Kane County Board Met May 4.
Here are the minutes provided by the board:
1. CALL TO ORDER
The Adjourned Meeting of the Kane County Board was held at the Kane County Government Center, 719 S. Batavia Ave., Bldg. A, Geneva, IL 60134 .
Chairman Pierog called the meeting to order at 3:00 PM.
2. ROLL CALL
| Attendee Name | Organization | Title | Status | Arrived |
| Corinne M. Pierog | Kane County | Chairman | Present | |
| Deborah Allan | Kane County | Board Member | Remote | |
| Mavis Bates | Kane County | Board Member | Remote | |
| Dale Berman | Kane County | Board Member | Present | |
| David Brown | Kane County | Board Member | Remote | |
| Mark Davoust | Kane County | Board Member | Absent | |
| Ron Ford | Kane County | Board Member | Remote | |
| Drew Frasz | Kane County | Board Member | Present | |
| Michelle Gumz | Kane County | Board Member | Present | |
| Mo Iqbal | Kane County | Board Member | Absent | |
| Michael Kenyon | Kane County | Board Member | Present | |
| Chris Kious | Kane County | Board Member | Remote | |
| Tom Koppie | Kane County | Board Member | Remote | |
| Bill Lenert | Kane County | Board Member | Present | |
| Anita Lewis | Kane County | Board Member | Present | |
| John Martin | Kane County | Board Member | Present | |
| Myrna Molina | Kane County | Board Member | Remote | |
| Jarett Sanchez | Kane County | Board Member | Remote | |
| Kenneth C. Shepro | Kane County | Board Member | Present | |
| Monica Silva | Kane County | Board Member | Remote | |
| Cherryl Strathmann | Kane County | Board Member | Remote | |
| Clifford Surges | Kane County | Board Member | Present | |
| Vern Tepe | Kane County | Board Member | Present | |
| Barbara Wojnicki | Kane County | Board Member | Present |
3. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Ms. Lynne Ellberg from Animal Control. Madam Chair announced that Ms. Ellberg has been with Kane County for 47 years and was retiring this Friday. Some fun details of her professional and personal life were shared.
4. APPROVAL OF MINUTES OF THE APRIL 21, 2021 SPECIAL COUNTY BOARD MEETING 1. Approval of April 21, 2021 Special COB Minutes
| RESULT: APPROVED BY ROLL CALL [UNANIMOUS]
MOVER: Drew Frasz, Board Member SECONDER: Kenneth C. Shepro, Board Member AYES: Deborah Allan, Mavis Bates, Dale Berman, David Brown, Ron Ford, Drew Frasz, Michelle Gumz, Michael Kenyon, Chris Kious, Tom Koppie, Bill Lenert, Anita Lewis, John Martin, Myrna Molina, Jarett Sanchez, Kenneth C. Shepro, Monica Silva, Cherryl Strathmann, Clifford Surges, Vern Tepe, Barbara Wojnicki ABSENT: Mark Davoust, Mo Iqbal |
None.
6. NEW AND UNFINISHED BUSINESS
A. PRESENTATIONS/DISCUSSION
Madam Chair Comments
Madam Chair reported the Reapportionment Task Force recommended (with two dissenting votes) to keep the current County Board as 24 members . The task force supported representation of the incorporated and unincorporated districts, and supported the consideration of diversity perspective. Having a larger district would increase a candidate's expense for running. Issues addressed at the recent task force meeting also included support of transportation, climate change, land waste, extra demand for electricity and managing unincorporated developments. Concerns were expressed about growth, population changes, and the function of committees versus the forest preserve district. The task force expressed their interest in managing divergent work, life and work experience of a larger board, and had concerns about a larger district increasing additional costs in politics. If a smaller board was formed, the task force voiced concerns about governmental efficiency. Having 24 members, the task force agreed that government maintains its sense of strong efficiency in cost and work. Lastly, the task force recommended having single district representation to ensure that all constituents were heard.
Ord. #21 - 230 Determining Size And Method Of Election Of County Board Members To Be Elected As Part Of The County's Reapportionment Plan Following the 2020 Federal Census
It was brought to the Chairwoman’s attention that there was one dissenting vote by the task force and one advisory member who did not support 24 members, but wanted it reduced. Member Frasz indicated while he supported the task force’s decision, he was a dissenting advisory vote and explained why he wanted to reduce the board slowly, believing that by the time the county reached the 800,000 population, it would have an 18-member board. However, he supported the task force’s recommendation. Members Kenyon, Martin and Shepro also voiced their support and reasons for keeping the board at 24 members.
| RESULT: ADOPTED BY ROLL CALL VOTE [19 TO 1]
MOVER: Dale Berman, Board Member SECONDER: Bill Lenert, Board Member AYES: Deborah Allan, Mavis Bates, Dale Berman, David Brown, Ron Ford, Michelle Gumz, Michael Kenyon, Chris Kious, Tom Koppie, Bill Lenert, Anita Lewis, John Martin, Jarett Sanchez, Kenneth C. Shepro, Monica Silva, Cherryl Strathmann, Clifford Surges, Vern Tepe, Barbara Wojnicki NAYS: Drew Frasz ABSENT: Mark Davoust, Mo Iqbal AWAY: Myrna Molina |
State's Attorney Mosser explained to the board on how she and her staff wanted to address the issue of reapportionment from a legal perspective. As a result and considering the specialty involved, the hiring of a consultant, Mr. Phil Luetkehans, would make the process fair and best represent the County.
