City of Highland Park City Council met Dec. 29.
Here are the minutes provided by the council:
CALL TO ORDER
At 12:00 PM, Mayor Rotering called the meeting to order and asked for a roll call:
ROLL CALL
PRESENT: Mayor Rotering, Councilmembers Tapia, Stolberg, Stone, Blumberg, Holleman, Lidawer
ABSENT: None
STAFF PRESENT: City Manager Neukirch, Police Chief Jogmen, Communications Manager Civitello, Deputy City Clerk Palbitska, Exec Assistant to the Mayor and City Manager Dotson
ALSO PRESENT: Corporation Counsel Elrod
PLEDGE OF ALLEGIANCE
BUSINESS FROM THE PUBLIC
Mayor Rotering noted that Business from the Public was an opportunity for those individuals that would like to make a comment for an item that was not on today's agenda.
City Manager Neukirch noted that the City had received numerous emails from the public in regards to the item that was on today's agenda and asked if she should proceed with reading those into the record.
Mayor Rotering stated no, that the Council will discuss the matter that is part of Scheduled Business and then City Manager Neukirch may read those emails into the record following Council discussion.
SCHEDULED BUSINESS
Administration
1. Consideration of a Motion to Extend the Date of Expiration of a Mayoral Emergency Declaration and Order to Impose Vaccination Requirements for Certain Businesses
Corporation Counsel Elrod provided information as to how the Special Meeting was called and the agenda item that is to be discussed during the meeting. He reminded the Council that the Emergency Declaration that was entered into by the Mayor is only valid for seven days but the Council has the authority to extend the Emergency Declaration time period which is the agenda item that is being discussed today. He noted that the Mayor will want to read the Emergency Declaration and then the
Council will want to discuss the Emergency Order that the Mayor would like to issue pursuant to the Emergency Declaration. He explained that the Council will discuss an approval to extend the time period to the City's second meeting in January, at
which time it will appear on the agenda for the Council to consider further extension. He asked if there were any questions about the procedure.
Mayor Rotering restated that while she is providing this Declaration of Emergency, it is her request that the Declaration be extended because it is a temporary Declaration, not a permanent change.
Councilmember Lidawer clarified that any other orders that are put in place will run concurrently in terms of the extension of the Emergency Declaration.
Mayor Rotering noted that was correct and what is simply being stated is that due to the rapid increase in cases of COVID, there is a State of Emergency being declared and from that position, the Council will proceed with discussing any other changes that may be implemented to protect the life, health and safety of the community.
Corporation Counsel Elrod noted that in any event, the direct answer to Councilmember Lidawer's question is that yes, any order that is entered pursuant to the Declaration has a term that is concurrent with the Declaration itself.
Councilmember Lidawer asked if the Council will discuss extensions now or if that can be done once monthly if there is a need for an extension or else it would expire.
Corporation Counsel Elrod noted that was correct. He explained that there are a number of different ways the extension can happen. He stated that the recommendation for today is that the extension be approved to the January 24th City Council meeting as a date certain and then on January 24th, a determination can be made if an extension should be to the next City Council meeting or another 30 days and that is up to the majority of the City Council.
Mayor Rotering read the Emergency Declaration.
Councilmember Blumberg moved to approve the extension date of the Mayoral Emergency Declaration through the January 24, 2022 City Council meeting. Councilmember Stone seconded the motion. Upon a roll call vote, the Mayor declared the motion passed unanimously.
| RESULT: ADOPTED [UNANIMOUS]
MOVER: Anthony Blumberg, Councilmember SECONDER: Kim Stone, Councilmember AYES: Mayor Rotering, Councilmembers Tapia, Stolberg, Stone, Blumberg, Holleman, Lidawer |
that would impact indoor dining but would not impact employees, carry out or other exemptions that have been listed within the order.
Corporation Counsel Elrod noted that the order as drafted does not specify indoors but rather all on premise food establishments.
Mayor Rotering stated that she believed there was a discussion about excluding outdoor dining.
Corporation Counsel Elrod noted that if the Council wished to exclude outdoor dining, that could be done as well.
Councilmember Stone stated that she read that within the order that was already drafted in reference to how many sides were open on an outside tent.
