staff and members were invited to attend a Conference on Domestic and Elder Voience. Alderman Rainey said it is interesting that the presiding judges have to share the admission of those folks down the line to which Alderman Newman added the laws on domestic violence only become tougher by the day. Alderman Rainey praised this police department for the fantastic job they do in securing the orders of protection where a perpetrator cannot cross the threshold of that property or get near that person. Alderman Moran voted for approval of the City of Evanston Community Health Plan submitted to the Illinois Deaartment of Public Health. seconded by Alderman Kent unanimousiv anoroved (5-01. Alderman Feldman thanked Ms. Brown for all the work done on this plan. IX. ADJOURNMENT The meeting was unanimously adjourned at 11.30 p.m. Respectfully submitted Audrey Trotsk 'Department of Vth and Human Services Page 25. x, DRAFT - NOT APPROVED CITY COUNCIL HUMAN SERVICES COMMITTEE Monday, March 6, 2000 Civic Center - Room 2402 7:30 P.M. MEMBERS PRESENT: Aldermen Feldman, Moran, and Newman MEMBERS ABSENT: Aldermen Kent and Rainey STAFF PRESENT: Judy Aiello, Frank Kaminski, Sandra Allen, Doug Gaynor, Jean Speyetr. Leslie Wilson, Jay Terry, Bob Domecker, Audrey Trotsky OTHERS PRESENT: Alderman Bernstein, Joe Levy, Jr., Marjorie June, Kathleen Gaffney,, Gunnar Forrest, Mildred Frank, David Shanks, Walter Dreyfus, Cathierine Dreyfus, Armen Minasian, Salvador Garcia, Carol Carcia, Bob Thompson, Mary Thompson, Evelyn Mott, Ismra Carter, Lionel Carter, Steve Timo#ay, Viola Burkhart, Tony Adler, Sheila Bellinger, David Mickenberg PRESIDING: Alderman Feldman I. CALL TO ORDER Alderman Feldman called the meeting to order at 7:42 p.m. It. APPROVAL OF MINUTES: MEETING OF JANUARY 31, 2000 The minutes of the January 31. 2000 meeting were unanimously approved (3-0) without correction. Ill. CONSIDERATION OF FEBRUARY 2000 TOWNSHIP MONTHLY BILLS Alderman Newman moved for acceptance of the February 2000 Township monthiv biiLs. motion seconded by Alderman Moran. Motion unanimously approved (3-01. IV. CONSIDERATION OF A REFERENCE TO ESTABLISH A YOUTH COURT Sandra Allen, Director of the Evanston Youth Services Bureau, spoke on behalf of this reference.. A memo included in the packet from Ellen Szymanski, Assistant Corporation Counsel provides some foundation for vsbat they are trying to create, although it is a bit different in that we have an existing Communitt Services Program up and running and doing quite well. However, the creation of this court would have a bit more credibility for the kids who do not comply. Skokie has had such a court for the past few years and it is doing quite well. Alderman Feldman asked if the court has a Judge and if it will be here in Evanston. Ms. Allen responded it would be at the Skokie Court. Alderman Feldman then asked it that court would consistently ha ee a Judge on the same call, to which Ms. Allen responded Skokie currently has four Judges that rotate that caul, including the then presiding Judge Nudelman. Alderman Feldman asked if the reason it is in the Skokie Court is that is where the courthouse is. Ms. Allen said that is correct but everything else would be managed through the Bureau. Alderman Feldman asked if the additional expenses to the City would be those listed in the memo, totaling $46,610. and was told that is correct. Page 1. U Alderman Moran inquired whether this is for juveniles who are charged with violations of City ordinances as opposed to state criminal violations. Ms. Alien responded that is correct, what currently happens is for most of the kids these are misdemeanors instead of being station adjustments for first time offenses and in some cases second time offenses. Ordinarily the k�ds violating ordinances go to Juvenile Ordinance Court. We are proposing all these cases that come to us for first misdemeanor offenses would come from her, the coordinator of the program, the attorney, and probably the Department of the Juvenile Bureau, to hand down a determination. Alderman Moran asked if this is principally for first offenders. Ms. Allen responded that is correct, the idea is to get these kids in when they are first doing things and shoring these evidences to give some opportunity for them to possibly receive some sense of what is going to happen in the future. This is not for kids who have been station adjusted multiple times, gone to court and were rendered eligible for the Community Service Program with the existing set up. We are trying to start from the very beginning in court and in that way have a little more bite to our bark because its being ordered in court. Alderman Moran said he went through Ms. Allen's memo where she compared what we are now doing and what is being proposed, which for the most part is pretty consistent. She is suggesting the real difference involves a court with the thought that rather than a station adjustment, if the kids go before a Judge at the Skokie Court that may be the kicker. Ms. Allen said that was not the only issue as they have kids referred who fall into that category who comply and successfully complete the program, but then there are those who finish the program that don't do that and there is little to nothing that we can do. Alderman Moran said assuming one of those cases, where a kid is given a program and does not show a willingness to comply, you go over to this system and then he shows a similar lack of interest, what would you then contemplate occurring. Ms. Allen responded, if they did that then they would be in violation of the order and depending on what the events were a Judge would decide whether to send it on to Juvenile Court of whatever, but it means there would be some court involvement. In her experience the idea of the process of going in the courtroom before a Judge, for most kids, is enough to set them straight. Alderman Newman remarked a few Aldermen met with the Judge about the issue of getting a consistent response from the court system on certain types of defenses in Evanston and it was not just limited to youths. One of his suggestions was in the area of tagging and graffiti, Evanston should do a youth call similar to what Skokie does and we might be better able to convey the destruction of what has been going on in our town for a number of years. One only has to see what can be viewed from the Metro and CTA Trains to see what is going on in these train tracks and viaducts. We've got to be able to get the message across to some of them and he would assume that some of the people doing that stuff are these defenders. His idea for a way to improve, is get tougher enforcement, more consistency, and adopt a youth call. What has happened since then is he has this group and the alliance is made up of various Evanston people, ministers, agencies, etc., which seems to be an outgrowth of that group. Alderman Newman directed the statement to Chief Kaminski that he is not v.illing to give any more money unless there is strong accountability and unless we get back information where we can actually see a material difference in what has been going on before and after we had this court. He would like to support this but does not want it to disappear within the Police Department's budget. Ms. Allen noted because Youth Services lost two staff persons leaving only three staff persons, what they are proposing is going to require more time the existing staff cannot allot for. Alderman Newman said this is not just directed to the Police Department, but once we start a program in Evanston we never end it, it goes on in perpetuity no matter how good or how poor the program is as there will always be a group of people in town that will know a member of the Council. or know somebody, that will propose this is the best program ever. Therefore, if we do this, in ten years this program will cost 5460,000. If he supports this he would want to allow it only two years, want to see material results, and have an agreement among everybody if we don't have these results the program will not continue. He is willing to give this a try but needs some very serious accountability built into this. It seems we do not get any feedback, not only from the Police Department but also from other departments. Chief Kaminski commented his department does a Community Service Program now that has a court component and this world solidify that program. He is eager to try any options this committee would allow them to do_ If you think this is something we can look at for the future he would be glad to look at it but as Ms. Allen has said the last two budget years there has been a 50% reduction in staff and trying to maintain Page 2. x the programs she has to modify this component would mean having more people. Alderman Feldman asked Chief Kaminski's response to a two year trial period, to Chief Kaminski replied, he knows programs have to be measured to see whether or not they will work and does not have any problem with doing that the way things are now trying this two years down the road and see if it works as it fits into their problem &Wng navy+. The new judge supports this concept. This would take at least four to six months to implement because this would involve working with the Legal Department, as a number of ordinarze changes are needed to get the process in place. He does not want to speak for the extra burden put on the Legal Department Est the Pone Department put together their responses for an additional person and trey are putting another burden on other City staff that is not included in that memo. Alderman Newman asked Chief Kaminski if we do this proposal could he competently say there will be less station adjustments by the department among youth and an effort to get more people into this program where there is a commitment by the parent, the child and the department. Chief Kaminski said there will be more cases seen in the court and the more cases put in court increases the court workload. We have to be sure the court will be able to handle them. At District 2 we have the lions share of all the court cases and if we put a workload out there it will be a cause and effect relationship. He would like to think if we start doing first offenders the program we do now will reduce station adjustment, but he does not think it will totally eliminate that. Right now he does not know what the numbers will show, but hopefully they will get more kids involved in the court sanction program and the impact should be greater. Alderman Feldman felt he is getting double messages. The message he is getting from Chief Kaminski is that the court system is so overloaded you might not be able to put kids into it_ If that's the case why are we doing this. Chief Kaminski responded he is not speaking for the Judge or the Legal Department on the volume of cases we put out there. From what he hears Skokie has 50 or so cases. we arrest close to 700 or 800 kids a year and he does not want to give any false numbers. Before he would commit to anything he wants to make sure we sit down with everyone and consider all the objectives you want measured for the two-year program. Alderman Feldman asked Chief Kaminski if he is saying the capacity of the court in Skokie determines how many kids we send there, or do they have to adjust the capacity of the court in Skokie to handle the number of kids that we send. Chief Kaminski said if they're under the impression they're going to have one call and we have two calls, right now he did not want to commit for the Judge depending on our volume and the new Judge's understanding of the program. Alderman Feldman asked if in the implementation and the period between whatever recommendation the Council makes to you and while you are preparing these ordinances, will you be able to have some contact with the court and determine the kind of things the court will be able to handle and we can have that in our deliberation. Chief Kaminski said if you want us to move in that direction he would be glad to, but if we try to respond to Alderman Newman we will eliminate all station adjustments. Alderman Newman remarked he did not say that. Alderman Bernstein wished to give some history of the genesis of this_ He sat in on the group that was convened by Judge Nudelman who asked him to present it to the Council for review, which he did. When Judge Nudelman was transferred Alderman Bernstein asked Mr. Terry to withdraw it from the former agenda Subsequently, he was contacted by Judge Sedote, who just came back from reforming the Juvenile Court and is strongly in favor of the program. The new presiding Judge is very strongly in favor of this and called Alderman Bernstein to ask him go forward with this as she intends to put on whatever Judges necessary or required, and he can guarantee her support of the program. Another issue is after Alderman Bernstein put this on the agenda he spoke with Corporation Counsel in Skokie and the volunteer who does all the coordination and sends kids to the various agencies, but the Cook County Board phones an attorney in Skokie to work on this program and other programs. Apparently they have already decided this is a good program and perhaps we can approach them for some funds. Alderman Newman would like to see this go forward but thinks Chief Kaminski needs to get us some cf the answers on the logistics of the court system as we need spelled out for us, what benefits he sees happervng in this initial two-year period and what material reason we can expect, to go to this call. Also what we can look for in some way of measuring whether or not this youth call would be a success over a two-year period. This is where he stands regarding this. Page 3. NX Alderman Feldman was concerned about the issues tonight needing legal input, as there is nc ilegal staff represented at his meeting. Mr. Terry explained that Ms. Brenniman could not be here tonight bemuse she is in Washington. We have talked to Mr. Hill about this and hits basic position is if these :ire mutuail!y agreed upon dispositions and you are going to court to ratify something agreed upon he does not see a t-emendous increase on the workload on is department, But, if in fact these are adversarial relationships with a whole call and both sides presenting their story then he does see an impact on the Law Department wcirkload. Alderman Bemstein noted this is envisioned as a plea -court. you don't come to this court unless you intend to plead guilty. Rob Roy, Director of the Evanston Communty Defender agency, spoke against it because his concern was that kids might give up rights that they otherwise would not have given -up. The contemplation is that you walk in there to say you did it, which is the first step toward rehabilitation. lAs. Allen added there may be a very small percentage, perhaps 3%, that show up in court with their attomey and say anything but I'm guilty. Alderman Newman remarked the memo says Skokie needs one to three hours and a City attorney. the Director of Human Services, and Coordinator of Community Services, in advance to review cases and make recommendations that will presented to the Judge by the City attorney. For Evanston it says what is needed is the City attorney, Youth Services Bureau Director, Youth Services Bureau Community Service Coordinator and Sergeant. This means there needs to be a process where staff people get together prior to the court call and think through the recommended dispositions that are going to bs presented in court. That's not a contested situation in court but a thought process that Skokie is doing in advance that is suggested here and he thinks there should be comment on full budgetary impact. Mr. Tent' commented he did not believe the Law Department has had an opportunity to fully look into this. Alderman Newman moved, at this time, to forward this for further comment to the Law Department for all comments, both budgetary and their view as to how this would be implemented and to brinq it back as soon as possible to a Human Services Committee meeting. The motion was accepted by all committee members. V. POLICE DEPARTMENT COMPLAINT REVIEW Alderman Feldman had an inquiry regarding the last case submitted that was sustained. He asked if as part of that decision it is usually indicated what course of action takes place after that In regards to the specific officer. Chief Kaminski replied it is just whether or not it is sustained. Alderman Feldman asked if it is correct, that as a result there are things having to do with remediation, to which he was told that is right. Alderman Moran moved to accept all the complaints submitted for review, motion seconded by Alderman Newman. Motion unanimously accepted, (3-0). Alderman Newman asked Chief Kaminski if these are the last of the reports for 1999, and was told that was correct. Alderman Newman then noted the total is 16 complaints in 1999 and asked how many of the 16 were sustained He was told 3 were sustained, 3 were unresolved, 1 unfounded, 7 not sustained, and 4 exonerated. Alderman Newman asked Chief Kaminski if he could prepare a small graph on how many complaints we've had each year as he would be interested to see in what direction we're going. He asked if the number of complaints are a bit higher than last year and was told it is up 5 from last year. Alderman Newman requested that the minutes reflect in 1995 there were 34 complaints, in 1998 there were only 10 complaints, and 16 complaints in 1999. It seems, in general, complaints have been down in the past few years. VI. CONSIDERATION OF THE RECOMMENDATION OF THE NEW SENIOR CENTER LOCATION Ms. Aiello wished to have those members of the Subcommittee in attendance introduce themselves. Alderman Feldman, Alderman Newman, Joe Levy, Jr., Kathleen Gaffney, Marjory June, and Gunnar Forrest, Paso 4. x introduced themselves and represented a majority of the momb rs ills Aiello reported that the sut=c,,)rnrrfMee and staff have been looking at the various alternatives, as shown in the back of the pncke" rrrat—arial distributed, that were presented to the subcommittee f-, r recommendations at a recent meeting. As they began the process several of the issues looked at were, starting out trying to use the existing Recychng Center building, in addition they were looking at some of the other issues in the park and the local n being on Oaldon across from Home Depot inducting other iss-jzs within the park between the gardens, tieing close to the animal shelter, and some of the general redevelopment of James Park that had teen planned As we looked through and began to work with the architectural firm selecte.-i. Ross -Barney & Jankowski, -%P a t:egan to see the variety of issues and not just Sook at the Rec; :ding Center but throughout the park. Ms -kefl© then turned the meeting over to Mr. Gaynor to report on the subcommittee recommendations. Mr. Gaynor reported the subcommittee is recommending the location at the current and only entrance into James Park. There will be a traffic light installed there as adopted by the City in the current Capital Improaeement Plan. This site will probably eliminate most of the issues that have been raised. The community gardens were of significant importance to try to maintain. As an expansion effort by the animal C.A-.R.E_ people, this being the Recycling Center we asked the architects to give us an idea of exactly what beraefrt it would be to retain and use that site. This came to be of little benefit because in order to build on this site we would have to put in a much heavier duty foundation as much of it is landfill. The traffic light was put in and paid for by Home Depot but because cf the logistics of this area, using recycling pretty much took the traffic signal' out for any benefit as there is not a lot of space to be used. Also, there are no sidewalks and public transportation is limited, which are some of the variety cf issues being looked into. In addition, there has been a very strong movement to create a recreational center field house with two soccer fields, three basketball courts, and an amenities field. it was determined by the current architects that it would make sense on an economy scale to try to put these two together. If that is done we would have to eliminate at least one large pony !-_ague baseball field and one soccer field which then created additional issues to be dealt with. As Ms. Aiello indicated we started to look at the entire park without any limitations, if the gardens were not there and moving the tennis courts elsewhere. After a meeting downtown with the architect and staff, thirty-six plans were considered and then brought doom to eight. Fina:ty the most beneficial with the least impact to the entire park was this location. The fact that there already is a traffic light plan, public transportation, sidewalks, and a pariking lot that will currently satisfy the need without the recreation center. It that center was to be constructed we would create another parking facility to accommodate the users of the park areas, and baseball and soccer fields in this area. There is also parking on Dodge. If the recreation center is constructed and there is enough money for it in this area there will be four small or little league type baseball fields, which we consider well below average, that are used for women's soft ball and girl's fastpitch. Because the women's softball program has been dwindling in numbers we have been looking at moving the women's softball program to Crown where the majority of our men's softball program is now. None of that has to happen unless the recreational center is built. There is a small soccer field in this area and in a meeting with the Commissioner of the AYSO program he learned if this is built there will be two indoor soccer fields based on tt-oe fact we are still moving ahead with the soccer fields and dog park at Main and Canal. We do no. make any specific field dimensions for more than a year at a time because the age groups and number of kids in each age groups change. It is up to the soccer people to let us know the dimensions and the number of fields. Alderman Feldman asked if there will be additional soccer fields at the Canal site north of the Dog Park and how many will there be. Mr. Gaynor responded, yes there will be fields but he could not give a number because that will be up to the soccer folks. He can let you know the space to be used for soccer fields is from the southern boundary of Sam's Club parking lot up to Main and from the parking lot to the Canal. South of that area is where the Dog Park will be developed. Alderman Feldman asked if there is any question about funding for the soccer fields. Mr. Gaynor said we have 5500,000 between the Skokie Park District and the City of Evanston. The cost estimates came in above 5800,000, and Skokie has had a grant person working on developing some grant money to cover the cost. Each community would have to have an additional Sf 50.000, but we do expect it to occur. Alderman Feldman asked what is the timetable for this and was told due to funding it was delayed for a year, it was supposed to be designed and start construction this year. Page 5. X Alderman Feldman noted the recreation center is not going to be built w-, t►in a year and nothing •aril be done unless the senior center will be btrslt. Alderman Newman moved to approve the recommendation that the permanent Senior Center be placed at Dodge and Mulford. Alderman Feldman seconded the motion. Alderman Moran remarked when Gee proposal was initially made to put the permanent new Le°ri (enter in James Park would it be fair to say is was done with an understanding that there was a possibility cf asing the Recycling Center or at least the st-ell. That was a fairly important part of the corsideration becaLse it was thought expenses could be avoided as we might ; ave a building that would have to be retror::ef4 to be a senior center. Ms. Aiello added there would have tad to be an addition for it to be large enough Alderman Moran noted before the architect came into the pcaure the sense of moving the center to James Park was to have someone look at it. According to this proposal, based on the latest examinatpon, the Recidirrg Center MI not be used, do we know what will happen to tine Recycling Center. Mr, Gayncr's response , -was we do not know. Alderman Moran asked what has transpired with the possible expansion of CARE Ms. Aiello noted if it had been desirable C.A.R.E. wanted to expand. City staff indicated there are no public funds but they want to undertake pnvate fundraising to enable them to expand. How much they expand will depend on what they raise. In order to accommodate their needs it would most likely have an imp= on the Recycling Center and could then have an impact can the community gardens and the complex 7ohen we began to look at that area it became dear there are a lot of conflicting land uses. We looked into this with the architect and the fact that we have an existing par'ring lot in a certain place, is good but not temtic, the thought was could we accommodate those using it here. The existing Recycling Center has a variety of uses, such as the City currently rents space to store eqL:pment that could be stored there, besides several other uses for that building. Alderman Moran remarked, basically the expansion of the CARE facility may or may not come about and the use of the Recycling Center potentially converted to a senior center, or part of a senior center, has been eliminated. He understands your parsing through a .ernatives and everyone has seen the letter from AYSO voicing their concern. You are naiv saying they =B be ameliorated because perhaps there will be soccer fields in the recreation center, something we do not Know will happen, and the soccer fields will just be put on hold. As part of this overall examination and suggestions of what goes in the southeast comer of the park, was any consideration given trying to locate a site in or around downtown. Ms. Aiello responded over the course of the past several years and months the subcommittee and part of the subcommittee staff has exhausted looking into the downtown area and there isn't any feasible location there without taking property off the tax rolls. In looking at various alternatives the subcommittee and the architect feel this is an excellent alternative and gives us a great util¢ation of the site and the full opportunity of the size desired by the seniors, and puts it in proximity to a lot of agencies. Alderman Moran recalled when the recommendation was debated in Council and these other issues were in the midst, a statement was made by a member of the subcommittee, during that debate, that there was never any serious consideration given to looking downtown. When he was on the Recreation Board there was definite consideration given to City owned property tnat is still vacant on Chicago Avenue behind the library. Ms. Aiello commented she did not think that was ever brought up again in the recent discussions. Just because of the fact that has always been a desirable surfaced parking lot that has always been used not only by the library but also the 636 Medical Office Building. That is a good, rapid short term, turn over, parking lot. When we were looking at opportunities of Parcel 18 the realization that a single story, senior center was not the best use of that land and other opportunities became available. Alderman Newman asked Alderman Moran if the lot he is referring to was the subject of the opposition of the 200 people, of his Ward, including atl the doctors and dentists from the Carlson Building. One cannot get around the fact that this occurred before the library Yvas built and there was such a need for surface parking in downtown. That particular lot is used at all times night and day, and is a very important lot to the mix of Church Street. You may support using this lot but there will be overwhelming opposition and we are not in Page 6. a position to take away from the Eibra<ry, the Carlson Building, and other businesses on Chicago Avenge. Also, there was a full hearing regarding that in 1991. Any City you go to you will find recreation centers built in parks. There is the Oakton Community Center, the Devonshire Community Center, Crown Recreation Center, Fleetwood Jourdain Recreation Center, Chandler Recreation Center, all these centers are in a park., It is not a new, novel, or brilliant idea to put a recreation center in a park or in part of a park. We heard tthe North Shore Senior Center, the model everyone talks about, is not in downtown Wilmette but in Northfield in New Trier West High School. We did try to use the Recycling Center and were told it was not practical. 'VVe then went to the portion of the park which seemed to take advantage of everything we could have therz- and not one member of the subcommittee spoke against this location. He would be glad to introduce A,Iderman Moran to the people of the Carlson Building, and have him speak to the Library Board to find" out how important that surface lot in the 1" Ward is to the economic vitality of Church Street. It should be crrnsidered that these doctors and dentists in the Carlson Building are already competing with all the other medical buildings that have free parking right up to the door, and they consider this lot very important as they are very sizeable taxpayers. The fact that we are not using the Recycling Center does not mean we are taking any land off the tax rolls, but we are actually going to save money because we are hopeful the soil is not gr_iing to be as bad on Mulford and Dodge as it is at the Recycling Center. Our committee is going to go forward on a Multiplex and a referendum will be proposed whether or not to support this . The community wants that building and the referendum will not only raise money to fund the Multiplex but other parts of our pairk system that we on the committee feel is unresponded and are hopeful that we can connect these two buildings and make James Park into a recreation center for the entire community. This is not definite but he feels very good about the recommendation that was made and having the Levy Center over there with the many conveniences it will have. Alderman Feldman remarked if we talk about a lot downtown and the change of usage we're talking about prime development property in the midst of downtown. What we're faced with is not only the choice of whether or not you own a parking lot or a Levy Center but you are also faced with if you're willing to give that up for anything. You're faced with the potential possible development of the size of the Levy Center. As we have seen the building going in on lot 18 is going to bring in $1,200,000 in taxes a year. That its a heavy burden to place on a senior recreation center and means from the very beginning the center will cost the City of Evanston $1,200,000. That figure divided up between the membership is an astonishing stipend that is not born by any other community around this area, nobody spends that kind of money on their senior center before the building is even built or there is a budget for operation. The reason you don't put a senior center at State and Madison or at Church and Orrington is because that land is needed for the vitality or ti'e tax base of a community. He thinks we're lucky enough to have a park that offers great charm and opportunity for a Levy Center that combines both indoor and outdoor activity. Also a plus is that its close to Dawes School and it has already been suggested that there will be intergenerational programs involving the young people and our seniors. There has been a lot of suggestions and interest on the part of the gardeners to interface with the senior center to get people doing both things and get our seniors interested in the gardening ,vorld. We have a lot of stimulation and cross-fertilization and an opportunity for the best possible Levy Center we could have. One of the things that all of us have been concerned about is if it is in James Park, as opposed to any place, people have to get to it. Most people come to the Levy Center and do not walk there. If tl'ey come to the Levy Center they can come to it some other place if we have good transportation, which is whaC we intend to do. In addition to public transportation there will be a shuttle service that will also be ancillary to other kinds of needs for seniors. This is a sensational opportunity and he knows that everyone on the committee, including the Levy representatives, is delighted with the concept of where its going to be, the potertial design, the program enhancement, and everything that is part of the site. They're the constituency, the Ames telling us, nothing would have been done without their cooperation and approval. This was a unanimous thoughtful, creative, and fortuitous decision of the entire committee made up of three aldermen, members of the Recreation Board, and the Levy Center Advisory representatives. He thinks the end result will Ire one of the best senior centers in the metropolitan area and he certainly has every intention of doing his job, as do most members of the Council, to make it so. He is happy to reinforce his vote and on the Council vote on it all the way. Page 7. Alderman Moran responded that `ram his perspective he understands the paikjn:at Orrington and Chicago is important to the Carlson Building but sees no difficulty if there was the political will in the impettus to deal with that parking demand, and w -Ty there could not be a building built at that site tat would provide us with a Levy Center downtown and a=mmodate the parking demand. This could be bone any numL"er of ways. He is sure the architects that put ttlriS plan together and came up with 36 plans to do that they could come with 72 plans that would give you t1-e parking and a Levy Center at Orrington and Chicago As tar as that happening before the library was completed, the library was in process but there was a substantual amount of coordination at the time between the library and the people looking at that particular p.^cpcs:af and as Alderman Feldman is suggesting there would be good cross-fertilization. There was a suN.stannial amount of discussion about what might to done to service the senior population in so as far as the proximity to the library was concerned which was considered to be a very coordinate use. He means no dssres:oect to the subcommittee and he can never say enough about Mr. Levy's generosity in regard to this and his never ending willingness to contribute i-;:s intelligence, commitment, energy, and resources and for mamr years has been appreciative of his efforts and continues to be so. He can only tell you what he hears ti-Dm senior citizens who have taken the time to speak to him or send him a note or fetter about the location of the new proposed senior center. Virtually every person who has contacted him does not understand why the center is going in that site. He knows the vote is going to be affirmative, but is disappointed that at this particular juncture, when some of the initial premises for doing this that were offered as premises for doing this have fallen by the wayside, that we didn't use that opportunity to consider other alternatives including somehow going into downtown. Alderman Feldman noted he too received phone calls from people that did not understand wh' y we were moving the Levy Center from do%ntown. After fifteen or twenty minutes of conversation they did understand, not only did they understand but they agreed. Alderman Newman thought Alderman Moran is correct that the original promise has changed and is more than entitled to his opinion on where the center should be. The message members of the Council should be sending the community is an unfortunate one, as we have a situation where we are struggling to pay our bills and we are going through a greater and greater struggle. He does not think it would be responsible for us to take property downtown away from current users, including the library, and use that property that can be developed to take away parking You're suggesting to build more parking area which would be very costly. The responsible thing to tell peop4e is the Council has to start showing a leadership of putting uses, not taking property off the tax roils or using downtown property productively which is why we did not use Lot 6 or Lot 189 for the Levy Center. If we used the surface lot there we would be materially hurting the business community there, a very large taxpayer in tl-e Carlson Building, and hurting the library. He is willing to have the library comment on what the loss of thcse surface spaces would be to the daytime and nighttime usage of the library. When he took calls about the sc-ith branch library he heard the reason people went over to that library was because they couldn't find parkirg at the downtown library. The subcommittee has done a good job and we're showing leadership. If we were to take this downtown parcel away we should put it out for request for proposals to see what could be done privately with that parcel and at the same time maintain the parking. He wouldn't be interested in puttying the Levy Center there. Mr. Levy said he agreed comple:ety with the Aldermen that everyone here would love to have th-_ center at the library parking lot. However since our downtown parcel was first proposed they've had ten adjustments to make along the way and have been compromising. They had the Mather Home. the YMCA, the arts drama group on the second floor which presented a safety problem, then they dealt with the dogs not granting them at the Recycling Center, the Garden Club didn't want them there, then they wanted to use the facility in the Recycling Center as basketball courts and share the showers and washrooms with the kids, then they were afraid they couldn't get down from the second floor in case of fire, there was a parking problem. there was a stop light problem, and this is the tenth compromise having something away from or not interfering with anybody, and it is really not our first choice. Everybody would hug and kiss you if it was possible to get the library parking lot. Page 8. Alderman Feldman read the following recommendation from staff that he presented for a motion of approval. "The recommended process would be: 1. Human Services recommends to the City Council the site at DodgelMUlford for &ea new Senior Center. 2. Human Services authorizes the Senior Subcommittee to re-Aew massing concepts and preliminary budgets and makes recommendation to the City Council 3. City Council approves siting of project at James Park. 4, Subcommittee implements project with program issues going to Human Services for review. 5. Subcommittee implements and monitors construction in conjur.,-tion with A&PVJ." Alderman Feldman said this is based on the model of the finance committee that included members of the Council as welt as members of the Library Board and staff and worked very weal. That commiti—ee brought in the library at a significantly amount lower than its original budget and was found to be very effective. In this particular case we have a member of the Planning and Development Committee and two members of A& PW on that as well as members of the Human Services Committee. All three commetees are represented as well as the Recreation Department and the Levy Center. This subcommittee wc�jld be the one committee to oversee the development design and construction of the new Levy Center at that site, implicit and inherent in the above five items is that design. Alderman Newman made the motion for approval, motion seconded by Alderman Feldman. Motion sassed (2-1). Aldermen Feldman and Newman. ave. Alderman Moran, no. Ms. Aiello announced the next meeting of the subcommittee will be March 1V at 6:00 p.m. Alderman Feldman thanked everyone for their attendance. VII. CONSIDERATION OF THE LOCATION OF THE 2000 FARMER'S MARKET Ms. Aiello introduced Ms. Speyer who for the last few years has been running the Farmer's Market for their office. Tonight they wanted to bring up the age-old question of where the Farmer's Market will be this summer and present two options to this committee. Ms. Aiello referred to the illustrations of a map of the Research Park she brought to the meeting for the committee to look at where the market will be this year. Since the development of the downtown area the market has moved every couple of years as it related to the construction. When she first began working with the market it was at 1800 Sherman, they then moved to Benson Avenue, then moved to University and Maple, and when construction began on Maple moved to the parking lot. While we have tried to keep the market in the downtown area we have had to keep relocating because of construction. For the past few years the market has been on what is formally known as Lot 20 where there was parking both south of Clark Street and north of University Place. Due to the construction of Church Street Plaza it will be very difficult to again have the Farmer's Market there. When Ms. Aiello discussed with Ms. Speyer the options there were only two parcels to chose from within the Research Park area, one Parcel 3, at the corner of Oak and Emerson, the other is Parcel 7, owned by the University. Both parcels are currently surfaced. The other option would have been Parcel 6. but the hope is that will be under construction in late summer and has been taken out of the inventory. In the opportunities available we have to think about the construction traffic because most likely at the end of the surnmer months the contracts will be finishing up and continue working on Saturdays on both Parcels 6 and 8 One of the options is to put the market on Parcel 3 and then work with the University to have parking at Parcel 7. This will be somewhat impacted in the fall for football season, but typically football parking starts after the prime time of the market. The market starts at 7:00 a.m. and goes until 12:30 p.m., but the most crowded time for the market is 9:00 to 10:30 a.m. Another option they would suggest is having the market at the Civic Center. We could accommodate the farmers in the southern most portion of the parking lot and parking for the market and Saturday morning Civic Center activities could be maintained. As an option for overflow parking, that would not impact on the neighbors, would be to open up the roof of the Service Center and incur the cost of staff for that day. This option was proposed seven or eight years ago when some construction was done in the downtown area and I aze 9. surrounding neighbors were not pleased with this idea. If the committee wants to go forward %%,dh this option since Alderman Kent is not in attendance tonight, Ms. Aiello would suggest halving a neighborhood meeting for their feedback. She is of the opinion both alternatives would work. PuNic. Works Director. Mr. Jennings, would prefer this location as he is concerned about the downtown construct! -on congestion There will be congestion for either option, here with the neighbors or downtown with the ctiz,nstruction. We lust wanted to start the dialogue to get some feedback and come back to the Human Services Apnl meeting to fnalize this. The notices have been sent out to the farmers and their applications are in. bus the final notice cf telling them where the market will be and their stall locations goes out in the middle or emj of April. Alderman Newman asked if it could be possible to have the market close at t 1:00 a.m. Ms. Aiello thought 11:00 a.m. was too early, we could probably do 12:00 this year. Alderman Newman's thought wras to try to have it someplace in the downtown area in the street and close that street. He could see having the market on Church Street near the library and close the street from Orrington to Chicago Avenue and have parking at Church Street self park. There would be the people coming downtown every Saturday and we would be doing something on that connectivity. Alderman Moran asked what is going to be done with the vendors' trucks. Ms. Aiello said there would not be enough room for them, they need about 90.000 square feet almost as much room as is needed for the arts festival. The farmers need quick access to their trucks to restock the produce. Once the construction is completed for the Church Street Plaza it would be interesting to see if we could go back and use the street in front of the garage. When the market was on Benson we had the 1800 Sherman parking lot which is the key to having a good supply of parking near the market. Alderman Newman said having the market at the Civic Center presents no economic benefit as he would like to help some of the businesses downtown. Ms. Aiello thought it will work this year at Parcel 3, and we could talk to the hospital about accommodating the tenants within Parcel 1 as a lot. Parcel 3 would have enough room for the market, the vendors, the booths, and the vendors' trucks because it is similar in size to Parcel 6 and we were able to do that last year. Alderman Newman asked why then are you not just going to Parcel 3 rather than considering the Civic Center. Ms. Aiello said just because it is an alternative and we won't have as much parking as we had last year, but it can still work and we wanted to present this option in case there was a concern as members of the Council have heard complaints that it was too congested. Alderman Newman suggested having the market on Emerson but was told there are too many buses running on that street. Alderman Feldman suggested, as a location, Davis Street between Sherman and Benson and using the parking on Benson. Ms. Aiello said that could be looked at but there would be a problem with the rerouting of the buses. Alderman Feldman said there are two lanes used for right turns along Sherman and if they weren't able to use those we could conceivably use the two lanes for either parking or booths as well as the Davis Street street area. Ms. Aiello thought the other problem there is the proximity to the Sherman Avenue garage and if it is at the point in time when we close the Sherman Avenue garage because of the Sherman Plaza redevelopment we will have no parking except on the street. Even if we close at noon we would still be impacting those morning businesses. As we go forward with Parcel 3 we would do a lot more publicity and would probably hire back some police officers for more traffic control. Alderman Feldman said he would potentially like to explore those possibilities to have the market some place closer to downtown because people come downtown and we might be able to devise a system to handle the traffic and not thwart anybody from getting anyplace. Ms. Aiello said she could certainly look at that next year with the Chamber and get more input from the merchants. Alderman Newman would like to hear from the Chamber right now to see if they would be interested and promote a downtown location. VIII. CONSIDERATION OF LAKEFRONT EVENT RESOLUTIONS: A) 3-Day Breast Cancer Walkathon B) American Cancer Society Walk Against Breast Cancer C) Twin Cities to Chicago AIDS Ride Alderman Moran moved approval for consideration of the three lakefront events. motion seconded by Alderman Newman. Motion unanimously approved f3-01. Page 10. IX. CONSIDERATION OF RECOMMENDED NOYES CULTURAL CENTER TENANT LEASE Mr. Gaynor noted copies of each lease were included in the committee packet and the primary increase will be 3% across the board applied to the square footage forrnula we have. There are three basic fees, basement fee, first floor inspection fee, and second floor inspection fee. The other increases a:e very small dealing with the use of the copier machine and things of that type. Regarding the issue of the pa -icing lots our research indicates an 58.00 fee has currently been charged. Provided in our report is the data from 1996/97 and 1997/98 showing a progression of the fee increases with the fisted daily, monthly, quart—edy, and annual fees. It is our recommendation that the fee be increased to 520.00. What has not been occurring to date nor were we aware of is there is an ordinance that requires any permitted parking lots an 58.00 parking pass fee per permit to be deposited in the General Fund. To date that has not been complied -Mth and what has happened is the full $8.00 has been put into a restricted account fer Noyes capital improvement. Our recommendation is to increase the fee to $20.00 of which 5-3.00 will be going into the General Fund for compliance of the ordinance and 512.00 would go to the restricted capital improvement account. That has been going on in the past and to date about $32,000 has accurnulated in that account and has mt been used for any of the capital improvements that occurred over the last few years, probably most significantly the repaving of the parking lot which Public Works has said cost;rn excess of $50,000. There has been some discussion and requests have come in related to students that use the permits. They would be using the daily or monthly fees. This was looked at as late as this afternoon and you were provided with a memo of recommendation that would absolutely consider keeping the st~ident fee at 58.00 which goes into the General Fund. This fee would be based on proof of registration in classes at the Noyes Center, which is what we have been doing to date, we feel that would be an appropriate fee level. Alderman Feldman asked Mr. Gaynor if in the discussion this afternoon students be certified at the Noyes Center either through various artists there or have a class at the Art Center. Mr. Gaynor said they now use a form for the student to have signed by the tenantrinstructor that is brought to his office for verification with the student's identification. He has no problem with developing a management technique for this. Alderman Feldman questioned the letter received from Anthony Adler and asked Mr. Gaynor if he had any response for the committee regarding Section 3, in the suggestions of this letter. "Lessor shall give lessee 90 days notice in the event that lessee is required to move." Mr. Gaynor said in his own effort Mr. Adler looked over the lease and provided recommendations that were forwarded to us. Our legal counsel, Ms. Szymanski and staff person, Toni Sinclair, reviewed all the recommendations. Only those recommendations that the legal staff felt would be of benefit to the City were included. Alderman Feldman asked if any of those recommendations are Included in this letter's listing. Mr. Gaynor said he just received the letter this afternoon and did not have an opportunity to look at it. He would have to look into it with Ms. Szymanski. These suggestions were submitted to Ms. Szymanski and Ms. Sinclair and after going through the entire lease the recommendations put forward in the original correspond ense from the attorney to Mr. Adler were then forwarded to us, reviewed and evaluated. Alderman Feldman said he would like to better understand the reason for this is and asked if it is possible to get what legal's position is regarding each of the suggestions. Mr. Gaynor said that will be done. A woman in the audience presented a petition signed by a 150 students and patrons. She said that is only a fraction of the total number of students, who use the center every week. Alderman Feldman said the petition will certainly be accepted as part of the record. Alderman Neviman asked if all the students have permits, which the woman did not know. Alderman Moran said he had a notation that we estimate approximately 50 students are currently using permits. The v. oman said her concern was for the people who use this lot on a very temporary basis, primarily students who take a class a week or faculty who teach a few classes a week. Doing the research she did toward that end there were things that came up that made her feel the whole idea of increasing the parking permits for anyone in the building, tenants included, doesn't make a whole lot of sense. She goes back almost to the beginning of the Noyes Cultural Arts Center and her understanding was that this center was much more a kin to the recreational facilities in the City and it wasn't a permit type of lot. Buying a permit for this center never guarantees anybody a parking space, but simply permits you to park there. The idea she has always understood and has checked out was orig:nalty there were Page 11. no permits for the Noyes Center. The idea of a permit came into being as a way of getting she people who use the center to have parking available rather than having the lot fill up with downtown coma nutess using the ell every morning. As time went on it became more of a money making proposition. This kind c4 a building doesn't seem appropriate to be one where parking spaces would have to be leased. Alderman Newman asked if the problems with parking for the students occurred during the day or at night. The woman said there is no need for parking after 7:00 p.m. Alderman Newman wished to comme-nt on what has been brought before this committee and thinks an important point has been raised. He ,+could like to see everything be free and never raise anything in this City. He thinks its too expensive to go tc the beach, the tokens are too expensive for too many people, as are the charges for a lot of things too high. Does anyone think he wants to sit on this Council and charge anybody for anything. A suggestion he we-ild lime to make is there needs to be a sensitivity by the arts community about the very tough financial situation thiis City finds itself in on a year to year basis. In his opinion the difference between the Chandler parking lot,. the Crown parking lot. and the Noyes parking lot is the Crown lot is open to all 11,000,000 people in thie statte of Illinois to park there, there are never restrictions and all 73,000 people in the City of Evanston can Lze it at all times, except when its closed. This lot is primarily restricted to a very small amount of people and requii-es a permit because if permits were not required and the lot was open to everyone there would never be a parking space for anyone because the commuters on the ell would be there everyday. By definition you neeed' some type of a permit system. When the charge for permits is raised to 520.00, there will be only one pe-rrr i t in the City that is higher that this. That is one of the mistakes we have been making at our facilities all arcLmd the City, not just including the Noyes Center, we haven't had the income from those buildings paying expenses an the buildings. He reads in this memo that this money is going to offset expenses at the Noyes C'eenter which he thinks is a good thing because the people who get the most benefit from the Noyes Center are the artists who are there. He does not want to have to scrounge for money to do certain repairs to the building. Two or three years a 10% increase in rent was turned down that was recommended by the Arts Council and only increased it 5%. If this City did not have a $2,000,000 structural deficit he would not want to charge the artists anything. Several years ago a recommendation was made by the Chamber of Commerce to sell both a.-t centers, which we turned down. One of the things he found when he looked at the budget was that the arts portion of our budget has been running over budget by $50.000 to $60,000 a year and the rest of :he Recreation Department has been feeding that budget. There is a great deal of pressure on the directors in every department of the City to raise money to offset some of the expenses of their department. We have been trying to raise money to avoid taxes. All the lots would be free if not for the 52,000,000 deficit. He does not know of anybody who is not getting a parking space at Noyes, students is something different. A woman from the audience, said the issue is if the lot only has a certain number of spaces a--td the office can issue hundreds of parking permits, when you come there the lot is full even if you have a parking permit and you can't park Alderman Newman asked if this has occurred and was told, yes, many times the day. Another woman from the audience commented if a lot is charging $60 or $70 a month they can anly sell one permit for each space. At Noyes you can sell five and ten times as many permits per space, you're making a fair amount of money off the lot. Alderman Newman noted there are several lots in the City that we oversell, the biggest lots in the City until this year were Lot 20 and Lot 62 at the Research Park and we constantly oversold them because the same people don't show up every day. He would be glad to leer, into the issue of whether or not we're issuing too many permits. The woman in audience said her point Lss not :hat you're issuing too many permits but that since you are issuing an unlimited number of permits each r umber is a large amount by your standards and is outweighed by the number of permits you're selling per space so you really are getting a little amount from this lot compared to the other lots. Alderman Feldman asked if it is known how many permits are actually sold. Mr. Gaynor did not know the number of permits sold but that they do limit who they are sold to. They are sold to instructors that work in the building, tenants and students. Alderman Feldman said those are the constituencies that you want to have the permits. The alternative is to raise the fee to $60.00, guarantee anybody that has a 566.00 permit a space and the rest of the people are out on the street. The woman in the audience said she -was simply mentioning the fact that permits are sold in an unlimited amount. Alderman Feldman wished to give his perspective on this issue and the budget deficit brought up by Alderman Newman that if there was no budget Pa<<� 12. deficit he would give everything free. This is something he would not do be ause if there 'was no¢ a budget deficit there would still be so many unmet needs in this community. Meetintitj a bare bones budogtet sells the City short, it doesn't mean our streets are being fixed, nor are our parks Noting improved, nor do we have the proper safety in the community, nor do we have enough police for quality of life issues, nor encuph money to build our new fire stations, and certainly does not mean we have enough money to pnv_• our alleys, nor does it guarantee we will have enough money next year to give our employees a raise. Evoe!n rf woe balance a bare bones budget that doesn't call for improvements and enhancing the community, it means we're way behind. None of this remediation is going to happen on the basis of a S 12 to $20 increase it fees. Our problems will not be over as a result of that. Using that logic one can say if its not going to r;sake that much difference lets not do it, but if we use that INic all across board that way we never have ark, money. What we're trying to do is figure out whether or not a S20 fee, regardless of the history, is a reasonable fee for parking there. Is that reasonable without gouging people. The fact that it is a dramatic imp ease might be objectionable not whether that is something that we have already mitigated. He apprec.-ates one call he received from someone that said why don't we have a two tier system which would be a very- logical thing as the people that could least afford it and use it the least were being charged as much as people that could afford it and use it the most. That seems unfair and that unfairness translated itself into this memo which not only did not increase but left the parking fee for students exactly as it is right now. The C�ty peurs tons of money into Noyes for good reason, because it represents a dramatic contribution to the City. F!e does not think it's a hardship for people to pay an additional $12 a month. A woman from the audience said she appreciates what Alderman Feldman has said and has heard things she did not know about. However, from a tenant's point of view this is a huge increase, 1 SC%. She thinks collecting ourselves as a group has really paid off. There are a lot of other issues and other ways that money could be made at Noyes and hopes with the new parking structure now being proposed the City does get the tax they should be getting and haven't been getting. As Mr. Gaynor said there is $32,000 in a fund that has not been used. If this money is being collected and not being used there are tons of things that could be done at Noyes, we have a $1,000,000 from the state that has not been used and there is a lot of money to be used and is not being used. She appreciates what you've done and hopes this does help pay our taxes as she thinks we should be paying our fair share. Alderman Feldman absolutely agreed with this as he aspires to a first class building with happy tenants and the idea that there are grumpy artists in this community doesn't make him feel good at all. The fact that you feel put upon or not served properly is disturbing to him and he would like to find a way that the proper things that should be done in that building are done. He's not suggesting you'll get everything you want but is suggesting there should be a way for proper accommodation for the needs of the tenants and the interest of the City can be met, and he thinks there is a way. He is working on it and knows Mr. Gaynor is working on it and asks you to be patient about it. It things remain the same in six or seven months from now you can then come back and wag your finger in his face. This is going to take some time and he knows the Arts Council has some ideas as does Mr. Gaynor. We are well on our way to appointing an Arts Director and that is a key, not the only key to a strong advocate and representative who understands art and the artist and the milieu the atmosphere in which he/she has to work, the politics and the bureaucracy. He is hoping to get somebody that can do that so these issues and much more will be addressed, as the issues being raised are absolutely basic. He has greater hopes for what will happen to Noyes and the arts community than just having satisfied tenants. He appreciates the concern and advocacy and even the anxiety but you have to understand we hear from a lot of constituencies. He always has and always will give you his support and thinks this is a reasonable accommodation, but a $12.00 increase does not require this kind of a revolution. There are too many important things we have to work together on and he wants to create the kind of feeling, cooperation, and mutual goal setting that will allow us to do it. Alderman Newman knows the members of the Arts Council went to Springfield to get money for the Performing Arts Center but the City Council worked it out with our representative as an alternative, this money from the state of Illinois would go to the Noyes Center. There is great concern about the vitality of the Noyes Center, a tremendous amount of money was spent at Talmadge Park where a little theater area was put in for some artists to use. He wanted to get the arts community to do murals where the graffiti is in Talmadge Pa(,e 13. Park and was told the arts community wasn't interested in doing that. He hopes that changes because he does not want to look at the park across the street from the Noyes Center with all the graffiti on the walls as it takes away from the building, and the community. He thinks that is a reasonable expectation for, community service. Also, he put forth keeping the rents reasonably low at the Noyes Center but you people- have to be working with us. He cited what occurred about the elevator in the building, there was a comp(,aint that the tenants couldn't use that elevator for freight. The City financed the rebuilding of that elevator and he woubd like it to be known if that elevator breaks down in six months the tenants will be asked to pay for it. He can't ask the General Fund to keep on making expenditures for the Noyes Center without at some poird asking the tenants to help. The rents in this building remain extraordinarily low and there were reasonable c,pportunities to raise money for this building generated by the staff. We tried to get Fleetwood Jourdain into this building because we spend $40,000 to rent space at Family Focus for that theater. He has a lot of issues with the Noyes Center, one being the possibility of the Kids Can Dance getting evicted and he wants to see them remain in that building for a long time or wants to know why they're going to be out of there. Speaking for himself he would like to say Mr. Gaynor has a tremendous amount of his personal confidence and knows Mr. Gaynor has a lot of confidence among members of the Council. He has done a fabulous job for this City and has brought park improvements all over town that we have not seen for years. Mr. Gaynor is a professional advocate of the parks system and we're very proud to have him on our staff. Alderman Newman would like to see people working with Mr. Gaynor and is more than willing to see the lease improvements, d we do not work on some modest increases there will be some very significant increases in rent seen for the artists at the Noyes Center. He welcomes this type of dialogue but wants you to know we are hurting for money in the City and have to find ways for having the operations we have in this City pay their own way. Right now you have very low rents, lets keep them low we understand wheat we're getting, we're getting an artist community but if there are ways to raise money from that building and if it can be worked to bring Fleetwood Jourdain Theater over there it will save us $20,000 or $30,000 a year, lets find a way to work together. He wants to see all the suggestions for raising money that can possibly be done and would like you to know he has fought for every single funding he could get for that building, the air conditioning and the roof to name a few. He will keep fighting to get money for the Noyes Center but this building has to generate more money. The arts community is important to this City and we have to work together and cannot expect that every time there is a shortfall the General Fund will pick up the tab. The General Fund will pay the new arts director's salary and the salaries of other employees. 520.00 a month is still our lowest parking rate in this City, it is not gouging and he wants to hear if you are not getting parking spaces. First lets do a study to see what the problem is. Alderman Newman would like to hear what the rational is for Kids Can Dance possibly being asked to leave and the number of families Kids Can Dance brings into that building on a monthly basis. He would also like to get a report each year on the community service done there and would like to see an overall plan for funding the necessary improvements over the years. We are not going get a $1,000,000 from the state very often. He's like to see the Noyes tenant, the Arts Council, whoever is gong to help out, work with the parks director just as we ask every advisory group to work with the staff. Alderman Feldman hoped everyone understands how important all the members of the Council view the art community and the Noyes Cultural Arts Center as a jewel of the community. He is proud of it and speaks of it all the time. It disturbs him that we should have any kind of animosity or feeling of confrontation and we will do the best we can to try to fix that. We do not have to agree on everything but we can all work together. Alderman Newman asked if the leases have to be approved for the March 131.' Council meeting. Mr. Gaynor said the leases expired February 291' and we can wait another month, last year this was done in June, but this is not what we would like to do. Alderman Feldman remarked that Alderman Newman's concern is not the money but the corrections that have been suggested for the leases. Alderman Newman said the letter that was received states the lease amendments have been offered and ignored with the hope that this time they will be taken seriously. It is difficult to know what they were from reading this letter and he would like the staff to respond to the concerns they have in the lease. In his view whether this lease is granted is going to be in the best interest of the City of Evanston and he wants to see that the staff protects the City's interest. The people at the Noyes Center are tenants of the City of Evanston. Page 14. X Mr. Adler said none of the amendments offered have anything to do with anything on the budget, it is completely separate from the money issue. Two letters were submitted, one letter is dated January 23r° and the other is dated March 11. The March 1" letter sets forth the suggestions for language to be added to the lease. That January 23'° letter was submitted and discussed at a meeting of the Noyes Center Committee and his impression from a discussion with the committee Chairman was the suggestions were reasonable and would be taken into account for the fnal form of the lease. The reason for the March 14 t'etter was that when he looked at the final draft of the lease these were not in there and there was no explanation or discussion. He is perfectly willing to speak to the wisdom of the committee and wisdom of the legal department but he would like to have these looked at as he thinks they are fair and do not change the spirit of the document but merely provide explicit protections that are quite normal for lessees. Alderman Newman questioned the Section 4, suggestion, "all other repairs shall be the responsibility of the lessor', and asked Mr. Adler if he is prepared to take these necessary rent increases for the lessor to maintain that building in the way that it ought to be maintained. Mr. Adler said there are no financial implications and he does not have a problem saying all repairs shall be the responsibility of the lessor, but typically when you set rents in a building they should provide sufficient revenue to do the repairs_ Alderman Newman does not have a problem with the lessor being responsible but that does have budget implications. Section 5b, reads, "the lessor shall not unreasonably withhold approval of alterations, renovations, installations, or additions to leased premises.' This is something he can see that would not be to our interest, to put that language in the lease. Alderman Newman said he would want to have the legal department respond to these suggestions. Mr. Gaynor said this will be done and included in the packets for the March 13v City Council meeting. Alderman Feldman commented that while these are reasonable additions to a normal commercial lease, the situation is not a normal commercial transaction. The City of Evanston does not build into rent payments its ability to provide the same kind of service and improvements that a commercial lease would have but in a commercial lease the rents would be significantly higher. Any landlord has to build in his possible obligations as a landlord to the cost of the rent, otherwise he would go broke. We do not do that and what Alderman Newman is saying is if you want that kind of assumption of responsibility, the normal kind of commercial responsibility, any lessor who would take the rents would have to commensurate with that. All he is asking Is that you acknowledge the fact that there might be a difference between our relationship and a normal one you would find going into an office building. Alderman Feldman said this will be put on the agenda for recommendation to the City Council. Mr. Gaynor will get a response from the legal department and if there is anything in the response that would warrant changing the lease this will be held for further consideration. It there is nothing in the response to motivate us to make any changes we will not do that, and you will receive a copy of the legal response to understand the reasoning. Then, if you wish to talk to any members of the Council regarding this you are welcome to do that. Alderman Newman said there would be then a discussion on the Council floor of each of the potential additions. Mr. Gaynor referred to Mr. Adler's second letter dated January 23'° sent to Mr. Wertymer, Ms. Sinclair, who worked with Ms. Szymanski of the Legal Department, said Section 3 was added to the lease as was some of the other language but, not all of it. Mr. Gaynor will provide Ms. Szymanski's and Ms. Sinclair's response and will try to highlight, on a copy of the lease, the added language that was taken from the recommendations. Alderman Feldman asked why it is necessary to have it on the next agenda, to which Mr. Gaynor said it could be held over to next month but another month would be lost as they are on a monthly rental. Alderman Feldman said in view that the 3% is being paid, he would like to hold this over to next month and those wishing to can attend to hear the deliberations and our response to the letters. Alderman Newman said he would like to see what the policy is for the selection of tenants, for expansions for tenants, and for the termination of tenants, if there is one. He would like to know who makes these decisions. Ms. Sinclair, manager at the Cultural Arts Center, said they have an application process and ail applications are reviewed by the subcommittee of the Arts Council, which is the Noyes Center Committee. All applicants go through a rating process. the Noyes Center Committee then makes a recommendation to the full Arts Council who determines what applicants are accepted. Alderman Feldman and Alderman Newman wanted to know what Page 15. XI is the criteria of the Mayes subcommittee. Ms. Sinclair said that would be if the applicant utilizes the space a minimum of 25 hours a week, has a track record of stability, and has Fhancial need for the space. Alderman Feldman requested a copy of all the information available regarding the criteria used. He also asked if there is a documented or articulated mission/vision statement for the Cultural Arts Center. Mr. Gaynor said there was one, at the Arts Council retreat this summer one of their tasks was to rewrite and confirm that .ftatement. In addition the Arts Council has taken on a task of reevaluation of the mission at Noyes and ylill have a community wide meeting of artists in the community as well as the general public to talk about the mission of Noyes. Alderman Feldman asked if the old statement could be given to the committee to knuo how it is going to change and compare it with the new statement_ Mr. Adler said there are three documents of interest to this committee, the 19136 long range plan established for the Arts Council on Noyes, the reaffirmation of that long range plan that took place three years ago, and the notes of the retreat that was held on September 21' of this year that set the stage for another reevaluation. Alderman Feldman said he would like all three documents to be available for the next meeting. Alderman Feldman ve as informed there is also a mission for the Noyes Center, which he also requested for the next meeting. Alderman Newman thought these are issues that need to be periodically reported by staff and the Arts Council to the City Council. City Council is the elected body on behalf the public that has the fiduciary duty to maintain the Noyes Cultural Arts and we need to know that the policies related to tenants are subject to review by the elected community representatives, He is very interested in what the policies are and how you decide when somebody gets to expand space, whether any new artists are recruited, whether or not part of the evaluation criteria is the amount of people that an artist might bring into the building, what amount of community service is going to be asked for by each tenant, all issues that are of interest to him. At least once a year, or every other year, he would be interested in getting information on this. X. CONSIDERATION OF PROPOSED CULTURAL GRANT FUND APPLICATION AND GUIDELINES Mr. Gaynor reported this is an annual budgeted request that 520,000 be included for this year in the capital budget. It had been more than $40,000 and was reduced and then restored in the budget process to its original proposal. The grant fund has been in existence for a number of years and the Arts Council has suggested a number of changes that he felt was important to bring to this committee because of the fact that it does eliminate some of the opportunity to receive grants as there is an issue of eliminating a regranting. Alderman Moran asked for an explanation of the recommended changes is grant program. Mr. Gaynor said the new grant for organizations is not to exceed $5,000, which is a stabilization grant and just a one-time opportunity. Our position is that the other grants should not be available for individuals or organizations, which are two grants, 52,500 to organizations and $2,500 to individuals_ The difference is the Arts Council recommendation is to provide that the grants be available to anyone who would like to apply annually as long as it is for a different project. Staff recommendation is if an organization or an individual receives a grant in one year the very next year they would not be eligible for any project. The justification is for more opportunity to spread the grants around to the greater artist community. Looking at the history provided in the packet, during the budget there were a lot of grants that kept recurring to the same people. He would be the first one to say they probably were warranted. Those receiving these grants are groups and individuals doing great work in the arts, but the idea is to spread out the grants as much as possible. David Mickenberg, Evanston Arts Council Chair, said the changes the Arts Council has made are reflective of both the knowledge of what's needed in the community and other community organizations. The Arts Council has divided up its fund in three main categories. Number one is the stabilization fund, the majority of the arts organizations in Evanston are not stable and managed by their creators in terms of board development, strategic planning, marketing proposals, memberships, and anything that would insure continued organizational excellence in stability needs to be augmented here. Number two is program monies with one-third going into program funding, and number three is one-third going into arts, which we have done in the past. We have eliminated the ongoing categories that you can apply for a grant that continues for three years in order to make this division. We did not think given the pool of funds available that ongoing funds is a wise idea. Also, ongoing grants goes against one of the major philosophical issues that we don't fund Page 16. organizations, we fund programs and initiatives. The stabilization furdi shy fd be: a once -tinge furl that we assist you with getting and then you're off on your oari. With the c,- r rJnds there is no guarantee for ongoing funds and by telling an organQation if they accky a second )ear tl,�ev would to decreasrrg the pool by doing that. There is not any large-scale increase in att organizatxrs in t^-e City of Evanston. What there is a large-scale creative pool that creates programs ammo opportunities nor people. The arts Courtzil decided they are not going to fund the same program two years straight and r.3s eiirninalEad one year. Ane.her good idea the next year is if you come in collaboration t:e eveen you arc Kids to Dance .one year,:t s a good Proposal and needs to be funded. well fund it. If you come in the second year with a proposal to work with the art center or to work with some organization in the Evanston corm-nurnty why shov'd they be penalized we want to be able to have the capabsty of funding tha. The Arts CCLnc:l is looking to create a stabilization fund because we think its going to have a massive inpe.. on organizatce-s and we're looking at funding artists not organizations depending upon the project and creativity they subrr.ft to ;he Arts Cz uncil on an ongoing basis. Alderman Moran asked if under those circumstances an organization comes in with a separate project for your suggested guidelines. would the Arts Council have the ability to fund it rf it ti,*ught it was meritorious. Would it be eligible even though you would not guarantee that you would necessarily fund it. Are you saying if an organization or individual came in for a second year with a new program_ if there was a new person or organization to compete and you thought they were better you could give st to them and deny the person coming in a second year. Mr. Mickenberg said the Arts Council is in the same position the City Council is in because there are not enough funds to go around for everybody and that wA always be the case. One of the missions of the Arts Council is to try to look at ways of augmenting that cultural problem not through the City Council, not through the General Fund, but to create partnerships in the community to look elsewhere for those dollars. To set up the Arts Council as a hub of communication between the business community, the corporate community, the small business community, the foundation community, Northwestern and the arts communities, to be able to channel dollars and augment the funds that the City and the state give to cultural funding. The Arts Council will always be in a positron of making judgements and selecting criteria and evaluating programs which is why they have a committee of advisors who review the grant applications and make recommendations to the Arts Council. All we're saying is; one. there should be a new category for stabilization; two, given the small nature of the funding we don't think ongoing grants are appropriate; three, that no one program should be funding in consecutive years; and four, if an artist or an arts organization has a good idea two years straight maybe we do want them again. But ccntrad.ctory to that the Arts Council has been extremely concerned about where the grants have been coming from in the past couple of years. Until recently we did not know but found out that people who got notified in a formal way of the grant application last year were the former recipients. The Arts Council has had an absolum priority that the application be distributed to the community, and they will meet with artists and board members throughout the community, as they want to ensure to advertise the public service announcements and on-line advertisements for this that the maximum number of organizations and individuals throughout the community know about and apply for these grants. They are not restricted to the people who have recerved them in pnor years and are not restricted to an elite few but are broadly based and sought after and the ability to get a grant is seen throughout the community. Another thing you need to know is Arts Council funds do not fund general outreach supports, it funds programs. All we want is the ability to afford excellence and insure that the program has maximum participation and maximum diversity in access to the community_ Alderman Feldman was happy to hear they are spreading the grants around because that was one of his concerns. Alderman Newman asked how this new policy is applied to the Piven Theater Workshop that has been funded every year since 1993 at an average of S1,200 a year. Piven is putting that money to good use for scholarships for people who can't afford the cost. If Piven comes back year after for the same grant will they continue to be funded. Mr. Mickenberg said he could not answer that. but rf he answered that question in the affirmative. if we get money he would suppose the Arts Council would give money to them. Alderman Newman was referring to the consecutive year stability grant. Mr. Mickenberg said the stability grant has never been in place before. If Piven could prove need for a stability grant the Arts Council would work with them in funding what they requested in that grant. For example, they could be requesting a consu,tant to work with on something special which would have a broad -based support in the community. Piven would have to Page 17. make a judgement, something a every large organi`adon does, do you want tho stpl~+hly grant er want the program grant. If you're going for stability you're not getting the program grant you will have to firxi ttI.e funds from your own internal way to do both. He thinks that every north shore organization is cerfronted with that situation. As a director of The Block museum ,for one grant in five different categories, if he chocses one he does not as after the others. It would be up to Piven to say which of those categories they wan; to go into. Piven is rot guaranteed funding every year, the guarantee is based upon excellence. It Piven has a great year this year, and we have five or ten other organizations that deserve this money then they rr+ll get grants. Alderman, Newman asked if Piven vrill come back to us and say we're not going to fund scholars?'xps. Mr. Mickenberg said arts organizations live with this decision year after year and Piven knows that. /-Iderman Newman asked if all the receivers of grants have seen this and was told, no, the grant applications W0 go out once its approved by the City and the Arts Council wUJ visit with almost every organization reguestcxl funding. Alderman Newman was going to move approval of the proposed Cultural Grant Fund Appl:caton and Guidelines, adding these guidelines the Arts Council is recommending along with the staff. Mr. PJ.ckenberg interjected there is one difference, the Arts Council is recommending no restrictions on the ability to fund an arts organization in consecutive years, they are not funding organizations they are funding prograrrzs_ On the stabilization grants there are no exceptions about Tvards, you can only receive it once. On the other two areas, funding for programs and funding for arts, we think there should be the ability to apply for programmatic support in consecutive years. As an example, Piven is not guaranteed any funding every year but is thrown Into the pool with everybody else and if they rise to top then they get funded and if they do not, they don't get funding. It is going to get increasingly difficult for Piven to get that funding every year if we do what we say we are going to do which is broaden the base effort, but Piven should have the ability to do that. Do not confuse -what Piven does with its grants and what Piven does with its community service these are two completely separate things. Offering scholarships as part of its community service is not what the Arts Council is funding in its social fund applications. His disagreement with staff recommendations is they fund programs not organizations. Alderman Moran asked if the staff recommendation says there could not be any possibility for an organization for two years in succession. Mr. Mickenberg said the Arts Council is saying there should not be any recommendation for a program getting two years funding, but an organization should be able to do that. Alderman Newman recalled Piven giving testimony at the City Council if they do not get this grant they would not be able to have scholarships. Mr. Gaynor said his understanding is community service equivalence is 15% recommended to go to 20 %. Piven's community service is equivalent to two scholarships. The per square footage fee in the lease is 15% less than market. The 15% is made up in community service and the community service is that Mr. Adler at Actor's Gymnasium gives out the equivalence of that 15% in dollars to kids scholarships. But the grant money Mr. Adler receives goes for program not scholarships. Alderman Feldman said his question was did the money fo the grant go to supplement the community service. Mr. Adler said the documentation he sent to you says what he considered it went for and what they rented it for was not the same. Mr. Mickenberg said the Arts Council is looking very closely to make sure there is no overlapping of funds. Alderman Moran wanted the record to show that the purpose for this discussion is there is no question about the berefct the grantees afford this community, something he wants to make sure everybody understands. In the history it clearly appears there is a perception which people have come to him and said they don't even conside- applying for the grant because people receive this forever so why bother. The position he too has with this was even though it might be the greatest program and a different program than in the previous year there needs to be something built into it. If, in fact, if is the will of this committee and the Council to approve it the way the Arts Council is recommending it he feels there needs to be a report that clearly identfiies why there are repeat grants if they continue because the track record has been one that doesn't show is is being spread around. Mr. Mickenberg said the City Council deserves to get a report of who got funded and why, also, there can't be any repeat grants as we do not repeat grants for programs, there may be repeat grants for organizations but the grants have to be different This means we cannot fund scholarships one year and then fund scholarships for a second year. Alderman Moran said his sense is the people on the committee agree w;th the impetus that the proposal has changed with the idea of spreading the funding around, but at the same time is hearing from the Arts Council they're commitment to spread the funding through the Page 18. x community and they want to make sure if there is a worthy program out there they're not cut off. lt►fir. Gaynor said as long as it is understood that the perception of every year the same folks get it for notf;fng has to disappear because other organizations in the community have to have that opportunity. Alderman Newman appreciated Mr. Gaynor's recommendation as there is a lot of good going on and this discussion has helped but the problem is that the other parts of the City were doing repeat grants all: the time. In concept he sees some reasoning in terms of shaking h up and getting it out there but he would ,rather go into that very rigid rule and give the Arts Council flexibility as they have said they will be doing a lot of outreach and will report back to us on a year to year basis. Alderman Feldman said it is important to lrnow why somebody got the grant but it is also important to know who else was competing for it and he would therefore like: to see the applications and rational why grants were awarded. Alderman Newman moved for the proposed Cultural Grant Fund application and quidelines, motion seconded and unanimously oassed. f3-0i. X.I. CONSIDERATION OF A PROPOSAL. TO INCREASE THE MEMBERSHIP OF THE ARTS COUNCIL. FROM NINE TO FIFTEEN Alderman Moran moved to consider a proposal to increase the membership of the Arts Council from nine to fifteen. Motion seconded by Alderman Newman.. Alderman Feldman did not have a strong feeling one way or another regarding this proposal. This seems like a no brainer, who would care if there were more people, but in light of the proposed reorganization, vision statement, articulation of where the Arts Council is going he would like to consider where its vision is for the community. The reason you want this is to implement and be able to deal with other things and he would hope by that time you have the advise and input of this marvelous, wonderful, Arts Council director for the City of Evanston who will also be able to comment on it and sell the entire package to the Council. He would like to see this all done at once with the director, with the Arts Council's work and thoughts, and he then would be able to look at it in terms of a context he finds not quite put together now. Alderman Moran said there is a sense to what Alderman Feldman has said but does not know what the Arts Council's feeling is about timing and phasing in this. His perception is its an effort to broaden the base, if you look at the Arts Council who has put in the policy making, formulating, executing, presenting, perpetuating, body, this says this is an effort to broaden that enterprise known as the Arts Council. He would assume the preference would be to have these extra people so when the mission and policy statements are looked at there will be a broader based membership to consider those things. Mr. Mickenberg said there are fifteen people that the committee would like to propose to the Mayor from various different segments of the community who are actively being talked to by a nominating committee of the Arts Council and who meet the participation and involvement of the Council. The commitment made to the Mayor was they would not recommend anybody who has not already agreed to serve and their names along with their paperwork will be submitted to her so she can chose. The problem the Council extensively talked about at its retreat was the fact that there are now seven subcommittees of the Arts Council and we do not have enough members to serve. When you look at the Arts Council you have a council tl^-at is 50% artists, 100% white, that is not good. We do not appoint members nor have we ever rnade any recommendations to the Mayor up until this point. The business community, Districts 65 and 202, the small business community, the foundation community, artists, art organizations, should all be represented on the Council and the Council should represent the diversity of talents, histories, and adversities that characterize the City of Evanston. Given the seven subcommittees that now exist we need a broader based Council to get the work that was discussed at the retreat done. Alderman Feldman remarked that articulation of the boards and commissions is Inherent in the population and the staffing of every single board that we have. Our boards are supposed to be representative of ft diversity of the City of Evanston as well as the geographical representation. Mr. Mickenberg thinks they can get to Page 19. where we want to go with the people they are taticing to who hive actively indicated an interesttin serving through community outreach. The way to get the grants diversified is to diversify the bo3.d. Alderman Feldman said the only problem he has with that is it has always been his hope that as great :a variety of people as possible be informed cf the openings and the possibility of their appointment. To that tend he has urged the Mayor and the City &I.anager to advertise those openings on all boards and ccrnmiissions on television and the newspapers. 1.1 there is a nominating committee that goes around and pre-selet-ts, and he is not talking about qualifications because he is sure you have selected some super peeele., but he is interested in giving the opportunity for application to as many people as possible. Once that cccu, m be is not unhappy if out of those submitting applications the best candidates are chosen. If he would si:rfport a sa called nominating committee then it becomes your job to staff the Arts Council as opposed to the NAayor's job. He would like the Mayor to get twenty-five applications rather than fifteen. Mr. Mickenberg said! the has no trouble with that and the idea of opening this up and advertising for it is a good idea. Mr. Gaynor said he thought we were talking about two issues, the issue of going from nine to fifteern the staff certainly would support and recommend. The other issue goes well beyond that and is not part of this recommendation as staff will not support how the appointments are made. He had a conversation with the Mayor the last time something o=rred when the Levy Center Advisory Board wanted to have a .. ember on the Recreation Board. They sent a letter to the Mayor who responded saying any individual whet would like to serve on any board is welcome to send her an application which she will consider but she was not willing to say its an automatic because it felt as though it placed her in an awkward position of saying we P,,ove fifteen names and if we take the sixteenth person who wasn't recommended by this group there are fall kinds of repercussions. He offers that as a piece of information. Alderman Feldman said he is beginning to feel comfortable with the expansion but has concerns about a nominating committee. Alderman Newman was not concerned about a nominating committee as siting as it is opened up and advertised to the entire community. He thinks if we expand this to fifteen pecpiie the Arts Council or Public Arts Committee should be coming up with recommendations to the Arts Comr-mittee. Mr. Gaynor said the Public Arts Committee is still a subcommittee of the Arts Council however, the Public Arts Committee has embraced the mural program and there are at least four on the drawing board now. ,Alderman Feldman asked the Arts Council to find a way that Alderman Newman could get the murals drawn over the graffiti. Alderman Newman said he just wanted to have a mural policy in the Arts Council. Alderman Feldman recalled for the motion to for consideration of a proposal to Increase the membership of the Arts Council from nine to fifteen. Motion unanimously passed. f3-01. Alderman Feldman thanked everyone representing the Arts Council for their attendance. X11. FY 00-01 PROPOSED ANNUAL BUDGET FOR EVANSTON TOWNSHIP The decision of the committee was to defer the Township budget until May when more time could be designated to this item. Mr. Terry noted the Township budget has a Revenue Line Item of Other itevenue in the amount of $400,000, without any indication of where that revenue is coming from. Alderman .Newman thought a complete explanation ;s needed of the Town Fund and the General Assistance Furnd. It is necessary for this committee to have the memo they requested whether or not tax caps trumps tl-ie issue of the Supervisor being able to raise the G.A. on whatever is levied and what type of authority. He did see the additional $400,000 income and wondered what was meant by that. Mr. Terry said he did not talk to the Supervisor he just talked to the Township Director, who is basically saying this is money needed t�D balance the budget and its up to the Trustees to find it. Alderman Newman asked if it is known how much money is left in the Town Fund. Mr. Terry said there is some money in the Town Fund Reserve but in February of 2000 that money will totally run out. Both funds will be extinct in February. Alderman Feldman said if we can't raise taxes to make up the fund the City of Evanston itself is not obligated one bit and the fact that it just so happens that the Trustees are members of the City Council is incidental to the idea because iFwe were not members of the City Council we could raise taxes. He would like to know what the Trustees can do other than raise taxes, the levy, which are limited by law to pay for that 5400,000. Its one thing when tl are are no Page: 2'0. tax caps then it's the obligation of the Trustees to provide through legislation that the levy be raised. We cannot do that any more, we can only do it to a certaain point. Under the law, It we levy to our rr,.ay.nnum how can we then be liable for providing money we can't get legally, We cannot go beyond our tax , and are obligated to go to the extent of our legal capacity to raise taxes, once that is achieved what can to expected of us. Alderman Newman said there is a question of a transfer directly from the City to the Township, htr_ Terry said the question is whether the Town Trustees are under an obligation to put the referendum on the ballot. He would just want some sense of the Trustee strategy at this time. The Supervisor was asked for a =wer memo on her own strategy of how she was going to help us resolve the problem. What she did u2s put in a 5400,000 line item in the Trustees Town Fund. At this point what do you want City staff to do with this. Alderman Feldman said he wants a letter sent to the Supervisor asking where would this money came from. Alderman Newman thought there should be such a letter, but thinks City staff should be prepared to fully understand the legal issues. He's going to take this 5400,000 line item as a request to the City of Evanston in lieu of referendum as the Township is a separate form of government. If there is an additional income required of a $400,000 line item and it's not in the Town Fund nor any Township account, that means that is a catch 22. Is there an expectation for the City to somehow loan this money in this budget year. W. Terry said as he understands the Supervisor's position this is the hole in the budget, how you corre up with $400,000 is up to you. Alderman Newman thought we need to be clear on the legal and finandW status of this. Mr. Hill as well Mr. Stafford should be in attendance when this meeting takes place. Alderman Moran remarked we need to know whether we're compelled to go to referendum and what would compel us to do that. Mr. Terry said if the Township Supervisor says this is what she needs to provide General Assistance. Alderman Moran said there may be a legal issue about whether we as Trustees are obligated to go to a referendum. If we go to referendum and it fails, then what. Mr. Terry said that has never happened. XIII. ADJOURNMENT The meeting was unanimously adjourned at 11:00 p.m. Respectfully submitted, Audrey Trot, Department of Health and Human Services Page 21. MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: OTHERS PRESENT: PRESIDING: 1. CALL TO ORDER DRAFT - NOT APPROVED CITY COUNCIL HUMAN SERVICES COMMITTEE Thursday, April 17, 2000 Civic Center - Room 2402 7:30 P.M. Aldermen Feldman, Moran, and Newman Aldermen Kent and Rainey Roger Crum, Doug Gaynor, Bob Domecker, Toni McKinley, Mark Franz, Maureen, Jay Terry, Audrey Trotsky David Mickenberg. John Wertymer, Michelle Brodsky, Andrea Leland, Tony Kelly, Evanston Arts Council Alderman Feldman Alderman Feldman called the meeting to order at 7:39 p.m. and welcomed every one in attendance. He announced the fact that we have one item on the agenda indicates the importance we place with these discussions with the Arts Council. This meeting was set aside with the Arts Council in regards to their long- range plans, mission statement, and the way in which they view the future of serving the community. It was his understanding much of this has not yet been formulated as they are currently in the process of doing some of that, but wanted to have these discussions, at least on a preliminary basis, to help this committee get an idea of the direction they are going. IL DISCUSSION OF ARTS COUNCIL GOVERNANCE ISSUES Arts Council members introduced themselves, John Wertymer, Dave Mickenberg, Michelle Brodsky, Andrea Lieland, and Tony Kelly. Mr. Mickenberg, Chairman, asked when was this meeting set aside for the purpose of discussing the Arts Council, as their members did not know why they were here. On Friday, they received emergency phone calls to attend. This has been a long time in coming and they have not had any notification of this meeting. He was in Jerusalem and first learned of this meeting on Friday, after playing telephone tag with Mr. Crum and Mr. Domecker and does not think many of this Arts Council panel knew they were to be here before last Wednesday. Alderman Feldman apologized for the short notice but said he did not have anything to do with that Last week when he spoke with Mr. Crum and Mr. Terry he assumed they were in touch with the Arts Council as they discovered the Arts Council didn't have the presentation it was thought they would have for this meeting. Mr. Mickenberg said he wanted everybody to be here but a lot of council members, who are out of town, could not be here for this discussion_ Had they known when they were going to present to the Human Services Committee, they could have organized this, but no date for presentation here was ever given to U7em nor was there any definitive date requested of the Arts Council other than we get it done. Circumstances and other people's schedules, especially his schedule, has meant we have gone into the process longer than we thought we would have. However, there would have been other Arts Council members who could have had more definitive information for you had we know this was coming up. Page I - Alderman Newman commented if the Arts Council did not know this was coming up, why don't we just have this discussion May 1'. If they feel they did not have enough time to prepare or discuss this perhaps tonight we can just briefly discuss issues we might want to discuss with each other. Not knowing what its on the May 1' Human Services agenda he is willing to find another night for this discussion or do whatever is decided to be done on this issue. Alderman Moran said just before this meeting convened he ran into some members of the Arts Council and asked them why this meeting was being called because he had not been told why other than there was a discussion of Arts Council governance issues and he does not know what those are. He received copies of excerpts of Evanston Municipal Code Chapters 1 and 9, about the Arts Council and Municipal officers. Alderman Moran asked the Arts Council if they received this material and the answer was mr. . He noted something here has gone terribly wrong and the question for the Chair seems to emphasize ne has never heard of a City agency or council being called before a Standing Committee of the City Council to account for itself under any circumstance whatsoever. Further, he has never heard it been done when a particular agency, commission, or council did not even understand what the purpose of the meeting was. From his perspective his suggestion is the meeting called tonight should be considered defunct and he thinks the Arts Council is owed the courtesy, if not the obligation, of extending to them in some detail the expwination as to why they are being summoned here for a special meeting. For his own purposes he would litre to know in advance of this meeting, whenever it will take place, in detail, What the purpose of the meeting i:s and for the Arts Council to know what the purpose is to give them an opportunity to prepare for that meeting. If the purpose of the meeting is to inquire of them some kind of strategic or long term approach to &ieir work and if its in the middle of that process, as he does not know what the process is, or if the case is there are some remarks here indicating it is an interregnum meeting, then that should be understood. Alderman Newman was having trouble understanding Alderman Moran's remarks. As far he can tell this agenda was set by the City Manager's office and not by any member of this committee. Comments should not be addressed towards the Chair but should be addressed to the City Manager. There were some inaccuracies in those comments because there have been other times where commissions have come before the Council, and recalls the specific instance involving the Cable Commission. As he understands this agenda was set by the City Manager's office and he expects the City Manager to explain to Alderman Moran why this agenda was set because no member of this committee requested this agenda, although this is an appropriate item for the Human Services Committee, Alderman Feldman pointed out there was a member of this committee that took part in setting up this meeting and establishing this as the agenda. It was communicated to him the reason this was set as an agenda item was the Arts Council had issues before the City Manager and this committee regarding a working relationship with the vision statement, a vision for the Arts Council reorganization of its relationship with the City Manager, staff, and departments. One of the requests in the material was that the name of the department be changed to reflect Arts and Recreation, etc. That kind of purpose of change, a new concept, a new V,:sion, a new relationship was the kind of thing all of us were interested in and he was led to believe it was further advanced in terms of your own conception and more definitive than he ncrn understands it to be. He recently received a phone call indicating, in conversations with at least one member of the Arts Council, that definition he thought it had was not there yet. The question then was is there any purpose at all to the meeting. He felt maybe there would be if we wanted to talk about where you're going, what you have in mind, e - This was not a summons but an attempt to meet on a congenial basis to deal with issues he knows you're :tying to deal with and this committee has concern about and interest in, the way the arts in the Arts Councl and Noyes Cultural Center and all the activities we have are affected in terms of the community, which rs part of our charge. There was no attempt to summons, if anyone would have said we're not ready we don't want a meeting, that would have been fine with him. He does not need to be out tonight nor do arry of us. He thought this meeting was important and thought the Arts Council thought it was mutually importartt. If it is not, if you don't care to be here or have anything in mind to discuss with this committee, that's perteytky fine with him. Page ? Alderman Moran found the Chair's remarks to be rather distorted. Alderman Feldman as1 ed how they're distorted !o which Alderman Moran responded when Alderman Feldman said if you donut want to be here tonight and have you don't have anything to say to the committee about the arts and if you're not interested. Alderman Feldman said you're distorting my position, what he said was if you're plans aren't ready. Alderman Moran went on to say it seems extremely inappropriate you would say those things in a circumstance where the councl that is being called before this committee, to which Alderman Feldman interruDled they are not being called, they were never called before this committee he just said we had a meeting and he thought the meeting was as much desired from the Arts Council as it was from the City. Alderman Moran said they didn't know abor-1 it, to which Alderman Feldman said he does not know about the fact they didn't know about it they were supposed to know about it. Alderman Moran continued, he would address his remarks to anybody who needs to gear his remarks whether it is the City Manager or the Chair of this Committee. He addresses his remarks to the Chair of the Committee because as he understands the Chair has serious responsibility for the development of the agenda. He does not think it is fair to tail a board or commission including this one before a Standing Committee of the City Council without having a full appreciation of the agenda and what the issues are about and if it takes the City Manager or other department heads within the City to explain to the council what the issues are he would appreciate their doing so and letting everybody know and letting them know well in advance of the time we're due to meet. He would also like to say he has every confidence that the Arts Council would be happy to meet with us, happy to be here, happy to discuss these issues and assume once they have had an opportunity to be alerted to what they are to develop their position and responsibil,ty. Alderman Feldman said he assumed that when they walked into this meeting they were alerted, they had been notified, they were prepared to be here, and when he heard they were not alerted or prepared it was news to him. There would have been no purpose of his calling a meeting for people that weren't alerted or did not knove they were supposed to be here. Alderman Newman had a bit of an objection because he thinks there is a deiberate attempt to mislead people at the Arts Council, He apologizes and wants the Arts Council to understand this member of the Council understands better than anybody that the agenda of our committees and the agenda of the City Council is primarily formulated by the staff of the City. While it is true that the committee Chair has some input into the committee agenda there is question that this item on this agenda which this member of the Council is trying to put on the Chairman has in all due respect been requested by the staff. After being on the Council for nine years Alderman Moran knows that better than anybody. Alderman Moran said he did not know whose fault this is. Alderman Newman said it is known that agenda items for our meetings are suggested by Mr. Terry and this item was requested to be put on this agenda by the staff of the City. The fact is he wants the truth and will walk out of this meeting if he does not have the truth on the table because it is not fair that this should be distorted cy Alderman Moran and asked Mr. Crum whether or not the staff suggested this item to the Chair. Mr. Crum responded, the answer is yes, we requested this item because it has also been worked on for some time by the Arts Council. Months ago it was thought to bring this forward as it is an item of mutual concern that needs to be dealt with in the future. The meeting time was set two weeks ago with the consent of the Chair of the committee. At that time Mr. Mickleberg was out of the country, although he was e-mailed two weeks ago and other members were also notified. On Thursday Mr. Crum spoke to Mr. Mickenberg on the phone and asked him if he wanted to go forward with the meeting even though it was late and we did not know whether we wanted to go forward. Mr. Mickenberg said he wanted to go forward with the meeting in an informal setting with no items to be taken for action, and start a discussion, as this would take longer than one meeting. Alderman Newman asked if the suggestion for this item was in any way, shape, or form the suggestion of the Chairman or the staff. Mr. Crum said it was not the Chairman's idea, but we thought about this, we talked about it, and decided to have a meeting. Alderman Newman said the point is the Chair participated upon the request of the City Manager's office. He has some issues about the Arts Council he has heard about from staff that he is interested in getting into rather than this type of discussion, but the truth of the matter is this meeting was requested by the City Manager's office in conjunction with the Chair. If the Chair did not want this item on the committee agenda he could have said no, but the chances of the Committee Chair not being responsive to the City Manger's office is one in a thousand. Alderman Feldman Page 3. said he thought thismeeting was a good idea because he thought it was important for the Arcs Counai and thought they wanted this meeting as much as the City Manager did. If he d►d not think than, this meeting would not have been held. Alderman Newman said given the fact that we have established whose idea it was, does me Arts Council still want time and feel they weren't property notified in advance. He is willing to come back t%ecause rather than having this meeting start off with one member of the cccrimittee making accusations to the Chairman. he would like to have a productive discussion and hear the Arts Council's views of what's going on in terms of the issues that the staff presents to members of the comrrcttee and have the opportunity to talk with the staff. What is happening here is one member of the committee wants to make some political paints and is putting out some accusations against the Chair which from the beginning poisons the atmosphere. Because the Fists Council expressed they did not have enough notice Alderman Newman wanted to be able to talk about issues that are going on from everybody's point of view, if they're interested in doing that. Alderman Feldman remarked after the City Manager spcVke to Mr. Mickenberg it was communicated to hum that the Arts Center's vision statement was not done and the question was whether or not we should go ahead and have the meeting. At first he said if they're not prepa. ed to do it then he is not interested in having it and then we talked about maybe having a preliminary kind cf very informal discussions that people could talk about in terms of where they think they might be going and to get some kind of committee or Council response to that. If the Arts Council is willing to do that he's willing to have a meeting. Mr. Mickenberg appreciated what everybody said. To set the record straight the Arts Council really does want to meet with the Human Services Committee, they have no problem with that and look forward to an open discourse. When he talked to Mr. Crum about this he expressed a great deal of shock about when it was coming because he spoke to Mr. Crum on Thursday and before that did not know it was coming up. If there was an e-mail his apologies that he did not respond to it because he does not remember ever getting it. On the other hand he did tell Mr. Crum that a formal committee meeting with presentations was out of the question but if they wanted it to be an informal conversation that would be great. However, that was before he realized we were talking about all nine members of the Arts Council. When he found out council members that were invited to this meeting were having a great deal of reservations about coming he called Mr. Dornecker and told him he wanted to back out of this meeting and would rather not do this meeting as he believed this was a mistake. A mistake because there is a subcommittee of the Arts Council handling the proposals which will go to the Arts Council and looking into various