Mr. Phil Luetkehans discussed his involvement in redistricting for about 30 years at the municipal, state, and federal levels. (Mosser leaves.) He presented a PowerPoint presentation on redistricting, reviewing the four statutory guidelines. Details of each guideline followed. Reviewing traditional redistricting principles, Mr. Luetkehans explained that one of his recommendations will be for the board to keep the core of its prior districts and not start over again, as well as avoid the pairing of incumbents (a decision the board will have to make). An example of pairing followed. Asked if there was a statute requirement for a county board member to live in a particular district or locate to a district within a certain timeframe. Mr. Luetkehans explained that if a current board member was residing in one district and the map line was redrawn, they would have to run in the district that they were drawn into or relocate.
Population estimates then followed with Mr. Luetkehans explaining the most current population estimate was from the 2019 Census Bureau (532,403), and confirmed by the American Community Survey (ACS). However, he believed the 5-year ACS estimated population for the county, at 531,376, was a good estimate number because the number was consistent. An explanation followed. Mr. Luetkehans relayed that the county’s redraw target -- using the ACS numbers -- would be the mid-point of 22,162. Mr. Luetkehans also raised the point that the 2020 decennial census data was not out yet and proceeded to review what data information was available to the county, i.e., the ACS 5-year estimates, public law data, legacy data, etc.
Mr. Luetkehans explained that, statutorily, if the maps are not drawn by July 1st, the County will have a county apportionment committee to draw/file a map by October 1, 2021. A list of various data options were reviewed. Mr. Luetkehans, again, explained that the 5-year 2019 ACS data -- a rolling average -- was a very good estimate to use, noting the purpose of this data was to determine the demographics (age, socio-economic, racial demographics) of a population, and not the population number. He emphasized the board’s goal was to get the best possible population numbers and minority numbers (at the block level); however, he pointed out some of the risks: sampling error, organizations opposing the ACS data, case law, and the financial risk of lawsuits and attorneys fees.
As far as the board’s options, Mr. Luetkehans, explained the board could ask the legislature to extend the time for filing the map (by May 31, 2021) but he was not aware of any active bill going forward. Or, he said, the board could seek relief from the courts, such as Oregon and California. Concerns for extending the map deadline followed: district confusion for candidates running, election urgency, possible lawsuit against board members, others or the Clerk. Member Shepro emphasized the need to have a comprehensive extension of not only the map deadline, but also the circulation of candidate petitions, etc. (Mr. Luetkehans stressed that legislature is not going to move the primary election date.) However, Mr. Luetkehans explained the board had a better chance of success if it limited its relief to extend the map deadline, give relief on candidate signatures (obtain signatures in both districts if necessary), and have the Clerk and County Board sign off on that.
Regarding the use of the ACS data, should the county gets sued, Mr. Luetkehans explained two reliefs could be requested: ask the court to draw the map or have the plaintiff present its own map to be approved, or send the map back to the board to redraw. The downside, he explained, was the board was still redrawing in September and having the same issues. Should the board proceed the court route, Mr. Luetkehans suggested to file before May 31st. Mr. Luetkehans explained various outcomes but recommended the board use the ACS data as best as it could to protect itself and once the new data came out, the new numbers could be inserted into the map. And, if the court did not allow the board to use the ACS data, and the county had to wait, in its defense, the board took the appropriate steps. Further discussion followed. Mr. Luetkehans suggested drawing the map starting with the Section 2 districts, i.e., draw northeast and then southeast, and go from there.
Madam Chair asked for board consensus to use the American Community Survey data for the 2015-2019 5-year estimate. However, Shepro voiced that he would support the data only if it was the only available alternative and that it would be for the purpose of preliminary work only and was not the final figures. Many members were in support of using the ACS data. Member Martin suggested discussing the lawsuit and then propose a consensus at the end of the discussion.