Councilmember Lidawer believed the order mentioned indoor dining as well. Corporation Counsel Elrod noted that he stood corrected, it is indoors.
Mayor Rotering noted that it was her understanding that members of the Council were interested in discussing this order as a concept.
Councilmember Blumberg noted that he was interested in proceeding with this discussion and voiced his favor in approving the order. He explained that it addresses unique circumstances with being in a confined area in which the use of the area requires the removal of a mask. He noted that the restrictions with outdoor dining based on the number of closed sides on a tent makes sense. He expressed that the order should be extended to a couple of other circumstances that are not necessarily included. He opined on those circumstances and why they should be included in the order.
Councilmember Stone noted that she agreed with the comments made by Councilmember Blumberg. She stated that she believed some of the other circumstances discussed by Councilmember Blumberg were included, like the grocery store but not specific to samples but rather the cafe type of setting. She added that in addition to the public health benefit of having the order in place, it will assist the local restaurants because with the order, there will be more individuals likely going out to restaurants if they know that the people dining near them are vaccinated and have shown proof of vaccination. She noted she was in favor of moving forward with the order.
Corporation Counsel Elrod provided the definition of the entity that would be covered by the proposed order and noted that it is broad. He noted that the hypothetical examples provided by Councilmember Blumberg would be included.
Councilmember Blumberg voiced his appreciation for the clarification and as it stands, he was comfortable with the order as drafted.
Councilmember Stone asked for clarification as to those entering the cafe and those entering the cafe who remove their masks and how the order would apply to those situations.
Corporation Counsel Elrod noted that if the area was separated, then yes, it would apply to those individuals that were removing their mask but if cafe type foods are served throughout the grocery store, it would be as soon as you walk into the grocery store.
Councilmember Holleman asked for clarification that there will not be a restriction on grocery stores. She noted that she was in favor of the order because it is an elective experience to go out to dinner but it is not to go to the grocery store.
Mayor Rotering noted that there was an agreement that there should not be a restriction on access to grocery stores and to that end, it needs to be a narrowly defined cafe section of the grocery store.
Corporation Counsel Elrod noted that the definition in the order outlines that it is a cafe within a grocery store.
Councilmember Holleman clarified that the mandate will be supported with education and information provided so it is very clear to the restaurants as to what is being required and the City is available to provide assistance because this is a burden on them.
City Manager Neukirch provided information on the support and education that will be provided to those local businesses the mandate will affect and the information that will be provided to the public.
Councilmember Lidawer clarified that for other businesses with an indoor cafe that the order would not restrict the entire business, especially with the number of car dealerships within Highland Park. She noted that the City has an obligation to do as much as they can to protect the community and the businesses. She stated that it has to also be balanced with the ability to conduct business. She noted that she was in favor of the order and that it is important to note that the order has to be extended. She stated the Mayor Rotering had previously mentioned that this would not affect employees but if the order is in place, there will be a responsibility on the restaurants to ensure that their employees are vaccinated.
City Manager Neukirch noted that Section (A)(5) discussed the requirements for all employees of food establishments.
Councilmember Lidawer stressed that if the order were to go into effect, it is possible that an employee would have to provide a negative test in order to continue working.
Mayor Rotering made it clear that there is no vaccine mandate of employees for businesses, they are simply being asked to show proof of a negative test.
Councilmember Lidawer noted that she just wants to provide a clear message that the City is attempting to make it as easy as possible. She noted that there is an adjudication process, if an issue were to get that far. She stated that it is her belief that enforcement will become strenuous on the City because Lake County is not doing what Cook County is doing when it comes to enforcement. She explained that those businesses that opted into the order, if it were optional, would receive signage and education and potentially could be less onerous on some businesses. She voiced her concern with enforcement and how it may proceed through the outlined process. She requested information as to how the enforcement will be handled as a governmental body.
City Manager Neukirch addressed the concern and question regarding enforcement.
Mayor Rotering reiterated that the City's goal is to have education and for the order to be temporary. She explained that the City is attempting to mitigate the rise in COVID cases and to help the community get back to usual.