different options. Any conversations we have with you we would like to be in a structured, organized, well conceived discussion and not a sort of free for all. To do that we have to prepare and prepare well in terms of the documentation, as the council has a lot of issues they wish to bring up, a lot of questions to be asked, are looking for feedback, and do want to meet with you. He would not prefer to do this tomorrow r ght when the fists Council has a full agenda, and ask people to come two nights straight when they will be in a meeting at least 3-hours tomorrow. He'd rather not do it when the committee does not have enough time to prepare or even look at the documentation from its own subcommittee. He does think Mr. Crum has exhibited a great deal of patience with them as he asked them to get this done in 2-months, we did not do it in 2-months. a great part has come back to us because of his schedule at the University in terms of building and his Israeli trip. Mr. Crum wanted this on the table, they wanted this on the table, to be perfectly frank having people show up on a moment's notice, without the proper documentation, is a little difficult. It's not that we Lon't want to be here, we really do, its just tonight is not the right time. Alderman Feldman appreciated what Mr. Mickenberg said and J at any time before this meeting he had been told those views we would not be here now. Mr. Mickenberg said he just had two more pieces of information and would love it if we could adjourn. First, he would hope this meeting was not called by staff but by Council, and second, he was told that this meeting was happening and regardless of their reservations it would happen tonight. Those reservations were expressed on Friday. Alderman Feldman asked Mr. Mickenberg who told him that, to which Mr. Mickenberg responded he got a message from Mr. Dornecker this meeting was happening and he was to come even though he expressed this is not the way to do this. From the Arts Page 4. itCouncit's standpoint, they took forward to meeting with you, and they'd love to do it, but this is just the wrong circumstance. Alderman Feldman could only say that none of the sentiments just described by Mr. Mickenberg had anything to do with any member of the City Council or this committee. This is not an important meeting in the sense if you weren't prepared we still wanted to have it as he did not have a specific agenda. Mr. Mickenberg said if somebody had told them a month ago this was on the agenda for tonight they could have put their efforts together to come up with something. Alderman Feldman said that is not the issue nor does it make any difference, the fact that at any time if you were unprepared, urrrrilling, or uncomfortable there would not have been any reason to have this meeting. He thought this was a coming together, not a report and never assumed you would be reporting to the Council. The way it was presented to him was you had issues to discuss with the City Manager and the committee, and he thought you wanted this meeting which is why it was set. When he found out you weren't prepared he said if you're willing to go ahead on an informal basis he is too, which is how it ended. There was never any attempt to force, coerce, or anything else. Alderman Newman wanted it clarified in the minutes that pursuant to the rules of the City Council the Arts Council has a reporting relationship with the Human Services Committee. In regards to the summoning comment made, one of the reasons we went back to the committee structure was to go back to discussing what's going on with all the boards, commissions, and councils_ The Library Board attended the last Human Services Committee when the critical issue of a branch library policy was discussed with them. He would like you to understand it is not unusual for boards, commissions, and councils to come to Human Services Committee meetings as does the Mental Health Board, the Commission on Aging, etc. He is glad to hear from the Chair that you would also want a meeting but before we can set the date there are two issues for you to think about that concerns him. The first issue of concern generated out of the budget process which was the reduction of the art grants. He wants to be able to have a dialogue with you about the City budget process because everyone has to understand that process and he wants to make sure we understand where you're coming from and where your thoughts are on it. The second issue, and speaking for himself as he has a personal concern about this, is the management and lines of authority at the Noyes Center. On that point he would like to hear from you and from the staff if there are problems so we can all discuss this. At this committee's last two meetings we have been dealing with a lease issue concerning the tenants there and discuss some of the issues in terms of the management of the Noyes Center because to hear the Arts Council's perspective as well as the staffs perspective. If the tenant's committee wants to be heard he would also want to hear their perspective. If you have an opinion, want to take a position, or get more information on those two issues he wants you to know he's interested in having a dialogue not a summoning. Mr. Mickenberg said two issues Alderman Newman raised are the two of the issues the council raises and they have absolutely no qualms about sitting down with the committee to discuss both of those issues as well as others. Ever since the council has headed into a transition in directors they have met more often with Mr. Gaynor and there has been a much greater understanding of what the reporting relationships are with the City than existed when they were being directed by Jonathan Gluss. The council is keenly aware that everything the council has to do and is going to recommend has to come before this committee and has never had any qualms about doing that. He thinks our reluctance to talk tonight has everything to do with preparatory time and nothing to do with either acknowledgement of the reporting relationships of the council or the council's responsibility to be accountable to this committee and to the City Council. Alderman Newman commented he does not think we ever said we're interested in reviewing the grants made by the Arts Council, we're interested in knowing what they are at the end of each year, nor are we interested in passing judgement on whatever you do on the grants. Alderman Feldman wished to again state for the record there was never an attempt against your will to come to this committee, there is no reason for us to meet if you were either unprepared or unwilling for any reason not to be here. If it was characterized as that to you he apologizes as he does not know where that came from or what kind of misunderstanding that was. It was never part of any discussions he took part in and certainly had nothing to do with his motivation. Lets get on with the idea of when you might as a council be prepared to feel comfortable in having discussions with this committee. Mr. Mickenberg said this will be Pace 5. addressed at their next council meeting and a convenient date wi3l be selected to come back to thin committee. Alderman Feldman suggested working with Mr. Terry regarding the Human Services Committee meeting schedule. Ill. ADJOURNMENT The meeting adjourned at 8:15 p.m. Respectfully submitted, �_�� Audrey Trot y Department of Health and Human Services Page 6. s DRAFT - NOT APPROVED CITY COUNCIL HUMAN SERVICES COMMITTEE Monday, April 16, 2000 Civic Center - Room 2402 6:00 P.M. MEMBERS PRESENT: Aldermen Feldman, Moran, Rainey and Newman MEMBERS ABSENT: Aldermen Kent STAFF PRESENT: Roger Crush, Herb Hill, Bill Stafford, Kathy Brenniman, Mary Morris, Pat Casey, Maureen Bary, Marie Franz, Harvey Saver, Paul Singh, Jay.Terry, Audrey Trotsky OTHERS PRESENT: Mayor Morton, Alderman Bernstein, Betty Payne, Sylvester Hilliard. Sharon Eckersalt PRESIDING: Alderman Moran I. CALL TO ORDER Alderman Moran called the meeting to order at 6:16 p.m. He announced this was a special meeting to deal with the Evanston Township Budget and was principally designed to be an informational meeting. it. TOWNSHIP SUPERVISOR BUDGET OVERVIEW Ms. Payne did not have much to say other than she felt the budget has been reduced by at least $150,000 from what it was last year and was cut back to the point where they need to be funded in the amount requested if they are going to operate a program. She was open to answering whatever questions the committee may have. Alderman Moran thought there would be questions but at this time wanted to work through the various presentations and come back to the questions. III. FINANCE DIRECTOR REPORT ON TOWNSHIP FINANCIAL STATUS Bill Stafford, City Finance Director, stated he was requested to look at the Township books and financial situation and wanted to take this opportunity to thank and express his appreciation to the Township staff for the wonderful cooperation afforded him when going through their books. He would like to say it is good, but as the situation stands it is not. As discussed previously the Township has two issues, the budget issue and a cash flow issue. Early this fall, the City loaned the Township $200,000 to assist getting over their cash flow situation. That amount was repaid. The Township was again assisted with $200.000 in January of this year for their February expenses, of which $100,000 has been repaid. Two analyses were included in the committee packets, a cash flow analysis on the next twelve months and a projection of the next three years. His three-year projection is very similar to the one done by the Township and the NAelve-month cash flow was shown to Township staff Valerie Wideman, Township Accounting Manager, who concurred that the numbers were within reason. The problem that exists is the Township will not be able to repay the City loan of $100,000 as that money will needed in the next sot months for their cash flow. The Township will also need from some other source another $100,000 in each of the months of July, August, and September to be able to maintain operations at the current budgeted level. Based on his projections for the entire year, by the end of the year if the current budget which is not on the table is maintained the as of the end of March 2001, the Township Page 1. will be $500,000 in debt. This will occur for M-o reasons, one. them is a budget *ss je and a gap in terms of revenues and expenditures against $300,000. and two. there is a cash flow pr`t item ane they are rapidly running our of money. From a budget point of view the proposed budget is S-2; _,000 in deficit. Ms. Payne is correct in saying it is not much different than prior budgets the problem is there c:.r-,�enlly is no cash balance which in prior years filled the 5200,000 to 5300,000 deficit. There are no cash bXan:,es left to fill that in. In looking at the projection for the next three-year there will be a 5275,000 to SX\). C0 debt or a deficit budget for each of those three years. If those deficits are allowed to accumutate for fvNir rt,-.3ts the Township would have a deficit of $1,200,000. There are two simple financial options, either we need more money or less Q.xp<rc.,ures In looking at the expenses there are not too many optional programs. One, is it mandated by law There is about 550.000 in community action money rot mandated and by no means is he commenting on whether or not the programs are good they are just not mandated by law so if expense reductions rrere to be looked at that would be one place to look. The only other two places to look at are personnel and general assistance levels. In terms of personnel there are 8.5 full time equivalent staff. To make up this defn-�t rwould take between three to five full time staff members and there also is a part time summer aid position. Literally three to five full time positions would have to be cut and/or decrease the general assistance level which is set at $335.00 per month per recipient. As an example, and not something he is proposing, if the deficit was 5275,000 and you took a combination of the community action, three full time positions, and reduced the G-A. level 40%, you can probably come close to 5300,000. This is not something he is proposing but the kinds of options to be looked at on the expense side. The only way revenue can be increased in significant dollars would be by some form of referendum for property tax caps because the Township is a non home rule unit and their ability is t.mited to increase their levy. This will be addressed by Mr. Hill. Mr. Stafford's bottom line to this analysis is even if there was a referendum, which he is not commenting on one way or another. and it took place in November we still have serious cash flow problems this fall. In his estimation some decision one way or another has to be made by the end of this month. His concern relative to this is, for example, if we did ask the Township to pay back the $100,000 they now owe us they probably could not make their June payroll or payrolls from thereon. The reason they are tight on cash goes back to property tax because they will not see another infusion of property taxes until October at the earliest. The latest report received from the Cook County Collector is an October 1 a due date on the tax bills and the money generally does not come back into the communities until the end of the month. This would mean some of the money would come at the end of October but most of the money would come at the beginning of November which is the only point in time the Township would have an infusion of cash to make up for the loss_ However, at that point in time their cash needs would be close to $400,000. Mr. Stafford was open to any questions relative to the budget. IV. CORPORATION COUNSEL RESPONSE TO COMMITTEE LEGAL ISSUES Herb Hill, City Corporate Counsel, noted a series of memos were submitted to the committee tonight, all of which had been received over the course of time from 1990 up until 1997198 concerning the relationship of the Board of Trustees to the Township Supervisor and what entity had what power with respect to what elements of the Township budget. At the City Council meeting, of approximately six weeks ago, he was asked questions with respect to the relationship of the Township budget, the General Assistance Fund, and the Town Fund and how that all inter played with respect to the overall budget. The Township is a non home rule entity, therefore whatever the Board of Trustees knows about the City of Evanston and how it functions it does not pertain to the Township. The statutes state and require what the Township is requ red to do. We've given a series of opinions going back to at least 1991 and the first opinion in the packet is the seminal opinion we rely on even as of this day with respect to the authority of the Township Supervisor. That opinion states that the Township Supervisor is the officer responsible for General Assistance, for setting forth the General Assistance expenditures and for determining the basic rate for General Assistance. The Board of Trustees have an obligation to audit what the Township Supervisor has provided, but the sum and substance of General Assistance is retained by the Township Supervisor. With respect to our current budget if the Township Supervisor is requesting a levy up to our statutory maximum then the Township Board of Trustees, - Page 2. it under our opinions, would be required to levy up to thnt maximum. If that Township levy was not at the maximum, but such that the tax extension limitations ►WUM protide then the Township Bi%ard cd Trustees would be required to follow that. The end result of both those rnstwices is similar, that a roferendurn question would be required and based upon case law we would say ttie T,,-,wnship Soard of Trustoes cons tstent with the Painter case decision. The Lyons Township derision he rvfers to, would be required to adopt the referendum question to meet the financial obligations the Tvivnshi jo Supervisor is requesting.. (At this point Alderman Feldman entered the meeting.) With respect hi the Town Fund the Township 13aard of Trustees have complete autonomy and authority as to how to use it %\hat ive are dealing with tonight and in the future is the relationship of that General Assistance tax levy. whether or not the request now beir.9 maw pertains to and exceeds the statutory limits or the tax assessor limas If it -doesn't reach either, it's a decision for the Board of Trustees, otherwise the Board of Trustees is in a circumstance that expenditures for Township General Assistance purposes are within the discretion of the Township Supervisor and we would recommend to the Board of Trustees that the necessary referendum question be adopted by the Board. There is not a statute that requires that. The statute is permissive and has the phrase, "may extend", but based upon the Lyons Township decision we are interpreting that as an obligation of the Trustees to meet the financial requests of the Supervisor, hence the extension would be required. One further corollary to that is a statute that has been in effect throughout the entire process the Township and the City of Evanston has been dealing with, the debt limitation function which is a limitation on the Township Supervisor. Specifically it woe,dd be the ability of the Township Supervisor to place the Township into debt at a current time. How that inter plays with the budget is something that everyone would have to work on. In essence, he thinks this is a situation where the Township Supervisor and the Trustees are in an environment where mutual cooperation and understanding would be necessary to solve this problem. The Supervisor has the same statutory powers as the Township, but how they relate is what has to be worked out_ Alderman Feldman's only question other than placing the issue on a referendum was if there is an additional obligation on the part the Board. Mr. Hill responded, as he reads the statute he says, no assertively, because there are no interpretations, there is no case law, there is nothing out there on it. There has not been litigation on this so the statute doesn't describe it, but the case law requires the Township to levy to meet the needs of the Supervisor for General Assistance. The statute is permissive with respect to the tax extension which we interpret to mean, to meet the obligation with respect to the Township Supervisor. The question has to be placed, the Trustees are not required to support it, nor to do anything with respect to it other than to, he believes, place it on the ballot. That is his interpretation, others have a different interpretation. Alderman Feldman wanted to know if there is an alternative interpretation the Township Supervisor has, and what are the legal implications that might follow as a result of the referendum not passing. Do the Trustees then have additional obligations? Mr. Hill responded with respec! to that, his opinion is the Trustees do not. at that time the people will have spoken. There is a mechanism in place to determine if the November election would result in no passage of that referendum question. then the preceding years extension would automatically apply and there would be a shortfall of $400,000 or S500,000 making a very difficult situation for action. At that time there would not be funds available to meet the needs. Tax anticipation knows that perhaps something like that could be done, but legally the Trustees would have discharged their obligation. Alderman Feldman asked if that would then mean the Tovmship is in default. Mr. Hill, responded. conceivably, the answer to that goes back to the statute that lirnits the ability of the Supervisor to place the Township in debt, its limited to monies on hand or monies to be collected. That is a break to the circumstance and how that inter plays is an analysis of each of the line items of the budget. Alderman Rainey remarked we couldn't go to tax anticipation if a referendum were to fail because we would not have the revenue anticipated from taxes. Maybe there would be one-time taxes but it would continue to be a deeper and deeper taxable loss where we could never catch up. Alderman Newman thought Mr.Hill's explanation added to the confusion because the Debt Limit Statute basically says, unless something changed since 1991, "The Township Supervisor may not incur an indebtedness in excess of the taxes levied for public aid purposes. Therefore the Board of Town Trustees in the exercise of the auditing power may take necessary actions to be certain that the Township Supervisor Page 3. 'X maintains the Public Aid account within budget. ' If, as y�ziu s:ry, the Supervisor can take acticrts; to set the grant level, and the number of employees, that says to hrm once the money runs out the Trustees can take the necessary actions to be certain the Township Supervi`or maintains the Public Aid account within budget. Mr. Hill noted it begs the question as to when that statute kicks in, does it kick in when the accourn is at zero or when at some point it is believed the account will be it debt alderman Newman said its in debt now, no indebtedness shall be incurred by the Supervisor in excess of taxes. As soon as we think there :s a budget that will have a deficit, which we have in the year 2001 of $275,799. %ve have to take the necessary actions. He asked Mr. Hill to show him what language he is referring to that says we are compe!Ied to do a referendum, but is not saying we won't want to do a referendum. Mr. Hill replied, as he previously said there is not a statute that states the Trustees as a body are carnpelled to pass a question adopting a referendum to be placed on the ballot. With respect to the Township, General Assistance levy the statutory language reads permissibly that the Board of Trustees may increase the levy beyond the statutory amount. He takes that language and couples it with the very first case presented, the Painter case. Alderman Newman asked under what authority are we compelled under this case. tiLr. Hill cited from the Painter case decision, ` Thus the supervisor has the lawful authority to administer the general assistance program which included the establishment and/or revision of the basic maintenance level unhampered by the rules and regulations set by the board of town auditors." Alderman Newman asked Mr. Hill if he is taking that as a matter of law we as Trustees are compelled to put a referendum on the balliot. Mr. Hill replied he would have to look further Into this case, but from this case which stands for the praoosition that the Board of Trustees were required to fund the position of the social worker which the Supervisor had requested, that sets forth the position that the Board of Trustees are required to provide the funding wriich the Supervisor requests for necessary general assistance functions. So long as the budget has, in the discretion of the Supervisor, general assistance functions the Board must levy for it. One can argue that levy requirement ends at the statutory maximum, however, the statute gives the Board of Trustees permiss.rve discretion to increase it and he is taking that position because its permissive to increase and a requirement to fund. The Trustees are required to adopt the resolution for the increase in the tax levy. Again, there is no case law setting that forth, or any statutory section that clearly states that. Alderman Moran inquired regarding the debt limitation in the statutes and asked if there have been cases that explain what the statutory intent was, or use of the term debt. Mr. Hill said cases he found from1945 and earlier dealing with the phrase were groceries and foodstuffs. There was a WPA case with the Township, not the Supervisor but a different Township officer, had contramed with an engineer for work. The question was whether or not that work was to be paid for by the Townsh p with respect to the groceries, etc. Cases said that's the requirement because there was General Assistance, Public Welfare and Aid, with respect to this engineer and the construction project. The case stated a was not required to be paid because that was different from general assistance per se. General assistance is a separate category in our statutes going back to the late 1870's when the state legislature took it upon as a govemmental function to take care of the less fortunate and this is the mechanism that was set up and it is the Supervisor who has the responsibility. Alderman Moran asked if the excerpt Alderman Newman read from the Painter decision seemed to suggest that the Supervisor has more or less unfettered discretion on setting the level of the assistance payment which is much different from having the same stricture placed over the entire budget. Mr. Hill commented he would have to find more in the case. Mr. Hill read from the head rote on the Painter case, "Legislature exclusively granted to town supervisor power and duty to operate public assistance program of town, to appoint employees as supervisor deemed necessary to cant' out prc+ram, and to determine duties and compensation even though Board of Trustees had general responsibility for adopting combined budget and appropriation ordinance for entire local governmental entity. " The court stated here that the obligation of the Trustees, is to provide the funds to the supervisor for general assistance_ That was the legislative intent and scheme, the court deliberately stated there was no passing upon the merits of that because we have one body, the Township Supervisor, requiring another body to make a tax,evy. That is a separation but the court said they acknowledged that separation does exist and that's what it is. Alderman Rainey wanted to clarify that the Township Supervisor has the authority to set the budget, as she did not want any distinctions between General Assistance and the Township. We have an obligation to pass that budget and at the same time compliment it with revenue to pay for the expenditures set forth in the Page 4. x budget up to the tax cap limit. At that point if the budget exceeds the revenue requirements or resources that we currently have available to us, then we have an obligation to vote in favor of a referendum. Then we reafly is no point In quibbling over this as the final authority e+f whether or not there is sufficient revenue to doer the Supervisor's budget rests with the electorates. Mr. Hill remarked that is correct in either circLmstance. Should the tax requested be subject to the tax limitation or tax cap, or should the tax requested ba subject to the statutory limit as to the amount funded that can be the levy itself. Either way it's a referenda rrocess. Alderman Rainey went on to say it would be her unsrh.oflled opinion that you do not have any chance getting a referendum passed by the voters for this budget. h would seem to her we could back up and rework this budget, as she cannot image the voters supporting this referendum. If she is totally wrong it might be a good idea to still rework the budget so we do not have the kind of deficit it is going to generate. A lot of tnought needs to go into whether or not at the point time you ask us when it is necessary to put a referend--n on the ballot. Alderman Feldman asked what the downside would be of having a referendum. Alderman Rainef found no downside other than there would be a budget out there waiting to be funded through the results of a referendum that could never come to pass. A realistic approach should be taken in that maybe t)e budget needs to be pared down so the revenues can support .t. Ms. Payne said since we have Mr. Hill's attention here and Mr. Stafford has said in regards to red:jcton, the only way we're going to be where we need to be is to c:Lq the grant, cut at least three staff people and make one more cut. There is no way she can run a program under those situations so perhaps Mr. Hill should let us know what happens when we don't have a Township because she could not cut the programs in the way we need to cut to get the $400,000 down or close to that number. Another thing said was once the referendum was put on it did not have any obligations cf the Trustees, they have fulfilled their obligation. Her question is there still would not be the funds for the General Assistance programs according to the state statute which says we have to provide that. Mr. Hill said at that point the Township Supervisor is bound by the indebtedness limitation and must live within some budget. The Township Supervisor cannot impose unilaterally high numbers that aren't acceptable and the termination of acceptability would be the referendum question. If the referendum question were answered at a specific level then, is the budget that would be imposed upon the Township Supervisor and is the Supervisor required to make the expenditures shelhe deems appropriate for General Assistance within the limits of the budget. Ms. Payne asked if it is correct to say that does not come into play until a referendum has been put on the ballot and failed. Mr. Hill responded, not necessarily, if the Township Supervisor puts the Township in a situation where the debt is greater than the monies available the Board of Trustees can intervene and stop. The 1991 opinion is specific language from the Township handbook that uses that as an example. The Township Supervisor cannot put the Trustees and the Township into debt, the Trustees and their obligation as auditors can act to prevent that. Mr. Hilliard thought even if a referendum is put on the ballot in November they understand that this year's grant cannot be passed based on the November referendum. That referendum would deal with the years 2001 and 2002. They are now in a situation with this year's budget and the referendum will only be good in 2002 and 2003. Mr. Hill was not certain if the referendum question applied back to 2002 and 2003. Ms. Payne said they need to have a budget approved by June 30' for which they do not have the money, as this is the money they are trying to get. Mr. Hill commented under the statutory scheme the Board of Trustees are required to adopt a budget by the end of the first quarter of the fiscal year which is June 30`, but the tax levy itself it is not required to be adopted until the last Tuesday in December, after a November election. Mr. Hill asked Mr. Stafford if it is then correct that the November referendum question adopts an increased tax that would apply and be collected in the year 2001 for th-e year 2000. Mr. Stafford responded that is the way the law works and if it works for us, if the referendum got passed in November it would be filed in December and you could start collecting early in 2001. At that point in time you could get access to pass it in November and then file a tax anticipation to get money assuming you had enough on a levy. There is still a huge cash flow issue for this year. Ms. Payne asked if the budget could be approved on June 30=' based on the anticipation of the referendum in November. Mr. Hill did not advise doing that. Page 5. Mr. Hilliard noted from what he has read they have not been able to levy to the maximum for t!-e last four years. If they had been able to do that they would not have ,h;s proNern today Four years a�,= they had $2,000,000 of reserves and were told to use it and :he past f.ur years used Sr--N.000 each yz- now tine reserve is gone. If they did not have the reserve the-4 would h %-e had this proNem three our focr- •ears ago. It was never seen by the Trustees because they --ad the cash reserves to deal ►%lth it Wl,er- Bey had $200,000 in the budget last year for tne housing furs and signed that over to the City Even if they,. -an a lane short they were able to move things around, but tt-e situation .s the Township is dc-4--sn't have t-e sewer or water fund, they only have one fund and can't borrcl w from Peter to pay Paul and from Paul get : e money to pay Peter back. We don't have the kind of leveraci= to do that Therefore. ►%v should face this :rattem arad look to see what can be done about n because its rot as though we are putting the Township ir, --e'at. Alderman Newman again brought up the facts of the winter case were when the Township Board cf Trustees tried to remove, from a line item, a specific recomme-nded appropriation by the Township Supervsor. This is a case where there was a $100,COO to spend that the Supervisor wanted to spend it in a certan way but the Board of Trustees said no. In this particular case there is no money above the taxes coming in and " authority of the Trustees to appropriate above that certain paint. This is a situation where there is a 1987 subsequent statute passed by legislature called tax caps, which wasn't in effect at the time of t:-,e Painter case, and he does not know that we are compelled cr, a reading of that case to say in the affcrmati ee vve want to go out for a referendum. He's not saying it's a bar idea, but its a long from saying we're comRe!'ed to go our for a referendum. Mr. Hill reiterated, this is the opinion he is expressing from the Painter case. The Painter case required funding we can argue up to tne maximum levy allowable under the law. Alderman Newman is correct is saying the Painter case did nct address it. but that law the Painter case is referring to had in it the ability to increase the tax extension. 'What is logical in his mind because there is no case interpreting it, is the next step is to require the Board of Trustees to put the question on the ba'.lot as a referendum question. This may be begging the issue if the Township is now levying below its levy and if the budget requested by the Township Supervisor is grea'ier, either the cost of living or the consumer pace index which ever is less. There may be a requirement imposed upon this Board of Trustees to have a referendum question no matter what just to cover the ground from where the tax levy is now to what is the maximum allowable. If that is greater than the CPI by 5% then the requirement of that will go to referendum. In that scenario you may be faced with a referendum question no matter what and the question then is how high do you go. Alderman Rainey asked Alderman Newman what his alternative would be other than going to a referendum and if he has some idea of how to generate more revenue for the Township short of the referendum. Alderman Newman answered, no, he does not accent it as a given but is trying to find out and understand this law. He thinks the best alternative might be to go out for a referendum but is hearing that our votes are compelled and we have no choice. He is philosoph+caliy trying to figure out how somebody can tell someone you must vote yes, even if you think it's a bad idea Alderman Rainey said it would be interesting if the Council voted five to four against a referendum on tt,e ballot. Mr. Hill remarked the Painter case had some discussion of this point and preceded to read from the case, "Initially we observe that is not our it is function to oetermine the wisdom of the scheme adopted by the legislature, rather, it is only our responsibility to determine the legality of the particular procedure. We further note that in several historical instances, the Illinois legislature has imposed a duty on one local government entity to enact or impose a tax levy on behalf of another local government." They are saying you may not like it but this is what it is and is imposing the duty upon the- Trustees to meet the requirements of the Supervisor. That's the language that is to follow the progression in the thinking, there is no case here to support that and this Council can make a determination that is incorreG on its own. The way he reads and what he has found in research is there are no cases interpreting this. He called the Department of Commerce and Community Affairs they said that's an interesting question but there was no definitive answer to R. Alderman Feldman said it sounds to him there is nc mandate and the requirement is not clear Mr. Hill is stating that is his opinion. Perhaps we would want to do some additional research on that. Mr. Hill said they could certainty come back with more research but it wail' say it appears as if the referendum question may very Page 6. X well be a non issue because if this tax levy generated by the request of the Township Supervisor is more than 5% or more than the CPI for this year's budget, the Trustees are required to do that levy and you can't get to that levy without a referendum_ It appears that a referendum question will be needed no matter what. Mr. Terry said part of this discussion is triggered by the line item Other Revenue in the amount of $400,000, in the proposed Town Fund budget. He asked if the inclusion of another revenue fine item in the Town Fund the same as indicating that's what's necessary to run the General Assistance Fund and if those two items are the same? Mr. Hill replied, no, one does not follow the other, The question is Were does this $400,000 come from, what is the general revenue being raised. In opinions received in the meetng packet the Trustees are not required to make transfers from the Town Fund into the General Assistance Fund. If there is money in the Town Fund it can be spent for Town purposes and the op4nion suggests appropriate purposes on spending the Town Funds. That would isolate the money in the General Assistance Fund to a discrete number. Alderman Feldman remarked the real question before us is whether or not we want to solve this problem in one of two ways, to try to go for a referendum or to dramatically alter the nature of the Township. He does not see any other way than trying to raise additional money and the only way he is now aware of being able to do that is not a way but a possibility, which is a referendum. Alderman Feldman asked if that referendum had limitations or could there be one for any amount. Mr. Hill said it could be any amount because the statute sets forth the format of the question, and it's a yes or no vote. Alderman Feldman asked if a specific figure has to be set that would be up or down on the basis of that figure and would the referendum be for ensuing years. Mr. Hill replied that is correct and the referendum would show what the new tax is and would have what percentage increase that new tax is from whatever the prior tax was. Thus, the public sees the new number and how that new number relates to the old number. Alderman Feldman thought the first policy decision is to decide if in fact the Council wants to know whether or not it is obligated to put a referendum on the ballot and in conjunction with that a reduction of the budget of the Township which according to the Supervisor has dramatically changed the nature of her office. Alderman Moran noted Mr. Stafford pointed out three places to look, either community action, cutting a certain number of full time employees, the level of assistance payments, or all three. In his view we still have a budget with a number of lines and a number of programmatic elements in it of which there are numerous line items within those programmatic elements that are not insignificant It seems to him there may be a number of additional places to look. He does not know what definition is being applied to having a dramatic alteration of the Township but thinks there are areas to look at. Alderman Newman said he supports Mr. Stafford and was just doing a philosophical exercise to find out whether we are compelled and has no problem going to a referendum. The Finan;e Director's memorandum cites a shortage this year even if a referendum is passed in November. The threshold question is how do you deal with the $275,00 and after you deal with that the next question is what referendum amount are you going request. He does not have a problem submitting Supervisor's request for more money to the voters. He thought tonight we were going to try to figure out our options regarding the line item of the $275,000. It seems to him that $275,000 has to go this year unless somebody else has another idea. He is confused regarding the $275,000 figure and asked if all the Township Funds put into this budget get into the $400,000 item. Mr. Tent' said as it was explained to him by Mr. Stafford, the W-0,000 is comprised of $275,000 actual expenditures and another $125,000 intended as a cushion for cash flow. Mr. Stafford added if the net revenues and expenditures are taken into consideration there is a $275,000 deficit budget. The reason behind putting in the $400,000 figure is there needs to be cash, the Township needs $125,000 to $150,000 in the bank in order to operate. The budget can be balanced with $275,000 leaving the Township without any operating cash. Mr. Stafford wanted to clarify this is a $275,000 cut yet the Township is still in the position where they can do tax anticipation notes. They can go out and get tax anticipation notes on the levy coming in in October, pass back our money and have just enough money to make it through until the levy. In October when the levy comes in they would have pay back the loan. They can do that on this kind of an operation but would probably need about $25,000 to pay for interest income to enable them to survive. The cut would have to be between $275,000 and $300,000 to survive placing them in a situation where they would have cash but Page 7. x would have to borrow. The $400,000 that Ms. Payne is referring to will give them enough of a cushion without any question of there being enough cash. We might be able to run the numbers where they %vould have a little less. Alderman Newman did not understand what we could do with the S400,000 because if we do'n`t have any budget cutting authority our conversations about how the Supervisor should be spending the money Is meaningless. He does not understand what our role in the budget process is other than just saying we won't pass the budget. Alderman Moran commented we all recognize the fact that there is no problem with supporting a resolution for a referendum to raise the levy and Mr. Hill is telling us this is something we may have to do. It might be a short sighted maneuver if we decided to put it on the ballot to see what happens that might be a short sighted maneuver because as Ms. Payne pointed out the answer may come back, no. Alderman Rainey thought perhaps the answer is no, which is a serious question. Alderman Moran did not think we should rest on the fact that we'll put it out there and see what happens, we would only be doing is deferring the crisis to another time. The answer to the question, what role we as Trustees play, may not be a role where we decide to cut things out, but may be a role where we have to work and coordinate with the administration to come up with an answer, which is his sense of what we have to do. He is neutral as to whether we have a legal obligation to put the referendum question on the ballot, if we do we will put in on. We have to find a way to get a budget that will allow us to operate successfully and effectively as a Toumship. Alderman Feldman wanted to clarify that as Trustees we're not obligated to pass a budget nor do we have the power to affect each individual line item. Then the only thing we can do is ask the Supervisor to come back with a balanced budget that we would be willing to pass. Mr. Hill added at this point a balanced budget based upon the budget from the preceding year. Mr. Terry raised the point related to Alderman Newman's question regarding the difference between the statutory maximum and what we currently levy is the $400,000, and referred to Mr. Hill's opinion about the statutory maximum for the General Assistance Fund, conveniently or coincidentally is about $400,000. The Township can levy $1,100,000 in the General Assistance Fund, the Supervisor's proposed budget calls for a levy of $714.000 in the General Assistance Fund. It the Supervisor put a levy of $1,100,000 on the G.A. Fund it would raise all the mandate questions Mr. Hill represented. What confuses the matter is the $400,000 is put in the Town Fund as a revenue item and then S400,000 is transferred from the Town Fund back to the G.A. Fund and the mandate question becomes less clear. Mr. Hill said with respect to that the Township Supervisor cannot mandate expenditures from the Town Fund. Regarding the S400,000 in the Town Fund, the Board of Trustees are not required to pass that levy. The $400,000 could be taken out because it is not General Assistance funds but Town funds. The further the Trustees reduce the Town levy the more difficult it is in ensuing years to recapture what has been reduced because there is a cap tax policy. Ms, Payne commented the $400,000 in the Town Fund is just a procedure. She never raised the G.A. levy above $600,000, it has remained the same for ten years and it is no problem to transfer the S400.000 and make it a G.A. issue to levy the G.A. Fund at the maximum. For years the procedure has been that the funds would be in the Town Fund and anything short in the G.A. Fund transfers over. Maybe now that's not a good procedure. When it comes to the Township we are always at the catch 22 situation. She hears what everyone is saying and everyone has very good points but it appears that she as the Township Supervisor has to do all of this work and all the cutting when she tried to do her best to make you aware that this is going to happen. Nobody was interested nor was any action taken. She could only assume, in view that no action was taken, that you have the situation under control or we are right where you tyrant us to be, without money. If you go back and read all the memos in Mr. Hill's packet that were handed out year, after year, after year, and for the past five years she has verbally told you, has told you in the form of cash flow projections, and you have seen in the audit that they were going to run out of money. Now that we are out of money the message she is getting is we have to do something, we have to cut back, etc_ Where does the error and omissions fall when it comes to the Trustees, was that an oversight that we did not ask about this in past. She Page S. can see where there is no money, where there is a problcnt. but also she can see where it could have prevented or at this stage could have been a little better. Alderman Newman said he voted for every one of Ms. Payne's suggestions as long as she beerr'Siupervisor. Ms. Payne said she recalls everyone that voted for her suggest oris and evoryvne that did not, and when the tax cap came into effect, the very next budget year after that. she aslkv d for n F,- rvrease over thmt 5250,000 levy to start rebuilding because it was very simple arithmetic to see that if �,ou g.t $2,000,000, f&four years you take $500,000 out each year you're going to be down to zem. This very committee, except fr:rr Alderman Bernstein and Alderman Newman, spent at least 45 minutes deh3ting why their conscience would not allow them to vote for that 5% increase. Also, it made it appear to the puNic that the Supervisor had S2,000,000 silting in her treasury and is trying to gouge the citizens for anot7er 5% when all she was trying ttz do was to prepare for today. Now, here we are today, and she is willing to do %%batever she can do but is staying from the start she will not and cannot eliminate three staff people and run this program. For the past frve years they had an excellent audit, they have kept the client base down, they have given you a mare detailed recording system than any other township within the state, as she checked with other townships to find out how much information they give their Trustees. If we cut staff by three people you're till going to expect the client base to stay down, the good reporting, and everything else_ If we get a bad audit because some reports were not done in a timely manner or not done correctly, you're not going to remember that we out back on staff but are going to say what was done wrong and if I say we d}d not have enough staff that went work. As she said she is willing to work and do whatever she can but feels in today's economic system someone that's able to present a budget that's 5150,000 below what it was last year is still not good enough for y-ou and she needs to know, when it comes to the Township, when and if it will ever be good enough. No ma--er what we do it is not going to be good enough. We're talking about less than 100 individuals who perhaps are not considered the most upstanding citizens in Evanston's upscale community. However, they probably were at one time and they have mothers, fathers, sisters, brothers, aunts, uncles, children, and friends who live in this town. A lot of them pay real estate taxes, so they're paying the taxes to pay for the less than 100 people that at this point may not be in good standing. They pay for their upkeep and therefore are not just getting a free ride. When she looks at the $130,000,000 budget the City just approved some of it came from African Americans citizens. Of course 95% of the Township clients served are African American and 990A of our staff is African Americans. If the ethnic makeup was probably different the conversation would be different. Alderman Rainey commented this is getting repulsive and there is absolutely no reason to make those statements. Ms. Payne said Alderman Rainey could not tell her what her reason is, she has watched Alderman Rainey sit on the Council and say whatever she wants to say. Speaking one's mind and saying what you believe does not and should not be reserved to Aldermen, everybody has that right_ Alderman Rainey remarked that is a cop out, to which Ms. Payne said she is free to say whatever she wants and Alderman Rainey does not have to believe it or like it. You are an Alderman and the decisions you make I have to live with but you cannot take away my freedom to say what I feel. Alderman Rainey said lust because she was elected an Alderman does not mean she has to be accused of being a racist. Ms. Payne implied this is a racial issue because it would be different if the color of the people she dealt with was different. Ms. Payne said it was ethnic makeup and there are more in ethnics than color. Alderman Rainey said to Ms. Payne, you need me, to which Ms. Payne responded, I don't need you if you vote not to approve the budget that's your option and I do not have a problem with that, I'm not trying to tell you how to vote. We submitted the information to you and you can sit there and say all the things you want in regards to your thoughts and viewpoints, and when someone else gives theirs its objectionable. Alderman Rainey said she has never said anything but Ms. Payne has done a good job, however, she thinks it took a turn for the worse. h4s. Payne responded that's okay. Alderman Rainey said don't diminish the effort we're making, to which Ms. Payne said the effort has already been diminished. Alderman Moran brought the meeting back to the subject at hand and asked for any questions or comments from the committee. Alderman Feldman thought we now have to get beyond our history and does not think any of this can go back and be changed. Whatever Ms. Payne said she had told us over and oveir again has been established but the question now is how to solve the prob',em. Although he appreciates Us. Payne's feelings he does not think we can solve it by constantly going back to talk about what happened ;in the past. Page 9. There's enough blame for a number of people but that won't get us anywhere as the issue before. cis is what direction the Council is going to take in regards to this budget, without the burden of past actions. #-le asked if one of the things that complicated the issue when it all began wasn't present with the tax cap. -Alderman Newman said the mistake that we're paying for is we cut the levy of the Township by $ 1,000.00C a year in the early 1990's and it was somebody's theory that we should operate and deplete the Town Fund by making transfers of 5200,000, $300,000, or $400,000 a year until it was down, in the interim tax caps were down. He has nothing but good things to say about Ms. Payne getting the case load down, however, four or 5ve years ago when tie was trying to get the levy to where Ms. Payne wanted it recalls discussions on the Council when he did not have the unanimous support of the African American corporate authorities on the Coun; il, which Ms. Payne is well aware of. There was nobody in the Mayors office and certain Aldermen who rrere not in favor of the whole idea of not raising the tax levy, which nobody understood how the tax levy of the Township needed to be raised five and six years ago, they just said we can't raise taxes. We can talk aff we want about why we're here now and who supported what, but the fact remains we're in this deficit. There's not any grant he didn't support and the function of what decision we might make is not based on the ethnics or race of people on the Council. Ms. Payne said that is not what she meant she was referring to the ethnic makeup of her agency. She feels the conversation should be more toward looking at the grant these people have received for the past ten years. When we look at how taxes have escalated, and economic situations have continued to increase they continue to receive the same amount. Her personal view would be to look at what can we possibly do to get this budget approved for these people who exist on practically nothing. When she looks at the fact we can find money for the trees, the parks, the arts and recreation, here we're talking about 100 people to whom the $314.00 means a great deal. If you're talking about the panhandlers, you're going to have another 80 or 90 people out there panhandling if you cut the grant. We give $150.00 to their landlord and have been doing that for the past five years, every single year in the last five years the taxes have gone up and each time the taxes go up the landlords raise the rent on the people living in their property. Even though those people get S150.00 for their rent they have to take part of the $184.00 to supplement the rents that are exceeding the S150.00. When one thinks of all the tax dollars we spend and everybody is paying for somebody, she pays thousands of dollars to the Evanston School System and does not have a child attending school in this town so she is paying for somebody. Everybody that pays taxes is supporting someone in need. Mayor Morton wanted clarification of a statement made that every time we have a meeting of the Township where a decision was made, she was usually seated in the audience and does not recall ever voting. By law is she supposed to vote? Mr. Hill said the Mayor's role with respect to the Board of Trustees is the same role the Mayor has with respect to the City Council, so the Mayor would vote if there was a tie, to break a tie. Aside from that the Mayor is not an active voter, the Mayor is merely the Chairman of the debate with respect to the issue Alderman Moran stated as a committee and as the Township administration we have to work together, it is everyone's obligation. In his view we should try to adopt a budget that will work, that we can live with, that will get the job done, and hopefully will allow us to avoid some of these controversial issues that will add to the difficulty rather than contribute to a good effort. Mr. Hilliard said the current budget represents a decrease from the budget submitted last year. From the Township history he has read he does not see being able to maintain a quality type of program such as we had since he has been there and before he came to the Township. An audit was just completed Friday, the auditors were at the office for an entire week and before they left said, fantastic, everything was in order they did not see and problems, our keeping everything together made it so much easier for them. The auditors spoke well for the program and he thinks looking at the population they serve and the magnitude of the problems they have drug abuse, illiteracy, no job skills, etc., we have been working with some very difficult clients in the area. For us to cut back two or three staff the caseload will again escalate because staff will not be able to do everything they're supposed to be doing. They won't be able to leave their office because of the paper work. Even though we submitted a budget for 90 clients, if we had 140 clients come for assistance Page 10. we can't say we already reached 90 and 50 will have to wait until somebody is terminated or quits Jf they're eligible for GA we have to signs them up and find some way to pay for them. Alderman Rainey said the proposed budget for the year 2000/2001 is not a balanced budget an: a budget cannot be balanced just by indvding a revenue item called 'Additional Income Required', Thai,: s Zhe place we have to start. Alderman Ney.-man thought we have reached an impasse. As the members of the committee i%e are going to have to mace budget cuts in order to balance the budget and what he is heating from the Supe--%,tsor is the City should make some type cf $400,000 grant in order to balance the budget, Based on thatwe e :an make suggestions for budget cuts but if they're not accepted by the Supervisor the only decision we tare is not to pass the budget unless there is a request for a grant. Alderman Moran thought Alderman Newman s framing of the question is fair except he is trying to say he hopes we're not there yet and is trying to articJa.e a view point that he thinks there is more work that can be done. Alderman Feldman thought we are obligated at least to ask the Supervisor to come back with a balanced budget and her analysis of what that budget cut would mean. A formal analysis of a balanced budget with whatever way she wants to divide the money, whatever program she wants to reduce, add to, change, alter, whatever. No matter what, he would want to know in a very formal way, exactly what that wou;d mean and the Council would need to knccry that before deciding on whether or not it was going to adopt that budget or take another choice. He cerainly would be willing to begin examining and discussing the question of a referendum as he thinks some of the things said tonight regard the priorities of the community. When people say they find money for trees and for this and that. He knows people that were furious about trees they wanted more money put into mental health, into senior recreation, into recreation, into soccer leagues, into police because they thought the police response was not adequate. There is no end to the demand for funds and he would support having this kind of issue decided by the people. in the meantime, we can't cut a line item and we must reject an unbalanced budget. The only thing he can think to do is ask the Supervisor to come back to this committee lath a balanced budget and her warning, estimate, analysis, and whatever may be to the consequences of that budget. This is what we have to hear and what the Supervisor is there for. Alderman Newman asked Mr. Hill what happens if a budget is not passed by June 30"'. Mr. Hill responded that would be in violation of the law but at this point he does not have the answer to that. Mr. Stafford added while you are in violation of the law another problem is you can't pass the levy without an appropriation as you cannot go to the County to get money with the appropriation. Alderman Moan commented it was good to have this discussion and to get one's feelings out on the table. Some important questions were answered and also additional research will be needed to answer other questions. We all now have a good sense of what we are facing and from his perspective his only question is can we make it work as there is not a lot of time of time do that. He would like to state he does not shirk his own responsibility in this regard as some remarks were City effected and always falls back on him. He feels full responsibility for it and is not saying it is just the Township's responsibility. The Supervisor is an important person who speaks to these issues, we also have a role to play, and knows we can all continue to better understand each other Alderman Feldman made a motion to ask the Supervisor to brina back to this committee a balanced budget that in her estimation would effect the ramifications of the orouram. Alderman Rainev seconded the motion. Alderman Narrman thought, and asked to be corrected if he's wrong, the Township Supervisor believes she has already submitted a balanced budget to the City. Personally, he does not think it balances because of the $400,000 line item. What we really want the Township Supervisor to do is come back with a balanced budget without the S400,000_ Ms. Payne's answer to that was she has $600.000 in a G.A. Fund. S250,000 of that is going be levied on the Town side, which she has no control over. She wanted to know if she is being asked to come back with a balanced budget in the amount of S600,000 as that's all the money that's there. Page 11. Alderman Feldman said we are asking you to come with the balanced budget you have mines $400,000. Ms. Payne stated asked if we then reduce our client vase dawn to 50, she doesn't think she can come back with a balanced budget with the numbers we show. Alderman Moran noted the motion has been made and seconded and inquired whether evervone understood the motion. He called for a vote on the motion. motion passed. (three aves. one, no response). (Alderman Rainev. Alderman Feldman, Alderman Moran voted ave. Alderman New+rnan did not vote.) Alderman Moran made the following summation, the committee's request is to look at a balanced budget situation. Alderman Feldman's motion incorporated setting forth what the Township Supervisor believes to be the adverse consequences of were to go to a balanced budget situation. That can be used as a discussion point for our next meeting Wednesday, May 3114, at 6:30 p.m., when the issue will again be takers up. V. ADJOURNEMENT The meeting was unanimously adjourned at 7:55 p.m. Respectfully submitted, Audrey Trots y, Department of Health and Human Services Page 12_ X DRAFT - NOT APPROVED CITY COUNCIL HUMAN SERVICES COMMITTEE Monday, April 3, 2000 Civic Center - Room 2402 7:30 P.M. MEMBERS PRESENT: Aldermen Feldman, Moran, Newman, and Rainey MEMBERS ABSENT: Aldermen Kent STAFF PRESENT: Frank Kaminski, Doug Gaynor, Kathleen Brenniman, Louise Brown, Kim Schrage, Linda Lutz, Neal Ney, Toni McKinley, Max Rubin, Harvey Saver, Audrey Trotsky OTHERS PRESENT: Betty Payne, Sylvester Hilliard, Anthony Adler, John Sagan, Stephen Prout, Judith Rosenthal. Jonathan Fischer, Jean Perry, Hal Stewart, Carol Prieto, William Rattner, Patricia Barr, Mimi Van Sike, Peter Gordon, Wig Sunblad PRESIDING: Alderman Feldman I. CALL TO ORDER Alderman Feldman called the meeting to order at 7:42 p.m. Il. APPROVAL OF MINUTES: MEETING OF March 6, 2000 The minutes of the March 6, 2000 meeting were unanimously approved (4-0) without correction. III. CONSIDERATION OF POLICE DEPARTMENT USE OF COOK COUNTY FUNDING FOR SUMMER PROGRAMS Chief Kaminski stated that last year the City received funds available for this program from the County. He received a call last week to see if we again want to share in this money not only for this fiscal year but also for the subsequent fiscal year. These funds are issued at no cost to the City. Last year the money was used as a pilot test program and had to stop, this year we can spread it out to continue the program for 18-months with the additional grant money available. Council action is required to move forward on this. Alderman Rainey commented this program made a huge difference in South Evanston fast year. Alderman Moran moved to accept the Police Department use of Cook County funding for summer programs, seconded by Alderman Rainey. Motion unanimously passed, (4-01. IV. CONSIDERATION OF MARCH 2O00 TOWNSHIP MONTHLY BILLS Alderman Rainey moved anoroval of the March 2000 Township monthly bills. motion seconded by Alderman Moran. Alderman Rainey pointed out that the committee had always received the comparative client first analysis for the current month, the last month, and the previous month and the importance of receiving that information as it enables this committee to see what is happening over time. This month we only received the current months' figures and would like you to go back to giving us the comparative figures. Ms. Payne said this was not changed but was just overlooked this month. Page I- Alderman Rainey questioned this months charge for Sam's Club office supplies. Mr. Hilliird responded Sam's Club charge is for office maintenance supplies, toiletries, and office products. Alderrnw Rainey had a question regarding the check to Mr. Hilliard for $1,009.25, on page 2, of the G.A. Checkir� Rsport. Ms. Payne responded that expenses was for a 4-day Public Administrators conference he will be xteinding next week and includes hotel, food, and transportation. Ms. Payne said she had previously a43r►ded these conferences. Alderman Rainey asked that in the future checks of this sort be explained as it vtculd be more helpful and she wished to again be reminded of what the American Express Card charges are far. ,Ms. Payne said it is $21. for online computer services and the S257. is for the purchase of an airline ticket Alderman Rainey questioned the two Woods Decorating charges of $2,650. Ms. Payne said one of the dzatrges was voided, the other is part of their environmental agreement as they are responsible for upkeep cf te property. Alderman Rainey noted that painting is recorded under contingency and asked why a contingencf account would be used for something that is actually maintenance of the property and did not thiink using contingencies for such items was helpful when doing the budget. Ms. Payne said this is not something they continually do and had no idea why this amount was listed in that line item, it could possibly be a mistake, it not it is not their policy to take things out of the contingency fund. Ms. Payne added it is possible that was the only fund that has money in it and if that is the case we could not pull funds from some other source and needed those funds. Alderman Rainey said if this is something we periodically have to plan for then we need to have an item in the budget for this. Ms. Payne said this is the first time any decorating has been done in 6-years. Alderman Rainey went onto inquire regarding page 2 of the Fund Checking List there is a S157. going to a Ricki Hilliard and was told it is someone who did some computer work for the Assessor's office. Alderman Rainey asked if all the computer consulting work for the Township office has been completed, and was told it was. Alderman Moran questioned the Township's obligation with decorating. Ms. Payne said a part of their tease is just as they have to pay a portion of the taxes and insurance, they are obligated to do maintenance and painting. They have been there 6112 years and this is the first time they have painted. Alderman Feldman recalled Alderman Ralnev's motion for approval of the Townshia March 2000 bills. motion unanimousiv approved (4-01. V. RESOLUTION 27-R-00 AUTHORIZING EVANSTON TOWNSHIP TO ENTER IN AN INTERGOVERNMENTAL AGREEMENT WITH NEW TRIER TOWNSHIP FOR PARTICIPATION iN EVANSTON TOWNSHIP'S WORK OPPORTUNITY PROGRAM Alderman Rainey asked if there will only be one person from New Trier Township in this program. Mr. Hilliard said he does know because this is a pilot program. When he talked to the New Trier Township Supervisor and Administrator, was told last year they had 20 G.A. clients applying. Most of New Trier Township, even though they fund a lot of social programs have nothing in place for those individuals who qualify for G.A. In this relationship with us we will be able to take those people and they will be able to utilize our services. Alderman Rainey asked how many of our current level of clients are we working with in this program. Mr. Hilliard responded about 65% of our clients are now participating in a Work Opportunity Program_ The other 21 or 22% of clients are not able to participate because of medical disability reasons. Alderman Rainey's concern was how large this class is going to get and according to the information she received it would increase by 2% from its current level. Ms. Payne noted that would be an increase of 3 people because New Trier has only 20 G.A. clients for the entire year, they do not have a large client base, but they are required to provided those clients with this type of service. in order to meet that need they have reviewed our program and asking to enter into this Intergovernmental Agreement. Alderman Rainey asked if we needed any additional staff or materials. Ms. Payne responded, no, this is our normal regular program, they can refer people to us and once we evaluate them if we feel they are not acceptable we do not have to acc;ept them. Each of us has the option for a 60-day written notice to cancel the entire agreement. Alderman Rainey commented from reading the material given to the committee it is not clear how many people wD be joining this class. She said it would be much more helpful if this committee were given a little more information. Page 2. } Alderman Rainey moved approval of A Resolutior27-R-00 Authorizinn Evanston Town311-11p to enter In an Intergovernmental Apree�tient with Naw Trier Township fo lmrticinatirTa in Evanston 7awnshio's Work Oopggr ,rnity Program. seconded by Aldennan Moran. Motion unanimously apprav,vd t4-0}• VI. CONSIDERATION OF ORDINANCE 5.34:)-00 TO BANNING THE SALE OF BIDI CIGARETTES Alderman Rainey moved anoroval of Ordinance 54.0-00 banninq ttta sale of taidi clnarottes. seconded by Alderman Moran. Alderman Rainey noted this is an urgent matter especially because it has to do tvith the south Bind of town. There are only two vendors in the entire City sell;jng those bidi cigarettes. The corner of Church and Dodge and the corner of Custer and Howard is where these eery dangerous and horrilitz smoking items; are being sold and marketed to children. These cigarettes are frequently without tax stamps on the package. and made by child slave labor in India. The City of Chicago has also banned these cigarettes. She hopes the Chamber of Commerce, in this one case, supports one of her efforts and will not come to :his Council arguing she is destroying opportunities for economic development in town. Alderman Newman did not see any penalty in the ordinance and asked if the typical $500 a day will; reach out. Ms. Brenniman said what she did on the ordinance was to move the Prohibition of the Sale inta Section 9, and renumbered current Section 9, the Enforcement Section, which applies to any violation of this s'ection and could include any violation involving B. There are two ways that violations could be dealt with, ore could be the fine up to $500 per violation, and the other would be they are subject to losing their license. Alderman Newman asked if they lose their license does that mean we can close the store Ms, Brenniman said that would only deal with losing their license to sell tobacco products. The license could be suspended or revoked. This is usually an either or situation, get fined the $500 or loose the tobacco license. because of the way the ordinance is currently written when we passed the Cigarettes to Minors Act. Alderman Feldman asked if a Judge made that determination, to which Ms. Brenniman responded a Judge is nct needed if you're going for the licensure that would be Mr. Tery's Department. One does not have to go to court to get tined it you want to go for the license, which in her opinion speaks louder than a fine imposed by a Judge. Alderman Rainey said one of the issues argued to the Council during the entire rnatter of extending the new general business license was, for example in cases of continued violations in other areas, we Gourd yank the general business license, something we would not want to do. Kim Schrage, Health Department Sanitary Inspector bought in the packages of bidis confiscated from the two establish merds selling them, Discount Groceries who voluntarily closed their doors and Dollar R Us. Alderman Feldman recalled Alderman Ra€ney's motion for a vote, motion unanimously sassed M-0). VII, DISCUSSION WITH THE EVANSTON LIBRARY BOARD John Sagan, President of the Evanston Public Library Board of Trustees, introduced himself and Stephen Prout, Judith Rosenthal, Jonathan Fischer, Jean Perry, and Neal Ney, Director. Mr. Sagan said they were here to answer any questions the committee might have regarding the Himmel & Y'Ason Report. This report was commissioned early last year and delivered to the committee this year to discuss what they could do better for the needs of low and moderate income residents of Evanston. On balanr;e the report si-.,owed that the library is doing a good job but it did raise some issues for further discussion, one of which was the branches. The Board extensively discussed the report before recently voting to reaffirm their branch service. One of the items they disagreed with on the Himmel & Wilson Report was they assumed the branch libraries should be full service branches, essentially miniature versions of the main library. That has never been the Library Board's commitment. We intended them to carry popular reading matenals for adults and children and help us in our outreach programs. We are very committed to outreach at the Evanston Pubrjc Library, in fact we are in the middle and almost toward the end of formulating a second five-year strategic plan. That strategic plan will make this first decade of the millennium a decade of outreach for the library. Among other things we are considering is trying to expand our outreach activities in west Evanston. We're going to establish collections and well baby clinics with Family Focus and the collection we a:ready maintain at the cost Page 3. IF of a reading center, conduct summer reading centers at various problem park locations, and are exploring opportunities at the Foster Reading Center. We are also exploring ways to improve and move mouth Branch, an ongoing process that we are working on. We believe our collections, programs and leadership will help ensure that every Evanston resident has the opportunity to enjoy these inteller=uat experiences One of the things the Himmel & Wilson Report did was give us some strategies for trying to achieve these goals. Alderman Feldman commented that one of the issues recently raised had to do with the possible moving of the South Branch and the question as to its location. To him the South Branca has a great trarlition and he is not sure exactly why it was chosen to be located there, but it had been and served the commiunity well for a long time. It would seem to him if you were thinking of moving the possible choices can be many and in a letter from Mr. Ney listed various choices in southwest Evanston and their pluses and minuses. He wonders if the community has been invited to comment on whether or not they feel a Serith Branch IocaCetd within two or three blocks of its present location is the optimum location. From the comr,-unity standpoint we seem to somehow feel that a library should be on a major shopping street somehow to help not only the library but to revitalize the strength in the economic activity of the street. He is not certain he agrees wholeheartedly with that, but can see that as a benefit if in fact that represents a central location for a community. ih does seem to be very close to the main library and they are leaving people in southwest Evanston with a Huth greater distance to travel. He is not suggesting there is a perfect location but it seems the location hats never been a community decision and feels the Library Board has decided where it would be without: getting any community feedback as to the location they are considering. The distance beh%een the branch and the main library is a significant asset to access and should be put where it can offer people of greater distance than those closest. When he thinks of the present South Branch he thinks of people in walking distance in southwest Evanston, south, or even north of James Park having to go much greater distances;. Without a community discussion he feels the Library Board must have some good reason for that and asked what their reason is. Mr. Sagan said they are certainly open to input from anybody as to where a branch should be in fact all of their strategic planning sessions are open to the public and the public is advised to come. Emmett Johnson attended their first session and spoke about how he would like to see a West Branch estabiilshed. They invited him to get some community support for that position and to come back to their next rrneeting or the following meeting and speak to that, but he did not come back. We have alv ays been willinrg to consider anything. He also spoke at Alderman Wynne's Ward meeting at St. Luke's Church immedia':ely after the branch issue came up and at that point in time were exploring moves, at that meeting they said tie move may be out of the Ward. People were comfortable with that as long as it was in a place where it could be accessed. The problem with the present location is there is no parking close to the library.. , is not ADA accessible, and is essentially two store fronts hobbled together into one branch. Alderman Feldman understood what Mr. Sagan said but it seemed to him there is a difference between saying one is open to input and significantly going out to get it. All meetings of the City Council are open to the public but if one is really interested and wants to get people involved you write letters to them or leaflet the community saying this decision is going to be made, we're interested in your input, and a meeting is going to be held someplace convenient to you not necessarily in the library but someplace on the wesi side. Then people from the 3rd and 4u as well as the 81 and 9" Wards and even the 2"d Ward could be � lcluded and perhaps even others would be involved in that. He understands the place that it's located is important and the fact that it's on a business street might be a consideration. His question is should that be the defining factor and if not thinks a centrality of location and a distance from the main lit:,ary has to be considered as a major one as well as the potential consumer base for the branch. He understands you are thin king of a very specific site, but before the Board commits to a site he would urge you ccnsider having neighborhood meetings to discuss this issue. His constituents have complained that there is a library branch in walking distance of the main library which he would encourage you to use as additional criteria. Alderman Newman commented if it costs $150,000 to operate the branch and the Council said we're going to close the branch and give every dollar of that branch back to the main library, would the Library Board of Trustees think that was a good or bad idea. Mr. Sagan said he could not speak for every Trastee but he Paaae = would say it is a bad idea. Alderman Newman said that was a change tX1c iu•0 the former Presoent of the Library Board actually lobbied and tried to convince him to dose both brand-mes and give tall the �--oney back to the main nibrary. After getting this report, in February, he ►t-as convinced would not pay a •y attention to what carve back in the report in a major way. We might do some little thsr-cs but we're not 9,�lr-y to build a branch on the West Side, not because we don't want to but tecurse of resources. We can't a► -el property fund the branches we have. which was substantiated by the report The report basically ssad we fund branches in a way where they are going to fail. We underfund them and they should ba fundeQ at S650,000 a year and should be 10,000 square feet. If we accept the idea we're gang to do something o� 'gent then what the repert recommended as the right branch, why not have the branch on the west side arha case to the south side branch if we're going to run failed branches run them out west. His feeling is don't ~. �, a branch that can't work and as the report tells us we don't spend enough money or have enough spat* why would we want to do it right along the ell line other than the fact that its already there. If we're going to continue to run branches in a way the report says we're going to have a problem attracting people. To him ifwe're going to have S150 000 branch it could be out west. If the thought is we're running failed branches, bu; we're not putting enoug-h money into library services and should be spending the money at the main library, that is the policy he supoorts. He also supports the part of the report that says in a town of this size it's questionable whether you need branches. If you have the situation where the size of your branches are never going to be what the experts say they should be, and for whatever reason you close a branch, then every s.e in the City should be open to replace it. It doesn't have to be a few blocks away from where it had previousky been. If everybody wants to keep this branch he Is willing to listen and thinks every site based upon delivery services to people who can't get them now should be considered in every neighborhood. He would like to see a general discussion on this and believes the fairest thing to do would be to see the west side be one of the sites being considered if we're going to run branches at this S150,000 level, which you are basically saying and he is willing to go along with that. Mr. Sagan did not disagree with the concept that we should consider where the best place is to put a branch Is and if that ends up being the west side, the far southwest side, or where ever. We do disagree with the report saying the branch needs to be a full service branch because he believes they were looking at larger cities and not cities our size. He would disagree with you that our branches are failing branches, they simply serve differern needs and we have them for different purposes. Alderman Newman said maybe failing is not the fairest word to use but clearly the trend based on the information has been a decrease in circulation and usage. From his perspective, as a member of the Council, there was something in that report about how good that branch really was especially on accessibility which to him raised an opportunity to think about whether or not we were going to have it. If we are going to continue to have it somewhere all locations should be open to it which is -r.-hy during the discussions the man from Judy's Bakery thought he had the lease for the new library and he was actually part of a political campaign to try to get the Council to keep the library because he wanted the lease. Alderman Newman said he appreciated Mr. Ney's letter regarding all the places looked into but would like this committee to continue a dialogue on where there branch is going to be_ Alderman Feldman respects the deliberations and decisions made by the Library Board and can understand you disagreed with the report and the reasons why you did that. The Council did not receive that report they only received you considered that and rejected it and there was no understanding of what the reasons were. If the Counca has any interest in that he can't believe you would deny us that involvement. "Ie have to be involved in an informed way and for him and his constituents it is not enough for you to say thrs is what you decided. His constituents not only want to know what was decided but why it was decided ar•,d what led to that decision If in fact your vision of a branch library is different from that in the report he would :hen ask you do our branches live up to what your standards for our branches is to be, if so how do you reconcile that with a steadily declining usage and a usage that is dramatically below the amount of circulation per dollar spent on the facility That figure was used when talking about the bookmobile. What can you get in terms of community involvement or usage per dollar spent, what's the best way to spend our money in terms of the greatest number of people. If that's of any value he would wonder what could be done with the various branches consistent with your philosophy of what a branch should be like and how to then make it different either in location, construction, staffing, collections, programming, etc., to make it a more vital and attractive force in the community. He wonders whether or not such an issue has been addressed. Page Mr. Sagan said they have tried to address to them those branches are the gateways to the ma!n library and gateways to encouraging people in residential areas to enjoy and have the abiility to use the library. You are correct, the South Branch is having declining use and circulation, but part of that has to do with the location. There is absolutely no parking there, Chicago Avenue has become a very busy street and ess-ent,ally there is no traffic light and cuts off people to the west. People to the east have to walk there as there is no way to drive there. Some of the criteria they have been looking at for the new brar %.h is to be in a business area where hopefully people are drawn for other reasons, to be in a place where there is parking arbz: people can come as families. The Judy's Bakery site would have performed some of that but not all of that. Alderman Newman's was not sure the South Branch has to be modeled after the North Branch. The branches are there because somebody made that decision many years ago. The North Branch is very successful but that does not mean that a successful branch is solely defined by its usage. It does not make a lot of sense putting a branch library in Judy's Bakery, a fabulous place for public transportation, as he is not sure you select a main street site for a library branch because you're going to get walk in traffic to the library. What he is arguing for is the consideration of other locations where you might not get. as much traffic as you would get at Main and Chicago but you still might be able to have a successful branch library somewhere else. Mr. Sagan said to some degree they are doing that and are also looking at partnership opportunities at the Reading Center. That also has some good potential in a way that it will not really be a branch but will help us deliver some services to the Foster area. Alderman Feldman asked it was ever considered using space that might be available in some grammar schools or junior high schools. Mr. Ney gave some historical footnotes, at one time every elementary school in Evanston was listed as a branch of the Evanston Public Library. The Evanston schools were very late in developing some school library programs and the Public Library and school districts cooperated on those programs. All of school librarians were joint employees of the Evanston Public Library which was a very unique arrangement, only in Evanston at that time. He found annual reports that listed 24 branches of the Evanston Public Library, there have been those types of arrangements and for some reason ended. It becomes somewhat problematic inviting the public into its school when school is in session or not having a branch available when school is not in session, and the school wanting more control of their facilities in the library. That program ended in the 1960's. Another historical footnote regarding the south branch location is it didn't just happen, when that site was chosen it was chosen because that block on Chicago Avenue was a very v�lal retail area, there was even a trolley running on that street, and the block immediately to the north was entirely residential. Alderman Rainey thought this discussion could go on forever and there will be as many people opposed to whatever locations we chose for a branch library because where the branch is people will be upset. People in her Ward want a branch library but they would fight to keep the branch library at the present location. When there was rumor the branches were going to be closed more 8`' Ward people came than any other neighborhood. Alderman Rainey stated you destroyed her belief that you are really interested in outreach when you eliminated the bookmobile. Had the bookmobile been used properly it would have been the way to go out into the various communities and entice people into reading and wanting to go to a library. At the time this happened she was not on the Council and thinks the biggest single mistake our library every made was to cut out that bookmobile. The reason this was cut out was because we had numbers on how it was declining for each stop. For example, at the south end of town there is no public facility we have a trailer, a Willis wagon in a park. That bookmobile used to go Brummel Park in the summer and have a little story time in the park. The Levy Center in going to be in James Park and a bookmobile could there. She thinks consideration should be given to some real outreach by the library to reestablish the bookmobile in Evanston. People would embrace it with open arms and you would be given many kudos for doing this. You cut this out because of the number of users instead of trying to make the bookmobile more attractive and encourage more use, as it was easier to do that which she thinks was a terrible mistake and would encourage you bring it back. We're getting ready to build a state of the art facility in James Park and she does not want to hear any objections to it being in the boonies because if you go there on a snowy day or a summer day you can see hundreds of people there and thousands of people live around James Park. It is very easy to get there, there Page 6. is a lot of parking, and it might not be a bad place for includ.ng a branch library. This area has a grade school next door, a middle school down the street, a synagogue across the streel, and a lot of activity gcimg on there with a great deal of traffic. Mr. Prout called attention to a comment from the Himmel & "Atiscen Report on distance and agreed with Alderman Rainey's constituents. He asked if she would consio_r t,-e distance to be an excess zif 3 miles to the South Branch or the main library, Mr. Ney said it is 3.5 miiies f-am the main library. Mr. Pout said he brought this up because 75% of the respondents in the Himmel & IA-5lson Report when asked t`+e question if they would travel up to 3 miles to go to a library, said they wciald. The report is full of interesaing statistics one being what a branch is and gives two definitions/versions, which is the reason for the disagreament. The issue as to where the branch is, first we use the criteria of utifiz=ion bir t on the opposite side say maybe more criteria for a successful branch is not utilization but some other factors. Alderman Newman asked if you are going to accept these branches that are essentially agreeable what we are accepting if they are underutilized according to the report is because they are big enough arc they do not have a wide enough range of material. This report says if you operate at this lower level accept the fact that you're going to have a lower utilization because you're operat:rng at that lower level then you rr,ight not put it in a place for different reasons. The reports reads that you dcn't have a successful branch unless its broad enough and that size. Alderman Newman asked Alderman Rainey if she wants a bookmobile in addition to the two branches, or in the situation where we have a branch that is going up for relocation one of the alternatives to be considered other than the Levy Center should be whether or not we are going to return to a bookmobie instead of building a second branch. Alderman Rainey said that is not quite what she is saying. First of all she is still mourning the loss of the bookmobile, second of all, yes, if there s a branch she does not think that precludes the bookmobile. One thought she had is the way she has always seen the South Branch library and agrees that it is a social place and a reading room. Reading rooms are something she does not think has to be a full- fledged branch. For example, she is always thinking of ways to civilize Howard Street and one of the things she thought of was a reading place/room to be run by the libray, with books to check out, with a children's section, with newspapers and periodicals. This would not be vinat we envision a real branch library to be, it would be more of a library service center reading room where if the book you wanted was not there one could order it and check it out later. It would be more under the ordeT of a stationery bookmobile. She does think the Library Board should consider reinstituting the bookmobile. It doesn't matter where you put a branch library, there will be many people who will never access it because they do not want to or cannot. One has to be aggressive in outreach and in some cases the service has to be brought to some people Alderman Newman said according to their own information they have an under funded collection in the main building. The issue then becomes how we are going to use the resources we have. We have to say whether we want to have a reading room or a branch and we have to be willing to adjust the number in their budget. We then have to be willing to say those priorities are greater :.nan getting the collection in the library up to where it should be as reflected in the building. These are all issues needing to be worked or, Alderman Rainey agreed but is thinking about what she sees is needed and knows there is a money issue Alderman Newman said the policy issue needs to be attended and is wh-j, he asked if the money was put in the South Branch would you want to use it get into the areas of the rrain branch that are under funded. This is a legitimate policy question because we should be trying to mare the best library policies to have the best library services in the community. He truly believes the issue c` the branches is more a political question and does not go to the quality of services and includes the north branch in that category. As partners in the library we have to decide what our overall priorities are going to be, el-L-nQr the outreach services or building up of the main building. He does not want to get away from the fact tha: the main library is in his Ward nor does want to get away from the fact that he reads your collection is not up to par. These are the types of issues he would like to see dialogued at this committee because of its importance to the community. Mr Ney wanted to let Alderman Rainey know they still do story hour at Brumme? Park and will be expanding this 'fnto summer reading. Page 7. Ms. Rosenthal said she did not think one can totally judge the success of branches just by t:�'e nimber of books that circulate and some of the branches are successful. South Branch, which you init:a"u zharge a failure, has to be judged by the people it reaches and children that come for story hour, the a,:77osphere in the branch that make children feel good about libraries that eventually gets them to school librar► s and when they get older will go to the main library. There are a lot of Iftangibles that don't show up in tt.61e Himmel & Wilson Report because you can't give them a number. She thinks the branches are important anti some very good ideas have been pointed out from the report if we reconceptualize what a branch library is. 7-te Board has already decided it can't be a full size half million dollar satellite of the main library, but vvhr. vole can do is have a place that is so important and attractive in the community that kids and parents will agarr to come there, If they leave without taking books out, so what, maybe t iey used the computers, or read a newspaper they've never seen before, or picked up something and went home and said they want to go bade next time to get that. It is very important that there be a place like that n the community and we can de•:�de where it should be but shouldn't just measure it by hove many books dreulate. Alderman Feldman said he was very sensitive to that and needed that view articulated. We do many things that are not just based on bang for the buck, but because it's needed and is essential. Somet�rnes it costs us more as a result of it but we're willing to do that because t!,)e need is so great and the purpcsse so clear. If you articulated to us that these are the reasons for a library that is not based on circulation, and we're excluding this from that criteria for these reasons the branch libraries play very special p�are=s in the community's intellectual, social, and cultural life. Its important for children, families, minorities, nee comers to Evanston, and occupies a lot of good purposes, that is clear to him and something he can underVand and support and is much different than a statement saying you consider the report and reaffirmed your position on the branch libraries. He would urge you once you think of it _n those terms, if circulation is not the primary reason, then you think if that's not the case where then is the test place for it rather than where is the place that would increase the circulation even if the number of peop{le diminish but the number of people using it need if more than others than that is a consideration. Alderman Newman apologized for using the word failure but was a bit troubled by your comment because he believed there are just two places the City can now locate a branch library. The S150,000 we have is very precious and he in no way wants to denigrate some of the worlk being done by the people working out of the South Branch library. He is certain the programs are excellent and the people using the services are gaining a very positive experience, but every neighborhood in the City can have a story telling hour within walking distance. After going through this report and listening to the phone calls he is receiving it is totally confusing as to the value of that library. You say there is no parking at that library and people telephoning him are saying the parking was better than downtown and why he shcuid not vote to get rid of the branch because there is no place to park downtown, but there is parking at the branch. We had people come to the Council meeting saying that the main library was uninviting and it was intimidating to use this facility which is why we had to have the branch library. He would like to say he is not keeping the branch library because he thinks the main library is intimidating but he does not believe this. All the staff he interacts with there are courteous, professional, and sensitive to all types of issues. It is totally confusing what the problems are at this library other than we know it is not handicapped accessible, but beca<<se we only have two branches the place we chose for this S150,000 a year branch has to be thoughtful. It is hard for him to see it on a line where there are the Dempster Street and Main Street ells in the neighboncccd, and South Boulevard busses He is going to assume where ever the branch will be there will be story telling, outreach efforts, and very gceA' programs for the $150,000, but where we put it has to be a rational that makes sense for the money being spent. Mr. Ney said they talked with the current owner of Judy's Baker{ and there are some significant p-cdems with the weight the floor will bear and some other systems in the but lding that need to be replaced_ They're still looking at it but it very well could not be economically feasible and a final decision has not been made yet. Alderman Feldman said it sounds as though the Library Board has decided, short of problems ti+ Ah the site itself, that is the location. if in fact there were no physical problems with the site that is the site you would chose. That choice is without a lot of community input and just a block away from his Ward, the 9�' Ward. He's not just talking about the 9' Ward but people much further away in spite of the fact that C•cme people say they would go 3'/z miles he would really like to know, even though they say that, whether or not they'll Page & use it. He knows the people who live within 3 or 4 blocks of the South Branch would have a muchi easier time using it than people who live i % or 2 miles away and to say that doesn't make any difference seerrrs silly to him. If you are just waiting for engineer's confirmation of the floor, he is suggesting you recon,ider. This requires some deliberation and input on the part of the community as to where they think it shouiid be. The people he has talked to, that live within walking distance of that, understood when he told their one of his objections was that it was very convenient for them but they knew the logic of it was the place it mighi be most needed is the place where it is most inaccessible to the present branch or the main library. Alderman Newman thought we have been fighting a very tough situation on the collection issue in terms of having these large proposed real estate tax increases in our general budget, but we do have on our agenda this extra $282,000 that some people want to do a rebate on. If it is true the main library is being under funded you really have to come out and make the case for that because we have a great building. but have to remember you just don't make a library with bricks and mortar and the members of the Cou:,ai need to continuously be reminded about this point. Mr. Sagan said they are in agreement that it doesn't do any good to have a state of the art building if woe don't have a state of the art collection. We have done a lot not only on this board but the previous board on the Fund for Excellence vrhich has grown in the last four years and every penny goes to the collection. We would clearly welcome money from the Council. Alderman Newman asked if there is any library service that evaluates our collection on a comparative basis. Mr. Ney said there are comparative statistics that show actual expenditures and expenditures per capita, but there isn't any kind of qualitative evaluation. He would imagine some instruments such as the public library catalog could be used that this would be a fairly labor intensive thing, but there isn't any kind of evaluation such as that being done on a regular basis. Alderman Feldman thought this has been a most valuable discussion for a number of reasons and the kind of dialog, understanding, and perspective you get from us and we get from you is very important. There are a lot of issues regarding the library, the community. Council support, and Board decisions, that need better communication and understanding between us. He would hope this is not the last visit for this year and would recommend you come back quarterly, if possible, but certainly semi-annually and long before the budget is due. Potential issues, questions, explanations of your decisions, understanding what your values are, what difficulties you have and how you view those, are very important for us to hear. You can then get our perspective on how we're fighting to manage to pay the bills and how we want to integrate as great a Library as we can with the reality of our budget constraints. If you do that and keep communicating with us d will go a long way. Mr. Sagan thanked Alderman Feldman for his comments and said they will be happy to come back any time they are invited. Alderman Feldman noted what was regretful about cutting the City Council in half was we had to eliminate an Aldermanic liaison to the Library Board, the Mental Health Board, the Commission on Aging, the Arts Council, etc. In many ways this served to open up a channel between both bodies and is sorely missed. Alderman Feldman thanked the Library Board Trustees for their attendance. Vill. STATUS ON THE EVANSTON ARTS CENTER Hal Stewart, President of Evanston Arts Center, introduced Carol Prieto and William Rattner Vice Presidents, Patrica Barr, Secretary, Mimi Van Sike a long term member, and Peter Gordon, Executive Director. Mr. Stewart said they came to this committee a year ago to talk about the possibility of taking over a part of the Coach House when one of the apartments became available. Since that time the situation has changed because the Coach House is now vacant. At various times they have put forward proposals to the City of ways they would utilize the space if they could take over the entire Coach House and ways to move this process forward. Mr. Rubin's memo, included in the committee packet, questions which use is the most efficient and most desirable to the City, whether or not the facility should be leased to the Arts Center, or whether it should be renovated and kept as apartments. The Arts Center has their own feeling as to what they think would be the best choice because if the Arts Center were the tenant for the entire facility they could greatly increase our children's and community outreach programs and the wide range of activities at the Arts Center. Before they, as a proposed tenant, could move forward and start to spend money on preparing drawings and plans for renovation they would need some indication from the City of what the terms of the Page 9. lease would be and how aV of this would be worked out. They hoped they could mC:e this to a resolution be clear what the City's and the City Council's feelings are on what would be the best case for tt,e . Tyre vacant Coach House. Alderman Feldman asked haw the Arts Center,,would use that building and how it yr Od improve position and services in the community. Mr. Stewart said in August of 1999 they put forward a brief prccosal of hov: they would utilize the facir,. y. Basically what they would like to do on the ground floor rn what is : �7rr existing apartment space, is change that and use it for s:'idio classrooms indudmg, painting. drab%gng, and J"ser media classes, and include a children's expanded art and art outreach program They woo:d also like io have the garage space to be used as studio space to expand their studio programs and be aCte to expand _heir school which currently serves more than 3,000 people a year. They would anticipate using the second floor space as office space primarily for staff or for some of the instructors at the Arts Center as that space is not seen as advantageous for classrooms. This facility would allow them to increase the nurrber of children from the community we reach with our programs, expand our summer programs, and generalry expand :he number of course offerings at the main Arts Center in addition to those they already offered at the Noyes Cultural Center. Alderman Newman did not think the City should be in the business of renting out bui!dings for people to live in unless there is no other use for the property Going back many years one of the :tiings done with this is we rented it out and only put a limited amount of the rents back into the building If the Arts Center has public programs they want to put forward that will benefit the community that is a much berer use than renting out the apartments. He would favor letting the Arts Center be the tenant at the Coach House. Alderman Feldman asked what the Arts Center policy is for scholarship or fee reducticcm depending upon need to the community. Mr. Stewart said they budget a certain percent of their annual operating budget to specifically go to scholarships in addition to having a number of fund raising activities designed for that purpose. One of their goals is they would not turn anyone away who was not to ab'e to pay take a course at the Arts Center and have never turned anyone away for that reason. Recently, in an effort to expand their outreach to children through their after school programs done in conjunction with District 65, they launched a program where they specifically raised funds to allow them to double the number of students for that program. Alderman Feldman asked if the programs offered at the Noyes Cultural Arts Center are also part of that, and was told it was. Alderman Feldman also wanted to know how long they have been at the Noyes Center and was told at least 20 years. He asked Mr. Rubin if the committee or the Council decided to entertain the idea that the Arts Center would take over the Coach House, as described in the memo, would the outstanding issues be paying some type of rent to the City. Mr. Rubin said that would just be an option as the facility needs a lot of work on the interior whether we're going to put in apartments again or going to have office or studio space. The garage has never been touched. They have done a lot of work on the shell of the building, did the roofing, and replaced the windows. Alderman Feldman asked if the Arts Center is suggesting if they took over that section they would do the remodeling of and build out the interior. Mr. Rattner recalled that in January 1999 they went through this and in the Human Services Committee cited from those minutes that Alderman Rainey moved that the Arts Center be the number one prospect for that space, Alderman Newman seconded it and everyone agreed. At that time we said we are very mgnizant of the financial situation of this City. With respect to this building Mr. Rubin said it was not in very good shape and was not in compliance with the building codes, to which Alderman Rainey said this building will not be tom down. Therefore, we have a building that we need to do something with, that +Trill cost money, because the City should not own a slum building. If the City was to rent this as apartments certainly tenants will not put any money into remodeling this building. The only tenant you will ever get that will put any money in it and help with the rebuilding cognizant of the financial situation of the City is the Arts Center and we have made the statement that we will do that. We know we have to do something like that to make this feasible and maybe it would be paid back over time with reduced rent. The issue for the City is not how much rent you can get going forward, but where you're going to get the money now to do the improvements and r,4-- can help in that regard. Its hard to say anything more because there has been no progress and we would '.:Ke a serious talk with the City as it is not clear to us whether the City has been moving forward on this. Page: I C.. Alderman Rainey asked the Arts Center if they were willing to take on all the responsibilities of rervvating times property bringing it up to code and maintaining good records of your expemes. Perhaps the best way to go about this would be to look at this property as though it were habitable and we would probably be renting it to you at a certain amount per square fact totaling a certain amount a monin. and for the year. Vale would Go that and each month deduct Y12 of the year from the rent based on what you had spent to renovate the property. Then at the point in time when all of your renovation dollars ran out rent would hick in The user is the best possible user and the use is definitely the best possible use. She does not think it will make or break the City's budget if we don't get rent from this location, but get it ha!: itable and a safe place to be. Alderman Moran said he would be very Wiling to recommend that the rest 0 the space go to the Arts Center but as part of our responsibility there are some of the issues Mr. Rubin has raised and Alderman Feldman has asked of you. You are emphasizing the fact that this hasn't moved along and he would agree it should be moved along. Part and parcel of moving along would be for us to get something from you that would demonstrate this is the prudent thing for us to do. You say you have a plan to make this happen, if you have such a plan he would be happy to vote in favor of this. Alderman Rainey thought the problem is there are so many costs involved in putting this together they need some kind of policy statement from us saying if they come back to us with a plan this is what we are in a position to do. They want that assurance and Alderman Moran is saying if they come back with a plan that feels right then maybe we'll consider turning the property over. Alderman Moran said he was trying to say the issue is if there isn't a plan we may have to think of something else, if there is a plan he's ready to move. Mr. Rattner said for some months Mr. Rubin has known what they want to do with the ground floor, the second floor, and the garage. It takes a dialogue to do this because all of these plans have to go through the Building, Fire, and ADA Departments to know what we are required to do. Once we have an idea the City okays and get this property we can get into the details of what the architects are prepared to do and cost this out. We heard we are to do architectural drawings, something we can't spend thousands of dollars on until we know you want us to take over the building. Mr. Rubin commented the delay was on multiple levels and not intentional on anyone's part. We asked for information that took two months to come back, waited for the appropriate Hurnan Services meeting and could not get on the agenda. The critical issue with this is if the Arts Center is going to do this they should pay for the architectural drawings. He cannot get a review by the Building Department without the drawings, we tried to explain to them what its going to be like, but they want to see the drawings to review them. He was not willing to spend money on the wrong set of plans. Another issue is this is not the same use as it previously was, whatever the Arts Center does in most parts with the renovation it wc;jld not be adaptable to a rental place for arts. The kitchens will be removed, the bathrooms will be different. the remodeling for their use is quite different than the City's use. That is why he is asking for a decision on what they are going to do. Let them get the plans and pull it together, get the drawings to the Building Department, and then they can go forward to get this done. Alderman Rainey wanted to clarify that once the City gives their consent the Arts Center is on their own. Mr. Rattner said they offered in writing on the condit;on that don't get the lease after they spend all this money they be reimbursed, if they do get the lease that becomes part of our cost to be amortized. Alderman Rainey asked why we couldn't do a letter of intent to the Arts Center. Alderman Newman inquired regarding the City's relationship with the Arts Center at the main building, specifically if they have a long-term lease and what is the rent on that lease. He was told that rent is very nominal but they maintain the interior of the building, the City maintains major interior problems and the exterior of the building. Mr. Rattner said they did not ask for that lease and were not looking for $1 or $10 a year rent on the Coach House. They would pay a fair rent because they know the City was getting rent from the tenants that were there. Alderman Newman moved to make the Arts Center Coach House available to the Evanston Arts Center for rental. The oniv conditions under which it will be rented to them is, 11 we agree to what Page 11. the rent will be, and 21 the Arts Center has to be able to raise the monev, ctiet an architect and prepare the plans for the buildinn. This is to be done with the undemtandinq that the recital will be sensitive to the proportionate adiustment of the renovations. Alderman Newman noted if we collect the rent on this buiid:ng, whatever the rent may be, that money should be for the maintenance of that building and not go back into the City's General Fund. We have an obligation to maintain this building. Alderman Rainey asked about the exterior of this building. Mr. Rubin said the only thing left to be done is the gutters and that would be the City's responsibility. Alderman Rainey asked about the electrical system and the plumbing. Mr. Rubin said the main route to the distribution panel is the City's responsibility and from the distribution panel it is theirs. Alderman Feldman asked the Arts Center Committee if they are comfortable enough to proceed with this decision, to which Mr. Rattner replied they are eager to proceed. Alderman Feldman asked Mr. Rubin if this committee's decision is sufficient to go forward, to which Mr. Rubin replied if your decision is to let them go forward that is fine but they asked him to cover the cost of architectural plans and we did not have the money to cover it. Alderman Feldman said the City wants the Arts Center to have the building, for a community purpose, to be an extension of the Arts Center. Alderman Rainey added they should not expect to come back and say the architect overcharged them therefore its the City's expense. Mr. Rubin wished to clarify when you consider this facility, the Coach House and the garage, you also include the green house, which is now used by the Ecology Center. Alderman Feldman asked the Arts Center to keep this committee abreast of their progress and come back to the Humans Services Committee in two months. Alderman Newman noted Human Services Committee Chairman rotate every three months and the Arts Center should contact the Chair and the staff to meet with them. If they are not on the Human Services agenda it will be because they have not asked to be on it. Alderman Feldman recalled Alderman Newman's motion to have the Coach House, the garacte leased to the Arts Center. Motion unanimously passed f4-01. IX. CONSIDERATION OF THE 2000 NOYES CENTER LEASES (HELD OVER FROM MARCH 6, 2000) Mr. Gaynor noted three memos were attached to this section of the packet, one explained what was included in the packet, another memo was from Mr. Hill of the Legal Department on issues of the law as it relates to the agreement, and the third was Mr. Gaynor's memo on an issue not covered by the Legal Department regarding a Human Services Committee inquiry. These three memos respond to the generic leases in the packet. Anthony Adler distributed a short letter to members of the committee. Ms. Brenniman said she familiarized herself with the items and would have to take it back to Mr. Hill and Ms. Szymanski to respond to it. Alderman Moran did not know what reservations there might be in terms of timing but sensed when this was discussed at the last meeting there wasn't a great urgency. He suggested it would be easier for everybody on the committee if these four items could be meshed into one memo to get the commentary on the latest input and gone through at the next meeting or have something worked out in advance. If there are any remaining issues we could present those issues and vote on them. Mr. Gaynor said the urgency is none of these issues relate to the rent that's being collected and we are using the existing language rolled over from last year's lease. He agrees with Ms. Brenniman that this needs to be evaluated by the Legal Department as well as his department. We did spend a considerable amount of time with Ms. Szymanski on recommendations with the exception of only one issue which the department evaluated and modified. If the committee prefers, this can be delayed and carried over another month. Page 12. Alderman Feldman brought up an underlying issue that has to do with M,r, Adler's Four Points. ,n Response and read, Point No. 1, `Rentals are subsidized at the Noyes Center bemuse (a) the work the ,� ants do is perceived to be valuable to the community, and (b) the arts are known to W non-remuneratNe.' He is not sure (b) has ever been discussed or has been established as a policy. There nre people that ane .artists wino work there and don't use that as their primary source of income, perhaps they have independe_-t means of living and some live very well. It has never been said that because someone lives well they are ex=luded nor has anyone every said because someone does not live well they are au-omatically included. If nose who live well are subsidized it is on the basis of contributions in the communit-. Kzthout reference to wc!ere or how they live, which nobody cares about. That is something he wants to ge: out of the way because one of the things that will come up later is what function the Noyes Cultural Arts Center has in regard to nett' artists and the Arts Council's policy on establishing a certain percentage of space as revolving space, hc%,v that came about, and how that fits in to the grand view of what the Noyes Cultural. Arts Center is. His nex; question would be if somebody of sufficient reputation wants to be in the Arts Center and has a great deal to contribute to the community does that mean he/she would be excluded if they seers to be making a decent firing. Also, if somebody without a lot of notoriety comes in either wealthy or not are accepted just on the bass that they needed it. He is not sure where our criteria is and how consistent it is, nor how it was ever eslabkshed that 2, 3, or 4 spaces would be used as the circulating one and tenants be allowed to stay there 8, 10, 12, 15 years without question, something that should be discussed. He has no position on this but dries see a lot of questions are being raised and we have to get through these leases. He indicated this issue that the arts are known to the non -remunerative and tenants that have limited means are subsidized. We never discussed subsidy based on a means test, something we should get out of the way. He asked if before this committee can deal with this the lease has to again go back to the Legal Department. Ms. Brenniman thought it has to as these are comments regards Mr. Hill's and Ms. Szymanski's memo i hich they need to respond to. Alderman Newman thought in view of the issues being raised our Director should be allowed to run the building. In regard to any key policy if the tenants can't go along with our policy they take us off the hook, because if somebody gets hurt in one of the bathrooms the first thing anyone will do is sue the City and ask about our policy on the keys and we will hold someone on our staff responsible for that. Mr. Adler said it was not his intention to have this go on any further. He received the memo today and most of it is in agreement. What he would like to see is compromised language, not on the legal issues but on certain small items. This is not a major rebuttal but his intent to offer helpful response to points that were made and is adding his two cents because it is his responsibility as the tenant representative. Part of the mechanism of Noyes is we did form a committee that includes tenant representatives that talk about policy of the building. If it was up to him nine -tenths of the issues would have been settled in that committee and you would have seem the end results. That is not the way it has been working and he is offering his point of view of that not in order to make the process go on longer and not to create greater confrontation, but in the spirit of helpfulness and resolving it in the way that represents all parties involved. Alderman Rainev moved to accept the recommendation of Mr. Hill and Ms. Szvmanski, as its written, in terms of recommending or changing the leases on draft, motion seconded by Alderman Newman. Alderman Rainey noted she is experienced with leases and does not sea anything unacceptable about a high priced tenant representative except the wording. It is much more stringent than this where there is more money involved and you have an obligation to hold out for everything yc:j can possibly hold out for but thinks we're getting a little far out field here. She thinks this is a good lease but can't understand the record keeping and way we charge people. Alderman Rainey inquired if there is a rental management system in the computer for maintaining these records. She was told this is not and recommended they get one. Alderman Moran agreed with most everything Alderman Rainey said k;,::t his own preference would be that Mr. Adler and all the people he represents get together with Mr. Gaynor, Mr. Hill, Ms. Szymanski, and Ms. Brenniman, and come to an agreement on what the lease should be. He does not think it is right for the Human Services Committee to have to vote on each of the paragraphs in the lease and would recommend that all your consideration be given to the points made in their memoranda and the points you feel you might Pagc 13. want to persist on, but try to come to an agreement without this committee's involvement. He has te-n on this committee for nine years and has never had to go through a lease and take votes on subpar grmphs, something he thinks is not a good juncture to reach at this meeting or at our next meeting. It woufd t e±-nice to get together and agree on what our legal advice is telling us and he agrees that most of their sur�cpa-Ttions are well within reason. He would like to see the tenants and staff agree on a lease that makes sr_ --se and when it comes before this committee there would be only one lease to be decided upon. Alderman Newman said in fairness to the people that work for the City we have to be able to give t!