Motion by Member Shepro to table the consensus until the discussion of the lawsuit was completed. Second by Member Berman. Roll call:
Aye: Allan, Bates, Berman, Brown, Ford, Frasz, Gumz, Kenyon, Koppie, Lenert, Lewis, Martin, Molina, Sanchez, Shepro, Silva, Strathmann, Surges, Wojnicki
Nay: Kious, Tepe
Motion to table the consensus passed. Vote: 19-2
Mr. Luetkehans recommended the board seek an extension of the deadline for the filing of the map until October 1, 2021, ask for relief from the court, and ask the court for relief that candidates be able to run in their prior district and in the new district to avoid disenfranchising the candidate. If the board is going to file a lawsuit, he explained notification would have to be sent to the attorney general regarding modification of a statute. Notice would also go to the remapping commission, heads of both political parties, and all other appropriate parties.
Motion by Member Surges, second by Member Gumz that the County Board seek an extension from the Circuit Court to file a map by October 1, 2021 (lawsuit). Discussion followed.
Motion by Member Shepro to postpone the draft lawsuit (see Mr. Surges’s motion above) and that the Board consider a proposed draft complaint at its next regularly scheduled meeting. Second by Member Koppie. Roll call:
Aye: Allan, Bates, Brown, Ford, Frasz, Gumz, Kenyon, Koppie, Lenert, Lewis, Martin, Molina, Sanchez, Shepro, Silva, Strathmann, Surges, Tepe, Wojnicki
Nay: Berman, Kious
Motion to postpone draft lawsuit passed. Vote: 19-2
Questions were raised by Koppie on whether other counties were pursuing lawsuits and if the county could join in as a class action suit. Mr. Luetkehans was not aware of any and pointed out the logistical issues. After much dialog Mr. Luekenhans confirmed he would have a draft complaint for the board to review at its next board meeting. (Tepe away at 5:01 p.m.; returns at 5:04 p.m.)
Madam Chair asked for Board consensus to use the American Community Survey data for the 2015-2019 5-year estimate with the understanding that the data was not from the U.S. Census Bureau.
Member Shepro moved to postpone further consideration of the use of ACS data until the next full board meeting on May 11, 2021 so that it may be considered in conjunction with the proposed complaint/lawsuit. Second by Member Koppie.
Madam Chair proceeded to speak about the task force’s loss of one week’s worth of work. However, Shepro and Koppie mentioned that the task force meeting was cancelled and not rescheduled. In addition, the work was already being done using such data. Given that information, members shared their support to not consider postponement. (Surges steps away 5:06 p.m.; returns 5:08 p.m.)
Member Shepro withdrew this motion. Member Koppie withdrew his second.
Board consensus was received that the 2015-2019 5-year ACS estimated data be used for the remapping. Members Koppie and Shepro would not support the consensus.
Res. #21 – 231 Authorizing Fiscal Year 2021 Budget Adjustment to Provide Funding for Town Hall Meetings relating to Redistricting
Member Lenert confirmed that the resolution stipulated the amount for each meeting was a not- to-exceed amount of $5000. Madam Chair clarified that there will be up to five community meetings to be held throughout various areas of the County, including the northeast, southeast, Midwest, mid-Tri-city and Aurora. Member Koppie suggested holding a community meeting at Del Webb in Huntley. Shepro stated the Reapportionment Committee did not discuss the town hall meetings and proceeded to ask what questions would be asked at the meetings and whether the resolution went before the Finance Committee. Finance Chair Berman confirmed the resolution already went before the Finance Committee.
Member Allan amended the resolution’s title by deleting the words “Reapportionment Committee” and to insert in its place, “Town Hall Meetings relating to Redistricting” and that the second paragraph state that the “County Board to hold at least four (4) town hall meetings”. Second by Member Shepro. Roll call on the amendment:
Aye: Allan, Bates, Berman, Brown, Ford, Frasz, Gumz, Kenyon, Kious, Koppie, Lenert, Lewis, Martin, Molina, Shepro, Silva, Strathmann, Surges, Tepe, Wojnicki
Nay: None
Away: Sanchez
Motion passed on the amendment. Vote: 20-0
The roll was called on the original motion with amendments:
| RESULT: ADOPTED AS AMENDED [19 TO 0]
MOVER: Dale Berman, Board Member SECONDER: Mavis Bates, Kenneth C. Shepro AYES: Deborah Allan, Mavis Bates, Dale Berman, David Brown, Ron Ford, Drew Frasz, Michelle Gumz, Michael Kenyon, Chris Kious, Tom Koppie, Bill Lenert, Anita Lewis, John Martin, Myrna Molina, Monica Silva, Cherryl Strathmann, Clifford Surges, Vern Tepe, Barbara Wojnicki ABSENT: Mark Davoust, Mo Iqbal PRESENT: Kenneth C. Shepro AWAY: Jarett Sanchez |
See above discussion.
7. EXECUTIVE SESSION (if needed) None.
Return to Open Session
This meeting was adjourned at 5:30 PM.
http://kanecountyil.iqm2.com/Citizens/FileOpen.aspx?Type=12&ID=2965&Inline=True
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