Councilmember Stolberg reiterated that the order is not something that will be indefinite. He noted that he received a lot of communication asking about enforcement from those that are opposed and those that are not opposed to the order and clarified, as what was said previously by City Manager Neukirch, that calls are to be made to the City Manager's Office, not the Highland Park Police Department.
Corporation Counsel Elrod asked the Mayor to make a point of order. He noted that there were a number of members of the public using the chat feature on Zoom and asked for the chat function to be disabled. He explained that the City may run into issues with the Open Meetings Act and noted that the Mayor will give all members of the public an opportunity to be heard if they are attending the Zoom meeting.
Mayor Rotering stated that was correct.
Corporation Counsel Elrod noted that if members of the public wished to speak, they would be given the opportunity and to please not use the chat function.
Councilmember Stone asked if the order should be affective January 3rd instead of January 7th due to the high rate of increased number of cases, which would then be in line with Cook County and Chicago. She asked if she should continue with all of her questions or just go through them one by one.
Mayor Rotering suggested a motion and a second in regards to the order and then the Council can provide their comments or they can proceed with a term sheet approach, whichever way a majority of the Council would like to proceed.
Councilmember Stone noted that Section 7 of the drafted order stated that businesses must develop a written plan on enforcement, which may be burdensome on businesses and may not be necessary. She asked if the definition of fully
vaccinated should be updated to include the booster. She noted that she also wanted to discuss the exemption for performing artists.
City Manager Neukirch provided information as to the effective date and the reasons as to why January 7th was chosen. She voiced her appreciation for not wanting to make this burdensome on the businesses but a business is going to have to have a plan and the City will work with the businesses to ensure that the employees know exactly what they need to do as well as a policy and procedures in place for those individuals who are not vaccinated and weekly testing.
Councilmember Stone asked if the City was going to be developing resources, like a sample plan, to provide to the businesses and can be adapted for each business.
Mayor Rotering noted that it sounds like the discussion is going into private business operations which is beyond the prevue of the City.
Councilmember Blumberg agreed with the statement made by Mayor Rotering. He discussed the process of educating business owners that the City has done in the past and how that will work with this instance as well.
Councilmember Stone agreed that the written plan be stricken from the order and noted that she had two other questions previously asked that had not yet been answered; the definition of fully vaccinated and if performing artists should be an exception.
Mayor Rotering stated that they can start from the top. She asked if members of the Council were in support of the effective date being January 7th and a majority of the Council was in favor of that effective date. She asked if any member of the Council was in support of the written protocol as stated in the order and the Council was not in favor of the written protocol.
The City Council, Corporation Counsel Elrod, and City Manager Neukirch discussed the definition of fully vaccinated, the definition from the Centers for Disease Control ("CDC") and if the City's definition should include the requirement of a booster to be fully vaccinated.
Councilmember Stone noted that she withdrew that question based on the discussion. She voiced her concerns with the exemption for performers if they are unmasked and singing.
Corporation Counsel Elrod noted that this was not an issue unique to Highland Park but there were other areas within the State addressing the same concern. He explained that it is simply a policy issue as to whether Highland Park wanted to include performers or exempt them.
Councilmember Stone provided information on her own experience with a family performer.
Mayor Rotering countered that this is almost a business decision. She stated that they are reviewing a temporary rise in cases and the businesses should be allowed to ask the question in regards to vaccination requirements of the performers.
Councilmember Blumberg opined that he would be in support of including performers within the proof of vaccination guidelines or alternatively treating them as employees.
Councilmember Lidawer noted that she supports what Mayor Rotering stated regarding the businesses making the decisions regarding performers and being broad in the requirements.
Councilmember Tapia provided his point of view and noted that it will be opposite from his Council colleagues. He clearly stated that he is a strong believer in vaccinations and boosters as well as masks and social distancing. He explained that he understands the importance of the vaccination requirement for restaurants because it may achieve more positive results but it may bring more harm than good. He noted that it has been clearly stated that the vaccine and booster is not enough to reduce the spread of COVID, but they do go a long way in reducing the chance of death and illness. He asked, if the order was approved, how much mitigation it will account for; on an economic front, how much will it hurt the businesses. He noted that if the neighboring communities are not implementing a similar order, Highland Park is putting businesses at a major disadvantage in a way that will hurt the business community in the long run. He explained that there have been equity issues with the vaccine, and while the gaps are closing, a proof of vaccination requirement is not going to get those individuals in a minority community to come into Highland Park. He suggested providing more education on the benefits of the vaccine and what may come with getting the vaccine. He voiced his concern regarding the emotional health of the community and the polarization a vaccination mandate may cause that could be a detriment to the community. He voiced his concern with the burden on City staff in terms of enforcement and it not being a sustainable things for staff to continue. He noted that for those individuals that are concerned about the risk, there are options for carry out or to have food delivered but the restaurants do not have a choice if the mandate is imposed on them. He suggested that rather than having the mandate imposed on all, the businesses should be able to decide for themselves if proof of vaccination should be required.