-e mbility to change a tight bulb at the Noyes Center without the Director having to get the approval of the tenants committee, not should the Director need tenant committee approval to issue a lease. He has no pretkirm-with the people that run the building for the City consulting wr ih and listening to the tenant committee. Tre pmople renting at the Arts Center are not satisfied with what is a very routine matter taking place, the lease-Weing presented by our Director, they are appealing his suggestions and hoping the City Council will not surpwrt the Director. The Director of the Arts and Recreation Department does not need to come to an agreemennt with the tenant committee on every way to manage the building and even thinks the Director should decdw,who the tenants will be and be given the authority to set the key policy. This is not to say he shouldn't rreet•with the tenant committee to try to worst out a workable key policy, but he also has a duty to the taxpayers to retake sure vie don't get sued because of an irresponsible policy. He supports the Director and does not wart to give the mandate that the Director has to reach an agreement with the tenant committee. It should be rrt;-,ci_-rClear that our Director has the authority to run that building and he would not want to see our Director of -Arts, Recreation and Parks spend all his time at the Noyes Center meeting rriith the tenants committee eveiw'time something goes on at that building. This is not to say he does not respect the work done by the tenants czf the Noyes Center, they are all great tenants Mr. Adler wished to say these points were not offered in the spirit of confrontation but because there -were seven points given by the Legal Department that he had to respond to as an interested party. He woultdi'love to see a lease now and you are in power to make the final decision about that. The way things are consdituted now he is a member of the committee that helped work on these tenants' lease. Alderman Feldman addressed his remarks to Mr. Adler that these kinds of issues should not come before this committee. Sitting in this meeting one can see the kind of issues we discuss, real stuff of life to this community, questions of the library, the question of art. things we want to deal with when it comes to the well being of this community. That is what you should be about spending your time doing, your job, whicth you do very well, and not talking about this. It is very costly for the City to deal with this and involves a greatt deal of staff time. This committee wants to deal with issues that allow you to create and do your job best and for us to do the best for the community which none of this has anything to do with that. He would surpport Alderman Rainey's motion and wants our energy to go into bringing beauty to the residents in this commiunity. The Council holds all the tenants in great and high esteem being significant members of the communitty that contribute a great deal. There being no further discussion, Alderman Feldman recalled Alderman Ralnev's motion to be woted on. motion unanimously passed (4-0). X. CONSIDERATION OF THE RECOMMENDED ALLOCATION OF FY2000 EMERGENCY SHFELTER GRANT FUNDS Alderman Moran moved approval of the recommended allocations. seconded by Alderman Raiinev. Alderman Newman asked if the recommendations were basically the same as last year and told them was a small change, $66,200 for Connections for the Homeless and S16,800 for the Evanston Ecumenic al' Action Council. Also, The Soup Kitchen received an additional S1,000. There beina no further discussion. Alderman Feldman called for approval of the motion. Nfcftional unanimouslv passed (4-01. Page 14. Mr. Saver introduced Will Sunblad, the new Director of Connections for the Homeless to the committee. XI. REVIEW OF ECOLOGY CENTER RENOVATION PLANS Gordon Guth member of the Ecology Center Board, said they came to this meeting to bring the Hurnan Services Committee up to speed as to where they are. Everyone received a packet that included a memo and a copy of the plan. They have progressed very nicety with the program and completed a review of the planning phase of the program. The Site Plan Review Committee has approved the drawings and a set of drawings is being sent to the Water Reclamation District for approval. We are currently in the process of getting bid packets put together and are moving along very nicely. If all goes the way we anticipate a huge fundraising party will be planned. Also, we received a grant from the Stale of Illinois for $73,000 and have letters going out for private funding to people who are likely to contribute to this renovation. Our fundraising is going very well and we anticipate going through December of this year raising funds. In summary we're in good shape. Alderman Feldman expressed how proud he is of this Board's endeavors and how wonderful for them to take on the responsibility of this. One sees the type of supplement mentality we get here from people that need money, who do good, but so often the City is the great father that hands out the money and in many cases its appropriate. It is such a relief to see a group of citizens that literally took over an issue and did it for the benefit of the entire community, a community he is very proud to be a part of that has people such as you in it. He certainly will be a lot more proud of that structure as a result of your having done it than if we had done it, not only from a point of view of relief but pride in the community. Mr. Guth said they're very excited about this because they're adding the patio classroom and an exhibit hall for a gallery of things related to ecology. In fact they even scrounged some used furniture from a church to be used for their new office space. Alderman Feldman asked if the timetable for completion is known. Mr. Guth said they anticipate construction will begin some time in August and hopefully will be completed by the end of the year. They will also have a patio on the canal side with a new addition that will enable them to have outside activities. This will be a fun and exciting area for people not only to have classes but also for family enjoyment. Alderman Moran offered his congratulations and said this has run most efficiently since the time of its inception and everyone deserves a great deal of credit. Last year he attended an outreach meeting in Lincolnwood School which he thought ran extremely well. He congratulated them on getting the grant and moving this entire renovation forward and making our job easier. XI1. COMMUNICATION: LAW DEPARTMENT RESPONSE TO COMMITTEE QUESTIONS ABOUT YOUTH COURT PROPOSAL Alderman Moran noted this memo basically says the resources we might have to devote to a this would depend on the design of the court program which as yet we do not know. Ms. Brenniman said she received a bit more information today from Christian Tine of the Youth Services Bureau. Ms. Tine and Sandra Allen met on March 27"' with the presiding Judge, who was very impressed with the existing community service program and suggested that the court become involved only with the non compliant youth that would be the example for the youth court and seems to be the direction they are going. There will be some meetings to further explore this. Alderman Rainey asked what a non compliant youth is. Ms. Brenniman was not exactly sure and would guess it would be someone who perhaps has a history of problems or has been on some kind of probation, or something they had to adhere to it. Alderman Rainey was not present at the last meeting and asked if we are just talking about juvenile violators of ordinances. Ms. Brenniman responded, that is right, if we're going to be prosecuting that is what we would be dealing with because our authority as prosecutor is only what it would be to our ordinances. Alderman Rainey said it seemed to her that we have a lot of non compliant Page 15. youths, who have been to court and it was deter -mired that they should do some community service or something of that nature, who aren't in the Youth Seriic s system because as it has been explained to us numerous times they only take youths who go from the-c house into the police station, have meetings with their parents, who are youths she would call very compliiarIL She wonders how we determine sorwneone has not been compliant when we don't have that system in place now. Is there any chance that we w,:Puid have a juvenile part to administrative adjudication or is mere .are confidentiality issues involved. Alderman Newman said Alderman Rainey's prem se was different than what he understood this -mould be. He thought the Youth Court would be a call for every ycu m. for example those charged with theta cc burglary. Alderman Moran recalled we were told the call was =_ rng to be if a youth is charged with an ordinance violation they meet with the Legal Department to work cur; a deal. The whole idea behind the court ,is to have the judge wag his figure at them and tell them to do bar_ Alderman Newman did not know if tine Skokie Youth Court does that and thought instead of doing a st=ion adjustment on a theft, which is not an ordinance violation, they were going to refer those cases to the YoLn Court where there would be a meeting of the Legal Department with the Police and a decision would bee retammended. It was to be an alternative to a station adjustment. Alderman Moran added if it was a state offense we couldn't do this because the State's Attorney would be involved. Alderman Newman commented after reading the merno from the Legal Department he did not know how much communication was going on because in advance of the call the Youth Court wants the Legal Department to be a corporation counsel to participate with somebody from the Police Department to recommend dispositions. The reason it could not be in administrative adjudication is that is on,,y for civil cases. Alderman Moran added a'i juvenile cases are to be confidential, plus there was the idea to take the youths to Old Orchard Road in front of a judge. Alderman Newman said a graffiti violation is criminal damage to property, it's a misdemeanor and the same as a theft. Alderman Moran added it could also be state charged or a municipal violation and could be treated as a municipal violation and run through the Youth Court. Relative to this discussion Alderman Rainey read from the March 61" minutes, "Alderman Moran inquired whether this is for juveniles who are charged wrn +rolations of City ordinances as opposed to state criminal violations. Ms. Allen responded that is correct. what currently happens is for most of the kids these are misdemeanors instead o being station adjustments far.._. .... ' Alderman Newman said when Ms. Allen gave the answer he did not understand it because the reason he supported it was he would like to see an alternative to a station adjustment where a kid goes hcr-,e. Alderman Moran thought the whole idea behind it was the cogency to get a judicial involvement as opposed to dispensation. Alderman Newman asked for a dear explanation on the types of cases being handled in Skokie and what the expectation would be on this. He would like to say if the Law Department is involved it %%0 be more than just 5 hours a month, as it was his impression that you were going to participate in advance of the court. Alderman Moran said they were trying to find out what the court wants to do because deprnc ng cn what the court wants it to be it may be more intensive or less intensive. In view of the many interpretations of this additional information and further explanations was requested. Ms. Brenniman said 14 r. HJ11 and Ms. Szymanski would be attending a meeting relating to this and a memo will be sent to the committee for their next meeting. Alderman Rainey commented people are always compa-ring Evanston to Skokie, and all the beautiful things Skokie has. An explanation of one of the ways we're co different, which Alderman Rainey read from the March 6" meeting "Chief Kaminski said -from what we rear Skokie has 50 or so cases and we arrest close to 700 or 800 kids a year..." If you want to talk about police effort and follow up in youth services, etc.. we have other issues that Skokie does not have. XIiI. ADJOURNEMNT Alderman Feldman thanked everyone for their attendance. The meeting was unanimously adjourned at 10:30 p.m. Respectfully submitted, Audrey Trotsky, De ment of Health and Human Seneices 7�, Page e 16. MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: OTHERS PRESENT: PRESIDING: 1. CALL TO ORDER DRAFT - NOT APPROVED CITY COUNCIL HUMAN SERVICES COMMITTEE May 1. 2000 Civic Center - Room 2402 7.30 P.M. Aldermen Moran, Newman and Rainey Aldermen Feldman and Kent Frank Kaminski, Kathleen Brenniman, Havey Saver, Mark Franz, Maureen,Barry Jay Terry. Paul Singh, Audrey Trotsky Wendell A_ Thomas, Claire McCarthy Peterson, Richard Koenig, Alex Sproul, Will Sundbtad, Margaret Norton Alderman Moran Alderman Moran called the meeting to order at 7:55 p.m. 11. APPROVAL OF MINUTES: MEETINGS OF APRIL 3, AND APRIL 17, 2000 The minutes of April 3, 2000 were called for approval. Alderman Rainey called attention to Page 13, second paragraph from the bottom of the page, first sentence. She did not recall making this statement and requested it be deleted from the minutes. Noting that correction, Alderman Newman motion acceptance .of the minutes, seconded by Alderman Moran. The April 3, 2000 minutes were unanimousivavaroved 13-0]. The minutes of the April 17. 2000 meeting were called and unanimously approved f 3-0i_ Ill. CONSDERATION OF DISPOSITION OF CITIZEN COMPLAINTS AGAINST POLICE OFFICERS Alderman Rainey inquired regarding the consequences of Case 00-04. Chief Kaminski said it was sustained, there is no public record made of the disciplinary actions or recommendations of what happens after that. Alderman Moran recalled when he first came onto the Council he was on what was then the Police Services Committee and all that was discussed was whether the case was sustained or there was generat disposition. Alderman Newman thought we should know what the discipline is even if it's in closed session otherwise you're not revealing anything. He does not want to know the officer's name but at some point in time part of our review process is knowing what happens to these people. Alderman Moran noted under personnel legal requirements this can't be disclosed in public and believes that at a minimum it would have to be done in closed session. He is not sure what further legal requirements may or may not be necessary, but Chief Kaminski can find out if that's legal and permissible and perhaps it can be done in closed session. Alderman Rainey recalled at the beginning of this term a rule was passed that all members of Council are entitled to all records of the City. These are people who are policing the streets who have an extraordinary )unt of power over everybody involved. 99.99% do not abuse that power and she believes that from the Page I. - bottom of her heart, but thinks this should be made known to them. She wvuld like to know 0 this police officer is patrolling in her district. Alderman Moran did not have any objection to that but said there is the Cities and Villages Act, a state statute, that has substantial authority over contrcd of municipal dco--=entation. He does not know the answer to the question but knows this state statute has control arer municipal directions in terms of handling some of these records, including personnel records. We need M find out the answer to that question and how it is to be handled. Alderman Ne eman said speaking from his own interest it does not make any sense for us to .-eview these complaints. If we thought this was a very serious violation and the Chief sustained it, then one day found out the officer off we might not think it is the type of discipline we find is commensurate in terms of reviewing this process. He has no problem looking at any of the Employment Acts or Village Acts to see wh4r is and what is not permissible if staff wants to brief us on that, but in his view we are entitled to know what the punishment was. Ms. Brenniman noted regarding the Open Meetings Act there are several excepejons. Closed sessions is one of those and it, has always been the Law Department's recommendation, although we are not required to go into closed session except on personnel issues. If you want to know the name of the police officers, you want to know the name of the witnesses, or anything about the discipline, our recommendation is it should be done in closed session. Alderman Moran asked Chief Kaminski if he could give the committee a memo and communicate with the Law Department on these issues discussing the name of the officer, particularly the penalties that might have been meted out to him/her on any issues. He would welcome any comments or observations you have in your position as Chief one way or another and would be happy to get your input on that from a poricy as well as a legal standpoint. Alderman Rainey again wished to say, as it has been said been said before, for the number of stops, interactions and calls our police department makes in a year, the number of complaints is very miniscule. Alderman Newman recapped that the Chief will come back to the next meeting with an opinion and we will find out what the punishment was. Alderman Moran suggested the Chief bring in combination with the Legal Department input in terms of what the state statutory requirements are and would be interested in hearing the Chiefs views about sharing that information and policy not legal implications. Alderman Rainey noted this case is a gross abuse of policy. Alderman Newman said he would like to get the direction as to what we are doing with this case. Alderman Moran said we have not gotten to this case yet and asked it the committee wants it taken up. Alderman Rainey wanted it to go on record that she would like the information she requested and specifically understands this is a public issue, if it's a confidential memo that is fine, if its just spoken in closed session that's fine too. Alderman Newman moved to accept the recommendations of the disposition of the citizen complaints, seconded by Alderman Rainev. Motion unanimously passed (3-0). IV. CONSIDERATION OF EVANSTON POLICE YEAR 2000 SUMMER PLAN Chief Kaminski informed the committee some additional money was received from two sources that will be applied to the summer activities used last year and will again be targeted in Beat 77 and 78. Last year's program was started in the summer and soon after that ended losing a great deal of progress. With this year's funding level we'll be able to carry it through to the end of the summer of 2001 which is exciting. We are currently waiting for the money and hope to receive it this month to get going as soon as we can. Thanks to all the elected officials we are again fortunate for the very helpful Block Grants. This is the 3f° or 40 year we received the Block Grants. We can use these funds for the summer plan to put extra officers on the street during the peak times. We put two additional units on from 8:00 p.m. until 4:30 a.m. our highest calls for service are during those months and having the extra units helps. During the summer we have the van out in conjunction with our outreach program, we have a couple of equipment problems with the generators but Paze 2. are struggling to get it out as much as we can. We will levee the mobile outpost and work 24" District to have more role calls on Htzward Street. This year we will be working ►»th the Foster Park Neighbors on a special project in Beat 77 cri Simpson and Dewey. Ware hoping to get tNe Compliance Ti►-`et Program off and running to make enforcement easier for our officers, The department is also involve m a number of summer activities. i.e., the 0 of July picnic, covering recreational programs r►sth the City, a :;e::aa! program with Ridgeville as Ridgeville received some additional money and will be put:ong some addit,.-Neal workers in all the parks and we have already met with them to get our strategy together for those parks, Overall we'll be in pretty good shape with our staff for the summer and at our weekly staff meetings t►.:! monitor the progress of the resources and activities going on through the summer. Alderman Rainey voiced her distress with the activities in Beat 78. It seems to her things are getting worse in terms of people coming out and badgering passers by, fights breaking out, people beating ore another over the head with clubs. The presence of the so tailed Beat 78 car is really only a response presence and she is extremely dissatisfied with the presence of the Beat 78 car, furthermore she thinks its t.inie we started looking at a 3-shift Beat 78. She does not know if that's the solution because most of the time we all know Beat 78 isn't in Beat 78 unless its responding to a call. This was supposed to be a fabulous srrall Beat where we have the constant presence of a car, but most of the time it's not there. Chief Kamins.6i said its there when they get the calls unless there are other activities and they're assigned to the other Beat. Those officers are in that Beat unless the car is pulled and they're involved in an arrest where they'll be taken off the street. Alderman Rainey said in herr opinion she did not think they should be at Horne Depot for shoplifters, as we have much more serious prculems, it needs to be dedicated car unless there's a stabbing or a shooting. Alderman Newman did not want to make a choice between Home Depot and Howard Street. He would rather get the needed resources to t,%ave the proper amount of presence on Howard Street and Church and Dodge or any of the other hot spots.. It is difficult for him to believe that with a S15,000,000 budget we can't have a more extensive, adequate presence. For example, if Home Depot gets robbed blind it influences people's decisions whether to invest in this community. He wants people to invest in this community because he wants jobs for people in the community especially at $8, $10, $11, an hour. Speaking as a member of the Council he definitely wants to see enough police on Howard Street and Church and Dodge to do what Alderman Rainey wants to get done. Ij we don't have sufficient resources we have to ask for them. Alderman Rainey commenter we sit around bragging we have a Beat 78, it's one thing to say we have a Beat 78 but another thing to have it being patrolled by the patrol assigned to that Beat. In the heat of activity where there are gatherings of people on comers sending signals to one another, women beating each other heads with clubs, versus a shoplifter in custody at Home Depot. For the Beat 78 car to leave to take into custody the shoplifter who has alreacy done his dirty deed is inefficient patrolling of Beat 78. She is very concerned about Economic Developmer-t but there are wonderful people living in Beat 78 who have lived there for many years, worked hard all their fi-fe, made a huge investment in their home, and are ready to say "forget it, I'm out of here because I cannot :ake this street abuse any longer.' That Beat car should be driving up and down those five or six streets unless they're in the lockup with a prisoner or when they're at lunch, or on break. If they were there we would not have these corner incidents taking place and residents would not be calling saying people are out on m1 street dealing drugs for 20 minutes. The police should have gone by in those 20 minutes, but its not happening. Alderman Moran knows this nas relevance to the summer plan but asked that the focus be on the summer plan. Alderman Newman sand he is 100% in agreement with what Alderman Rainey is saying about having the person in Beat 78. He v►snts to have sufficient resources in Beat 78 to do the lob necessary to get Beat 78 under control, to keep the car in that Beat, and also be able to make the arrest at Home Depot. He has the same problem going in his Ward in the downtown area where is aggressive panhandling going on. He does not know what the answer is or why the Beat car is leaving Beat 78 and it is perfectly within this discussion to find out about tzat. He would like to have the Beat car in 78 or whatever Beat car is necessary to get the job done. Page 3. Alderman Rainey commented the City is nine police officers short and understands from a memi;,-,-r of the press we're actually twelve officers short. Chief Kaminski added we're actually fourteen short. We monitor Beat 78 on a regular basis and the cars are in their Beats. At any given time they can get multiple calls to respond in other paces. He has to respond to an emergency call in the City even if that means pulping up a squad car from another beat. If you want dedicated cars to Beats that are not going to handle cails we vrill need extra resources to do that. He can put people in the Beats and saturate it but if they're not going to respond to calls we need people to be able to handle the priority calls when a Beat car gets down for an arrest or another activity, somebody has to handle the calls which is the reality of the police force. He canrrot project at any given day whether its going to be high or low calls for service, we have to deal with what's out there and be able to staff and handle those calls. If we get backlogged we'll pull detectives, youth officers, everyone just to be able to handle what's on the street, that Is our priority. Alderman Newman said his problem is if you have an officer in the Beat 78 car who has to make an arrest and he/she is going to be out of that Beat for two or three hours to do the paperwork and take the prisoner to the lockup, he does not think that Beat can be left at 7:00 in the evening for two or three hours with no Beat car. To follow up on Alderman Rainey's comment about the shortage of fourteen police maybe we have to recognize as a City if we're fourteen police down in the summer when the officers take the most vacation time we may have to make some adjustments because being that many police down is very critical. He hates to ask officers to defer vacations but to have a lot of officers on vacation in the summer means you can't adequately have somebody on a Beat and this is very frustrating to him. Some plans have to be made to deal with that and he would like to know what is being done on that score. Chief Kaminski said all the shifts will be staffed as best they can and they have pulled officers from specialty assignments. Vacations is an issue handled year round and there is a limit, only so many vacations are allow at any given time, they only allow two people at a time to be out on vacation. He has to make sure shifts are staffed so he pulls other people and has not made any promotions. His administrative staff has been cut as we're doubling up supervisory assignments and will continue to do that way until we can get through this period of shortage of staff. Civil Service meetings are being held and we have eighteen people to try to help elevate this situation. Alderman Moran was very happy to see the department again receive the grant for Youth Outreach Program as that program made a real difference last year and he had a chance, on a personal level, to see it in action and to see the great job done by Ron and Terry. V. CONSIDERATION OF A REFERENCE TO ESTABLISH A GUN BUYBACK PROGRAM Alderman Rainey found it a tad insulting to have an item get on the agenda without an ounce of staff research material provided on a program of such great interest to millions of people in this country. The message this sends her is this was put on the agenda because Alderman Rainey referred this so long ago we have to put it on, but nobody really cares enough to provide any background material on it. This has absolutely been the most successful program in the history of this country for removing guns from the street. She is not sure whether it is the Police Chief or the staff who does not support this program and would like to know the reason for that. Chief Kaminski said he would be glad like to tell what he knows about Gun Buyback Programs and the one currently being funded by President Clinton through Housing and Urban Development. This program is an incentive for HUD and focal police departments and requires certain criteria to be done through HUD. The objective is to get unwanted guns out of circulation and to reduce the number of firearms in circulation to help prevent accidental shootings, gun suicides, gun crime, and unauthorized gun use. The HUD Buyback Program pays $50 for each working gun that is donated but you have to have a HUD site in order to plug into that money. Alderman Rainey said that was the latest program but the Sheriff of Cook County conducted a program and stood on TV in front of all the local and national stations who did not have those constraints showing this enormous warehouse room full of the guns they got back and explained it did not matter if it was a gun from a little old lady's house whose husband died and she found the gun and turned it in, this gun could have easily been stolen in a robbery and used to kill or hijack somebody. For every penny we spend to get Page 4. a gun off the street it probably reduces the number of police responses by 4 or 5 to a shots fined call. Doesn't six or seven cars, or whoever is in the area, go out on a shots Bred call. Thai's an expansive tail, for service. She woulb lake to see a program put together where we would pay for guns. Alderman Moran said perhaps there is a way where we would not have pay for guns, to which Alderman Rainey responded state could nct think of a better way to spend our money. Alderman Moran asked Chief Kaminski if he is aware of some way that we can obtain funds by taping into this HUD program. Chief Kaminski staid he pulled information off the Internet about the programs currently being sponsored by the Federal government and spe atr—ally a local Police department has to have a HUD office to deal with this. He does not know if we have a Iota' f-IUD office to deal with nor does he know if the Cook County area is able to do that or d we have to be in Cook County or in Chicago to apply for these grant funds. The County put together the funds for that which was done t r the Sheriff on a countywide basis for all of Cook County and we supported that effort with them. 4Ve were very supportive of the Sheriff who had the resources to do that. He has been trying to get in touch %vith the Sheriff to rind out his views on that and if he had additional financial resources to look at Countywide or other jurisdictions. Alderman Rainey suggested working with him to hold his next Gun Buyback Program here in Evanston_ Chief Kaminski said he is not opposed to Gun Buyback Programs but there are resources involved to put it ail together and it takes a lot of man hours to coordinate these programs. Alderman Newman moved that the committee ask the Police Chief to consider to begin with a 550,000 Gun Buyback Program a reference that should be seriously taken. Also, he would want the Council to give the staff direction to begin looking for $50,000 as this problem is a priority and we should not wait two -years to get a grant for this program. Alderman Moran thought we may find we could fall somewhere within this Cook County Sheriffs program and may not have to commit specific funds, but as the Chief has said it will take staff' time to coordinate such a program. This committee has substantial interest in this and if possible would be interested in getting a report from the Chief on the resources needed to do something like this in Evanston. The Chief said he would be glad to continue researching this to see what he can find out. For the past few years our statistics shows people in this community have voluntarily turned in about 25 unwanted guns each year. One of the positive things we have here that other communities did not have is the Hand Gun Ordinance that has been in existence since the early 1980's. People here are much more conscious about guns In the homes and a lot of the initiatives bring the level of knowledge and conscience about guns in the homes to get them out of the homes. For years we have been taking guns from people which says a lot about the community and our commitment to not having guns here. Alderman Newman moved for obtaining money for a Buyback Program and does not have any problem with trying to get a grant for that. However, he has a problem if we're not absolutely serious about this because he's very serious about this and asked Chief Kaminski to come back with the study. Alderman Rainey said this would to a perfect for the police department to propose a program to Community Development to either match some funds or coordinate funds with money you might have in your budget and sees nothing holding us back on this. It must take a lot of staff time to organize the bicycle auction we do and thinks this is much more important than doing that kind of thing. If we're like other communities it will be successful, and she considers success in the numbers we acquire. Alderman ! ewman asked Alderman Rainey if she wants the department to unite up an application to the CD Committee to which Alderman Rainey responded that would be fine for the long run to get some kind of match back. If HUD is approving that kind of program and taking the lead in some communities where there are public housing projects no community in the State of Illinois has a greater concentration of HUD subsidized tenants than in the south end of Evanston. We have over 900 subsidized tenants in the City of Evanston. Even if we don't fit within the guidelines of this program we fit within our own creativity and innovation and can put something together without HUD. In the long run if you want to ask for some support from CD she knows its there. Alderman Moran said we have a range of potential options and there's substantial interest from the committee about such a program. He asked Chief Kaminski to look into to giving the committee any options he finds that are available to us. Chief Kaminski said he would try to report back to the committee regarding this at the next Human Services Committee meeting. Page 5. VI. CONSIDERATION OF A REFERENCE TO CONSIDER NEW ANTI -PANHANDLING SUGNAGE Wendell Thomas, Evanston businessman, said he did not want to have anti -panhandling signal but would like to have the City pass an ordinance making the soliciting of funds to beggars be against the Itaw. He has been downtown for 10-years and it is discouraging to have beggars come into your face »nth rOthing to be done about it because it's not against the law. You can put all the signs in the all the Windows, zaEk to all the people, but you're not going to educate anybody. Two or three years ago a City employee vxlent around talking to people and the number of beggars went down. When he started there were 56 and gcd it reduced to 22. Begging should not be allowed, what we experience downtown is essentially compared to deprivation. Go to Wilmette, Winnetka, Old Orchard, there are no beggars, but they're in Evanston. Aldermman Rainey made a comment that the police have an extraordinary amount of power, in fact the beggars dowrVown have an extraordinary amount of power. One of his neighbors told him its so bad she now opens her business at 9:30 or 10:00 a.m. and comes with mace. Another woman, who owns a store down the street, said a month ago one of her employees crossed the street to get something at Taco Ber and was hassled so severely she had to call the police. This goes on and on and on, it's sickening. He's been there 10-years and its not getting better. He does not want any signs in any windows, he wants an ordinance passed. He does not know if anybody would agree with him but would like to read a couple things to this commit_pe. This is addressed to Alderman Art Newman and all other members of the City Council. He did this on his own, he is not a member of the Chamber of Commerce or anything else and made up a petition that says. `Those of us who signed the following petition are owners or managers of businesses along the 1700 block of Sherman Avenue which is bordered by Church on the south and Clark Street on the north. We find that the number of active beggars, apparent homeless, and other idlers, an our block to have what we consider a negative influence and impact on the commerce we pursue." He knows one of the tenants of the City is to help with commerce which is part of what a City exists for. A lot of deals are made to get something and the Buck people get things, variances are made, people get to open liquor stores where it wasn't allowed before. What we want downtown is an ordinance that prohibits the begging that is constant. He wants something done and other people in business want something done. This is no joke, you go down there every day its depressing, they stand in front of your store with the cup jiggling. The other day a beggar told him it's not against the law. He knows it's not against the law because the City Council hasn't passed something that has any teeth so that it would stand up. On both sides of the 1700 block of Sherman Street there are 17 stores and to show how important it is to the people every single store signed the petition,100%. Its not that he is only one that thinks something should be done, everybody on both sides of the street wants something done. Mr. Thomas had another petition that had to do with restaurants that have outdoor seating and was signed by owners or managers of businesses, etc. which includes Clark Street and/or Church Street.' There are five restaurants, Clarke's, Einstein Bagels, Starbucks Coffee, Unicom Cafe, and The Flat Top Grill. This petition reads: "We have restaurants which provide outdoor seating in addition to indoor seating. Once the seating license has been issued and the tables and chairs placed out of doors, we have experienced the following. - Our customers have been solicited by the crew of Evanston downtown beggars or have been spoken to rudely and caustically by the apparent homeless, beggars and idlers without having desired any conversation with them; have at times been made to feel ill at ease and threatened by these same people and their remarks and stares or glares; and, have at times mentioned something to managers or employees about their discomfort and have at times moved to the inside to finish a meal." All five restaurants signed and he did not have to twist any arms or say thank you. Mr. Thomas had a third petition which is actually a little letter to Alderman Art Newman and the rest of City Council and reads, "Panera (bakery and restaurant) located at 1700 Sherman Avenue will no longer have outdoor seating for our Evanston location because it is too difficult to deal with the homeless, the beggars and the idlers who have obstructed our business in the past." This is not a good sign there are a lot of destabilizing factors in downtown Evanston predominately the beggars. You all know there are a number of Evanston residents that won't go downtown because of the beggars, an unhappy situation. Nobody made their plight its not like bad luck, they've made their deals the way it is. There are shelters provided for the homeless and if they want to walk around and wander, that's fine, but they have people all the time soliciting for your money. This is an endless situation that has become very depressing and he would like the City Page 6. Council to do something. The last time the City Council did something it was ineffective and the Gity Council would probably say it was poorly conceived. You cannot do this in the City of Chicago. Today. he went through a 12 block area of the City of Chicago and did not get hit on once, yet you can't go a block in downtown Evanston without getting hit on 3 times. It has become absurd. He made copies of tY,e Chicago ordinances that relate to this and it doesn't seem to be a terribly difficult thing to write. He's not a Pa"er and thinks many City Council members are. The summer is coming, its going to get worse, there's going to be mothers with kids and there will be beggars, its not good for business. This is Evanston. this isn't Waukegan yet, he does not like the idea that it could be, but this is not a very healthy situation. This is his lJock and if its not representative he'd be happy to go to some other block where there's going to be a 100% participation, nobody likes or wants this. Its as though we're being held captive by these beggars and there's nothing we can do about it, ask the police, its not against the law everything's okay. They know its not okay. what it is is demoralizing. As of this past winter we starting shutting down early during the holiday season because there's nobody downtown. Other stores have also closed early and it's not going to get better. He doesn't want signs in the windows, that was done before, it doesn't work You're not going to educate any Northwestern students that it doesn't help them, because they think they're doing a good turn giving them money. He doubts any of this committee have a store or work in downtown Evanston because if you did you'd pass that ordinance in a second. He wants an ordinance and is going to push really hard every way he can to get one. Alderman Rainey asked what was the reason the section of the ordinance on Assembling Upon the Street was not amended when the previous Council worked on this issue. Do we view panhandling as being a violation of the City Code? Alderman Newman said the ordinance was originally considered in 1993 while Alderman Rainey was still on the Council and Alderman Wolin and Alderman Nelson were also on the Council. At that time he asked the staff for an ordinance and they came up with an ordinance that suggested a $500 fine and that ordinance got hopelessly politicized by certain members of the Council and in a Mayor's campaign. He thought that this sign was a hundred times more effective than anything we ever did and he totally agrees with everything Mr. Thomas said but he still believes part of the problem is the demand and people know they can make money panhandling. You somehow try to kill the demand and encourage people not to give. Regarding the point raised by Mr. Thomas about Evanston being different than Old Orchard, this is a direct result of our own public policy decisions. There are soup kitchens all around the downtown area and everybody on Council likes to vote for soup kitchens downtown. He loves soup kitchens but in his opinion one of the consequences about that is there are at least 60 people eating at these soup kitchens every night, some of these soup kitchens even advertise. The issue of the ordinance got hopelessly politicized and was turned into something where we were being mean spirited and never got voted on. As an outgrowth it was made a political issue but it never affected one of his campaigns. We went to this idea of having a committee with the Chamber and Evmark involved and an intervener was hired who did have somewhat of an impact. The bottom line is if we must invest the necessary resources to have this problem under control. He has personally encountered this problem when taking his family downtown. Everything Mr. Thomas says is true and this is scary whether you're male or female, adult or child. He's been trying to get a Beat car but does not want the Beat officer to leave the downtown area for 3 hours. The reason he wanted Northwestern University police on Sherman Avenue was because female students were being harassed on Clark and Sherman. You can't have a successful commercial area in the state we now have in the downtown area, this problem is real and is not being exaggerated. He did not know Chicago had this ordinance, he was interested in the sign and asked that a copy of the sign be brought to us because he thought tine sign would be very visible in the restaurants. Currently we don't have anything going on now except we did support the people in the shelter program to reach out to try to deal with some of the mentally ill. When he tried to ask staff to do the ordinance the last time there were members of this Council who thought he was a horrible person without compassion because he wanted our police officers to be able to do something but he could not get through to a majority of the Council from 1993 to 1997. It's different now and he's glad Mr. Thomas brought this up. Alderman Rainey could not understand why this was not made against the law because if the police see a panhandler they can't do anything unless they're blocking the sidewalk or touching or abusing someone. We want to do something about this and can make it against the law simply by amending the City Code and including panhandling as being a violation of some section of the City Code and she's ready to make a motion Page 7. right now to make panhandling a violation of City Code by giving the panhandler a ticket, a $5 fine or some kind of community service fine. Alderman Moran called upon Ms. Brenniman, who gave the committee a brief memo on the City ordinance, to refresh his recollection on one of the problems that occurred the last time when a number of people came forward and objected on legal and constitutional grounds regarding an anti solicitation ordinance. Ms. Brenniman said Alderman Newman was pretty much on point except we actually dfd an ordinance twice in 1991 and 1992 and it died for the reason of resistance to this issue. In 1993 and 1994 we had some problems at the new library and at that point the decision was the need to go with interveners but when we drafted the ordinance in 1991 or 1992 we patterned it after the aggressive panhandring ordinances that had been sustained as far a constitutional challenge on the west coast, what went on in Oregon and California. This is the ordinance she explained in her memo. Chicago has different kinds of ordinances, non -aggressive panhandling ordinances, this is just a plain panhandling ordinance. They included it in their Disorderly Conduct Section and it happens to be the Sub Section half of their numeration of certain things that are classified as disorderly conduct. The language is specifically somewhat knowingly about begging or soliciting funds on a public way other than charitable solicitation being the exception. If it is considered disorderly conduct it would require either an officer for conviction or if there is no officer an individual complaining of being approached in this way. The fine ranges from $5 to $500. She has a call in to the Corporation Counsel's office in Chicago in anticipation of some of your questions tonight to talk to somebody about enforcement which to her knowledge hasn't been challenged. She has not seen anything but that does not mean it hasn't been challenged and is following up on that but has not yet received a call back. Mr. Terry commented it is fair to say that over the past six or seven years homeless court decisions have become more and more supportive of a stronger local discretion. When this was first proposed in 1991 and 1992 it was modeled on a couple of cases that had been successful, but there was an entire body of other court cases that would not support this. Over the past six or seven years there has been a shift in legal decisions towards favoring municipalities ability to regulate this type of behavior much closer. Mr. Thomas said his recollection regarding this ordinance that was passed was on national TV. It was laughable because the way it was read was the City of Evanston, Illinois passed an ordinance saying begging Is prohibited and if you do it there will be a $500 fine. Mr. Terry added that is indicative of way the mood has shifted in that sort of thing was joke on Jay Leno in 1992. He does not think it would be a joke in the year 2000 because so many municipalities have now done that. Alderman Moran said he'd be interested in resurrecting some of those discussions we had in the past and would be very interested in seeing the line of precedent Mr. Terry is referring to. He asked Ms. Brenniman to look into that and would also be interested in hearing the kind of feedback from the Corporation Counsel's office in Chicago. Alderman Newman noted the ordinance referred to by Jay Leno was never passed and it was being said that bringing this ordinance up was an embarrassment to the City. It was attempted to be used as an issue in one of his campaigns. He's still in the same place he was eight years ago on this. Chicago, a city of almost 3,000,000 people has an ordinance, and we're being told the ordinance there has been a success. He doesn't have any problem looking at the constitutionality of that ordinance. Anyone can always take a constitutional viewpoint that arresting somebody for asking for money is inappropriate. Part of the problem with this is there is some very, very aggressive behavior going on. When someone says to you, "I just got out of the penitentiary and I need 51.50", they are very cleverly trying to intimidate somebody into giving them money. This is no joke, he doesn't care how many times Jay Leno puts it on TV nor does he care who politicizes it, its something that drives fear into people walking downtown, causes people not to come to the area. The bottom line is if there is not adequate presence of the police, and he is not trying to pull anybody away from any other Beat. People think he can get exactly what he wants on this Council and that could not be further than the truth, he's been trying to get a Beat officer for additional protection especially between 5:00 and 9:00 p.m. in the months its dark outside when people are walking home from the downtown train, and he can't get enough presence there. That is one of the reasons he supported the Northwestem Police 20 Page S. Council to do something. The last time the City Council did something it was ineffective and the City Council would probably say it was poorly conceived. You cannot do this in the City of Chicago. Today, he went through a 12 block area of the City of Chicagc and did not get hit on once, yet you can't go a block in downtown Evanston without getting hit on 3 times. It has become absurd. He made copies of ti- Chicago ordinances that relate to this and it doesn't seem ro be a terribly dfffcutt thing to vwrite. He's not a lawyer and thinks many City Council members are. The surnmer is coming, its going to get worse, there's going to be mothers with kids and there will be beggars, its rcit good for business. This is Evanston, this isn't Waukegan yet, he does not like the idea that it could be, but this is not a very healthy situation. This is his block and if its not representative he'd be happy to go to some other block where there's going to be a 100% participation, nobody likes or wants this. Its as though we're Laing held captive by these beggars and there's nothing we can do about it, ask the police, its not against the law everything's okay. They know its not okay. what it is is demoralizing. As of this past winter we starting shutting down early during the holiday season because there's nobody downtown. Other stores have also closed early and it's not going to get better. He doesn't want signs in the windows, that was done beFore, it doesn't work. You're not going to educate any Northwestern students that it doesn't help them.. because they think they're doing a good turn giving them money. He doubts any of this committee have a store or work in downtown Evanston because if you did you'd pass that ordinance in a second. He wants an ordinance and is going to push really hard every way he can to get one. Alderman Rainey asked what was the reason the section of the ordinance on Assembling Upon the Street was not amended when the previous Council worked on this issue. Do we view panhandling as being a violation of the City Code? Alderman Newman said the ordinance was original'y considered in 1993 while Alderman Rainey was still on the Council and Alderman Wolin and Alderman Nelson were also on the Counat. At that time he asked the staff for an ordinance and they came up with an ordinance that suggested a $500 fine and that ordinance got hopelessly politicized by certain members of the Council and in a Mayor's campaign. He thought that this sign was a hurdred times more effective than anything we ever did and he totally agrees with everything Mr. Thomas said but he still believes part of the problem is the demand and people know they can make money panhandling You somehow try to kill the demand and encourage people not to give. Regarding the point raised by Mr. Thomas about Evanston being different than Old Orchard, this is a direct result of our own public policy decisions. There are soup kitchens all around the downtown area and everybody on Council likes to vote for soup ktchens downtown. He loves soup kitchens but in his opinion one of the consequences about that is there are at least 60 people eating at these soup kitchens every night, some of these soup kitchens even advertise. The issue of the ordinance got hopelessly politicized and was turned into something where we were being mean spirited and never got voted on. As an outgrowth it was made a political issue but it never affected one a` his campaigns. We went to this idea of having a committee with the Chamber and Evmark involved and an intervener was hired who did have somewhat of an impact. The bottom line is if we must invest the necessary resources to have this problem under control. He has personally encountered this problem when taking his family downtown. Everything Mr. Thomas says is true and this is scary whether you're male or female adult or child. He's been trying to get a Beat car but does not want the Beat officer to leave the downtown area for 3 hours. The reason he wanted Northwestern University police on Sherman Avenue was because female students were being harassed on Clark and Sherman. You can't have a successful commercial area in the state we now have in the downtown area, this problem is real and is not being exaggerated. He- did not know Chicago had this ordinance, he was interested in the sign and asked that a copy of the sign t e brought to us because he thought the sign would be very visible in the restaurants. Currently we don't ha we anything going on now except we did support the people in the shelter program to reach out to try to deal with some of the mentally ill. When he tried to ask staff to do the ordinance the last time there were members of this Council who thought he was a horrible person without compassion because he wanted our police officers to be able to do something but he could not get through to a majority of the Council from 1993 to 1997. It's different now and he's glad Mr. Thomas brought this up. Alderman Rainey could not understand why this was not made against the law because if the police see a panhandler they can't do anything unless they're blocking the sidewalk or touching or abusing someone. We want to do something about this and can make it against the law simply by amending the City Code and including panhandling as being a violation of some section of the City Code and she's ready to make a motion Page 7. right now to make panhandling a violation of City Code by giving the panhandler a ticket. a S5 time or some kind of community service fine. Alderman Moran called upon Ms. Brenniman, who gave the committee a brief memo on the Cirf ordinance, to refresh his recollection on one of the problems that occurred the las, time when a number of people came forward and ob}ected on legal and constitutional grounds regarding an anti solicitation ordinance. Ms Brenniman said Alderman Newman was pretty much on point except -we actually did an ordinance twice in 1991 and 1992 and it died for the reason of resistance to this issue In 1993 and 1994 we had some problems at the new library and at that point the decision was the need to go with interveners bu when we drafted the ordinance in 1991 or 1992 we patterned it after the aggressive panhandling ordinances that had been sustained as far a constitutional challenge on the west coast, what went on in Oregon and California. This is the ordinance she explained in her memo. Chicago has drfferert kinds of ordinances, non -aggressive panhandling ordinances, this is just a plain panhandling ordinance_ They included it in their Disorderly Conduct Section and it happens to be the Sub Section half of their numeration of certain things that are classified as disorderly conduct. The language is specifically somewhae knowingly about begging or soliciting funds on a public way other than charitable solicitation being the exception. If it is considered disorderly conduct it would require either an officer for conviction or if there is no officer an individual corn-plaining of being approached in this way. The fine ranges from S5 to S540. She has a call in to the Corporation Counsel's office in Chicago in anticipation of some of your questions tonight to talk to somebody about enforcement which to her knowledge hasn't been challenged. She has not seen anything but that does not mean it hasn't been challenged and is following up on that but has noc yet received a call back - Mr. Terry commented it is fair to say that over the past six or seven years homeless court decisions have become more and more supportive of a stronger local discretion. When this was first proposed in 1991 and 1992 it was modeled on a couple of cases that had been successful, out there was an entire body of other court cases that would not support this. Over the past six or seven years there has been a shift in legal decisions towards favoring municipalities ability to regulate this type of behavior much closer. Mr. Thomas said his recollection regarding this ordinance that was passed was on national TV. It was laughable because the way it was read was the City of Evanston, Illinois passed an ordinance saying begging is prohibited and if you do it there will be a $500 fine. Mr. Terry added that is indicative of way the mood has shifted in that sort of thing was joke on Jay Leno in 1992. He does not think it would be a joke in the year 2000 because so many municipalities have now done that. Alderman Moran said he'd be interested in resurrecting some of those discussions we had in the past and would be very interested in seeing the line of precedent Mr. Terry is referring to. He asked Ms. Brenniman to look into that and would also be interested in hearing the kind of feedback from the Corporation Counsel's office in Chicago. Alderman Newman noted the ordinance referred to by Jay Leno was never passed and it was being said that bringing this ordinance up was an embarrassment to the City. It was attempted to be used as an issue in one of his campaigns. He's still in the same place he was eight years ago on this. Chicago, a cir/ of almost 3,000,000 people has an ordinance, and we're being told the ordinance there has been a success. He doesn't have any problem looking at the constitutionality of that orc:nance. Anyone can always take a constitutional viewpoint that arresting somebody for asking for money is inappropriate. Part of the problem with this is there is some very, very aggressive behavior going on. When someone says to you. "I just got out of the penitentiary and I need $1.50", they are very cleverly trying tc intimidate somebody into giving them money. This is no joke, he doesn't care how many times Jay Leno puts it on TV nor does he care who politicizes it, its something that drives fear into people walking downtann. causes people not to come to the area. The bottom line is if there is not adequate presence of the police, and he is not trying to pull anybody away from any other Beat. People think he can get exactly what he wants on this Council and that could not be further than the truth, he's been trying to get a Beat officer for additional protection especially between 5:00 and 9:00 p.m. in the months its dark outside when people are walking home from the downtown train, and he can't get enough presence there. That is one of the reasons he supported the Northwester�a Police 20 Page 8. minutes every 2-hours to get somebody there. You can't have a downtown outdoor caft where you can sit and eat with your family and have panhandlers coming up and hassling you. This man's business is terribly threatened. If he can get an ordinance put through and there is nobody to enforce it, it's of no use, there has to be presence to back it up. To have successful businesses in this community on Howard Street, on Sherman Avenue, or anywhere, you have to have adequate police protection to make sure these things are enforced. We may be spending a lot of time discussing this but this is a very serious problem in the downtown area. He appreciates Mr. Thomas coming in to express his views. Alderman Newman asked ktr. Sproul if this is a problem on Main Street. Mr. Sproul said it is not a problem on Main Street, it used to be but their situation is local and different. 1t used to be very serious with the aggressive Albany House residents panhandling but that was stopped. Albany House has taken the situation in hand and those folks are no longer on the Main Street area. Alderman Rainev moved fn direct staff to draw uo an nrdinance modeled after the Chicago ordinance and brine it back to the committee to take the first step. Alderman Moran pointed out a reference made in Ms. Brenniman's memo stating there is now a section in the City Code, Section 7-2-12-1, which prohibits an individual or persons from assembling upon any street, alley or sidewalk in such a manner so as to obstruct or interfere with the free passage of vehicles or individuals, or in any manner as to harass or intimidate any person seeking to use said public street, alley or sidewalk, is guilty of disorderly conduct under our local ordinance. Ms. Brenniman said they would be guilty of obstructing the sidewalk, it would not be panhandling per se. Alderman Moran recalled in the past there had been discussions where the police department had taken the position if someone was intimidating or harassing someone, including asking for money, they were subject to arrest under that ordinance. Ms. Brenniman believed that to be correct, but under the ordinance as it is currently written it would have to be a harass report for obstructing. Alderman Moran said the point he was trying to make is if people harass or intimidate people on a public way now in Evanston on streets, sidewalks or alleys, they are currently subject to arrest under the Evanston Municipal Code. Mr. Thomas said if you're walking home at 10:30 p.m. and somebody steps out of a doorway and asks for money, have they made an overt threat, no, but its implicit and what they're doing is okay to do. He does not want it to be okay. Alderman Moran wanted to clarify there is nothing in the Municipal Code that could address the situation if someone tries to harass or intimidate. He wants people to know that according to the language of the ordinance they are subject to arrest. Alderman Newman noted in 1991 and 1992 Chief Jacobi supported an additional toot to what was already in the code, this language can mean just about anything. As Mr. Thomas said police officers did not know they could do anything about it. The reason Chicago passed its ordinance is they made an explicit statement to address a problem they have, a problem we also have. If we think the current City Code is an adequate tool and this is an adequate tool to get a Judge in the Second Municipal to know what our problem is, he thinks we're kidding ourselves and does not know what the reasoning is behind this. He would like to have the most effective ordinance we can to address the problem and the appropriate reinforcement. Alderman Newman asked Chief Kaminski if he considers the present law on the books to be adequate in order to do the kind of job Mr. Thomas is requesting or does he think an additional tool would be helpful. Chief Kaminski responded he thought an additional tool would be helpful. We've used the current ordinance many times when we have gang members blocking the sidewalk Judges look at those kinds of arrests and question whether we are actually within the perameters of the law and have had several of those cases thrown out of court and the officers have been reprimanded by the Judge for making these types of arrests. As long as everyone is on the same page from citizens through people at District 2, then this enforcement strategy will work. If everyone is not on the same page this can be very difficult because the officers get the raw end of the deal when they're before the Judge and being questioned why they're making these types of arrests. Page 9. Mr. Sproul said there are many things the police can do that used to be done, perhaps when there was more staffing. They had a foot patrolman, Frank Konklin, in their area at the time when this problem was very bad in their neighborhood. This officer made it his business to find out everything about who these people were. At the time there were about 15 people working the Main Street area. The officer got together with the; Merchant's Association and told us about each one of these people. He recalls a particular incident when a young person was attempting to give a certain beggar some money and he introduced this young man to the panhandler who has his own apartment in Chicago, drives up here every day in his own car to go work doing what he's doing now, he lives on Social Security, and is probably better off than most of us. The young man backed off and Mr. Sproul never again saw; this panhandler in the neighborhood. Mr. Sproul agreed with Alderman Newman whether or not there is an ordinance you have to have police around as they can do much more than just arresting people. Alderman Newman said we heard from professional staff that the current language in the ordinance is not enough and he would be interested in hearing what the experience has been with the Judges in Chicago and the Chicago Counsel's Corporation office in terms of that. He asked for a copy of this sign because he was unaware they had this sign and very much appreciates all the time put in by Ms. Brenniman and Mr. Terry and their memos. He would never say the signs are enough and thinks there is an educational component to this if we did pass an ordinance this sign is effective. It says what people ought to do, it's a public policy statement we try to make with the interveners, its definitely noticeable, and something in addition to the ordinance. He would like to move this along for consideration and is interested in all the input on experiences of other communities. Alderman Newman thought a copy of tonight's minutes should be sent to the presiding Judge in the Second Municipal District Court and ask the Judge to distribute them to every Judge in the district to let them know how this is effecting our downtown and that this is very serious throughout the City. We should move to consider an ordinance at the suggestion of Mr. Thomas that mirrors Chicago. Alderman Rainey said she made this motion earlier, but it did not have a second. Alderman Newman seconded the motion made by Alderman Ralnev. Alderman Rainey agreed completely with Mr. Sproul about the foot patrol officer, there was nothing like having afoot patrol officer. Every foot patrol officer she knew was great, they knew everybody's name, their business, where certain people hid drugs, where guns were, etc. There was a real camaraderie on the street, they saw Code violations that could not be seen from a car. This was when the cooperation between the police department, Property Standards, and the Health Department was created and was a wonderful thing. Alderman Rainey asked Ms. Brenniman if she is familiar with any community that has made giving to a panhandler illegal and was told by Ms. Brenniman she did not know of any. Alderman Rainey said imposing a significant fine on people giving to panhandlers could be very interesting. Alderman Moran asked if Alderman Rainey wanted to include that in the ordinance. Alderman Rainey commented one of the greatest ways to eliminate panhandling in addition to making it illegal and arresting them is to make their source of revenue disappear then you will surely make the panhandler disappear. Alderman Moran noted the committee is requiring additional information and wants to have a proposed ordinance modeled on the Chicago ordinance. Alderman Newman asked that Alderman Rainey's kind of creativity not be brought to the issue. The motivation is very well intended but unfortunately people, for whatever political reason imaginable, will be abusive. What he experienced the last time was the purposeful politicization of this issue to cause trouble in his Ward and will happen again because there are people who try to make this City Council be reflected in a certain way in the community. He would suggest, at this point in time, that type of creativity is not needed. He asked Chief Kaminski to tell Alderman Rainey what the size of the foot patrol Beat downtown is. Aldennan Rainey said she knows that but where they walk they couldn't have been more effective to which everybody agreed. Mr. Thomas said it's a wonderful idea but the fact is it wouldn't do any good for anybody because the people would say they were paying back a loan or they owed the money to the panhandler. Mr. Terry said another difference between the downtown area and Main Street for those who have studied this issue for a long time is it is generally accepted that the single greatest body of contributors to panhandlers are Northwestern students. Evmark staff has consistently reported that all attempts to educate that population Page 10. by going on campus every ),ear to talk to the incoming freshmen to have an impact of this ;z,3;Jtation have been unsuccessful. Alderman Moran recalled the motion to receive frgtn staff comma is repardinn oth-sr municipality experience. to aet the leaal analvsis of what transpired in the past in_ relation to aggressive panhandling, collect information from the City of Chicano Counsel's Corporation e:"^r-e re. ardin legal challenaes, effectiveness, and enforcement of the ordinance, Ms. Bronnirun has been requested to brina back a draft proposed ordinance that will be predicated_ upon: the Chicago ordinance as seen here. Alderman Newman added to have the signage distributed and receive comment from the Chamber of Commerce, Evmark, the Police Department. and have n. is signage or some form of slanaae be a comoanlon with the item and have the committee consider ill. as part of the the motion. Alderman Moran commented in relation to the signage it was predicated on our signage_ except to the reference to the ordinance and thought our signage was better than this. Alderman Rainey did not want to see these big signs allover as it just screeches the problem and would rather see decals. A derman Moran thought Alderman Newman wanted everyone to see the signs regardless of the size, and then come back to us with comments on it. Alderman Moran called for a vote on the motion. The motion unanimousiv passed, 13-01. Alderman Newman inquired regarding the minutes of this meeting to be sent to the Judge. A;iderman Moran brought up what Chief Kaminski said about there being some serious enforcement problems as our ordinance now exists which he considers to be this side of what is being proposed. He has concerns abut sending the minutes to the judiciary at the Second District at least until this committee makes up its mind about what they are going to do. There is no ordinance yet and he doubts the Judge will give an opinier. about pending legislation. We should at least develop some policy position on this before things are sent to 4600 Old Orchard Road for was judiciary commentary. Alderman Newman said in his experience par: of our problem dealing with the Second District Court he thought was the Judges there are very well intended when you compare a disorderly conduct or illegal panhandling to armed robbery, murder, or residenba° burglary, these are the types of cases that sometimes get lost in the shuffle. We have to educate the Judge's in this district to what's happening in our downtown. He asked if having the Judges educated in the poir%s made by Mr. Thomas about the businesses and all the merchants that signed the petitions would help sensitize some of those Judges to the problem we're having here. Chief Kaminski said he mentioned this to Judge Sally Gerant. She's been having a series of meetings and asked what feedback we could give I-er which is one of his concerns because a lot of times the Judges are not familiar with the community and the ordinances we're sending there. Once we get the volume of cases that may be going out there we can jet her know the covenant she has asked for so she can present that. Alderman Moran said he is sure ti-e Chief is a fine delegate for this. Alderman Newman agreed he is great, but we can always do more. VII. CONSIDERATION OF THE CONTINUUM OF CARE FOR THE HOMELESS Alderman Rainey commented the CD Committee has been dealing with the total rejection of thee Consolidated Plan and it looks as though we also got a low score on this which is just about the minimum sire for funding. She thought the demands being made on the CD Committee are quite outrageous. Mr. Terry said it is not just the CD Committee, between producing a Continuum of Care, monitoring and what has amounted to the total rewrite from the Consolidated flan, has probably involved anywhere from nine to ten City staff and hundreds of hours. Some of us have felt we have been working for HUD for the last three or tour weeks. The concerns with both documents fall into a couple of categories, one is technical items in terms of giving back to HUD what they are looking for. Quite often the key to being successful with HUD is parroLng back to them in their language and for the Continuum of Care they list any number of categories on every little portion of the application. For example, the Continuum of Care guidelines specify about twenty different categories of people who need to be on that Task Force and we've not been successful having any emplcyee of the State of Illinois sit on that Task Force, that's essentially out of our control, but a point gets deducted for things like PaQL 11. that. There have been a lot of technical nit picky things. Also, there has been somewhat of a disconnect, both documents have been cited for not having an overall strategy on some bid issues such as low income housing. In the Continuum of Care there is concern that Evanston has a very good system of street outreach. shelter, and social services, but we have net expressed nor submitted any funding applications for the past few years for transitional and permanent housing. There has been an understandable reluctance on the community's part to commit to building permanent housing for everybody who spends any period of time at the shelter. Our position has been that's a regional issue and we need some regional approaches to that. HUD program staff, both in Washington, D.C., and the Chicago Regional office don't necessanly ber/ into that, they feel a community has to have a self contained Continuum of Care and should have strategies in place to put as much transitional and permanent horsing as you have numbers coming into your system on the front end. That's a very difficult issue for us to locally reconcile. The same is true of the Consolidated Plan where we've been criticized as HUD would like to see comprehensive strategies_ His feeling is HUD is truly an agency where the Secretary has had a major impact, Andrew Coumo is extremely progressive, comes from not- for -profit housing low income populatiors and his philosophies permeated dawn to the regional level and a lot of the mid level staff in Washington looking for each municipality or jurisdiction to have very comprehensive housing policies for all sorts cf populations. if you do not have a specific program that is going to house any category you might pick you get deductions in the HUD scoring system. Alderman Rainey noted there is nothing that says we have to comply or have to have this Continuum of Care if we don't want that money. Mr. Terry said we could make a decision that we're not going to do a Continuum of Care and the $600,000 to $900,000 they set aside could be distributed to other communities in the country. Alderman Rainey commented what is distributed to this community it is also distributed to other agencies outside the City and is not money the City spends on services, to which Mr. Terry said that is correct. Alderman Newman said he has a lot of respect for Secretary Coumo but cannot see how anyone can say we're deficient in housing. He found out through some Section 8 meetings our community, in terms of Cook County, has roughly 10% of the Section 8 certificates that are left in Cook County In Evanston. We are definitely making a huge contribution in terms of our housing and trying to deal with people in need. In addition to that if you compared us to other communities of our size in terms of certain types of housing procedures for all types of populations he would like to find other communities comparable to us who are getting CD funds and are scoring high, not counting the City of Chicago and what plans they are implementing in the state of Illinois. He does not know who else around us gets CD funds in terms of what we're trying to do here, who besides us has a shelter. He agrees with our regional position but is trying to get a sense of when somebody makes a statement we're not doing enough in the housing area do they know how our participation in one of their programs compares to other communities. It seems as though we're taking things out of context. Mr. Terry remarked, in an example of the Consolidated Plan ours was not the only Consolidated Plan to get rejected. Lake County was also rejected. We're in a very unique position in both the Continuum of Care and the Consolidated Plan because most counties producing that have a much larger geographic areas and can work out both numbers and plans more in keeping with HUD. We have a much smaller geographic area and we have a number of different boards, commissions and committees that have some hand in the housing pie and they've not always been woven together into a comprehensive plan. At a certain point this is something staff will wish to address with the Council. For the most part the Consolidated Plan has been the province of the CD Committee. His department staff and the review of the Humans Services Committee is easily 40- 50% of the Consolidated Plan. We have to go back and work with the Council in terms of a much more comprehensive overview because part of it is the Housing Commission, the Human Relations Commission, Commission on Aging, Mental Health Board, Human Services, P & D, and CD. HUD is looking for the Consolidated Plan to be a municipality's central planning document for all its housing and development programs. Frankly, we have never seen it that way, we have seen it as a vehicle to access CD money, Home money, and ESG money. Alderman Rainey thought the two documents should be kept separate. There is so much of our staff work that goes into the Continuum of Care there could easily be a decision made that we do not want to do this Page l?_ because some of the very things people complain attaut in this community is the resun of, giett rig this money. That is just an observation, she's not saying we don't want or need this money, she's rlerel�y making that statement. On the other hand, about the ConsoWated Plan, when %%v say we have 10% of Section 8 certificate holders from the County living in Evanston that's a vtvry private relationsh),p with owners of apartment buildings and those individuals who get that certificate. We Flay no role in n eking :hat happen, however, on the other hand we do spend a lot of money in rehab rn Wng housing aff;:�r-d.- b;le for people to live in and received a very important award from Secretary Coumo, that was personalty handed .o us, for the housing we did on Clyde. For years she thought we had been in a rut ►pith our CD money. paying for people's windows, day care center roofs, and things such as that. While those are important things they take away from making contributions to affordable housing. Alderman Newman agreed with Alderman Rainey on windows and things of that sort. We have an aggressive open housing policy to get people here and over the years have aggressively gone after larwilor>ks and realtors and invested money and time. As a result of our being successful in making the effort to have an open housing policy in this town is why we have 900 certificates. On this behalf we've integrated our police force and stand highly for having a diverse community which is why people choose our commur4y something other communities have not done. As far as doing this particular program at this particular time, it is very clear to see that in his Ward there is low, low income housing. Sometimes his Ward gets described in a way that is not totally accurate. Right now this building that Interfaith Housing wants to get in is a very transient building and fortunately has been well managed. He's relying on the information that Interfaith Housing has been very successful down south and would like to see them be able to get the money to make the improvements and for the long term do a good job of managing the 319 Dempster Building, as he believes they veil[ do. if they didn't do a good job managing that building there would be a mini revolt taking place there as on both sides of that building are single family residences with small children. it is incr&dible to his Ward that this building be well managed as it is a place for low-income people to be able to live in Evanston. He wants to see this succeed if they're going for money to make things happen for some people as long we know these people being helped will never end up loitering on the street he wants to be supportive of that effort. If that means we have to pass the Continuum of Care to stay in this program he is supportive of that. Alderman Rainey asked if the Continuum of Care is in the final form for approval. Mr. Tent' said it is in approval form and needs to be approved by the end of the month. Alderman Moran moved approval of the Continuum of Care. seconded by Alderman Rainev. Alderman Rainey asked Richard Koenig, of Interfaith Housing Development Corp., to tell the committee something about the costs of this project and the size of the units. There has literally been a lot of bashing on some of the work being done in the community. It is being said that we are displacing people and the units are really not affordable. She thinks the very case in point is in what it costs to bang a deteriorated product up to decent housing standards. Mr. Koenig said right now it is currently set up as individual rooms. Each room is approximately an average of 12X16 and contains a bed, dresser and sink. There are kitchens on the first and third floors and a bathroom down the middle of the floor on each floor. We're looking to completely rehabilitate the interior so each unit will have its own separate bathroom and separate kitchen for people to have privacy and not have to go to a shared facility. The per unit costs are fairly low for what is typically seen as affordable housing. We were able to get a decent purchase price on the building and have discussed the rehabilitation with two or three contractors as well as an architect who estimated it would take about $2,000.000 to completely rehabilitate the interior to include putting in new electrical wiring, new plumbing, adding kitchen space, sometimes removing some walls, making two units by taking the wall out of the middle and placing a bathroom and kitchen in that interior space for people to have their own private facilities. We are looking to do an extensive job on the rehab to make it quality housing. Alderman Rainey asked what is the square footage of each unit, if they are all approximately the same size, and what are you projecting as the cost of each unit. Mr. Koenig they are all approximately the same size and the square footage of each unit is 300 square feet, with a projected cost of $80.000 per unit, and would include the acquisition in the area which is considered a reasonable cost for that neighborhood as well as the Page 13. interior. Alderman Rainey asked Mr. Koenig if he would concur with her that a four bedroom, two bath, 1400 to 1600 square foot condominium for $50,000 to $65.000 is a goad buy, which are the units that wilt be trashed for pricing out of the moderate income market. Mr. Koenig said if we could get our hands on buildings such as that to make into affordable units that would be a most worthy project. Another thing they will be adding to this building is an elevator and some handicapped units for individuals who need that type of facility as there is no limit to the need of these types of affordable units. Alderman Rainey thought the project being done is very badly needed and will be utilized by people who are in great need of this type of housing. Alderman Newman said this particular building is an extraordinarily valuable piece of property and over the years the zoning has been controversial as there are extremely expensive multi family buildings across the street. The issue of this building at 319 Dempster, in recent years has been well managed considering the fad that this had been such a transient building. A desire of the people in the neighborhood has been for this building not to be so transient and to have stable, excellent management. One of his questions to Mr. Koenig was how long they are going to be involved as he has been representing to people in his Ward that there is another Alderman on the Council who has a tremendous amount of faith in their ability to manage property and because of that Alderman's experience in that area feels we can have confidence that this building is going to be well managed. Alderman Rainey commented Interfaith Housing Development Corp. has done a good job managing in what they've made Into a wonderful building in a very problematic neighborhood. They have a great advantage in Alderman Newman's neighborhood because it is such a quiet, calm, peaceful neighborhood, and they should do well there. Alderman Newman agreed as the compared to some other Wards the 1g Ward has a very significant percentage of truly late income housing, Noyes Court, 1900 Sherman, right across the street Greenwood Care that used to be in the 1 a Ward but is now in the a Ward. He is excited that this property is going to be very well managed and hopes you will be there a long time and will make this a success. Mr. Koenig said they have been around for a number of years and Interfaith Housing Development Corporation takes pride in their buildings. He was specifically brought on to try to do some more development and create affordable housing opportunties throughout the northern suburbs. They are definitely looking in other suburbs besides Evanston. They're looking to do projects in Highland Park, Morton Grove, Northbrook, and several other municipalities. They have several years of management experience and have been managing a building other than the one on Brummel that was done twa years ago and have very successfully managed those buildings for fifteen years. They greatly appreciate the support of Alderman Rainey and promise to do everything in their power to make you and the rest of the Council happy with this building. Alderman Newman said he would like to see them manage a lot of buildings in the 8" Ward but has no idea how this building was selected. Mr. Terry wanted to amplify his explanation to Alderman Raine4;'s indication for a desire to keep the Consolidated Plan and Continuum of Care discussions somewhat separate. She also asked if we technically did not have to apply for these funds under the Continuum of Care. That is technically correct but the current problem is so much of the Consolidated Plan is devoted to serving the homeless the language is essentially the same of both documents. Last year HUD staff indicated to us if we decided not to apply under Continuum of Care it would raise questions in their minds as to our commitment under the Consolidated Plan to serve the homeless and would raise questions in terms of our commitment in the Consolidated Plan. In a very narrow sense we could say we don't want the money but he could not say what the implications of that would be down the road. Alderman Newman wanted to thank everyone for all their efforts in the Entry Program and due to you're getting into those vestibules and dealing with that situation is getting a lot less calls regarding that He believes he spoke with you about getting some type of report in terms what your contacts are in the dcvmtovrn area and would like to know your perspectives on the panhandling situation and what interaction you have there. Page 14. tali! Sunblad, Director of Connections and Margaret Norton, Director, of Entry Point of Connections k%roduced themselves to the committee. Ms. Norton said in terms of the panhandling Entry Pant staff perss:ently tries to get them to move or link up to services but these Are arrogant people who are not interested in getting a meal at the shelter or using the shower facilities or doing their laundry, These are people who a-e mostly housed and this is how they make a living. They're not willing to move for police :and we have developed some relationships with them and ask them to move along but because they're makng good money refuse to do so. There's not a lot we can do. It would be beneath them to �=ie to the shelter or the soup kitchen, they go out to eat or order a pizza. They are very different from the homeless people. If any of the shelter residents panhandle they immediately get kicked out and are well aware that we don't tolerate that You might see the kind of consistent presence in the downtown area tha: could be considered a nuisance could be some of the chronic mentally ill people from fountain square and rue do everything that we can to like them to services, lunch, showers, laundry, getting them in to see the psychiatrist. Some of the people are medicated and are not interested in making changes nor open to getting assistance. Alderman Newman said part of his problem is not getting information, not only from you but from our own staff. There are things going on downtown that we should be made aware of. We've had this program for a couple of years and members of the Council need to be educated by our staff as to what is actually going an in that area, otherwise we are not in a position to respond nor do we know how to respond. Mr. Thomas came here to ask for an ordinance, but you're saying you have to kill the demand because people are making money which means people are regularly giving to them. Alderman Newman asked if, as professionals, they find it intimidating to deal with these panhandlers, and was told the find that panhandlers put a lot of pressure on people. Alderman Newman said we obtained this money for Entri Point and were hopeful some of these people doing the panhandling would be enticed into a good high quality social service program to deal with some of their housing or job needs he knows you have at the shelter_ Obviously, we're not going to solve this with Entry Point. You've helped out in the vestibules which was a very serious problem and would again like to say how much he appreciated your good work on that. He is trying to figure out what we should be doing to alleviate this situation and assumes you have also been thinking about this. Ms. Norton thought Mr. Thomas has a good idea and they would support a stronger ordinance. At Entry Point they serve two constituents, one being the homeless, the other the community. We take the concems of merchants, residents, police, and the library, extremely seriously. Alderman Newman thought it would be very helpful to get input from the experts in the homeless area, especially Entry Point since you're out in the streets, to make and give some specific recommendations as to how you would see attacking each of these problems in that area_ Something should have been done about this before and he wishes he wasn't diverted and has been trying to work on getting more presence downtown which is why he did the 20 minute thing on the Northwestern police on Sherman Avenue and Clark Street. He asked if they have seen the Northwestern police there since this was initiated two months ago. Ms. Norton sa.: most of her time is spent in the office she's not an outreach specialist. Alderman Newman asked if they would please give their recommendations as he would like to get something done and needs their help and appreciates their presence this evening. Alderman Rainey wondered if they could also give the committee a profile because what you describe is definitely not your clients. However, what Mr. Thomas is seeing is homeless people begging downtown which is what the common observation is about these people, the homers people of Evanston are downtown panhandling and this is giving your program a bad name. Ms. Norte said that is not their clients because if would kick them out. When the educational program about anti -panhandling was done here a few years a big distinction was made that panhandlers are not homeless, they usually use the money they receive for drugs or alcohol. Alderman Rainey said perhaps people have to be reminded about this. Ms. Norton said they would be happy to write something up and share their experiences with this committee. Mr. Sproul thought it would be helpful if that would also be publicized with the Chamber. His feeling is there are a lot of business people who equate homeless, panhandling, aggressive behavior, as all the same. If we're going to solve these problems some distinctions will have to be made and he is sure you could have some exposure to the business community as well. Page 15. Ms. Norton did not know if people were aware that there are Panhandling Tnsk Force meetings that take place one a month at Chief Kaminski's office. Alderman Newman said he is aware of these these meetings but they take place during the middle of the day when he is tunable to attend He has heard reports and occasionally receives a letter and was a bit concerned to see the perception as being down Right now his perception from the past few months is it is not down but he would like it see Lt down more Alderman Rainey sad it is not down it is up regardless of statistics, its up. Alderman Newman said he would like to hear what the Entry Point experiences are for the people in the street, what you think you've accomplished, in addition to separately seeing your recommendations based on your observations on the issue of panhandling. As part of this process he would like to see this information distributed to Council. The more he knows about the successes of your program, which is in his neightorhood and Ward, the more he is able to share with his constituents. He is always in communication with Ks constituents and wants to get the word out about what we're doing to respond and give you the appropriate credit which he cannot do unless he knaves about it. Alderman Rainey would like to make a testimonial about these services. There were a couple of homeless gentlemen at the south end of town, on the corner of Howard and Ridge, who had a most unbelievable contraption put together about five and a half feet high, and they moved into a bus shelter at the comer of Howard and Western on the Chicago side. This shelter became their apartment. No single issue, including the Howard Street Reconstruction Project which has virtually closed down Howard Street, resulted in so many calls to her house in such a short period of time. She called the shelter and said she knew about the group that goes around and resolves these immediate homeless issues and was given the 1-800 number for Entry Point. This took place on a Saturday aftemoon at 3 or 4 o'clock, she called and left a message and received a call back within minutes. The problem was solved and these men disappeared. It was very comforting to have such an experience with an agency we fund that came out so quickly and took care of the situation. She, as well as all the neighbors, very much appreciates the prompt attention and solving of this problem. Alderman Newman remarked one of the reasons he repeatedly voted in favor of this Continuum of Care is because of the Entry Point Program is thrilled it is going to be renewed and will come out of this category of funds. He is also delighted that Interfaith Housing is going to rehab the building in the 11 Ward. He would think through this discussion we have answered why we need to keep applying for this funding. Money is very tight and looking at the amount of housing we have for a special population it seems on a per capita basis we're doing very well. In his opinion perhaps we are not planning for enough new housing but we're trying to manage the housing we have. He appreciates being able to have this discussion. Alderman Moran called for a vote on the motion for consideration of the Continuum of Care, motion unanimously sassed, (3-0). Mr. Terry wished to acknowledge and thank three people for their great contributions to both of these documents. Harvey Saver has done a great deal of work on both the Continuum of Care and the Consolidated Plan and some of the work of the Mental Health Board has not been done during the last few weeks due to this. This year he has been extremely fortunate to have a University of Chicago student with incredible talents and abilities, Paul Singh, who had has written a great deal of both of the documents and has provided yeoman service on both documents. Claire McCarthy Peterson has done a much greater level of service than a typical community volunteer in p0ing together the Task Force and getting the Continuum of Care document done as well. This has been a team effort but Mr. Peterson and Mr. Singh made it happen. On behalf of the Human Services Committee, Alderman Moran voiced the committee's thanks and appreciation to Ms. McCarthy Peterson, Mr. Saver. and Mr. Singh for their outstanding service. VIII. CONSIDERATION OF TOWNSHIP APRIL 2000 MONTHLY BILLS Alderman Moran called for any questions or concerns regarding the Township April 2000 monthly tills. Not hearing any questions a motion of approval was called for. Alderman Newman moved for approval, seconded by Alderman Rainev. Motion unanimously approved, f3-01. Page 16. IX. CONSIDERATION OFA SPECIAL COMMITTEE MEETING FOR A TOWNSHIP BUDGET REVIEW SESSION Mr. Terry noted our options for a meeting are quite limited and something is needed for consider ion by the Council for the Council's first meeting in June. This special Human Services Committee meeting is to be attended by Supervisor Payne, Mr. Hilliard, Ms_ Eckersol, Mr. Hill, Mr. Stafford. Alderman Rainey requested, before going into this budget, some very good documentation regarding some of the programs being run. She is very concerned that despite their efforts of providing information she does not understand how these various programs are run, whose working in them, who is being served by them, what programs are employees working at, for example a class schedule, etc. etc. Alderman Moran said he had similar interests and the development of some basic data and specifics in relation to the programs, number of people served, frequency of visits, etc. Alderman Rainey said that was important to know but wanted to see what the substance is, what are we doing, what are the accompfishments and the results. Alderman Newman thought there has to be an explanation why our case load has gone down over the last seven years and does not know if that could be attributed to some of the programs we're doing. His greater interest is in how much money do we have and ho%v money does the Township staff want to spend_ He would like to have a clear memorandum of some of the issues that come up at the Council as to what is the authority of the Trustees, what is the authority of the Township Supervisor, what our budget position is visa vi whatever is remaining in the fund we have been drawing down whether it be the Town Fend or whatever, and a description of the budget situation we have. If what the members of the Council heard before is true, decisions will be potentially be very controversial and it would be unfortunate to have to reinvent that here and not have the rest of the Council understand A. He would like to let people know if they're interested in leaming about the Township they should attend this special meeting. Alderman Rainey brought up a bill this month on the April bills list for the Township lawyer, Mr. Pelini, and asked if it there is a case or an issue being dealt with for the ToMmship. Mr. Terry said he knows Mr. Pelini provides ongoing consultation and is on a retainer. Alderman Rainey said it might be a retainer fee but she would like an explanation of that amount. The committee decided to meet on May 15°1 from 6:00 to 7:30 p.m. prior to the A & P W meeting. It was also decided to meet on Wednesday, May 31'0 at 6:30 p.m. Alderman Newman asked for clarification when the Township's budget has to be introduced and when it has to be approved. Mr. Terry said we use an ordinance to pass the Township budget but you could introduce and suspend the rules to approve it at the second Council meeting if you wanted to do that. Alderman Newman said depending on what is in this there might not be nine people to suspend the rules. Therefore, if Council's first meeting is June 12°h it will be the expectation to try to vote on this by the June 26 h meeting. He would like to emphasize having other members of the Council attending the May 15" meeting to be involved in this discussion. Alderman Moran requested the notice of the May 151" meeting be sent to the entire Council with an additional statement about the importance of attending this meeting. Alderman Rainey added the notice of the importance of this meeting should be on the A & P W Committee memo as well as the Human Services Committee memo to make sure everyone reads it. Also, if we want the meeting of the 15' to be productive we have to say who we'd like to attend and the issues we'd like them to deal with to make sure the Township will be in attendance as she does not want to have a meeting without them. Mr. Terry said they have been following up with him on the budget meetings and will be in attendance. Alderman Newman said at tt--s initial meeting there needs to be definitive staff opinions, as he does not know if there will be contrary, disagreeing, legal opinions from the Township. We need to know from our Corporation Counsel's office what we have the authority to do to solve the question Alderman Drummer keeps bringing up about the authority of the Supervisor on the grant, whether or not we will need a referendum to deal with tax caps. We need those issues framed by the 30' of June to have an understanding of what we want to do. His concern is there will be some disagreement. Alderman Rainey remarked our questions have to be asked in advanced to which Mr. Terry responded he has a list that he will work out with Ms. Brenniman. Alderman Newman did not see any of this happening without subsarntial cuts. Pale 17_ Mr. Terry noted the $400,000 listed as a revenue item in that budget without any source of revenue tied to it, makes for a built in 5400,000 problem. Alderman Newman asked if we know what that anticipated source is to which Mr. Terry responded, no they just put that in and felt it was up to the Trustees to find That source of money. Alderman Newman noted then their initial recommendation is don't art any of the pmgrarns but find $400,000 in new funding. Has there been discussion about what our possible sources would be for that $400,000. Mr. Terry said we can't identify anything short of a tax increase and the only way the tax increase is possible is through a referendum. Alderman Newman said then the initial position is tax raps trump whatever authority it is thought the Supervisor has. Mr. Tent' believed that is Mr. Hill's initial posit cin, because tax caps still provide you with an avenue to get around it, is it would be up to us to explore that avenue, that avenue being a referendum. Alderman Newman said that is not to get around but that is the procedure. Mr. Terry noted the other thing is their spending at this higher level as of April 1" and the shortfall, is probably greater at this point. Alderman Newman asked why we pass this by the 30"' of June to which Mr. Terry explained they are a form of government that is allowed to operate into the first quarter of their fiscal year and we have gotten into the habit of not passing it until June. X. ENVIRONMENT BOARD RESPONSE TO LEAF BLOWER QUESTIONS Alderman Moran expressed approval of the letter received by the committee and in his opinion having a business license is our hammer on this. Alderman Rainey asked how many will come in to get ti^Aeir business. Alterman Moran thought when there is a truck with a name on it the first call should be to the business license department and the next time they come around if they haven't applied for a business license somebody should be sent to escort them to the City limits. Alderman Newman asked this letter be sent to Mr. Fred Wittenberg and would like to hear his opinion of this. XI. PENDING REFERENCE COMMENTS Alderman Newman appreciated the references on the Human Services agenda but thought the reference of 'Murals on Viaducts" is being resolved as there is a lot of progress going on. The Public Art Committee is getting involved with this and we are going to get a mural at Talmadge Park and the El viaduct, but he thinks everyone on the Council needs to know what these mural procedures should be and is what he is looking for on the reference. Alderman Moran thought this should be worked out away from the Council and the Human Services Committee because that is the kind of thing people should find a common ground on. Alderman Newman said he just wanted to be able to tell people in his Ward, who asked about murals, what the procedure is as obviously whatever we had before did not work very well. Xli. ADJOURMENT The meeting was unanimously adjourned at 10:55 p.m. Respectfully submitted, Audrey Trots , Department of He and Human Services Page 18. DRAFT • NOT APPROVED CITY COUNCIL HUMAN SERVICES COMMITTEE Monday, May 15. 2000 Civic Canter - Room 2402 6,-00 P.M. MEMBERS PRESENT: Aldermen Feru-nan. Moran, Rainey and Newrran MEMBERS ABSENT: Aldermen Ker., STAFF PRESENT: Roger Crum, Herb Hill, Bill Stafford. Kathy Brerniman, Mary Mcrris, Pat Cose�j. Maureen Barry, Mark Franz, Harvey Saver, Paul Singh, Jay Terry, Au*v-1 Trotsky OTHERS PRESENT: Mayor Morton, Alderman Bernstein, Betty Payne, Sylvester Hiffiard, Sharon Eckersall PRESIDING: Alderman Moran 1. CALL TO ORDER Alderman Moran called the meeting to order at 6:16 p.m. He announced this was a special meeting to deal with the Evanston Township Budget and was principally designed to be an informational meeting. II. TOWNSHIP SUPERVISOR BUDGET OVERVIEW Ms. Payne did not have much to say other than she felt the budget has been reduced by at least $150.000 from what it was last year and was cut back to the point where they need to be funded in the amount requested if they are going to operate a program. She was open to answering whatever questions the committee may have. Alderman Moran thought there would be questions but at this time wanted to work through the variaus presentations and come back to the questions. III. FINANCE DIRECTOR REPORT ON TOWNSHIP FINANCIAL STATUS Bill Stafford, City Finance Director, stated he was requested to look at the Township books and fnarmciat situation and wanted to take this opportunity to thank and express his appreciation to the Township staff for the wonderful cooperation afforded him when going through their books. He would like to say it is good, but as the situation stands it is not. As discussed previously the Township has t.