City of Highland Park Committee of the Whole met March 14.
Here are the minutes provided by the committee:
CALL TO ORDER
At 7:09 PM, Mayor Rotering called the meeting to order and asked for a roll call:
PRESENT: Mayor Rotering, Councilmembers Tapia, Stolberg, Blumberg, Holleman, Lidawer
ABSENT: Councilmember Stone
STAFF PRESENT: City Manager Neukirch, Community Development Director Fontane, Assistant City Manager Jason, Police Chief Jogmen, Assistant City Manager/Public Works Director Kanapareddy, Finance Director Logan, Fire Chief Schrage, Communications Manager Civitello, Human Resources Manager Galati, Human Resources Manager Taub, Deputy City Clerk Palbitska
ALSO PRESENT: Corporation Counsel Elrod, Deputy Corporation Counsel Passman
APPROVAL OF MINUTES
1. Approval of the Minutes of the Regular Meeting of the Committee of the Whole Held on February 14, 2022
2. Approval of the Minutes of the Regular Meeting of the Committee of the Whole Held on February 28, 2022
Councilmember Blumberg moved to approve the Minutes of the Regular Meeting of the Committee of the Whole Held on February 14, 2022 and February 28, 2022.
Councilmember Stolberg seconded the motion. Upon a roll call vote, the Mayor declared the motion passed unanimously.
| RESULT: ADOPTED [UNANIMOUS]
MOVER: Anthony Blumberg, Councilmember SECONDER: Adam Stolberg, Councilmember AYES: Mayor Rotering, Councilmembers Tapia, Stolberg, Blumberg, Holleman, Lidawer ABSENT: Councilmember Stone |
1. City Policy and Procedures for Special Events and Noise Complaints
City Manager Neukirch introduced Police Chief Jogmen and Sergeant Galati. She noted that there will be a presentation on the City's Special Event permitting process as well as how the City goes about addressing nuisance concerns, particularly noise concerns.
Sergeant Galati presented information on the City's Special Event Permit process and the City's approach to address nuisance concerns, whether or not they relate to a Special Event.
City Manager Neukirch discussed the definition of public nuisances as it is set forth in Section 95.001 of the City Code. She explained that staff has discussed this definition with it being viewed as being subjective. She noted that while there are some advantages, it does put the staff in a difficult position when they are responding to call, especially a noise concern, because what may bother one person or household may be different to another individual or household. She provided information as to how staff is currently approaching these types of calls.
Sergeant Galati agreed with the information that City Manager Neukirch discussed. He discussed how a gas leaf blower complaint is enforced based on how it is written in the Code with specific dates and times as to when they can be used but a noise complaint about music is very open ended and subjective to the individual making the call.
City Manager Neukirch explained that staff would like to affirm their approach to responding to these types of complaints and if it meets the policy directive of the Council. She noted that the Police Department will respond to noise concerns and provided information on how situations are addressed. She asked for Council feedback on the approach and definition that is in the City Code.
Councilmember Holleman discussed what the established quiet hours are within the City. She asked, if a call is made regarding noise that falls outside the established quiet hours, is an officer automatically dispatched to the location of the compliant.
Police Chief Jogmen stated that yes, an officer is sent. He explained that because the Code is written in such a way it is subjective, there are some gray areas. He provided information as to how a call is handled and responded to regarding a noise complaint outside of the established quiet hours. He noted that when the call is made, it is an officer’s duty to go and assess the situation but if an officer does not respond, it puts the City in a bad position. He stated that their goal it not to impose on a household's activities but officers should not be the arbiters as to what is too loud or not. He noted that they try to take the approach in keeping the neighbors appeased; sometimes it works and sometimes it doesn't. He explained that the officers will then go to the area where the noise is too loud and work them to adjust the noise level; the household could say no, they do not think it is too loud. He stated that if the complainant continues to believe that it is too loud, then they would have to submit a complaint for a citation to be issued and they would have to go before a hearing officer to provide burden of proof that the noise was detrimental and unreasonable. He noted that there are one of two things that happen in these situations: either the homeowner turns down the music or lessens the noise or they inform the officer that they do not believe the noise is disruptive. He stated that if there is an anonymous complaint, the officers would then just leave because there is no one to follow-up with to discuss the complaint.