Mayor Rotering voiced her appreciation for the thoughtfulness that went into Councilmember Tapia's concerns. She noted that there are neighboring communities across Lake Cook Road that will be putting the exact mandate in place as well as throughout Cook County. She disagreed in regards to the amount of education that has been provided as to the benefits of the vaccine and recognized that there is always an opportunity for education but there has been a lot of resources put in place in regards to the positive impact of the vaccine. She noted that she shares in Councilmember Tapia's concerns regarding the burden this may put on staff but at the beginning of the meeting it was recognized that this is a temporary response to what is considered to be an emergency to the public health. She noted that it is the goal to have this end.
Councilmember Tapia noted that by allowing the restaurants to decide, it fits the philosophy of not getting into the weeds as to how businesses operate.
Councilmember Blumberg motioned to recommend and approve the proposed supplemental order with the alterations in response to the proposals brought by Councilmember Stone: the date of commencement would be January 7th, as proposed; and the elimination of the creation of written protocols to be submitted to the City.
Corporation Counsel Elrod clarified the nature of the motion and have it be to make a motion to support the Mayor's issuance of an order along the lines as to what was read by Councilmember Blumberg.
Mayor Rotering noted that it can be done unilateral but she has asked for the feedback and support of the City Council.
Councilman Blumberg made a motion to Support the Proposed Order to Impose Vaccination Requirements for Certain Businesses with a Commencement Date of January 7, 2022 and elimination of written protocols to be created by the businesses and submitted to the City.
Councilmember Lidawer asked if there needed to be a statement made within the motion that this order would run concurrent, in terms of the expiration, with the Emergency Declaration.
Corporation Counsel Elrod noted that it is not necessary because it is clearly outlined in the Emergency Declaration that any orders issued pursuant to the Declaration, which this would be, run concurrent with the Emergency Declaration; the order has no independent authority.
Councilmember Lidawer noted that she would second the motion.
City Manager Neukirch asked if there was an interested in defining fully vaccinated, which is under (B)(2), to be as defined by CDC.
Councilmember Stoned noted that she had withdrew that previous question and suggestion because it became too complicated.
Mayor Rotering stated that if you re-read what has been drafted, there is a specific definition for fully vaccinated within the order. She asked if what has been drafted for this definition is the same as what Cook County has drafted.
Corporation Counsel Elrod stated that it is drafted the same.
Mayor Rotering stated that then puts the burden on the City as to what is fully vaccinated pursuant to the CDC. She asked if it would make more sense to go through what the Federal government has deemed to be fully vaccinated.
Councilmember Stone noted that would make more sense.
Councilmember Lidawer stated that it would be broader if the order noted that the definition of fully vaccinated was per the CDC. She noted her approval of this addition to the motion that was previously made where she was the second.
Councilmember Blumberg noted that he would agree to that amendment if there was a consensus by the Council in regards to the proposed amendment.
Mayor Rotering noted that it basically includes what has been provided within the draft order and then more. She noted that she would support that amendment as well.
Councilmember Blumberg noted that the motion would be amended to include the CDC's definition of fully vaccinated.
Councilmember Tapia recommended exempting certain sizes of restaurants or cafes from the order because there is a big difference between a fully staffed restaurant with a host/hostess that can review the proof that is being required versus a one or two person coffee shop; can there be a distinction between those types of establishments versus a more fully fledged restaurant.
Mayor Rotering noted that she would not support that type of recommendation because even if you are in a small space, you are still taking off your mask and the City is attempting to mitigate a larger issue. She provided information on her experience where this type of mandate is currently in place.