&*o issues, the budget issue and a cash flow issue. Early this fall, the City loaned the Township $200,000 to assist getting over their cash fi w situation. That amount was repaid. The Township was again assisted with S200,000 in January of this year for their February expenses, of which $100,000 has been repaid. Two analyses were included in the committee packets, a cash flow analysis on the next twelve months and a prcjection of the next three years His three-year projection is very similar to the one done by the Township and tfhe twelve-month cash flow was shown to Township staff Valerie Wideman, Township Accounting Manager, wino concurred that the numbers were within reason. The problem that exists is the Township will not be able to repay the City loan of S100,000 as that money will needed in the next six months for their cash flow. The To-wnship will also need from some other source another $100,000 in each of the months of July, August, and September to be able to maintain operations at the current budgeted level. Based on his projections for the entre year, by the end of the year if the current budget which is not on the table is maintained the as of the erd of March 2001. the Township Page 1. will be $500,000 in debt. This will occur for two reasons, one, there is a budget issue and a gap in terms of revenues and expenditures against 53GO,000, and two, there is a cash flow problem and they are rapidly running our of money. From a budget point of view the proposed budget is $275,000 in deficit. Ms. Payne is correct in saying it, is not much different than prior budgets the problem is there currently is no cash balance which in prior years filled the S200,000 to S300,000 deficit. There are no cash balances left to fill that in. In looking at the projection for the next three-year there will be a S275,000 to $300.000 debt or a deficit budget for each of those three years. If those deficits are allowed to accumulate for four years the Township would have a deficit of $1,200.000. There are two simple financial options, either we need more money or less expenditures. In looking at the expenses there are not too many optional programs. One, is it mandated bylaw. There is about $50,000 in community action money not mandated and by no means is he commenting on whether or not the programs are good they are just not mandated by law so if expense reductions were to be looked at that would be one place to look. The only other two places to look at are personnel and general assistance levels. In terms of personnel there are 8.5 full time equivalent staff. To make up this deficit would take tetween three to five full time staff members and there also is a part time summer aid position. Literally three to five full time positions would have to be cut and/or decrease the general assistance level which is set at S335 00 per month per recipient. As an example, and not something he is p oposing, if the deficit was $275.000 and you took a combination of the community action, three full time positions, and reduced the G.A. level 40%, you can probably come close to S300,000. This is not something he is proposing but the kinds of options to be looked at on the expense side. The only way revenue can be increased in significant dollars would be by some form of referendum for property tax caps because the Township is a non home rule unit and their ability is limited to increase their levy. This will be addressed by Mr. Hill. Mr. Stafford's bottom line to this analysis is even if there was a referendum, which he is not commenting on one way or another, and it took place in November we still have serious cash flow problems this fall. In his estimation some decision one way or another has to be made by the end of this month. His concern relative to this is, for example, if we did ask the Township to pay back the $100,000 they now owe us they probably could not make their June payroll or payrolls from thereon. The reason they are tight on cash goes back to property tax because they will not see another infusion of property taxes until October at the earliest. The latest report recei-ied from the Cook County Collector is an October 1" due date on the tax bills and the money generally does not come back into the communities until the end of the month. This would mean some of the money would come at the end of October but most of the money would come at the beginning of November which is the only point in time the Township would have an infusion of cash to make up for the loss. However. at that point in time their cash needs would be close to $400,000. Mr. Stafford was open to any questions relative to the budget. IV. CORPORATION COUNSEL RESPONSE TO COMMITTEE LEGAL ISSUES Herb Hill, City Corporate Counsel, noted a series of memos were submitted to the committee tonight, all of which had been received over the course of time from 1990 up until 1997i98 concerning the relationship of the Board of Trustees to the Township Supervisor and what entity had what power with respect to what elements of the Township budget. At the City Council meeting, of approximately six weeks ago, he was asked questions with respect to the relationship of the Township budget, the General Assistance Fund, and the Town Fund and how that all inter played with respect to the overall budget. The Township is a non home rule entity, therefore whatever the Board of Trustees knows about the City of Evanston and how it functions it doss not pertain to the Township. The statutes state and require what the Township is required to do. We've given a series of opinions going back to at least 1991 and the first opinion in the packet is the seminal opinion we rely on even as of this day with respect to the authority of the Township Supervisor. That opinion states that the Township Supervisor is the officer responsible for General Assistance, for setting forth the General Assistance expenditures and for determining the basic rate for General Assistance. The Board of Trustees have an obligation to audit what the Township Supervisor has provided, but the sum and substance of General Assistance is retained by the Township Supervisor. With respect to our current budget if the Township Supervisor is requesting a levy up to our statutory maximum then the Township Board of Trustees, Pace 2. under our opinions, would be required to levy up to that maximum. If that Township levy was not at the maximum. but such that the tax extension limitations would provide then the Township Board of Trustees would be required to follow that. The end result of both those instances is similar, that a referendum question would be required and based upon case I.aw we would say the Township Board of Trustees consistent with the Painter case decision. The Lyons Township decision he refers to, would be required to adopt the referendum question to meet the financial obligations the Township Supervisor is requesting. (At this point Alderman Feldman entered the meeting.) With respect to the Town Fund the Township Board of Trustees have complete autonomy and authority as to how to use it What we are dealing with tonight and in the future is the relationship of that General Assistance tax levy, whether or not the request now being made pertains to and exceeds the statutory limits or the tax assessor limits. If it doesn't reach either, it's a decision for the Board of Trustees, otherwise the Board of Trustees is in a circumstance that expenditures for Township General Assistance purposes are within the discretion of the Took-nship Supervisor and we would recommend to the Board of Trustees that the necessary referendum question be adopted by the Board. There is not a statute that requires that. The statute is permissive and has the phrase, "may extend", but based upon the Lyons Township decision we are interpreting that as an obligation of the Trustees to meet the financial requests of the Supervisor, hence the extension would be required. One further corollary to that is a statute that has been in effect throughout the entire process the Township and the City of Evanston has been dealing with, the debt limitation function which is a limitation on the Township Supervisor. Specifically it would be the ability of the Township Supervisor to place the Township into debt at a current time. How that inter plays with the budget is something that everyone would have to work on. In essence, he thinks this is a situation where the Township Supervisor and the Trustees are in an environment where mutual cooperation and understanding would be necessary to solve this problem. The Supervisor has the same statutory powers as the Township, but how they relate is what has to be worked out. Alderman Feldman's only question other than placing the issue on a referendum was if there is an additional obligation on the part the Board. Mr. Hill responded, as he reads the statute he says, no assertively, because there are no interpretations, there is no case law, there is nothirg out there on it. There has not been litigation on this so the statute doesn't describe it, but the case law requires the Township to levy to meet the needs of the Supervisor for General Assistance. The statute is permissive with respect to the tax extension which we interpret to mean, to meet the obligation with respect to the Township Supervisor. The question has to be placed, the Trustees are not required to support it, nor to do anything with respect to it other than to, he believes, place it on the ballot. That is his interpretation, others have a different interpretation. Alderman Feldman wanted to know if there is an alternative interpretation the Township Supervisor has, and what are the legal implications that might follow as a result of the referendum not passing. Do the Trustees then have additional obligations? Mr. Hill responded with respect to that, his opinion is the Trustees do not, at that time the people will have spoken. There is a mechanism in place to determine if the November election would result in no passage of that referendum question, then the preceding years extension would automatically apply and there would be a shortfall of $400,000 or $500,000 making a very difficult situation for action. At that time there would not be funds available to meet the needs. Tax anticipation knows that perhaps something like that could be done, but legally the Trustees would have discharged their obligation. Alderman Feldman asked if that would then mean the Township is in default. Mr. Hill, responded, conceivably, the answer to that goes back to the statute that Emits the ability of the Supervisor to place the Township in debt, its limited to monies on hand or monies to be collected. That is a break to the circumstance and how that inter plays is an analysis of each of the line items of the budget. Alderman Rainey remarked we couldn't go to tax anticipation rf a referendum were to fail because we would not have the revenue anticipated from taxes. Maybe there would be one-time taxes but it would continue to be a deeper and deeper taxable loss where we could never catch up. Alderman Newman thought Mr.Hill's explanation added to the confusion because the Debt Limit Statute basically says, unless something changed since 1991, "The Township Supervisor may not incur an indebtedness in excess of the taxes levied for public aid purposes. Therefore the Board of Town Trustees in the exercise of the auditing power may take necessary actions to be certain that the Township Supervisor Page 3. maintains the Public Aid account within budget. ' If, as you say, the Supervisor can take actions to set the grant level, and the number of employees, that says to him once the money nuns out the Trustees can take the necessary actions to be certain the Township Supervisor maintains the Public Aid account Mthin budget. Mr. Hill noted it begs the question as to when that statute kicks in, does it kick in when the account is at zero or when at some point it is believed the account will be in debt. Alderman Newman said its in debt now, no indebtedness shall be incurred by the Supervisor in excess of taxes. As soon as we think there is a budget that will have a deficit, which we have in the year 2001 of $275,799, we have to take the necessary ac:bns. He asked Mr. Hill to show him what language he is referring to that says we are compelled to do a referendum, but is not saying we won't want to do a referendum. Mr. HiII replied, as he previously said there Is not a statute that states the Trustees as a body are compelled to pass a question adopting a referendum to be placed on the ballot. With respect to the Township General Assistance levy the statutory language reads permissibly that the Board of Trustees may increase the levy beyond the statutory amount. He takes that language and couples it with the very first case presented, the Painter case. Alderman Newman asked under what authority are we compelled under this case. Mr. Hill cited from the Painter case decision, " Thus the supervisor has the lawful authority to administer the general assistance program which included the establishment and/or revision of the basic maintenance level unhampered by the rules and regulations set by the board of town auditors." Alderman Newman asked Mr. Hill if he is taking that as a matter of law we as Trustees are compelled to put a referendum on the ballot. Mr. Hill replied he would have to look further into this case, but from this case which stands for the proposition that the Board of Trustees were required to fund the position of the social worker which the Supervisor had requested, that sets forth the position that the Board of Trustees are required to provide the funding which the Supervisor requests for necessary general assistance functions. So long as the budget has, in the discretion of the Supervisor, general assistance functions the Board must levy for it. One can argue that levy requirement ends at the statutory maximum, however, the statute gives the Board of Trustees permissive discretion to increase it and he is taking that position because its permissive to increase and a requirement to fund. The Trustees are required to adopt the resolution for the increase in the tax levy. Again, there is no case law setting that forth, or any statutory section that clearly states that. Alderman Moran inquired regarding the debt limitation in the statutes and asked if there have been cases that explain what the statutory intent was, or use of the term debt. Mr. Hill said cases he found from1945 and earlier dealing with the phrase were groceries and foodstuffs. There was a WPA case with the Township, not the Supervisor but a different Township officer, had contracted with an engineer for work. The question was whether or not that work was to be paid for by the Tovmship with respect to the groceries, etc. Cases said that's the requirement because there was General Assistance, Public Welfare and Aid, with respect to this engineer and the construction project. The case stated it was not required to be paid because that was different from general assistance per se. General assistance is a separate category in our statutes going back to the late 1870's when the state legislature took rt upon as a governmental function to take care of the less fortunate and this is the mechanism that was set up and it is the Supervisor who has the responsibility. Alderman Moran asked if the excerpt Alderman Newman read from the Painter decision seemed to suggest that the Supervisor has more or less unfettered discretion on setting the level of the assistance payment which is much different from having the same stricture placed over the entire budget. Mr. Hill commented he would have to find more in the case. Mr. Hill read from the head note on the Painter case, "Legislature exclusively granted to town supervisor power and duty to operate public assistance program of town, to appoint employees as supervisor deemed necessary to carry out program, and to determine duties and compensation even though Board of Trustees had general responsibility for adopting combined budget and appropriation ordinance for entire local governmental entity. " The court stated here that the obligation of the Trustees, is to provide the funds to the supervisor for general assistance. That was the legislative intent and scheme, the court deliberately stated there was no passing upon the merits of that because we have one body, the Township Supervisor, requiring another body to make a tax levy. That is a separation but the court said they acknowledged that separation does exist and that's what it is. Alderman Rainey wanted to clarify that the Township Supervisor has the authority to set the budget, as she did not want any distinctions between General Assistance and the Township. We have an obligation to pass that budget and at the same time compliment it with revenue to pay for the expenditures set forth in the Page: 4. budget up to the tax cap limit. At that point if the budget exceeds the revenue requirements or resources that we currently have available to us, then we have an obligation to vote in favor of a referendum. Them we really is no point in quibbling over this as the final authority of whether or not there is sufficient revenue to covet the Supervisor's budget rests with the electorates. Mr. Hill remarked that is correct in either circumstance. Should the tax requested be subject to the tax limitation or tax cap, or should the tax requested be subject to the statutory limit as to the amount funded that can tee the levy itself. Either way it's a referendum process. Alderman Rainey went on to say it would be her unschooled opinion that you do not have any chance getting a referendum passed by the voters for this budget. It would seem to her we could back up and rewor'i this budget, as she cannot image the voters supporting this referendum. If she is totally wrong it might be a good idea to still rework the budget so we do not have the kind of deficit it is going to generate. A lot of thought needs to go into whether or not at the point time you ask us when it is necessary to put a referendum cn the ballot. Alderman Feldman asked what the downside would be of having a referendum. Alderman Rainey found no downside other than there would be a budget out there waiting to be funded through the results of a referendum that could never come to pass. A realistic approach should be taken in that maybe the budget needs to be pared down so the revenues can support 4. Ms. Payne said since we have Mr. Hill's attention here and Mr. Stafford has said in regards to reduction, the only way we're going to be where we need to be is to cut the grant, cut at least three staff people and make one more cut. There is no way she can run a program under those situations so perhaps Mr. Hill should let us know what happens when we don't have a Townsh;p because she could not cut the programs in the way we need to cut to get the $400.000 down or close to that number. Another thing said was once the referendum was put on it did not have any obligations of the Trustees, they have fulfilled their obligation. Her question is there still would not be the funds for the General Assistance programs according to the state statute which says we have to provide that. Mr. Hill said at that point the Township Supervisor is bound by the indebtedness limitation and must live within some budget. The Township Supervisor cannot impose unilaterally high numbers that aren't acceptable and the termination of acceptability would be the referendum question. If the referendum question were answered at a specific level then, is the budget that would be imposed upon the Township Supervisor and is the Supervisor required to make the expenditures she/he deems appropriate for General Assistance within the limits of the budget. Ms. Payne asked if it is correct to say that does not come into play until a referendum has been put on the ballot and failed. Mr. Hill responded, not necessarily, if the Township Supervisor puts the Township in a situation where the debt is greater than the monies available the Board of Trustees can intervene and stop. The 1991 opinion is specific language from the Township handbook that uses that as an example. The Township Supervisor cannot put the Trustees and the Township into debt, the Trustees and their obligation as auditors can act to prevent that. Mr. Hilliard thought even if a referendum is put on the ballot in November they understand that this year's grant cannot be passed based on the November referendum. That referendum would deal with the years 2001 and 2002. They are now in a situation with this year's budget and the referendum will only be good in 2002 and 2003. Mr. Hill was not certain if the referendum question applied back to 2002 and 2003. Ms. Payne said they need to have a budget approved by June 30" for which they do not have the money, as this is the money they are trying to get. Mr. Hill commented under the statutory scheme the Board of Trustees are required to adopt a budget by the end of the first quarter of the fiscal year which is June 30', but the tax levy itself it is not required to be adopted until the last Tuesday in December, after a November election. Mr. Hill asked Mr. Stafford if it is then correct that the November referendum question adopts an increased tax that would apply and be collected in the year 2001 for the year 2000. Mr. Stafford responded that is the way the law works and if it works for us. If the referendum got passed in November it would be filed in December and you could start collecting early in 2001. At that point in time you could get access to pass it in November and then file a tax anticipation to get money assuming you had enough on a levy. There is still a huge cash flow issue for this year. Ms. Payne asked if the budget could be approved on June 30' based on the anticipation of the referendum in November. Mr. Hill did not advise doing that. Page 5. Mr. Hilliard noted from what he has read they have not been able to levy to the maximum far t!'e Mast four years. if they had been able to do that they would not have this problem today. Four years aga they had $2,000,000 of reserves and were told to use it and the past four years used $500,000 each ' e - now the reserve is gone. If they did not have the reserve they would have had this problem three our fcLr glary ago. It was never seen by the Trustees because they had the cash reserves to deal with it. W-�- fey had $200,000 in the budget last year for the housing fund and signed that over to the City. Even if tINE-r ran a little short they were able to move things around, but the situation is the Township is doesn't have -" a sewer or water fund, they only have one fund and can't borrow from Peter to pay Paul and from Paul Set t:le money to pay Peter back. We don't have the kind of leverage to do that. Therefore, we should face this crzbiern and look to see what can be done about it because its not as though we are putting the Township i*: c�-ebt. Alderman Newman again brought up the facts of the Painter case were when the Township Board cr Trustees tried to remove, from a line item, a specific recommended appropriation by the Township Supeni or. This is a case where there was a $100,000 to spend that the Supervisor wanted to spend it in a cerair way but the Board of Trustees said no. In this particular case there is no money above the taxes coming irz and no authority of the Trustees to appropriate above that certain point. This Is a situation where there is a 1987 subsequent statute passed by legislature called tax caps, which wasn't in effect at the time of tre Painter case, and he does not know that we are compelled on a reading of that case to say in the affrmatrie we want to go out for a referendum. He's not saying it's a bad idea, but its a long from saying we're compeilied to go our for a referendum. Mr. Hill reiterated, this is the opinion he is expressing from the Painter case. The Painter case required funding we can argue up to the maximum levy allowable under the law. Xiderman Newman is correct is saying the Painter case did not address it, but that law the Painter case is referring to had in it the ability to increase the tax extension. What is logical in his mind because there is no case interpreting it, is the next step is to require the Board of Trustees to put the question on the balliat as a referendum question. This may be begging the issue if the Township is now levying below its levy and if the budget requested by the Township Supervisor is greater, either the cost of living or the consumer price index which ever is less. There may be a requirement imposed upon this Board of Trustees to have a referendum question no matter what just to cover the ground from where the tax levy is now to what is the maximum allowable. If that is greater than the CPI by 5% then the requirement of that will go to referendum. In that scenario you may be faced with a referendum question no matter what and the question then is hove high do you go. Alderman Rainey asked Alderman Newman what his alternative would be other than going to a referendum and if he has some idea of how to generate more revenue for the Township short of the referendum. Alderman Newman answered, no, he does not accept it as a given but is trying to find out and understand this law. He thinks the best alternative might be to go out for a referendum but is hearing that our votes are compelled and we have no choice. He is philosophically trying to figure out how somebody can tell someone you must vote yes, even if you think it's a bad idea. Alderman Rainey said it would be interesting if the Council voted five to four against a referendum on the ballot. Mr. Hill remarked the Painter case had some discussion of this point and preceded to read from We case, "Initially we observe that is not our it is function to determine the wisdom of the scheme adopted by the legislature, rather, it is only our responsibility to determine the legality of the particular procedure. We further note that in several historical instances, the Illinois legislature has imposed a duty on one local gove-mment entity to enact or impose a tax levy on behalf of another local government." They are saying you mat not like it but this is what it is and is imposing the duty upon the Trustees to meet the requirements of the Supeervisor. That's the language that is to follow the progression in the thinking, there is no case here to support that and this Council can make a determination that is incorrect on its own. The way he reads and what he has found in research is there are no cases interpreting this. He called the Department of Commerce and Corn. munity Affairs they said that's an interesting question but there was no definitive answer to it. Alderman Feldman said it sounds to him there is no mandate and the requirement is not clear Mr. Hill is stating that is his opinion. Perhaps vie would want to do some additional research on that. Mr. Hill said they could certainly come back with more research but it will say it appears as if the referendum question ray very Page 6. well be a non issue because if this tax levy generated by the request of the Township Supervisor a more than 5% or more than the CPI for this year's budget, the Trustees are required to do that levy and you can't get to that levy without a referendum. It appears that a referendum question will be needed no maser what. Mr. Terry said part of this discussion is triggered by the line item Other Revenue in the amount aA $400.000, in the proposed Town Fund budget. He asked if the inclusion of another revenue line item in the Town Fund the same as indicating that's what's necessary to run the General Assistance Fund and if those two items are the same? Mr. Hill replied, no. one does not follow the other. The question is where does this $400,000 come from, what is the general revenue being raised. in opinions received in the meeting packet the Trustees are not required to make transfers from the Town Fund into the General Assistance Fund. If there is money in the Town Fund it can be spent for Town purposes and the opinion suggests appropriate purposes on spending the Town Funds. Thai would isolate the money in the General Assistance Fund to a discrete number. Alderman Feldman remarked the real question before us is whether or not we want to solve this problem in one of two ways, to try to go for a referendum or to dramatically after the nature of the Township. He does not see any other way than trying to raise additional money and the only way he is now aware of being able to do that is not a way but a possibility, which is a referendum. Alderman Feldman asked if that referendum had limitations or could there be one for any amount. Mr. Hill said it could be any amount because the statute sets forth the format of the question, and it's a yes or no vote. Alderman Feldman asked if a specific figure has to be set that would be up or down on the basis of that figure and would the referendum be for ensuing years. Mr. Hill replied that is correct and the referendum would show what the new tax is and would have what percentage increase that new tax is from whatever the prior tax was. Thus, the public sees the new number and how that new number relates to the old number. Alderman Feldman thought the first policy decision is to decide if in fact the Council wants to know whether or not it is obligated to put a referendum on the ballot and in conjunction with that a reduction of the budget of the Township which according to the Supervisor has dramatically changed the nature of her office. Alderman Moran noted Mr. Stafford pointed out three places to look, either community action, cutting a certain number of full time employees, the level of assistance payments, or all three. In his view we still have a budget with a number of lines and a number of programmatic elements in it of which there are numerous line items within those programmatic elements that are not insignificant. It seems to him there may be a number of additional places to look. He dc-es not know what definition is being applied to having a dramatic atteraUon of the Township but thinks there are areas to look at. Alderman Newman said he supports Mr. Stafford and was just doing a philosophical exercise to find out whether we are compelled and has no problem going to a referendum. The Finance Director's memorandum cites a shortage this year even if a referendum is passed in November. The threshold question is hove do you deal with the $275,00 and after you deal with that the next question is what referendum amount are you going request. He does not have a problem submitting Supervisor's request for more money to the voters. He thought tonight we were going to try to figure out our options regarding the line item of the $275,000. It seems to him that $275,000 has to go this year unless somebody else has another idea. He is confused regarding the 5275,000 figure and asked if al1 the Township Funds put into this budget get into the $400,000 item. Mr. Terry said as it was explained to him by Mr. Stafford, the $400,000 is comprised of $275,000 actual expenditures and another 5125,000 intended as a cushion for cash flow. Mr. Stafford added if the net revenues and expenditures are taken into consideration there is a $275,000 deficit budget. The reason behind putting in the $400,000 figure is there needs to be cash, the Township needs $125,000 to $150,000 in the bank in order to operate. The budget can be balanced with $275,000 leaving the Township without any operating cash. Mr. Stafford wanted to clarify this is a $275,000 cut yet the Township is still in the position where they can do tax anticipation notes. They can go out and get tax anticipation notes on the levy coming in in October, pass back our money and have just enough money to make it through until the levy. in October when the levy comes in they would have pay back the loan. They can do that on this kind of an operation but would probably need about $25,000 to pay for interest income to enable them to survive. The cut would have to be between $275,000 and $300.000 to survive placing them in a situation where they would have cash but Page 7. would have to borrow. The $400.000 that Ms. Payne is referring to will give them enough of a cushion without any question of there being enough cash. We might be able to run the numbers where they would have a little less. Alderman Newman did not understand what we could do with the $400,000 because if we don't have any budget cutting authority our conversations about how the Supervisor should be spending the money is meaningless. He does not understand what our role in the budget process is other than just sa}•ing we won't pass the budget. Alderman Moran commented we all recognize the fact that there is no problem with supporting a resolution for a referendum to raise the le',ry and Mr. Hill is telling us this is something we may have to do. It might be a short sighted maneuver if we derided to put it on the ballot to see what happens that might be a short sighted maneuver because as Ms. Payne pointed out the answer may come back, no. Alderman Rainey thought perhaps the answer is no, which is a serious question. Alderman Moran did not think we should rest on the fact that we'll put it out there and see what happens, we would only be doing is deferring the crisis to another time. The answer to the question, what role we as Trustees play, may not be a role where we decide to cut things out, but may be a role where we have to work and coordinate with the administration to come up with an answer, which is his sense of what we have to do. He is neutral as to whether we have a legal obligation to put the referendum question on the ballot, if we do we will put in on. We have to find a way to get a budget that will allow us to operate successfully and effectively as a Township. Alderman Feldman wanted to darify that as Trustees we're not obligated to pass a budget nor do we have the power to affect each individual line item. Then the only thing we can do is ask the Supervisor to come back with a balanced budget that we would be willing to pass. Mr. Hill added at this point a balanced budget based upon the budget from the preceding year. Mr. Terry raised the point related to Alderman Newman's question regarding the difference between the statutory maximum and what we currently levy is the $400,000, and referred to Mr. Hill's opinion about the statutory maximum for the General Assistance Fund, conveniently or coincidentally is about $400,000. The Township can levy $1,100,000 in the General Assistance Fund, the Supervisor's proposed budget calls for a levy of $714,000 in the General Assistance Fund. It the Supervisor put a levy of $1,100,000 on the G.A. Fund it would raise all the mandate questions Mr. Hill represented. What confuses the matter is the $400,000 is put in the Town Fund as a revenue item and then S400,000 is transferred from the Town Fund back to the G.A. Fund and the mandate question becomes less clear. Mr. Hill said with respect to that the Township Supervisor cannot mandate expenditures from the Town Fund. Regarding the S400,000 in the Town Fund, the Board of Trustees are not required to pass that levy. The $400,000 could be taken out because it is not General Assistance funds but Town funds. The further the Trustees reduce the Town levy the more difficult it is in ensuing years to recapture what has been reduced because there is a cap tax policy. Ms. Payne commented the S400,000 in the Town Fund is just a procedure. She never raised the G.A. levy above $600,000, it has remained the same for ten years and it is no problem to transfer the S400,000 and make it a G.A. issue to levy the G.A. Fund at the maximum. For years the procedure has been that the funds would be in the Town Fund and anything short in the G.A. Fund transfers over. Maybe now that's not a good procedure. When it comes to the Township we are always at the catch 22 situation. She hears what everyone is saying and everyone has very good points but it appears that she as the Township Supervisor has to do all of this work and atl the cutting when she tried to do her best to make you aware that this is going to happen. Nobody was interested nor was any action taken. She could only assume, in view that no action was taken, that you have the situation under control or we are right where you want us to be, without money. If you go back and read all the memos in Mr. Hill's packet that were handed out year, after year, after year, and for the past five years she has verbally told you, has told you in the form of cash flow projections, and you have seen in the audit that they were going to run out of money. Now that we are out of money the message she is getting is we have to do something, we have to cut back, etc. Where does the error and omissions fall when it comes to the Trustees, was that an oversight that we did not ask about th:s in past. She Page S. can see where there is no money, where there is a problem. but also she can see where is could have prevented or at this stage could have been a little better. Alderman Newman said he voted for every one of Ms. Payne's suggestions as long as she been Supervisor. Ms. Payne said she recalls everyone that voted for her suggestions and everyone that did not, and when the tax cap came into effect, the very next budget year after that, she asked for a 5% increase over Coat $250,000 levy to start rebuilding because it was very simple arithmetic to see that if you got S2,000,000, for four years you take $500,000 out each year you're going to be down to zero. This very committee, except Fflr Alderman Bernstein and Alderman Newman, spent at least 45 minutes debating why their conscience wrruld not allow them to vote for that 5% increase. Also, it made it appear to the public that the Supervisor had $2,000,000 sitting in her treasury and is trying to gouge the citizens for another 5% when alt she was trying to do was to prepare for today. Now, here we are today, and she is willing to do whatever she can do but A saying from the start she will not and cannot eliminate three staff people and run this program. For the past five years they had an excellent audit, they have kept the client base down, they have given you a more detailed recording system than any other township within the state, as she checked with other townshivs to find out how much information they give their Trustees. If we cut staff by three people you're till going :o expect the client base to stay down, the good reporting, and everything else. If we get a bad audit because some reports were not done in a timely manner or not done correctly, you're not going to remember that we cut back on staff but are going to say what was done wrong and if I say we did not have enough staff that won't work. As she said she is willing to work and do whatever she can but feels in today's economic system someone that's able to present a budget that's $150,000 below what it was last year is still not good enough for you and she needs to know, when it comes to the Township, when and if it will ever be good enough. No matter what we do it is not going to be good enough. We're talking about less than 100 individuals who perhaps are not considered the most upstanding citizens in Evanston's upscale community. However, they probably were at one time and they have mothers, fathers, sisters, brothers, aunts, uncles, children, and friends who live in this town. A lot of them pay real estate taxes, so they're paying the taxes to pay for the less than 100 people that at this point may not be in good standing. They pay for their upkeep and therefore are not just getting a free ride. When she looks at the $1 30,000,000 budget the City just approved some of it came from African Americans citizens. Of course 95% of the Township clients served are African American and 99% of our staff is African Americans. If the ethnic makeup was probably different the conversation would be different. Alderman Rainey commented this is getting repulsive and there is absolutely no reason to make those statements. Ms. Payne said Alderman Rainey could not tell her what her reason is, she has watched Alderman Rainey sit on the Council and say whatever she wants to say. Speaking one's mind and saying what you believe does not and should not be reserved to Aldermen, everybody has that right. Alderman Rainey remarked that is a cop out, to which Ms. Payne said she is free to say whatever she wants and Alderman Rainey does not have to believe it or like it. You are an Alderman and the decisions you make I have to live with but you cannot take away my freedom to say what I feel. Alderman Rainey said just because she was elected an Alderman does not mean she has to be accused of being a racist. Ms. Payne implied this is a racial issue because it would be different if the color of the people she dealt with was d fferent. Ms. Payne said it was ethnic makeup and there are more in ethnics than color, alderman Rainey said to Ms. Payne, you need me, to which Ms. Payne responded, I don't need you if you vote not to approve the budget that's your option and I do not have a problem with that, I'm not trying to tell you how to vote. VJe submitted the information to you and you can sit there and say all the things you want in regards to your thoughts and viewpoints, and when someone else gives theirs its objectionable. Alderman Rainey said she ~.as never said anything but Ms. Payne has done a good job, however, she thinks it took a turn for the worse_ Ms. Payne responded that's okay. Alderman Rainey said don't diminish the effort we're making, to which Nfs. Payne said the effort has already been diminished. Alderman Moran brought the meeting back to the subject at hand and asked for any questions or comments from the committee. Alderman Feldman thought we now have to get beyond our history and noes not think any of this can go back and be changed. Whatever Ms. Payne said she had told us over and ever again has been established but the question now is how to solve the problem. Although he appreciates Ms. Payne's feelings he does not think we can solve it by constantly going back to talk about what happered in the past. Pau,e -�. There's enough blame for a number of people but that won't get us anywhere as the issue before us is what direction the Council is going to take in regards to this budget, without the burden of past acticros- He asked if one of the things that complicated the issue when it all began wasn't present with the tax cap. Alderman Newman said the mistake that we're paying for is we cut the levy of the Township by $1,000.DDO a year in the early 1990's and it was somebody's theory that we should operate and deplete the Town Fund by making transfers of S200,000, $300,000, or $400,000 a year until it was down, in the interim tax caps Yeere down. He has nothing but good things to say about Ms. Payne getting the case load dawn, however, four or five years ago when he was trying to get the levy to where Ms. Payne wanted it recalls discussions on the Council when he did not have the unanimous support of the African American corporate authorities on the Council, which Ms. Payne is well aware of. There was nobody in the Mayors office and certain Aldermen vfio were not in favor of the whole idea of not raising the tax levy, which nobody understood how the tax levy of the Township needed to be raised five and six years ago, they just said we can't raise taxes- We can talk all we want about why we're here now and who supported what, but the fact remains we're in this deficit. There's not any grant he didn't support and the function of what decision we might make is not based on the ethnics or race of people on the Council. Ms. Payne said that is not what she meant she was referring to the ethnic makeup of her agency. She feels the conversation should be more toward looking at the grant these people have received for the past ten years. When we look at how taxes have escalated, and economic situations have continued to increase they continue to receive the same amount. Her personal view would be to look at what can we possibly do to get this budget approved for these people who exist on practically nothing. When she looks at the fact we can find money for the trees, the parks, the arts and recreation, here we're talking about 100 people to whom the $314.00 means a great deal. If you're talking about the panhandlers, you're going to have another 80 or 90 people out there panhandling if you cut the grant. We give S150.00 to their landlord and have been doing that for the past five years, every single year in the last five years the taxes have gone up and each time the taxes go up the landlords raise the rent on the people living in their property. Even though those people get $150.00 for their rent they have to take part of the $184.00 to supplement the rents that are exceeding the $150.00. When one thinks of all the tax dollars we spend and everybody is paying for somebody, she pays thousands of dollars to the Evanston School System and does not have a child attending school in this town so she is paying for somebody. Everybody that pays taxes is supporting someone in need. Mayor Morton wanted clarification of a statement made that every time we have a meeting of the Township where a decision was made, she was usually seated in the audience and does not recall ever voting. By law is she supposed to vote? Mr. Hill said the Mayor's role with respect to the Board of Trustees is the same role the Mayor has with respect to the City Council, so the Mayor would vote if there was a tie, to break a tie. Aside from that the Mayor is not an active voter, the Mayor is merely the Chairman of the debate with respect to the issue. Alderman Moran stated as a comet ;tee and as the Township administration we have to work together, it is everyone's obligation, In his view we should try to adopt a budget that will work, that we can live with, that will get the job done, and hopefully will allow us to avoid some of these controversial issues that will add to the difficulty rather than contribute to a good effort. Mr. Hilliard said the current budget represents a decrease from the budget submitted last year. From the Township history he has read he does not see being able to maintain a quality type of program such as we had since he has been there and before he came to the Township. An audit was just completed Friday, the auditors were at the office for an entire week and before they left said, fantastic, everything was in order they did not see and problems, our keeping everything together made it so much easier for them. The auditors spoke well for the program and he thinks looking at the population they serve and the magnitude of the problems they have drug abuse, illiteracy, no job skills, etc., we have been working with some very difficult clients in the area. For us to cut back two or three staff the caseload will again escalate because staff will not be able to do everything they're supposed to be doing. They won't be able to leave their office because of the paper work. Even though we submitted a budget for 90 dients, if we had 140 clients come for assistance Page 10. we can't say we already reached 90 and 50 will have to wait until somebody is terminated or quits. ff Lhey're eligible for GA. we have to sign them up and find some way to pay for them. Alderman Rainey said the proposed budget for the year 200012001 is not a balanced budged and a budget cannot be balanced just by including a revenue item called 'Additional Income Required% Ttrat is the place we have to start. Alderman Newman thought we have reached an impasse. As the members of the committee we are going to have to make budget cuts in order to balance the budget and what he is hearing from the Supervisor is the City should make some type of $400,000 grant in order to balance the budget. Based on that we can make suggestions for budget cuts but if they're not accepted by the Supervisor the only decision we have is not to pass the budget unless there is a request for a grant. Alderman Moran thought Alderman Newman's framing of the question is fair except he is trying to say he hopes we're not there yet and is trying to articulate a view point that he thinks there is more work that can be done. Alderman Feldman thought we are obligated at least to ask the Supervisor to come back with a balanced budget and her analysis of what that budget cut would mean. A formal analysis of a balanced budget with whatever way she wants to divide the money, whatever program she wants to reduce, add to, change, alter, whatever. No matter what, he would want to know in a very formal way, exactly what that would mean and the Council would need to know that before deciding on whether or not it was going to adopt that budget or take another choice. He certainly would be willing to begin examining and discussing the question of a referendum as he thinks some of the things said tonight regard the priorities of the community. When people say they find money for trees and for this and that. He knows people that were furious about trees they wanted more money put into mental health, into senior recreation, into recreation, into soccer leagues, into police because they thought the police response was not adequate. There is no end to the demand for funds and he would support having this kind of issue decided by the people. In the meantime, we can't cut a line item and we must reject an unbalanced budget. The only thing he can think to do is ask the Supervisor to come back to this committee with a balanced budget and her warning, estimate, analysis, and whatever may be to the consequences of that budget. This is what we have to hear and what the Supervisor is there for. Alderman Newman asked Mr. Hill what happens if a budget is not passed by June 30'". Mr. Hill responded that would be in violation of the law but at this point he does not have the answer to that. Mr. Stafford added while you are in violation of the law another problem is you can't pass the levy without an appropriation as you cannot go to the County to get money with the appropriation. Alderman Moran commented it was good to have this discussion and to get one's feelings out on the table. Some important questions were answered and also additional research will be needed to answer other questions. We all now have a good sense of what we are facing and from his perspective his only question is can we make it work as there is not a lot of time of time do that. He would like to state he does not shirk his own responsibility in this regard as some remarks were City effected and always falls back on him. He feels full responsibility for it and is not saying it is just the Township's responsibility. The Supervisor is an important person who speaks to these issues, we also have a role to play, and knows we can all continue to better understand each other. Alderman Feldman made a motion to ask the Supervisor to bring back to this committee a balanced budnet that in her estimation would effect the ramifications of the vroaram. Alderman Rainey seconded the motion. Alderman Newman thought, and asked to be corrected if he's wrong, the Township Supervisor believes she has already submitted a balanced budget to the City. Personally, he does not think it balances because of the $400,000 line item. What we really want the Township Supervisor to do is come back with a balanced budget without the S400,000. Ms. Payne's answer to that was she has S600,000 in a G.A. Fund, $250,000 of that is going be levied on the Town side, which she has no control over. She wanted to know if she is being asked to come back with a balanced budget in the amount of S600,000 as that's all the money that's there. Page 11. Alderman Feldman said we are asking you to come with the balanced budget you have minus $400,000_ Nis. Payne stated asked if we then reduce our client base down to 50, she doesn't think she can came back with a balanced budget with the numbers we show. Alderman Mnran noted the motion has been made and seconded and inquired whether everyone understood the motion. He called for a vote on the motion, motion passed. (three avm one, no resnonsel. (Alderman Rainey. Alderman Feldman, Alderman Moran voted ave. Alderman Newman did not vote.L Alderman Moran made the following summation, the committee's request is to look at a balanced budget situation_ Alderman Feldman's motion incorporated setting forth what the Township Supervisor believes to be the adverse consequences of were to go to a balanced budget situation. That can be used as a discussion point for our next meeting Wednesday. May 31 ", at 6:30 p.m., when the issue will again be taken up. V. ADJOURNEMENT The meeting was unanimously adjourned at 7:55 p.m. Respectfully submitted, Audrey Y� Trots Department of Health and Human Services Page 12. MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: OTHERS PRESENT: PRESIDING: I. CALL TO ORDER DRAFT - NOT APPROVED CITY COUNCIL HUMAN SERVICES COMMITTEE Wednesday - May 31. 2000 Civic Center - Room 2402 6:30 P.M. Aldermen Rainey, Moran, and Newman Aldermen Kent and Feldman Kathleen Brenniman, Bill Stafford, Barbara Zdanowicz, Harvey Saver. Mark Franz, Maureen Barry, Jay Terry, Audrey Trotsky Betty Payne, Sylvester Hilliard, Valerie Weidman, Rutha Mayfield, Charles Combs, Carfton Pryor Alderman Moran Alderman Moran called the meeting to order at 6:40 p.m. and announced this was a follow-up meeting of the Human Services Committee to review the proposed Township budget. At the last meeting Supervisor Payne was asked to take another look at her budget, given the gaps there were in the Revenue and Proposed Expenditures. With respect to that request a communication was received by the committee from Supervisor Payne. Alderman Moran asked Ms. Payne if there was anything she wished to add beyond her memo, Ms. Payne had nothing to add at this time. Alderman Moran announced a budget has to be adopted by June 30, 2000, and committee discussion is open, in terms of their preferences and recommendations, to the entire Board of Trustees. ll. CONSIDERATION OF FY 00-01 EVANSTON TOWNSHIP BUDGET Alderman Moran called upon Bill Stafford, City Finance Director, to inform the committee and the Township regarding the developments of the requests made the past several weeks. Mr. Stafford stated for the sake of clarity, this was done from a financial point of view to explain the rules of the game and the possibilities in terms of what they see. An appropriation ordinance must be passed by the 30"' of June and their understanding is an appropriation ordinance needs to be balanced and can't anticipate funds that are not available, including anticipated referendum monies. As the Township budget currently stands it is $400,000 short in revenues. To make up that difference, given the budget as it is for the next three -years, we are projecting it would require an increase of S900,000. The reason for that increase is it is not just budgetary but the Township needs cash to operate Therefore, our projection is the increase of the levy would have to be close to $900,000. The G.A. Fund ievy is currently at S714,000 and it is our understanding that the legal limit of the G.A. Fund levy could be increased to $1,148,000 and would require a referendum. If it was increased to the limit that would add another $434,000, which he mentions because we think they need $900.000. The current Town levy is at S260,000. To make this a balanced budget and get the $900,000 would require that levy would also have to be increased to $717,000 or another $467,000. With the $467,000 increase in the Town levy and the other $433,000 that the G.A. Fund would have to be increased, comes to $900,000 which would achieve the funding requirements based on the budget submitted to date. To go one step further, there are possible scenario outcomes, which are not recommending, for the committee to better understand the rules we are discussing. One option is we could reduce the proposed Page 1. Township budget $300,000, pass a balanced budget or appropriation ordinance and the City could continue r to provide loan money. We could conduct a referendum and if the referendum passes you could again immediately put in a supplementary appropriation ordinance, amend the levy, and the money could be available in terms of expanded loans, or the Township could get anticipation notes and receive enough money to operate. if, in this scenario, you've made the budget reductions and the referendum lost you'd still continue at a reduced $300,000 level. The other possible scenario is to get the proposed Tcrunship budget passed as presented, either in the form of a City grant or somewhere else, but 5500,000 would be required and that would also be required in the succeeding years. He is not recommending either of these scenarios but is trying to give some structure to it and wants the committee to understand in terms of passing an appropriation ordinance you need cash, you can do a supplementary appropriation and just go through the mechanics that would take place. We put the number at $900,000 because both the Township and we agree oath what the next three year projections are you would need that, not just to balance the budget but to have cash and be able to finance the budget that would be required in terms of an overall increase. Alderman Moran inquired regarding Mr. Stafford's statement that the legal limit the G.A. Fund levy could be Increased is $1,148,000, if a referendum is passed, also there is no legal limit on the Town Fund levy. Mr. Stafford said in terms of setting a limit there is an automatic limit with tax caps, beyond tax caps you have another threshold you have to go to exceeding the legal limit which is the restriction to their nosy home rule status. Alderman Moran assumed Mr. Stafford was still saying in terms of increases in the Torm Fund we would still be subject to the referendum requirements. Mr. Stafford replied that would take in either of the funds because they are both subject to tax caps. Alderman Rainey noted the referendum on the Town Fund could be any amount to which Mr. Stafford agreed and added it could all be put on and we could increase that $900,000 on the Town Fund. There is a limit on the G.A. Fund and not the Town Fund. Alderman Moran remarked in light of the material Mr. Hill, City Corporate Counsel, brought to this committee, at the last meeting and sorting through the statutes and cases given by Mr. Stafford, this is a perplexing situation in terms of what our options are, if any. As he understands Mr. Stafford's scenario two, the basic function is we adopt the budget as presented, which is not a balanced budget but as in Mr. Stafford's earlier statement is considered to be an illegal budget. Mr. Stafford said in our form there is a difference, there are two ways to adopt a budget, an appropriation and a budget ordinance. In terms of the way the City adopts its budget it is illegal because you have to have revenues and expenditures balanced . In terms of the Township when they pass an appropriation that is actually a spending limit, per se, if they passed an appropriation ordinance without enough revenues there will be the question of whether or not that is illegal. If the City were to give money we would have to again amend our budget, which is an entirely different issue. There is some question in terms of the appropriation ordinance and what its legal standing would be if you don't have enough money to support A. He will not venture to give legal rulings on the appropriation ordinance but is informing you there is some issue there if it is passed without sufficient monies. It may be legal but does not get you the $400,000. Alderman Moran inquired regarding Mr. Stafford's comments about tax anticipation notes in the context of the referendum. He asked if was he suggesting if we were to recommend a referendum at the earliest possible time that would not necessarily rescue us from the present situation we are in. Given time restraints we still have to deal with this budget where there would not be an infusion of cash even assuming the referendum passed. Is Mr. Stafford now saying if we did recommend there be a referendum and if it passed might lead to the possibility of remedying our short-term situation. Mr. Stafford responded, if you had a referendum that passed, November 31, you could immediately file a tax levy for a higher amount then that would immediately become a lien on those taxpayers and you would be able to go out to the market and borrow that. For example, if a $900,000 increase is approved by the voters the next day you could file a tax levy and then borrow off of that. The City would then immediately be paid off, there would be some interest cost but at that level with that margin it wouldn't be a problem, and would only have to be done once as there would then be sufficient cash flow. They would do cash anticipation notes, pay off part of them in April and pay off the rest in October, and have enough cash flow from then on. It would be a one-time deal and would be paid off within a year. Page 2. Alderman Moran was in a quandary regarding Mr. Stafford's first seenaho of reducing the Towrnshzp budget $300,000. At the last meeting Mr. Hill referred to w4a spo6fic opinions, one opinion 9mv out of exm ssions by the Appellate Court that the Supervisor in one instance has the right to determine %vh= number of employees there should be and what their compensation should be and the Trustees do not haxixe the power to alter the Supervisor's determination. The other opinion has to do with the grant level and su:Vests the Supervisor has unfettered authority to set the grant level. Alderman Newman thought the stuation is somewhat unintentionally confused because not every township has Town Funds and G.A. Ends. He is aware we can't tell the Supervisor what to do with the G.A. Fund and is not sure that applies `c the Town Fund. The Supervisor can set the employees status, raises, etc., with the G.A. Fund but that rnght not be the case with the Town Fund and even beyond that whatever that late says he does not think the Cary should be compelled to nor is he sure it is legal as the City is a home n31e un,:. Can a home unit th it has a Township that's coterminous get around tax caps by bailing it out, which is essentially what has to be zi.ne here. Alderman Moran said he was not sure we can do that as the Evans:an case discusses situabcns where we have coterminous boundaries and it says it does not make any difference. Alderman Newmian n.o`ed in Mr. Stafford's second scenario he does not know what is meant by the Qty granting $500,000. Does that mean if we did that scenario you would be amending our budget in the middle of the year to change the tax laws to increase some tax by $500,000 or are you saying we would take some operating cash, which the City is supposedly very low on, and pass it on to the Township. Mr. Stafford responded it could be either one or the other. His point is if we ever grant or fund the Township we will not get it back. Alderman Moran said what Mr. Stafford is describing is the grant as opposed to some of the loan situations we have had on the understanding that should there be an infusion of 5500,000 in cash there would be no reasonable basis to describe it as a loan. Alderman Newman said he was only commenting if scenario two implies that we have the ability to make this now. Alderman Rainey's point was if we were to make a grant of $500,000 that is not an expenditure that was in our budget, it would mean if we are now going to unbalance our budget. Before we could even begin that discussion we are going to have a Committee of the Whole discussion to identify the areas where we would take the $500,000 in expenditures from in order to make that grant. Mr. Stafford agreed with Alderman Rainey. Alderman Rainey said the City struggled with their budget this year and felt if there was 5500,000 worth of expenditures they felt could be cut they would have cut them, it will be a difficult job to find those expenditures. Alderman Moran had a question regarding one of the statutes brought to the attention of the committee, pertaining to the operation of townships in general and their financing. This statute referred to a debt limitation and given we have been presented with a deficit budget, $400,000 short, if we were to 'adopt' that budget would that run into the debt limitation provisions that restricts the Tavnship operation. Ms. Brenniman said the Law Department would have to look at that and in view of Mr. Hill not being able to attend this meeting she will take the questions to Mr. Hill who will respond to them and how that interacts with the statute. Alderman Moran said one of the odd aspects of this situation is were we to adopt this budget as it is presented it could very well run into the debt limitation and wondered how that would reconcile with that statute. Mr. Stafford commented that as a home rule authority we are able to go into debt because we're able to pledge against that debt full faith and credit, and have the ability to impose a tax to support that full faith and credit. In this case he would argue if you are at that limit you don't have the ability to go into debt and then fund it because they're going to look at how you fund it. That is not a legal opinion he is merely giving his financial opinion. Alderman Rainey inquired as to whom would issue the tax anticipation notes, would that be the City or the Township. Mr. Stafford responded if their referendum passed and they wanted those notes the Township could get them from a bank. Alderman Rainey asked if the sequence would be if the referendum passed but the passage of the referendum cannot be anticipated. Mr. Stafford said right now the Township still has monies that are due them, that is part of the cash flow problem, they could go out and issue tax anticipation notes for their next payment that will come up In October, Page 3. Alderman Moran noted another thing problematic to him is the issue of the referendum, There its a state statue that gives some small guidance on this which says if the governing body wishes to it can Caen go to a referendum, but it does not refer to any obligation to do so. At the last meeting a question was raised by the committee whether the budget the Supervisor presents to us and whether we have an ctilization as Trustees to pass the budget that meets the called for expenditures in the budget There was a further question if we cant pass the budget without a referendum do we have a legal obligation to hold a referendum, but the referendum statute's language says its in the discretion of the governing body which wou'-d tea another conflict. Mr. Stafford said he could only comment from a financial point of view that in our financial, book the Township is included as a component unit which means we have control of the board, our Councl Ms control of the Township and is financially put under accepted accounting principles as a component unit i ., a logical deduction from that is the governing board has control over appropriations, budget, and debt. That may be different than the Illinois state statute but is informing you about general accepted accounting principles, they're considered a component unit because the governing body has control over that and controls tfie purse strings. These are the government accounting standards and we are required to put the Township as a component unit because they have same board that has control over them. He is not saying that is not in conflict with Illinois state law or interpretations but merely from a financial point of view we're required to have control over them_ Alderman Moran could not see how we can recommend passage of a budget that has revenues that do not meet the expenditure level suggested. At this point the only potential alternatives he sees are either to cut expenditures or increase revenues. Mr. Stafford is telling us is there is way we can close the gap on this budget without a referendum. We are faced with questions of either reducing expenditures or increasing revenues through a recommendation for the holding of a referendum. Of course, even if the referendum were recommended it might not pass in which case we're in the same situation we're now in. Should we have to make either substantial loans or grants to make up the cash shortfalls that will involve significant policy considerations by the Council. This would require hundreds of thousands of dollars and gets back to ttve issue of having deliberations by the Committee of the Whole, which involves the entire Council. There would have to be some consideration whether they want to consider pulling between $200,.000 and $500,000 that is not now designated in the annual City budget for potential use and if so where we're going to get the money from. Alderman Moran asked for any suggestions from the committee regarding this, hearing none said it seems as though we're at an impasse. Alderman Newman said he had some suggestions but said they are dependent on which way we're going. The threshold issue is the situation we are in was not in any way created by the Township Supervisor. it was created by the Trustees and goes back to the argument of people saying they did not want any increase in the tax levy which was a great policy because it made people very popular. He thinks the policies pursued over the past five years have led to a radical reduction of services being performed by the Township which - is no fault of the Supervisor. Five years ago, in the year 1995, when Alderman Drummer made the motion to eliminate the increase in the levy for that year, he was trying to explain to the Council it was only a matter of time until we would run out of money. The motion passed that year, and he was told there was another year when a similar motion passed, Ms. Payne came to us and asked us for more money. In 1995, by a five to four vote, it was decided not to increase the levy which would have provided her at least $50,000 more per year for five years_ At that time he dissented and pointed out that tax caps was going to make it impossible for us to raise the levy back to what it had to be and five members of the Council voted against him_ In the = name of not raising the tax levy, a decision was made to dramatically reduce the services of the Township which at that time he did not want to do and is why he supported Ms. Payne's request for increasing the levy which would have been in effect for the past five years. Thus, over the past five years we have allowed the money to run out_ Personally if he had $500,000 of new money to use the first thing he would do is hire ten more policemen which he thinks is the greatest unmet need in our town. Therefore, in no way does he support going to our budget and reducing $500,000 in expenditures. The threshold question to the committee is are we going to suggest to the Council that we should somehow find S500,000 to bail out the Township. Alderman Moran said he was not suggesting doing that. Alderman Rainey was not inclined to do that either and said perhaps we should go down the list and eliminate some expenditures. Alderman Moran did not think Page 4. that was very plausible, but thought if the other Trustees were brought into the pichre trey mk;rX have some ideas about this. Alderman Newman thought the only way a number of the services will continue to be maintained ;s if we would somehow fold Emergency Assistance Services and General Assistance together or have part cf 0 ►e services performed by them which would still be an insignificant reduction in the number of employees and expenses. Emergency Assistance Services spends somewhere around $170,000 to give out 516o,GOO cc a ratio dose to those numbers and perhaps in someway the grant could be folded into that. Alderman 1.trrain noted all suggestions are going to be welcomed and that should be incorporated as part of the discuss:cn Alderman Newman felt this should be looked into as we have a duty to the taxpayers to look into poterral cuts and reorganizations that somehow can deal with this situation. Alderman Moran asked Alderman Newman haw he would go about doing that to which Alderman Newman responded the first thing is there needs to be cooperation between City staff and the Township. The Township Supervisor would set the grant level and not knowing whether separate staff is needed to administer that program would like to find out wf-ztw or not we can have some of these services performed by and out of Emergency Assistance Services Alderman Rainey asked Mr. Stafford what kind of recommendation he would make in terms of the referendum numbers when the time comes. Can we justify generating more money into the Town Fund, to Fxavide some kind of a cushion, by asking approval to go the max on the G.A. and build something in for me Town Fund. We would want to make this as palatable as possible for people voting on it. Mr. Stafford said ds going to be a percentage increase because one of the issues then becomes the strategy relative to the referendum. For example if the entire $900.000 is put on a Town Fund referendum you're talking about a 200 or 300% increase and if it reflects on the referendum then its an entirely different thing than putting it on one that's a 40% increase and another that's 105% increase, which is how they should read. We should find out if we can put it at a dollar amount, which would be a preference, as it's a small dollar amount relative to the grand scheme of what gets taxed. He would assume Mr. Hill and Ms. Brenniman could track down ttre reading on that and then strategize on how to do it. Alderman Newman made a motion to out a referendum on the ballot for whatever is the required amount of cash. Motion seconded by Alderman Ralnev. Alderman Rainey did not think a referendum should be put on the ballot to just squeak by. She wanted to discuss how we can build in a cushion, because if we're going to ask for money we might as weD ask for the right amount. There is however, a point beyond which we do not want to go because that will tum the voters off and we should at all cost avoid percentages because we only have one shot at this. Alderman Moran asked what the strictures are in terms of the referendum, does the increase proposed by the referendum question have a time limitation or is it open ended. Mr. Stafford said if you ask for it is going to be in perpetuity and will be on until they take it off. He noted that Alderman Rainey made a good point, if we're going take a shot at it we should make sure the number is long range enough so we won't have to go back to it again and you can live with it for quite a while. Alderman Newman thought the Township should recommend to us the language they want and we should assist them putting it on the ballot_ He does not know how much money they want but considering how they arrived at this situation feels obligated to put it on the ballot the way they want it and would hope whatever is put on the ballot would solve the problem. We then have to figure out how we're going to make due during this next year until we find out wtiat the voters say about the referendum. Alderman Moran noted we have a motion to recommend a formulation of a referendum question the particulars of which is not yet known. Alderman Newman has entertained the possibility of reducing some expenditures in the budget as proposed. Alderman Newman said the first action we should do is recommend a referendum to the entire Board of Trustees and hopes the Supervisor would make a recommendation as to what language and which fund they want. The second action would be how do we get by this year as he will not vote for an unbalanced budget. The only budget he can see is one that has a temporary reduction of S300,000 or $400,000 and there has to be cuts. The tax cap problem has put us in a situation where we cannot react to this without a referendum. Alderman Moran noted a third possibility that would have to do with Paec �. potential coordination of activities between the City staff and Township staff for service delivery systems and how they're accomplished and paid for. Alderman Rainey asked how many clients Emergency Assistance sees. Mr. Terry replied generally there about 1800 requests for assistance to which A5derman Rainey asked if we actually see or counsel 1800 and whether that is a duplicate or unduplicated count. Mr. Terry said the number is between 900 or 10000 actual clients. Alderman Rainey inquired regarding the number of Emergency Assistance staff persons, to which Mr. Terry said there are two caseworkers and one coordinator for the program. Alderman Moran noted another step in the process would be a referendum exploring the apportionment between the G.A. Fund, Town Fund, etc. How we approach that has to be reviewed in tandem with the issues we're discussing and how in the near terse do we find cash to close the gap which has to be pulled out someplace of the City budget. Alderman Moran asked Mr. Stafford if he could take his analysis a bit further to give us a range of suggestions in terms of dollar numbers, apportionment between the funds, what the limitations would be or where there would be no limitations, and how that might influence how much you would request in relation to one fund versus the other in the referendum. Mr. Stafford said if the recommendation is to go for a referendum, depending on the decision if the referendum doesn't go through, then that level has to be maintained and he would assume that's the difference between the City having to make a three to five year commitment and having to deal with one year. That would not make things go away, but would make it more manageable. The referendum would decide from a policy point of view, and if it doesn't go through on that level then that number has to be maintained. If that's what the decision is, that's the more manageable situation than having to provide a half million dollars a year for many years. Unless that goes away it becomes more manageable. Alderman Rainey commented that in making that interim decision while it feels more manageable it would have to be made with the possibility in mind that the referendum could fail and we should not assume anything. Mr. Stafford said that was why he was very careful, in scenario one, to point out just because we say we're going to a referendum the cash problem does not go away. The hard fact of the matter is the Township will need money to make their July payroll. Alderman Moran asked Mr. Stafford if he had any concept of what the shortfall would be for July. Mr. Stafford thought a ballpark figure would be about $100,000. Ms. Payne noted the Township has been averaging approximately $104,000 per month. Alderman Moran asked if it was then the sense of the committee to go forward with this discussion recognizing that all those components are part of the analysis we have to complete by the time a budget is voted on, the end of June. Alderman Newman remarked his sense of the situation is we need to find S300,000 in cuts very quickly. Alderman Rainey asked what is the point of our finding the cuts when we don't have the authority to make them. Alderman Newman was sure where the authority lies when it comes to the Town Fund. Putting aside the question who has the ultimate authority on the budget he thinks we as Trustees have a responsibility to make recommendations which are fiscally responsible for the operation of the body for which we are Trustees. If there is no money in July to operate at the current level or to operate for the next twelve months we have an obligation to make some cuts. Alderman Rainey asked Alderman Newman if he would frame the situation that way because the Trustees as members of City Council have no ability to provide the $400,000 shortfall in the budget we would recommend some cuts. Alderman Newman responded that is essentially what he is saying. Alderman Moran asked if there is a desire on the part of the committee to continue our deliberations either right away or at some point before the budget is passed on a Committee of the Whole basis and have a meeting where everyone on the Council is invited to attend. Alderman Rainey said the problem she has examining this budget and recommending cuts is in some cases she does not feel as confident as she does in recommending City cuts in generating revenue. She would certainly look for direction from the Supervisor and staff of the Township. The communication we received for this meeting says nothing can be done and the Supervisor is not able to provide us with any guidance Page 6. because she has done whatever she can do. Although, when the time comes and we hit the %all V,.M is when the Supervisor will make those decisions. Ms. Payne responded, no, if they don't have any money they'll shut down the program, they can't run the Program without funds. Alderman Newman has said he feels it was his fiduciary responsibility to say if there is no funds we need to make cuts and Ms. Payne has felt that same fiduciary responsibility when she made this committee aware these problems were coming. Ms Payne said she told Alderman Mcrarn jus4, last night the only thing she's hearing is for the Supervisor to cut, cut, cut. Either you do or you don't want &o-- General Assistance program because if we don't have the money we can't run the program. If we run oLr: of money all we can do is tell the citizens we don't have the money. Alderman Rainey said her approa--h in looking at this program in terms of cutting $400,000 will be how can she do that and still make certain the most needy in our community get their checks. Ms. Payne said it is not just a matter of passing out th-ose checks, to which Alderman Rainey said in the interim that is what it might be until we can stabilize the Township's finances. The way that can now be done, given the mess we're in, is by getting the approval di the taxpayers to generate additional dollars in the Town Fund. Alderman Moran called for suggestions on how to weave this fabric together over the course of the next few days. His initial thinking would be that we do our work and get input from the Finance Department in terms of specific dollar issues and try to close that in a couple of weeks. Having gotten whatever *information we can get and having given each other whatever input we have with these documents, suggestions, etc., we can reconvene to look at all of that and formulate a specific recommendation to the rest of the Board of Trustees. Alderman Rainey said it might be an issue large enough and they should all be invclkred. Alderman Moran said at that point there will only be two weeks left and he does not like the idea of losirg the education time of just being here and being part of the discussion because some difficult decisions will have to be made and he would think the other members of the Board would want to participate in that. Alderman Newman remarked he came to this meeting expecting to work on the budget. The Supervisor's memo is fine with him as we did place the Supervisor in this situation. When he refers to we, he is not referring to this Council as this was done over the years. We can begin here and now by looking into where expenditures in the budget can be cut other than cutting the client monthly payments. Alderman Rainey said more than handing out checks there is an approval process where something is always going on. There are other things going on such as the Work Opportunity and Clerical Training Programs, medical payments is a critical part of the budget. Alderman Newman suggested going through the budget to try to identify, assuming that everything is essential, what are things that could be eliminated without shutting down the basic content of the program, which is to provide assistance to the clients. Perhaps that should be pursued to see what we can come up with. Alderman Newman inquired where the $$50.000 disbursed to agencies such as PEER Services, appears on the budget. Mr. Terry noted, for clarification, one of the changes between this version of the budget and the budget reviewed two weeks ago is a $30,000 contract for St. Francis has been transferred to the Work Opportunity Program. That was a Community Action in the Town Fund and is why you're used to having the $50,000 figure, in this version of the budget the funding was transferred. That figure can be found on page 13 of the Township budget, under ARC Program. Ms. Payne said this is a G.A. program where tin-e-I've clients that were in that program are no longer on G.A. and we do not have to pay for that. We cut one cf the other agencies that was in there, Youth Job Center, and took the money from their budget because their services to us was far reduced last year and was put in ARC because they provided additional services P.!r. Stafford asked if the ARC Program is mandated by Township requirements. Ms. Payne responded. rc, it's a program that assists substance abuse clients. A large portion of our clients are substance abusers and the have to have a program. Alderman Rainey inquired regarding the S18,000 for Equipment Maintenar-ce. his. Payne said last year we had several different line items and this year put them all into one line item, which includes equipment and maintenance contracts. Mr. Stafford asked how the client grant level type is determined, for example you are currently at $334.00 a month. Ms. Payne said that was actually the grant that set by the prior supervisor, it was at S315.00 when Pa, 7. she took office ten years ago. Five years ago the rent portion was raised to $150.00, an increase of $15.00. the remaining $184.00 is a straight out grant. Mr. Stafford remarked the amounts var*j throughout the Chicagoland area, for example Berwyn has a fiat grant amount of $165.00 a month. And asked how that is different than your grant. Ms. Payne said Evanston Township had the option to set the grant bass--1 on their needs some other community may have $400.00 but they have a lot less clients than we do. Alderman Newman wished to address Mr. Stafford's question and said the answer to his question is historically, long before Ms. Payne became Supervisor, we made a decision going back to the 6O's or 70's to opt out of the state program. We could have atways been a receiving township and had the state of Illinois pay for our G.A_ program, but we made the decision that the grant level that was put out by the state which was at the time $150.00 or $160.00 a month, was untenable in Evanston and voluntarily opted out of that program for at least 20 years and set our own grant level at a place where we thought it would be more beneficial to the clients. When Governor Edgar was in office the state limited the amount of time one could get G.k and included a number of types of other restrictions that we never considered. The bottom line is the grant level is discretional and as a community we thought the S334.O0 was a better amount than the $160.00 or whatever the state level is. Mr. Terry said the state taws have changed and there is virtually no longer such a thing as a receiving township. The state receiving status only takes in the townships who are taxing at their milliage maximum and have run out of money. The assumption is you would voluntarily make reductions in your grant level but the prescribed level would kick in at a certain point. The first place you would save some money would be to scale down to $314.00 to $30O.0O to $299.00, before you gat all the way down to $165.00, Receiving status will only kick in the future in the event of a terrible depression when caseloads are astronomical, and townships are taxing at this maximum. Alderman Moran remarked there is an $11.000 increase in payroll from last year's budget in the proposed budget and asked Ms Payne how those increases are determined. Ms. Payne replied they are determined on performance and are paid on the employee's anniversary date. Alderman Moran said it is a small amount but at this juncture perhaps contemplating increases in salaries might not be feasible or at lease in the near term. Alderman Rainey commented it is her understanding that the Assessor Assistant is longer with us and that is a vacant position. Mr. Terry said to his knowledge there is no longer an Assessor Assistant but does not know the current status of the position. The Assessor is out of town and is willing to come and talk to the committee at any time regarding this situation. Alderman Moran noted a 12% increase in the Medical Payment line item and asked how that is determined. Ms. Payne said last year they went over budget due to several clients that had major illnesses and when this year's budget was prepared they built in an increase based on what transpired the year before. Alderman Moran asked how far was the overage on a percentage basis, and was told about 520,O0O. Alderman Moran asked what that figure is to the total overall budget on a percentage basis, which off hand Ms. Payne could not recall only that it was over budget. Alderman Moran asked if there were ceilings on a max per client basis if a particular client becomes seriously ill and needs a great deal of services. Ms. Payne responded there is no limit and we try to get those with severe illnesses not able to go out seeking jobs on Social Security Disability or S.S.I. It's a long process but we do have to pay their medical bills until that happens. Mr. Hilliard commented that one of the good things related to the medical is the kind of relationship we have with St. Francis Hospital. For instance, a client had a $46,000 hospital bill and of that amount we only had to pay $1O,000 or $11.000, St. Francis Hospital agreed to bill us the same as public aid rates for those kinds of services. Alderman Moran agreed, when looking at the bills he sees we always pay a small percentage of the entire bill. Mr. Hilliard said our clients get quality medical services from Evanston and St. Francis Hospitals. Alderman Moran asked if a longitudinal analyses of medical services was done to see how frequently it goes up or down and what the variations are to try to budget on a longer term basis as opposed to what occurred the year before. Mr. Hilliard said it is difficult to do because they have 180 days to bill from the time of the service, therefore, there are some expenses that could have occurred in February which we still haven't received the bills for and may receive in July. Then in the month of July the medical payments Page 8. may be as high as $35.000. were actually $12,000 or $13,000, but the payments coming in so late causes this to occur. Alderman Rainey asked if the Clerical Training Program could be suspended Ms Panne responded that program is a requirement. The clerical training person is one of the most flexiNe people in our office, besides her regular duties she helps out and fills in whenever necessary. Alderman Rainey thought that would be the very first place to cut. Mr. Hilliard asked what are they to do with the $85.000 or $90,OCX) worth of computers and equipment they just put in for this program that will not be used. Alderman Rainey said she was talking about suspending the program the equipment will not rust. She realizes the equipment is valuable but we are in a desperate situation and clients still reed to receive their benefits. This program is the weakest chain in the link and if we can't begin to look at any cuts then she does not have the energy t:) continue with this meeting. There has to be some dialogue to begin making recommendations for cuts. Alderman Newman could not see accomplishing $300,000 in cuts without eliminating the clerical training program. There are ramifications and in terms of the job situation when he City has openings he would like to recommend to the City Manager that the people not working be considered for whatever opening we have. The difficult part of this is we're talking about people's jobs and does not assume that the clerical trainer has not done a great job and has a contributing position to the program and in the community, but does not see you getting through this without putting the clerical trainer on the list if you're going to maintain the grant level and medical assistance. He also thinks the Work Opportunity and Community Action programs should be on the list. Those three programs add up to 5160,000 leaving a shortage of 5140,000, without touching the grant level, medical payments, office overhead, and office general staff. Alderman Rainey noted there is a Manager of Program Services and a Coordinator of Client Services which seems to her if programs are cut you need to look at the Manage of Program Services. The Coordinator of Client Services will be needed as there will still be clients. Alderman Newman asked if actual caseworkers are taking the applications and dealing with the clients. Ms. Payne said coordinators not only handle the clients but have about 45 clients each, one also handles the Work Opportunity Program. The Work Opportunity Program is not a separate position and is handled by the same person that handles 45 of the clients we now have. The other coordinator takes care of the Eamfare Program along with 45 clients. Alderman Rainey remarked on page 13 of the budget there is a Case Coordinator, Work Opportunity Program Counselor at a $36,389 salary, and also has the Manager of Program Services at full salary and Coordinator of Client Services, three people. Ms. Payne said the Manager of Program Services is the person that oversees the caseworkers and goes out on job sites to follow up on clients at these sites. Alderman Rainey asked what two positions handle all the casework, and was told they are the Case Coordinator Work Opportunity Program Counselor and Case Coordinator/Earnfare Counselor. Alderman Rainey said we would recommend to keep those two people. Alderman Newman asked what the Coordinator of Client Services and the Manager of Program Services do and was told the Coordinator of Client Services handles all the medical payments and some of the monthly client status. Mr. Hilliard said that position includes sending documentation to and from Springfield regarding the relationship we have with the office there to provide individual documentation to provide services and accept and process those invoices, in addition to maintaining our payroll. Alderman Rainey remarked the Township's payroll is done by a service, to which Mr. Hilliard the payroll has to be sent in to them. Alderman Rainey said the payroll service is a small amount of money but with eleven employees when cutting cost that is an expense to cut. Mr. Hilliard said they were instructed by the Council to use the ADP service, to which Alderman Rainey added that happened some time ago. Alderman Newman called attention to the fact that $25,000 will be lost in the 5160,000 figure because he did not calculate those two programs pay for the overall rent that would bring figure down to approximately $130,000. Alderman Moran asked how much rent is paid and was told $72,000 a year for 10,000 square feet of space. Alderman Rainey asked if there is no Eamfare expense (line item 5080) because that program is over. Ms. Payne said Earnfare funds their own program. In the past we were paying them and now they give us the Page 9. money up front. The amount in the budget is the amount they deposit with us. Alderman Rainey was told there is $73,000 that should have gone in that line item and it is also shown as a revenue item. Alderman Rainey said in times such as these she would cut all subscriptions and was informed a lot of the subscriptions have to do with Township assistance. Alderman Rainey felt the Supervisor and caseworkers should stay involved but wanted to know what that costs. Alderman Newman asked about the $18,000 equipment maintenance expense and was told that was one combined figure that included contracts on equipment leased, computer maintenance contracts, anything that has to do with office equipment. Alderman Rainey asked if the Administrative Assistant is purely clerical and if that is a full time position, she was informed, yes, to both questions. Alderman Rainey hoped to know the details about the Assessor Assistant in some point in time. She said it is not a twelve month a year, eight hours a day position. Alderman Newman thought the Assessor's office performs a great service but under the circumstance that entire job should go on the list. If the referendum passes and people want to pay for that service it will come back. Alderman Rainey suggested keeping the Part -Time Aid position because when tax bills and assessments come out there are lines of people coming to that office. Alderman Rainey was concerned about reducing the Part -Time Aid to $5,000. Alderman Newman noted that the reduction to the Assessor's office budget would be approximately $60,000, bringing the total budget cut to 5190,000. Alderman Moran thought the total salary increase figure, $11,000, should be eliminated from the budget. Alderman Newman noted the inclusion of the $11,000 would bring the budget cut to 5200,000 leaving a shortage of $100,000 assuming $300,000 is workable. Mr. Stafford said the difference in the budget is $275,000. Mr. Hilliard asked if it has been factored in that the Township has already operated for a quarter of a year and if this was not taken into consideration the figures should be reconsidered. Alderman Newman said the Finance Department would take this under consideration. Mr. Terry had two alternative scenarios. One, as an alternative to the line by line discussion which is quite difficult and awkward and depending upon the level to which the Supervisor has agreed has some questionable legality as it relates to cuts in the G.A. Fund. Another alternative for the Trustees to consider would not be to levy the $250,000 in the Town but reduce the transfer from the Town Fund to the G.A. Fund by the $300,000, it preserves the Supervisor's prerogatives in terms of what are the specific impacts of those cuts and you are fixed into the revenue at a certain level, then what that expenditure level is to the G.A. Fund is to be determined by the Supervisor. Alderman Newman said all that does is pass it back to the Supervisor. Mr. Terry said he does not hear the Supervisor agreeing to a single one of the recommended cuts and we could be engaging a discussion in which all these specific cuts have been identified. Alderman Newman asked if this is thought to be an academic discussion and was told that is the possibility. As Trustees whether or not we have the ultimate authority we have a responsibility to the taxpayers to come up with a balanced budget. If, between us and the Supervisor, we are not capable of getting our acts together and implementing that budget he is willing to listen to the other alternatives. The other alternatives will be at some point in the year the clients will not be getting their grants or at some point in the year employees will not get paid. Alderman Rainey thought it will be a great embarrassment to the Township and the community if it remains fully staffed at the expense of client support. To her that is unconscionable and she does not think that will happen as eventually this will work itself out. If there is some paring back of staff on a temporary basis it is because it has to be done, there isn't the money there to pay a fully staffed office and she does not think anybody at the Township should be embarrassed by their salary. These are people with skills and temporarily other arrangement will have to be made. Hopefully everybody will be back on board once this issue gets worked out. Mr. Stafford did not think Mr. Terry thought of this as an academic exercise but is saying what we do clearly have control over is the Township money and by the changes made in the audits from a legal point of view who does then become the one who falls back on the Township. Alderman Newman thought that would work by saying in this scenario we would make the allocation if we had anything left then and if its not this scenario it will be some other scenario but that's beyond our control. Mr. Terry said that would be the legal distinction and the other distinction is that the employees, with the exception of the Assessor's office, Page 10. JCreport to the Supervisor in terms of judgements of priorities and appropriateness as that falls within the Supervisor's purview. Alderman Moran said there are two difficult issues about this, it is harder for us to make a judgement than it is for those who work there every day because we're not intimately invc%ved in the operation of the office. The other issue is he has to express some disagreement in the sense your previous scenario is a doomsday scenario where you say we'll just stand pat and run the car until the Aiieels falloff. is that what is going to be done and what people will decide. Alderman Rainey had said as painful as it is, it makes more sense to make temporary determinations that involve some cutting but still allay, s the program to succeed rather than to say we're going to stand pat with this thing and if we don't pull an ins -de straight we'll just fold and the game will be over. He does not see that as a favorable nor acceptable scenario. Alderman Newman said there is a philosophical difference going on here, the Township people think the City should adjust its budget and feels, we, as Trustees put them in this posbon. They have the opportunity to look at the budget and decide which cuts to make but the Supervisor has said they are not going to make any cuts. Alderman Moran said that is why he is raising the ultimate scenario wt-ere the City does not want to consider budget cuts on the City side, the Supervisor does not want to consider budget cuts on the Township and we're at an impasse. The two alternatives other than pure impasse is either you make some cuts and get by or alternatively just run the budget until you run out of money and then stop. From his perspective, running until it stops is not an acceptable scenario. Alderman Newman said we &' ren have to proceed along the course we are pursuing and have recommended $200,000 in cuts. We'll finish with our recommendations and either we will get together on this or we will not. Alderman Rainey said Mr. Teny's point is very well taken, the reality approach to this even if we make these proposals to cut is they do not have to be accepted. Alderman Newman asked Ms. Payne if the committee continues on this course and makes recommendations what will she do with those recommendations. Mr. Payne said she was not going to make any rash decisions tonight, she will look into the recommendations when they are given to her and then will let you know her decisions. Alderman Newman thought that was fair as there is only one third of the Trustees on this committee tonight to which Alderman Moran added the other members have to get invc3'ved. Alderman Rainey's recommendation was to do away with all the extras. Alderman Newman asked if PEER Services was notified they have been cut 515,000, he was told they were. Alderman Moran asked what is the total budgeted amount of the grant and told $198,720. Alderman Newman did not think $300,000 could be cut without looking at the grant. Alderman Rainey's fear was landlcrds are not going to take any arts and these are the people you don't want to annoy. She asked how can the grant be cut when she does not even know what the cost is for us to be members of the Township Association and did not think we ever had to be members but was informed by Ms. Weidman it is a requirement. Alderman Newman said no one wants to cut the grant but if you don't cut medical and leave the grant alone hcri much will the small things add up to. Alderman Rainey recommended cutting back $2500 in travel and conferences, supplies, and a couple of phone lines. Alderman Newman asked it there were any outstanding legal bills, and was told not yet, he added the Legal Expense to the list of cuts. Alderman Rainey went tack to looking at salaries and the idea of having some people go on part-time. The position of Manager of Program Services was brought up and what that position does. Mr. Hilliard told the committee he manages cases. goes out to work sites, supervises two employees, and fills in at the Work Opportunity Program whenever necessary. Anytime a client is terminated or suspended from the program and they appeal their cases, he hears the appeal through our office. Alderman Rainey asked who are the two people that person supervises, and was told the Earnfare Coordinator and the Work Opportunity Counselor. Both Alderman Rainey and Alderman Newman co{ild not see retaining that position. The elimination of that position would bring the total program cuts to $227,000. Alderman Rainey noted people whose jobs are eliminated or temporarily cut will be eligible for COBRA insurance and will not be left without insurance. If the referendum passes they will be rehired unless they find a position elsewhere. Alderman Newman projected some of these employee benefits will be reduced by approximately $20,000 because of the employee we eliminated. Alderman Rainey questioned the $8,000 Contingency and thought Page 11. x this is definitely the time to use the Contingency. She also questioned the S2,000 Interest on Loan and was told it is for a City loan. Alderman Rainey was sure that was not in our budget and suggested cLMing that amount. Alderman Newman thought at this point the cuts are in the neighborhood of S275,000, assuming by reducing the employees there is an additional S20,000 miscellaneous amount. S5,000 for Seminars and Conferences was also removed from the budget. Alderman Rainey noted these are all just iterns being suspended. She asked about the Township Officials Association saes that they are forced to belcr'+g to, and was told these dues are paid for the operation as a Township. Alderman Newman said he came up with a ballpark figure of S295.000 in cuts, by elimination of the follaoiuv expenditures, Community Action Clerical and the Work Opportunity and continue to pay the r--nt there S130,000, Assessor's office $60,000, Manager of Program Services S52,000, Employee Fringe Ee±nefrts for efrninated programs $15,000, Miscellaneous -- including Seminars. Interest City Loan, Contingencies, Travel and Conferences, Legal, Dues, $18,000, Medical S20,000, bringing the total to $295.000. Alderman Newman volunteered the Committee Chair and Mr. Terry to work on a memo for the Council. The sense of the memo should be that we are in an emergency situation and the sense of the committee is we can only recommend passage of a balanced budget. Because of tax caps, the inability of the Township and the authorities, without a referendum to raise the levy to the necessary level to fund these eery important services we have no choice but to recommend a sanction and also in the interim recommend ,%,e do a referendum. Alderman Moran asked Mr. Stafford how much time it would take l':s office to project numbers on a potential referendum target as part of an overall recommendation. Mr. Stafford said he could turn around a number relatively quickly as the cash flow is already figured out. Alderman Moran asked Mr. Stafford if he could come back with some alternative scenarios in terms of apportionment between the two funds. Mr. Stafford said he could come up with some different alternatives but would need some help from the Legal Department in determining what the language will be. Alderman Moran noted from reading the Legal materials he received the language is prescribed by statute and that will not be a big exercise. Alderman Newman thought the Township's Supervisor and staff should make the recommendation as to what the referendum should ask for. Alderman Rainey remarked then what Alderman Moran is saying is its just a boiler plan referendum with the numbers plugged in. Alderman Newman said if we started off and asked for the G.A. Fund you'd get a different percentage than if you asked for the Town Fund, if you raise the Town Fund. Ms. Payne asked if the committee is saying they want a recommendation from the Township in regards to how much the referendum should be for the G.A. Fund. How can she recommend for the Town Fund as she is not in charge of that fund but if you want her to recommend for the Town Fund she will do that. Mr. Terry said for example, if you want to raise the G.A. Fund to its legal maximum and capture the balance of Mr. Stafford's S900,000 target in the Town Fund the ballot language would say should the G.A. Fund be increased by 60% and the Town Fund by 200%. Those are not attractive percentages. Mr Stafford said ?As. Payne may think the number is different but just in terms of cash flow you will only get ore shot of this in the cost of living and that figure is up for discussion. Ms. Payne remarked at this year's level, and in the folio-uing year, there are three five percent increases that you will recapture enough money that year just in case the client tease will increase, as the client base may not remain for the entire year. This annual three to five year increase is on the dollar amount and is suggested to keep us in the ballpark. Mr Stafford said we are now in boom town times and don't have much demand there, the issue facing that is hvv much in terms of dollars, are you going to allow yourself in the future. He put the figure at 5900,000 and would love to see what your figure is but is letting you know the problem is if it's dramatically less, we could probably levy for S500,000 and you could survive we still have to loan them money and if there is any type of change they would be out of mosey. What Alderman Rainey said earlier was right on target, you get one shot at this after that you're capped by the cost of living. Alderman Newman asked if these are two separate questions that would have to go on the ballot. Mr. Stafford said it could be one, we could just ask for an increase in the Town Fund of $900,000, You have options and do not have to have both you can have one or a combination of the two funds. Alderman Rainey said then you would not get up to the cap in the other fund. Alderman Newman said he understands that the G.A. Fund and Town Fund are separate funds but if we said the Town Fund is the fund the Trustees have more control over he would like to assist the Township in getting something passed which is why the Township has to be involved and should think through how they want the referendum to read. We're the conduit to help get it on the ballot. Page 12. Mr. Hilliard said one of the things that concerns him is any projection we make we will have to ,look at the possibility that we're going to stay at 90, 95 or 100 clients. If something happens to the econorrry we could jump back to 125 or 130. If we have 90 clients and 100 people all eligible for GA according to legislation, we have to put those individual on the roils even though we only have funding for 90 slots and if we have a referendum for 202, 203, or 205 that's is no assurance we know that at the time. Some people are working now because of the program we set them up on and if something happened where they got laid off they would be the first back in line for G.A. support. Mr. Stafford said that is why those numbers should be closely looked at and you will have to make a determination on that. He appreciates what has been said as that was fine in prior legislation but with tax caps all bets are off. Your ability as a government to be able to react to a change in those client loads is severely limited. Tax caps did not care about that, he is not de+lfending tax caps but that is the law of the land. He understands your scenario and the $900,000 may not be the right number perhaps you're looking at the $1,2D0,000 figure but there has to be a number and to be responsible there has to be more than just enough to pass the budget. Otherwise you will be back for another, referendum which you cannot continue to do. Alderman Rainey added no operation can survive like that. The committee decided to resume consideration of the Township budget at the June 5, 2000 regular Human Services Committee meeting. This issue will be placed as the first item of business on the June 50i agenda with a timeslot of an hour. Mr. Terry commented that the extent of the discussion is also predicated on the timing and content of the Supervisor's response to tonight's suggestions and asked if Monday„ June 5" is feasible to that. Alderman Newman did not agree as he did not think the suggestions made are the Trustees suggestions until the other Trustees sign on. Ms. Payne can begin to think about these suggesbans but the other Trustees approach to the issue will have to be taken into consideration. Alderman Moran said everyone has to begin moving forward with this. He confirmed that the Township budget issue will be the first item on the June 5`" regular Human Services Committee meeting will be a Special Order of Business and the discussion will take place from 7:30 to 8:30 p.m. Discussion of other items on the agenda to begin after the Township budget discussion. Ms. Payne said whenever another meeting is scheduled she will be there. III. ADJORNMENT The meeting was unanimously adjourned at 9:10 p.m. Respectfully submitted, Audrey Trot , Department of Health and Human Services Page 13_ f MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: OTHERS PRESENT: PRESIDING: 1. CALL TO ORDER DRAFT - NOT APPROVED CITY COUNCIL HUMAN SERVICES COMMITTEE Monday June 5, 2000 Civic Center - Room 2402 7:30 P.M. Aldermen Moran, Newman, and Rainey Aldermen Feldman Frank Kaminski, Kathleen Brenniman, Bill Stafford, Barbara Zdanowic z, Mark Franz, Maureen Bang, Harvey Saver, Jay Terry, Audrey Trotsky Alderman Bernstein, Alderman Engelman, Mary Morris, Betty Payne, Sylvester Hilliard, Sharon Eckersal, Valerie Wideman, Evanston Township; Peter Gordon, Joe Behles, Evanston Arts Center Alderman Moran Alderman Feldman called the meeting to order at 7:53. p.m. ll. APPROVAL OF MINUTES: MEETING OF MAY 1, 2000 The minutes of the May 1, 2000 meeting were unanimously approved without correction. (3-0). III. SPECIAL ORDER OF BUSINESS - FURTHER CONSIDERATION OF FY01 PROPOSED BUDGET OF EVANSTON TOWNSHIP Alderman Moran announced that the Human Services Committee has met on two previous occasions close in time to tonight's date to discuss Township budget issues. The committee packet included summaries of the discussions that took place during the last two meetings with an appendix indicating potential reductions of $296,000 in the proposed Township budget of $296,000 that were discussed at the May 31" meeting. At that time the Township staff was asked to give further consideration to the discussions that took place and the committee said they would be happy to hear whatever they had to say in relation to those specific discussions. Ms. Payne, Township Supervisor, was asked for her input on this. Ms. Payne said she spent a lot of time thinking about the issues discussed at last week's meeting. She sat and watched and listened to the Trustees glance through the Township budget and eliminate a number of items to come up with $296,000. The budget was totally restructured. She heard exactly what was taking place and the full impact of cuts did not register until she actually saw them in writing. When she looked at the scenarios presented to her she realized that the Township was basically put in a no win situation. If she agrees to these reductions the effectiveness of the Township is virtually non- existing. If she does not agree, and the budget is not approved, then she can only operate until the funds run out and she would have to close the doors. She is also faced with the task of seeking a referendum that she never wanted. She simply wanted a gradual increase of the levy and asked for it time and time again, but now the Township Supervisor is the person who is going to be charged for this referendum. The zero hour is here, she told you it was coming and feels the Township is being offered as the sacrificial lamb. While she was trying to project this issue her focus turned to the memo that was sent to the Mayor on the first of June. She was particularly interested in the area regarding legal authority and how many opinions there have been. Since there have Page 1. d o one seems o decided that she would nr.�cr�cad on her been so many opinions an n s e t agree she interpretation of the Township statute. Her interpretation is as Township Supervisor she has solo authority over grants, programs, and staff. She stated to the committee, in her memo of May 24"' she has cut back positions every other budget year for the past eight years and at this point is operating wilAn t�)e budget and with the number of staff persons that she needs, which is eight, and that is in order to - )XIIIAIII a quality program. In that same memo she indicated that her 2001, budget was $125,000 under the I.NLM act for the previous year and she did a revised budget which she submited on May 31" for S1s0,000 belc%% thy,, previous )ear's budget. Over the past nine and half years she has worked diligently to try to keep the z.lient roll under 100. When you consider the fact that the client base has cropped 200 to 220 clients at 54,033 a dear, that is an amount of $600,000 per year savings to the taxpayer lo,,hich she feels does not even include the payments made for medical bills. If we include the payments for medical the savings comes to c-►,er S19,00,000 per year. She knows that much of the information she is goring you now you have heard be yore. but feels she does not stress enough the importance of this program to the clients they serve. After weighing the information, looking at the consequences and her options, she has decided to stay with the revised budget she submitted on the 2e. She will not put any of the cuts made for staff or any of the items in :tie G.A. budget. The budget she submitted is the budget she needs to run the program. She fully understands that she has no control over the Town Fund and hoped that this committee would have left the 55,000 in the budget for the Family Focus Program for children, also the S250.00 amount used to purchase flags for the graves of Evanston veterans. She certainly did not think the entire Community Action Funding would be cL, but of course she does not have any say over that. All she can say is as the Township Supervisor she does not have any status or clout to support her efforts or support the job she has done. All she has done is her ;ob, she has done it well, and leaves it in your hands to do yours. In regards to the Town Fund Assessor's budget the Assessor will address that. Alderman Moran commented the one thing we are confronted with as Township Trustees is the fact that the budget we have been presented has a gaping hole in it. The budget is out of t;:alance, short several hundred of thousands of dollars, and we simply don't have the money to fund the func1,5ons you're describing. As per discussions last week it was the sense of the committee that we could not recommend the adoption of a budget that is out of balance. However, one views this program if you have a budget that does not generate revenue needed to meet those expenditures it is out of kilter and as difficult and awkward as it was to go through that budget it was done in a good faith effort on the committee's part to meet what they thought to be their obligation, not to pass an unbalanced budget. He does not know how such a budget can be approved as it is not sustainable and there is no means to deliver such a budget withoL�2 additional revenue. Alderman Newman said he supported every recommendation made by Ms. Payne to increase the levy and does not see this situation as being the fault of the Supervisor. Tax caps cane in after the levy was cut and in the past five or six years there were some members of the Council who d d not want to see this coming. In 1995 he saw it coming and informed the Council of that, expressed his opposition. explained what the cut in the $1,000,000 to the Town levy would do, that we were going to run of out rnoney close the year 2000 and here we are out of money. For the past five years he voted for every one of :he Township's programs and if we had the money in the Town Fund or had the ability to levy, which we do not because of tax caps, and is why he is supporting going to the referendum. We are now acting by two g0cling principles, one the budget has to be balanced and the other is Alderman Rainey's point that the grant lever- and medical expenses should not be cut but administrative expenses should be cut first, a point well taken He does not know how we can come up with $300,000 or $400,000 as the Council is in the middle of their `budget year. We're have gone through our budget as the City Manager presented a 10% increase in our tax levy and could not get support for that. In his opinion there is not $400,000 or $500,000 in the City budget io Fund this cap. We are in a situation where this committee and the rest of the Council are mandated to valance the budget. Ms. Payne said she hears what Alderman Newman is saying and as she said once before she knows who supported every budget and who did not without referring to any minutes, bL;I, where does the responsibility fall when she has to go the Council and go to the Trustees, she knows that her only source of Funding is levy, taxpayers dollars. That is the only place she can get funds she has no other funds which the City has and can draw from to supplement them. She knew she did not have anything to draw from and continued to Page 2. remind this committee six years ago that this was going to happen antd m�w That it has happened you're saying we don't have the money and we understand that you don't have they -money. We're pa-ying the price for an action that was not taken when our elected offrcia�s %%vre aware of it. She is not concemed about who is to blame and no one has to say that she is not to blame. If she's the blanne and did some --ring she was not supposed to do cc should have done, she is willing to take the blame, :gut when she does her job and somebody else does something she has to pay the price for, that's not acceptable to her. Alderman Newman wanted to reiterate and will voice it as many times as he can, Ms. Payne is not at fault for this. There was a urge in 1991, when he first got on the Council, the City Manager said he wan a.ed to fire six department heads. Several of those department heats had been with the City for as many as fifteen or twenty years_ This ocr�rred because there was a budget situation and the only way we were able to act on it was people who had -worked many years for the Citywere going to lose the.irjobs. When those six people lost their jobs it was a sad day, they eliminated the Supervisor of Streets, the Risk Management Director, the Mental Health Executive Director, the Commission Aging Executive Director, the Property Standards Director, and the Community Development Director. That was very painful but was done because of the financial situation. He personally wishes he was more aware of the amount of money left in the Town Fund and that we should have gone out for this referendum last year or in April. As the sitjation currently stands there is not enough money there and the sense of the committee was if the community sees value in the program they will vote and raise the levy to the appropriate level to sustain all the programs, if they don't we'll have a problem. No one can disagree with Alderman Rainey's point that the highest priority is to maintain the grant for the people receiving it including the medical treatment, which is what we did in this budget. He is not saying we made a great recommendation but thinks the values we tried to pursue, fiscal responsibility as Trustees and maintaining the grant level, were absolutely responsible. A memo was received this evening from the Township Assessor informing us about the Assistant Assessor. He thinks the Assistant, just as Township employees, is providing a wonderful service for the community. Following the guiding principles maybe the citizens will reinstate the levy. The budget that we came up with also eliminated that position. We had to have a balanced budget and if anyone on the Council has some other ideas he'd be happy to listen to them. Ms. Payne had a question regarding the statement that as your fiscal responsib,ifity you have to make all these changes. Why didn't fiscal responsibility begin five or six years ago, it was your fiscal responsibility to see that the Township was running out of money and you didn't even have to look, you were being told, so now fiscal responsibility kicks but back but if didn't then. Alderman Newman said that is why in1995 when you suggested raising the levy 5% he supported that and every suggestion you made since you've been Township Supervisor in regard to the levy. He does not have a good explanation for your question and thinks your point is fair. Two or three years ago, in our budget debate on the Township, we st",ould gotten to this and did not. Alderman Rainey said the amount is a necessity but she is not wedded to the descriptions of what those numbers go to. We were making a desperate effort to came up with the amount of money needed and if you can find cuts she'll support them, except for the grant. If the Supervisor does rat like these items if you would like to do last hired first fired, that's fine with her, but it was just a matter of coming up with the numbers. Alderman Rainey did not read the Assessor's memo received this evening and would like everyone to know that the Trustees of Evanston Township do not receive S5,500 annual safari The information needs to be corrected and Ms. Eckersal needs to make sure the Assessor organization knows that they receive nothing for Township responsibilities even though they are Trustees. Alderman Moran noted we are faced with the inevitability of having to go on and the committee does have to make a recommendation to the Council acting as a full Board of Trustees to move towards a recommendation on a budget by the end of this month, which is why we had the number of meetings we have had in recent times. He joins in and supports Alderman Rainey's remarks that should the Township management feel that there are somehow adjustments to the cuts, but as you know from our actions last week the dollar amounts were driven by the shortfall in revenue and to a large degree directed at that. Page 3. Mr. Hilliard brought up the fact that we keep talking about the statute and what is la%gal and wtl�' is; not. IPA appears to him we are somewhat as another department of the City such as the Nc filth Depairtmerrd, Fire Department, Police Department etc., we're not, we're the Township and as Trustee of the Township you have to make it very clear it is the responsibility of the Township Supervisor to submit a reasonable, workable budget to the Trustees and the Trustees' position is to find the funds to operate that prz-gram. Thm- t is the way the statutory legal situation is supposed to be. it appears that for the past four or five years Ms. Payne has not only been telling you but every audit done for those years has also been aware ;his was Corning. The people whose lives will feel the brunt of the change are the ones that will suffer. Alderman Newman remarked if this wasn't Evanston Township but it was Niles Township, and f"!e case was the budget we have on the table would the Township of Niles be writing a budget and saying to the separate bodies, Morton Grove, Skokie, whatever cities that make up Niles Township, write us a check for $400,000 out of your general budget. He can't imagine Niles Township putting together that budget because the budget leaves an open end of $400,000 and makes a presumption that its going to be funded by the C+tiy. He totally sees the Township as separate, subject to tax caps, and does not think the City in any -way is in a position to amend its budget to transfer $400,000. A con cem he has about the budget is we took out the $11,000 pay increases for the remaining employees. An argument can be made that if the re fining employees are going to have to do more work to make up for this caseload they should actually be vetting more money per person. if there are five employees left they should each be getting at least a S5,000 raise and he would be open to other recommendations made by the Supervisor but does not plan cn gating for anything less than a balanced budget within the next 30 days. As far as Family Focus is concerned they can amend their application to the CD Committee and to the City regarding the $5,000, that is something ttrat can be dealt with later. He would like to discuss balancing the budget and whether or not we're fairly treating the remaining employees. Alderman Rainey had a problem all along identifying any employee to be cut because maybe the best way to do this is for everybody to temporarily go on part-time. We are not the people to make that decision. She has asked over and over again what does the Clerical Training or the other programs do. The last recolleection she has is that one of these programs involved ten clients and she does not think temporarily suspending a program that has ten clients is going to dissolve or make the Township totally ineffective, That's her opinion and her assessment because if we have between 80 and 90 clients and have one program that only meets a few hours a day what will be the harm if we suspend that program while we have no money. From time to time we have to go on financial diets. However, we are not actually in any position to make those dedsions but are in the position to say we're not going to vote for an unbalanced budget. You know what cuts ha-ve to be made, you figure out where they'll be the least violent to the program. It is her opinion tha* under no circumstances should the grant be cut. However, she does not know that you need a full time direttcr right now, and doesn't know whether the medical person shouldn t be full -lime, these are things she does not know. Ms. Payne said she is the Supervisor and these are things she is supposed to know. Alderman Rainey said in a desperate effort to come up with the money, we cut away at your budget to come up with the figur-ems we came up with and from appearances it would seem these items could tolerate cuts. However, none of us claim to be authorities in that area because we don't have that kind of handle on that program. Wer asked, we tried, right now we have a vacant position in the Assessor's office. At the last meeting she asked :o be told why this person was let go and has not heard one word about that and she is nct votsng to put that person back in until she finds out why that person was fired. She does not know whether it's a personne? issue and at this time does not want to hear about it, whatever the reason she is a Trustee of this Township and a Corporate Official of the City of Evanston and entitled to know why we fired an employee who she vot,-s for a salary on. All she got was a one -line memo saying the employee was no longer with us. Alderman Newman did not vote to include the Assessor's Assistant position in the cut because of that issue, but because it was a vacant position and an emergency situation were we did not have enough money_ We all said we were going to throw this open to the community in a referendum and if the community war -.its to fund this position just as the other Township positions this will be another reason to vote for the referendum. The spirit of the cuts was we did not have the money. He has no doubt the Assistant Assessor's posit. on is very valuable and performs an excellent service which he fully supports, but does not support subcnitt ng an Page 4. unbalanced budget and if there's a vacancy it will be excluded from the budget Ms. Eckersal said there is no vacancy as she has somebody in that office as of this morning doing the vt-ork because they ace so far behind. Alderman Newman said that is something they are just hearing now, but should N-m keep That position if that means we have to go to the grants portion, the medical portion for the recipients 2.nd tee other employees remaining in the Township office to find 550,000. He thinks Aldemtian Rainey's pant at*ut the grant level is absolutely right and that's a principle the members of committee are going along ry th. If people want to argue we made a mistake by maintaining the grant level then let them make that argurmerr•., as we did not make a mistake there, although he does not know what to do about the $50,000 for the Assessor Assistant even though he fully support the position. Alderman Moran acknowledged receipt of Ms. Eckersai's memo distributed to committee members this evening. Ms. Eckersal said her office is currently backlogged six or seven months due to the woridoad and the computer switchover. She asked who would be doing that work, a part-time person cannot handle it right now. She was in the office today and 30 to 35 phone calls came in, even if someone was in the office two hours a day they would spend that time returning phone calls and not getting any work done. Along Yjth Cook County the satellite offices are now putting commercial reassessments in the Township offices, ha,,/ would we claim to staff that work. Who is going to be doing this, she is not. We have to have a full time person there as they are shifting a lot of the work from Old Orchard and Rolling Meadows. Alderman Moran said that unfortunately given everything that has happened over the course of the last couple of weeks, the committee is not prepared to deal with this tonight. We're not saying we don't subscribe to what Ms. Eckersal is saying, but as Alderman Newman just said no one is saying this is an enviable position, but tonight we are here to deal with the Township budget. Alderman Newman asked Ms. Eckersal what services are six months behind, are they services the Assessor's office is voluntarily taking on or are they mandated. Ms. Eckersal said they are mandated and the County requires that every piece of property in the City has to be input with the property data onto the computer which is how taxes are determined and raised. Alderman Rainey said if we were smart we would network our permit office with our Township so there would not be the double entries we obviously have. Ms. Eckersal added their filing is by property identification and is so far behind they can't pull open property. Alderman Newman said then the Assessor's office communicates the building permits to the county and asked if that is the responsibility of every Assessor's office in Cook County Illinois. Alderman Bernstein said we would mail or take the permits down to the Assessor's office and wait until they deposited them back to us, we then file them in our permanent files. We did some of these but they were done only for our own information. Alderman Newman did not understand why it does not go from our Property Standards Department to the County. Alderman Engelman said Assessor Bernstein may have mailed the permits, but when he was the Assessor we actually compiled the data and sent it to the Assessor's office, it was a way to put improvements to property on the Cook County Assessor's cards so they would raise the DAV's. What we were doing was reapportioning the assessments, but if you don't raise the amount of money you're going to spend your taxes will remain the same. All you do in processing permits is reallocate who pays those taxes. Ms. Eckersal said her office will be on line with Cook County in September and all of this will fall into place. They will have more work to do once they are on line and she can't have a part time person when they go on line with Cook County for appeals. They're now they're under an appeal for assessed values. Alderman Newman thought the issue of appeals has been a very valuable service that the Assessor's office has offered. Right now we don't have the money for the service which is partially a way taxpayers should be convinced that the referendum should pass. If there is not enough money in the Township you have to look at the services you're offering. Ms. Eckersal said the Township is servicing our taxpayers, the taxpayers are paying for this office through their high tax dollars, why can't we provide the service they should be getting. It's wrong to slight them we have an older community that can't go out to Old Orchard as they can hardly park there. Alderman Newman thought that's an argument for taking the $60,000 we're cutting from the Assessor's budget and cutting some other part of the budget. Ms. Eckersal said if she could find somebody and not pay them benefits she would be very happy, but she needs somebody more than 20 hours a week. Alderman Newman had no doubt that everything Ms. Eckersal has said is true. Page 5. Alderman Newman said one of the reasons this meeting was called was to urge the rest of the Trustees to come and hear what our problem is so as not to spend three hours during a regular Council meeting on this. He asked if the Council members in attendance have any ideas or suggestions to share. We ha*se a budget before us that has a $400,000 revenue source from Other and we are limited by tax caps as to hose much we can raise the levy. A part of our process is to go to referendum, in order to balance the budget ewe need to come up with $400,000 somewhere or make cuts. Alderman Bernstein said his thinking goes along with the committee but unfortunately the kinds of things you're seeking to cut are the very programs the Supervisor has used to reduce the numb of G.A. recipients. It's no consolation that the Trustees created the problem because he does not know where we will come up with the money we need to balance the budget. Alderman Engelman said there are cash anticipation notes and public forms of bonding ij possible, if we go to a referendum that shcufd take into account raising not only sufficient funds to balance the budget for the coming years but also raise sufficient funds to repay borrowing to cover deficits. Alderman Rainey remarked that was brought up at the last meeting not to go for a referendum just for the amount currently needed. If the referendum passes we then can do tax anticipation based on what we anticipate receiving, but not before the referendurn passes. Alderman Engelman said if they borrow money and the referendum doesn't pass they are then severely deeper in debt. Mr. Stafford said the money would have to be borrowed based on a legal claim under the property tax which is the levy. Now you can borrow money based an the fact the Township could go out tomorrow and borrow based on November collections that would be coming in for the second half of the year. That could be done but there is the problematic issue of the referendum. You can't borrow on a referendum or on the anticipation of a referendum, you could borrow to make it to the referendum, after that if the referendum loses you are halfway through the budget and still facing the S-J0,000 cut. You have half a year to make those cuts and have to double down on those cuts to make it. That is the key issue because at that point in time if for example, the premise is we aren't going to cut benefits to any of the clients and cut other things you would literally have to wipe out most of the rest of the budget in terms of personnel costs to make budget. Alderman Engelman asked if the referendum is for next year to which Mr. Stafford said that is correct. Alderman Engelman then said we actually know in advance of the actual collections that you weren't going to collect enough. We set a budget for this year bul are not going to get the money for more than a year down the line. Mr. Stafford said that is exactly why if you're going to increase the referendum it would have to be more to make it work and as soon as it passes, you then file and get claim on that and have more than enough to borrow against the following year to play catch up. He and Ms. Payne looked at some numbers and he threw out $900,000, Ms. Payne took a hard look and pared that down to the S700,000 to $750,000 range which would clearly do it and provide sufficient funds for quite some time. Alderman Engelman asked if the Trustees want to consider and discuss the anticipated revenues knowing if the referendum fails we're going to have make deeper cuts. Alderman Newman pointed out, per the discussion of the last meeting, suspending some of the Township programs, the amount of increase depending on whether to go to the Town Fund or the G.A. Fund and depending how you word the referendum, he is not sure what the results will be and what community group will take this up to support it as has been done in the case of other referendums. His thinking is if the community wants to pay for these programs we vall have a suspension from June until November and if the community decides to pay for the programs we will be able to reinstate what we are doing here. if the community decides not pay for the programs then we pass a balanced budget and can make plans for the future based on that decision. The direction we were going was a responsible way to do this and the statement made by all was we waited too long to do a referendum, which at this point in time cannot be corrected. Mr. Hilliard brought up the Work Opportunity Program is mandated by law and cannot be cut. He recalled that three months ago the City Council signed an Intergovernmental Agreement with New Trier Townstup. At that time New Trier Township understood that program was a part of G.A. and in order for them to be compliant Page 6. with that provision of the law they contracted through us, that contract was signed by the City Council. That program is mandated by G.A. and even if we wanted to we cannot get nd of that program and be in compliance with the law. Alderman Engelman asked if the S400,000 being discussed needs to be cut bettiveen June arc November. Alderman Moran said the cuts the committee recommended were actually 5: ` —,444 and �%V are not even cutting the entire deficit in the budget. The $100,000 or so difference was to be employed as a reserve working fund and after spending a great deal of time at our last meeting we carve up with the S:296,444, yet the budget remains in a distressed situation. Ms. Eckersal said her budget has already used up half of the salary which means she has nothir-rg left for the end of the year and she can't even staff her office with a part time person. What you are telling her is she cannot have anybody in the office next year, she cannot run the office like that. Alderman Newman thought this goes back to Alderman Rainey's point and he is totally in agreement with her. The Assessor has to understand that in order for us to make any change in this budget to get a balanced budget if we do not cut her office we have to make further cuts at the Township. The policy issues are where else do you go for the cuts. Ms_ Eckersal asked what is she to do with her office, she has no money to do anything. Alderman Moran said legally we cannot pass a budget that is out of balance. This being June 5"' we have 25 days in which to pass a balanced budget. Alderman Newman asked if we don't agree with the Supervisor as to a budget and we do not pass a budget, what happens to the money left in the Town Fund, without a budget can the Township office draw against the Town Fund. Ms. Payne said they could get the funds due them in November but they would have to borrow to get them from July to November. They're now getting funds for last year's money. Mr. Stafford said in order to borrow that money it would require a positive vote on behalf of the Trustees as the budget strings go back to the Board of Trustees. Ms. Payne said she understands that but do they borrow against the anticipate November taxes or disband in July. Alderman Rainey said that would certainly be at the expense of the clients as they are the focus on the entire Township issue. Ms. Payne said the clients are not the focus because if they were some action would have been taken on this long ago. Alderman Newman asked committee members' thoughts regarding eliminating the $11,000 salary increases. Alderman Moran was sympathetic to this and does not disagree with doing this, but finds this difficult to respond to because there are difficulties in every step. Alderman Rainey asked about the people going to be let go, she would rather see the Supervisor come back with some alternative programs where the effect is not so harsh across the board. Alderman Moran asked for a motion to recommend the budget consistent with the discussions incornoratina the amendments suggested to the proposed budget. Alderman Rainev seconded the motion. Alderman Rainey asked if that precludes the Supervisor substituting for the recommendations, to which Alderman Moran said it does not, this is a recommendation going to the Trustees. Alderman Newman asked when will this be on the yellow Council agenda to which Mr. Terry replied it will be introduced Monday, June 1211' when the Township budget public hearing will take place, and will be voted on at the June 26'" Council meeting. Alderman Newman thought a lot of discussion is needed as the rest of the Council members Fc obably have other ideas and he would like to hear what they are. Usually something is introduced without d scussion but this is a different situation. When we go to the entire Board of Trustees, the Chair of the Humans Services Committee will ask for a time and plan with the Mayor and the City Manager to spend some time on this. Ms. Eckersal asked if there is a way she could meet with the Trustees prior to that meeting as it would be beneficial for them to know more about her situation and was told she can do whatever she needs to do. Pace 7. Alderman Newman had another point he wished cleared up before the June 12' C.oun 1, rneettri;i In readi ' the rules he read all nine Aldermen and the Mayor are Trustees and believes the Mayor dcess vace and we have been mistaken not having the Mayor vote on Trustee issues. Alderman FLainey thcx-mtr, tre Mayor does vote as a Trustee. Alderman Newman asked that issue be clarified by the La,+• Departsnert. Alderman Moran called for a vote on the motion to recommend the proposed Towrrs.hip budget, motion unanimousiv gassed. 0-01. Alderman Moran noted this mctcm ►vill be fcr.--ru:ar•.ed as a recommendation to the full Board of Trustees for introduction on June 127' He suspects C`tere will be a broadened discussion on this at the time of introduction and it will not be voted on by ordinary a Until June 26'h He thinks it is the sense of the committee that any and all work that car be done %%itn respect to this budget can be done between now and when we have to act cn this and are thinking to engage everyone in this effort to try to do what we can do and what is responsible. Alderman Newr.-.an asked the C'naizir when he gives the report for this committee to stress the point that maintaining the grant Level and the cL.rsent medical pay outs is the highest priority in terms of coming to recommendations of the essence of this-notaon. It has to be very clear that the recommendations made maintain the grant level and the medical payments, Alderman Moran said that is the way it will be reported. IV. CONSIDERATION OF THE DISPOSITION OF THE EVANSTON ARTS CENTER COACH HOUSE Alderman Engelman had a separate issue relating to the Coach House that currently our Environmental Association operates a program out of one of the fog houses in the Lighthouse Commons. The Lighthouse Park District owns and operates the Lighthouse structure and the fog houses. It is the attempt of Lighthouse Park District to get the funds to complete the renovations of our fog houses and turn that into a program to use for their own purposes. That will mean displacement of our Environmental Camp under the direction of Linda Lutz of our Arboretum. He mentions this because it is all part of the same complex, the Coach House and this committee is working on alternative uses of the Coach House. He knows the Environmental group is very concerned about where they are going to operate their camp. Peter Gordon, Director of the Evanston Arts Center, recalled at the April 3'° Human Services Committee meeting they were asked to proceed with work to develop a plan where the Evanston Arts Center would look at the uses for the Coach House and report back at the June meeting. Mr. Gordon introduced Joe Behles, a Vice President on the Board of Trustees, to show the committee some drawings and give an update on that report. Mr. Behles said since that meeting it has been a limited process they have only just completed being able to get in and look for drawings of what existed for the Coach House. He had one preliminary meeting with the Steering Committee at the Arts Center and they did not get anything more. At this point they cannot tell you what they think is the best use of the structure. At least they have measurements and have plans of what it is. They will certainly keep going. Alderman Moran's recollection was the committee communicated to the Arts Center group that attended the Human Services Committee meeting, we'd give every consideration to the request to expand into and throughout the Coach House anticipated development of further detailed plans and programs The item that stands out in his mind was a situation that came up at the request of the Board for the committee to recommend to the Council a transfer of title or a long term lease arrangement. The committee expressed some agreement with the idea of seriously considering that. At the time there were some financial issues raised and the committee was anxious to get further information and an indication from the Board on the economic feasibility and if whatever plans they came up with were demonstrable. At that point the committee and ultimately the Council said if they were to recommend an entry into a long term lease with the Board for the Coach House we would do so on the financial understanding that this was essentially provided for. Obviously our concern was entering into a long-term lease and then finding out that there was an inability to complete the work and develop the programs you were contemplating at the time. Perhaps you are not prepared to address that tonight. Alderman Newman said, as he understood the Arts Center people asked to be on our agenda for this meeting. He expected a written plan as to what Improvements were going to be made, hcvr they were going to be paid Page 8_ for, and then we would get into the issue of the long-term !Lace. Ho's ve idy to talk about that wthen we ge,- the plans. Alderman Rainey remarked, as they explained their reason %vas they were sidetrau--Ikzd because when they went to get the drawings of the building there were none and they had to e;er.d their time recreating the drawings to find out what this building is. If the arts Center had told us this tl`ey would no have had to attend this meeting. Mr. Behles said they have a new director .nice they were h-e-e in April, Mr. Gordon, who has done a wonderful job trying to get up to speed, but this is practically new info-m:acion for him They will come back in two months or whenever they have the plans to sut r,,,d to the commi"tee. Mr. Gordan said they have broken this project down into steps so that nobody's time or maney is wasted. It is being done sequentially and if we don't feel we can move to the next step then that is r%,hen we'll come back. We have the drawings and the next step is to develop a workable program, the step after that is to cast it out with Mr. Rubin and help from departments of the City. The time to come back and w ,ll be when we have the program and budget figures. Alderman Rainey thought the committee should receive monthly updates because at the moment this property is being held off the potential list for your use. One of the things she knows was discussed, at great length, was, you were fiscally capable of taking this building and the running of it. Died she just hear something about our having responsibilities here that cost money, such as our staff time. Mr_ Gordon said, no, they just warrt to be sure that the City owns the building. As we progress we would like to be in communication with Mr_ Rubin to keep informed and aware of what is going on. Alderman Moran wondered about what Alderman Engelman said and the timing in relation to your ongoing efforts and the Environmental Camp, how do those reconcile or not reconcile. Mr. Rubin said in fight of the fact it was mentioned that the Lighthouse Park District was going to pre-empt their program, which they have already perceived to be as such, we have money coming in from that progra-n. He does not know when they are going to start this grant and when the work will commence. We have to find a place for that program. Alderman Moran said that was his initial question, is it clear this work is going to progress on a time line that will knock out the ability to have this camp. Mr. Rubin did not have that information. Alderman Moran thought we need to figure out whether there is a preclusion or not, if there is preclusion it then becomes a question of finding an alternate site. It we cannot find an alternate site he does not know what we will do perhaps make refunds and tell people we're sorry, but not keep them hanging. Mr. Rubin did not think the Arts Center program is going to be ready to go through this summer. In a panic situation we will get those campers inside on the first floor of the Arts Center Coach House, it is empty, also the Greenhouse is available. We have a fallback position and he will discuss this with Ms. Lutz. Alderman Moran asked Mr. Rubin to inform the committee of what transpires. Alderman Newman did think the point Alderman Engelman made was not very unusual for any of the camps and the person to talk to is the Director of Parks and Recreation. As an example, the Arts Camp got kicked out of the Noyes Center for a number of years and they made a deal with Orrington School to put the Arts Camp there. Alderman Newman said Mr. Gaynor will come up with some imaginative ideas for this camp to which Mr. Rubin said keep in mind Mr. Gaynor will use his department to do that. The program is working because of Mr. Rubin's department. Alderman Newman said his point is if they wanted that site permanently the Coach House is not in any shape for that camp. Significant modifications would have to be made to that building. Mr. Rubin said we could paint it white as long as we don't make any code changes it. It's a fallback that we don't have a lot of space available in our City in any of the buildings. Alderman Newman said then if we wanted to use is as a fallback this summer we could do that. Alderman Moran said the committee will look forward to the Arts Center Coach House progression and their work and plans, and will see the Arts Counsel again sometime soon. He asked that when they have progressed sufficiently to contact Mr. Terry and we will happy to have you on the committee agenda again. Alderman Rainey said if you are not ready to come back she would at least kke to have some sort of progress report sent to this committee. Page 9. V. CONSIDERATION OF A CITY GUN BUYBACK PROGRAM Chief Kaminski wanted to point out some of the issues regarding this program to make sure they are doing the right thing in the event somebody criticizes them for violating our ordinance or procedure in what they do, and any lawsuits they migl;i, get involved In. There are ways to work around this and will go in any direction the committee wishes him `o go. Alderman Moran said just having receiving the Chiefs material over the weekend, he has not had an adequate amount of time to actually think about it but an issue was raised that he never had thought of in relation to this program that was a bit troublesome to him. It was the identification to the weapon issue. He suaposed that operating under the all the things are possible of the universe theory with non identification of the donor or submitter of the weapon it is conceivable that one of these weapons could have been used in a serious crime. in this seizure or turn back programs some of these weapons are destroyed, to which Chief Kaminski said they are all destroyed. Alderman Moran asked Chief Kaminski to comment from the law enforcement standpoint what risks we might be running with respect to that and how he would access those risks. Chief Kaminski said any gun you have you'd like to be able to develop a lead on, Right now every gun we get we get a tracing on, every gun has a history. When talking with people from ATF trying to find out where the trafficker is the only ways to find that is to find out the history of the gun. To plot the history of the guns is to find where they're going, where they're being bought, and try to figure out the traffickers. If you get a gun and you don't have an identity to where you got it from you lose the first step or lead to trace it back. There are pros and cons if you want to get guns off the street, people want to turn in guns but don't want to be identified in case something may come up, making it a double edged sword. You try to do good but in so doing you may have a negative on that. Alderman Moran said in an extreme scenario if somebody committed a murder with a weapon that was being turned into the buyback program, and the person found an intermediary to tender this gun for say a $25 gift certificate. The gun was put in the kiln and melted down with others, and given you still might not know the identify of the person who tenders the gun, is there something that can be done to keep the identification number. Alderman Rainey asked why a gun that was determined to be used in a murder would be melted down. Alderman Moran said that was his question is there still some law enforcement effort that can be brought to that weapon if it were determined to have been used in a crime. Chief Kaminski said if somebody turns in a gun, after they leave its going to take a while to do the trace. If you need to connect this with the person who is giving you the gun you're not going to be able to do that. In some departments they take the guns with no questions asked just to get it off the street, and in the long term some evidence may be lost but what's the long term benefit of getting more guns off the streets. He does not have an answer for Alderman Moran but the program is never going to be 100% fool proof. The benefit objective of the program is for the long term good and hopefully you can achieve that goal. Alderman Rainey's first comment to the information received in the packet from Chief Kaminski was, sounds like its just too much trouble". She thought the tone of Evanston's response was Chief Kaminski's and Commander Wernick's comments, its too much trouble and there are all sorts of reasons why not to do it. In fact we have a lot of information from other communities that did it. it does take some time and some effort but she thinks sending people out on a man with a gun call also takes a lot of effort. While it might be time consuming it is more than a doable program and the question she would ask, which is far more important in her mind than Alderman Moran's question, is what about the gun in the household. It is an unwanted gun that is found by a child who shoots his baby brother, or its stolen and used in all sorts of illegal activities. What about that gun that we don't allow to be turned in as opposed to a gun that is turned in that was already used to commit a crime, which is exactly the point here, guns are used in crimes especially hand guns. Guns are for the purpose of killing people, intimidating people, doing all sorts of bad things, some people think they're used for protection but she is not sure how many stories there are about private citizens actually protecting themselves. She went to the Million Mother March at the lakefront and it was interesting to see some of the NRA signs. The purpose of guns is to harm people and a lot of people today have guns they realize they should not have, some do not feel comfortable turning them in. The press came up with an interesting statistics, about people who have recently been denied hand gun licenses because they couldn't pass the investigative check, that number is 200,000 plus. That is 200,000 plus people looking to get their hands on an illegal gun because they have been rejected to get a legal gun. If we don't pull this off we're making a Page 10. tv terrible mistake. Cook County took in 53,000 weapons in six days, she does not care if half of them were antiques owned by little old ladies, it doesn't matter what they were. She thinks this conununizy would very much support this program and does not think we should get identification, we should not try to recreate the wheel but fashion it after the way the other communities have done it and do it very soon. Yes we're not going to get the gun toting 18 year old gang member to turn in his gun, but the gun the gun toting 18 year old might be carrying could have come from a house on your block. For that reason she highly supports this program. Instead of figuring out ways its going to be impossible or difficult or expensive to do, we should figure out a way to do it. She thinks we should give out gift certificates, not from Dominick's, to buy back these guns. She also thinks Northwestern should pony up on this program, it would truly be an ideal contribution for them to make to this community. Alderman Newman did not think Northwestern University has any intention of ever ponying any dollars for anything that may be as worthy as this program is. He agrees with Alderman Rainey, its something they should support but they are still in the philosophy if they don't use the service they're somehow different than all the other owners of property in the City that don't use Paramedic or Police service but none the less have to pay for that service. His problem is he supports doing the gun buyback program but is worried if the staff doesn't support something they don't do it wholeheartedly. Alderman Rainey said she has felt the same way, all along there is no support from our staff. Alderman Newman said he sees the same thing Alderman Rainey is pointing out and what he is frustrated by is a $14,000,000 or $15,000,000 budget in the Police Department and having some very serious problems going on but we do not seem to have the ability to focus those resources exactly where the problems are. He thinks there should be a two -man car on Howard Street from 4:00 p.m. to 4:00 a.m. but does not see anything being done. What does it take, a resolution from the Council to take the appropriate amount of staffing needed. His reading of the material received on the gun buyback program says it would cost too much overtime, we're going to get sued, yet other people are doing it. He wants to get focused on what the problems are when all we're hearing is about gun shots going on. Alderman Moran said to be fair and put this into context we asked Chief Kaminski to get us materials about other programs that were conducted, which he has done. We also asked him to give his input in relation to what it would take to put a program such as this together and he has given us his commentary on that. His memo hasn't said he won't do it nor we can't devote these resources if it's the consensus to do that, but he does think the Chief has given us what we asked for in simple terms which is his comment on what it would take to do this. Chief Kaminski said in all fairness to him, asking him to get information he gave you a balanced approach on what's out there. Programs that worked in some communities and some issues that were raised. He didn't want us to go into this blindly and come up with problems or have lawsuits come back to him. We can probably do this program with the clergy. He just wants to know what direction you want him to go, do you want him to use City funds, try to get private funds, do it as some of the other programs are with the clergy, he'll do whatever you direct him to do. He does not have a problem doing the program and takes exception that you don't think he takes a strong stand on guns because he deals with and supports a lot of programs about guns. Just tell him what direction you want him to go with the program and he will be glad to do it. Alderman Rainey recalls Alderman Newman's motion that we set aside $50,000 for a gun buyback program and the Chief should come back to us with a program. Chief Kaminski said if he wasn't supporting the program he would not have put positive programs in the material. He just wants direction of what model you want us to follow. Alderman Rainey thought since it would be the Police Department that would oversee this no matter of who was collecting the guns, she prefers not to have the clergy do it. She would like to see some initiative on the part of the police to make it known the program is going to take place and believes if Fields, Target, and others who gave gift certificates in other communities they will certainly do it here. They don't know that we want to do this so how can anybody come forth and make the commitment. From all the noise she has heard lately about the commitment of the Evanston Community Foundation they'll certainly come forth with several thousand dollars to aid in this effort. How could somebody not want to support this unless they're in charge of the gun committee of the Ubertarian's. Chief Kaminski said providing he knows the process that you'd like to do so that he does not do anything that's incorrect or gets us in trouble as our Page 11. ordinance has a provision. Alderman Rainey said she already wrote the amendment to the ordinance, '...except in those cases of authorized buyback programs by the City of Evanston.' Chief Kamirrskj said that is fine he is just trying to make sure we're taking the steps that somebody does not come back and criticize him saying he's violating his own handgun ordinance, which somebody can always do that_ Alderman Moran remarked the position can be taken that the federal law suit that has been fled is a mistake -I effort on the part of the plaintiffs, but from his perspective it's a good thing that Chief Kaminski called to our attention that we have groups filing law suits over such things. What Chief Kaminski is saying and what hp - believes to be the case is we can make up our own mirA about these things, he's given us informatiGe3 Pertinent to this and its up to us to decide how we want to go. Alderman Newman fully appreciated all the comments in the material but the comment he found a bit on thRe negative side, and he's not being critical about it. was Commander Wemick's that the administrative process would require a great deal of overtime to coordinate and operate a gun buyback program in the City cf Evanston. In addition to this information he thought we were going to get the costs. Chief Kaminski said he did not put in any costs because those costs were based on what we found out from the county. AIderman Newman assumed if this was done right and we had a problem, part of implementing the program would te to amend the gun ordinance to take into consideration your concern at the suggestion of Alderman Rainey. He thought a resolution was passed by us and we were wiling to look at $50,000 for a buyback program. Tt�ee issue raised in this memo is it would is imprudent for us to foresee the law suits on file. Chief Kaminski said that is why some of the other communities got the religious institutions to donate the money thereby getting the cities out of it. The cities working with the clergy was a conduit that worked to eliminate that problem and what he is trying to point out is there may be some avenues that achieve the same goal and it may be more cost effective so the City does not have to contribute money. If that's what you want to do he'll be glad to pursue that line. Alderman Moran said from his perspective if we decide to have a gun buyback program he is interested in finding out how it can lessen the financial impact on the City. If the Ecumenical Action Council or the Evanston Community Foundation or any others are all potential donors to this effort he's for that_ Alderman Moran asked Chief Kaminski if there is some way we might devise a model for the program where we could do a test to find out how effective the program would be in bringing in guns and use that as a measuring stick for us. Chief Kaminski said he would do a full-scale program, a pilot program, whatever you' d like to do. He has a clergy meeting tomorrow and he can ask them if they would like to participate in this, if not he'll do it strictly from the Police Department. He just wants to make sure he's going in the direction the committee wants him to go. Alderman Rainey said that is totally not the direction she wants him to go, she does not want to do tests, samples, or experimental cases. How long can this be dragged out. Alderman Rainey asked Alderman Moran whether he is for or against this program, to which Alderman Moran replied it depends on how much it costs. Alderman Rainey said how much can it cost, once we put out the word we're committed to doing it we'll get contributions from people will want to support it. She is prepared to take taxpayer dollars in the amount of S50,000 and set it aside and can only hope we would have too many guns and run out of money. what a horrible thing that would be. Alderman Moran asked what was used as the measure of the $50.000 figure, haw was that arrived at, to which Alderman Rainey said she did not come up with that figure Alderman Newman did, it's a nice round figure. She hopes we would run out of $100.000 if we gave $100 or $75 gift certificates to everybody who turns in a gun. If you want to drag it out. if you don't want to do this program, just say so. She has just about had it with the discussion and she will go out to people in this community to rally them around this issue and convince Alderman Moran this is a good thing to do Alderman Newman certainly believes that will happen and just threw out S50,000, it was not a scientific figure. There are problems in parts of this town that have to be addressed and he shares with Alderman Rainey not to study this for a year but supports her effort to get a gun buyback program in place right now. Maybe it won't be the best program in the world but it will certainly be an initial effort being made in the critical areas we have to address now that isn't being made. Alderman Rainey added she does not want to throw this on to some other groups, these ministers been have meeting for several years, why didn't they come up with the idea. She thinks its time the City takes a leadership role on the issue of crime, something we have not done. Page 12. Jr This entire country is making the statement that guns area a negative in our society and she wodid 'like to see the City of Evanston catch up ►rtth the rust of this country and make the n)e statement. She's proud to be in favor of this and thinks when it comes to presenting this to the Council ar,,ybody who has any prams ► Ath it should vote no. This is one of those issues you're either for it or against it She unders`ards' there are a lot of people in this community. and in this country, who are very pro g•.ins and she urder,=nds that is certainly their prerogative, but there are those of us who are not, who don't believe people'SnCLIld nary guns and believe that any guns not being used by law enforcement should be tamed in. Alderman Moran said some time ago Alderman Rainey brought to this cowmittee an initiat'sle to wark on anti crime measures in her ward on Howard Street that was not unnnimct.-Sly supported t y pe:)ple on this committee and he supported this. For instance, Alderman Rainey's expression of concern about police resources in relation to Beat 78, and wanting to get more police resources there are all issues weloen together. There is an economic element to every one of these. which is the reason he asked Why 550,000 was chosen as an amount. What we are being told about the gun program is there would be a substantial commitment that is going to have an economic impact to delivery on this program, From hrs per-spective that means we have a responsibility not to just say you're either for it or against it. He feels he has an obligation to examine every program available to us and make some considerate judgement about how e�ffective that program would be. When you recognize if you're going to forward with the program you are taking resources away from other law enforcement efforts that we're making in town as he heard Alderman Rairpey say many times are deficient down in the Beat 78 in that area. He does not know what we can do for SW,000. it is our responsibility to look at all the serious issues, but this is something we should took at, be analytical about, and figure out how much benefit it gets for us. Alderman Rainey said she was first elected to the Council in 1983, and does not think she has established a reputation for herself as being irresponsible and a spendthrift and totally an ignoramus when it comes to budgetary matters which is really the little lecture just given her. What was just said by Alderman Moran went in one ear and out the other because she has spent every bit as much time, if not ten times more than him analyzing numbers having to do with expenditures and revenues in the City. She does not have to be told about how we go about determining the cost of things, where we're going to get the money, where we're going to take it from, and how it made the allocation of resources scarce, etc., etc., etc. Alderman Newman said if the Chief were to come back with numbers on a gun buyback program we could begin to implement then we could find out what we were taking away from, if we were taking anything away. We're in the middle of the year and if this program has merit, which he thinks it does, what will happen is whatever the budget number is it will be in the budget next year and we wi11 begin to implement ii and maybe at that time you will want to say as one member you don't want to vote for that additional program in the Police Department and will be able to do it. But if we don't start working on developing the program the potential for having this additional initiative will not be there. He does not think that anybcdy who votes against this is anti gun, but he does think if somebody wants something to happen now and in Lhe immediate future we can't go through all these studies without coming up with a gun buyback program. The sense of Alderman Rainey's comments is that she would like to get going now and he shares that and joins with her wanting to move forward. The next step is to come up with a budget which we do not have. Alderman Moran agreed with Alderman Newman about developing the program, which is the point of his comments. The Chief has put before the committee several models of programs with a large of range of considerations on how to go about this and we need to put some details to this so we know what we're voting on. He never said he disagreed with this, all he said was he'd like to know what it is we're doing, which is what the Chief is also saying, we're in agreement. Chief Kaminski said he'll take care of the program but wants to know if he should do it independently from the City or try to partner with the clergy. Alderman Rainey said the Chief can do or recommend whatever he wants on that, but she is very much opposed to using the churches in this program. She is aware a lot of the communities across country have used the clergy as she has printed much more material out on her computer than was given the committee. There is no problem with the police clergy team assisting with this but thinks Pare 2 the City of Evanston should take the leadership over. She does not want this to get into a poll icar issue with 4.11 i the churches they can be supportive and we should welcome their support. Hopefully they wilt encourage all of their parishioners to turn in their guns when we have the buyback program. Alderman Newman agreed with Alderman Rainey regarding the clergy participation. The police are the experts and he wound fike you to the best program you can put together at a reasonable cost to go somewhere on this and wound also like to have a budget on the program. If there are aspects we need to do that will cost more he would like hose options. Perhaps there will be a policy directive from the entire Council to do a gun buyback program and he would like to invest money in it and get it going. Alderman Rainey said once we have that it -evil[ be an attraction for other kinds of support. If every community in this country does a gun buyback program it will be difficult for the Libertarians to keep up with it as communities will ban together. Chief Kaminski asked to be able move forward in the process and ask Council for an amendment to the handgun ordinance. Alderman Rainey noted as the ordinance reads, ` ... in no circumstances shall the police pay for gums*. all the ordinance needs is to say, "...except in those cases where there is a City authorized gun buyback program". Alderman Newman had some staffing concerns he wanted to address on the agenda regarding Hovrard Street and other such issues. He would like to be able to have some of the committee's time to immediately deal with those issues within this budget, within this summer, He is willing to do a special meeting as he wants to have this addressed as soon as we can and would like to schedule something with the committee and the Chief. He sometimes gets frustrated, not only with this department, but as a member of the Counc7 when an idea originates on the Council sometimes he feels it is not greeted with the same enthusiasm as a staff idea. If he is mistaken he apologizes, but he has an expectation and suspects if Alderman Rainey's gun buyback program is adopted by the Council there will not be enthusiasm, he is not directing this at the Chief. Chief Kaminski appreciated Alderman Newman's apology and said everyone knows for the many years he has been around he tried to do a good job to address everybody's needs. He works very hard to try to do whatever you want him to do. All he wanted to do was to make sure all the issues on the gun buyback program were out there so he does not get criticized when something goes wrong as he's the one that will take the heat and does not want anybody here to catch heat. He will do whatever he can to make the best program and give you the best service possible as he has always done and will continue to do. Alderman Rainey asked how can we be honest with each other if we don't say what's on our minds. The memo from Commander Wernick was a real downer, negative, perspective. She has experienced this for the last year on the outpost issue, she's been told we don't want another City building, we're waiting for you Alderman Rainey, not one thing has happened on that outpost issue. She is feeling the effects of staff negativity, it's a drag, it means things vnll not happen as they should, it totally controls whatever the issue is. If it is staff generated it doesn't happen that way, but if Aldermanic generated, when we're doing what people want us to do, then we have these problems. Chief Kaminski disagreed with Alderman Rainey because they take all the issues very seriously, its just trying to get everything done. Its frustrating for him regarding the outpost, if he could go there himself and get a contractor he would do it, he'd fix the outpost up, knock the wall down, put the windows in, but he is not able to coordinate getting all the things done Alderman Rainey said she was not saying it is necessarily the Chief of Police, it is City staff in general that prevented this from happening. Alderman Newman thought an extra $200,000 was voted for this program. Alderman Rainey said it is purely a foot dragging issue, we have free architects, free engineers, all free bathrooms, free painting, free demolition, free roofing. All d takes is somebody to coordinate this, it is not going to be a $6,000 a year Alderman. We work 50, 60 hours a week for $6,000 a year, she has done everything she can. Also, she does not want to run the gun buyback program, she wants staff to say if this Council passes it we are going to take this and run with this. Chief Kaminski said an outpost is S210,000 because he got a $10,000 donation for that outpost that nobody asked him to get through a grant as he was concerned about trying to get resources for that. Everybody is working f to get it done if he was a contractor he'd do it himself. Alderman Rainey said nobody talked to a contractor that is her problem. The reason she is so eager to talk about this because she can't get anybody to talk to her about it. She asked Mr. Rubin tonight about the outpost and hour later he said he was going to have some information for her now. It is important to have these conversations. Chief Kaminski said rrw're trying Page 14. 4V to be objective not knowing what you want us to do, now we know your direction and writs take care ofrt. Alderman Rainey said everyone will be amazed at the support this will get_ VI. POLICE CHIEF RESPONSE TO COMMITTEE REQUEST FOR OFFICER DISCIPLINARY ACTION Alderman Moran reported the committee received a memo from Ms. Brenniman that incorporates a series of memos which interprets this as the committee being able to hear who it is and what the discipline imposed is but if it is personnel it needs to be done in Executive Session. The Human Services Commir-ee. members were all in agreement with these findings. Chief Kaminski asked if that is something the committee really wants to know. Alderman Ne-mman's and Alderman Rainey's response was they're not interested in the officers' names nor are they interested in every case. Alderman Moran said he does not feel the need to know the specific officer identities nor is it necessary for him to even know the sanctions. He asked in what form the other committee members want the information. Alderman Rainey's concern was about a specific case that seemed to be especia!ly abusive of power. Alderman Newman wants to be able to say if there is an oversight on a particular problem when there have been some complaints where there are sanctions, wants to feel in his mind that, the sanctions are appropriate. In the case Alderman Rainey's is questioning, if that officer got a one -day or three-day suspension that would concern him and he would like to be able to hear the reasoning in Executive Session. He gave an example of a police officer that he believes was a domestic violen;,e abuser ,,%ft went to a judge after beating his wife and swore out a complaint against his wife because he had that power, he even typed up his own complaint. If that case came up in a discipline hearing he would like to know what the sanctions were in Executive Session. He is not going to broadcast it to anyone but wants to be able !.o know when there are criticisms of the City's police department on these issues, when is an officer is brougi A up for disciplinary action that sanctions are appropriate and if the Chief wants to explain the mitigating circvimstances, he just wants to hear what it is. None of this makes any sense to him unless he knows when mere is a sustained complaint what happens to that officer, and if he never knows he's not overseeing anything, and is doing nothing here. In certain cases he would like to know what the results are vMen a complaint is sustained against a police officer, which right now he does not know anything about. The Chief does a great job but he is not the only one who has to respond to the community. There is an extraordinarily low of number of police officers in this town that have been changed with complaints. He wants to know when they are charged and if they are appropriately sanctioned. He has been on the Council for nine years and does not know one case of how an officer has been sanctioned. He's an elected official and in his humble opinion he has more of a responsibility to the City than the Chief or Ms Brenniman has to the 73,000 residents of Evanston. He does not know why we cannot be told this, without the name and any other safeguard, in Executive Session. Chief Kaminski wondered how this is going to be perceived by the Union if they find the likelihood of mentioning the name and discipline of a C.R. in an Aldermanic Review. We have a confidentiality policy about officers and their disciplinary records. Alderman Rainey said it is not a review and should not be looked at that way, We're elected officials and have that authority. Chief Kaminski said the disciplmary records are not released or transferred to anybody especially if it goes to arbitration or they are grieving i. Alderman Rainey thought maybe then it should be verbal. in the City of Chicago there are Aldermen who run the personnel department, this is a municipality, maybe it's different in private industry. Chief Kaminski noted historically this involvement has never been done and when the flag goes up and it becomes known it may cause some Union concern. He can understand not knowing the officer's name and wanting to kncv; the disposition. Ms Brenniman has clarified that you are entitled to this but he is just being cautious when you begin identifying people and punishment. Alderman Rainey noted the reports previously were very vague. Alderman Moran remarked that Ms. Brenniman stated the committee is entitled to this information if they want it . He has done this for nine years and has seen it come forward, it's Chief Kaminski's responsibility to do this and he has faith the Chief does a good job. He asked Ms. Brenniman if the committee had one of these Executive Sessions and after the Chief had imposed a five day suspension on an officer that he believed should have received a twenty day suspension for what he did, but he does not have the authority to impose that extra punishment. Ms. Brenniman said that is correct you can give your opinion but the decision for Page 15. discipline is with the department head. Her memo refers to a Resolubcn, as she specifically anticipated that issue, and the memo reads, 'Nothing contained herein nor any activity by the Human Services Committee shall restrict the Civic Service Commission, the City Manager, the Chief of Police, or any other body in the rightful exercise of their lawful powers and responsibilities.' Alderman Moran said tin opinion can be expressed, but the action taken is determined by the Chief. His own view of this is it can open up a can of worms. We're entitled to the information and what the Chief is asking is not a question of what you can't do, but a question of what makes the most sense under the circumstances. Alderman Newman thought the review of these complaints is a very legitimate function for citizens, and we are not only Aldermen but we are also citizens overseeing what the police department does. The point raised about what might happen is exactly what he does not want to do, he is not looking to get into a discussion with the Chief about his discipline. This is a terrific Chief but maybe when the Chief is not so terrific he would want to talk to the City Manager about whether the amount of discipline in the police department is insufficient, something that he needs to work on with the department head. Alderman Moran interjected Ms. Brenniman has already said you can have that information and there is no dispute about it. Alderman Newman was pointing out he has no plans to engage in a discussion with the Chief but to ask him to revisit the action. He's not interested in the name and is also not interested in the Union's ob�--ctions because when the Teamsters want more money they write to the Aldermen so they better be prepared to have the Aldermen exercise their job. Bringing both scenarios to the Union with the name and without the name, if they're going to have objections he wants to hear if they're going to object and what they're objecting to. Alderman Rainey said she would rather get the official explanation than the Union leaks. Ms. Brenniman pointed out any discussion would be in closed session and whatever is discussed in closed session remains in closed session. Alderman Moran asked for clarification of the committee's perspective on what they want Chief Kaminski to deal with, is it that there should be routine Executive Sessions after every citizen complaint or just pertaining to particular cases, is it the committees desire to deal with this on a case by case basis. Alderman Newman s expectation is if a member of the Council has a sustained case and wants to know what the discipline was, the Chief should be prepared to go into Executive Session and explain the discipline if that is requested by an Alderman. If no Aldermen asks there will not be any discussion nor Executive Session. VII. CONSIDERATION OF ANTI PANHANDLING ORDINANCE LANGUAGE In view of the fact there was not much information given the committee in terms of what was discussed at the last meeting, Alderman Moran said perhaps this committee and staff needs more time to collect our thoughts and bring more to the table on this issue. Alderman Newman brought up the beginning of a project in November, in the downtown area, and part of its success depends on having a street presence. Unless things get straightened out in the downtown area, which has not been done over the past four or five years, he can't imagine opening up any restaurants in that complex with people trying to dine in sidewalk cafes and the aggressive panhandling going on. He would like to get a handle on this before November. Alderman Moran asked if this item could be scheduled for the July Human Services Committee meeting and rather than do it piece meal it might be best to address it comprehensively at the next meeting. Alderman Newman was in agreement if Ms. Brenneman will have an ordinance that we go forward with at the next meeting that deals with what the sense of the committee was on this. He would also litre to have the people from Evmark and the Chamber of Commerce present at that meeting. Alderman Newman asked who is handling the signs in the City of Chicago and was informed the police department out of the CAPS Program. He thought we have to kill the demand and would like to hear Evmark's and the Chamber's ideas on demand. The question, what is the demand, arose to which Alderman Newman said the sign says don't give to the panhandlers and evidently we're giving money to the panhandlers so these hard core guys are collecting money. The sign encourages people not to give and tells them to make donations to the Homeless Shelter or a church instead of giving directly to the panhandlers. Ms. Brenniman had an opportunity to speak to one of the Corporation Counsels in Chicago and interestingly enough the word from them to the police department is not to enforce the ordinance because they are concerned that it might offend the First Amendment. There is a case in New York that raises that issue. She was told by the attorney unless they are doing something more than Just asking for money, such as blocking Page 16. the way, being aggressive, or touching people, something more th;An lust asking for money. Vhe police are being told not to enforce the Chicago ordinance. There has not bee an any challenge to the ordinance. Chief Kaminski said there is a difference between a fins only ordinan,,% .,nd a jailable offense. That makes a big difference to us something he had discussed with his. Brennir,-,an. i'Vhen we get a fine on' y ordinance we can only issue a ticket. Alderman Rainey interjected that no City o dinance is jailable to which Chief Kaminski said the handgun ordinance is jailable. From his officer's : rS Ctive3 tie has some rues with the Judge about when they have been arresting people on an ordinanc,% violation and they can't pzst bail when it is a non jailable offense, we then have to hold them in the lockup. He and the Judge have been going over the difference of opinion on that and he cannot get an answer, lhte-ri the best way to it is have the jailable offense. He mentions this because this is an important enforcervent f•�r the officers. Alderman Newman asked the Chief if he agrees that the downtown area has some very hare: core people and there are several who are very aggressive. Chief Kaminski said they are hard core znminal with records. Unless we get a complainant we can't go for assault or disorderly conduct but the o.licers can't arrest without a complainant and the complainant usually doesn't want to cooperate and is reluezant :a get involved. Alderman Newman asked why can't an undercover officer observe what's going on, which is another thing he wants to work on. The committee agreed to have this issue on the July agenda. The committee indicated they would like to get a response to Alderman Rainey's memo on Police staffing and make that part of the July discussion, also include any other Aldermen questions about Police deployment. Alderman Rainey asked Chief Kaminski where the police came from the night she called 911 to get the police to Custer. Chief Kaminski said they came from all over. He wanted to inform the committee of what is being done with the Summer Plan. There are two extra cars at night from 8:00 p.m. to 4:00 p.m. on Beats 88 and 89. He isolated them, one is at Simpson and Dewey within a block or btock and a half radius, the other is on Custer and Howard also within a block and block and half radius. They are not to be called out of those areas unless all the other cars are tied up and they have to be used for dispatch. The Summer Plan is addressing the problems especially in five hot spots in the City. The Aldermen requested a more in depth report on this plan to be given at the next Human Services Committee meeting. Vlp. CONSIDERATION OF TOWNSHIP MAY 2000 MONTHLY BILLS Alderman Newman asked how much money is left in the Town Fund, and was told $250,00% the amount that is levied every year for the Town Fund. He wanted to clarify that the Supervisor cannot access that money unless the Trustees sign off on a budget. Alderman Moran added we can pass the budget with that money in the Town Fund but we don't have to transfer it, we can levy to the Town Fund but we have to vote to take Funds out of the Town Fund to put in the G.A. Fund. Mr. Terry said there is an Expenditure line item in the budget, you levy it, then there is an Expenditure line item transferred to the G.A. Fund. Alderman Moran thought there had to be a secondary appropriation the Trustees have to vote on. Alderman Newman remarked from what he has heard the Trustees do not have the authority to make decisions on the programs. What would happen if we pass a budget and the Supervisor says she is not going to implement that budget. Once we pass that budget and say the $250,000 in the Town Fund can be spent any way the Supervisor wishes, and does not want the $250,000 to be let out unless we have an agreement. That was the point Mr. Terry made at the last meeting when he raised the issue of making a split levy with some in the Town Fund and some in the G.A. Fund. Mr. Terry said under Town Fund Revenue and Expenditures there is a line transfer to G.A. Fund where the Supervisor budgeted $400,000 for that transfer this year. The strongest legal case he would recommend is you can cut the Assessor's budget in the Town Fund, eliminate the Community Action Program in the Town Fund, and either reduce or eliminate the transfer to G.A. Fund line item. You would not be touching the G.A. Fund and the Supervisor can have anything she wants in the G.A. Fund, but you're not transferring any money from the Town Fund to the G.A. Fund. Alderman Rainey said the only problem with that is the additional income required is what the Supervisor is showing as the G.A. Fund. Alderman Newman said we are talking about two sets of money, one the $400,000 that does not exist, but there is still $240,000 that exists. He does not want to turn over any of the Page 17. Town Fund to next year's budget unless it's the budget we agree to with the Supervisor, nor does he want to pass a budget where there is a plant to shut down the office, nor he does not want the S300,CW remaining in the Town Fund to go anywhere unless there is an agreement that our budget is going to be adopted even if its voluntary. Alderman Rainey remarked if you are not going to transfer the 5300,000 you have to vote no on Assessor's payments, Supervisor's Community Action Program on Page 16. It also indudes the replacement tax. Alderman Newman said if we pass our budget it authorizes S300,000 of the own Fund to be transferred and if the Supervisor decides to spend that money the way she wants to she can. Alderman Moran agreed we need to have Mr. Terry and Mr. Stafford get some assurance. Mr. Terry noted the transfer is also in the ordinance. Alderman Newman thought we need our awn budget as he finds the Township's budget format to be confusing. Mr. Terry said we will try to have something ready by June 26", we have to introduce their budget attached to the cuts memorandum for this corning Council meeting. Maybe then we can produce a separate City generated budget. Alderman Moran said the focus has to be on the allocation of funds to wtnich Mr. Terry responded if Ms. Payne is not going to cut any of the G.A. Funds we cannot force her to make any of those line item cuts. Ms. Payne retains sole authority to keep the Clerical Trainer, Work Opportunity, amd everything that is funded through the G.A. Fund. Alderman Newman thought we then have to put it forward as a change to the recommendation. Alderman Rainey said since there is no 5400,000 by taking the $3')0,000 we're actually saying they're short $700,000 which is reflected in the change. Mr. Terry explained what Ms. Payne did between the budget originally submitted and the budget presented last week, the Additional Income Required line was originally 5400,000 and reduced it to $300.000. The primary way this was done was the first version of the budget showed a Net Income of $100.000 which she reduced to $42,OCO. Alderman Newman asked where does the $300,000 transferred from the Town Fund go besides to 07e Community Action Program which is only $20,000. Mr. Terry said it goes into the General Assistance Fund. If you do not authorize the transfer you would be forcing the Supervisor to take some action. Alderman Rainey said that was our original argument and then we switched over to listing items. Alderman Moran commented what Mr. Terry is raising is the specter, the particular concern of Alderman Newman, and he is not sure we will be able to get there. Mr. Terry is saying it can be done one way and most people would say that requires the Supervisor to make adjustments in how the money is spent, as she has said she will run the office until there is no money left and she has to close down, something no one wants to see happen. Theoretically, unless the money is there she can do it if that what she wants to do. Alderman Newman felt the grant and medical expense programs can exist under our budget and he does not want to release the 5300,000. Alderman Rainey said his point is very well taken, if the Supervisor continues on this course not laying anybody off or cutting any programs, after five months we will continue to be billed for all the maintenance contracts and whatever other ongoing charges, then somebody is going to get left holding that bag and she has a feeling it will probably be us. Unless the Township goes bankrupt~ we'll have to assume the responsibility. Mr. Terry recalled an alternative strategy that Mr. Hill mentioned, while both law and budget still recommend we pass the budget by June 30'h, there are no specific legal penalties not to have a budget in place or pass a deficit budget. You can meander along without a budget in place particularly before your levy ordinance, which does not come up before December, but the Township will run out of cash in July. The Supervisor will then come back to the Council to ask for another loan to make payroll, which conceivably could be another leverage point where you can say if they want a loan to make payroll, do something because they are then really at a crisis point. Alderman Rainey said the Superwsor would only come back in July for payroll money if she didn't touch the grant money, if she dips into the grant money she last longer which is what she might do. Alderman Newman asked if the Trustees can contra .t w th the City to disburse the grant money. Mr. Terry said the Supervisor would have to contract for that as she is legally responsible for the provision of General Assistance. Anything that falls under the provision of GA. issuing grant checks, doing medical benefits, is within her sole province. She would have to agree to an Intergovernmental Agreement with the City of Evanston for the provision of those checks and the medical system, that is all under her power. Alderman Newman thought it sounds as though we're headed for a train wreck there. Alderman Rainey thought we should do everything we can that's responsib3e- and not put ourselves in the position of not passing a budget. Alderman Moran felt the difficulty we are new in is what's responsible, if we have some strategies to keep the Township operating versus the Supemsi :r's expressed Pace : S. desire to shut it down, unless we give her ails money she wants we should then think aR-c.I d in those terms. Alderman Newman was convinced wte a-e rkt mandated to do the programs we are dccng, those Programs are being done because as a Town ut% r1ave decided to do them. He does not want .3 release the $300,000 in cash and is concerned that if we the budget the $300,000 remaining in the Torn Fund wvi3 be at the total discretion of the Supervisor, wei-, s-a)s she is not going to follow the budget then the budget is almost meaningless. Mr. Terry said you s.-t--%Jc: take out all the authorizing language about a transfer and take the line item out of the amended budge: t-, take the transfer out but reduce the trarteler amount. Alderman Moran said we basically levy buc rgin change the implementing ordinance and say it is not automatically transferred, its reserved. Alden -.an Newnan would want to levy for it but would %+art a provision in the budget that the Town Fund portion will, be not be released unless in the opinion of the Trustees the budget is in balance and operating in balance. A.'cjerman Newman suggested having Mr. Terry suggest the change in authorizing the language. Alderman Moran called for a motion for approval of the Township May Z.000 monthly bills. Alderman Newman moved for annroval. seconded tyv Alderman Rainey. Motion unanimously aaoroved, 13-01. Alderman Rainey had a question pertaining to a s.-nall amount for Prior Resources $195.00. and was curious as to what that expenditure was for. Vill. CONSIDERATION OF LAKEFRONT SPECIAL EVENTS: A. Rotary International Picnic B. Indian Guides and Princesses Campout C. Walk for Hope Alderman Rainey moved for aanroval of all three special events. seconded by Alderman Newman. Motion unanimously passed. (3-01. IX. COMMUNICATION: CITY POLICY ON MURALS ON PUBLIC WAYS Alderman Newman moved to accept that communication and wanted to strike his reference from the Human Services Committee agenda. X. ADJOURNMENT The meeting was unanimously adjourned at 11:10 p.m. Respectfully submitted, Audrey Trots , Department of alth and Human Services Page 19. 4A DRAFT -NOT APPROVED Minutes HUMAN SERVICES COMMITTEE Wednesday, July 5, 2000 Civic Center -Room 2402 7:30 P.M. ALDERMEN PRESENT: Aldermen Rainey, Moran, Newman, Feldman, STAFF PRESENT: Roger Crum, Kathleen Brenniman, Doug Gaynor, Frank Kaminski, Mark Franz, Maureen Barry, Paula Haynes, Jay Terry, Audrey Trotsky OTHERS PRESENT: Mayor Morton, Alderman Bernstein, Terry Jenkins, EVMARK, Jonathan Pemman, Chamber of Commerce; Hollis Settles, Mavis Hagemann, Human Relations Commission; Karen Vroegh, Evanston Safety Task Force; Tony Kelly, Evanston Arts Council PRESIDING: Alderman Moran I. CALL TO ORDER Alderman Moran called the meeting to order at 8:05 p.m. and apologized for the lateness in commencing the meeting as there was a Rules Committee meting preceding the Human Services Committee meeting that ran longer than anticipated. It. APPROVAL OF MINUTES: MEETINGS OF May 31, and June 5, 2000 The minutes of the May 31, and June 5, 2000 meetings were unanimously approved, (3-0). 111. CONSIDERATION OF APPROVAL OF June 2000 TOWNSHIP MONTHLY BILLS Alderman Newman moved for approval of the June 2000 Township monthly bills. seconded by Aldennan Feldman. Alderman Newman wished to congratulate the Township on the 78 clients for the month of June and commended them for doing a great job. Alderman Newman also made the point, he wanted reflected in the minutes, that the conduct on the part of the Executive Director and other Township employees during the last Council meeting when the budget was specifically discussed, he felt he was personally heckled during the meeting by constant comments made by the Township staff, sitting next to him, and there was no effort by any of the leadership of the Township to get it under control. He does not feel any elected official who takes a position that is adverse or construed to be adverse to an interest of an employee deserves to be heckled and almost repeatedly interrupted during any meeting of any body. He would hope that both the Township Director and Supervisor read these minutes. Alderman Newman said what occurred during that meeting was outrageous and there was no way to stop them. Page 1. -V Alderman Feldman supported Alderman Newman and indicated that disrespect to anti member of the City Council is disrespect to everyone. Alderman Newman was doing his job and if it happened to be something that offends or makes someone else angry there is a forum to handle that by getting tip during Citizens' Comments and indicating that. To stream, interrupt, and cat call frcm the audience during a member of the City Council's presentation and articulation of a case in discussion and deliberation is absolutely unacceptable. No one said anyone has to agree with anything but a certain behavior has to be maintained in the Council Chamber and any kind of total flagrant disrespect canna. be accepted by :any member of the City Council which has to be stated. If it means that we call a recess or have a Sergeant of Arms expel these people than that is what we win do. Alderman Newman wanted to clarify he is not viewing this as disrespect if any member of the Township staff or the Supervisor or Executive Director wanted to get up and very strongly, passicnately disagree with positions he was espousing during the meeting he welcomes that_ He welcomes all the criticism or disagreement that interested persons in the community brings to the Council, what he does not welcome is cat calls, accusations of racism, and other accusations, while he is trying to speak to other members of the Council. It was personally unfair to him, as he could not respond, as Council members are not allowed to respond. This was completely disruptive to him as he tried to get through that meeting, especially in view of the close proximity to where these people were sitting to him. Having the Executive Director in may ways leading this disruption was beyond him and he wanted to make these comments very public because he considers the Executive Director to be an employee of the Township, which he is a Trustee of and to him cutting a budget is a routine option that a body has. The reaction of what happened during that meeting was professionally inappropriate, not inappropriate to disagree with the substance of his criticisms, disagree as much as you like, tell him why he's wrong, but don't sit and cat call, interrupt, and make noises at him while he's speaking to other member of the Council which was very unfortunate. Alderman Moran thought it is in the best interest of the City and the Township that all involved in these discussions act with respect towards those involved which would include members of the Council, Township Trustees, staff of both, and in general those in attendance. He completely agrees that acting for the effect of opinions of others and not attributing unsubstantiated comments or remarks in terms of motivations of people is mistaken and should not happen. Mayor Morton asked if the committee was talking about the Township to which Alderman Moran responded the committee was talking about the discussion that took place at the last City CouncA meeting when the Township budget was being discussed Mayor Morton asked if anyone from the Township was present at this meeting and found there was no one in attendance. Mayor Morton said it would be much more appropriate for the Township to have the right to respond and she did not find anything on the agenda relating to this discussion. The Mayor was informed the Item iII, Consideration of Township June 2000 Monthly Bills was the agenda item relating to the Township. Alderman Moran appreciated Mayor Morton's remarks and said one of the difficulties is the Township bills are presented monthly before this committee but frequently the Township is not in attendance at these meetings for these discussions and from his own perspective he wishes they were here. Mayor Morton said they should be told to come, if they're on the agenda they have to come. Alderman Moran said he does not perceive it as his job to tell them to attend, they should come and it is unfortunate that they do not come. He has said numerous times vrhen the matters of their bills are being discussed they should be in attendance but they do not seem to feel the need, which is their right, as they are not required to be here, but they should be here. This discussion took place very recently, these remarks will go into the record and he hopes they will be forwarded to the Township. Alderman Rainey has felt the greatest disrespect for the members of the Township, which is the citizenry, is the fact that the Township totally thumbs its nose at our monthly meetings. On occasion they will show up. She has probably 25 questions regarding these bills and she has had previous discussions with them Page 2. asking them to pease attend, we've all asked them to attend. If an elected of5cial and an Executive Director or one of their representatives from that staff, cannot find the time to come to this Human Services Committee meeting, nor do they attend the Council meetings where these bills are voted on. She is sure they will hear about this meeting and probably somebody will be at the Council meeting. They do not feel any obligation and she thinks the Township has become something that requires a Got scrutiny that we have given them over the last few years. There is a total arrogance taking place in terms of the necessity to respond to questions and things of that nature, something she does not want to get into too deeply because they're not here. It's just not right that they would not come to the one monthly meeting that deals with their issues. One thing that upset her during the Council meeting when all this occurred, as she did not hear everything that went on, was the stomping out frequently of the meeting when something disagreeable or unpleasant was said. That was very unprofessional and obviously these people need some training on political hard ball. If you're going to walk the walk and talk the talk you've got to stay and fight the fight. Their participation in the entire budget process was deplorable and shameful. Mayor Morton thought part of this might mean we need to go back and read the Township Manual. She believes that when you discuss Township issues you should be acting as the Tow nship Trustees. It goes back a long time ago when the Township came before the Human Services Committee they were committed as a Township to the meetings as attendance of the Township was mandatory. That may be far from the way you're operating and we should see how we can improve this. Back in the olden days they were always here and she is sure there is bad blood now. If you were to hear which she has heard, another side of the coin, you may come up with some other conclusions. She thinks its beCer that this is happening here and she's sure she can convince them of that and hopes they can be treated with respect and not talked down to indicting you have respect for them. We've got to get this thing under control and she is going to re -read the Township Manual. Mayor Morton asked if all the committee members have the latest issue of the Township manual. Maybe we better look at that manual and see how we are supposed to conduct Townsh:p business in the absence of the Township staff and Supervisor. She has never heard of the Township meeting anyplace else when the Township people are not there, so if the Township is not here she does not see how you can meet without them. Alderman Rainey said we're here, we're Trustees, to which Mayor Morton said she is talking about the whole process because we're just talking on the basis of what you're reading you're really don't know if there are questions that have to be answered you can't get them until the next meeting. Alderman Moran thanked Mayor Morton for her remarks maybe there are other procedural things that can be done but he does want to make it clear that this committee has always made d clear to the Township and he is confident they are aware the committee has Township matters on the agenda. We have always made it clear that the Township Supervisor and managers are not only welcome but at various times we have said things that should be construed as encouraging about their presence. He does not think we have done anything to discourage their presence at these meetings nor have we done anything to somehow make them una,.vare of what we are doing. Speaking for himself, he can only assume that their absence from this meeting tonight and other meetings we have as the Human Services Committee looking at Township matters they have made a conscious decision not to b-- here. Alderman Feldman said he as well as Alderman Moran have been on this comrr.,nee for a long time and they have dealt with the Township for a long time. He knows, because of what ,,;e had to deal with, how helpful it would have been on many occasions for a representative of the Township to be here. something that has been articulated over and over and over again. and you see the response that we get He believes as you have indicated, that is a conscious decision and nowhere has he ever heard that the reason the Township is not here is because we did not formally go into some kind of a Trustee thing, no one has ever indicated there was any reason of process or formality that prevented people from coming. It's to the detriment to the public business that we're doing that this situation has gotten to a point where unless there is something absolutely crucial that we don't have representatives of the Township here. Page 3. Alderman Newman wanted the record to reflect that Consideration of Township June 2000 Monthly Bills is item 3 on the agenda and to him that means that every expenditure within the bills is subject to discussicn tonight. The Township clearly had, contrary to the impression given by a previous speaker, notice because - they gave us their bills to look at. One of the problems we have had at this committee is that at times when we need to discuss those bills and recommend payment to the Council. the appropriate Township pa,rl employees have not been present at our meetings. He completely agrees with Alderman Moran and Alderman Rainey this has been a repeated thing. Anybody who has come to this meeting has only been treated with respect. As a matter of fact he has done so much complimenting of the Township in terms el Betty Payne's job it's been a repeated thing. He totally does not understand the earlier comments, nou that there's bad blood. Since when if we make a decision that an employee who is paid by the public does not like that stops them from carrying out their official duties. That is beyond him, in his mind it is an official duty of the Executive Director to be at this meeting to respond to the bills, its not a choice. its not an option. its not something that they don't like the actions of the Trustees that could decide that they're no longer working for us. Nothing has occurred from this committee in which the members of that staff has not been treated with respect, the only thing that has been said is that memtx--ss of this committee do not want to pay for certain programs because of the budget problem we're having That doesn't create bad blood when a City body decides they don't want to fund a program anymore for whatever reason. That's a job of Ciry government does every day. He has no bad blood as he thinks the people of the Township have done an excellent job in administering the Township, for the most part. He thinks Betty Payne and the director has done a good job, the programs have been good and wishes he could fund them forever. What he does rot understand is when somebody is saying that something is not on our agenda when it's on the agenda and he does not understand why the paid employee is not here as he considers it a responsibility and obligation of the job to be here. He does not know how many times Alderman Rainey and Alderman Moran has asked, we've all asked them to be here. Not being here just delays the process because there are questions about the bills that at this time should be answered. This thing about bad blood and about reading the Township manual, he does not need to read a manual to figure our whether or not the TownsY.,p Executive Director should be here tonight and he does not plan on reading it to come to a conclusion as to whether or not that person might be here. He does not have any bad blood he just wants to be able to make his vote on decisions at a meeting without being heckled if they're adverse to the staff or the staff does not like them. Alderman Rainey had questions but said she was not going to go through them without anybody present to answer them. Mr. Crum had a side note that Bill Stafford met with them late this afternoon, they are making cuts and will be back very shortly on the loan issue. There has actually been a couple of positions cut. There being no further discussion Alderman Moran recalled the motion for nassina of the June 2000 monthly Township bills, motion unanimousiv passed (4-0). IV. CONSIDERATION OF DOWNTOWN PANHANDLING ISSUE Terry Jenkins, of EVMARK, recalled that six years ago when panhandling seemed to be quite dramatic downtown, there was the Mayor's Blue Ribbon Committee that lasted four months, made up of the private sector, the public sector, the human service delivery network, and the police force. That panel came out with a series of recommendations oriented toward protecting the rights of merchants and citizens to have an acceptable and convenient environment downtown and at the same time protect the constitutional rights of individuals who may want to ask citizens for money on the sidewalks of downtown. In addition to coming up with programs and objectives that were consistent with the way Evanston does things, which means Using our human services network or safety net to support those individuals who were panhandling because they are really in difficult straits make sure they have an opportunity to use the resources available in Evanston. The programs that came out of that committee tried to combine all three of those things with Page 4. heavy involvement of the human service delivery network when individuals were found to need various assistance ranging from job training to drug and alcohol treatrnent, housing, etc. Secon&/ educating rerchants as to what their property rights were about panhandlireg on public sidewalks versus wahin their store. An educational component for citizens about panhandling, what it's all about, what they can, do, and there were a number of signs that revolved in that regard. A heaq educational component was incoming Northwestern University students because it was determined they were the main source of over EC1% of the Livers to downtown panhandlers for a variety of reasons. The Chamber was very involved in that initiatrre and cooperated with the police department on their perspectives We started with an intervener program v,1hich ran for two years, by EVMARK using senior citizens to tarle to people about panhandling, who they v,,ere giving to and some alternatives to consider. Bottom line was at the time the problem was identified they were in the mid to high 30's to somewhere in the 40's of regular panhandlers downtown. As a result of the efforts of a lot of people the feeling today is the number of regular, hardcore, identified parfiandters is somewhere around a dozen. Its not just cause and effect because it appears panhandling is about a third of what it was at that time based on numbers of individuals. That happened because while the education has been effective those individuals in the 30's or 40's that were panhandling needed help and some of ,.hem sought out the help of human service agencies and the hcmeless shelter. The communitt got more educated about what this is all about and made different decisions about who they were going to give to and why and provided clues for incoming freshmen at the University. In addition, a few years ago EVMARK funded a study done by t�ie sociology department of Northwestern that went back through the existing panhandlers to find out who: they were all about in terms of what their social needs were that drove them to do this and a report written in that regard. Today about every 4 to 5 weeks EVMARK and the police department meet to talk about a variety of security issues with downtarrn panhandling being the item we spent most of our time on. From a layman's point of view what we have today is what he would define as hard core panhandlers who vie,v this as their business. He does not think there are significant social need problems driving people to do t1his, they are just waiting for some help and after that help that panhandler can clearly identify that help is cffered and more often than not the help is rejected. The problem is much less today than it was five or six years ago in terms of numbers of people. but the twelve or so that remain are very committed to their occupation, they are very hard core, not particularly sensitive to what the human service agencies might like to do to help them and are skillful working their way around police systems and court systems that have to honor the constitution. The problem is not nearly as severe in terms of where it was in the number of people, but the practitioners are pretty tough customers, they're not down and out people as the aublic might perceive them, they're people pursuing their occupation. All the studies he mentioned Ilea-ty indicate there is little to no connection between the topic of homelessness and the topic of panhandlirc downtown. It's not someone who became homeless and by circumstances is now panhandling That may have been some of the cases years ago but it's not that now. The reason we have panhandling downto-em is that we're a very generous community. Northwestern students are a well endowed generous lot and vrt-en a panhandler puts a guilt trip put an them they're likely to contribute. That's not a good or bad thing it's ;ust a fact of life. Panhandlers stake here because they can make money here. They would not be here is they couldn't make money here. lastly these are public sidewalks and our merchants are now pretty good cooperating with the police department. EVMARK, and the Chamber when panhandlers are in they- stores. The message is out that's not acceptable and you can fix it but you have to sign a complaint and go to court. We're not perfect but are less far along on that than we were three years ago the issue now is public sidewalk panhandling behavior_ He would highly commend the police department for what they do, they're very cooperative, wore: very hard on this topic, and fix problems when they're there, but right now there isn't an ultimate fix because there is no law against doing what you do to panhandle unless ycu touch someone, impute their way on the sidewalk, threaten them in the way that gets into the law, whicn is pretty much where we are. 'Ne're much better than we were for a public environment that is very generous to panhandlers, in his view it's about as good as its going to get without some kind of law that allows you to go after the 12 or 14 folks at a given time in a different way but those kinds of laws are very problematical in terms of how the public perceives those laws, how the constitution deals with it and how much brr.e the City should spend trying to create taws Page 5. that have these difficulties associated with them. That's his feeling on the topic. Mr. Perman, Chamber of Commerce, briefly wanted to add looking at the Northwestern Sociology Department study and also some of the work done by Jay Terry's office and the police department five or six years ago, in almost every case the people that were panhandling were people who were not homeless who did and still have significant drug and/or alcohol addictions. It was apparent the collectiorfs and asking for money was for feeding those addictions although we have not formally surveyed that. By looking at some of the same familiar faces that are still around today and were there six years ago, they appear to have similar habits and are looking for monies to feed their habits. Another point is we should not take too lightly the fact that over the last few years there has been more of a police presence in downtclrvn Evanston and with that additional presence goes officers walking the beat, on bicycles and understanding the streets, which all helped reduce the problem. Mr. Jenkins added there is no doubt that the greatest deterrent in the last six years has been tie role of the police department working with the private se-c-tor. Pamphlets, brochures, education, etc., have helped, but the police has been the number one factor. He again emphasized at EVMARK they have been and want to continue to be sensitive to the fact that if there are individuals that need a supportive medhanism they will do whatever they can to help make that happen. The population right now is not interested in that help and indeed can't meet the entry standards for the shelter because those standards include change in behavior by alcohol or drugs. Alderman Newman was not sure he totally agreed with Mr. Jenkins' and Mr. Perman's comments. He thinks the police presence at that time several years ago was very effective during the day, especially on the part of one particular officer. There should be a police presence at the time of year when Id's dark after 5:00 p.m. especially when you're trying to create a nighttime business atmosphere on Thursday nights. It's a very intimidating experience for women to be accosted by someone coming up to then~ at night and asking for money saying they just got out of the penitentiary. Some of these women will not come back to the area. His constituents, who regularly call him, have a lot of problems with the antisocial behavior going on from, as you say, these twelve panhandlers. In the last year or so there has definitely been an upward swing of aggressive panhandling and Mr. Jenkins and Mr. Perman were asked if they agreed with that. They agreed that the core people have become significantly more aggressive during last year. Alderman Newman said we have been looking at a couple of things, one is the sign that says don't give -money, send people to the shelter or soup kitchen. The downtown Chicago restaurants have large signs conspicuously placed telling people not to give. Four or five years ago we had signage but there needs to to a continual presence of some type of educational material telling the customers not to give to the hard :.ore people. Alderman Newman asked Mr. Jenkins if he could explain, in view of the fact that EVMARK is the board of the property owners, why some businesses have decided not to have the outdoor cafes. In =act, the City is not getting as many applications for outdoor cafes it would seem to him there is a problem now as we had done better a few years ago. Perhaps we need something in our ordinance as the Poii,:e Chief was asking about this for aggressive instances. Alderman Newman asked the Chief if the current ordinance has sufficient tithe to deal with these hard core incidents. Chief Kaminski responded, no, there is not unless we get someone willing to sign a complaint of current violations to enable us to take actior Alderman Newman's question for the Chamber and EVMARK was if we got an ordinance and put more teeth in the constitutional issues will it be addressed by our staff. Based on recent case law with other cites would you be supporting more teeth, more presence, and better educational materials in windows. Everyone was in agreement they would absolutely support this. Wendell Thomas, of The Unicom Cafe, said by count there might be a dozen hard core solicitors, but often there are more, even though others are not soliciting they hang together. They recently had cne at the cafe who had been asked repeatedly not to be in there and Mr. Thomas filed a complaint wi.h the police department. The man was arrested the next day for assaulting someone at another business who would not give him money. There might be a dozen hard core beggars and twenty that hang toget'ner. He finds Page 6. it significant when every single business on both sides of Sherman Avenue, signed the petit -on that they want help and every restaurant signs a petition telling how their customer. are mothered but nobody wants more signs. The people in the community that work there would like no 1-1�sing. Them are people who would like to help these people make other choices. They could help them in whalever way that counts. To put the onus on us is ridiculous. At the last meeting he attended it was suggested that staff would be asked to write a law. He would like to know the status of that, was it dor�e, as it is not getting any better. He does not see any of the people, who would be in favor of having it wtoe open and all the consideration for these people, who might have businesses, taking the no solicitations signs off the buildings they work in or setting up an extra desk in their offices where people can sit and sleep or open the door and say please solicit, which he does not want to be placed on them either. Alderman Rainey commented it is interesting that Entry Point was here during our budget deliberations and they absolutely concur with everything Mr. Thomas has said that the remaining panhandlers are the professionals who are not subject to help of any kind nor do they need it. They talked to us about the income being generated by the do -good givers in our community for these panhandlers As you say this is an occupation and we are told a very lucrative one. This is being told to us by Entry Point, people whose professions are to help the homeless and they are telling us these are absolutely not the homeless. Alderman Rainey said the more she thinks about it she does not understand signs appealing to people not to support this activity. One of the things this community has done for a long time and at the south of town is people try to believe that if they hide what is going on it will get better or it won't be real. She herself has been guilty of this. If you confront the citizenry in this community with the facts and ask them not to give under these circumstances it might be very helpful. if it is not helpful she would like to know why it is not. Mr. Thomas did not think it is because there has been the education, signs in the windows, etc. Chicago signs say it's against the law, there's the big difference. Alderman Rainey thought then we should make it against the law. Alderman Newman said he just threw in the signs because he was responding to what he was hearing is part of the solution. His biggest concern is to expand the downtown and try to create an area for more people to come and shop and enjoy the entertainment and restaurants. There is one building in that area that generates $1.600,000 a year in taxes and multiple others over a million dollars. We have a very strong interest in having people come to our downtown to have the businesses and oft -ices all be successful. If one person doesn't come because they are going to be asked to give money when its dark out. we're all losing something as a community. His problem is, as we get into this the new development we have to make sure people going from the movie theaters to Barnes and Noble we want to have happen what happens with the interaction in Old Orchard of the movie goers and the book store. In Evanston people will have to walk under a viaduct at night, in the fall, a presence is needed there and we have to have a joint security with the Chamber and EVMARK. If we can't get these twelve panhandlers because it's unconstitutional to write a law. He knows in downtown Chicago there are always police in the area. He is not being critical of our police department because he's aware of all the problems around town, all he is saying is all the other problems have to be addressed but we have to have an atmosphere in downtown Evanston where the customer feels safe. Safe in the garages, sitting in the cafes, safe walking the sidewalks at night and he feels we are not getting there. On a list he would include signs, trying to find the ordinance, and a comprehensive plan to make the customers of the downtown feel safe. As of now he is not confident there is a plan. He questions if with these twelve hard core panhandlers and everything we've done, what's going on right now with this increased activity we need to promote a very healthy business atmosphere and one where we can grow our economy as opposed to have it go in the other direction. Mr. Jenkins said over five years they have clearly plateaued and made a lot of improvement, we've actually regressed in the last year, not the numbers of people but it is clear those that are there are more aggressive and causing more problems. Another thing, enforcement is the number one issue and you are right that posters and other things are important, but enforcement is the issue. He would never want to be involved Page 7. 