Councilmember Blumberg noted that he was in agreement with the comments made by Mayor Rotering. He noted that the order should apply to all required establishments so they can compete on an even playing field.
Councilmember Stone, Stolberg, Lidawer and Holleman were in agreement as well.
Mayor Rotering noted that there have been some amendments to the motion and asked Councilmember Blumberg to restate his motion.
Councilmember Blumberg made a motion to Support the Proposed Order to Impose Vaccination Requirements for Certain Businesses with a Commencement Date of January 7, 2022, no Requirement of Businesses to Provide a Concrete Plan of Compliance; the Order Would not Apply to Performers, it Would Apply to all Affected Businesses and Amend the Current Definition of Fully Vaccinated to be Consistent with the CDC. Councilmember Lidawer seconded the motion.
Mayor Rotering voiced her appreciation for the emails that have been received by the public and that the Council does understand there is a broad range of support and opposition. She requested that members of the public that wished to be heard adhere to the following guidelines: keep your comments to two minutes or less; staff will not be reading emails that were not specifically asked to be read into the record and the reading of the email will terminate at two minutes and the full email is introduced into the record but for purposes of getting the meeting to its conclusion,
all public comments will be kept to two minutes per person; individuals should not raise their hands twice; and individuals do not need to reiterate what has been said several times. She asked City Manager Neukirch if there were any individuals at City Hall for public comment.
City Manager Neukirch noted that City Hall is open to the public but there are no members present for the meeting.
Mayor Rotering noted that the City will have those individuals that have chosen to attend the meeting via Zoom provide their comments first and then City Manager Neukirch will read into the record those emails that have been submitted for public comment.
Joel Cahn, Highland Park resident, voiced his opposition for the proposed mandate.
Mayor Rotering thanked Mr. Cahn for his statement and it was entered into the record.
Mark Hill, Highland Park resident, voiced his support for the proposed mandate.
Steve Geffen, Highland Park Business Owner, voiced his opposition for the proposed mandate.
Mayor Rotering noted that through the conversation that has been had, there is support and concern for the businesses. She stated that the City has provided support throughout the last few years in terms of assistance with outdoor dining. She noted, based on her experience that the individual taking the order can request to see the proof of vaccination and then be done with that requirement. She stated that they recognize and appreciate the challenge and hopefully this will be short lived.
Mr. Geffen asked if proof of vaccination is requested but the individual does not want to show it, how does the business proceed.
Mayor Rotering stated that the business can then ask the individual to have their food to go and then they can be on their way.
Mr. Geffen asked what was supposed to be done if the individual became upset; was he supposed to call the Police, or who was he supposed to call.
Mayor Rotering noted that businesses had to deal with this similar instance with the mask mandate, which is in place statewide, and whatever form of enforcement is being used for that, the business would proceed in that manner.
Will Hendrick, Highland Park resident, voiced his appreciation for the City Council and City Manager. He noted that he was indifferent on the mandate and voiced how this should be handled at a state level.
Dino Dimitriou, Highland Park resident, Co-Chair of the Downtown Property Owners Association, and business owner, voiced his opposition for the proposed mandate.
Mayor Rotering thanked Mr. Dimitriou for his comments. She noted that the City was in touch with the Governor's Office as well as the Lake County Board Chair and the Lake County Health Executive Director.
Marcia Moran, Highland Park resident, voiced her opposition for the proposed mandate.
Mayor Rotering noted that she too is a parent to medically fragile child and understands the desire to smooth the field. She explained that there is an exemption for those that have received a medical exemption and presumably your daughter would be exempt from this requirement. She stated that the City is trying to mitigate the rapid rise in cases and this is a temporary effort.
Jeff Gorbina, owner of Tamales...A Mexican Joint, voiced his opposition for the proposed mandate.
Renee Kahn, Highland Park resident, voiced her support for the proposed mandate.
City Manager Neukirch noted that there were no other virtual hands raised but she would give one more invitation to those that have joined the meeting virtually.
David Katz, former Highland Park resident, voiced his opposition for the proposed mandate.