0+ � if this were some kind of intervener program the police department would not allow having civilians intervene as these people have criminal records and it really is an enforcement issue that gets down to resources. Four times a year BVMARK hires police on an unannounced basis and spend a weak to ten days on the streets at night when least expected. They move people along making a big change For a week or two but then when that program ends the people come back. Enforcement is clearly the issue. Alderman Newman asked about expanding what the businesses are paying and maybe match this by the City in a special service district just to have additional professionals there to deal with this type of thing. We have $250,000 in the new development to be devoted to City services and he feels it is in the interest of the downtown business people to make sure we have a professional presence there for a nighttime atmosphere of comfort for the customers, both Evansionians and people from out of town, and believes the resources have to be put in there to do this by kicking in a little more money and having the City match it to know that from 4.00 to 11.00 p.m. we will have security. Old Orchard has their own security people and we are larger than them in terms of layout, maybe we need to have some type of downtown security where people in uniform will be seen making it comfortable for the people to comfortably say no to the panhandlers. This is just something he is throwing out for consideraticn. Alderman Rainey asked if it could be explained once more why an ordinance is unconstitutional and what ideas does legal counsel have to get around it. Ms. Brenniman clarified we currently have no ordinance on panhandling. The only ordinance we have that could be enforced in this situation would be the ordinance that deals with obstruction of a sidewalk would be people going by on the sidewalk could be cited for that if there are w�4.nesses to that fact. The Chicago ordinance is specifically a prohibition of panhandling of any kind as an integration of one of their disorderly conduct violations. It is not enforced other than signs that are around town but there are some concerns of Corporation Counsel's office that this kind of ordinance may be unconstitutional. Since Ms. Brenniman last spoke with this committee she has made several calls to Chicago's Corporation Counsel's office and to date nobody has returned her calls, the woman who is specifically involved is now on maternity leave. She is continuing to pursue getting some more specific information in that regard. In addition, she has done some research and the case she believes being referred to is Loper vs. New York City Police Department, it was attained in 1991 and the individuals who were homeless on the street panhandling were not arrested. They brought the action as a civil rights action to challenge the ordinance making it a tittle different context. Both the individuals who brought the suit and the City filed for summary judgement motions and both of them were denied. There were a lot of issues rais-d. as this was a very convoluted _ case, about the possibility that an ordinance that prohibits panhandling may obstruct constutionially in terms of some kind of speech writing but the court is not specific in that regard. At this point she is having the Law Department's law clerk do some research from that point on. A question that needs to be resolved for the committee is whether or not we can regulate more than aggressive panhandling. We already know we can regulate aggressive panhandling as in 1991 that was what the ordinance she did was about. The ordnance was specifically addressed to certain acts that were characterized as aggressive panhandling and was modeled on an ordinance in Oregon. As she looked through some of these materials she found a list of information that is available from 1LMA which specifically deals with a panhandling permit ordinance and is going to get some information on that. Memphis Tennessee has an ordinance that requires a permit if you're going to panhandle, its a time, place, and manner restriction and she does not know if we want to go in that direction, but it would be interesting to look at that. Also, ILMA has put together a model ordinance and legal commentary for establishing a prohibition against certain forms of aggressive solicitation which she will be looking into. There is more information on the Seattle ordinance which she thinks should be looked at. The real question is can we do more than regulate against aggressive panhandlers and at this point in time she would be somewhat concerned about it but we certainly need to look at it more in depth, which we are now doing. Alderman Rainey wanted to clarify that an arrest under an aggressive panhandling violation would require Page 8. the person panhandled to sign a complaint, to which Ms. Brenniman responded, absolutely yes. In any situation where there is panhandling in general somebody would ha%e to see the act whether d's a police officer or citizen. Alderman Rainey asked if the person who was victunced by the panhancler would have to sign a complaint. Ms. Brenniman said if that person is the only person who witnessed the incident absolutely. Alderman Rainey said s.ne was thinking about licensing panhandlers and asked if we require some kind of permit for people going door to door or canning on a comer for charitable purposes. Ms. Brenniman said we do not require permits or licensing, at his time, for door to door solicitation. Alderman Rainey said these panhandlers are gDing door to door and we should took at that and also standing em the comer soliciting with a can for a charitable purpose. Ms. Brenniman said t%e have tag day regulations and do have a provision that deals with a person not being able to stand in one place and sell goads_ Alderman Rainey was not talking about sellirg anything she was talking about soliciting for charities and g,ving someone money for nothing. Ms_ Brenniman did not believe there is any regulation to that effe-t. Alderman Rainey asked in the case of an ordinance banning panhandling, or some modification of banning panhandling, what is wrong with the City of Evanston stepping forth and doing something ba der, unchartered, that other communities have been wrestling with. Ms. Brenniman said the negative is you are running the risk of having the ordinance challenged which is why Chicago has pulled back because they have some concerns about that and why she wants to pursue that as Chicago does not always pull back because they have been very aggressive on the gang loitering ordinance. Her feeling is Chicago may have some legitimate concerns about this. The case she read doesn't clarify that or say that kind of ordinance is unconstitutional and she will go further with that because it raises some issues that it may be, but it doesn't decide the issue. Mr. Perman said they have on the books a requirement that someone who is selling something whether its for profit or not for profit, requires a peddlers permit and he supposed you can construe panhandling as for profit or not for profit and requires a permit. Alderman Newman brought up Streetwise as they are peddling and our peddlers permit says you have to keep on moving and you cannot stay in the same pilace for more than a half-hour. He would love for Streetwise to have to comply with that ordinance because they then could not sit around town in their lawn chairs. Mr. Perman said the court said there are a different set of rules when comes to freedom of expression. Alderman Newman wanted to make it Gear in terms of his interest, although he does not like panhandling and would help somebody through allocating money to a homeless shelter. He is not sure we can stop the person who truly has one leg and puts out a tin cup asking for money, but is directed to the aggressive people who are nasty and corner citizens when its dark outside and those citizens have to think are they safe if they say no. Ms. Brenniman said there is no law specifically prohibiting aggressive panhandling. we have an ordinance that says you can't obstruct on the sidewalk. Alderman Moran said there is also the ordinance that makes it a municipal violation to either assault or disturb the peace. Ms. Brenniman said she looked at this in 1991 and it was her opinion, then and is still now, that none of the sections we have in the disorderly conduct ordinance frt prohibiting panhandling. One of the reasons the Seattle ordinance passed constitutional muster was because it was very specific about the kinds of acts and in the proc-ss of asking intimidating, the intimidation has to be proven. Mr. Jenkins said aggressive panhandling drives their customers nuts. What they do does not always vicrate the law but it will scare away citizens and customers from our shopping district. Regarding Alderman Newman's point, absent of any new law, if we had police officers even more involved than they were, wtaich is not a comment about the police department but about resources and if you are one of these twelve people the last person you want to talk to four or five times a day is a police officer because over and above panhandling certain issues can come up in conversation you'd rather not discuss with a police officer. Alderman Newman's point was if you have more enforcement you will have less panhandling because you're going to create an intimidating environment for the panhandler who will go someplace else to make money is actually true which means it's a resource issue. Another issue about the law and the two bi- products of the law, there will clearly be a legal challenge for the law and whenever this topic comes up Page 9. there is this broad citizen issue that suggests we're insensitive t*cause citizens have troubte separating homelessness from panhandling, typically the two reasons that this has slowed down Alderman Feldman had a question regarding the very specific law %%* had that included aggressive panhandling. Ms. Brenniman said the ordinance she drafted in 1991 was specifically modeled on the Seattle ordinance, prohibited aggressive panhandling, and defined ipgressive panhandlirc in several specific ways so if an individual were doing any of several enumeratiM, acts that would be considered aggressive panhandling that would be considered a violation of the ordinance. That ordinance did not pass. Alderman Feldman understood this is a question of resources but there are people in sections cf town that complain about speeders and when we can't put a traffic cop on a specific comer forever what we do is go down and pay special attention for a certain time giving people a message. He wonders if we have this aggressive panhandling ordinance whether or not we could find some resources over a small period of time in an intense effort made to enforce that. He does not see people going to court which is what is needed, but as it has been said the complaint might be filed by a police officer. Alderman Feldman said we could conceivably have undercover police walking down the street getting panhandled, which would not be considered entrapment. Ms. Brenniman said probably not if the persons were not openly irrviting the panhandler to approach them. Sting operations have been used in many areas for different reasons. Alderman Newman asked Chief Kaminski if he would support an aggressive panhandling ordinance such as the one in Seattle and thinks it would be a helpful tool for the members of the department working downtown trying to deal with this. Chief Kaminski said he would support it, currently they do not have the proper tool. Panhandlers are smart enough to know you can't do anything beyond a certain point. Alderman Newman said one of the most predominant aggressive panhandlers who rides a bicycle and is well known in town has been repeatedly convicted of some very serious offenses, therefore, viewing some of the aggressive panhandlers where some things the public perceives as harmless can be done by very dangerous persons and our police need a tool to handle these cases and see that they get prosecuted. He would like to see us move forward with the Oregon model and signage should put up and visible to continually try to educate people not to give to these hard core panhandlers. We also need some type of resource plan, especially moving into the opening of the new development, where the whole point of the new development was to encourage street presence. It's an economic development issue to see people come downtown and spend money to help merchants pay rents and taxes, feel safe. Alderman Rainey said then why can't we pass this ordinance, to which Alderman Newman said passing the ordinance would be the same as passing the dog beach ordinance where people in this town let their dogs off the leash on parts of Clark Street and Greenwood Beaches. The ordnance means nothing to them unless these people are cited for not being on the dog beach. Alderman Rainey's response was if we didn't have the dog beach all the dogs would by off leash. Alderman Feldman supported having an ordinance and said we have to get off on the right foot with the new entertainment complex and the development going on downtown. The word gets out very quickly if somebody has a good time here in Evanston. People will spread the word but then they'll say they got hit by some guy that frightened them to death and that's the part people will remember. We can't afford to allow that to happen, its bad enough that it exists now and our merchants and citizens are suffering from it. The kind of effort we're going through to produce a draw to the City is a shot in the arm for its economic life can't be thrown away because twelve people have decided to do what they want to do in this town. Without doing everything we possibly can to see that kind of thing ends even if it means additional resources over a short period of time, is what we have to do in addition to thinking about private security in certain places. It will make a tremendous difference just for people to see that there are security or policemen around. Every successful shopping area he has gone to he sees either private security or police on a regular basis which is what we should do. Mr. Thomas said six ago when the beggars were talked to, there was a reduction but also at the same time there were a lot letters in the Review from Evanstonians who will not shop in Evanston because they are Rage 10. not willing to shop with the beggars. With the taxes we pay on homes what we expect from this kind of community for a tot of people does not include begging. We have already lost some people who would shop here who don t. and they're Evanstonians. He does not know how many people from the oLnside do come to Evanston Alderman Neuman warts to see an ordinance in effect and also a security plan. The City has an amount of $250.000 a year for City services and he would like to ask EVMARK to match these funds to have security from d 00 to 111 DO p.m. when the stores and restaurants close. He thought there are three steps needed to be taken, a sign. an aggressive ordinance. and resources coordinated with the Nor&western police Mr. Jenkins suggested if the City looks at the ordinance issue they can look at the finances EVIUARK has and look at private sector finances to see how they might be leverage. He guarantees there will riot be any panhandling on private property. Maybe the security for private property can be leveraged for containment in the blocks around there and build the matrix of that with other resources with this S250,000 referred to, to come up wth a more aggressive security plan than we now have. Alderman Rainey asked about some contribution for this from the convention bureau. Ms. Brenniman said she will come back with an ordinance drafted similar to the Seattle one and continue to look at the research to see if they can build on that point. Alderman Moran said he is anxious to see the ordinance and get the citations to the court case that upholds the ordinance but in his own opinion there will be some difficulty about First Amendment issues. He does not want us to exclude consideration of other programs that would get at the heart of this problem without expending a lot of resources defending an ordinance that may or may not be constitutional and may or may not be effective in terms of addressing the problem He's going back to how enforcement issues work separate from passing this and thinks about passing an ordnance, but then where do we go from there. To him this is the tail wagging the dog, there are twelve people out there causing this difficulty, what other strategies do we have available to us to deal with those twelve people. He's not suggesting he knows what that strategy is, but if there can be some focus with respect to those twelve professional, potentially very intimidating people, whether its education or isolation of those people, people will learn what adverse effect those people have and maybe they'll change their tune about it. Alderman Newman said when the staff gave us an ordinance in 1992, all four members of this committee went through this process talking about the ordinance. People were writing letters that we were not being nice to people. For the last seven years he has gone the route of looking at other things, he supported funding the Entry Point program, he speaks to the people there and to the enterveners and the entire Chamber and EVfAARK committee and has gone along with trying every other single approach. Saying we should look at other things based on the comments and what Alderman Rainey pointed out about what Entry Point said to us, what evidence do we have that anything we do other than enforcement will deal with these particular twelve people. As we heard this evening these twelve do not qualify for the shelter. Alderman Moran agreed with Alderman Newman's remarks but tonight we are hearing there is still a problem, a different problem than the problem we were confronting in 1994. its now come down to these twelve people The problem is being redefined and perhaps we should publish photographs of all twelve people in the Datly Northwestern and put their rap sheets underneath them saying if you give money to any of these twelve people you are doing a disservice to yourself, to the City, to downtown, to your fellow students. He does not know what we should do but is suggesting there has to be strategies to deal with these twelve people_ Alderman Newman said 4,000 of his constituents are students, and in many conversation with students finds there is a generational issue about this as the students who give to the panhandlers are very well intended, have hope for the future and want to help somebody in need. Maybe when they're our age they'll ;age 11. think in terms of what has been said. Twenty-five percent of the undergraduate population changes every year. Alderman Rainey said in terms of dealing with the twelve, these are the failures, the write offs, the professionals, the ones you cannot or are not going to reach. She knows Alderman Moran has the bast heart of all the Aldermen but she does not think you can save everybody and probably these twelve are our failures. Alderman Moran said he was not talking about saving them but if nobody gives them mor+ey they will automatically be fixed. Alderman Moran said Ms. Brenniman has been given the direction to bring back to this committee an ordinance modeled on the Seattle ordinance with all other pertinent case president. Mr. Thomas said if an ordinance is written modeled on Seattle for aggressive panhandiing isn't that a huge loophole. Alderman Moran said the loopholes will be looked at and the Chicago ordinance that plain outlaws it will be looked into when Ms. Brenniman comes back to us with a proposal. Ms. Brenniman said she would be back with this ordinance for the September meeting giving her plenty of time to do an in depth research as to whether or not she's comfortable with more than just the aggressive panhandling. Alderman Newman said if Chicago was enforcing their ordinance and it was broader than aggressive he would want to take a look at that but if they're not being enforced by Cook County judges who are the all part of the same circuit of judges that we go to on Old Orchard Road it doesn't do any good to go through a battle or political argument over an ordinance we can't get anything out of. If its true that some of this is unconstitutional he wants to do what is constitutional so we can do it now and get it on the books should we want to go broader we have to see what Chicago is doing. Mr. Perman said we should not only look at the ordinance but from a practical side we should talk to Seattle or Portland or whoever has had this ordinance and ask if they have really been able to utilize it in that way. Alderman Moran recalled that we did look at some Portland experiences, which was interesting. Alderman Newman wanted the signs to be looked at again, the security plan, teamwork, who is going to pay. and also he would like to look at a good, thoughtful, ad that could appeal to students but does not know that we can print rap sheets. Alderman Rainey thought we could do something such as the foundations do when they want you to give to children programs overseas by putting a very heart wrenching picture of some person or thing. It would not have to be anybody special just so nobody would say we're singling somebody out. Alderman Moran thought Ms. Brenniman might take a look at what we could expect to view reasonably in terms of qualifications by this City and then address this problem. Mr. Terry said considering this population he would recommend a viebsite if we're going to do something like that There are numerous law enforcement agencies that put offenders pictures on websites. Alderman Moran suggested looking into that. Alderman Newman was open to the staff looking at letting the Northwestern students knori about all our services and the efforts being made and how we think it is better directed to refer people to services than actually give money. Alderman Rainey said that would be implying that these folks will get help from the organizations you give to. Alderman Newman said that would be if we included the homeless shelter, but if we use soup kitchens there is no requirement to be in a program to go there. Alderman Moran thanked everyone for their input and attendance. V. DISCUSSIONS OF POLICE DEPARTMENT STAFFING CONCERNS Alderman Feldman recalled when we had the same kind of dialogue about the impact car on Dodge Avenue but doesn't know whether additional police would make a difference or that researches are being tagged and there was some resistance on the part of the department. Chief Kaminski said the impact car worked fairly well, right now it is covering double duty as we're trying to staff all the positions we need to get. Alderman Feldman said one of the things we have to ask ourselves is are there certain indispensable actions that we might have to take and if that's true do you have to find the resources for it. He could see situations that occur when we reach a point that we have to say this is an intolerable situation. He's trying to figure out what it would take to put an additional one -shift car between 4*00 p.m. and some late hour to go up and Page 12. down Howard Street or any other street. He mentioned Howard Street because that's where: t; a base of operations would be. We've Come to the point that this kind of thing is absolutely necessary, es irtoferable not to do it and the City Council and this community has to find resources to do it. He knows that decision is not Chief Kaminski's and is asking the Chief if he thinks that might help. Chief Kaminski said if Ine had his wish list of everything he would '.Tke to have for the department one of those things would be to have an impact team, a team of officers tc float to various projects that time would warrant. We have cr;e now that is just committed to Howard Stre=1 but. is doing double duty now as we're in the catch up phase if we had the flexibility of an impact team, if things were quiet on one avenue many times they could rea7+.:t to the problems and issues occurring a I over the City. We have to prioritize that and if we need an extra police presence at Simpson and Dewey we would be able to put it there, or on Brown or anyplace in the dvwnt.own area to do separate operations we would like to have that kind flexibility. Alderman Feldman asked how many people would be in a tag team, to which Chief Kaminski responded about eight officers Looking at days it would give four to five officers on a regular basis with days off. We would have that kird of extra resource available every day of t"*ie week, one concept we could use that might help in deatirg With those problems. Right now during the Summer Plan we use the extra money we get from the block grants to put two extra units on the street as an overlap from 8:00 p.m. until 4:00 a.m., which helps the patrc.4 unit as it provides an extra presence in areas. Alderman Feldman said what he hears the Chief saying is he'd like to have eight, which would be best, but if you did not have eight, four is better than none. The Chief said he has always tried to be cost effective and work with the resources they have, also to try to do their style of policing working with the neighborhoods by making sure that neighborhoods are effective and build that system not only with the enforcement aspect but make neighbors buy into to and help improve their neighborhoods. We look to that as part of the whole solution not just an enforcement segment. Alderman Feldman thought that was going on all over the City but felt in certain areas its not as easy as it might be, none of it is easy, but it is more difficult in certain areas and will take a longer time_ In the meantime there are people suffering and in need of some additional assistance. We are taking the route the Chief has suggested and knowing that he still feels additional help is very necessary. Alderman Feldman asked exactly how many people is the Chief talking about four or eight. The Chief responded eight additional plus a supervisor for the unit. Alderman Feldman asked if the impact team have a supervisor, to which the Chief replied, yes, he's assigned not only to that but also assigned with the problem solving system. Alderman Feldman asked if four additional people would require a separate supervisor, to which Chief Kaminski responded you'd like to have a supervisor otherwise you're tacking them on to another unit and there could be an overburden on one person. Alderman Rainey noted the committee was given resource material about surveys done of various police organizations without the most important thing in dealing with juvenile crime. Most of her issues do not necessarily have to do with juvenile crime because the requests she made of the police department specifically of the Chief regarding juvenile crimes have given her information where it was indicated we don't have a problem with juvenile crime. She has been told this on numerous occasions and thinks the reason this information was included was simply for information. Chief Kaminski said the reference, as he understands it was Alderman Rainey's interest in knowing what the thoughts were out in the law enforcement community about violence and other problems. Alderman Rainey said she could not agree more with the survey and thinks everything should be done to address Head Start, after school, and Summer Youth programs, she found it very interesting that the item of solutions that came in with the highest percentage of support was parent coaching for high risk families. This was 11 % higher than Head Start or similar early childhood education. All of that is very important and every penny we have we should put towards these issues. However, if we do not deal with the adult criminal element that we have in this community these families taking their kids to Head Start programs are going to be wiped out by stray bullets and gang bargers controlling our streets. We really have to deal with the preventative and parent issues in the early years, and also have to deal with the rea'ibes we're finding ourselves with today, something she sees very separate from this, and all the Head Starts in the world is not going to reform a current 18, 20, or 21 year old, but will prevent future 20 years olds from becoming criminals. Page 13. One of the things Alderman Rainey asked Chief Kaminski did not have to with the length of time it took police to come to Howard and Custer when she was entrapped in a gang fight, but had to do with where the police came from. As she sat in her car she saw every single police officer, except for one supervis'..;ir who came after people were in custody, all came from the direction of Chicago Avenue. That is why she asked where were they at 11:20 p.m. when she put her frantic call into 911. What you are telling us is Beat 89 car, that she has never before heard of, because she thought she was in a Beat that previous Alderr►en from her were so instrumental in getting and that was Beat 78, which she thought was the dedicated part to that neighborhood. Beat 89 was in the station writing up an arrest. Beat 72 which patrols the area ,from Oakton north, east of Ridge was transporting some juveniles someplace and were nct on patrol. Were Beats 71, 78, and 79 all in in-service training? Chief Kaminski said they were in-service available for calls, Beat 78 was leaving the station. Alderman Rainey said then they were not in Beat 78 they were in tl is station, to which Chief Kaminski said they were enroute to their Beat a supervisor had called them into tie station to talk with them because of some issue. They tried to call them in twice, then there was anothher hot call in Beat 73. Alderman Rainey said the Chief was just explaining it different, they had been in the station so it is her impression there were no police officers south of Oakton from the far eastern bounda-Y to the far western boundary of this City at 11:20 p.m. that night. She is in no way believing that this was t ►e only time this ever happened and thinks it was extremely coincidental that she had her issue at that very moment, but suspects not having a police officer in the area, for one reason or another, is not an uncommon occurrence. If it means because they are all in the station writing up arrests or transporting juveniles who may be curfew violations, we don't have enough police officers because this area in town shoufrd never, ever, in her opinion, be without a rolling patrol car, motorcycle police, van, or something, nor should any other part of town be without. Chief Kaminski said what Alderman Rainey is saying is true that at any given time dc-pending on the call volume we have a unit tied up in a number of activities. In her incident there were units tied up off the streets for several hours doing paper work on arrests. He tried to provide the information on staffing levels, how much we actually we have available at any given time and where we are at today. To significantly increase those levels we have to significantly increase the police department. Alderman Rainey said these numbers vary between budgeted positions of 25 police officers at 3:00 to 11:00 p.m , plus the 4 supervisors, to a minimum of 11 police officers and 2 supervisors, less than half of what its budgeted for which is a major hit. Chief Kaminski said that is what they have to deal with on a regular baste to try and handle the calls on any given Beat. Alderman Rainey thought in years past when there were crrrny 5 cars on the street at a given night, when 7 cars would have been the minimum, she was surprised to hear that absolutely, positively, her suspicions were confirmed that not one police officer was in that area which says to her that our police officers are so busy we need more officers. Alderman Rainey asked Chief Kaminski to explain the change with Beat 78. Chief Kaminski said Beat 78 is funded on the 3:00 to 11:00 p.m. and the midnight shift, on the day shift Beat 71 handles the v fiole area. Alderman Rainey understood the day shift but it seemed to her that Beat 78 is no longer in Bea: 78. Chief Kaminski said its there but there's a high volume of calls in that Beat. Alderman Rainey said Seat 78 In always someplace else the car is not in Beat 78 anymore doesn't it service another Beat. Chief Kaminski said no, it stays there unless they're called out of the Beat or involved in an arrest anyone of these numbers stay in their Beats unless they're pulled out. Alderman Rainey asked what are they pulled for, an:l was told for another priority call in an adjoining Beat. Alderman Rainey asked if the Chief has recently looked at assignments and calls for services to see where Beat 78 goes, would he believe they would cc to the far north end of town on a parking complaint. Chief Kaminski said they shouldn't, to which Alderman Rainey said they do. Chief Kaminski said if it's a cold call and low priority we hold them. Alderman Rainey said we have to draw the line someplace Beat 78 should not be called out of its Beat, nor should any other car be called out of its Beat for a mundane, routine, non criminal, call. Chief Kaminski said it's very hard to manage that because there could be other complaints or nuisance complaints. Alderman Rainey asked to look at the service provided by Beat 78 because she does not think what the Chief thinks is supposed to be happening is happening. _ Page 14. 4a Mimi Peterson, resident, said she came to talk about a meeting her neighborhood had on Sundaf •wall Pope John's neighbors, they're in Beat 74. Four years ago there was a great need for a presence are visibility of police officers in her neighborhood. They were very pleased to have the impact car influerr�- :because that provided the visibility and presence the neighbors needed to have to feel safe. Unfortunate —ne funds provided to help pay for that are no longer available. She knows the police are very stresses as :he ratio of police compared to the number cf residents living in Evanston is very low. She would lmplcr, �-e Council members on this committee to consider a suggestion of an impact team at the cost of S614--- _00. Their impact car is not in their neighborhood anymore because of the staffing shortage, as they ccrvr.Lsally have to go to where there are shootings. which is understandable. However, collectively in the two nerCxt rrhoods, just over the last three weeks there were sixteen burglaries and garage break ins. What they feet as citizens is the lack of presence from the police department. We have participated and worked w--, r- police department in all the ways they have asked us to, but we're now back to where we were four e:r s ago and still feel the need for a presence on a more regular and consistent basis in our neighborhood Y t-ic!t '!s to take nothing away from what is happens.-rg in other parts of the neighborhood. We really don't have ercivah police to cover all the problems we have Alderman Newman said having gone through this same analysis several years ago we just heard about a police officer not being there because of arrests, there is no question that the hot spots are P,eea�!:s 77 and 78. but there are other spots needing coverage as well. The foot patrol program, as it new exsts, does nothing for his ward. The concept of having an officer on foot who will get to know pec-Pe and the neighborhood is non-existent. He's not being critical because these officers are being used to fig shortages but he would question how long will that last. When someone says to him they want the im; art car for $619,000 he would be beating the drum for that if he knew it wasn't going to make a 10% recommended property tax increase 15%. The way he wanted to pay for it was to privatize sanitation because he saw the way we had to cut in order to redeploy resources. If he knew we were going to get this S619.CCO, not by making a recommended 8% property tax 13%, his question is where does the S619,000 come f-om. We should have a presence on Howard Street, Simpson and Dewey and control those streets at a,7 tr-res. That perception is out there under our current staffing levels, for which he is not faulting anybody. Alderman Newman asked Chief Kaminski if he thinks we have the type of two man power presence consistent all the time from 4:00 to 11:00 p.m., not 24 hours a day where people are going to consistently see a two man car where the officer gets out of that car, and feels very comfortable there is adequate backup to do the type of thing on foot to make people think that the streets are controlled at all times. if we know we have the highest concentration of violent cnmes in these areas it is very frustrating that we can't have coverage from 4:00 p.m. to 1:00 a.m. to have adequate backup to deal with these people. His question is not :.1st about hiring new men, how are we deploying the personnel we have now. He would rather have a morn sustained presence than fill the Youth Services Bureau position. As far as the other five remaining foci, catrolmen, when will foot patrol be at the level where we know they can do what they were intended to do set to know the neighborhood and build relationships. If they're not doing it now why are we doing it? Its no rye to have someone called a foot patrol in the downtown area who he only sees one hour a month, he'd rather have him on Howard Street every day. Alderman Rainey said their foot patrolman is well know in a spe—cific area of Beat 79, but, for example, the same situation is true of Beat 71 where people don't know or nave never seen their foot patrol. Alderman Moran wanted to bring down to essentials what the committee wants to accomplish :,night or if there is further charge the committee wants to give to Chief Kaminski to review the staffing or �-ployment issues, etc. Alderman Newman had no doubt that an impact team would be extremely he'::`ul and is something he wants to pay for, but if funding that means we're going to have a 16% real estate t;:.x increase recommended in the City Manager's budget that is not a way to get there. If it means we're gang to try to find the money or redeploy some of the 200 employees, the Youth Services Bureau position is; a start. He has to know how we're getting there so he can conceptualize what he's voting for and what impart its going to have. Alderman Moran said Chief Kaminski can only give us one part of the overall ans-rters to the Page IS. + I questions he can talk to us about police department personnel, staf�rq, deployment. etc.. but he can't answer all the questions. Alderman Feldman thought it worth while to explore with the Chief reallocation of the same identical resources in addition to how those resources can be supplemented He remembers when Ncycse and ftot patrol was first initiated especially in the eastern part of his Ward, they waked down the same blocks every day. They did knock on doors and they knew the names of all the lids Each of these men had a third of the City and if that's the case he would like to understand what is the lus'ification for that position. Chief Kaminski said the problem solving team still does a lot a work. we spread some of them cut and have kept others in tact. For example, Seats 77 and 78 have not changed the others we have changed. On the east end and the southeast end we've expanded their areas. 'We've tried to keep the team in place because the concept is important the only thing that has been a drawback is trying to gel' the people staffed to those units. They hired twelve people, four are currently on the street in field train;-+3 as they have had prior police - experience, four more were sworn in this morning and start at the academy on Monday, they will be there for ten weeks then come back for another thirteen weeks of field training Another four people will start at the Chicago police department in September, as those are the area academies that are available. There is a Civil Service meeting on Tuesday and have five more people to interr:ew. We're trying to keep up with the staffings and the only caution is we're still an older department with a number officers getting ready to retire and he wants to keep up with that process to try to get the positions filled. His priority is to try to keep the shifts at a strength were they don't get into a continual hire back mode. which kills his hire back budget, and then the officers get overworked. It's a daily juggling act to make sure the patrol shift levels are at a level we feel comfortable with to make sure they get at least to above the minimum. We're doing pretty good staying above the minimum on a regular basis and being able to provide the coverage for that. He has already taken men out of schools to put on shifts. The next group he has to redeploy is the officers assigned to the problem solving team and thinks they do a lot of good work. Alderman Rainey added it would be a noticeable loss. Chief Kaminski said he is sorry for diluting the guys but it is important to have at least some coverage and some priorities are hit in those areas which is the reality of what he is dealing with. Alderman Feldman understood what the Chief is saying but he would ask that those values being expressed be weighed regarding a watered down problem solving team. He is not suggesting taking those that are functioning well, but if an officer's area is quadrupled he can't believe his value remains in the same proportion. If it can't be, his next question would be there probably is not a single constituent he has eves discussed police issues Mth who does not feel two things, one they have a high respect for police response. and two they're terrified that they never see a police car except on response If there is no call for service they never see anyone. That means without a call their street is left unprotected forever Something that has been used a number of times in this meeting in different venues is there is reassurance that every once in a while you see a police car go down an alley or drive in front of your house just driving along on a regular basis. The residents say if someone is casing a street for some time that the police never come down there they know that, if the police do come down that street they never know when the police will be there. This is what people believe and to him that is as much of a value as some diluted system where we call them problem solving teams, but the areas covered are watered down. He would like those kinds of values taker into consideration because he would like to bring it up again as a possible option for some of the issues we have. The first thing people say to him is, "where are the police", we had six burglaries on one street in three months, where are they. It's not good enough to call them after they come home and see the house broken into. Alderman Newman wanted to reiterate the point as far as looking at resources when he said if they have such large beats he wants to take the foot patrol and put them in Beats 77 and 78 to achieve that constant presence you're trying to get to. If we have fourteen men on the net team perhaps there should only be twelve and put the other two men on the street in 77 and 78 to create that kind of presence. Its not something he wants to do and asked Mr. Crum. who was seated in the audience, if we recommend to the City Council going with the option of the impact team that will cost S619,000, does he have any idea what Page 16. f type of property tax increase this would involve %%ith the 4%i contracts we're already thinking about. Mr. Crum responded, at that moment he did not have that information. Aloemian Newman said he would like to know that to be able to say yes or move on that, ;'so to move toward creating this goaB of sustained presence where the most crime is, is not empty. Alderman Moran aske<: if we want Chief Kan;izski to come back to the committee with specific recommendations in that regard Aloemian Feldman said t-re would like him to bok at reallocation of present resources to create a six -man inipact team that would have increased police presence throughout the community. He would expect an area such as Howard Street would get more than its share, because that is clearly where it is needed. Ms. Peterson did not want to diminish the value of the problem solving team as when they're around, which is not very often, they do know the people in the neighborhood and thie people do feel it is a good thing. However, she is not in favor of a 16°% increase in property taxes. (Alderman Feldman left the meeting at this point, 10.30 p.m.) Alderman Newman was not suggesting reallocating some of these rescurces or that he knows the best way to fight crime, he is asking the Chief to give his professional opinion whether or not we would be stranded by increasing the visible presence in some of these spats. His theory an the problem solving team was he always wanted it to be expanded but the philosophy they started about six years ago was that everybody was going to be a problem solver. Given a beat that might be working in 77 and 78, but the three other officers that have an 8 mile wide area are not going to do what we intended the program to do, he is trying to find out when the Chief pulls staff are we going to be at least at the 8 level where we have a semi acceptable team. Ms. Peterson said some of the areas are already suffering because of the intensity of problems in other areas. All the resources are being allocated to those problem areas, which are very real and very serious but leave the other areas hanging out there and she could be among those hanging in the balance. Other Aldermen commented that is what is going in their wards also. Alderman Rainey said that is exactly the point she has been trying to make, you should be very upset that there is all this need and attention to my ward or another ward while you're being deprived of what you're paying taxes for. People should be like Ms. Peterson and demand to get their fair share of police protection because there are not many neighborhoods that could not use a problem solving presence. She gets tails from neighborhoods in her ward that have virtually no crime, but trey have problem issues that could become criminal issues and they need a problem solving team. Ora of the things she recently did, and suggests everybody who has access to the internet should do, is go to a website called Community Policing that covers issues into policing all over the United States in major forward thinking communities. The focus of the year 2000 policing is problem solving, while its not always something that police officers who have been on the job a long time take to, it is what people in the community want. There is nothing worse than driving clown Howard Street and seeing three police cars frisking people. She knows panhandling is a problem but this is not a sight one does not want to behold. The whole issue with the problem solving team is it should be intensified as opposed to eliminated. The police who do the problem solving in Beat 78 know who is related to whom, who lives where, who used to live here, which �s extremely helpful in deterring some crime. The impact idea is good but she leans more towards what Alderman Feldman is asking, maybe we really need to do a better evaluation of how to deploy people. Alderman Rainey asked Chief Kaminski if the community is going to notice the impact of being police staffed and when will this come about. Chief Kaminski said it will certainly be noticed and will happen around the first of the year. Alderman Rainey asked if there is a clear understanding between the Chief and Human Resources that this hiring process has to continue, this was promised in A and P W, but did not happen the last time and she wants to make sure promises are kept. Chief Kaminski said he has informed this committee of the plans for the next twelve officers that have already been hired, there is a Civil Service meeting next week when there will be five more people for interviews. Another written test was just done where 33-38 passed, interviews were done on Page 17. those that passed the written test, from those 31 passed the interview process who will go for physical agilitt/ and then for polys and psyches, then be brought into the Civil Service process. Another test ,will start in September. We are keeping processes moving along to try to get ahead of the game. this :s where we are today. Alderman Moran said from his perspective when looking at the staffing issues he wv-,Id at leatzt invite the Chief to examine the perspective of root causes of whatever difficulties we're incurring in terms of keeping up. If the Chief is going to come to us with recommendations in terms of staffing and/or depiloyment he would be anxious to hear discussed issues related to why we need that as opposed to this block of this part of town, this beat, this Ward, whatever. In other words a very direct discussion of What our biggest challenges are and how you would meet those challenges. Alderman Moran thanked Chief Kaminski for providing the committee with articles and the survey of police chiefs around the cocsntry. Hepersonally agrees with the indications denominated as youth crime and violence problems and thinks t`nis is a big problem in town and something we have to get on top of because the more we do in terms of prevention the better we do in the long haul as a community. Early childhood and education programs and asfter school programs are very important. He has been reading the daily crime sheets quite a bit lately and ctiearly in his laymen's view there are some burglary rings in town focusing on certain items, cell phones, bicycles, and tools, and these burglars know where they can go and get these particular items. These are things that need to be looked into. Alderman Newman strongly supports the problem solving team when it is fully staffed and was only limiting his comments to a high person. Also, he keeps nothing in his garage except cars, his tools are kept in a locked shed, an he cannot believe that people on his block that leave their garages open and their windows open. In Evanston if you follow the direction of the police department you will have less problems. We should also get tough with people in this town going through garbage, as he is not sure they are all antique collectors. These are things that need to be more intensely promoted. V1. CONSIDERATION OF THE DISPOSITION OF CITIZEN COMPLAINTS AGAINST POLICE OFFICERS Alderman Newman moved for acceptance. seconded by Alderman Rainey. Motion unanimously accepted (3-0). Alderman Rainey noted there were hardly any complaints to which Alderman Newman said thus far with half a year gone by there have only been six complaints. Alderman Rainey asked Chief Kaminski the number of calls received by his department to which the Chief responded on an annual basis about 60,000 to 65,000 calls and we make about 3.500 to 4,000 arrests a year not counting tickets, traffic a1lercalions etc. Thus far this year they have received about 35.000 calls. Alderman Rainey congratulated Chief Kaminski on the results of the survey. Alderman Moran added we never talked about all the fine letters and communications the police department recei%/es from a tremendous range of people. He always reads them with great interest and appreciates the efforts of the Chief and the entire staff. We have a very good police department which the packet is good proof of. Vil. CONSIDERATION OF RESOLUTION 68-R-00 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE UNION PACIFIC RAILROAD REGARDING MURAL PAINTING ON VIADUCTS Alderman Newman moved approval for Resolution 68-R-00, seconded by Alderman Rainey. Motion unanimously approved 3-0 . Page IS. s VIII. CONSIDERATION OF ORDINANCE 80-0-00 INCREASING THE SIZE OF THE PUBLIC ARTS COMMITTEE FROM NINE TO FIFTEEN Mr. Kelly, Co -Chair of the Public Arts Committee, said the previous chair just burned out. There are so many projects going on in town everyone on the committee needs to be spending a lot of time on. He is spending a couple days a week on projects, time which he cannot afford, but he also cannot stand to see the work not being done. They desperately need people and if anyone knows someone who wants to be on the committee they need to expand and are looking for people who are willing to put in some time. They are getting a great response to the public art show but do not have people to do everything needing to be done. Alderman Moran remarked the Human Services Committee appreciates Mr. Kelly's efforts and those of the other members of his committee. He is a great believer in the great rewards of public art to our community and supports getting the committee all the help they can. Alderman Rainey asked the qualifications for committee members, as she will put in an appeal on her website. Mr. Kelly said qualifications are for people to be in the arts or connected with the City management and they need anybody knowledgeable about the arts or architecture and that kind of study. Also, if they are willing to be working members. Alderman Rainey motioned for approval of Ordinance 80-0-00, seconded by Alderman Newman. Motion unanimously approved (3-0). IX. SECIAL MEETING WITH ARTS COUNCIL Alderman Moran noted this meeting will take place July 1r . Mr. Terry said the calls to his office regarding when this meeting is going to be scheduled have been very significant and would recommend this meeting be held in the Council Chambers rather than Room 2402. Alderman Rainey asked why there is such interest in this meeting. Mr. Gaynor said the proposal from the Arts Council is to separate from the Parks, Forestry, and Recreation Department and become its own separate department and be administered by the City Manager's office and the Human Service Committee. X. HUMAN SERVICES COMMITTEE AGENDA SHEET PENDING REFERENCES Alderman Newman wanted to withdraw his reference under School Liaison Office. Establishing a Marina has been on the list for some time and he is not sure if it is a serious reference as it has been on the fist for over two years and wonders if Alderman Bernstein wants it to be addressed. Alderman Moran asked Mr. Terry to contact Alderman Bernstein to see if he v4shes to carry on with this reference and if so we wilt get it on the agenda sometime soon, if not the committee can choose to bring it up or remove it from the list. Alderman Newman requested the background for the 1966 plans for a marina which Mr. Gaynor will attend to. Alderman Moran asked if Alderman Feldman's reference Police Outpost and Other Special Needs should remain on the list. Alderman Rainey said that was listed when it was intended to put police outposts all over town where ever they were needed. Alderman Newman thought it is still a valid reference. XI ADJOURNMENT The meeting was unanimously adjourned at 10:55 p.m. Respectfully submitte , Audrey Trots , Department o eallh and Human Services Page 19. MOL DRAFT - NOT APPROVED CITY COUNCIL HUMAN SERVICES COMMITTEE Monday, July 17, 2000 Civic Center - Council Chambers 7:30 P.M. MEMBERS PRESENT: Aldermen Feldman. Moran, Rainey and Newman STAFF PRESENT: Roger Cream, Kathy Brenniman, Mary Morris, Judy Witt, Doug Gaynor, Maureen Barry, Tony McKinley, Bob Domecker, Mamie Smith, Jay Terry, Audrey Trotsky OTHERS PRESENT: Mayor Morton, Aderman Bernstein, Alderman Kent, Alderman Engelman, (See attached attendee sheets) PRESIDING: Alderman Moran I. CALL TO ORDER Alderman Moran called the meeting to order at 7:39 p.m. and announced this special meeting was requested by the Arts Council to address the Human Services Committee. In the normal course of events the Arts Council has always advised and counseled with the Human Services Committee thus we are the appropriate forum to do that. There have been some organizational and governance issues raised that the Arts Council wanted to speak to this committee about and this special meeting was scheduled to enable everyone wishing to address this committee to do so. This is an opportunity for the Arts Council to make a presentation to the committee, to talk with us, and have any other interested parties address us. He views this as being a larger discussion mostly with input from citizens in the Arts Council. Alderman Rainey has asked that everyone be informed that she has a commitment and will have to leave the meeting for a brief period of time. Il. DISCUSSION WITH EVANSTON ARTS COUNCIL Alderman Moran asked that Arts Council members in attendance be introduced. Davin Mickenberg, Chairman, introduced Andrea Leland, Michelle Brodsky, Naomi Feldman, Amy Sideman, and John Wortheimer. Mr. Mickenberg said there were some distinguished guests in the audience tonight, Ron Isaacson, former Chair of the Arts Council, Mr. Cusack, one the original founding members of the Arts Council, Jerry Housman, Public Arts Committee, and a number of people from Noyes. Mr. Mickenberg said this discussion has been ongoing for a year besides discussions on numerous occasions with Roger Crum, Evanston City Manager, and with several members of the Human Services Committee and the City Council and wanted to thank everyone for this opportunity tonight. He thought he would start his presentation by asking four questions based upon general topics of discussion that he is not certain there are answers to. The first question. what were the sanitation and water policies of the seas of ancient Rome; second, what were the property taxes in renaissance Florence; third, what is the per capita investment in public education in eighteenth century England; and fourth, what were the purchasing requirements of a municipal government in colonial Philadelphia. He can't answer any of those questions but since he is a specialist in twelfth century French provincial architecture he is sure there is somebody at Northwestern that can answer some of those questions. We cannot answer those question for while they were important issues in their day they set no standards and define no relationship to humanity, they issue no visions to the future, and they rarely challenge the current contemporary society to be better than what they were at that particular moment They do remember the works of Michelangelo, of Praxiteles, of Hogarth, of daVnci, of Benjamin West. We know these names because they represent standards, they influenced society, they influenced identity. they developed a conception of what it means to be human and then challenged their time to live by those standards. They set the tone, collaboratively developed the ideas, challenged leadership who were integrals to the quality of life for the definition of rights to the ability to express oneself and to define community_ They Page 1 . s� were artists, an array of organizations, and cut a swath of creativity nn the indifference to-13ange history. Mr. Mickenberg said as a guide in our struggle to make the present better %%e sometimes must return to the past to meet that goal. While we lock to the future we must cast a glance off our shoulder and say something of the past might be worth keeping. It lasted poets, playwrights, the philosophers, the painters and the sculptors of the past. We look to the future with optimism and creab,.sty, with little regard to sacred cows and much regard for community, for ind Aduality, forms of creativity, and need to constantly tape advantage of opportunities to enhance our community and make it a getter place for all to live. Every once in a while he finds a quote he uses very often and wanted to read one thing H.L. Mencken wrote in 1923, when he said, 'Out in Chicago they take the fine arts seriously and get into such frets and excitements about them as are raised no where else stated by baseball, murder, political treachery, farm wars, and romantic loves.' If you read the Roundtable or the Review some would say we have our political treazhery. We do fret about the arts, if we do out of an understanding of how several of the arts are to education. second only to quality of life in our City. We understand how important the Csty's allocation to the arts are and demands those funds be spent wisely and with care. We fret because of czar need to address issues and access and inequities, we focus on the ability to do better and act with more concern for the worse day in our community. We fret, as Mencken wrote, because the arts are more than recreation, they are the heart and soul of what makes us human and provides one of the fundamental grounds upco which this community distinguishes itself. Mr. Mickenberg noted he is here, not as the Director of the Block Museum of Art, not as a grateful past recipient of EAC funding, nor as a property owner and therefore a taxpayer in Evanston, nor as just a registered Evanston voter. He is as the elected Chair of the Evanston Axis Council, a position he holds in great honor and esteem even as statue of moose who have come before him. Given the excellence and knowledge of the current members of the Council and the enthusiasm with which they approach their advisory and leadership role in the arts, he is here representing a unified Council and a very much unified arts community which for the past year has grappled with a vision for the arts and today presents that vision in part to you. It Is a vision that asks the City to return to an administrative structure that was more fitting to the mission of the Arts Council as it presented in the 1976 enabling legislation and one that acknowledges the professional needs of an active, integrated, integral, City Arts Council. This is a council that is engaged in all sections of the community, that gives voice to many interests, that advocates vociferously on behalf of propagation and inspiration of the arts in Evanston. It is the vision that takes into account that Evanston has more community arts organizations, more directors, film makers, art funders, trustees, and directors of arts organizations, artists, playwrights, poets, choreographers, dances, and literary figures, than any community surrounding Chicago, and in certain areas the quality of how they do far outshines what occurs to the south of us, It is the vision that takes into account the activities today and to achieve that vision and the changes that came out of the September 1999 retreat. It's a timely vision, the just published survey of current residents of Evanston implements by sense of the govemme: rtal studies of Northern Illinois University tells two truths. In establishing the questions to be asked to be designed of the survey, not one of the departments has asked about the arts in the role they play in, commerce and economic development, police. streets, social services, cable TV, or communications. That tells us something about where we need to go to infer that the arts are an integral part of the fabric of Evanston. Yet the one area in which the arts were mentioned, the community overwhelmingly supported above all renovation projects, the renovation of the Noyes Cultural Arts Center. It is a vision that could not cost one dime more than what this City has already allocating to the arts. It is a vision that does not change the role from advisory to one of fiduciary responsibility. However, it is a vision that does expand the role of the arts in the community in the various different facets he has previously talked about. At this time Mr. Mickenberg made a power point slide presentation on The Evanston Arts Council and noted the Arts Council has been nine members, soon to be fifteen, of the Evanston community. The Arts Council members are directors of private foundations, directors of arts organizations, teachers and scholars, performing artists, visual artists, journalists, writers and poets. They represent small and large Evanston based organizations and representative of a diversity of talent the ethnicity and acknowledge of our community. He is referring to both the current Evanston Arts Council members and those soon to be appointed. Last year the Arts Council worked with the Mayor, the community, and the determining additional members of the Arts Council, to fill six new spaces on the Council and making sure the Council represents the diversity of organizations, talents, and skills necessary to make an Arts Council flourish. When you add together all the skills and years of service to Evanston, we have 300 years of arts management, expertise, and experience that Page 2. X. will be represented on the extended council. They are some of the finest leaders throughout the United States and in the development of our program we have high standards of excellence, they are represerrtati%v on the Council or on sub -committees of nearly every branch of the arts within the City, within its region. Mom than that they are knowledgeable of the fact that Evanston is the community for the arts, that the people who live in Evanston are some of the very people who lead and fund the great cultural institutions throughout the City of Chicago. It is the mission of the Arts Council to insure that those people participate and come to titre table What is the Arts Council mission? This was revised at the last retreat, to read, the Evanston Arts Council. a public agency, creates an environment for artistic expression, promotes the arts of Evanston. develops opportunities for the involvement of all citizens in the arts, and ensures a significant role for the arts in the community for future generations. More than that, the Arts Council has positioned itself that it is responsible to promote and ensure that the arts are focused on excellence, conceived as education, understood as economic development, and concerned with advocacy, and among the primary missions is the arts are accessible to all. The Arts Council is here to assist and promote and development new arts and arts organizations to our community. In so doing we promote and foster the professional growth and excellence of our artists, we help stabilize economic health of our arts organizations, we assist in the identification of community in arts needs, we helped develop programs and opportunities to meet those needs and again ensure that all citizens have access to the programming that is sponsored by the Evanston Arts Council- One of the foremost aspects of what we do, or we think we should be doing as an Arts Council, is a promotion and collaboration of integration of the arts throughout Evanston's social economic, political, educational and professional communities. It is our role sponsoring organizations and artists to programming in the City to foster the understanding of cultura! diversity and respect for ethnic, religious and racial heritages that are the fabric of our community. Since 1976 we have provided a mechanism for all those who are, or want to be, a stakeholder in the arts to have a voice in the operations, programs, and activities, and the future of the Evanston Arts Council. We wish to bring to the table those in the community who have the talent and expertise to develop the arts and integrate the Evanston Arts Council activities with our various constituencies. We want to make sure that through advice and counsel those Evanstonians actively engaged the arts are actively engaged in our community. Finally, we acknowledge with gratitude the fact that the Evanston Arts Council is in a City supported agency. It is one of those rare occurrences of public funding to the arts that has been successful. We also realize that the well has bottomed and the Arts Council through advise and counsel is again responsible for increasing the resources that one can bring to bear in support of the arts in our community. To aid in legislation in 1976 the scope and purpose of the Arts Council to support arts and arts organizations that is a community wide resource to provide leadership to develop programs in support of the artistic excellence. At the last retreat the Arts Council established several directions, the expansion of the impact of the Cultural Fund, to see the funding base for the cultural base expanded, and to see a close revision of where those funds were going in the expansion of the opportunities that are afforded to the community Want a redefinition of the professional implementation of the Noyes Cultural Arts Center. We are recommending the creation of two 501C3 organizations, the creation of the Evanston Arts Foundation, and the creation of Evanston Festivals Foundation that would be primarily fundraising institutions devoted to suppofting both the Arts Festivals in Evanston and the Arts Council and Cultural Fund. It is top priority increased community participation in public art and increased advocacy on behalf of the Council, its programs, and the arts community. Three goals were chosen to increase community participation, diversity, collaboration, and representation. Seeing that the Arts Council does not view itself primarily as programming, we view ourselves as an organization devoted to fostering collaboration of the programming and the collaboration investment between arts organizations within our community and tell each of one them go and diversify its audiences and insure that there is community wide participation and representation on their boards and fundraising in the nature of their programming. Up until recently there have been several barriers to success from our perspective. One, inattention to the Old World goals and visions if the Arts Council, to thine own self be true, this is a criticism that has directed to ourselves. We have at times been sidetracked by issues and concerns that divert our attention to the overall goals and visions of the Council. The September 1999 retreat addressed those issues and brought the focus back home to the enabling legislation and support of artists and arts organizations in the City. There has been an inappropriate placement of the Evanston Arts Council within the administrative structure of the City. Placement in the Arts Council within that structure has created a perception that the arts Page 3. . X are recreation, they are not, they are much, much more. It is has made a difficulty in the pub5c's understanding and the professional community's understanding of the way the City perceives the arts. There has been an inattention to the professional meaning to the arts as seen most Dearly in the management of th-e Noyes Cultural Arts Center. It has made it difficult in attrac t ng involvement in the EAC because of the aforementioned issues. There has been a diminishment of accountability to the community and diminishes the abi!,tj to be fully to the City's quality of life and current initiatives. A perception of one of the great barriers to success has been refocused for recreational programming at the expanse of the City's intended mission to the Arts Council. In order to resolve these issues the Arts Council is recommending removal of certain banters to sw=ess. The actions today have been so far the identification and focus on the mission and goals of the September 1999 retreat, the restructuring of the Cultural Fund to reflect the mission and goals of the Council and to reflect the input that has come to us from throughout the community, to broaden the community participation and access to the Cultural Fund in terms of who received notification of the application, and the increase numbers of applicants and the increased cultural diversity of the applicants to the fund. We have broadened the cultural diversity both in terms of the recipient as well as the increased activity from the cultural diversity ccr,-xnittee in its specific relationship to the cultural fund. They have recognized it and greatly received the exparsion of the size of the Evanston Arts Council with particular concern to increase the cultural diversity of our members, to increase the representation and education of business leadership on the Council, and are recommending the increase in the size of our committee. We are recommending to you tonight a second part to the actions required to the removal of barriers to success. The first insures status above recreational programs and EAC to proper placement of each. expand EAC's fundraising capacity and further develop the Noyes Cultural Arts Center as a resource. A flow chart was included in Mr. Mickenberg's material, which recommends a new structure in which the Evanston Arts Council reports directly to the City Manager. He has great respect for Roger Crum and would hope in the process of doing this that going from seventeen people reporting to Mr. Crum to eighteen would not be an overwhelming burden. On that flow chart the Arts Council shows the indirect reporting relationship to its director, the art advisory. The direct reporting relationship goes directly to the City Manager. There are five areas of responsibility of the Arts Council, one is the Cultural Fund, the recommendation that our skills become an RFP on some cultural funds, which as he understands what happened this year was virtually bringing RFP into the community. Secondary responsibility is Noyes Cultural Arts Center, the third Public Art, the fourth Advocacy and Special Projects with Black History Month, the Gathering, the Economic Impact Study under those areas of Advocacy and Special Projects, and the fifth Festivals Evanston which include Starlight concert series, Ethnic Arts Festival and Lakeshore. As important the Arts Council is recommending the creation of two 5013C's, the Evanston Arts Council Foundation and Festivals Evanston and asking to restore the Evanston Arts Council back to the structure in which it was created and in which the Arts Council Director reports directly to the City Manager. To do so and in doing so we may take a clear focus on a specifc mission and purpose curbing enabling legislation. Under such a structure what happened in the survey of Evanston residents should not happen again if both the Director of the Arts Council, the City Manager, and the Arts Council are doing the job appropriately. It provides a clear budgetary accountability into the programs the Arts Council sponsors. It is a direct alignment of the arts and the C4's economic, social and educational goals and directions, and insures the strategic plant decided upon by the Arts Council and approved by this committee, and the City Council meets the overall City goals and directions It ensures that whatever programmatic initiative the Arts Council takes, it takes with its mission and purpose in mind. In terms of the Noyes Cultural Art Center, the Arts Council firmly believes that this is one of the most:mportant aspects of what we do. This is, and should be, a clash of unique public programming and support for the artists and arts organizations in this City and across the country. We are recommending that Noyes remain, absolutely remain, within the purview of the Arts Council and as a program of the Arts Counol that we completely implement and complete an engineering survey to look at the physical structure of Noyes. We convene a community town hall meeting on the future direction of Noyes. We develop and implement a strategic plan on TAC as a collaborate space devoted to artistic excellence and artistic residency A^th direct service to the community and in so doing create a philosophy of tenantship. We ourselves are guidelines as to rules and regulations and direction for tenantship within the building. Page 4. 9 At this paint Alderman Rainey left the meeting, 8:05 p.m. He hopes this has been clear, if he hasn't made the direction of where the Arts Council wants to go in the future absolutely Gear, he urges you to look at the Strategic Plan of the ,Arts Council. Looking at it as an Advisory Council what we would advise you to do in year 1, year 2, and year 3. In year 1, hiring a new director, establishing Noyes Cultural Art Center to a solvable, directional, and purposeful direction. Working with the Cultural Fund and creating a diversity plan for the EAC and its committees. In year 2, we are recornzwnding devotion of the year 2000 of the Arts Council Foundation and the Festivals Evanston Foundation furthering the development of the Noyes Cultural Arts Center. Finally, to look at several issues related to ted mology, which have been on the Arts Council's agenda for the past year. In presenting the plan this Arts Council is doing exactly what you asked us to do, nothing more, nothing less. We have asked you to be committed. You have asked us to be creative and to give you the best possible advice on the future of the arts in our community. You have asked us to take a leadership role on where the Arts Council should go and be, we have done so in this plan. The plan recognizes Evanston's commitment to its citizens, to growth and development of community living. We recognize Evanston's value on community conversation between inclusive discourse and examining alternatives to quality of life in this City. We acknowledge that Evanston's arts community is rich, diverse, and very acfive. We acknowledge that Evanston has had, and continues to have, support and love for the arts. We know that throughout its history the Arts Council in partnership with City Council has had a history of valuing integrating the arts in the lives and growth and development of the City, and we know that Evanston's understanding of the arts are not just recreation, they are economic. education, advocacy, commitment and respect for everything that makes us human. There are several members of the Arts Council, who over the past year, have developed a certain level expertise and have done some significant research on the structure of Arts Councils throughout the United States and he would like those individuals to speak on those specific aspects of where we are going and what we are doing. Alderman Moran remarked he would continue on with members of the Arts Council following in the path of Mr. Mickenberg's presentation and when those members of the Council finish their remarks perhaps we can have some questions to be followed by statements from others in attendance who wish to speak. Naomi Feldman, Arts Council member, thanked the committee for the opportunity to speak. She wanted to read from the original ordinance of June 25, 1975, in the Arts Council manual given to her six years ago when she joined the Arts Council. The ordinance states the importance of supporting the arts in Evanston, the need for coordination, and the creation of a nine -member council. In Section 2-213, it is stated, "The Evanston Arts Council shall be vested with the following powers; to maintain an office properly equipped to discharge its functions, to have a director and suitable staff appointed by the City Manager in consultation with the Arts Council". Ms. Feldman skipped to the last section of the ordinance, which says, "This ordinance shall be in full force in effect from the time of its passage approval in the manner provided by law." She knows that sometime in the early 90's, 1992 was the closest information she could get to date, Eric Anderson, the then City Manager, reorganized the City so that the Arts Council was placed under the aegis of the Department of Parks and Recreation. What they are asking today for the Human Services Committee to do, is nothing new but are simply asking for a return to what would technically be called the status quo antique the way things were before they were changed. The Arts Council is 25 years old, she had a list that only goes through 1993 of the various steps in the history of the Arts Council. What she wanted to point out was the greatest period of the existence of the Arts Council, that is the number of years, when they were an independent agency from 1975 until approximately 1992. It was only in the very recent past that they have not been reporting directly to City Manager. In July of 1986, the first ethnic arts festival took place and in October of 1989, Evanston received the 1989 Governor's Award for the arts. What we all want is for us to recapture that sense of glory we had and would like very much to have again and we hope you will help us. Amy Seidman, Arts Council member, thought it might be a good idea to look at the configuration of some other local Arts Councils and according to the Illinois Arts Council there are 38 local Art Councils in northern Illinois, the 14 council area that they consider northern Illinois. We narrowed it down a bit as we only wanted to look at councils that were part of their City governments and also were large enough, at least to have one full-time Page 5. person as man man councilsthroughout the state are volunteer only and the did not find !mat to be p Y• Y Y Y provable. In northern Illinois there 8 local arts councils that are structured within their City government, of these 8, one Highland Park is staffed by an employee of the Department of Community Development and that person reports directly to the Mayor. Two councils, Elgin and Skokie are staffed by employees, in Elgin the City Manager, and in the case of Skokie the Village Manager. Four councils, West Chicago, Sch. aumburg. Chicago, and Aurora, are independent City departments and report directly to their Mayors or Managers depending on the form of government. Only one of all these councils is structured under Parks and Recreation, which she thinks affirms in practical terms the comments made by Mr. Mickenberr about the inappropriateness of the structure. Tony Adler, co-founder and co -director of The Actors Gymnasium, a tenant in the Noyes Center, said his relationship to the Arts Council is that he represents arts organizations in the Noyes Center to the Counp-i. He would like to speak about of the value of the Noyes Center. Twenty-five years ago the people of Evanston did something utterly remarkable. We took a grand but unproductive old school and turned it into a home for the arts. Not a home in some abstract metaphorical senses, but in hard fact a place for working artists to be literally in residence creating art and sharing their skills with the community. The Noyes Cultural Arts Center embodies a profound vision for the role of the arts in civic life. It declares our collective judgement that there is value for us in seeing to it that the professional artists among us are nurtured and encouraged and allotted to work in a setting conducive to real exploration. Why, because the people of Evanston know that the work of artists expresses the soul of a community and that presence of artists ennobles a community that the language of artists is the one we use when we want to tell ourselves the truth The Noyes experiment has been extremely successful. The resident community includes sculptors, artisans, and painters who attract significant prizes and commissions. Dance teachers whose students go on to professional work, drama teachers who are nothing less than national treasures, and a jazz clarinetist who has performed for the President of the United States. We have a photographer among us who has dedicated himself to documenting significant Evanston events, an organization that brings art exhibits, classes, and tours to 5,000 people a year, a poet who edits a major regional review, and a voice teacher whose vocal scales make the building ring. There are an accomplished storyteller and an opera company on the 2n4 floor, a Jefferson Award -winning costume designer, two theater companies, and a circus on the 1" floor. Anyone would call this a formidable group and they have a formidable effect on the quality of life in Evanston not only through their primary work, but also through the community service they perform as a condition of residency at the Noyes Center. Noyes residents curate exhibits in senior centers, lead in school projects, organize mentoring programs for young musician, teach sculpture workshops in nursing homes, work with at -risk teens, supply thousands of dollars in scholarships, and a great deal more. But perhaps the most unique and inimitable benefit of their presence at Noyes is simply their presence, their value as role models. Creating art at the professional level requires more than skill, after all, it demands particular ways of being particular virtues, if you will. A real artist, for instance, must be intensely self -disciplines and focused, yet maintain a free and playful mind. He or she must be expansive in spirit, yet fierce when it comes to protecting and advancing a vision. He or she must see clearly and then be capable of giving formal clarity to what has been seen. These are things we all should learn. They can be inferred from the artist's work or absorbed through study, but they can only be experienced full force in the presence of a living, working practitioner, an artist. Who would you rather meet, someone who wrote a book about Matisse, or Matisse himself? This is why the Noyes Center is so precious. It houses the artists themselves and makes them and their lessons available to the community. Any decision you make about the Noyes center's future must take that seriously into account. Thank you. Michelle Brodsky, Arts Council member, has been a Council member for one year and wishes to speak on how the Evanston Arts can attract high quality leaders both in its professional and lay leadership positions. By professional position she is referring to the paid staff in the Arts Council, their leadership, of course. refers to the members of the Arts Council and it's many sub -committees. First, let's examine the concept of leadership as stated in their book credibility, James Couzas and Mary Posner define leadership as a relationship, "Leadership is a relationship, one between constituent and leader that is based on mutual needs and interests. Page 6. The key to unlocking greater leadership can be solved only when you seek to understand the service relationship.' Let us now examine the service relationship between the Arts Council, its leadership, and the community of Evanston at large, among that a.so the arts community. This relationship must be based on mutual needs and interests, key to these mutual needs and interests are leaders who understand the arts as a discipline, as a business, as a community resource. Expressed this evening was rant only the accomplishments of the Arts Council, there are many goals and yes, we do have a long way to go in meeting some of these goals. These goals will be achieved through experience in leadership. In order to attract quality leadership, both in paid and volunteer positions, the Evanston Arts Council must function as a professional arts organization. In staff positions we need professionals who are trained and experienced in the field of arts administration. The arts are complex and require unique training and a unique background. Since the 1970's the fields of arts administration has grown and flourished, there now exist many training programs and fellowships across the country. It is a field unto its own. There are many talented individuals out there who can bring a wealth of experience and training to the Evanston Arts Council. However, these top notch professionals will only be attracted to a healthy focused Arts Council and most logically the scent of professional leadership will then attract high quality lay leadership. Leadership will come to a City where the arts are not used as recreation but on their own serious merit. The arts are not recreation, they are culture, education, collaboration, and are interval to the fabric of our community. It will continue to be difficult to attract such individuals under the current structure. In closing she retums once again to Couzas' and Posnees definition on leadership, "a relationship based on mutual needs and interests.' The Evanston Arts Council needs quality leaders who understand and are interested in the arts for discipline as a business and as a community resource. Under our proposed plan we can attract the cream of the crop to the Evanston Arts Council. Thank you for attention. Dick Cusack, former Arts Council Chair, said rt has been a while since he has talked to a Human Services Committee, maybe 20 years, but when he hears there is a possibility involving Noyes and the Recreation Department he jotted a quick letter to Mr. Crum. In his letter he said the main idea we had forming the Arts Council in 1975 when Phyllis Seliis was the first and he was the second Chairman, was to provide a base for serious artists to produce serious work. Not all were serious to begin with but their intention was certainly serious. This was to be a full time effort, not weekend or recreational effort, that was very Gear. Kindergarten classes in art rightly belong to recreation. Recreational art cheapens the function that rightly belongs to the present tenants and is now beginning to flower. He was amazed to walk through Noyes and see the quality of the art hanging on the walls showing the diversity that now represents the tenants. He does not know if you have noticed the improvement and quality of displayed art now presented at Noyes. This is a big step forward for the community to know that serious art is underway and is supported by the City. The etriciency ball is rolling, as it must, but its rolling the wrong way. Noyes is for the serious artist, that is what launched the concept when we began. This was Ed Martin's idea and Aldermen Lieden and Lauterback. He would hope that you would hold ground against the delusion of combining functions. He must say he comes to this position with a bias because both John and Joan owe their professional status today to schools that trained them at Noyes. They became serious artists because of the training they received. His last and only point is don't fix when it doesn't need fixing. Byrne Piven, with his wife Joyce is the Co -Artistic Director of Piven Theater Workshop, said Tony Adler has left very little to say, he said it so beautifully. He does not know that he is going to say that's different from what Tony said but will say it in his way perhaps it Ynll have a resilience for you. Noyes Cultural Art Center under the aegis of the Evanston Arts Council is at once the most inspired and most practical of jesters. It was 26 years ago that Mr. Cusiack and Phyllis Sellis recognized that art is what defines us as human beings and it is most practical, was then and is now, to support one's community by encouraging that which searches out some essence of who we are and what we can be. Aft is not a hobby, even if you never make a dime at it and work as a bartender, waitress, or auto mechanic to earn your bread, if art is your vocation and it's a life's work then it takes a life to do it. So too is the administration of the arts. Our art at the Piven Theater Workshop is based on play, we try to find the sources of our connectiveness through play as did the great dramatists and storytellers from the Old Testament Joseph to Homer, and Sophiclies, and Hemmingway to Marmot. Play is the key to the search for the essence of our humanity. Basketball, football, baseball, and soccer are all play and he loves them all, especially basketball. But, even Michael Jordan cannot hold the mirror up to nature, so virtue for your own feature scorns its own image and in the very age and body of the time is form and pressure. What we seek here is a new concordance between the City of Evanston and the Evanston Arts Page 7. ou ors ':fie Human Community. We need to get past the tension between the t�-politic and the body part and y Services Committee are exactly the right peop*e to do this and set this in motion. Art is they utbrrnate human service. The Evanston Arts Council under David Mickenberag, whose life has been and is devoted tr art. can help us to renew the pledge that -was made in 1875 to nourish the community by nurturing the ams in nis unique endeavor, Without a professional director dedicated to the arts, and trained in arts marapernerd, we will remain under the direct ccr&,:at of a branch of govemment whose expertise, priorities, and min ian are palpat*f different from not only in quality but in kind This is not an issue of better or not as good, not even quality, he is sure these are wonderU people in their field, but it's a different kind of work. Even though art is recreative in its nature, the Evanston Arts Council is clearly by definition the one body that should be in charge of administrating arts prograrrrning in this City and most particularty the most appropriate body to searCh out and then counsel the director of the Noyes Cultural Arts Center who is a marvelous instrument cf democracy that Eb Moran and his colleag-%es generated some 26 years ago, we need to return to it. Art is in itself a community service but such, is the mission of the Noyes Cultural Arts Center and especially tlne Piven Theater Workshop that we include service, and he says this because of some accusations of elitist; but we are very precious and proud of our service to DCFS. Catholic Charities. Y.O.U., and for the past terF years to the Off the Street Club. You might take note that 25% of our student body is on scholarship. He is finishing up marking his 50`" year as an actor, teacher, director, and being arrogant enough to attempt a Iiittle of King Lear at the Piven Theater Workshop next season. When he thinks of the foots and observations he says' I'd have thee beaten for being old before being wise', and he wonders how wise it is to come before ycu who may have already made up minds for reasons that are well beyond him as how you want to go, but he ccimes to you with an open heart and an open mind and hopes you receives what we all say here with open t-earts and open minds so we can return the center to its original vision and restore the Evanston Arts Council to its function as the arbiter of the arts and the community separate from Parks and Recreation and responsibloe directly to the City Manager. In closing Mr. Piven shared a quote from his son. Jeremy, ' I was a lifeguard on the beaches of Evanston, played football for ETHS, and ran myself ragged on the soccer fields of this town. I was nurtured in the dynamic of human interaction of my parents in their workshop at Noyes. I know the importance of arts and of recreation and the difference of the two, save them both. Separate Noyes from Parks and Recreation, honor the City's commitment to the artists at Noyes and those who skate at Robert Crown.' Dick Beach, Chairman for the Small Business Community for the Evanston Chamber of Commence, wanted to speak about the economic generation that the arts bring to the Evanston community and hour important they are to the small business community. We view the arls as an integral and essential parl of developing business for our community. The stronger, more professional the arts community is, the more business it generates for all of us. It is a well-known fact that the arts draw more people to a viewing aLdience than any supporting activity combines A strong professional arts center in Evanston with a professional arts council running it can do nothing but enhance the economic growth of our community. With all the new development going on in the downtown area and all the new things we hope for in our community this is tt-e right move to make it so we have a professional arts council running the program for us to help create this economic generation we so desperately need here for our small businesses. He appreciates the time g,,ven him. Alderman Moran announced that concludes the remarks from the Arts Council and asked if the committee was in agreement to continue with hearing the rest of the speakers. Alderman Rainey relumed to the meeting as this point, 8:45 p.m. Richard Halstead, spoke as two different people, as a resident of Evanston and also as a Director of a small school he has at the Noyes Cultural Arts Center. He has some comments directly and indirectry related to this issue of whether or not the Evanston Arts Council should continue to be under the Recreation Department or if it should be a separate entity. He does not know that he is qualified to make any kind of real judgement on this issue but does know a few important factors that should be considered in order to make the correct or appropriate decision. The arts represent very different things in Evanston than they do in public communities. As we all know Evanston is unique, it is artistic cultural environment, and many people have spoken to that Page B. already, it is a matter of pride for us as residents, it's a matter of choice in lifestyle, its a matter of mutual interest for people who were attracted to live here and work here, there is also a connecting link in this City where cultural diversity is a reality that we generally raise as a truly impor3ant value and sometimes very sadly it is this kind of diversity that pulls us apart, so we need this kind of unifyirg factor. He knows when there is talk about budgetary concems of the City the arts very logically are thought to be less essential than sewage and things of that nature, and it's a good place to cut comers to cut the fat, but- he would like to suggest that tonight you look at this from a very different perspective which he thinks you are already beginning to see from things already said. There are two money solutions to money problems that are always either reducing expenditures or raising more money. Arts generally come under the category of expenditures_ Rather than ccosider the arts as a drain on the budget we could look at it as a part of what has already helped to maintain the budget at its present level and think of it as an aid possibly in increasing the budget i;n the future. As rt has already been said more people and more business in Evanston attract more money to the City's coffers. The arts are a major factor in attracting people and business to the City. It attracts people to the restaurants, to the book stores, cafes, movie theaters, places offering jazz, folk music and classScal music, which spills over into the shops that sell sheet music, those that sell and return musical instruments. There are shccs that sell antiques and home decorations. People who come for the arts here are inclined to patronize places like that. There are commercial photography studios, boutiques, stores that sell imported oriental carpet, frame shops, art supplies stores, we have the largest art supply store here in Evanston than the entire North Shore and possibly the entire northern suburban area. People come here from all over the Chicago area and beyond that as we have created a Mecca for these kinds of things. We represent the nicer cultural amenities and when people want a taste of that they come here to Evanston. If they really can't live v thout those things they move here, as he did, so they can have a steady diet of that. If it is the company were talking about that wants to attract good people that might be a fact for deciding to move their offices here. Another consideration of economics involved here is the fact that there are some systems already in place that are effective methods for providing art events activities and services in extremely cost efficient ways. The Noyes Center could be a model for the essentials of this kind of cost efficient thinking. The Noyes Center provides Gasses in dare :e, theater, drawing and painting, sculpture, circus arts, stage acrobatics, puppetry, jewelry making, music, and storytelling. The Noyes Center has three theaters for live performances, sometimes there are three performances going on there in one evening making it very difficult to park in the parking lot. Mayt>e elsewhere there might be another performance going on, that would be four performances in one given night organized by other people in that building. The interesting thing about this that should be considered, aside from the general management of the building the tenants provide all of the staff for activities themselves, something that is rarely mentioned. These organizations and individuals pay for all the teachers, directors, lecturers. museum guides, administrators and general office staff in that building. All of the equipment, computers. supplies, furniture, props, advertising, they pay for all of it, on top of paying the City rent for the use of these spaces. They also pay the valuable community service. He was involved in a community service program a few years ago because it was designed to redirect the creative talents of some graffiti, or tagging, artists by helping them to make a mural at the police station. He thinks it was good lesson for them on how to turn scrnething destructive and rebellious into something constructive that gave them pride and made it more apparent they were part of the community. If this City was not to provide all of these services the he mentioned from its own agencies, it would have to have an enormous budget for the arts, way beyond what it has now and still it would not be able to attract the professional innovative people it has now in this system. To explain haw he relates this to the issue of whether or not to have the arts department as part of the recreation department again he says he does not know the answer to that question. What he does know is that ultimately the person in charge of directing the methods of creating or maintaining artistic environment in Evanston has to be very knowledgeable about these things that he mentioned. This person has to understand the unique nature of our City. He or she has to understand our community, the arts specifically for what they represent here, economics of art and how it applies to us. This person has to understand the intricate relationship between these things and has to be able to communicate with them so that the City Council in those options can make its appropriate decisions about anything that relates to it. That is a service that he wants for you as City Council members and Committee members for him as a citizen and for us as a community. Lynn Hirsch, immediate past President of the Board of the Piven Theater Workshop. said she has listened to everybody tonight and this is a very political issue but you are the Department of Human Services and she Page 9. x needs to ask you what is a more human service than nurturing professional world class artists in a unique situation. Evanston has an image in this country as a unique community that has nurtured artists of all kinds, diversity, it's magical. This town has an image that is second to none for nurturing the arts community. She looked up a couple of numbers before coming here tonight, and speaking for one the Pevin Theater Workshops said, we service approximately 3.000 people a year. We have been in Evanston for 30 years, that's bigger than the population of Evanston. Mr. Halstead just spoke about restaurants, its all businesses, the people who come to this art center come here and use the City of Evanston and they appreciate vhtiat Evanston has done for the arts community. She asks you to think abou-1 that as human service. Thank you. Eric Rubenstein, memberof the Piven Theater Workshop Board, said troth Lynn Hirsch, the gentleman from the Evanston Chamber of Commerce and the gentleman who just preceded him said, essentially what was on his mind was the potential adverse economic impact on local businesses, particularly those around the Noyes Cultural Center. He is a small businessman and is particularly sensitive to that kind of potential loss of business and believes this all can be avoided if the Evanston Arts Council can assume control of the Noyes Cultural Center and also pursue many of the other ideas that were presented very expertly by David Mickenberg. Thank you. Joanna Pinsky, Artistic Director of Art Encounter, said they just located iin the Noyes Cultural Arts Center and she has also been a resident of Evanston for the past 30 years. Art Encounter is 22 years old, as everybody representing the arts has spoken beautifully about the need and importance of the arts, she would also like to add some other ideas. One of the things the arts does is creates teamwork which we always hear in reference to sports, but its also important for the arts particularly as the theater people know. There is a little difference because the recreational attitude is teamwork in order to vAn so there is always competition. Competition is a very important part of our culture and we need to understand that. In addition to competition there is also connection. and the arts are crucial in bringing the connection between people, between different ethnic groups, between generations, the arts teach us who we are as individuals and hopefully support and accept our individuality as it is important that the arts stays under the ad. ; rinistration of an art director than can really understand the purpose of the arts and support it. Thank you. Alderman Feldman thanked the people that spoke and articulated the dream of Noyes so fully and beautifully, it's a philosophy he has shared for a long time. Some of you might have heard him speak to you about that privately and in public meetings. in many ways you are preaching to the choir, but it is always wonderful to hear the uniqueness of the City and the beauty that we have here and the marvelous esthetic and emotional and intellectual center that Noyes is to him and the community. In marry ways the City Council has responded over years to justify and enhance that vision both in terms of its interest in the amount of money spent on Noyes and there is no an argument about the importance of art in Evanston. People on the Council understand that and certainly understand not only the nourishment it gives to our citizens but its economic importance to this community. Many of the things he heard were wonderful and reinforcing. He is having a little difficult time in trying to figure out how the love of art and the preservation of Noyes as an institution and the function of the Arts Council is so inextricably connected to one thing. He would like to preface that by saying he can't imagine an Arts Council not staffed by the most professional of leaders, someone that the City would hire that would do credit to the vision you expressed tonight and add to that vision the competency and professionalism that we need. He does not know of any of his colleagues who feel that that kind competency. excellence, leadership, insight and understanding should not be the kind of employee we hire the Arts Council. If that's the case, his next question would be whether or not all of these goals the Arts Council indicated, he went through the list as they were articulated and checked off all those he agreed with and they are practically unanimous. The only problem he had is whether or not that specific form was absolutely essential for the achievement of all of the goals. If in fact you do get the kind of leadership and staffing you need why then would there be any danger of mixing arts with recreation. Why would here be any issue regarding that, this is something he does not see. He does not perceive that as a danger. but clearly you do, and he wants to know why you think that might be the case. It was articulated just a moment ago that the person that leads this effort has to be of extreme excellence and high quality, a person that's ultimately responsible for the arts in Evanston, or the group that is responsible for the arts in Evanston, is riot any one person it's the City Council and then it's the City Manager. If there is a reporting at all the people that drive, inspire, create, give direction, implement that issue are all Arts Council people. If the City Manager is not the ultimate person responsible for it and you get the kind of leadership that you've all searched for and wanted for a long time, why then is this Page 10. split so essential? Mr. Mickenberg said when he first became chair he made the rematk to several people that he drd not think it mattered one way or the other where the Arts Council was positioned. He was told he was NvzaN and he thinks he has been proved substantially wrong. He wanted to gi-va this answer in a couple of ways, Mr. Mickenberg held up the Arts and Recreation Magazine said this is a great magazine there are same pretty phenomenal programs in there. We have a terminology problem. this ki, the Arts Council is not the arts. it contains aspects of the arts, it contains really important programming in arts, it is not the definition of the arts and propagation of the arts organizations to support the artists community that we are talking about. We're not talking about not doing this we think this is truly important, but %%h.at has been left to the ssde in the propagation of the development of this is what the original purpose of the Arts Council was. What we have stated tonight is that we think it is less likely after talking to people Mic might be interested in the position of Director of the Arts Council that we will attract the kind of leadership under the current structure. Possible, sure, probable, we have our doubts. Over the years we have witnessed the constant allocation of staff time into the recreation programs at the expense of why the City Council created the Arts Council in 1976. One of the reasons we made this proposal is that the propagation of the arts organizations the integration of the arts and education, the collaboration between District 65, 202, and the arts community. The organizational collaboration and the development, the support for stabilization and for growth and in fundraising has not happened and should be happening, that is the reason why you created the Arts Council under the current structure. It is the Council's best recommendation to you, leadership in the arts needs an independent reporting structure so it can concentrate on what it was originally supposed to do. Alderman Feldman said that somehow he was not quite getting it. He understands the point made about not being able to attract leadership if its under recreation, but he is not sure that is the reason that we haven't been able to hire the people that we wanted to hire. You again repeated the idea that you want to do what you're supposed to do. It's not clear to him that the reason as you describe the Arts Council hasn't functioned and realized its mission over the past couple of years has anything at all to do with organizational structure, you make that case, but he does not know that. He's trying to figure out why Lhat would be whether its on arts and recreation or not wouldn't prevent having something you've already done which is a Outdoor Arts Committee which seems to be functioning beautifully. He can imagine other committees functioning just as well. What he feels is this issue is a recipe for paralysis, people are absolutely convirKced that literally nothing can happen of value until this is achieved. He is not suggesting its not a good idea, but is suggesting he does not know whether it's the qui pro quo of an Arts Council that does credit to this community and realizes the kind of vision you have articulated so well today. Mr. Mickenberg said he understands what Alderman Feldman is saying and what he can give you only to a certain degree would be hypothetical and that hypothetical cannot be proven to you. The best thing he could give you is some professional advise, they ran a retreat, it created unanim.:y among the Council and redefined the Council's mission statement, it brought more people to the table that have not been there before, it brought recommendation. For all the speakers who were at the Council from various different segments of Chicago's cultural community, there was not one who did not leave the room and tell us the structure would inhibit our growth. He can only tell you what he has been told by people in the funding community in Chicago from the arts, who live in Evanston, structure needs to change. We function well, the problem is that we have a difference in terminology, a difference in objectives, and the past leaders of the Arts Council have been unable to function in the areas that we perceive is the reason why you created us Will the Arts Council flourish if we aren't put under the City Manager, we think so, it depends upon the activities forcefulness and direction of the Council members and the response of the community. We can only teal you to the best of our ability we are not getting the responses from the community because of the current structure. We can only tell you that we think we're going to get responses from the community in the new structure. He was asked by Alderman Newman lets do Festivals Evanston, great idea, we can't do it or at least he doesn't think we can do it, not without a reporting structure that says to the arts community you're not just recreation, you're something else. Without being able to report to the City Manager and give advise to the City Manager that says we want to be integrated with various different departments in the City. He's not here, nor is anybody in the Council, to tell you this is the only structure, we as arts professionals are communicating to you the best way we know how that the current structure inhibits leadership, growth, and reaching the goals. We need a new structure in order to do what you have asked us to do. That is the best advise we can give you. Page 11. ic i Ron Isaacson, thinks the Arts Council has been doing a great job of e--Apressing where they want to be and maybe one of the problems Alderman Feldman is having is where th,& arts Council was and the fad that we had a marvelous Executive Director in .toe Zendell, who from the inception of the Noyes Center did a great job. When Eric Anderson made a switch in 92' and combined Arts and Recreation, which was in a lot of cases done with monetary consideration to grant money that was mailable to :'he Arts Council. that was not available to the Recreation Department but funded through the Amencan Hospital Supply to promote the first original Arts and Recreation Magazine.. Joe Zendell did a phenomenal job, dim: not do a phenomenal job because in the last years of the structure of the Arts Council, but in spite of the structure of the Arts Council. We worked together, Joe worked very hard in well run projects and so ent a good 20% of his time finessing things that could be accomplished by the Arts Council Wthin the system :hat he was required to function under. It was not the best structure at that time with other people involved and Zvith other considerat~ons that the City had regarding the needs of the City, but he did a superb job. He did ", in part because of the history of his leadership in the Arts Council and the ability to having shown the City and City Council that certain things could be done. Consequently as an existing Executive Director, a tremendous amount of credibility and leeway was given to Joe who went above and beyond his assigned abilities and responsibilities to attend every single meeting, sub -meeting, and related cause that went on in the City to make sure they heard the word arts, that's the difference. Whether that could happen from scratch in the current venue. he does not know because you don't have somebody who has come up through the ranks. What the Arts Council is trying to say is they accomplished what they accomplished in spite of before and what they wish is not a pipe dream and are not trying to build a Camelot but to recapture what was done initially and to have the ability to move forward from there. What they are saying is not totally speculative, they've shown that they have done some research and think they can make tremendous strides. People around here have also said that the City needs an Arts Council to make some of the strides that it needs within its own issues and set of goals that must be met. He knows you and some of the other Council members have that question in mind, why now, why should we when we did it before. All he can say is listen to these people, there are more people standing up here than ever before. He came here to hear what was going to be said and see if he would have to stand up and make his usual speech. He didn't have to, all these other people said what he usually says and are saying it because they are feeling it is time to take positive action and they can't do it under the current structure. Just listen to them. Alderman Moran commented that he has heard and read a lot over the course of the last week. We have received written correspondence from the City Manager on this issue from the Recreation Department. He feels somewhat inundated by much of what we have been hearing but will also say he is extremely moved by the remarks made tonight. He has always felt that the arts were an incredible part of Evanston and in the Council's continuing effort to not only deal with what present itself to us by the community on a day to day, week to week, month to month basis, but as we try to search our consciousness in terms of what we want to see Evanston be, not just today but years and decades down the road, he feels, has always felt, and will continue to feel that the arts is something we have to emphasize in Evanston. Obviously is has happened in the past and we have to continue to find innovative ways to make that continue to happen. Alderman Feldman had some practical questions having to do with certain kinds of concepts. One of which is the management of Noyes Cultural Arts Center. According to the memo received by this committee from the City Manager, the City staff has managed the center since it was opened in 1980. That meant that even in its Camelot days it was run by he City and City staff. Is it his understanding that the Arts Council now wants that changed. Mr. Mickenberg said, no, he does not think the Arts Council has made any recommendations that Noyes shouldn't be managed by City staff. What they would say is that they would like that staff reporting to the Director of the Arts Council who reports to the City Manager. The fact that this is City staff is not something we have ever envisioned recommending changing in any way, shape, or form. Alderman Feldman asked City Manager, Roger Crum, if he knows the history of when Joe Zendell was the Executive Director of the Arts Council did he literally run the operation of that building under the budget of the' -'- Arts Council and hire and fire those employees. Mr. Crum said Toni McKinley was here and worked for Joe Zendell running the center. Alderman Feldman then said, what the Arts Council is asking for is exactly what Page 12. ' they had before which is the Director hiring City staff and then reporting to the City Kkanager, to white, Mr. Crum answered, correct. June Mheirrm, said when she arrived at Noyes in October of 1976 it was an empty building Byrr,e and Joyce Piven moved in after her and she thought that the crux of the problem is since Joe Zendell cl:ed the[-e h2s been no person to take his place. it didn't seem serious right away but it is serious now. In three and a had years. Toni has had 20 secretaries, which says something. There are a lot of problems because we don't have a Director. Joe Zendell was the kind of Director that could correlate the City Council and the Arts Council, he knew about business and art and could assembly it all like a big puzzle. We need a person Uke that. We have no director so we're just floating around. It's very undistancing. Mr. Mickenberg said he made a pledge to Mr. Crum earlier that reflected the Arts Cour►ail's position tonight that we would, one, as best we could try to stay away from issues of what happened in the past and concentrate on the future and ideas of where we're going in the future and whatever issues there are pertaining to specifc cases of management we will try to stay far away from this evening and concentrate on that vision for ttie future. Two, the one he did not talk about was on the last page of the material he submitted to the committee. a recommendation on job descriptions for the Council. One of the things the Council is looking at is being a little lean without looking in any restructuring or additional funds in any way, shape, or form. He does think they are saying in the restructuring that there needs to be a very positive professional collaborative arts understanding management to Noyes that addresses the issue of the Arts Council as a collaborative community agency. Joe Zendell did provide that in part, we need somebody who really knows how to work with artistic personalities, to work with the goals, mission, direction, structure of arts organizations and how to make them accessible to the community. What is included in the packet is just an opening discussion of what we, as professionals in the field believe that the Arts Council needs in terms of staff. Alderman Newman questioned the remark made, that the City staff person manages, do you mean that the Arts Council Director has the final authority in selecting tenants and City rents at the Noyes Center. Mr. Mickenberg said the answer is we would prefer in this meeting not to answer any question relating to that in great part because we have not had that discussion with you or with Mr. Crum, nor have we discussed the mission statement for Noyes and the structured strategic plan for Noyes. He for one does not know how to answer your question except to state that Noyes needs a strategic plan, it needs a definitive mission, and it needs community discourse and participation in determining its future. Anything other than that would be unfair. Alderman Newman had questions that he wanted to hear answered from the perspective of the Arts Council. Several years ago we added air conditioning to the theater at Noyes Center. Assuming that all the needs of theater can be met, and assuming that the Fleetwood Jourdain Theater wanted to do some performances at the Noyes Center, does anybody on the Arts Council or among the tenants in the Noyes Center, feel that having the Fleetwood Jourdain Theater use the theater space there would contribute to that building becoming more of a recreation center instead of an arts center. Mr. Mickenberg said whether its Fleetwood Jourdain, the Next, its blackbox theaters in town, student productions, or Touchstone, if they fit in the mission of Noyes they belong in Noyes. If there is a structure agreed upon, City approved mission and direction and consistent policy in vocation that includes organizations like Fleetwood Jourdain, or the Next or Piven then the answer is yes. Alderman Newman's next question was directed to Mr. Gaynor regarding his memo of CIP funding for next year that there is $928,500. Is all of that paid for by the grant from the state of Illinois? Mr. Gaynor said the $928,500 represents the projects listed there, the gym floor, windows and ceiling, are listed out at the approximate cost. The $928,500 Capital Improvement Funding we're doing for the architectural phase currently for those improvement standpoints. Alderman Newman said then no additional funding is necessary to get to the $1,722,000. Mr. Gaynor said the additional funding put into Noyes that raises up that $928,500 is the grant. Alderman Newman then said no additional funding is needed from the City Council on this $1,722,000 figure. Mr. Mickenberg said he respects this conversation and thinks it's important for the City Council to have it with Mr. Crum and Mr. Gaynor. The purpose of the Arts Council's presentation tonight was to discuss philosophy Page 13. A approach and future. Our comment is we're not in the separation, our bast professional advice ao your is it's not going to cost you a dime_ We view the Arts Council and all Arts Councils as havinq..a fiduciary responsibility to be lean and bring from the community as many resources as possible The discwssion here is what's the vision of the future for how the City responds to its artists and arts organizations. Alderman Newman said he has a lot of respect for Mr. Mickenberg but in terms of his consideration of this item he is trying to get an understanding of some of the financial issues included at Noyes. The in+ttal answer -he got was the State of Illinois will pay for all 5928,500 which leaves him thinking the 51,722,000 is all paid tsar because some projects were paid for in August and October of 1999 and he is trying to ascertain d those pr•,njects were paid for by the state of Illinois. Mr. Gaynor said those were paid for by the City of Evanston, the S:928.500 is a grant of the state and in asking if there is additional funding necessary in the future for repairer -in keeping Noyes open, which is absolutely necessary, the total figure would be several million dollars above the $1.722.000. Alderman Newman recalled four or five years ago the Arts Council came to the City Council and recommended that the artists have their rents increased 10%. At that the time the artists came to the City Council and were unhappy with the 10% increase being recommended by the Arts Council and the City Council reduced that increase to 5%. He does not think some of the financial issues at the Noyes Center and within our own City budget is going to change whether the Arts Council reports directly to the City Manager or reports to the Director of Parks. Recreation and Forestry. Money is very tight now for everybody and its very difficult for us to do any project and remembers that in our last budget process at one point there was a possible 13, 14, or 15% increase in real estate taxes and the City Manager went to all department heads and asked them to cut certain things in their budget to try to bring that down. He did not just single our Parks and Recreation but all types of departments. Whether the Arts Council reports to the City Manager or reports within the department it is in now he does not think it will change some of the financial issues that face the City. Another point he wanted to make is that how the various departments in the City are organized is completely at the discretion of the City Manager. For example, he has his own opinion where the Human Relations Commissions should report because of what they do regarding housing, but his opinion does not mean that much because the City Manager is responsible for the organizational chart. He would also like people on the Arts Council to know that as a member of the Council he does not get to participate on the hiring of anybody. He did not participate in the hiring of the Administration and Public Works Director, nor when the Human Relations person was promoted, nor when the Health Director is replaced, nor did he participate when Mr. Gaynor was hired. In the City Manager form of government we have delegated the hiring of various department heads across the board to the City Manager, none of the members of the City Council sat in on the interviewing or participated on the search committee for the Police Chief, which in his mind is the single most important appointment that the City Manager has to make. In the nine years he has been on the City Council the hiring has been at the City Manager's discretion and he did not have much to say when the City organizational chart was changed in 1992. It was basically done at the recommendation of the City Manager for the reason that at that time the City Manager felt 32 people reporting to his office was too much for him. There are a number of other department heads within the City who consider themselves to be very important to the running that would also like to report directly to the City Manager, which he is simply mentioning for discussion. Alderman Moran thought all of Alderman Newman's points were good and harkened back to some of his own experiences and in some of those instances might be a little different in this situation. His perspec:ije on that is when he was on the Recreation Board in the late 80's and very early 90's, we did have a changeover in terns of the overall Director of Recreation. At the time the Recreation Board had substantial pancipabon in the work leading to the selection of Director of Recreation. The board did not make the selection but had very substantial participation. They were not involved in initial screening and when the field was reduced to a fairly small number of candidates there were interviews where all the Recreation Board were present and gave their Views in terms of ranking candidates, all of which went to the City Manager who made the ultimate hire decision which he thinks would continue to be the case here. In that particulate situation the Recreation Board saw themselves as an advocacy group and felt they had a stake in the person coming in because there was such a direct relationship there between the citizen advocacy group and the subject matter of that particular person who was going to get hired that they were heavily involved with the process. Alderman Newman asked Alderman Moran if he thought this committee should be invohed in inter+: ►ewing the candidates for the Director of Human Services and also if A and P W should be involved in advising the City Page 14. . Managershould on the Director of Adm�nistraUon grad Public Works, because if you go in one direction you s a d cant' it over on a consistent basis. Alderman Moran said his answer would be no, he does not think the committees should be involved and he would not take the position that we as a committee would be directly involved. He would see this as a process that would follow the normal course of our Human Resources hiring procedures that ultimately the City Manager would have the decision. Going back to his Recreation Board analogy at that time it was the Recreation Board that was making the input it was not the Hurnan Services Committee conducting those interviews. making rankings, suggestions and recommendations to the City Manager. It was that group that was so heaygi , focused in that particular area Which he still thinks was a good process. If he would analogize to this situaoan it would be the Arts Council the advocacy group that would focus on the arts, the group that would interface most directly on a daily, weekly, monthly basis would be involved with the City Managers office. Alderman Newman said he did not know why the same principle wouldn't apply to the Director of Human Services. Alderman Moran said he supposed it could but was not suggesting that. Alderman Rainey did not think anybody would have a problem, nor has she read anything, where any City official would have a problem with the Arts Council or the Recreation Board reviewing candidates, perhaps those in the final cut. The one thing about the City Manager hiring and firing department heads and the Arts Director is when something goes wrong we hold him responsible. We're not responsible for it, we might not have selected who he selected but when something goes wrong, the buck stops with Roger Crum, which is something we have to keep in mind and she doubts if Mr. Crum would object to some of the insight from the Arts Council or the Recreation Board or anybody else on various candidates. She certainly agrees 100% that the City Managers responsibility in this form of government is to do the hiring and firing, it is our responsibility to do the hiring and firing of the City Manager_ That works for her. Mr. Crum wished to clarify in the last go around for hiring a Division Director for Artists they did use three Arts Council members on the interview selection panel. Alderman Rainey said she was sure there is insight they could give on any special technicality. She is sure Mr. Crum has total ability to hire a Public Works Director. Alderman Newman said his point is we need to have a consistent approach, he does not think we should be picking and choosing when we have a search committee that is going to have citizens on it for a department head. He is not saying it is not a great approach but if you're going to recognize the importance of having citizen involvement, which he thinks is a great thing, but if that principal is taken we should have some consistent approach and not just say because there is a board or commission that citizens are going to be involved in advising the City Manager, but also to other positions. He does not think it can be separated because he would venture certain people who have been on this Council for a long period of time who have as much to add on the selection of an Administrative Director of A and P W as some of the people on the Arts Council would add to the selection of an Arts Director. Alderman Moran agrees that there should be consistency but the difficulty of having one system within the confines of what is being discussed comes up when defectively speaking we don't have citizen advocacy groups in certain areas and various activities that fall within the overall City government. At one time we had a Police Services Committee and it was not within that committee's charge to hire a Police Chief, but to the best of his knowledge we don't have any citizen group that directly addresses police activity. In that circumstance there wouldn't be any way to do it. In other areas of City government we do have that, such as recreation and arts, We have boards and commissions that are regularly engaged and directly work with and address the subject matters that that particular person would address. Michelle Brodsky, said she is an artist and does not understand what this discussion has to do with the director, whoever will be chosen, whether or not the person responds to Mr. Gaynor or Mr. Crum. Do you have any objection to our suggestions and if so what are they so we can answer some of your questions about your recommendations. Alderman Moran wished to answer for himself. he does not know that he would say he has an objection but does note he is getting a lot of information, getting your advocacy, getting memoranda from Parks, Forestry, and Recreation which he has read and will read and will concern more. He would not take a position on these issues tonight because he wants to thinks about this a bit and is conspired to think about how best the City could go about doing this. He is not sure he knows the best way and has heard some good ideas here but Page 15. - It does not know if we come down with the 'hest system' Mat it would necessarily be everything you're suggesting. This is something that we as a ce.rnmitlee need to explore, conternplate, discuss, etc., which is as he views this sitting here tonight. Mr. Mickenberg said the Arts Council advocated for and receiver` a structured approach to hiring a director that we participated in, and thinks we were hurt and disappointed at the final results. It was a professionally lead search and they were very happy with Judy Wits and the way it was run. They thought the appointees from Park and Recreation were really strong and it was a collaborative er vironrnent and do not have any objections to the structure that was chosen, agreed to, and was implemented in the search for a director. What this has to with is if the search is going to be as successful as we all want to it be there is a structure within City government that we feel needs to be implemented that upon heanng from people in the field, knowing the field, understanding what Ms. Brodsky talked about that the current str=-ture wilt not foster the best candidates rising to the surface. In terms of the process that was used, at this point. as a group we have no objections to whatsoever. Alderman Newman asked if somebody on the Arts Council could explain to him what the Arts Council role was in their recommending the hiring of Jonathan Gluss. Ms. Feldman said she was on the Council then and the Arts Council's role was somewhat from what it has just been, that is the City hired an outside consulting group who brought in the final candidates. The entire Arts Council met with the final 3 or 4 candidates and interviewed them with the Director of Parks and Recreation, Mr. Grodsky, and submitted to him our list in rank order of the people as we saw them, and Jonathan Gluss was the final selection. Alderman Rainey asked Ms. Feldman if that was their final choice. Ms. Feldman answered yes. Ron Isaacson answered no. Ms. Feldman said it was a majority of Council members that voted yes for Jonathan Gluss, but it was riot unanimous. FormerArfs Council Chairman, said he appreciates the complexity of the discussion this evening and as a person very much identified with the arts he hesitated to try to even comment because of the eloquence of so many others that spoke. He would even say his sense is there is general agreement and real consensus about the importance of the arts and the need for strong leadership in the arts. The issue at hand is appropriate administration and when he thinks of that he thinks of the need for those who are working professionally or those who are volunteers dealing with an administrative structure that best coordinates and articulates the views that are expressed. Was he here speaking in behalf of the Park, Forestry and Recreation, he could speak at length even not being expert in the field about matters of ecology, matters of preservation, matters of the administration of a very complex and very excellent system of parks in our community. He would speak about the educational functions that are carried on in terms of nature study, he would speak about the importance of organized recreation programs that are not just limited to recreation sports but recreation in the broadest sense. So we are there dealing with a very broad challenging and exciting field and thinks nobody in the arts community in any way wants to diminish the importance of these efforts. But then we think of what's the appropriate administrative structure for articulating the needs of parks, recreation, and forestry and also then dealing with the matter of the arts. Those in the arts community have spoken very clearly about the need for a clear, unambiguous voice that communicates and articulates programs for the arts. As Council members this is the challenge for you, we're not talking about how Jonathan Gluss or somebody was hired, we're talking about the future development the ways in which we can get a strong articulate image of the arts in our community. He thinks the contention being made here, and as a former Chair of the Public Arts Committee he can report that we have worked very effectively with Mr. Gaynor so his is not a complaint about an individual but his is a call for looking beyond individuals who may be operating now, a call for an administrative structure that will give us the clarity and strength that we see as being necessary to move ahead. Alderman Feldman thanked the last speaker and said he is beginning to see it exactly that way and began to see it right after the presentation that the issue is not whether there is support on this body or the Council floor for art as a matter of fact your vision is in the idea of a strong effective Arts Council. its tantalizing to him because the benefits are to the people of Evanston and the better you do your job the more intelligent, the more creative, the more visionary, more inspired, the better it is for everybody. It therm gets down to what is that administrative structure, what is that organizational design, that is most appropriate for your achievement of those goals and the best interest of the City of Evanston. As Alderman Moran indicated he is not ready to make a decision on that yet, he just saw this information tonight for the first time. There was a lot of methodology, rumor and speculation about what this document contains and it would have helped if he had Page 16. it a week ago, before the meeting, but is glad to finally get it. He thinks we have to think about this and we might require some more information, more definition on the part of the Arts Council for certain things as this issue progresses. At this time he is not sure what that is but as we think about we will know wtmt some of those questions might be. Alderman Feldman said he appreciates the fad that there are so many people present tonight, but in the committee rooms the type of dialogue you get is a lot more person to person and he would look forward to having the Arts Council in those comrruittee rooms so we could sit around the table and talk. He would find that very pleasant and possibly productive. Mr. Mickenberg said on behaiff of the Arts Council they would very much welcome a continuing dialogue. Alderman Moran said he knows in both going through the materials as well as hearing the presentations and remarks of everyone here tonight, questions were opening up in his mind that may lead him to communicate to those to the Arts Council and perhaps to Mr. Gaynor, Mr. CrL=, his fellow committee members where this can be explored amongst ourselves and continue in that dialogue with all of you and hopefully reach the right conclusion about which way we should go. Alderman Moran thanked everyone for their presence and participation and remarks, Evanston is a passionate place and puce where all ct us who get involved in a lot of these areas feet strongly about things and its good to see that that tradition continues. Larry Distorrn, of the Actors` Gymnasium, tenant of the Noyes Cultural Center, said in terms of structure with every person and every representative in the government there are concerns and things to be waived. The fewer people you have with those concerns making those decisions in way of a particular goal the more likely it is that goal will be achieved. Right now the Arts Council feels that there is cm more person in the way of its goals being achieved whereas if its director did report directly to the City Manager there would be one fewer person who did not have the arts in mind and did not have an arts administration background in the way of those goals. Ill. ADJOURNMENT Alderman Moran thanked everyone for their attendance and said this discussion will continue. The meeting was unanimously adjourned at 10:10 p.m. Respectively submitted, Audrey TrotA, Department of Health and Human Services Page 17. MEMBERS PRESENT: STAFF PRESENT: OTHERS PRESENT: PRESIDING: 1. CALL TO ORDER DRAFT - NOT APPROVED CITY COUNCIL HUMAN SERVICES COMMITTEE Monday, August 7, 2000 Civic Center - Council Chambers 7:30 P.M. Aldermen Feldman, Moran, Rainey and Newman Herb Hill, Harvey Saver, Mary Morris, Doug Gaynor, Maureen Barry, Commander Nilsson, Jay Terry, Audrey Trotsky Mayor Morton, Alderman Bernstein, Betty Payne, Sylvester Hilliard, Sha=. Eckersall, Mark and Sharon Coppenger, Juned Rizki Alderman Moran Alderman Moran called the meeting to order at 8:03 p.m. ll. APPROVAL OF MINUTES: MEETINGS OF JULY 5, AND JULY 17, 2000 The minutes of the July 5. and Jtily 17, 2000 meeting were unanimously aaaroved [4-0t Ill. RESOLUTION 77-R-00 AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT WITH UNION PACIFIC TO MOUNT A MURAL ON UNION PACIFIC'S RETAINING WALL ALONG GREENLEAF Alderman Rainey moved for approval of Resolution'77-R-00, seconded by Alderman Newman, motion unanimously passed (4-0). IV. RECOMMENDATION FOR PROPOSAL BY EVANSTON BAPTIST CHURCH TO HAVE A CONCERN IN CENTENNIAL PARK SATURDAY, SEPTEMBER 9, 2000, 6:30 P.M. — 8:00 P.M_ Alderman Rainey commented the only address for this Church is a P.O. Box and wondered where services are held. Mark Coppenger responded they are a church plan for a new Southern Baptist Church start. He has an apartment on Clark Street where he hangs his hat in Evanston, and will be beginning servioes at the YWCA on Church and Ridge, which will be their meeting place. The committee unanimously approved the recommendation for the Pr000sal by Evanston Baptist Church to have a concert in Centennial Park. September 9. 2000. (4-01. V. CONSIDERATION OF TOWNSHIP JULY 2000 MONTHLY BILLS Alderman Feldman mnved for anoroval of the Juty 2000 Township monthly bills. seconded by Alderman Ralnev. Alderman Rainey noted the drop in the number of active cases to 70, and was trying to figure out what happened to the 8 clients with the figure of 78 clients in June, and 70 clients in July, as she coin only account for 5 clients who did not return. Mr. Hilliard remarked that 5 clients got on SSI and 3 became employed. Alderman Rainey noted the report says only 2 got on SSI and 3 are employed, and asked what happened to the other 3 clients. Mr. Hilliard said he would have to recheck those figures. Alderman Moran asked if the Page 1_ figure for Clients Terminated, Disabled, SSi should total 5 rather than 8. Alderman Rainey asked if perhaps 0V somebody got terminated that was not reported. The committee congratulated the Township on such a fow number of clients, the lowest they can ever rer-all, Alderman Rainey asked if this low number was due to summer employment as these figures have to be k)oVed at with some meaning. We get concerned when there is an increase in clients and the same scrutiny should hold ULe when the numbers drop, Ms. Payne asked if they did not want the figures to go down to zero to Y/hic:h Alderman Rainey replied not if there are people out there who need this assistance. Alderman Rainey said rf there is going to be difficulty in communicating when she asks a question it will be most unfortunate because - she would like to know that these numbers add up. She is not questioning any expenditures but is interested in the way the entire operation works and is interested in the people involved here. There must have been some analysis as to why the client load has dropped from 84 in May to 70 in July, maybe it's a typo. Ibis. Payne said Mr. Hilliard said he would get the information for the committee. Alderman Rainey wanted to know whether or not the Township staff has had any discussion about this, what they see this as representing, she is not there and does not know why this has occurred. Ms. Payne remarked you don't have to be there, we will get the information to you. She understands what Alderman Rainey is asking, if the client base goes up she wants to know why it goes up, if it goes do%vn what was the trend that caused it to go down. That question of why the client base has gone down has never been asked for an explanation, so therefore, no, we have not made a study as to why the drop from 84 last month to 70 clients this month, and we will get that information for you. Alderman Moran wanted to personally congratulate the Township on making that progress because to him the reduction of 20% in the numbers of people who need General Assistance is not only a sign of progress but a good indicator in terms of the health of our Township. He would be happy to hear why this occurred. Ms. Payne said even though the client bases were high they did not refuse anybody or not allow anyone to get on General Assistance just because the client base was high. When the client base goes down we certainly are not trying to get people off just to make the numbers go down because we've been on a steady pace when it was high we did not push people off and now, because we're low it's not because we're not letting people get on who deserve to be on. Alderman Rainey said that is so far from what she is looking for in terms of an analysis. The economy is said to be good except for certain segments of the population and wonders if maybe there is a change in that trend. Alderman Feldman said the fact that all the reports this committee receives from the Commission on Aging, the Mental Health Board, etc., having to do with the way they perceive their client base and what is going on in the community is very important for us to understand what their perceptions are. As a matter of fact Ms. Payne responded many times to the issues of it might be the economy or something else. What he is interested in, as is Alderman Rainey, is what's going on in the community that would allow any significant change, what do you see happening, it does not have anything to do with your procedures or the way you operate but it has to do with the phenomena that would allow this to occur, and he would be very interested if you have any insight into that. Mr. Hilliard remarked a couple a things happened, they have taken their clients to job fairs where some have obtained employment. They had 4 or 5 clients who have had applied for SSi and were denied but through the appeal process the SSI finally came through. One family moved back to Alabama and another moved back to Arkansas. Those are the kinds of things happening right now. Also, during the intake process, we make sure that everything in that process is checked very carefully and nobody is put on who is eligible without the necessary documentation and home visits are made to make sure these people live where say they are and we have the landlord's notarize that they live there. The endeavors of the staff have been making more home visits and going out in the community and checking the clients seeking employment. In the past two and a half months clients have been able to find employment and some are receiving SSI through the appeal process. Alderman Newman thought the information Alderman Rainey is asking for is valuable so that we can know what is and what is not working as we participate in the allocation of resources. He asked what is the monthly number of people expected that was budgeted for and was told it was 90 people. He also asked if we have - a requirement for the people that stay on General Assistance (G.A.) that they show how they're searching for employment. Mr. Hilliard responded, yes we do, every six months the cases are gone through in a re- certification process, if they are with G.A. that long. We have contacts on where they have gone to seek Page 2. employment, whether they passed interviews, who they Contacted, the addresses, and telephone numbers. We call to make sure the reports we received are accurate. Alderman Newman thought it is very big positive for the Township office that the numbers continue to go dowry and they continue to do good work. Alderman Moran recalled the motion for approval of the .It& 2000. Townshin bills. Motion unanimously passed f4-01. VI. CONSIDERATION OF RESOLUTION 80-R-00 'WHEREBY THE CITY COUNCIL ACTING AS TOWNSHIP TRUSTEES WOULD PLACE A REFERENDUM ON THE NOBEMBER 2000 BALLOT TO INCREASE THE TOWNSHIP TAX LEVY Alderman Feldman thanked Mr. Hill for attending and asked him if what will be on the ballot is the 'shall question", to which Mr. Hill responded, yes. Alderman Feldman said if he had to make a decision as a voter and read that he would have almost no understanding of what that meant in terms of what it costs or what is being asked for. There is no way to know anything about what you're voting for, it could be that we're authorizing the Township to have some exorbitant amount of money. The 2.7% to 76% sounds like an absolutely immense jump. Mr. Hill said the Township is a non -home rule unit of government and the state statute sets forth the language, with a fair amount of precision, as to what the precise question should read. What the committee has before it without the percentages is the language that the state statute basically requires and we are limited to the exact format of the question following the phraseology and the language in the state statute. This is the approach that tracks the language in the state statute. Alderman Feldman remarked, lets say that we are limited to that, what capacity does the City of Evanston have, or the Trustees of the Town of Evanston have to make this 'shall question" more explicit or dearer, not change the language but have an addendum or something to that effect. Mr. Hill said he may have to defer to the City Clerk with respect to the explanatory language that would accompany the ballot setting forth the actual effect of this, but the question would have some explanatory language, not as part of the question but explaining the question, and believes at that point it could be the actual dollar increase. Aside from that the City Council, as the Trustees, cannot campaign for the issue but they certainly can explain the dollar changes in any public announcements, etc., that they would so chose to do. Alderman Rainey asked where does it say that the Trustees can't campaign for on behalf of the issue. Mr. Hill replied with respect to any referendum question, informational campaign is one thing, advocating the passage is the opposite. In this situation the Trustees certainly can set forth explanatory literature. Alderman Rainey said but we could not hand out brochures saying, "Vote Yes". Mr. Hill said you could as a collective of individuals on paper brochures saying, vote yes, but as a body you can't allocate funds to pass it. Alderman Newman thought the way Mr. Hill answered Alderman Rainey's question we inadvertently were giving the impression that individually our hands were tied. We're just talking about as a body of Trustees we can't allocate any money, we can't take any official position as Trustees as a collective body, we can only put it on the ballot. Mr. Hill said that is correct, but more than that Trustees can provide explanatory information about the question. The Trustees cannot campaign as a body for the question, the individual Aldermen can make whatever comments as Trustees they agree with. Alderman Newman moved that the substance of the resolution be out on the ballot savina a ballot auestion which calls for an increase of 033A00 for Evanston Townshin as a sinolp unit would be seeking an increase of 76%. so the language is to increase time Townshin of Evanstnn oronertv tax from 2.7% to 76%. Alderman Feldman seconded the motion. Alderman Feldman wanted to make that inherent or implicit in the motion along with the text that would explain it to the voters that would be part of the ballot. Alderman Rainey said there is a small paragraph on the left side of where the voter is to answer yes or no, explaining the referendum. The explanation always accompanies the referendum. Alderman Moran asked Mr. Hill when the language for this referendum needs to be voted on by this committee. Mr. Hill said, by September 50'. Alderman Moran then asked if there will be explanatory text prepared as well Page 3. a as the language of the question itself. Mr. Hill said he just inquired of the City Cleric wbo said her office and our office will work with the County to have that language as part of the ballot queswn to accomparry that referendum. Alderman Newman wanted the minutes to reflect he fully supports the concept of le=g the voters decide the amount of money we spend on the Tc%vnship program, in general. He thinks it is appropriate considering tax caps and wanted to make it clear that his vote is not necessarily an endorsement cf tne increase. What he finds unfortunate about this is he looks at this totally from the standpoint of the property tax. Although this is important there are two other priorities he would ask the voters for $733,000 a yea. t&ore this. His pnorities would be the park system and to hire additional police officers, not necessarily in Mat order. It is unfortunate that those questions will not be on the ballot which probably is because we are a home rule unit and this unit is a non -home rule unit. Ms. Payne interjected that she read the minutes of re last meeting and she disagrees with what Alderman Newman has said. Alderman Moran noted the vote is rot for an endorsement, to which Alderman Newman said he is aware of that but would again like to clarifyhe feels the Township has the right, as a separate elected body, to request that the voters have more money and he is honoring than right that he sees in the Supervisor to put this question on the ballot, but it is no way a personal endorsement. Ms. Eckersall asked if it will be explained on the ballot how much it would be per hoL senold seeing that we do have 29,000 parcels here. She was told that is doubtful as it is ayes or no question thane will only be a three or four line explanation, nothing extensive, this is a campaign issue. Alderman Ra- ney said one of the big advantages will be that after this referendum people will know more about the Tow-si-,p than they ever knew before, if a good job of campaigning is done. From the audience, Junad Rizki, resident, asked what will happen if this referendumn does not pass. Alderman Newman said it is his understanding if it passes it is binding and the Township gets an additional $733,000. If the people of Evanston decide they feel the General Assistance Program in the Township office should get this additional amount he plans on fully supporting that decision and doing everythirsg he can to implement that decision. However, if it does not pass he thinks we as a community are stuck with the 3% increase and the tax cap and that will be as high we will be able to fund General Assistance. We will ether raise $733,000 if the voters approve the referendum, or the amount stays at its current level without the additional $733,000. Alderman Rainey said if a committee to pass the referendum was put together by Lne citizenry, could our names appear on that. Mr. Hill said that while he could reserve the right to change his mind individual Aldermen in certain cases can certainly state their position as Trustees with respell to the given issue. Alderman Rainey asked what is the reason this is treated differently than for example, a candidate, or the Fair Share referendum. Mr. Hill responded, informational activity funds on behalf of the Council explain to the public the pro and con, or of another matter is one thing, advocating a position is a taagecing of the population's funds that the state statutes do not allow. If it were advisory it would have the word acrisory in it. Alderman Moran called for a vote on the motion for consideration of Resolirtinn SO-R-00. motion unanimouslv aaaroved (4-0). VII. CONSIDERATION OF ORDINANCE 86-"0 AMENDING TITLE XI CHAPTER EIGHT OF THE CITY CODE TO ALLOW A CITY GUN BUY BACK PROGRAM Alderman Rainev moved aaproval of Ordinance 86.0-00. seconded by Aldern%an Feldman. Motion unanimously passed (4-0. Vlll. DISCUSSION OF FALL 2000 COMMUNITY PURCHASED SERVICES REVIEW PROCESS Alderman Moran noted in the material received in the packet there were some questions posed by Mr. Terry and asked what is the committee's pleasure. Alderman Rainey commented after reading through the material in the packet she thought to keep the process the same but then thought one thing she would be very interested in is to ask what the percentage of the contribution from the City or Mental Health Board is of the local agency's funding versus if they have a parent agency, what is that parent agenc? funding. Page 4. Alderman Moran said one of the issues tendered by Mr. Terry is whether the committee wishes to seek separate program budgets for each service, which the City funds. As Mr. Terry points out the Mental Health Board has continued to address issues with each of the agencies that request funds from them and tries to get very direct input on how that agency is approaching the particular problem they are seeing and how they Intend to address it. He thinks that is a good idea if the grant that is being requested is awarded to them. The more specificity we get from a programmatic budgetary standpoint will allow us as a committee and the Council to have a bit more direct input into how the funds will be used besides giving us a better measuring stick for the effectiveness in tracking funds. Alderman Feldman moved that we hold individual agency hearings, as was done last year, and if it is not for the purposes of deciding whether there is a small cut here or there it is for the purposes of understanding the agency's work this year and what is gang on in the community. This would not only give us the way these agencies perceive last year's trends, &anges, etc., but also help us to understand the work of these agencies we fund and the condition or state of the community with respect to social services besides just setting the Purchased Services Budget. Alderman Newman agreed with everything Alderman Feldman said as there is a value to these discussions, but there is not a value in terms of this committee's decision making, that is a waste of time. This portion of our budget is hopelessly politicized and there is no meaningful dialogue because when a cut is made it is grossly exaggerated to the public. We have multi -million dollar agencies telling people that a cut of $10,000 will put them out of business and what is worse is the tremendous amount of time for t:he staff in the Human Services Department to generate all the paperwork that results in no different changes in decisions. His suggestions would be, to review these budgets not yearly but every other year, and unless monies are going to be reallocated he would not be opposed to having an annual staff report on each of the agencies or reviewing a new agency that received money to see how they're doing with the program. He feels the overall review is so highly politicized that whatever we choose to do all the agencies have to be treated equally, without one being singled out as we get penalized for that, and therefore after doing this for the past five years does not see much value in this process. If a graph could show how the appropriations have changed in the last five years, nothing would be seen nor would any change be found on the Mental Health Board unless an agency went out of business or the agency received additional money. Therefore, whatever the Mental Health Board is doing doesn't result in any significant change, perhaps minor changes but definitely not significant change. Alderman Newman asked Mr. Terry if he agreed that for the amount of work done by the Human Services Department one of the most tame consuming parts of the year is this process. Mr. Terry replied it's the same staff doing Mental Health Board and Human Services Committee, and there is no question that is staff intensive, but we allocate time for that because it has become an annual process. Alderman Rainey asked what effect will the elimination of the Community Purchased Services through the Township contribution have on our applicants. Mr. Terry said although the dollar amounts are small he would anticipate Family Focus will probably raise their request to cover the amount cut by the Township. The Township did keep their funding to St. Francis Hospital and eliminated PEER Services funding, and does not know whether PEER will have an accompanying increase to the City or the Mental Health Board. The Township funds a small amount to the Youth Job Center. He would anticipate any agency cut by the Township would say that cut hurt and look for the City, the Mental Health Board. or CDBG to pick up that slack. Alderman Feldman recalled one of the things talked about in the past had to do with the disproportion of the effect that comes from all the effort when all we wind up doing is a result of all that sound and fury. Perhaps if we asked for a staff analysis of each agency without all of the supporting documentation, with questions raised by Mr. Terry specifically having to do with things he might notice and whatever they submit of supporting documents and pose questions to the committee regarding fiscal, program, and accountability issues Mr. Terry might see. , We might use these as conceivable talking points along with the idea of meeting with the agencies without specifically aiming at various cuts or curbing funding which has to eventually be a choice of some of these people because some are coming in and asking for more money. If we did that and got a staff analysis of each agency, then met with the agencies to talk about issues that we might have without spending a lot time on the budget, that may work. It would certainly fulfill our obligation to meet with these people and understand what is going on in the community, as well as respond to staff analysis. Page 5. Alderman Rainey asked how that reduces any of the previous efforts made Mr. Terry said staff asna-Ws have been done for the past few years aruJ is certainly anticipated being done this year. Alderman Feldman said the other part of the process that Alterman Newman was refertuig to was distribution of all the {paperwork. Alderman Rainey asked if agencies provide the copies of their budgets and other documentat cn to the City and was informed they do. She aslhed Mr. Terry if regular reports are roc vt%*d from the agendas and if we regularly keep in touch with these agencies. Mr. Terry responded the agencies report to us quarterly, w-Ah both statistical and narratsve reports. The quality of the narrative report vanes ►►,defy in the sane maxiner as CD. We can certainly share these reports with the committee as part of the anat}srs, which Alderman Rainey did not think was necessary. Alderman Rainey said what she would find important is a cnbcal ana:y", not the number of unduplicated clients, etc.. but how effective is the agency in doing whatever they are doing, that is the important information. For example, she has no idea, other than what she hears, about I- w fabulous PEER Services is as does not know anybody who has had any personal experience ►%ith them, and it would be very helpful for her, as opposed to knowing about all this outreach for all these clients, to know haw effective the outreach was, what evaluation toot do they use, or do they have or use any tool. We do keep up with some of the agencies through their newsletters, which she finds to be very helpful as they shorn her there is some activity going on. Mr. Terry recalled an interesting experience from last year and the year before. One of the hems provided for the committee was other funders were asked to state what they thought of these agencies. We were just curious as it was an open ended question for which Mr. Saver made a number of the cal,'s and the funders initial response to us was why were we asking that question, what did we know that they didn't know. We felt badly as it set off warning bells with everybody, that we would even be asking such a question, which makes it clear that is not a question asked very often and we can't rely on state or federal funders to do any kind of rigorous review. Alderman Rainey said she would like to reduce the staff effort in some of this process as she knows an enormous amount of paperwork is being done. However, she always recalls back to the time when she worked for not -for -profit, and the effort one had to make to garner a $5,000 one year grant from a major foundation was the same effort one had to make to get a $300,000 three year grant, for which nobody showed any mercy, you had to produce the information. Therefore, these organizations are producing this kind of information for others and they can continue producing it for us as this is important for us to know. She is sure all the agencies are doing a good job, but some type of an analysis would be very helpful. Alderman Newman wanted to explain in more detail what he meant by duplication and waste of staff time. In contrast to the CD Committee, what is basically done in their public service areas is very similar to what we have done in Human Services. There is very little change, it is basically the same groups, however, many of the groups that apply for public service funds overlap with Human Services. The discretion that CD has is because they have a lot more money outside of the public service portion of $400,000 or $500.000, they also may have some discretion in the additional $2.2 million, as there seems to be more movement in terms of change or different things coming out of the other parts of the budget with the exception of the City programs and part of our problem is with those agencies that overlap with Human Services and CD funding, as we have staff reviewing applications to both funders. As far as he is concerned all the people who apply to Human Services, the CD committee can decide what they will receive every year. It makes no sense to him for two different sets of employees to review the same quarterly reports, as far as applications there are federal guidelines for CD funds, other than that everything is duplication. It would seem to him we could spend our time on other human service areas, i.e., the library, the parks, the Health Department, etc., but there is clear duplication of effort by City staff. Alderman Moran does not have a problem with what Alderman Newman is pointing out that there might be a consolidation in the review process so that public service grant applications for CD could be combined with Purchased Services. For some time he thought that should be done. Alderman Newman said the CD committee has four Aldermen and citizens that can be reviewing these applications and why should we ask for two staff reports, two separate meetings, plus all the other work involved in the two processes. If we took the agencies that go to CD for funding off the Human Services agenda, how many groups remain seeking Human Services funding. He was told five or six agencies. Alderman Moran asked Alderman Newman if he was suggesting keeping some of the agencies with the Human Services Committee and sending the rest to CD, to which Alderman Newman said he could send all the agencies to CD. Page 6. Alderman Moran thought there is a value to Alderman Feldman-s s4.9;�&S:rors and na►-e the same e*raluators. whoever they might be, look at the purchase of service nequosts Inj tt)e CD pubis. --r-ervrce recLests. they should all be reviewed by the same people Aldeormnn Ne►►mar asked Aklorma^ Moran if f'e would be uncomfortable with the CO committee being that group of people.Alderran Moran res;x)nded he feels it should be the Human Services committee. Alderman hkft%nt,3n said ►rr.3 * he would %ice to see accomplished is not having two sets of staffs revie►vsng the same ayem-ems. ►►filch Alderman htkZn- agreed with. Alderman Feldman said he is interested in listening to these a<}ences as par-. if the Human Services Committee charge which is what we are about and he does not w3rt :"wse revte►%5 tr tv sent son,*p ace else. Alderman Rainey asked Alderman Feldman why he doesn't come :*a CO, to %%hich t+e responded ittivauld not be the same, he is not a member of that committee and that committee is dealing %" other types of issues. Alderman Moran said the public service element in CD is capped 3: 15% and could be less, but rite bottom line is it is 15% max of the charge to the CD budgetary process We're the Human Services caCIrrd", the group that is charged with addressing human service issues and it would seem the Human Services committee should look at it on a consolidated basis and have just one staff grcuo rpwewng and assisting us in cur review, meet with all the agencies, do it as only one application here at the Human Services Committee. Alderman Feldman added, wrth the critical evaluation on the part of the staff. Alderman Newman asked if this committee wants to do that crrbcal review every year as he was arguing for a My -year cycle. Alderman Feldman said the critical evaluation does not have to do with setting the budget or the amount of money, but has to do with what is going on with the agency, how effective have they been, are there any internal kinds of issues, what problems are they struggling with. He specifically remembers that as part of last year's critical evaluaton there were comments from other government agencies weighting those agencies. The andcal evaluation received last year was not new and was an internal analysis of the internal workings of the agency, there were board issues raised on some of the agencies, one agency did not have an executive director for a long time, etc. This critical evaluation raised the red flags seen both in terms of organrzation, function, and effectiveness and an evaluation was given of what this agency meant to the community, wheat the percentage of Evanston residents were being served. and comments from other governmental agencies regarding these agencies. He found this very helpful for him and would like to continue to do that. This committee is always saying we want the Library Board. the Recreation Board, etc., all the people we deal with that have to do with the way this community handles the areas that are part of the Human Services agenda to be part of our meetings. All of us have indicated that in those meetings we need further kinds of interaction and understanding between these people who are important to us and that is the way we have to continue. Alderman Moran remarked there may not be a large alteration in the year to year granting but these are agencies that are delivering services to the people that we represent and agencies that we give a lot of money to. He is uncomfortable with anybody getting the idea that this committee is not engaged in the delivery of human services from year to year. He understands the point about shifts are minimal which historically has proven to be the case, but he does not want to surrender the notion to anyone in the community that we don't care, we're not vigilant, we need to hear from them on a time to br-Ye basis, what are the needs, what are the problems, are the needs changing, are there shifts, should we be looking in different directions, what do we need to do, which he would say on an annual basis is not much. How many agencies are there that we fund, that never send a representative to any of our meetings, they show come here at least once a year to talk to US. Alderman Newman's perspective was completely different and does not include having the agencies come to meetings. He would not be opposed to this committee spending a meeting with the staff, going over the agencies quarterly reports and hearing from staff what the agencies do. He is opposed to these reviews that are not actually reviews. An example of the human service that this committee delivers and nobody on this committee knows anything about, is the dental clinic. There is an entire range of money spent in the human service area that none of this committee is aware of because the time is repeatedly spent on these agencies and we do not spend the time on other parts of the City budget that are human services. We have an entire Health Department that none of us are very familiar with. Wh6e we can always learn more about these agencies, and he is not rating the importance by the amount of time spent, but what we're doing to our detriment is we're not becoming as familiar with other services that the City provides. Emergency Assistance is another service that we could review. If we visited those departments at least we could know whether or not the money spent every year is being productive. We have a lot to do and one of the statements made at the Page 7. process is we don't have time for it, he would rather have a review of other human s-ervices a tan just the agencies. Alderman Feldman thought Alderman Newman is absolutely right and we should be dealing with those other areas but he does not think one area should be given up for another. If we're not dung sometlrng it's not because we're lacking in time but because we haven't put it on our agenda, which the &*irs of this committee have not done and is a good idea. Alderman Newman thought this committee looks at tl ear jurisdimon in much more detail than the other two committees which is not in anyway criticizing A & P W er P and D, cd which he is a member. It's much different as there is just not enough time and we have spent long hours at these meetings. Getting back to CD giving us jurisdiction, it will never happen, as a body the), will not give it up. It is easier for Human Services to give it up because we have so much to do. Alderman Moran interjected, don't despair there may be ways to make this happen. If there was a concern about giving something up maybe what we would do is make an ad hoc committee that would be this committee and anybody else �n CD who wants to listen to public service applications. It's not that hard to do, we would probably have to add one more person. The direction of the committee is to review all the agencies. IX. OTHER BUSINESS DISCUSSIONS Pending References Alderman Feldman asked Mr. Terry if there is any reason that the issue of the Amendments to the Long Term Care Ordinance should remain as a reference. Mr. Terry said it should not be on as a reference, we're supposed to come back to it at some point. Alderman Rainey wanted to know where we are with this issue, to which Mr. Terry said after it was last considered by the committee we're awaiting formal comments from the Mental Health Board and the Commission on Aging, and more legal analysis in terms of ails issue of regulating the facilities with the mentally ill versus the geriatric facilities. The Law Department has not completed that analysis, he does have a communication from the Commission on Aging which he has been holding until one comes in from the Mental Health Board. A report will be given to the committee. Alderman Moran brought up the Police Outpost and Other Special Needs reference. Alderman Feldman noted he has tried but was unable to address this with Alderman Kent and if the committee would Indulge him he would like to keep it on for a short while longer to be able to contact Alderman Kent. Closing of Sarkis Restaurant Alderman Newman thought the committee should have a comment on the Sarkis situation and believes the Health Department's actions, based on the knowledge he has acquired, were completely responsible and thinks the vast majority of Evanstonians would not want us to relax our code in any way. Our code has worked very well in his ward and to have the people who are performing their jobs be described with the word Nazis deserves having the elected officials commenting on this. The report should be looked at, he had the report described to him and based on what was in the report is fully convinced that the Health Department acted totally appropriately. Unless there are people in the community who want us to relax the code he expects our City employees to fairly enforce the code and his experience in his ward, that probably has the most restaurants, is they do fairly enforce it, and sometimes there are complaints. We should go on record as a committee of supporting the reasonably strong enforcement of our health laws especially in light of what happened at the COS Building. People take these things out of context. Alderman Moran asked Alderman Newman if he is talking about an agenda item at a future Human Services meeting. Alderman Newman said if that is way it has to be handled he would like to get it through the Human Services Committee to the Council as soon as possible to see whether we endorse that. Alderman Moran added, he read the report and thinks the action was very justified. Alderman Rainey thought every person who had their little letter published in the Evanston Review should be forced to read this report. A responsible newspaper that has any interest in the public health in a community has an obligation to behave responsibly and printing those moronic letters was very distasteful when it comes Page 8. to insure public health. She was only song no one from the Evanston Review was present. She would equate it with something along the lines of having to do with AIDS and not using condoms. She made a reference to the publication of all those letters in somewhat of an insert in the newspaper, and asked what would happen if all those people who wrote those letters would have gotten itt. The Review would have been the fast to blast it all over the front page. The reason why all those people have eaten there aii those years and not gotten sick is because there probably weren't the violations as there are at this time. Edwardo's on Howard Street, who had a wonderful reputation, was closed down by the Chicago Department of Public Health. It's not a horrible thing for that to happen, what is the horrible thing is to refuse to comply or to have the public defend unsafe sanitary conditions, that's outrageous. Alderman Feldman agreed and would like copies of the report distributed to this committee and other members of the Council. Alderman Rainey asked Mr. Terry if that report is a public document, to which Mr. Terry replied, he thought so. A Freedom of Information Request was received and Ellen Szymanski is currently looking into that. Alderman Feldman said he was shocked at the newspaper's handling of that without interviewing, without quoting from the report, without at least talking to governmental officials regarding it. The worse thing that could happen is that we don't do a job and people get sick and maybe die. These isn't a restaurant in this town, no matter how nice, how popular, what associations with social functions are held there or anything else, that should be immune from the kind of protections that our inspections and standards maintain. What do people think our sanitarians did, they just wanted to go out and pick on this person. He's been here for such a long time, why would anybody want to do that, but the way it came across was as if there's some kind of conspiracy. Citizen's Comment Mr. Rizki wanted to talk about an item he saw in the Tribune, 'Apartments use drug tests to help slam the door on crime and requiring some apartment residents to be drug tested which helps give their neighbors a sense of security." He thought Alderman Rainey has been involved in some of these issues with buildings in town and remarked that she has be doing a heck of a job. He is not saying to do this in all of Evanston, but in the buildings where there are problems, and these buildings are well known. He also knows the City has closed down drug houses here as this is a real issue in town, and wonders whether or not this can be used and how it can be used. Alderman Feldman said ever since he found out that Joliet has the ability to shut a building down as a result of their adjudication system that made a dramatic difference, he would love to be able to that here. Alderman Rainey said that is very hard to do. She commented that landiord's, private property owners, have made a determination to do that, and employers, in fad the City of Evanston does that, in order to get a job and certain positions you must pass a drug test and if you do not pass that test you do not get the job, something that has constitutionally passed muster. X. ADJOURNEiiIENT The meeting was unanimously adjourned at 9.15 p.m. Respectfully submitted, Audrey Trotsk , Department of Health and HmServices Page 9. X MEMBERS PRESENT: STAFF PRESENT: OTHERS PRESENT: PRESIDING: I. CALL TO ORDER DRAFT - NOT APPROVED CITY COUNCIL HUMAN SERVICES COMMITTEE Monday, October 2, 2000 Civic Center - Room 2402 7:30 P.M. Aldermen Feldman, Moran, Rainey and Newman Judy Aiello, Kathleen Brenniman, Jean Speyer -Scruggs. Frank KinrmA4, Sergeant Sowa, Curtis Chancellor, Maureen Barry, Mark Franz, Terry, AudrvN Tmtsky Alderman Bernstein, Jonathan Perman, Susan Cantor. Jory Downcr. Eric Singer, Ira Golen Alderman Newman Alderman Newman called the meeting to order at 7:45 p.m. If. CONSIDERATION OF FARMER'S MARKET ISSUES Alderman Newman announced that two issues relating to the Farmers Markel would be addressed, one the request regarding the sale of items other than those now being sold, the second issue will deal with location. Sale of Baked Goods - Eric Singer, Evanston restaurateur for the past 25 years with a history of bread spoke for Jory Downor and himself regarding the possibilities of selling bread at the Farmer's Market. Bread has come into its own within the last few years and one of the issues that Mr. Downor has been considering Is investing in a very large and expensive piece of equipment. a steam injected oven that produces a crusty European style of bread. They discussed the possibilities of being able to sell this bread at the Farmer's Market and after making inquiries about this found there are clearly some issues involved. One, the not -for -profits can sell baked goods there and bringing in commercial vendors could give them some competition, that not -for -profits depend on that income. The other issue might be opening the door to this could lead to selling many other items. Mr. Singer works Saturday mornings at the Farmer's Markets and it is clear this is one of the best markets. He would like us to look at expanding to give the opportunity to someone like Mr. Downor to make his own bread. Mr. Downor and his dad have been located in Evanston many years and in the earty 70's Mr. Singer worked for them. Mr. Singer would be willing to volunteer his bme to do whatever it takes to put tcge-ner something for this as there wift certainly be groups that will have issues concerning this. Perhaps this can be given a one season trial and to begin with limit it to just bread. He thinks it would be great to expand the Farmer's Market and do it in such a way that it becomes bigger and better. The concern would be that the Farmers Market will end up going in a commercial direction and won't be the same as it is now, which he would also like to maintain He would be w%'lfing to set up any kind of lay committee to investigate this and would like the City to consider welcoming some of the loci bakeries and businesses. Alderman Feldman asked if one can tell if a farmer, or his wife. who has a stall at the market, is a bread matter. His reason for asking that question was the farmer clearly is not a not-for-prord and in essence is a business tha' comes in from out of town. Therefore, the Farmer's Market is not just perceived as a group of auxiliaries or assoc-.rcrns that are trying to raise to money for some good cause. We do offer that as an opportunity but you raise the specter of crnpetition and would like to know if there are any restrictions at all on the part of a farmer wanting to come in sell; g jefllies, bread and prepared foods, they make on their farm, all home made foods If possible he would like staff to aodres~ this. Ms. Aiello said 0 they grew the wheat, ground it and baked the bread technically they really could, althmx:g wre have not had anyone doing that. For several years there were a number of people wanting to sell cheese who wee tclid no until a cheese producer was actually found that actually had the facility to make their own cheese. There are several farmers who sell jellies from fruit they grow, also there is a farmer who sells pies which the Health Department is not very happy with, but he mostly takes orders from people. Technically the City tries to limit to those who have pr=Licts and ingredients that have been grown by them. Page 1. Alderman Feldman asked if somebody was to sefl bread who did not produce the wheat or every single ingredient they could not sect it. Ms. Aiello responded, yes, from vine to time Mr. Chancellor has told people there are i•.E'ns they cannot sell. Alderman Newman noted the ordinance says baked products not requiring refrigeration are sellatr'e That's for the non -for -profit and the farmers who make jellies, guacamole, and from time to time special items from voducts theyve grown. We try to keep a handle on everything they have done and try to limit them. Alderman Newman noted the City Council oversees the Farmer's Market through Lnis committee and staff executes whatever City Council policy is on it The queston arose whether there is a lay cornmittee watching a ter it, to which Alderman Newman responded, this is it. Ms. rtie{io added there used to be a Farme; s Market Comm!ss6rr and when the City Council did some reorganization of commissions that was eliminated and it t&.-ame part of the Human Serer Committee. Alderman Moran remarked it is a Farmers Market and from that perspective has deve-aped an aura unto r-self as a place that people grow the food and bring it to market in downtown Evanston. It is always good to promote our home based businesses but his concern regarding the bread making is where do we stop. If Bennison's sold bread h�e would assume Great Harvest and everyone else would also want to sell it. From there someone may want to sell juice and then who knows maybe vacuum cleaners or whatever, and ultimately would overwhelm the Farmer's Market. There is a cachet terra to the notion of the term Farmer's Market that makes it such a meaningful event ,another aspect Ma! concerns him is the past few years the Farmer's Market has gone through a serious flux having physically narrowed down to a small area and shifted around location wise. He has heard many people say they were log-ing for the location and could not find parking when did find it. It would be nice to again stabilize the market wherever ; will ultimately se::le, after all the construction is completed in the triangle, wherever it will open it will sell. At this point he would be concerned about the theme of the market given that it's in a somewhat vulnerable state and it would be nice to get it t.a::k to a stable environment. It might be good to look at how we could expand it over the course of time because it's a great event and there might be sensible ways for it to grow over time and to stay with the farmers therne. Alderman Newman thought there is a sensible way of controlling that and this is relatRvely harmless as we could do what is done at the lakefront festivals and other places, place a limit on the number of vendors in this category. He would propose this be done on an experimental basis for the first five vendors to apply wanting to sell non refrigerated types of items. There could be a limit of a year placed and if twenty-five people apply, the first Five applicants will get in. He's not concerned about the not -Tor -profit sales affected because in this particular case we have an Evanston business man wanting to do more with his store and if we want to limit it to Evanston businesses our experience has been with the festivals that the Evanston businesses do not participate. Al the lakefront festival out of eighteen booths five may be Evanston and at the Art Fair only one or two were Evanston based businesses. If we limited this to five Evanston businesses this is very workable. Ms. Aiello asked what if Dominick's wanted to apply. In order for us to bring back an ordinance limiting it to Evanston bakeries who do not sell any other non -bakery food products we would then be limited to Evanston bakeries, Tags, Judy's, Benninson's. Great Harvest. She would think Dominick's, Whole Foods, Peoples Market, Food Stuffs, Jewel, would also want to apply. Alderman Newman was not concerned if there were five slots that Whole Foods got one of the slots but that the first five have to be Evanston based and basically be a bakery. Alderman Feldman said he could support that except he was troubled with this race to get an application as he can see people racing to be one of first five. Perhaps them should be some type of lottery that would be fair. Alderman Newman said if there is an application deadline it is all right with him to have a lottery. Jory Downor from Bennison's Bakery, thought the answer to the question about bringing in Dominick's, Whole Foods and other businesses is they do not mix the dough in Evanston. The bread he sold in the Glencoe market was made from grain, water, and salt, no yeast The Farmer's Market is based on the avoidance of genetically modified vegetables, good vegetables coming in from the farms and the bread he would bake would fall into that classification. The breads being bought from Whole Foods. Dominick's, Food Stuffs, etc., is mixed in Schiller Park and hauled to Evanston and baked. It has all types of stuff in it that makes it jump when it gets in the oven. If you limit it to breads that are produced in Evanston and mixed in Evanston, there are only four of us, and Panera that was not mentioned. Alderman Newman said he would make a motion to allow up to five bakeries that produce the product in Evanston and asked Ms. Aiello if she could come back with an ordinance limiting bakeries to breads with the dough produced in Evanston, to which Ms. Aiello responded that can be done. Alderman Newman asked if it is the sense of the committee to do that. Three committee members were in favor of such an ordinance (Aldermen Feldman, Rainey, and Newman), one was opposed (Alderman Moran). The committee was not taking a vote as there was not an ordinance before them Ms. Aiello was to have an ordinance that would include some type of deadline to apply with a limit of five slots. Alderman Rainey questioned whether five slots for the sale of bread is needed. Alderman Newman said he just wanted to put some upper limit on the number of slots but the number can be subject to discussion. Page 2. x Year 2001 Location - Ms. Aiello said her memorandum tried to preesent some of thc, itiiwc cntem-i neet:ie'd and to find a location that meets some of those criteria. Criteria means ample parking for custorners, and u&%quam space so that farmers can have their trucks right next to them. Another factor is this takes place ervny Sarurda� trom 1'* end of May though the end of October and we have to be sensitive to what is going on in the areas. Whepner thenv are =her festivals, football games, etc., going on. Jean Speyer -Scruggs who ran the market this year and Curtis Char,.%tilcr YJ,arket Master, have done an incredibly wonderful job of keeping the lid on some situations that could have men Nven ,:ifialtt. We had good cooperation from parking enforcement officers and Evanston Hospital letting us use L')eir paNing 'cf: at the corner of Evanston and Ridge. Given that we did not have a great situation and wanted to keeo the market in the general location that it has been, both Ms. Speyer -Scruggs and Mr. Chancellor did a great job this year. also, glween where we are with construction In the downtown area that relates to the Church Street Plaz-a and lbe Researt", Park by the beginning of next summer most of the major construction should be completed. One cf the cptions, are# cart of what she hopes to do today, is to understand criteria and get a lot of opportunities and suggestons Then they can go back and contact those different property owners to understand the pros and cons of each of th4 locations and trr:,ng that back to the committee in January, as it will take some time to contact everyone. Some ideas of sites that have men looked at, the Civic Center has always been a thought because we would have parking and a nice park environment One of the issues we ran into this year was port -a -potty and the need for them. In the past the Levy Center %as used, this year we had to rent them and had to leave them standing the entire summer because the cost of picking them up and delivering them every week would cost $122.00 a week. Wdh all the construction going on nobody ever noticed them. Wherever we have the market next year that will be another issue. In the Civic Center we could have the ground f par open as the building is open Saturday and people would not have to be hired to open the building. VAen Ms. Aiello first started working with the market streets were closed off, the First was on Benson, then it was on Maple, then UnNeersity Place so there is an opportunity within that area. We would have to talk to the property owners there to get their input Downtown has been mentioned by a lot of people and we would want to hear from the Chamber and Evmark as to what the obvious Issues of location might be there. Over the years James Park has been mentioned which may or may not be a suitable location. We'll start looking at other options and then can come back and start discussing our findings Alderman Feldman asked about the parking lot at the Shand Morhan Building. Ms. Aiello said she put a call into them and left a voice mail indicating our interest in using the parking lot for the Farmer's Market but has not heard back. That is an opportunity to have the farmers and parking as there is not a lot of other parking except the street and that would be the one issue of concern because she does not know how many of Shand Morhan offices are open on Saturday and what times we would be restricted to. Alderman Feldman noted in the near north area there are a number of Farmers' Markets on the street but the parking is restricted to people that live within walking distance_ Ms. Aiello said the largest market in the City and on the near north side is at Armitage and Halsted and there used to be some vendors in the parking lot and some parking in the lot This summer they eliminated all the public parking to have vendors in the lot and people have to use the street to park making it a tight situation, but people still go there. Oak Park has it all in the parking lot without any parking lot for public parking. They have one small end of parking at the high school but on Saturday mornings when school starts athletic events makes it difficult. After Evanston, Oak Park is probably the second most popular market in the Chicago area. The Evanston market has been going on for twenty-five years and at Oak Park's twenty-four years Alderman Rainey remarked the plan is for the Levy Center to be enclosed by winter and there should not be major construction going on in May. Ms. Aiello said another phase of some of the renovation of James Park will still be going on to which Alderman Rainey remarked not in the parking lot area. You could not get better parking and open space which you have right there on Saturday mornings Alderman Newman said Saturday mornings James Park parking is packed with Litte League to which Alderman Rainey noted James Park is more than Little League fields. its an enormous lot and she thinks it should be looked into. Alderman Newman said every Saturday last summer and for the last three years the parking lots are filled by 9:30 in the morning and stay filled. There are also events taking place there during the year where the lot is filled over capacity. Alderman Newman mentioned the Northwestern Lot 7 where there is 50,000 square feet in the Research Park. Ms Aiello said if we close the streets at University Place and East Railroad we'd ask to use them for parking as it would hold 75 to 100 cars. Alderman Newman asked about using the City garage for parking. Ms. Aiello said one of the benefits of offering free parking on Saturday morning would be to introduce people to the garage as a user-friendly pleasant environment. Also, something we tried this year, that went over well, was hire Junior High and High School students to help people carry their groceries, an extra service that we hope to continue. University Street would be a suggestion for the market and depending on the traffic pattern once the garage is open and looking at the Hill Company needs for their retailers, we could probably do a section of Maple and University Place but we have to be careful of garage residences at these locations. Curtis Chancellor stated thus far everything is being discussed in terms of parking. The lot back of the Civic Center would be better in terms of availability of washrooms, hand,capped parking and someplace stable where the market will not have to be moving every year. The market moved four times in the last nine years. Alderman Newman said he would add that location to the list but felt this location would present a neighborhood issue, having the market from 9:00 a.m. to 1:00 p.m. Page 3_ every Saturday moming. He thinks there is some issue about whether or not this is a good event for the downtown area • e and we should think about trying to keep it there. Jonathan Perman remarked Vi ere is a lot of merit in keeping the Farmer's Market in the downtown area. First, because of consistency, it has been downtown for a number of years as a known entity and has been a great success. Some risks would be taken in moving it Secondly, although we have not iderrtirlied exactly what the spill over effects are to stores, restaurants, and other activities merely the very fact when somebody comes to you downtown, has a very positive experience and goes away wig the thought there is a lot to offer -)ere in this downtown area, it's a great selling point besides being great advertising even though it is only spread thrCL91 word of mouth Thirdly, he concurs with Ms. Aiello that there is an opportunity if toe Farmer's Market is held in that area within the Research Park Triangle 4 offers people the opportunity to use the parking garages and anytime we can get people to use those garages for leisure time activities that Is a good practice that we need to engage people in now, or as soon as possible. Ira Golen asked those in attendance what was the last time they went to the Farmer's Market as he brought a series of photographs taken last Saturday to show, to update everyone on tt-e market. The pic:ures included the parking area as well as the Shand Morhan lot For 27 years he has been familiar win the Farmer's hlarket He made some calculations on the space needed and came up with the following figures. The present lot on which the market is now held is 27,000 square feet. If a City lot was taken you would have three bays on the south side which would be 24,000 square feet based length and width. The first two bays could be absorbed by the mark---, leaving one bay with 50 parking spaces. He asked to work with Ms. Aiello to see what could be done with Shand Morhan, and the numbers he came up with there were the total lot is approximately 118,000 square feet, including all of their zeailabie 272 parking spaces. He does not know what the use of the building is on the weekends and would surmise it is very little. He took measurements of Shand Morhan's two canopies, which would work out quite well for the farmers. Mr. Golen also wanted'to introduce the issue of the bread as there tmuld be a lot more farmers who would like to be in on this. As he understands a number of the farmers could not come in this year due to lack of space. The question then is where do you begin to draw the line as to how many farmers or bakers you want in there. What are the priority mechanisms. One of the weaknesses of the Shand Morhan lot is ir. order to enter their lot one has to come down Clark Street and then make the turn where the entrance is and the exit goes over to Church Street which goes directly east It is not the most convenient setup but with appropriate monitoring ty the police department it could be overcome. If we could get the Shand Morhan area he would lean toward that lot for sire, appearance, and the entire general review of the environment. Also, referring to distance walking wise, yes it is an exra block from the main garage, but he sees people carrying packages long distances who would like to be able to walk directly to their cars. He has no idea how many cars are in the lot south of the present market when its full. Mr. Chancellor said about 130 cars, to which Mr. Golen said if his calculations of this lot are correct here there would be a minimum of 200 and possibly 270 parking spaces. Alderman Rainey asked about the bathrooms, to which Mr. Golen said there are none. Ms. Aiello said the bathrooms are really for the farmers. Alderman Feldman asked if there is a standard amount of space ailotted for a booth. Ms. Aiello said there is space for 200 stalls. Alderman Feldman said then there is a limit depending cr what site os chosen and the larger the site the more we might have He would then ask if there is any reason to limit pa-icigation it if we have a very large site Ms. Aiello said one of the issues is that no matter how many farmers we have, ti.e have to make sure they're legitimate farmers. Part of the problems we continue to have is a lot of the farmers do not grcvr all the produce they bring. We know we cannot prove that some of them go down to the produce market and pick up some the produce The only way this could be done is to hire someone to go to each farm on Friday afternoon and see -*.,hat is growing in the fields. Something not easily done. Alderman Newman noted there are five locations on the list: ShanC Morhan, James Park, University Place Lot 7, Civic Center, and Benson Avenue. He asked for any additional potential iccations to add to tr.e list for the staff to consider over the next month or two. Ms. Aiello said there was one site talked abcL: on Sherman Avenue from Grove to Davis but the building of Phase I and construction there would be a problem as we want to stay away from all the construction areas. Alderman Newman asked if staff could come back in early DecemtAr to continue this discussion. Alderman Rainey wanted to add if it gets more crowded than it is this year, it gets uncomfortable and you would not want to do have a site that would cause any less aisle space than we hac :his year. Ms. Aiello said they would rather keep it to the same number of farmers and give them a little more space. Alderman Moran suggested using some type of poll to ask people where they would like to have the market. Ms. Aiello said the market goes on until the end of October and if we could get some sense from Shand Morhan property owners and the University, the fast couple of Saturdays of the market we might be able to do a little informal type survey to the farmers and customers. Page 4. N Mr. Golan highly recommended that the last few Saturdays of the market cards be made available for visitors to f4l ou with their name and address so we could show them the courtesy of sending them the card letting them knaa in adranrj,_6 Where the new location is. Alderman Newman thought just doing some advertising would be sufficient. Ms. Aie jo said we usually do in the Review and Roundtable, besides posters are done. etc. Alderman Newman thanked everyone for their attendance this evening ar4 asked that they be notified of the next meeting that this will be discussed in the event they wanted to participate. Ill. COMMUNICATION OF PANHANDLING ORDINANCE The October Human Services packet included an article from Alderman Newman relating to panhandling On reading this article his thinking was that the Indianapolis ordinance has met Seventh Circuit Court approval which means anything in that ordinance has been judged to be constitutional by the Circuit that has jurisdc:tion over Chicago and Evanston. there were things that this ordinance dealt with that he found interesting and on the aggressive side that he thought would be very helpful to our police department. He would like to have staff obtain a copy of ne Indianapolis' ordinance and start with a mirror of Indianapolis to what we do and do not like and have something that would be judged not to violate the Firms Amendment. Alderman Rainey commented that today she received a copy of the %rdlage of Ri%,er Forest's so called panhandling legislation currently enforced and it is just unbelievable. Ms. Brenniman said the Indianapolis ordinance is now being looked at and she has been trading off phone calls wth the people in Indianapolis as she has a few questions regarding this ordinance. The case looks very good if the ordnance that is upheld in the case is broader than ours or anything that has been out there since. Its wonderful because it is Seventh Circuit Court, which is our circuit so its mandatory court, and we'll bring back the strongest ordinance we can. Alderman Newman said the part he likes the most applies to our downtcan, the ordir..ance forbids panhandling after daek in any public place and site including bus stops, sidewalk cafes. automatic teller machines, and vehicles parked cc stopped at the street. That is the type of authority that we're trying to address. He asked Ms. Brenniman to also contact the Village of River Forest's panhandling legislation regarding the legislation that Alderman Rainey received. Ms Brenniman said the interesting thing about the Indianapolis ordinance 4 does not s;+edfically go after the homeless but deals with all kinds of panhandling solicitation where there is some kind of voice command or aggressiveness. She thinks that is the way it was upheld because it is not just targeting toward the homeless. Alderman Newman requested that this be brought back to the November Human Services Committee meeting to try to consider an ordinance. IV. CONSIDERATION OF THE DISPOSITION OF CITIZEN COMPLAINTS AGAINST POLICE OFFICERS A citizen wishing to address the committee regarding a complaint was in attendance. Alderman Newman asked if the committee has to go into Executive Session for the person wanting to address their complaint. Ms. Brenniman commented under the Open Meetings Act Specific Exceptions you may go into ExecL;-jve Session to have this discussion_ if you wish to do so. The Open Meetings Act does not require you to do it but this discussion would clearly be within this exception and a motion has been prepared if the committee chooses to operate in that regard. It is also her understanding that in the past discussions of this nature have been he:a in Execury. a Session. Alderman Newman moved that the Human Services Committee convene into Executive Sessinn to discuss matters pursuant to 5 Illinois Compiled Statutes 12012(c)f11. The appointment. employment, ccmpgnsation. discipline. performance, or dismissal of specific emolovees of the public body, including hearina testimony on a complaint lodged against an emalovee to determine its validitv. Motion seconded by Alderman Feldman and unanimously passed. The Human Services Committee went into Executive Session at 8:45 p m. and reconvened the regular meeting at 9.15 p.m, Consideration of the Disposition of Citizen Complaints Aoalnst Police Officers unanimously approved f4-0i• Alderman Newman asked if the Complaint Register (C.R.) Investigation Update rs released to the press. Alderman Rainey said there are no names mentioned so no one, in any way, could tell who anyone is. They are such whitewashed, watered down reports you cannot tell anything about them, not where the incidents occurred, nor who the officers were. Its just incredible what our police officers put up within this town and she just wishes we could have some better information. Page 5. x V. APPROVAL OF MINUTES: MEETING OF AUGUST 7, 2000 The minutes of the Auoust 7. 2000 meeting were unanimously avoroved (4-OL VI. CONSIDERATION OF TOWNSHIP AUGUST 2000 MONTHLY BILLS Alderman Feldman moved for approval of the August 2000 Township monthly bills, motion seconded by Alderman Rainev. Motion unanimously gassed M-0). j VII. REPORT FROM THE SUBCOMMITTEE CONSIDERING A NEW RECREATION COMPLEX Alderman Newman, member of the subcommittee, asked if everyone received copies of the study on facilities by the Recreation Department. Their subcommittee had bits and pieces of that study and noticed that the rePW was recommending replacing of the Crown Center in totality The committee is discussing trying to pud those proacts they have been working on, the new recreation multiplex type facility, and do an enhanced rebuild of tt-,e Crown Cerder. The committee will again meet on Wednesday with members of Me Recreation Board and staff to have further discussion. The meeting will take place here at the Civic Center and all the members of the Council are invited Alderman Newman took this oppottunity to keep the Human Services Committee unformed of the subcommittee's prcgress. They're trying to kill two birds with one stone if they have to rebuild the Crown Center. At the same time they're discussing a fund for going out to referendum, that would be April, to pay for some of the costs of the Parks and Recreation Department Vill. AGENCY FUNDING REVIEW SCHEDULE Alderman Newman inquired when the agency comments for the funding review will be available to which Mr. Terry responded whatever agencies being reviewed will be available for the packet for that meeting. Thirteen agencies will be reviewed and at least one special meeting is needed. If its the committee's choice to have two special meetings it can be done by November. Alderman Feldman asked whatever happened to the discussion about having staff do an analysis of each agency and that this year the committee dispenses with the actual interviews with each individual agency. If tf-ere is anything in the staff report or analysis that warrants the committee's interviewing a particular agency that can always be done. Alderman Newman said the committee discussed how to deal with these agencies under that format. Alderman Rainey felt this is something the committee needs to keep on top of. Alderman Feldman remarked the history of the committee's involvement with these agencies has resulted in miniscule adjustments, if any, to their budget other f~.an finding ovt what's going on in their particular world in terms of their funding our involvement has been without meaning The essential value for him is just to find out what's happening with their life and their constituency and what the state of Evanston is in the delivery of social services would be in how they perceive that If that is what we want to do there are ways throughout the year in which we could do that, we don't have to confine it or use the excuse that we're dearng with their funding because he does not think we deal with their funding. No matte{ what we say we do not deal with tt)eir funding because it remains the same. Alderman Newman suggested the possibility of designating one night to go through the staff analysis comments ard have every agency attend and if the committee raises a question in the staff analysis have some dialogue with the aganry All thirteen agencies will be in attendance and the committee can go through them one agency at a trine which w%b be the priority agenda item. We may spend ten minutes on some agencies and not spend any time on omers. There will not be any formal presentations by any of the agencies, they will be in attendance only to answer questions. Alderman Feldman said he would like to try that but thinks it would be nice throughout the year to have one of tresP agencies on as an agenda item to talk to them having nothing to do with funding and if it has to do v.-th a part cular a ea of expertise or program that they do for us he would like to understand and find out what they are encountering. Arran Newman said one way of handling that that would be to start in January having one agency on the agenda evert rncr-h. Then November 6" all thirteen agencies will be on the agenda Alderman Newman suggested starting the Hurr.an Services Committee meeting at 7:00 p.m., the first fifteen minutes of the meeting will deal with the police compta+nts ae only other agenda item on that date unless something arises that needs to be taken up. Thus there is no need fcr a special meeting. The December meeting will deal with the Farmer's Market, panhandling, and otter agenda aems. Vlll. ADDITIONAL COMMENTS Police Complimentary Letters: Alderman Rainey remarked that sometimes the police compliments get bang and have become routine, but this month there were some important and meaningful complimentary letters i ne committee had a discussion about concerns we had about the actions of the police department but some of tie ierers Page 6. in this packet overshadow all of that. Those Letters quite a;npertant rind ►►* sh%,u►d be very proud of the behavior of our Police department and she personally ►►-shes them the hest of luck These r%v-re excellent responses and thinks this needs to be said. NICOR Meter inspections: Alderman Feldmmn had an ,-,sue regari ng the NICOR meters +here are a lot Of these people in his ward and he is worndenng what's giorV cn Ntr Terry said re wa. s aware of two locations, as of jwc) weeks ago, where there were trace amounts of mercury fund Alder -gin Feldman astied if there is a way of finding out how many of these have been inspected, to ►►Nch Mr, Term• respond Mark Franz. of the City Managers ci ice, is .our point person of NICOR and he can obtain that information Alderman Feldman Nvanted to know how mart), homes hive been inspected, what the prognosis is in terms of a schedule, as M %then these will t* inspected, also whether traces were found in any of them and what happens to a house where "find t-=es He asked if that mean that people are sent to hospitals for examinations or testing. Handgun Violence Rally: Alderman Moran reported a rally sponsm--d by the Illinois Couna on Handgun Violence that took place today at noon in the Federal Plaza on Deartorn Street across from the Federal Court House. There was a very substantial Evanston presence in attendance at this rally. Buses brought people downtown. Representatives from the Evanston Neighborhood Conference, Delores Holmes, and a number of young kids were tl,ere. Two of the principal speakers during the rally were Albert Smith, who was proclaimed by everyone as being on the tank of running for president after his speech. Also, an outstanding young woman, named Jerusalem, wrote an anti violent poem that was published in the Evanston Review this past week ent ;led 'BANG% which she read at the racy and was very, very well received by everyone there. The Lieutenant Go►emor, Dan Hynes, Paul Vallas, were also in attendance. A lot of people made very strong support endorsements of Evanston's presence and the young people's statements. Township Tax Referendum. Mr. Terry announced, on Oz:tober 25" at 7:30 p.m., the League of Women's Voters is hosting a forum on the Township Tax Referendum at the N%cGaw YMCA. Mental Health Board Liaison: Mr. Terry introduced Susan Cantor, ne-v member of the Mental Health Board, who will be the liaison to the Human Services Committee. The committee welcomed Ms. Cantor and thanked her for attending their meetings. Commission on Aging Thank You Letter. Mr. Terry called attention to a thank you letter from a Commission on Aging member. He noted that years ago Council set aside funding for Board and Commission member's training and the Commission on Aging has always taken advantage of that. This is a thank you letter to the entire committee for setting those funds aside. Senior Bus Service for Shopping: Alderman Newman brought up an important addition for our seniors, a bus service is starting to pick up seniors for shopping on Wednesdays at Pr:mm Towers, Noyes Court and Walchrick Building, The service will also pick up seniors around the City to go to the Levy Center. The committee was elated that this is finally happening as it has been such a long time in coming about Alderman Rainey requested that this route schedule be published in the newspaper. Alderman Newman said the grocery program came out of the meetings at Noyes Ccu't where complaints were heard about management and a serious response has been made to those complaints. IX. ADJOURNMENT The meeting was unanimously adjourned at 9:35 p.m. Respectfully submitted, Audrey Trotsky apartment of Heall nd Human Services Page 7. x MEMBERS PRESENT: STAFF PRESENT: OTHERS PRESENT: PRESIDING: 1. CALL TO ORDER DRAFT - NOT APPROVED CRY COUNCIL HUMAN SERVICES COMMITTEE Monday, November 6, 2000 Civic Center - Council Chambers 7:00 P.M. Aldermen Feldman. Moran, Rainey and Newman Frank Kaminski, Sergeant Sawa, Harvey Saver. Jay Terry. Audrey Trotsky Attendance Sheets Attached Alderman Newman Alderman Newman called the meeting to order at 7:45 p.m. and announced the main agenda item this evening is tre discussion of the requests from agencies seeking Community Purchased Service Funding. The Human Services Committee will discuss the staff reports and those agencies wishing to comment on the staffs analysis Ml be heard. 11. APPROVAL OF MINUTES, MEETING OF OCTOBER 2, 2000 MEETING The minutes of the October 2. 2000 minutes were unanimously aaaroved (4-0). III. CONSIDERATION OF TOWNSHIP OCTOBER 2000 MONTHLY BILLS Alderman Feldman moved for aooroval of the October 2000 Township monthly bills. Alderman Rainey had some questions regarding these bills but said she would let it pass in view of the fact that no one from the Tcr unship was in attendance at the meeting. She will send her questions to the Township in written fort and remarked that in a time such as this when the Township is facing a referendum one would think they would show up to answer questions regarding the approval of their bills. Alderman Feldman shared that concern with Alderman Rainey and said he somehow gets the idea that there is a turf war here that there is some kind of declaration of independence underlying the continued abser'oee of any representative from the Township at meetings where the Trustees have to approve bills. It is this committee's obligation to ask questions in order to approve the bills to find out what they mean. If we have any questions we get answers much later on which is very difficult for us and he feels very uncomfortable with this situation. The questions may be very minor yet on tt,e other hand there may be some serious questions and it is inappropriate that a representatve is not in attendance. We come here as our obligation to be part of the process as Trustees of the Township in paptng those bills. He would think that part of the Township's responsibility would be to have a representative present. The Chairman of the Human Services Committee always moves those bills to one of the first items on the agenda, once "I item is dealt with they can leave the meeting This has been going on for same time and he is not certain what he has to say will make any difference with the Township as this has been articulated before. He does want to get it on recrrd that it is not too much to as.,, them to have a representative present, he is not suggesting that it has to be tl,e Supervisor, but a representative who could answer questions regarding their bills. Alderman Newman thought the solution to this, but not for tonight, is this committee should make a statement that we will not approve bills unless there is someone here, either the Supervisor or Executive Director, to ask us to approve the bits. Considering no one is in attendance to answer questions he may have asked the question why there are seven new cases. Alderman Newman noted there is a motion to anornvP the October 2000 Townshin bills and not hearina anv other discussion called for committee aonroval. Motion unanimously araoroved. (4-m). IV. CONSIDERATION OF THE DISPOSITION OF CITIZEN COMPLAINTS AGAINST POLICE OFFICERS Chief Kaminski gave the committee the follow-up in writing to the case considered at the October 2, 2000, meeting. Alderman Newman asked rf members of the committee had any questions for Chief Kaminski or Sergeant Janice Soya, Officer of professional Standards (OPS) regarding the report received from Chief Kaminski. Not hearfna anv Questions Page 1. k regarding the resort Aldermrn Newman moved tp *ccept tho rrc+o{t from Chief Kaminski and tine October 2, 2000. Executive Session mirtzrtes, motion ssrnnd and ttAantr w y apPioye*d. f4-01, Alderman Newman acknow{n-Lit-o and thanked K.Irn,nc i fir the r%zvSitive lottors sent to the cow,mi-Me about the department and asked if the :'- -,^,thee had an,elr9 rise tt, a -v-ss * the Chief Alderman Newman called for a second motion to accent aperoval of Chief Kaminskrs recornrttend-3Wn on the case hold over, nwticrz seconded_ by Alderman Moran and unanimously accepted 1i4-0 , V. COMMUNICATIONS_ Aj December Tax Hearings - Mr Terry noted this %%,ill be a full Council meeting of all Me Trustees. The December rre--ting wilt also to t)eld on the mgrt that me Council will have a munirrpal tax hearing. Therefore, k1r Terry will see tha: those two meetings well be scheduled to fit together on tnat night. B) Evanston Arts Center Update - We will conbm;e to work with them and no action is Ming'zken at this time, C) Letter sent to Alderman Rainey from Tom Waterloo, Re: Smoking in Bars and Restaurants In Evanston - Alderman Newman noted a letter was included in the Human Services Comm tee packet from Mr. Torn waterloo suggesting the Council place a binding referendum on the Apnl Agenda to ban the smoking in restaurants and tsars Staff should assemble any other complaints received regarding smoking in tree downtown restaurants and bars. as he is not prepared to discuss going to a binding referendum cr9 the basis of this one letter. There are many points of view on this issue not only on the municipal level but also at the State level because this issue is not just in Evanston but in Chicago and all the other s:.rrrounding communities. It should be accepted that we have received this lever and if at some point somebody wants to schedule this as an agenda item to discuss a referendum he will be glad to listen to mat Alderman Feldman inquired regarding Mr. Waterloo's options to whic.n Alderman Newman saic Mr. Waterloo can get petitions and do some type of public question to lure cn the ballot Alderman Ra:)ey commented she discussed this mth the City Clerk and learned it is possibie for a citizen to pass a pet -ion for a binding referendum. The only information she has not yet received from the City Clerk, and the City Clerk has certainly shared a great deal of information, is how many people it takes to place a referendum on the ba>yot which is an option that Mr. Waterloo has. Mr. Waterloo did request this letter be brought to the committee, which she has. Alderman Newman felt to express an opinion that the self-regutation by the restaurant owners has been very effective, and most of the no smoking sections are significantly much larger than the smoking sections. Also, this topic was considered several years ago. VI. CONSIDERATION OF FUNDING REQUESTS FROM AGENCIES SEEKING COMMUNITY PURCHASED SERVICES FUNDING Alderman Newman noted the staff has done a tremendous amount of work in pulling together staff analysis for each funding proposal. These staff analyses have been distributed to all concerned agencies for their review. Rather than have each agency make a presentation if there is a specific point or a question one of the members of the Human Services Committee wishes to make in regards to the staff analysis then a member from that particular agency can be called upon to either comment on the staff analysis or answer the question. Alderman Moran thought at th.-s juncture it might be good to get some kind of narrative from Mr. Terry about his perception of budgetary outlook in relation to delivery of Purchased Services and any limitations, real, practical, or otherwise, that he perceives from staff discussions. Alderman Newman said he would be glad to call upon Mr. Terry but thought both he and Alderman Rainey w-,o have been part)opating in every meeting of the Budget Committee can inform other members of this committee that there is approximately a S3,000,000 shortfall that the Budget Committee is currently working on. They we will tee meeting again Wednesday, November 8�'. The City Manager has informed various departments of the fact that this $3,000,000 shortfall is on the horizon. Mr. Terry added that each City Department Head received a mandate from the City Manager that departmental budget submission should be a zero increase budget. Those budgets were turned in earlier this fall to the budget office and were to be developed within the staff direction Boards and Commission were advised we were striving for that goal. Alderman Newman said in view of that he would like to have the committee members discuss whether or not, in terms of our allocations, we want follow that request from the City Manager and subrnrt a budget with a zero percent increase. Alderman Feldman wanted to clarify if the $3.000,000 shortfall included the $645.000 for Purchased Services to which Alderman Newman responded, yes, that shortfall includes ail budget items from last year's budget The shortfall Page 2. represents a $3 000 000 shortage in the ability io for all the services and c�� wises of the City if we k them all P 9 hr pay s. � e the same level with the exception of the built in salary increases for the 800 plus Cite ,empk�yres ldko man Fetdman afro wanted to know if the individual evaluations ar->d reports given to this committeo t,t the Hwimn Sennzes Department are public documents, to which Mr. Terry resporo-d, yes they are, Not finding anythina rmmneilina In anv of these documents to indicate either a ctit or not h.1% ing arty additional pic,Aeranmonies tod nnreasmFeld ran made the motion he would he tmatmired to ttwive avoroval of the current allocations reatiested as our award to agencies that have applied. that will totsl S"S.T,70. Motion seconded by Alderman Moran. Alderman Newman commented, as a matter of procedure, he does not have a problem entertaining that motion which if discussed would dramatically streamline the work needing to be done .anrght. Hm%e %ie,.% there are sorne recommendations and issues raised within the staff reports, at least in a few instarszes that are wcrtt^,e of some discussion by the committee. For example, the memo on Childcare Network had some very important infomiaron and he does rot know how that will be handled. He is not suggesting that we do not fully fund Childcare Network but rinks there are some issues raised in that memorandum that have to be dealt with, at least in terms of giving some direr-, on t-a staff, which is only one example and wonders if any of the s�zaff analysis will be discussed beyond the motion. Alderman Rainey wanted to thank Mr. Terry and Mr. Saver as she thought the analysis were very helpful and truly were analysis, but thought some of the analysis deserve some discussion. She has no qualms about disc-ussing these various agencies and does not feel there is one agency here that is sacred just as she does not think here is a single City expenditure that is sacred. The police, fire, housing, departments can all be looked at as some c` these agencies can be looked at and some of them are having difn-zulty withstanding scrutiny, one being BE -HIV. She h.as some very serious problems with that agency when they met ws-.h them in Community Development she could not get a handle on where they were and what they were doing. Every tme she asked a question she was told they don't ha,.