City Manager Neukirch noted that there were no more virtual hands raised. She noted that the City did receive emails from a number of residents on this subject as well as from businesses. She stated that instructions have been provided that individuals who wish to have their public comment read into the record can email the City at cityhp@cityhpil.com, all emails be limited to 200 words or less and they would be read under the public record. She informed the public that they can email a comment in excess of 200 words but only 200 words will be read into the record. She read the emails that were received from the public.
Michael Sandow, Highland Park resident, voiced his opposition of the proposed mandate.
Carl Lambrecht, Highland Park resident, voiced his opposition of the proposed mandate.
Greg Laketek, Highland Park resident, voiced his opposition for the proposed mandate.
Jovana & Nedjo Bursac, Highland Park residents, voiced their opposition for the proposed mandate.
Stephanie, Highland Park resident, voiced her opposition for the proposed mandate.
Michelle Hillgoth, visitor to Highland Park, voiced her opposition for the proposed mandate.
Emmy Cohen, Highland Park resident, voiced her opposition for the proposed mandate.
Suzanne Wahl, Highland Park resident, voiced her opposition for the proposed mandate.
William Dahms, Highland Park resident, voiced his opposition for the proposed mandate.
Councilmember Stone noted that two of the emails that have been read so far call into question the notice of the meeting and this was clarified already but asked Corporation Counsel Elrod to clarify the notice that was given for this meeting.
Corporation Counsel Elrod provided information as to the notice requirements for a Special Meeting and how the City met those requirements. He noted that for those emails that request information, those will be treated as a Freedom of Information Act request and a response will be provided accordingly.
Mayor Rotering noted that those individuals that wrote requesting to keep their comments private, the City cannot keep the correspondence private.
JD, Highland Park resident, voiced her opposition for the proposed mandate.
Bridget Venrui, Highland Park native, voiced her opposition for the proposed mandate.
Ryan Gamperl, Highland Park business owner, voiced his opposition for the proposed mandate.
Mayor Rotering noted that unfortunately there have been several deaths in Highland Park due to COVID and the mask mandate is a statewide mandate. She stated that there have been some comments made regarding information that is not true and she understands that no one likes these mandates, however the community is in the middle of a pandemic.
Elizabeth Kotlarczyk, Highland Park resident, voiced her opposition for the proposed mandate.
City Manager Neukirch noted that ends the written public comment and there are two individuals that have raised their virtual hands.
Mayor Rotering noted that the City has information from North Shore University Health System regarding the increased burden the increase in cases has put on the
health system. She explained that the mandate is not only in place to relieve the suffering of the community but also to relieve the pressure on the healthcare system.
City Manager Neukirch noted that the City has been providing information to the community from surrounding resources within Lake County. She explained that the City is in regular communication with partners at Highland Hospital who has shared that due to the number of increased cases, procedures have been modified at the hospital.
Councilmember Stone reiterated that the emails that were read into the record are not the only ones that the City received but the only ones that were read into the record were those that were sent to cityhp@cityhpil.com.
Mayor Rotering noted that all of the emails received were part of the public record.
Keith Brin, Highland Park resident, voiced his opposition of the proposed mandate based on comments made by Councilmember Tapia.
Thomas Belikey, Highland Park resident, voiced his opposition for the proposed mandate.
Councilmember Blumberg made a motion to Support the Proposed Order to Impose Vaccination Requirements for Certain Businesses with a Commencement Date of January 7, 2022, no Requirement of Businesses to Provide a Concrete Plan of Compliance; the Order Would not Apply to Performers, it Would Apply to all Affected Businesses and Amend the Current Definition of Fully Vaccinated to be Consistent with the CDC. Councilmember Lidawer seconded the motion. Upon a roll call vote, the Mayor declared the motion passed.
| RESULT: ADOPTED [6 TO 1]
MOVER: Anthony Blumberg, Councilmember SECONDER: Annette Lidawer, Councilmember AYES: Mayor Rotering, Councilmembers Stolberg, Stone, Blumberg, Holleman, Lidawer NAYS: Councilmember Tapia |
Councilmember Lidawer moved to adjourn. Councilmember Blumberg seconded the motion. On a roll call vote, Mayor Rotering declared the motion passed unanimously.
The City Council adjourned its meeting at 2:08 PM.
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