•e the money for that, or we're under funded for that, which greatly concerns her as there are a lot of things she does not understand. The write up by Mr. Terry and Mr. Saver was no help a< all to her, in fact it confirmed some of her concems_ Regarding Childcare Network of Evanston she understands how the ceiling was raised so that we have lost people cn the wait list but it is interesting that the wait list is diminishing. She has some concerns on how the voucher system is going to work, and some deep concerns about the last paragraph on the first page of the analysis, how we can count on cur money being used as the match. She thinks there should defirrtety be a string attached to that and does not have any problem with Mr. Terry's recommendation that we make this allocation, but definitely thinks it should be made wit*; certain reservations. Alderman Newman said he would very much like to pursue Alderman Rainey's comments on BE -HIV and Childcare Network but is trying to think of a procedure on how we can get to those. In the context of the moton do we just want to raise the staff reports we want to address and perhaps the committee can go through the list of agencies one at a time in those who have some questions or concems. Alderman Newman suggested taking the agencies in order for discussion. Alderman Rainey said she had questions regarding almost all the agencies and would like to go through the entire list of agencies. Alderman Newman said he had some comments to make about the Corsnunity Defender and suggested going down the names on the allocation list and if members of the committee have a quesbon to ask of agency representatives then we will elicit a response as we go through the fist. Alderman Rainey commented she has questions about the agencies and pemaps questions that wiz not satisfy her as they may be rhetorical questions, and because she does not have enough experience with the varcus agencies she would not know what it would do to reduce an agency's allocation. We keep saying year after year, that we're going to require more accountability on the part of the var-Dus agencies. Some of these agencies are extremely accountable and responsible and all the agencies at least attempt to do good work. Maybe there comes a time when people need to move on and its not a matter of not affording S20,000 to BE -HIV, maybe that money could be better spera someplace else. She has severe concerns about where they are working, what they are doing, and how many people are actually there and what is going on there, questions that she Ices not have answers to. Therefore. she is not making any recommendations about the amount of money just the concems she has about their presentation and was very disappointed in their presentation at CD. Alderman Feldman hoped the motion he p,-eviously made would encourage the kind of discussyon vie will have as he thinks the motion on the table is appropna:e. We can discuss each individual agency as members of this committee would want with the possibility of amending the motion at any given time. Alderman Newman pointed out the only thing the committee is doing is making a recommendation that will be incorporated into the City Manager's budget and if there is any agency that any member of the committee would like to bring back for a more in-depth discussion, follow up, etc., that can be done. Tonight the committee can still pass some kind of recommendation to be incorporated in the City Manager's budget. Page 3. x Alderman Newman asked Alderman Rainey if she had any other comments concerning BE-HrV, to which AJderman Rainey said we are a very small percentage of their budget and their clientele which might be the reason why she does not feel they are that active in the area. She list could not get a straight answer out of ern. Alderman Newn= asked Mr. Terry if he is contemplating BE -HIV might move out of Evanston as that seemed a ba unclear to him. The pint was also made that it seemed that the number of Evanstonians served is significantly going down, and asked Mr Terry to follow up on that. Mr. Terry remarked as noted in the staff analysis based on their prcposats the number of Evanston residents seen by BE-HiV has declined in each of the last three years. For sometime M-HN has been under direction from their current land%ord that they need to find altemative space which they have been bo," into. He would hank their interim Executive Director is in a better posrton to respond to where they currently are cn that search. BE- HlV - Mark Tendan, President of the Hoard of Directors, commented with regard to a search for a new office for 13E-HIV they have followed some leads With k=l reactors which was done by Sharon Danhoff prior to her resignation. Recently they have been a little side tracked by other searches for an Executive Director as wet as trying to ac.corrvn+odate a larger prevention staff with the addition of a avant from the CDC which has somehow side tracked them and taken their focus away from their relationship with First baited Methodist Church but they will soon be back on track with that They have approximately a year and three months, not a drop -dead deadline and have talked to Me church about their plans as they would like us to be out of the church basement about that time but at this time it is sort of a flexible deadline. Alderman Newman asked if they are looking at all Evanston sights or are they looking at sites outside of Evanston. Mr. Tendam said they have not yet looked outside of Evanston as they would like to stay in Evanston. They have a strong feeling about Evanston and feel it is a good lotion for them particularly with transportat;on and being the only provider up here that is as comprehensive as they are. They have additionally added more pecp�e from Evanston on the Board and In other areas so they are committed to a very strong Evanston presence. Alderman Rainey asked when Sharon Danhoff resigned and was told she resigned in the second or third week of June. Alderman Newman wanted to clarify that their total revenue is 51.400,000 annually with a 539.000 total from the City of Evanston. Not a lot of money out of $1.400,000, almost a new police officer for the City, which is one example of what we can do with the additional money. Part of the gist of the staff memo was we are a very low percentage of your budget and his question is when you have $1,400,000 in revenues the request before us tonight is for 520,000, the CD Committee is taking care of the rest_ Do you really need our $20,000 out of $1,400,0007 Mr. Tendam said he thought they do, it certainly has an area they would like to apply it to in terms of mental health, case management and housing opportunities. They have used this money wisely in the past and it helps them to leverage funds from other organizations that they get, county monies and other monies that come in that they can use in Evanston that helps them to supplement that. Alderman Newman said he has made the comment in the past that this organization has a tremendous advantage over most other organizations we fund in that their State and Federal funding available in this area is huge. He is just commenting on the need for our dollars. Alderman Feldman wished to address his comment to Mr. Terry that as he perceived it the fast speaker indicated a meaningful part of the reason he needs funds from Evanston is the ability to use that contribution as a form of leverage for other contributing agencies. He has heard over and over again that Evanston's contribution is both appreciated as a contribution applied to specific expense needs but also as a way of demonstrating to =.er funders that this has community support. He has no reason to doubt that but asked Mr, Terry how common and has prevailing an issue that is. Mr. Terry said his sense is it varies by the (under as he is not aware of too many Federal agencies that require a municipal contribution for a grant to occur nor is he aware of too many states grants where that is true. On the other hand foundations often look for local support as evidence that the project for which the funding is requested has a broad base of support in the local community. It varies from the type of funder and he would think the private funders are more likely to look for that type of thing than a State of Federal agency. Alderman Feldman asked if that is ever taken into account as part of an evaluation of a contribution, for example the City's contribution considering the low percentage of BE-HIVs total budget could be labeled as symbolic and if that's the case what is that symbol demonstrating that the City of Evanston wants to help people get rid of AIDS? What's the symbolism that we support their work for $20.000 out of a 51,400,000 budget? Alderman Newman said the symbolism is that once any organizaton gets money from the City of Evanston they never want to give it up, which is the truth and is not to say anything unkind abo the BE -HIV organizzation because it's a very fine organization. In his view the truth is we would be doing a greater service to the community as there about four organizations on the list for review tonight that can use this $20,000 a lot more than BE -HIV. From a straightforward point of view politically anybody who wants to get into it you'll be accused of being against AIDS education something every member of this committee definitely is for. Childcare Network - Alderman Newman moved as part of this discussion to accent and aive direction to what the staff set out in their memo and moved to adopt the staff recommendation in reaard to the Childcare Network as follows: 11 For whatever oeriod of time the State continues to require the community match, and Childcare Page 4. Network chooses W administer it. City fund inn a the current level should continuo; ;1 Qnv us0 of ObLdolla� the Childcare Network for a nurposa other than the match would require rp %v and apprpvpl of the Human Services f ommktae of the City Coiliecil. Motion seconded by Aldeman Foldme Alderman Rainey tt;ought the recommendaNan goes way too far, is much too lenient, aW ti►gold say the use of City dollars by the Childcare Nev-,ork can only to used for the match. An organization should not to a+k-m-ed to reinvent ►:Self during the funding year. 7 hey get the money for the match, if its not used for the match it c rvs back or its not allocated, however, we turn ts money over. She does not think this money should be used for a rsultants to see if maybe this organization should become something else, but should be used as it has always been u---,d, for the match. If the match is no longer required and goes to 100% vouchers in the City of Evanston. or however me State is going to reconfgure this program, then maybe there is no longer a need for this organization. This is somett,irg she does not know, but this agency needs to rcene back and tell us that. Alderman Newman• said it seemed to him that Mr. Terry's recommendation was exactly what Alderman Rainey said, that any use of City dolars by the Childcare Network for the purpose other than the match would require prior revie'ro and approval of the Human Services Committee of the City Council which seems to him is exactly what Alderman Rainey is saying. Alderman Rainey said that is not quite what she is saying, Alderman Newman just spoke to the issue of our being in a rut when somebody is funded, they are always funded. Can one image what the difficulty would be in funding somebody and they taking the funding back, she does not think that would ever occur at least not in our lifetime. She thinks there is a problem with that. Alderman Newman thought we have trio problems here, number one he hopes we all agree that Childcare Network has done a fairly outstanding job in the past. The way t,- read this motion is if they are going to use this money for anything other than the match, the fund is $150,000 and if ti-,ey only need $70,000 to cover the match they have to comeback to us for the other $80,000. He asked if this was w= Mr. Terry intended, to which Mr. Terry responded, yes. Alderman Newman asked Alderman Rainey if she would Iske to suggest any addejonal wording. Alderman Rainey said her intent would be to authorize the money only for the match. Alderman Newman asked what if only half the funds was allocated for a six month period, to which Alderman Raine/ commented she is absolutely prepared to allocate all the money. Helen McCarthy, Childcare Network Director, commented that the Childcare Network has never conceived of using that money for anything other than the match. She is totally 100% comfortable with saying that we would not use that money for anything other than the match. If there was a time when we did not need the money for the match we would immediately come to you and tell you that the rules have changed, we might come to you and say is it possible for us to do x. y, and z, at which point you can say no. She just wants to remind the committee that the money that comes from the City does not a ren come to the Childcare Network but goes to that special account that was set up where the United Way is the custodan and the only way we can draw down that City money is as its spent. $1 for the $3 that we bring in and we withdraw it monthly on that basis. There has never been any thought that we would use the allocation that you might approve for any other purpose. Alderman Feldman remarked even with the language Alderman Rainey proposes there would be nothing stopping Childcare Network from coming to the City saying according to the terms of the agreement they are no longer eligible for that money because they're not spending it on the grant and could we see our way to give that money for something else. Alderman Newman asked Alderman Rainey how she would change the recommendation of the staff analysis of the Childcare Network Alderman Rainey said she is not offering an invitation to come back lcx some new ideas, but she did not make the moron, the motion was made by Alderman Newman. Alderman Newman saxi if they come up with a good idea we can eiWer say yes or no at that time, and thinks we all understand that. Alderman Newman stated there is a motion to incorporate the staff recommendations. the twn gullet points on the Childcare Network staff analvsis. Into whatever recommendation we make tonioht on funding. Not hearinq anv further discussion renardina that motion, Alderman Newman called for aooroval of the motion. Motion anaroved 3 aves. 1 nay. %Alderman Ratnev was not in favor of the motion). Alderman Moran sa id he supports the motion and voted in favor of it because it is consistent with what Ms. McCarthy is telling us and is %nat he expects would happen. His other observation would be that it is clear from the cavalcade of research reports that are now coming out that early childhood development in childcare is one of the predominating social service concerns facing the country at this point and maybe a critical component to the future of the youth of America. True the funding and administrative process in this field is in a state of great flux as being pointed out by Mr. Terry in his staff memo in relation to this. He would caution the committee and the Council against making too quick a decision about these changes being brought as being an easy marker for just pulling money back from the childcare and early chidhood development field In his opinion, some of these changes can and already are showing a potential impact on youth and their families in re:;ation to childcare and child development. Something he does not know as a fact but the changers may result in a very serous imposition on the tremendous network for childcare that we now have in our City. The changes Page 5. may result In a completely new set of strnt+egles that this Grt►r %%in need h,�,tidress, consider, and polonlially ak&vt to make sure that the current not only is system in the same fore, but the curm"t s*micos that our citizons receive are-zantained. Perhaps they may have to be expanded given the cut Nicks the State its ,now making in terms of subsidy eiiotikoes which are dropping down and are making it clear that working pcx-r family s iv need of chQ care are no longer eligib+e br State subsidies and will result in the expansion of needs in the childcare fieit, not the contraction of Ihnso needs. 7%, at needs to be a continued focus of Human Seri-ce efforts in our Ory As we ji-P in a perickl of tremendous flux on r-se issues he is concerned that we send a signal mat as changes may evolve 1%ist is looked upon simply as ratios %r cutting funding when it may in fact invoke us a community tL% realN be chilleriped to an incredible degieo beyorict ,+u'-.at we are now challenged in terms of delivering required services Alderman Newman wanted the record to reflect that he very strongia supports tho need for govemment ?r. `.and early childhood. He has some particular views that are in part on the ballet tar the November 7"' election, and r teary believes it is a State and Federal responsibility and is not realistic considering pow high the property taxes are in E•.G-stan that this community could ever afford to take the amount of money that is needed for earty childhood from our przoety taxes. He is hoping and will be voting and supporting those State legislatem and Federal Congress people and >-esidential candidates who consider funding of early childhood education a priont� but he is not sure what our potential is ether now or in the future. He does agree that we should be looking for altematinoes on how we use the $150,000 ard continue to apply that to childcare and hopes we wilt continue to worts with Chrldtnre Network on some of the issues —a- +- in the report including what's going on in District 65 over the next year. Alderman Moran hopes that over the course of time our community will benefit by increased State and Fee-1--rat funding but he has to say his concern for the children that are benefited by tese funds and by the community's ef'rnts primarily have to be a concern of our community rather than the State or the Country. The saying is that it takes a u,liage to raise a child not a State or County and it would be a serious policy mistake for us to lose our local focus as a City and as a community caring for children in need. Alderman Newman agreed with Alderman Moran and said there are probably a thousand things he would fund in this community if our property taxes weren't the highest on the North Shore It stopped people from investing in our community, stopped poor people from 3,ong in community, because those taxes are piled on to their rental bills. He wishes we had more room for a better parkincreation system, better library books. more police, better fire stations that we have neglected for fifty years, but we just du not have the funds and it is very frustrating being a public official under those circumstances. Alderman Rainey said the true test of childcare will come in this community when we dicker over a half of percent increase in taxes or five percent increase in taxes because obvious) we can't take on the burden If we're not willing to ask the taxpayers to pay for it. It's one thing to say we're for it, it's ancrher thing to act on it. She wants to know what are the implications of this voucher system in terms of being able to use them on licensed or unlicensed providers. Ms. McCarthy said vouchers can be used for any provider that is taking care of your children outside of your own home. It can be unlicensed or licensed. Statewide about 65% is now going to -inlicensed providers. Alderman Rainey asked Ms. McCarthy if this concerns her. Ms. McCarthy replied, of course, the -rain growth is in unlicensed providers. Alderman Rainey said she is sure it does serve a need and there are probably some wonderful unlicensed providers, but do we know who all the unlicensed day care providers are especially if they're small. Ms. McCarthy said most of the unlicensed providers are family members, extended family members, possibly reighbors of the family that needs child care, its not so much the idea that there is an unlicensed provider that's got eight cmildren illegally, or that it will not occur, but it should be kept in mind that the state reimbursement level for unlicensed ho-ie providers is extremely low so there isn't a great deal of motivation for someone privately who does not have an interesr in some way in the family. Alderman Rainey asked what the differential is for someone unlicensed. Ms. McCarthy said an unlicensed home day care provider gets about $45 per week per child as opposed to S150 per week per child, a ve: y large variation. It also depends upon t.*oe age of the child and a few other things. What has happened, not just in Evanston, but statewide is that an exterxied family member such as an aunt will take care of several children from the far lly and it then becomes another soL rm of income for the extended family. It can't be someone that is living in the same household with the child, a parent canna get paid to take of their own children. Obviously there are some grandmothers and aunts who are the best providers of all. There are a lot of kids just sitting in front of T.V sets in a lot of the homes iteY're in now, which is a totally different s--,ztion than what is happening in licensed centers and homes. Alderman Feldman asked Ms. McCarthy what if there is a grancnother living in the household taking care of the grandchildren, to which Ms. McCarthy responded it has to be in a se!parate location. Alderman Rainey noted it is interesting that years ago when this prccess began budgets were small and now there are so many million -dollar agencies, it is overwhelming. Connections for the Homeless - Alderman Newman asked Mr Terry if the Entry Point Program is the CD Program and not the program we are funding, to which Mr. Terry responded tt-,at is the HUD Grant Program. Alderman Newman went on to say that $300,000 program we helped them a couple of years ago when we made it the focus of t -e Evanston Page 6. Continuo f it m o Care. Alderman Newman asked d the S22,t700 acivaNy goes directly to wtzat used to be carlen iidda's Place. Mr. Terry remarked Mr. Saver was the primary author of this particular analysis but we included En. Powa because it just speaks to general agency performances and responses. Alderman Newman asked if tr.e E-try Post Program people receiving service is part of this anattsis because we used to get an analysis only of EvanSt.;.niar-.s using Hilda's Place. Mr_ Saver said still we do receive that information speri`cally in the funding requests for the Far ly +iousing Services which City dollars are now funding. Alderman Newman said then we are not funding Hilda's Place ux Family Housing Services and there are not 420 Evanstonians in the Fam3y Housing Service program to whim wr Saver responded there are more than just those individuals in those apartments, Alderman Raine, inquired regarding New Beginnings for Young Families and asked what is the youngest age kx a parent in one of those'amilies. Will Sundblad, Executive Director of Connections for the Homeless introduced himself and Marie Vesely. ,;*rogram Director of Famii+y Housing Services, Ms. Vesely said the youngest age of a mom is 18, we can and do have -cads that are in High School, Alderman Rainey said one of the problems she has seen, especially in the south end of awn, deals with young families with children that are someplace in between being teenagers and parents and many of ze emblems come from the fact that there are more teenagers Iran parents. Ms. Vesely said Alderman Rainey is absolutely right those are the families they are targeting with this program and the HUD Program has allowed them to t:urlld in a comprehensive array of services in addition to being able to access ai-A use other agencies in the community They're finding this is a ,eery labor-intensive population to lye serving exactly Decause of what Alderman Rainey is szging, its children with children. Alderman Rainey asked if the agency visits tt~ose homes, to whch Ms. Vesely resperced they have staff in those homes and about four times a week some staff member has contact with that family. Alderman Rainey asked if t:-zat's a more productive way to house those families tt;an in a congregate setting where people learn from one another. Ms. Vesely said she did not know, they are actually doing a combination of the two because when they have, for example, a or-xnan and her child, only a two -person family, and we have a two -bedroom apartment, they house them together. The problems with a group home type of setting is they tend to give families a less real experience and this is an opportunity fcr them to experience and achieve independence. Th-s is their preference but they have not used and tried the other model. Alderman Rainey asked if there is ever any discussion with these families, and she krz-ws there are very few of trem, that it's important to attempt to become part of the community and do neighborhood things. Ms. Vesely said they try very hard to do that and to engage them in community things to get them involved not just w Ch other agencies in the community. With this new program they think they're going to be more able to do those things because they'll be staying for a longer period of time. Other programs being superseded by this were relatively shark, term. Frequently these are generally young people who are members of this community, who have grown up here, go to school here, and unlike middle and upper middle class young people and families tend not to use other resources mat the community has, c,aey don't have practice at doing those things. Part of what they are tying to do is to get them to practice better life skills so when they are realty out on their awn and not with then they'll be able to take their children to tre story hour at the library and see that as a resource available to them. Alderman Rainey said that is the kind of thing she meant, to participate in park programs and become involved with other neighbors, she knows they're part of the community and all of their friends know where they are now living but she would like to see them become part of the adult community. Ms, Vesely said tney try and will be working on those things but it will be a slow process. They hope that as they are with them longer they will have more opportunities to practice those things Alderman Feldman asked if these kinds of services are offered to older adult families, what can the age limit be that this service is offered io. Ms. Vesely said she did not know that there is aryl upper limit they are trying to target young, new, families feeling that all of us have limited resources and if we can focus and invest in parents when they're younger and the children when they're younger we'll wind up using out money more wisely and having a greater impact. They do not necessarily have any upper limit, a lot of the focus is on the ages of the children they try to get families with at least one child under the ager of six. Alderman Feldman then said if somebody toad a thirteen year old, a ten year old, and a five year old, they wcuid be eligible. Alderman Rainey asked if a teen aged girl who has a couple of children, Irving with her mother who says she's nct putting up with her anymcre and wants her out, is that considered a homeless young family, and is that pretty much whw y-)u find you are dealing ti-sth. Ms, Vesely answered, yes, we're dealing with that and we're dealing with domestic vicience. Alderman Rainey said she was referring specifically to these kids who are at home with kids, whose mothers and grandmothers are raising them. Ms. Vesely said they're leaving because of domestic violence in those homes either mom's boyfriend u a drug dealer and he may be messing with her or the kids, or there are kids who left home when they got pregnant because their mom threw them out and they're living around and about She would say those are the primary things they are seeing. Not hearing any further questions, Alderman Newman moved on to the next agency. Page 7. rr . Evanston Community Defender- Aklemian New ►ten noted ai.�achM to tho staff analysis is a t0Mv sent to him by Circuit Court Judge James Epstein, a Judge in the Se"nnd District who is sitting ►►nth a felony call at 1;&'0 O d Orchard Road. Alderman Newman saw the Judge Man ervnt at" told him use have this question that comes up ".=-r time as to whether or not the Evanston Community Defender ccrtsiritutes a service that is a dup1A, abon of the Cook Ccurgy Public Defender and asked him to comment on it ni wribng �Jadge Epstein wrote what Aldrrman Newman V%-W--C". was brie definitive letter on the topic that he has hid the expereri: a of having tho Evanston Community Dofen&— people in his courtroom. Judge Epstein is a very e%. ent N-ed Cnrr+unal Court Judge who has wer�,ed %pith the Cock Oounty Pubiic Defender and our Evanston Community C-efen.!er ter several years. Alderman Newman asked that the letter be distributed, not only to the committee but other of the Council and would like to publicly thani JL:doe Epstein for taking the time to share his views with us Alderman Rainey remarked that there has never ton 3 time when she has not supported this agency's prcoasal and considered it to the fullest. However, she is getting to tt to point where she has realty had enough with gang bwVers and drug dealers in this town and with the way the courts deal with thern. She thinks she represents a huge chunk of the population in this community when she says that bwc use a huge chunk of the population in this commuricy are not involved in social services one of the places where we need to draw the line in this program is we should not be paging to represent people who exceed juvenile status. For the Evanston Community Defender to be defending twen;:y, twwIty- one year people she thinks enough is enough, and for that reason she would really like to ask Mr. Roy if he'd aonsider, over the course of the next year, taking a look at that Secondly, she would like to hear some comments on juvenile crme in our community as it is very difficult to get a real definitive response from the police department on this matter. In fact when she asked about it a few years ago, she was told *e really did not have a juvenile problem with crime in:is town. She is extremely concerned about this representation inr people veho exceed juvenile status. Alderman Newman posed the question that he does rcr. see a lot of difference between somebody who is sixteen and nineteen years of age in terms of whether we want to get mat person on the correct tra& in terms of potein" addressing their problem, getting them into a job program, and gettra them some training. Twenty-one is the age liw,, of t" ae agency and to him if we're funding this because we want to try try get people who are interacting with the criminal justFce system or somehow connected with our other agencies, he sys-jaathizes because all of our Wards are victims of inappropriate criminal conduct but he just does not know that there is a difference between a sixteen, an eighteen, and a twenty year old in wanting to get them directives. Alderman Rainey said there is a big difference and the law looks at it c1derentty too. If you're still committing crimes when you're nine'een, twenty, and twenty-one years old you need to go to the resources of the traditional system and given what she sees as the problem in our community Mr. Roy had better spend his time with children who are much younger. We a=ally do not have the solid, hard core evidence that its helping. She does believe juveniles should be given the special attention and expertise that Mr. Roy gives and she will fight for that as that is very important. He does a tremendous service to the youth in this community who have problems with society and thinks we need to look at this older group t"t we're supporting as we have no idea what arose cases are. Alderman Newman said the average high school senior is eighteen and is not subject to the juvenile court act Mr. Roy said the reason twenty-one was the age picked was because we were trying to work with people in different fife domains and twenty-one is the upper determinate age for eligibility for special education services in the schools and is what our Board of Directors took as a good age to use in guidance as to eligibility criteria. About 68% of our clients are under the age of 17, that means that they are juvenile c-jrt eligible You will still find kids under the age of 17 in an adult criminal court because of changes in the law regarding automatic transfers where they have taken away the discretion of anyone to see a person in juvenile court. He would ca, ment that if you take a kid who is regularly on track in school at the age of 16 or 17, they should be a senior in high school, unfortunately a lot of the kids that we see in the system are not on a regular track and they are a bit older. You're also dealing with a high percentage of people who have special needs in terms of other life domains. Where this surfaces is in the criminal court system. He certainly would love to devote more effort to those younger and as he previoustf pointed out many times in juvenile court when you see the social investigations that are prepared by Probation Officers t; tt really do nothing more than mirror the same social issues that occurred in those families when they were in the abuse neglect, and dependence courts. Those children from age zero to seven were generally thought to be protected by that system and those problems remain unresolved and pour over as a child develops and gets out of the circle of influence of his/her family and ends up having more contact with the neighbors and with the police department which is how wings realty become apparent to the people who are affected by this. Not only are the neighbors, but also businessmen v.,ho have to put up with things such as thefts, vandalism of their property, etc. The only thing he can say in response to "iat is the work they do is primarily in the juvenile area, they have cut back a great deal on what they've done in misdemeanor cases and find that there are kids above the age of sevemeen who do end up getting charged in criminal cases. Scr--,e of them do in fact have a defense and are innocent of those charges. Not everyone who comes to them has a verf complex social, emotional, underlay to these things but yet they cannot afford to hire a private attorney. He hopes he is being responsive to the question asked they certainty would like to take a look at that and one of their internal goals is = try to address with the court system why it is that we don't have a unified court system for abuse, neglect, and dependency in the Second District Currently that is at 1100 South Harrj,-ttr n which is southwest of the Loop and he is very much ahsfe of that when he speaks to people about their program he not Page 8. only talks about the frontline work that they do but also about the services that support their eMa-Z to try to change behavior so that those things don't happen. One of the things that involvement in the justice system does is makes it +cry difficult for people to And weilk ?He is very much aware of the situations Alderman Rainey is referring to and they ;,-tuatly have become high priority am:! :.nvh profi]e. He would also have to say they might not always be representable of the older kids who are living" r all of our communities in Evanston. Alderman Rainey said her question was ++hat's the situation with juvenile ---*T" fe in our community, is it more than average, more than in Oak Park, can you g, a us soma idea ++teat it is Mr. RCy : he could not answer if its worse than other areas but can say when he first started working here Evanston was much a suburban area that had some urban overtones to it, it is in fact bemming more of an urban area that ,-es suburban overtones and as that shift comes into the community so also are gang to be the problems that exist t1--:2t cs.e of the economics of living in very low income families. Yes, he does think the status of juvenile crime is not good. 1`te are kids who fend for themselves and at the age of 12 or 13 if they are not getting %fiat they need at home they cixT have the slightest bit of redolence to go into a restaurant and till tap or take change out of a waitress's tip jar. He can see that as being symptomatic of the socio-emotional economic conditions that they live in. Drugs. it could be the unae—zxcund local economy if you can make much more money just taking your hat off standing on the street corner if yc;W s,--- a police officer coming down the street than you can in a month or two of work at McDonald's. How do you change -. M you work with the families. A thousand feet from those public parks and schools have been measured so that if anyt:ody sells drugs within that range they end up being prosecuted for enhanced penalties. It's a question of values and is a very difficult situation, some people would say if you were to make it all legal and dump it in Fountain Square there wyAd be no economy for the substances and then people would come to Fountain Square to destroy themselves and ewould be not profit in that just as there are in other forms that are legal within our community. That's probably never going to happen but at the same point its worth commenting on. He doesn't think it would be right to say that to k'{- but he says that since you asked him a question, he answered it. Alderman Feldman asked Mr. Roy if he accepts every client that comes to him. Mr. Roy said some of the things he just said reflects more his personal opinion than would be of all the people he works with and who are on the Board of Directors. The clients they do accept have to live in Evanston, have to be under the age of 21, have to be r Kuxre eligible which is 125% of the poverty level as established by Congress and published in the Federal Register on an annual basis, have to have a legal problem that relates to a juvenile justice matter and he would include in that also a school matter in this local area. Thus far they have been able to do that, to take the people that have come to them and trey accept the cases as such, if not they try to make sure they understand where the local bar associations are if they're above income eligibility and what the different bar programs are that are in place throughout the county so they can seek private counsel perhaps at a reduced rate. Alderman Feldman asked if there are clients that are constantly coming track every few months with a different legal problem, permanent kind of clients starting at 15 and winding up at 21. Mr. Roy said he'd never say never and would never say they don't, he certainly thinks they do. They come in different shapes and forms. Sometimes they'll come to us with a juvenile court case and then come back because they haven't complied by going to PEER Services for their drug evaluation, or they're supposed to re -register for school and come back into court for violations of their probation. The fair answer to the question is yes, they come back and they need to be supported along the way to change that behavior. Alderman Newman did not support the notion of reducing the age or limiting the services to just juvenifes. He will say that 17, 18, 19, and 20 year olds in many cases will have bonds they will have to post and looking at the agenr/s funding does not see that you are collecting any fees from clients something he mentioned last year. He would like to say he does not see this agency as duplication in any way but he thinks when looking at the agency's combined funding cf 5132,000 and asking CD and City funds a total of $148,000 he wants to send a message to the Community Defender's Board that we're going in the wrong direction here. We just do not have the money and as much as he respects this orgar.tation and Mr. Roy's work, in his opinion our contribution should be closer to $100.000 than $150,000 and if it means that the adults have to contribute in some very limited fee structure or have to sign contracts and sign aver their bonds something very common placed in the private world where people might have to post 51,000. You might put S10,000 wcrth of time into that person's case and $1,000 is a terrific bargain depending on what the charge is and how far you take tnem throughout the system. This is something he cannot get into at this time because there are other agencies to be heard. but he would like Mr. Terry to set up a meeting with the Community Defender's Board to discuss this. As much as i~e supports this organization, its goals and work he cannot support the increases that are asked because there are too marry other parts of the City budget also crying out for increases. If the Community Defender would like to respond the t:-ese comments in writing he would glad to take them. Mr. Rob wished to thank the committee and said he appreciates tf,e questions that help them form their responses to your concerns. Alderman Newman said he did raise the point last year about trying to raise some funds through your clients and thinks since Alderman Rainey is raising this point and asking the question whether or not there should be a juvenile cutoff a good response would be to start asking for some financial contribution from the adults even if it was limited to the bonds that they post. Page 9. X Family Focus - Alderman Rainey inquired whether there was a response to stafFs question raised about tte income that comes from Fleetwood Jourdain and also the question of access. Alderman Rair:ey referred to a letter received from Mary Friedl about the Lack of access and also a L—ter from the consultants. Alderman fiewman said the real access issue is whether the CO Committee is going to pay for ;t because it seems whatever is dorre to that building there is a request for City funds to fund it and the issue of access is an important question and how do we deal with it within the funding request Alderman Rainey said the City is paying rent to Family Focus for a theater drat is not accesscble for which we have obligations and responsibilities Alderman Feldman remarked that Mary Friedl is a constituent of his and he has been working with her for 15 years. She indicates there is culpability and legal responsiWay on the part of the City. Any money given the Fleetwood Jourdain Theater makes the City complicit and responsible and is a perfect target for court actin. Alderman Newman said there have been extensive discussions going on between the staff of Fleetwood Jourdain. the Recreation staff, and the staff of the Noyes Center about perhaps transferring and relocating the theater over to the Noyes Center. For whatever reason that has not been accomplished, but it has been looked at and there are issues about meater space at the Noyes Center, issues about where the Fleetwood Jourdain Theater would best be located. There has been some discussion of this issue and he believes there was an effort to try to relocate Fleetwood Jourdain to the Noyes Center which did not yet occur. Alderman Feldman noted Ms. Fhedl indicated she asked the theater to have performances in a space that was accessible and they said they could not do that We've done that with another Evanston institution, for example, ti"fe Evanston Arts Center, where certain classes on the second floor were not accessible and they moved those Gasses to sections of the Noyes Center that were accessible and offered tern not just at the Art Center along tr* lake but also at Noyes and now take considerable space there in order to do that. What seems to be the goal is if you can't make a budding accessible you make the services provided in that building accessible by moving them or offering them someplace where they are accessible. What we are doing is supporting a system that denies accessibility to many of our citizens. Alderman Newman added except over the years, as the primary funders of the building, if we had an accessibility issue it seems to him that somewhere along the line someone on our staff would have chimed in that we're not in compliance with the 1988 Americans With Disabilities Act Alderman Feldman noted it does not happen that way in this City, the way it happens is that somebody tries to get into a polling place, to get into a building, tries to get into a public meeting, or tries to get into a First Night event supported by the City with police protection and numerous other activities and could not do it, then that's pointed out How our Building Department allows a garage to be built that doesn't allow a van that is capable of housing a wheel chair to get into and we allow that building to be built in the City of Evanston, one of which is one of our hospitals. What he is suggesting is that for some reason or another most of the cnanges that have occurred are as a result of protest That is why we now have this City Manager appointed committee that is our watch dog of these kinds of things, it came about as a result of exactly the issue now being discussed. Alderman Newman said he sees and accepts the issue and right now we have a funding request before us for $41.700. How do we want to, if we want to, link or somehan relate the accessibility issue . A:Jerntan Feldman asked that the agency be heard from as to what they perceive as their responsibility in this regard, whether or not they want to rent and have services in places that are accessible. Delores Holmes, Director for Evanston Family Focus, introduced Kevin Lemback their new Director for Family Focus Incorporated. Ms. Holmes said they do want to accept responsibility. When this complaLnt was first lodged in December of 1999 it was brought to their attention and they began to look at accessibility for the whole building.. This isn't something they were unaware of, they thought they were okay because they had a lift that could get hookup and nobody ever told them it wasn't okay. They can get folks in a wheel chair up to the theater level. When you get to the theater there are five steps and the wheel chair lift will take them down but you cannot require anyone to get out of their wheel chair to get on the lift and go down to the theater. Last year City staff came over when the compcaint was first lodged and tried to make reasonable accessibility by putting a temporary ramp down to the five levels to get to the theater which was not acceptable to the person who had complained. At that time we knew that there were some funds available through the state which we applied for through Senator Carol Ronan's office. We did receive $25,00 and started with the bathrooms = still thinking our lift was okay. When it was brought to our attention that the lift was not going to be certified by the City, although we still have not yet received anything from the City that it is not okay. We did write back to Senator Ronan as well as to Representatives Hammis and Schoenberg, also Senator Kathy Parker asking for Illinois bill dollars to help us do that. We did receive an additional $25,000 and now have $50,000 and are looking for dollars wherever we can, not from CDGB. CDBG proposals were already in and we might have asked for that rather than for our gutters, not because we consider the gutters priority over accessibility but that's just the way the funding cycle ran. Alderman Newman said he has a lot of respect and is a great supporter of this organization but his problem is he knows what will happen here the City is going to be asked to pay to make this building accessib e. That in itself is one issue and people can reasonably disagree about how much money we should be investing in that tyJilding which is a subject for CD. The part of this that he thinks is unfair to the City is after we put the money into your building you then charge us rent on the theater which is so blatantly unfair. If we make this theater accessible with our c-rrn money how then can we be Page 10. it charged rent, shouldn't we at least get a credit on the rent for whatever we put into the bukling. Ina sense we have paid for that building and you come back and ask us for rent for what we have been paying, which is so unfair. tf we're going to pay for the accessibility, which he thinks we will asked to pay for unless you go to someone else or unless your parent does it , he would want the CD Committee to say, okay if we do an accessibility to ymir theater we want a credit on the rent charged us. Alderman Feldman had another option, at one point or another we say to Family Focus this building requires too much maintenance, rent another place, we no longer can pour money into that building. H-eis not in a position to tell them to do that but if he had a problem ► ith a business, or agency or building that requires treat kind of constant pouring in of public dollars to just keep it alive and functioning, he would have to ask himself the question at what point is it more economical or efficient to use the dollars we have in a different way. That does not rrean to diminish titre importance of that and maybe there aren't any facilities in the neighborhood because you are an important part of that neighborhood and of course that is not an option, but he does not know whether you have ever consrdered that He's not telling you to do that but is merely suggesting, from our point of view, we have not heard of the kind of viterior dialogue you must be having regarding the questions now being asked of you. He is not part of that as he dues not go to your Board meetings and does not see whether or not you're asking its north while staying in this building and if you can find other accessible space. For example, if somebody wanted to use your services, he does not know whether they're all on the first floor or all accessible, in one sense that issue is denying people the nght not only to go the Meater but not to use the services Family Focus has that are so essential to many people. He would appreciate any kind of information you can give him regarding the kind of problem solving you're dealing with no; only regarding the acze5sibility issue but whether the constant input of public funds into that building is the best way those funds can be spent. Alderman Newman asked Family Focus if they have a time or goals set as to when they think the building will be accessible. Ms. Holmes said there was a letter attached to the staff analysis to the effect that they have engaged with the Chandler -Moore Company and hopefully within the next few weeks will have a complete audit of what needs to be done to make the building accessible based upon federal and state guidelines. Alderman Newman said lets say that figure is $200,000, to which Ms. Holmes said then they would have to sit down and try io figure that out and would hope they would be able to do this within a year. They've already talked to HUD and asked w:zat would be the reasonable thing to do and got the same answer as they did from the consultant so they would try to come up with a voluntary compliant agreement in terms of how they would do that. The big question for them is raising the money but they have a plan and she would be happy to send something in writing in terms of how they would want to oo that Alderman Newman remarked we can then agree that you're going to give us the accessibility plan by the end of the budget process which will be the end of February. He knows you are struggling with funds but you heard his point about giving the City a credit He would like to have In writing, when you come back, what your response is if you want to straighten him out on this subject he would be happy to have you do so, although he feels he is making a legitimate point if we are funding the repairs we should get some credit. Mr. Terry noted in response to Alderman Feldman's point about alternative performances, for example the theater, he would like to clarify that's an idea but that's the City of Evanston's responsibility not Family Focus; theater performances are a City program. Also, for the committee's information, he, Mr. Crum, and Mr. Gaynor, have a meeting scheduled this Friday morning to discuss the entire question of accessibility, the Fleetwood Jourdain Theater, and how to balance all the competing issues faced by the City. They should soon have some further information for the Council. Alderman Rainey remarked that the very first question still has not been answered, where does the theater rent revenue go. Ms. Holmes said aii the rents they receive in the building go toward the operation of the building which is why she thinks when Alderman Newman raised the question in terms of a credit if that was the case they would have a big shortfall paying the utilities, the rent includes all utilities being paid for by Family Focus. Alderman Rainey asked that her question be focused on, when looking at your revenue page she has heard you respond that way and she understands it goes for operating expenses of the building, where in your revenue statements are afl the rents recorded, what line item are rents? John Vega responded, they are not asking for funding for operations of the building. As a result the rents and operational expenses for the building are not reflected in the budget. Alderman Rainey asked then what other money is not reflected in your revenues because she wants to know what are your revenues. You're telling her you're reporting Family Focus Evanston revenues are not reflective of the real revenues there are other revenues you've not reported to us. Mr. Vega said they would be more than happy to get the budgets it's just that they were reflecting the programs that they were requesting money for. Alderman Newman asked if he could have Mr. Vega make a ne-Y assumption, the building is so intricate to our funding, its part of the CD process, the theater charges our Recreation Department $40,000 or $50.000 a year, can we assume from now on that any funding proposal that we get before this committee will include the revenues and expenses of the building. Alderman Rainey added, and all other revenues. Ms. Holmes said they do not combine the building dollars with their program dollars they keep them very separate, to which Alderman Rainey said she did not care if they combine them she just wants line 1801 to be rents because on a budget you can't show us your revenues and exclude your rent revenues when you're showing your expenditures out of your rent Your showing operating expenses, Page 11. x occupancy, general operating expenditures, you can't show that and tell us what you pay for that with is the rein nue from the income from your rent Ms. Holmes said the General Operation on Lune 2500 are the dollars that Family Focus Our Place Programs pays for space in the building just the same as any other tenant Mr. Vega said the General Operation line item is general operating costs for the two different programs we have. the Crime and Prevention and the Teen Parent Services. Alderman Rainey said obviously you have an interesting way cf reporting your revenue and expen&--s that are very unclear to her because perhaps the titles are so generic and so general. She'd tikes to see what your rent is and what it costs you to run the building, there has to be a budget someplace showrg that If you have a separate building budget that is not included in here we need to see that. Ms. Holmes said they do have a separate building budget. Alderman Newman wanted to clarify that they're going to give us the entire expenditures aM revenues on access for Me building which will include all the rents and can we agree that from new on in future app€cations that will be made an addendum or an exhibit to your application. Alderman Feldman inquired whether Family Focus is asking CDBG for money for gutters as that's part of the budding and you will have to submit to them an operating budget for the building alone. that was lei: out of this proposal. Ms. Holmes said it does not call for it in here and we have just done program stuff tsecause we aapiied to the City's committee for program funds only and not anything for the building. They did not apply to this comrrrctee but applied to CDBG to which Alderman Newman responded we're all part of the same City. Ms. Holmes said mayte they misunderstood what it is that you want. Alderman Feldman stated that places us in a position where we are not aware of poss;ibie funds that could determine the amount of money that you make or have in income that might affect the amount of money that we want to give you. For example, and this is not at all something he's suggesting, lets say you made over and above your expenses 3100,000 in addition to everything else as a result of your rentals. We don't know that and you could use that money for anything, he's not suggesting you would not use it wisely, but we should know that there's that money that you have a choice of using instead of asking us for less. Alderman Newman said we realize the accessibility problem is not going to be easy but are counting on you to give us a comprehensive report on your progress on that and if you don't get it done and at some point you'll tell us when. Teen Baby Nursery - Alderman Rainey remarked this proposal reports a very disturbing number to her and that is in merely projecting ahead. While there are 14 girls currently at the nursery at a cost of 57.500 per girt there are at least 12 pregnant girls at ETHS right now that she is aware of. What does that mean in t1-e scheme of things, where is ETHS on pregnancy prevention, are these girls who are going to be eligible by virtue of their :ondition for this service, are they eligible for Family Focus service. What are we doing in this community about preventng teenage pregnancy/ Alderman Newman said one of the things we have repeatedly heard is that, and he is not sure if rs this agency in combination with Family Focus, but they had a lot of success in terms of preventing the second pregnancy by the same mom. This is one area where it is pretty well documented. Alderman Rainey interjected we received a report not too long ago, that the fact is there were girls with several babies. What this says to her is there's hope for Tee-, Baby Nursery because we have 12 girls waiting to have babies who can then be part of Teen Baby Nursery. Nine of what you say helps her in understanding what we are doing about the prevention part. She sees we're providing apartments through the Shelter for young families with babies. we're providing Teen Parenting at Family Focus, were --r^_+viding day care at the Teen Baby Nursery for the girls with babies, what are we doing about stopping the birth of babies to children. Ms. Holmes said she cannot answer for Teen Baby but they should try to work tcgether. It's pretty hard once a girl becomes pregnant. They have put in a great deal of time in trying to prevent this. She thinks now even the state has caught on as a lot of their dollars are being diverted into prevention, before they start tc have sex to let them understand that are some other ways for them to do it. Alderman Rainey said let them have sex. just don't let them get pregnant if that's a possibility. Obviously these kids aren't doing anything about contraception Ms Holmes said Alderman Rainey is absolutely correct because they don't believe in it. Alderman Rainey said yet we l^.ave a S1.000,000 AIDS agency so if they're not doing anything about prevention not only might they get pregnant but the; aright also die. Ms Holmes said one thing she would say where Family Focus is concerned is their primary preventcr copulation is not the girls that are getting pregnant which they can document and are very proud of. They are also verf proud of the fact that some of the Teen Baby parents they are working with are not repeating and are going on to a road of success. It's very difficult when they see girls in the first trimester and in the beginning of second trimester who are trying harder and harder to identify but it is her personal belief if we don't start working with kids very, very earty to get the-n to understand that its not about pregnancy its about having adolescents begin sexual activity too early That is where she thinks the problem lies and we're trying to tackle that in little bits and pieces. Last year she was ab;e to get a gra.-- for getting to this population and is trying to get another grant this year for 40' and 50 graders. We have to start early Alderman Rainey asked if this number, twelve atone time, is considered a large number of pregnant girls at ETHS Ms. Holmes replied, not really, the numbers stayed about the same. Alderman Rainey then asked if its okay as long we don't have more than twelve. Ms. Holmes said its not okay we do the best we can. Alderman Rainey asked if it is know- how much money the City would Page 12. save if we did not have children with babies. Quite a lot of money Fig-geCrng the parents.. ► is are obv'.ousv useless in thz matter, Alderman Rainey asked Ms. Holmes if she thini,s ttrr SCfwvI has n rtmponsibility here. hfs Holmes resaar>ded, yes she does and the Teen Services network with ETHS &-, part of that as %%0 as District 65 We tthnk they're taxng a much more active role. Alderman Rainey asked if a teen gc%&s f om middle school to high school having that tr4iormation wc0iril that be helpful. Ms. Holmes said it will be, that'S r►ny we're working ►►7th them and have tc swart early. AlMrrnan Newman related that several years ago at the City School Lbison Committee it was such a ma;cr issue that the high school started its own health clinic and one of the issues me Board of Distract 202 fnoed and tcak a very courageous star-d on was the issue of family planning. That is a pr cc n:v at District 20? but District 65 preseres a bit of a cV ferent story and Mr. Terry can comment on score of the efforts made in this area k) address issues with District 65. Mr Terry said there have been efforts made on this issue to get a Mgger t4ry in by Distrx-165 There is not a single youth serrmg agency that does not address pregnancy prevention and he dls not need to tell you what an extremely complex secxal issue this is This isn't necessarily two teens getting together in the throws of teen-age love and this happening. We have young women who have not had the type of affection they need and often turn to an older person. He would caR your attentan to Mr. Roy's proposal noting the number of his dierts who are being charged as a sex offenders given the age differerce between the male and the female and what that's doing for his client population. Our numbers have been constant there is no greater source of frustration in terms of tning to address this issue and everyone is trying to come up with the best strategy, that's happening nationally as well as locally. Its very hard to find any good number of national models that have worked over a sustained basis. There have been programs that worked at a locale far a couple of years and often reflect a strong personality has run that program, It," there is no particular national model we can pick up and have it work in Evanston because the social dynamics, the family interaction, and the community dynamics that contribute to all this are exceedingly complex. He knows that is ncz a satisfactory answer but it's the thing that every agency struggles with. Alderman Rainey said it does not make her feel any better hearing that and to see a justification in somebody's proposal Mat not to worry even though we have fourteen this year we've got twelve pregnant girls at Evanston High school so we'll be all full up. Mr. Terry responded Infant Welfare is not saying that that was his analysis. His own personal prediction is that the attendance policy at ETHS is such that even though there are twelve pregnant girls his guess is the vast majority of girls won't end up in Teen Baby Nursery, will not finish ETHS, will not be a major help toward solving the financial problem of Teen Baby Nursery. The numbers of pregnant girls at ETHS have been relatively constant and therefore this is not a major bump in the road its just their attendance policies have driven a lot of these girls out of the day school and we have to try to address this in some other way. Kathy Shearer. President of the Board of Directors of Teen Baby Nursery, and Mary Lee Swiatowiec, Director were called upon by Alderman Newman to answer some questions about the agency. Alderman Newman said he appreciated the irretation last year for the opportunity to observe the operation of the nursery. Last year his concern was the cost was 55.000 per mom per year and this year Mr. Terry's figures are at S7,500 per mom. His question underscores how expensive child care is and the commitment we make in this program. Does your agency at any time foresee that cost going up or going down because Mr. Terry's statements about your funding were not positive. Ms. Shearer said if one looks at their budget their costs are by and large at least 80% salaries Any cost increase is basically just giving a modest salary increase to the staff as well as a retirement contribution. They spent the last year trying to get additional income and have made an incredible effort to try to control their costs by redoing their salary structure, they completely redid their food program wrhich lowered the staff cost as well the food cost, they made some personnel policy changes when any Teen Baby staff have free time they bring them over to Baby Toddler. She can truthfully say any increase comes with just staff salary increases. Alderman Newman inquired about the shift to the night time program at the high school and asked if they are committing to pay for it or are they saying, as they did last year, to go get some money from the City because he does not want that to turn into a refrain from the High School Board. If you recall they said they'd give you more if the City gives a certain amount of money Ms. Shearer said they are submitting a proposal to the high school to help with extending hours for the evening program. In that proposal there are three assumptions; one that these extended hours are completely separate from the original Teen Baby Nursery and the proposal reflects the hours and any cost associated with the extended hours: the high school is solely responsible for those costs of the extended hours and Infant Welfare does not incur any of those costs; as well as every year they choose to have us have extended hours that cost has to be reviewed and the dollars picked up by the high school. Alderman Newman asked the amount the high school contributed last year and was Informed they contributed $20,000 and the City contributed 5107.000. Alderman Feldman was not interested in the number of young ladies in the school who are pregnant but in those young Ladies that are not pregnant because of the work that you have do"-. He is addressing all the social service agencies that deal with this issue including the high school and Family Focus and the kind of work they're doing. We can look at it and be very disturbed year after year by seeing the same number of young women that become pregnant and need Page 13. these kind of services, besides there may be other cases that we are not aware of. Alderman Newman sand the figure: goes down from a capacity of twenty to only fourteen, is that due to girls dropping out. Ms. Swiatowiec said usually as the school year continues they will have a larger and larger capacity and we know that twelve girls are pregnant, will be delivering anywhere from December to February or May, and our capacity will increase as the year goes on. Alderman Feldman said his question was if the twenty was an arbitrary figure or was it the figure when they rest started, did you have twenty at one time and did the figure drop, does if fluctuate. Ms. Swiatowiec responded according to DCFS licensing standards they can only have a certain amount of children. When the nursery was first opened the capacity was seventeen, and then they extended it to twenty. Alderman Feldman said what he was actually trying to find out is what they know about young women in this area whose lives have been turned around, young women who might Crave easily been victimized because of their emotional situation, who learned to have self respect and begin to think of better things, and to learn how to say no. This is something he is very much interested in because often times we look at -what is still around, for example, a lot of people are dealing with the juvenile crime in Evanston that a lot of people are dealing with, the police department, social service agencies, etc. Its reasonable for us to focus on and keep aware of that but what's frustrating is we don't hear enough about all the young people whose lives have changed for the better and wtz we have saved, that is what he would like more information about. Any future narratives he receives regarding the work of any agency he would like to include that kind of information, and the outcomes as well. Legal Assistance of Chicago - Alderman Newman's only question was if they are going to keep the Evanston office_ Mr. Kolen responded, yes. Alderman Rainey commented that it looks as though the services have enhanced Mr. Kolen said that is due to more commitments, they're now doing foreclosures, they work with bankruptcy experts, and have the ability to work and consult with, on an ongoing basis, experts in all areas of their practice. Their bosses are very happy having the Evanston office and the merger worked out beautifully. Meals at Home - Alderman Newman called for any questions regarding this agency to which Alderman Rainey asked if anybody has a problem with this agency's proposal. Alderman Newman said this is a new program and if we fund them at last year's level is would be zero dollars and suggested discussing this at the time the committee votes on funding. If there any questions at this time he would like to hear them. Alderman Rainey said the reason this program is here is because their cost of food has gone up and this is almost a totally volunteer run program. She would think if we had any questions for a first time requesting agency that they would come out now so the agency can be prepared. Alderman Newman did not have any questions and after reading the staff comments thought it can be taken up at the voting meeting. Metropolitan Family Services - Alderman Newman called for any questions or comments related to this agency, hearing none went on to the next agency. North Shore Senior Center - Alderman Newman asked If they have seen our grocery program at the Noyes Court and Sherman Avenue Buildings. Mr. Brown was aware many clients are using that service, to which Alderman Newman added that is the Bus Program, a very good program that means a great to a large number of seniors. Alderman Rainey added it's a great program. PEER Services - Alderman Newman noted their request is only $7, t 00. Not hearing any questions for this agency, Alderman Newman went on to the next agency. Y.O.U. (Youth Organization Umbrella) - Alderman Newman called for any questions regarding this agency. Alderman Rainey commented they do a great job in south Evanston as its good to see some agency down in that area. Alderman Newman thought a lot of agencies are there to which Alderman Rainy responded, if you are not Chafe in that area you would not know, and she is telling everyone its nice to see Y.O.U. in south Evanston. Alderman Newman added its also nice to see Y.O.U. at Nichols and other places, to which Alderman Rainey added Y.O.U. is everywhere. At this point most of the agencies in attendance left or were beginning to leave. Alderman Feldman commented he really appreciates the extraordinary effort these agencies expend toward helping citizens of Evanston in a multitude of ways and the question he previously asked and is always on his mind, where would we be without them. With all of these people spending time and energy and wrenching their gut to solve these kinds of problems and often times without much personal or financial recognition, where would this community be without them because of the state of society if we didn't have all of these people's attention and professional knowledge and expertise where would we be. He would personally like to thank them in spite of what seems to be critical questioning that has gone on. Underlying all of that is his deep respect for the work being done in this community and the people that do it. Alderman Newman thanked Alderman Feldman as that was very well said. These are very kind and decent thoughts and he is sure that can be passed on to all the members of the committee. Page 14. Youth Job Center - Alderman Rainey wanted to know how difr=lt it is for a pregnant teen to get a job to which Anna Jennett, Director of the agency, responded, very difficult Alderman Newman had a question regarding that fact that the agency had a pretty good role with the theaters in trying to recruit people and wanted to know if some jobs were found there for people. Ms. Jennett said not only dd they find jobs, but they got a letter from the manager of the Century Theaters telling them that in all the cities the/ ve opened theaters, over the past several years, this was the best job fair they had ever had with the best results. It vrorked wonderfully well. One day they hired 51 young Evanston youths. 95°% of who were low income and realty needed those jobs. Ms. Jennett said she sent letters to Century Theaters and to the City, she called the Mayor and everybody trianking the City for its cooperation as this is the way things should be done. The word spread of the success rate and they hired a number of other Evanston kids who will be working there. Alderman Newman asked how Mr. Hill has been to w hicit Ms. Jennett said he has been working in the background of this project ar-d certainly supports the project of hiring Evanston Youth. The job fair went so well that not only Wolfgang Puck but also others moving in are asking L-S to do the same with them. They worked with the kids and did a lot of recruiting beyond the regular clients they have preparing the kids for the interviews and it paid off. Alderman Newman asked Nts. Jennett compared to all the other developers in town during the past ten years, how would you rate how we've done with the movie treaters and Mr. Rainey. Ms.=ermett said she would say they have been at the higher end of the curve on tnnis. Alderman Newman said we need to rave all the members of the Council understand what an effort the Hill Company with Mr. Rainey made trying to reach out to acme of those businesses to work with our community organizations to get our youths jobs, something we wanted to do at Dade and Hudson, Target, Sam's, etc. Target hired a number of people from Chicago. Ms. Jennett said when the Jewel cantle to Chicago Avenue, a number of years ago, we held a job fair with them. She would like to commend the new manager, who as you probably know goes around and opens new theaters Mroughout tt-z country. He brought his wife :werQ for the 6 months for opening a theater. They liked Evanston so much they decided to move here. Ms. Jennett wanted to add a comment relating to teen pregnancy, in their proposal they got funded by Geonge Cyrus to do a long term follow up study on the effect of teens' jabs and four4 something we already pretty strongly suspected, the earlier a young person gets a job where they're getting some money and a feeling of self worth, the less likely they are to become a teen parent. Alderman Newman asked to have Youth Job Center write up the interaction with Century Theaters and Ben Rainey from the Hill Company because every member of the Council needs to hear how the Hilt organization and the theaters worked with our community to try to hire our kids, a very important part of everything that is being discussed here tonight. It seems popular to do some Hilt bashing and he thinks we need to balance the ledger on this. Alderman Rainey remarked that the other evening when the Youth Job Center came to the CD Committee they were discussing their proposal to this committee which presents the problem of the tack of funding for the outpost for the high school. They have to do all their own copying and everything else without any additional financial support for the expansion of the service. The excess deflected TIF dollars that wle directed to the schools for job training came up at the CD meeting. Is there any reason why some small portion of that money can't be used for expenses and the personnel to run that office? Alderman Newman said he personally agreed 100% with that point, there were no strings attached to that money, to which Alderman Rainey added that money had to do with jots. Alderman Newman said there will be a meeting of the School Committee on Thursday and in seven years he has never missed a meeting, but unfortunately the will not be able to attend this meeting. He noted Alderman Moran is also on that committee, to which Alderman Moran said he also may not be able to attend that meeting. Alderman Raney said she would like to send that reference, even without a vote, and asked that issue be taken up before the committee. Alderman Newman said he would like to have Mr. Terry write a letter for this committee to District 202 because he thinks we should get a response from the Schoci Board and the Superintendent on this. Alderman Rainey said she also asked CD to do something about this. Alderman Newman noted there is a requirement that some of those monies be used for job training. Our letter will ask District 202 whether or not some of the TIF funds can be allocated or shared with them as it is legitimately part of their share of the tax base. Upon receipt of a response to this letter it will be shared with the Committee, the Council and the Youth Job Center. He would be glad to take this up at the next meeting of the City School Committee, when we have the response. Alderman Newman also asked that the City Manager be informed we want this issue on a future agenda. Ms. Jennett introduced Amy Goodman their new Development Director and v,as happy to say after eighteen years she now has some help with fundraising. Alderman Newman stated the committee has now none through all the staff comments and there Is a motion on the floor to fund at last year's level. Alderman Rainey wished in amend that motion to Include the 59.800 request for Meals at Home.. Alderman Newman asked if that amount will be taken from anywhere or if it should be added to the overall total. Alderman Newman seconded Alderman Rainey's motion and called for any discussion. Page 15. 'bY Meals At Home Committee Discussion - Alderman Rainey spoke on behalf of the Meals at Home melon and said this is an effort to provide nutrition for the people most unable to get meals on their mm. These are people W)a are horre bound and have no other way of accessing arty senior meal program or anything of that nature. This program also provides a meal on Saturdays which she thinks is so important. Many issues of the frail and home bound ha.e to do wei poor nutrition that she thinks this is a tremendously important way to spend this small amount of money. We're ahvaajs concerned about providing money for people who need this or that kind of help, who get themselves in harms sway cr danger. These are people who have served their country and their community for many, many years and s�)e Mh ks its time they get something back, which is why she wants to suppeat this and hopes the other Alderman will also want to support this. Alderman Moran commented that he read the staff analysis but ii seems as though this request, which is addressed to the City for the first time, has been driven by the cost of food and as Mr. Terry says a reluctance to pass on the entire increase to their clients. This is a very fine program that does good work and he is sure is valuable, but as Alderman Newman pointed out when agencies come to us there does seem to be a certain intractability when we take them on at certain funding levels. This is a program has operated for a long period of time on its own and he does not see arrything in the staff comments or the proposal that's compelling for us to take it on. Apparently there are other people who engage in this kind of work and as Mr. Terry has pointed out the computer shopping services, etc. Therefore, he does riot see anything here that reaches up and says to him we need to jump onto another program and sustain it or it will go out cf business. Unfortunately, knowing all the struggles we have every year, he thinks it's evident we have to sharpen our pencils. He's very happy theyre providing this service but he does not want to pay for it Alderman Newman's feeling was he would have rather paid for it by taking the S10,000 from BE -HIV because IWre so loaded. That's how he would have wanted to approach this, to whzh Alderman Rainey said she would support that. What Alderman Newman sees as part of his philosophy on this is, he wants to fund the organization that can't get the Federal and State funding as much as some of the others. For example. PEER Services, there are a lot of people that want to fund at the State and Federal level organizations that are exactly like PEER Services. Occasionally somebody who is doing something active in our community should be able to get in to receive some of our funds and the reason they can't get in is because we have no money, have this huge shortfall and don't take a look at who we're funding and say maybe this organization doesn't need as much funding. Alderman Feldman said he would support transferring the $9,000 from BE -HIV and we would still be in there symbolically. Alderman Newman called for a vote on sunportino Meals at Home. the committee voted 3-0 to sunaort. (Alderman Moran was not in favor of sunvort.) Alderman Moran commented that the staff memo says the clients of this agency generally pay the cost of their meals and asked Mr. Terry if that is correct. Mr. Terry said they pay a contribution to the meal, whether it's the full cost which we know is no longer the case given that they're expenses have gone up, he was not sure the amount paid, but they do par/ for the meal. Alderman Moran said the memo says clients pay close to the full cost of their meals and asked if this is an income issue or is there some kind of financial need established that links to the delivery of these services to the clients. as he does not see that. Mr. Terry said there are two places where one can get home delivered meals, one is the federally funded program and the other is through Meals at Home. Meals at Home has, and he thinks its fair to say a perception of having a little bit better meal, the meal comes from one of the two hospitals, it has the Saturday program, and is a more locally based program. The other program is part of a much larger countywide system even though its run out of Fleetwood Jourdain. Mr. Terry asked Alexander Brown, of EvanstonlSkokie Valley Senior Services, in terms of consumer preference, why one is chosen over the other. Mr. Brown said he did not know the reason except that a lot of the people come to their agency because they can't afford anything. The meals they can approve come through Fleetwood Jourdain. There are two different kinds of meals, the five day hot meals that came every day about 12.00, and the other is five semi frozen packed meals delivered once a week. Fleetwood Jourdain's program is donation requested and most of those people can't afford anything. Alderman Moran asked if that is Mr. Brown's program which is obviously subsidized with income guidelines, to which Mr. Brown responded, right, that is Federal money and it is bed to the Older Americans' Act. he does not know whether they've changed but up to last year it was 55 or 56 per meal. Alderman Moran wanted to return to his original question, is there any need that's established for this on an economic basis or is this just people bringing meats to people that pay for them. Mr. Terry said these are older adults who get linked to this program primarily through hospital discharge planners and other social workers in the community. He does not know the answers to if they have done any Income screen and thinks its fair to say. as the staff comments indicated, that the agency is not going through some sort of transition. To call them an agency is a stretch, they have primarily been a volunteer effort and have been asking themselves the question through last year's strategic planning process, where do they fit in the range of nutrition programs that are available. He thinks they have come to the conclusion that they do in fact fit a need for the older people in Evanston. He cannot speak exactly to their ability to afford the service, or for whom, Page 16. but the program is still something very valuable to ttesm. They %oukf like to keep gc ing heft the cost ur►creases by one of the hospitals has dramatically changed the equation. Alderman Newman remarked their proposal says :,iat :'fey gat referrals from tho POQx- C�c-%%aVxvt. i%Mtrccolitan Famihj Services, all area hospitals, nursing homes, Illinois: Department of Rohat -litatto-, and ail other ag-encies who need their services for clients. Putting that group en )eir propoczl he would assume tte a: peo a wi*Q are n need and interacting with these agencies are in need of .cent nutrition Alderman Moran sand not neces aril+} , he understands the referral process but what he sees here is an cw-garzation that delivers meals for a price, and he is mare C e. is a need for this service, but questions whether they are ttte needy, low income people. Kathy Trippi informed the committee she delivers Meals at Homes a couple times a montri through 11te W:im 's Club of Evanston. She drives the north route from St Frarc�s Hospital which is all Evanston resoents and nk-6 know what the south, east or west routes consist of. The north route is generally about 20 homes, it :s not neects tested as far as she knows. Her grandmother had Meals at Home and she knows when they called for tt-e meals tt'eny were absolutely willing to pay whatever the cost was. Clients she serves on a weekly basis range in ages and gencec s, s."- would say they are all home bound. Alderman Newman thank-e-d Ms.Tnppi for the information contnbuW Alderman Feldman commented while they have the clients pay close to the full cost of their metal ttte-y don`t pay for the employees and operating expenses to nun an office, tt'ey only employ three persons. The r+epresentatroe' from this agency was not present at this time as she left earlier when s..he thought were not any questions_ Even tflougl`, people can afford to pay for the meal they may not be able to afford gemng the meals to their house which he thinks is the drfference. Alderman Rainey recalled when she used to deliver senior meals out of Fleetwood Jourda n, which is his same program you're discussing, there was absolutely no means test You could be delivering meals to people wt-o could well afford to pay $5 or $6 a meal. This Meals At Home program has been going on for many, many years, rur) out of a person's house, all by volunteers. This year the meal price has almost doubled and came upon them very surrdenly. St. Francis gave a little and took back some of the increase but its not going to be easy for these people to continue. They don't deliver to everybody who can pay full freight and this increase was too much of a burden. The impression she gets is Meals At Home are not asking for long term funding and therefore suggests we help them over this hump, make it easj as possible for them to continue as they've always done doing their own fundraising, to see if they cari fix this problem. They might even be able to shop for another provider. Alderman Newman noted since three Human Services Committee members want to include this funding as part of the budget, and considering that Alderman Moran's questions are legitimate and also that Alderman Feidman has some questions, it is unfortunate that the person representing Meals at Home left the meeting. He recommends bringing the person from Meals at Home back before our commie prior to the January budget process to ask arse questions and try to ascertain how they deal with the issue Alderman Moran is raising whether or not these meals are ending up with people who are in need. Alderman Newman asked Alderman Moran if he would feel differently if he had ass:.rrance that a real need basis could be proven for those receiving part of this service. Alderman Moran thought we have gotten some input here from a person who has been personally involved in the program. We struggle with these very difficult issues and he would like to get as much as help, that's as constructive as possible, to the neediest people in tcw,.n. This is what he personally tries to accomplish on this the most vulnerable population. He's not questioning the need for a delivery of meals. Undoubtedly this group is made up of some very nice people who volunteer their time and Cher cars and buy the gas to deliver these meals, that's a wonderful thing to do. He applauds the people who do this, but we've heard all the comments about how hard it is for us find money for these agencies. At this point these people have not made a case to him that fits the perameters of what he sees as the broad outlines of what we're supposed to Cr here. Alderman Newman acknowledged that Alderman Moran has raised a valid point and would like to delve into it. It's a new organization, we did not ask the person questions when she was here, some legitimate points are being raised that perhaps this person could change your mind, or perhaps not. Alderman Moran said he would be happy! to listen but based on what he has heard so far a commitment will not change his mind, to which Alderman Newman said you've raised an interesting point and we can all benefit from additional information when they come back to our Def�mber meeting. Alderman Newman commented that the issue before us to end our meeting is we now have a sense of the committee that we want to add $9,000 to this group and Alderman Rainey's comments about getting them v,,er the hump, the accountability, this might just be a one time funding, these are all questions that can be asked when we bring Meals At Home back in December. The question is do we want to increase the overall budget of S645.000 E: + S9..000 or do we want to deduct this amount from another organization and get to the zero percent increase. Alderman Moran's choice on this issue, and he's not changing his choice as you tender it, would be that we add the S9,000. A1Cerman Rainey said anything would be fine with her she just wants to be cooperative and will go along to make the ma3prity. Alderman Feldman preferred to keep the total amount exactly the way it is. Alderman Newman said that would also be his preference but if we take it from anybody it we'll be and that organization and is it worth it for S9,00G Page 17. FAI" Alderman Rainey suggested asking Mr. Terry to get a letter from Meals At Horne responding to sane of the issues raised tonight. She thinks we will find that while maybe some people may or may or r.&, be able to Gay .something, the real service here is the delivery cf quality meals to homes, not an easy thing to acccrrpL-sh without voiun tiers. Alderman Newman said he is taklna Alderman Mnran's_suggestion as a motion to increase the bnrloat by $9.000 and he wal second that motion. This is an amendment, not a vote In favor that we Increase o�rr budget by S9.000 brinalno the total budoet to 5654.060, Alderman Newman called „for a show of hands of those in Ior of that concept. concept unanimccssiv accepted (4-01. Alderman Newman noted at crs point we have aiduded the Meats At Home that would be the $ .DDO increase, the portion which Alderman Moran is not voting for. The main motion was called for approval. to which we add 9 000 for a total hudAe_t of 5654.Q00. rrrC�ion s roved 3-1. (Akfsiman Moran did not vote for approval.) VII. ADJOURNEIVINT The meeting was unanimouWy adjourned at 10:45 p.m. Respectfu y submitted, Audrey Trots , Oepartmerrt o Health and Human Services W Page 18. x DRAFT - NOT APPROVED CRY COUNCIL HUMAN SERVICES COMMITTEE Monday, December 4, 2000 Civic Center - Room 2402 7:30 P.M. MEMBERS PRESENT: Aldermen Feldman, Moran, Rainey and Ne%%man STAFF PRESENT: Kathleen Brenniman, Karen Gilkerson, Corr -pander Charles Wemick, Sergeant Curt Kuempel, Officer Ed Steinhoff, Maureen Barry &II Stafford. Araae'ty Conchola, Jay Terry OTHERS PRESENT: Mayor Lorraine Morton, Alderman Bernstein, Supervisor Betty Payne, Sytvestor Hilliard, City Clerk Mary Morris, Township Assessor Sharon EckersaL Susan Cantor (Mental Health Beard), Irwin Lyons, Miller Cowper. Hollis Sett;es (Human Relations Commission), Judy Freeman (Evanston Garden Club) PRESIDING: Alderman Newman CALL TO ORDER Alderman Newman called the meeting to order and announced he was going to take items on the agenda out of order In an effort to avoid having certain members of the audience stay too long. 11. APPROVAL OF THE MINUTES OF MEETING OF NOVEMBER 6, 2000 The minutes of the November 6. 2000. meetina were unanimously anoroved f4-0I. Ill. CONSIDERATION OF CITIZEN COMPLAINTS AGAINST THE POLICE DEPARTMENT Commander Wemick reported Chief Kaminski was out of town and he would be handling arty committee questions. Alderman Newman asked if there were any committee concerns about Complairti CR-0013. Alderman Rainey asked what were the implications of a finding of sustained, to which Sergeant Kuempel replied the officer received counseling and a reprimand. Both Alderman Moran ar4 Alderman Newman were troubled by the incident described in the complaint review. Alderman Moran noted the incident itself was troubling besides the fact that the complaint was sustained. He also questioned why only one of the three officers received a finding of sustained. Alderman Newman indicated it seemed to him that the incident dramatically escalated and this incident demonstrated a need for training, as a molehill rather quickly got turned into a mountain. Commander Wemick responded there certainly is always a better way to handle a situation, sometimes they can get out of hand very quickly. He noted that the complainant admitted having consumed both alcohol and medication, but acknowledged there was a better way of doing things in this incident Alderman Newman askew the police to respond to Alderman Moran's concern that only one person had been disciplined. Sergeant Kuempel respcnded one officer had conducted himself in less than a safe manner and had put himself in harms way. Alderman Moran questioned whether the review found sufficient difference in the officer's behavior to which Sergeant Kuempel respcnded, yes, the one officer was much more reactive and did in fact make a mountain out of a molehill. Other officers tended to be more flexible and roll with the situation. Alderman Feldman sought clarification on the ruling to sustain and asked if it was the willful maltreatment, to which Sergeant Kuempel responded the breaking of the window was the significant factor. Alderman Feldman clarified there were in fact two issues, oc3e the willful maltreatment, and the second the lack of judgement placing oneself in harms way. Sergeant Kuempel confirmed that was the case. Alderman Feldman asked what steps had been taken to let the officer kngw the reasons for the complaint being sustained and was told the incident had been reviewed in a sit down conference between the officer and his supervisor. Page 1. rA Alderman Moran moved that Complaint 00.13 be accepted. motion seconded by &ftrman Navwman. The committee voted 4-0 to accept the complaint. Alderman Rainev moves! and Alderman Moran seconded that th* committee accept the Chiefs disposfflon regarding Complaint 0D-14. Motion unanimousiv accepted Alderman Rainey said she had some diff-oculty discerning what would be the motivation of the citizen in the im�ident regarding Complaint CC-15, Sergeant Kuempel responded taotri me cr;cen and his wife were fearful of retaliation. Alderman Rainey asked Sergeant Kuempel if he believed the events haficened as the citizen related. Alderman Newman related that he too, after reading and rereading the case fib, was silt haNwg ditficulty understand-,ng who was doing what to the residents. Sergeant Kuempel respcnded the investigabon was unable to determine tvt the complainant was convinced that someone In the Police Department had made the phone call and sent the The investigation could not show that someone in the department had in fact done that and the letter in question had been wntten about an incident that occurred almost a year earlier. There appeared to be no rhyme or reason for that. Alderman Rainey asked s they felt the call to the complainant was a suspect to which Sergeant Kuempel responded there would be no clear-cut reason why the complainant would make up the phone call. However, they had checked all the Police Department recorrs and no phone call had been made from the department and there had not been any complaint against the civilian employee in nine years of employment. Alderman Newman asked if the note was investigated, to which Sergeant Kuempel responded, yes. Alderman Newman asked if we agreed it was a threatening note, to which Sergeant Kuempel also responded, yes. Alderman Newman said since the name was merboned what is our theory as to what occurred he.-e. Sergeant Kuempel said at this point it would only be a guess. Alderman Newman asked if the Police Department has the ability to check if the call came from police headquarters but ackncmiedged the call could have come from anywhere. Sergeant Kuempel said the only check which was not made was a &eck of incoming calls to the complainants house. Alderman Newman felt it needed to be emphasized that someone should have the right to write a letter criticizing any appointed or elected official and he had a hard time not believing the complainant He felt the Police Chief should send a memo to department staff reaffirming a citizen's right to express criticism. Alderman Feldman thought the alleged call and the letter were connected as both involved the wife and child which he found remarkably coincidental. He questioned why someone would make the phone call which would duplicate what the letter said but it seemed to validate the connection. Sergeant Kuempel felt that using your name over the phone and putting a return address on a letter made no logical sense. The department did ask the complainant if he had a neighbor who was upset with him. Alderman Rainey felt that was the key as this whole thing smelled like a setup and someone was trying to get even. It was her hope that no employee of the City is that stupid as to send a threatening letter with their name on it. She felt the only obvious innocent party is was the accused. Alderman Rainev moved to accent the Chlers disposition of Complaint 00-15. motion seconded by Alderman Feldman. Alderman Newman indicated he did not totally share the conclusion of the other Aldermen, as it is possible that an employee did do this and it is possible it did come from within the department. The committee voted 4-0 to accent the Chiefs disposition of the complaint. IV. COMMUNICATION FROM MEALS AT HOME Alderman Newman noted that the committee had received a communicabon from Meals At Home which answered some of the committee's questicns The committee voted 4-0 to accept the communication and indicated at this time there were no further issues regard.r•g the Meals At Home funding decision. V. CONSIDERATION OF TOWNSHIP MONTHLY BILLS Alderman Feldman moved to rerommend annroval of the Township November 2000 bills. seconded by Alderman Newman. The committee voted 4-0 for approval. VI. CONSIDERATION OF TOWNSHIP ANNUAL AUDIT Alderman Rainey wanted to discuss the audit separate from the other Township financial issues. She wanted to hear from Mr. Lyons whether the responses from the Township to the remarks which the audit firm had made were satisfactory to him, particularly as it related to the question of bank reconciliations in that tne response from the Township office seemed to challenge some of the statements made by the auditor. Page 2. El Mr, iyouns responded that the management letter is negative by nature, and reading the response to the savings axotml felt, ideally, a bank reconciliation should be done every month, however, guaderfy could be fine. Alderman Rainey asked about the fifth issue cited in the letter regarding do=mentation. Mr. Lyons responded it is a question of degree, the audit firm always considers how much documentation is available in case some personnel would leave the organization, he believed the more you document the better off ycu are. Supervisor Payne remarked the Township office was considering all of the auditor's recommendations and would more to implement them if they were at all feasible. Alderman Newman moved to consider accpptance of the Annual Audit of EvanstonTownshio. motion seconded by Alderman Moran. The committee voted 4-0 to consider it. Vll. CONSIDERATION OF THE TOWNSHIP'S FINANCIAL. SITUATION Alderman Newman made reference to a memo from Bill Stafford regarding the Township budget and its financial picture. Supervisor Payne indicated she had not yet seers that memo. Alderman Ner►rnan stated there is work to be dome and noted that the community had a referendum on increasing the Township tax k%y which did not pass. He asked Supervisor Payne what her plans were for presenting a balanced budget Supervisor Payne responded that normally the Township office submits a drat; budget to the Human Services Committee by earty January and indicated she will be submitting a budget to the commit*e within the dollar framework reflecting the resources available to the Township, Alderman Newman noted we can pass a Township budget by June, tut it has to balance. Mr. Stafford was recommending that cuts needed to be made by April first Supervisor Payne responded that there will be a prellrninary budget to the committee by mid January. Alderman Feldman asked for some assurance that Supervisor Payne and Mr. Stafford were talking about the same amount of dollars being available. Mr. Stafford responded he believed his estimate of the income available to the Township was reasonable and he has gone over those figures with Superv-sor Payne where the revenue is fixed. He noted he had discussions with Supervisor Payne and she is still working on tr►e budget. His primary concern is it would be very prudent to have a final budget approved and in place by the end of February and did not see how personnel reductions in the Township could be avoided, this would allow for a one month allowance to have the balanced budget In place and hit the ground running on April first Mr. Stafford felt that the difficult financial issues facing the Township would not go away. Another significant reason he wanted this issue resolved by the start of the fiscal year was in terms of the audit and of the City's budget. The negative cash flow of the Township is a concern because the Township is considered a component unit of our financial records when the City is audited He did not believe it is a good idea to wait to approve the budget, as long as it is done this year. Mr. Hilliard noted that the Township always submits its budget to the Human Services Committee by late December or mid January and the delay in the process in getting it approved before the stan of the fiscal year is related to committee and Trustee consideration of the budget. Alderman Newman complimented Mr. Stafford on the format of his memo and said it was very clear that there is roughly a million dollars in revenue and the expenditures of that one million dollars roughly breaks out to one half for client cost and one half for program and administration. The amount of grant seems to be equal to the amount of administration which is a similar issue the City faces in its Emergency Assistance budget A,3derman Newman directed staff to include Mr. Stafford's budget memo in the packet for the next meeting. At this point the committee entered into a discussion as to when the next HLrnan Services Committee meeting should take place. After comparing calendars, committee availability, and noting that me fast Monday in January was New Year's Day and the third Monday in January was Dr. Martin Luther King's birthday, t was decided that the next meeting of the Human Services Committee shall be Tuesday, January 16, 2001. Supervisor Payne again reiterated that there would be a balanced budget to the committee prior to that meeting VIII. CONSIDERATION OF ORDINANCE 129."0, ORDINANCE 130-040 AND RESOLUTION 113-R-04 Page 3. X Alderman Newman indicated that -these three matters, the Appropriation Ordinance 129-0-00, The Annual Township Tax Levy-1 30-0-00. and Resolution 11343-W Township Loss Percentage. were all financial matters relates to the Tnwnship anticigatlnp that all three w21A4 pasR without. dissent. He was aroposing one sinrLte motion to approve all three. Alderman Moran seconded that motion and the committee voted 4-0 for approval. (The committee took a ten-minute break from 8:20 p.m. to 8:30 p.m.) IX. CONSIDERATION OF ORDINANCE 105-0-M AMENDING SECTION 9-5-3 OF THE CITY CODE PROHIBITING AGGRESSIVE PANHANDLING Alderman Newman noted that Officer Steinhoff was in tne audience and was available to give the committee his perspective on the panhandling Issue. Officer Steinhoff indoated he had been the beat officer in downtown Evanston for the last ten years and since 1992 there has been an influx of panhandlers, not necessarily homeless. He characterized these panhandlers as being out to make a buck. The first time there was some serious study of the panhandlers of the thirty-six identified only seven were homeless. He related a number of anecdotes related to panhandlers and told some stories he felt were very intimidating. He noted law enforcement often has to use creative responses to the issue, for example one panhandler touched a young woman creating a situation where he could be jailed using juvenile ordinances. He Teti that the proposed ordinance would help keep the downtown area clean and passing the ordinance would put the City an the threshold of being able to impact the problem. He also noted it was very necessary for the police department to do its part. Alderman Rainey asked if under the ordinance would a person who had been panhandled ha•ee to rite the complaint or can the police officer who observed the act be the responsible party for filing the complaint. Officer Steinhoff said what he can do is go up to the person who has been panhandled and ask what was said to hirnlhef, if he hears money was asked for and if he observes a tirade or any berating he can take action himself. Alderman Feldman noted there had to be a typo in the ordimnce under B, as the definition unde! B (1) should say 'before sunrise" rather than "before sunset". Officer Steinhoff noted that in addition to the Indianapofis ordinance, upon which this is modeled. Berkley has also been successful in setting parameters and defining areas where panhandling is in fact prohibited. Alderman Newman noted that the hours of this ordinance were very important. There is one particular very aggressive panhandler who operates around the Civic Center, which a number of City officials have encountered, who as part of his request says he just got out of the penitentiary. There is also another panhandler at the Met -a Station whose behavior is particularly offensive and threatening. Todd VanSlike, Evanston resident, commented that he has lived in Evanston since 1966 and is often downtown along Sherman Avenue. As a big guy he is not particularly easy +-o intimidate, however he has seen a number of women who are scared. It was his impression that almost unfailingt/ it is people from out of town who were harassed, and he questions whether these people ever come back to Evanston. He felt not likely. As a citizen he was tired of being embarrassed that this behavior goes on in Evanston and felt any person who has been threatened is not likely to ever come back to a community where they have been threatened. He personalty feels very sorry for the homeless, that is if they are in fact from Evanston. We as a community should do all that we can to take care of them, but he is tired of explaining to non-residents why Evanston tolerates this tf;e of behavior. Alderman Newman commented that Mr. VanSlike's feelirgs were very prevalent in his ward. There are a number of famines who are very intimidated, particularly after dark, Irf these individuals requesting funds. Alderman Moran asked Officer Steinhoff to further expand upon his knowledge of the problem Officer Steinhoff noted that the City of Evanston does have a shelter here and re knows that Chicago officers may in fact drop problematic individuals in Evanston and then those individuals may not get access to shelter leaving them on the streets of Evanston. Alderman Moran noted that most people have told us the number of panhandlers has now been reduced. Officer Steinhoff responded that now there are probably only twelve to fifteen hard core panhandlers who openly flaunt him by asking him when is your ordinance going to get passed. They know his routine and the times he come on a different shift have asked him what he is doing there after dark. He emphasized that the crew of hard care panhandlers are very knowledgeable of the ways of the City and the legal system. Alderman Moran clarified that these twelve to fifteen hard core panhandlers are in fact professional panhandlers. Officer Steinhoff's opinion, in virtually every case, is they were supporting a substance abuse problem and many of the people he has encountered have been carrying a crack pipe. His informants indicate the panhandlers generally will stop after they get fifteen dollars, which is enough to feed thus habit for the day. These individuals can also be opportunists stealing purses in places such as Barnes and Noble, or purses Page 4. left in shopping carts at the Chicago Avenue Jewel. Alderman Moran rolled in past meetings CtiF-4 Kaminsky has ind"ica'ad that he is in favor of an ordinance that includes incarceration as an apt>,an. Commander Wemick indicated that is still the Preference of the Police Department, but the department would support any ordinance tt-at was passed, their first Preference is an ordinance that has some bite to it - Alderman Newman asked Ms. Brenniman to explain the ordinance which had been drafted and modeled on the Indianapolis ordinance. She noted that the Indianapolis ordinance based on her recollection of the Law &ilietin article contained a provision whereby if you violated the Judge's order you could be jailed for contempt of court Ms. Brenninman noted she did in fact take out that provision in drafting the Evanston ordinance and clarified fcr the comme.lee that there are t-vo panhandling ordinances which had received committee consideration, Ordinance 105, the original Aggressive Panhandling Ordinance, and the new ordinance 131, which is based an the Indianapolis ordinance and her, interpretation of the Gresham lawsuit The Indianapolis ordinance is based on their Circuit Court System and her recommendation would be that the Evanston ordinance be based on the Administrative Adjudication System that had been set as brat system allows for a fine up to seven hundred dollars or community service. If the individuals who are cited blow off that process or are unresponsive to the adjudication process the City can then file a contempt warrant in the Circuit Court which will result in jailing. Ms. Brenniman noted in the Gresham case that ordinance does :xA call for jail time. She discussed the vagueness in the Courts ruling and noted that the civil standard for conviction is rften less than the criminal standard. Alderman Moran read a passage directly from the Court of Appeals Oesr.s+on and questioned wnere they would draw the line on the incarceration option. His personal feeling is while there is comenience in expedition n using the administrative adjudication option he did not think the twelve to fifteen hard core panhandlers would not care about that process and were not likely to partake in that system. He is concerned that that system will not accomplish what the Chief of Police and Commander Wemick want to see happen in terms of putting teeth into the ordinance, and he believed incarceration was necessary. He noted that In Indianapolis the Court empowered a permanent injunction then there could be a contempt citation if there was a violation of the injunction. The City has experienced problems with the Skokie Court enforcing other tough City ordinances and he expressed a concern that the contempt option would not work on Old Orchard Road, the ,fudges may not be willing to use that option available to them. He felt if mo- City was going to pass an ordinance it should be done the way the Police Department wanted with a thirty day jail option tacked on and not be done through administrative adjudication. Ms. Brenniman said she spoke to the la•oryers in Indianapolis and learned they did not go the contempt route because state law in Indiana does not permit that She indicated that whichever way the Aldermen wanted to go with that issue it was fine with her as there are pros and cons that the arguments in favor of administrative adjudication are there are no witnesses needed to come forward, there can be a fine or community service and there is a lower standard of proof. She noted that in the Circuit Court System through Skokie Courthouse there is a higher standard of proof, that you need to suppry witnesses to the act that it was beyond a reasonable doubt in every Skokie Court case me defendant can request a jury trial which would significantly increase the workload of the Law Department. Alderman Newman noted if you ask for a contempt citation in a civic trial that becomes a criminal matter and in a criminal case you can ask for a trial which might occur anyway. He felt if the City went the adjudication rctAe and the accused blow that system off, the City could aggressively pursue it and at that point the only thing you have to prove to the courts is that they did not participate in the process, you don't have to prove the original act of panhandling. He was very concerned about citizens appearing as witnesses because they are often fearful of retribution. Recently in one case which the Chief of Police had written to the Judge about a chronic violator, that individual did in fact receive swy days in jail as a result of that Ms. Brenniman responded you could also get a default judgement with penalties for not doing your community service. Alderman Moran said he understood the benefit of that but feared we wculd not realize the benefit and felt if we pass an ordinance we should do one with some teeth in it. Officer Steinhoff noted, regarding these fifteen panhandlers, Old Orchard Courthouse is alread'f sedousty overburdened and time City currently has difficulty securing jail time for persons who commit much more heinous crimes. He was hesitant to recommend adding to the burden of that system. Alderman Rainey expressed her concern about putting any kind of spe=fic location within the ordinance such as the downtown area as she felt panhandling was a problem throughout the City. People are knocking on doors of residents in her ward telling stories about babies needing diapers, or needing to take an emergency trip to Milwaukee. She felt the act of ringing a doorbell was an aggressive act and the question of whether it was in public dowr=� or at a home in her ward she wanted to stay as inclusive as possible. She indicated that she herself did not have any problem with administrative adjudication. Ms. Brenniman clarified that the ordinance be`ore the committee did not at all deal with private property it only related to acts committed on the public way. Alderman Ramey expressed concern that her residents would Page 5. not be covered by this ordinance. Officer Steinhoff sold the bast answer to that is residents shotAh put up "No Solicitations" signs and if that is violated then the police can be called. Alderman Rainey left the meeting at 9:10 p.m. Alderman Feldman felt that the attraction cf administrative adjudication was the lack of a need for witnesses and felt that individuals from out of town would not come back for a process. He had residents who wftnessed serious vimes across the street from their house and are scared to death to testify. He did ncd feet that the City would realize any successful prosecutions through a criminal court process. Alderman Newman appreciated Alderman Moran's concerns about the ordinance but would like to see rw staff follow up on the administrative adjudication process, as this is something the City could monitor to see if we are effective. He felt the ordinance was enforceable, could achieve its goals, and gives tl�e Police Department a tool to week with. Alderman Moran noted even though the population had been reduced his suspicion was that we would only have to prosecute two or three individuals and once the word got out the other teen to twelve individuals would go e�sewhere. He questioned whether the City has received any feedback from the Circui; Court regarding the administrative adjudication that has been implemented thus far and wondered whether the Circuit Court was becoming jealous of the revenue being realized. He questioned whether contempt citations may produce even less of a response from the court system. Alderman Newman said in general the court system wants as many cases out of its system as possible. Alderman Newman moved two amendments to the ordinance. one to change "sunset" to "sunrise" in the last sentence in B (I). He also moved to strike anv specific fine amourd out of the ordinance. Alderman Newman and Ms Brenniman noted that the fine amount would stay the same anyway %%i:hW the specific citation in the ordinance. The committee voted 3-0 to accept Alderman Newman's amendments. Ms. Brenniman noted there is nothing to prevent them from coming 'back if the administrative adjudication process is not working and felt the Indianapolis and Gresham court decision were good cases with goad case analysis. She noted the Threshold issue was whether people verbalized their request for funding Alderman Feldman remarked that Officer Steinhoff and Mr. VanSlike arvculated a very good case. The City has just developed a brand new downtown economic- development project, new movie theaters, restaurants, and stores designed to help pay our tax bills. He did not want to see a small number of people tear down what so many people had worked so hard to develop. He did not want any nurnber of people to go to the new theaters and never come back Mr. VanSlike said he was supportive of an ordinance with teeth, it would also help salve a long-term problem. Alderman Newman felt the committee and community have come a long way in terms of dealing with the panhandling issue, as this has been a very important ordinance. When coming home late at night you need these protections and he was hopeful that Mr. VanSlike, Officer Steinhoff, the gentleman from Unicom Caf6 who had spoken to the committee at previous committee meetings, would all go to the City Council and again help articulate this case. He informed the audience that the ordinance would be introduced at the December 18°t. Council meeting. The committee voted 3-0 for approval of Ordinance 131-0-00. X. CONSIDERATION OF SPECIAL EVENT - REQUEST TO HOLD ANNUAL GARDEN FAIR IN RAYMOND AND INDEPENDENCE PARKS IN SPRING OF 2001 Alderman Moran moved approval of the Garden Fair, the committee voted 3-0 for approval Before leaving Ms. Brenniman took the opportunity to introduce Karen Gilkerson, the Law Department's new attorney. Ms. Gilkerson will be covering the Hunan Seroces Committee for a two month period beginning January 19 a time when Ms. Brenniman will be absent due to her having surgery. in Ms. Brenniman's absence Ms. Gilkerson will be handling Health and Human Services issues and any issues pertaining to the Human Services Committee. Members of the committee welcomed Ms. Gilkerson. XI. PROGRAM REPORT FROM OUTREACH SPECIALIST Alderman Feldman asked Ms. Conchola how the work of the Outreach Specialist was going, whether she was experiencing any particular frustrations. lots_ Conchota said she is very happy the City has been open to working on a number of projects that she has proposed. She has worked with over two hundred families on a range of issues that they present, but there are an increasing number of families moving into Evanston. Page 6. Alderman Moran welcomed Ms. Conchola and indicated his regret that he has not done so sooner, He recounted the history of the creation of the Outreach Specialist and noted that tt-te issues identik,c l by Ms. Conchola in her memo reflected issues he had heard years ago at a community forum befece the position has been created. He questioned whether the 2000 census data on Latinos in Evanston �%ss avada6ke. to which Ms. Conchola re3spor-ced it was not available yet. Alderman Moran noted that the Police Department had: made a major effixt in this area Including providing Spanish classes for rank and file officers and wanted to know the stwus of that. Ms. Canchola Indicated that she was hopeful to work with the Police Department in a much closer wvay in. n, a near future. Alderman Moran said when one addresses Issues with the Spanish speaking population one always k-,ouvs a sense of isolation and alienation of inability to relate to the systems in place in the community and expressed his; gratitude for the uork Ms. Conchola was doing. Mr. Terry indicated he particularly wanted to highlight and commends Ms. Conchola for the work done on her Cultural Sensitivity Workshop relating to the Mexican American community ar-.d culture. He felt the attendance at that workshop demonstrated the people had a real desire to learn more about that culture. Alderman Newman thanked Ms. Conchola for submitting a good report and it was his hope that Evanston City government was a welcoming one to any resident who wished to have something resolved. XII. ADJOURNMENT The meeting was unanimously adjourned at 9:30 p.m. espectfully submitted, Department of Health and Human Services Page 7.