Councilmember Holleman asked if a complainant can demand a citation be written even if the complaint is outside the established quiet hours.
Police Chief Jogmen stated that because of the way the ordinance is written, it is subjective and the officers cannot be the one to determine what is reasonable.
Councilmember Holleman stated that she understood it to be during the restricted hours. She asked if a citation can be written if someone complains any time during the day.
Police Chief Jogmen stated that because of the way the ordinance is written noise complaints that will disturb or break the rest, sleep or quiet of an individual can result in a citation.
Councilmember Holleman stated that the Code states that the noise has to be in the night time from 8:00 PM to 7:00 AM. She noted that she does not read the Code the way it is being presented by Chief Jogmen. She explained that if that is how the Police Department is reading it, it is something completely different from what is written in the Code.
Corporation Counsel Elrod noted that the discussion is about the quiet hours; he was not sure that there has been a situation where someone has complained during non-quiet hours and they may not have a basis during non-quiet hours to raise this provision. He explained that they may have a different type of nuisance complaint if there is loud noise taking place during non-quiet hours but they cannot rely on Section 95.001 of the City Code as it was presented in the presentation.
Police Chief Jogmen noted that there is another section of the Code that has been utilized when there have been complaints during non-quiet hours of things like band practice.
Corporation Counsel Elrod stated that it would be a more general nuisance and that Councilmember Holleman is correct, it would not be the provision that was presented by Sergeant Galati. He explained that there are other provisions that residents can rely on and there are private nuisances as well.
Councilmember Holleman stated that what she is understanding is that the Police Department is enforcing during non-quiet hours, which has had happened before at her residence. She asked if that was a good use of Police resources and why is enforcement taking place outside quiet hours. She noted that there is a misunderstanding as to what is written in the Code and what is happening on the Police Department level.
Mayor Rotering noted that Wolter's Field has been a prime example. She requested clarification in terms of how that should play out.
Corporation Counsel Elrod noted there is a specific ordinance governing the noise and times at Wolter's Field. He explained that there are different provisions of the Code and it is good that everyone is on the same page in understanding the provision that was in the presentation that would not apply outside of the quiet hours.
City Manager Neukirch noted that was the policy question and noted that staff is attempting to address noise complaints when they are called in. She stated that what she is hearing is that unless the noise is being made after the posted hours, it is not a good use of staff time to send an officer.
Councilmember Blumberg noted that he understood what Councilmember Holleman is saying and largely supports it. He stated that the ordinance that is being reviewed is specifically noted by time for noise issues but there is a more general nuisance that may be the source of the problem. He noted that when a resident calls in to make a complaint, they don't site a particular ordinance, they simply say there is a problem and they would like the Police to come out and address it. He stated that he understands that it is difficult for the Police Department and there has been some situations where it is not warranted. He explained that his perspective on this is that there has to be an ordinance in place for the abuse of this type of situation so that someone generating enough noise in the middle of the day that it becomes profoundly upsetting and difficult to deal with. He stated that nothing that is written up will be adequate to perfectly limit itself to serious problems and avoid ridiculous situations. He provided information on what he likes about the ordinances in place. He described experiences he had or his neighbors have had when a compliant was called in.
Police Chief Jogmen noted that there is the possibility that there needs to be some de-confliction within the Code based on experiences and what is being stated by those on both sides of the situation. He stated that Councilmember Holleman's point is very well taken. He pointed out where the overall issue is and provided more information on the nuisance ordinance as a whole in regards to nuisances. He noted that individuals will point out the section of the Code that supports their argument. He pointed out the specific section of the Code where he mentioned a citation can be issued and where the officers are being arbiters of the situation. He explained that there may need to be some clean up and/or review of this section of the Code; everyone is correct when making their statement but there is potentially two statements within the Code that are having to be interpreted depending on the situation. He noted that is why this topic is before the Council and feedback is being requested.
Mayor Rotering stated that a balance needs to be found. She voiced her appreciation for the Beat Coordinator meetings that were conducting where issues like this were discussed with residents.
Councilmember Lidawer discussed legislation and law along with common law and why these come into play within this discussion. She stated that it is one thing for the Council to provide direction and asked if the staff was asking if they should broaden what they are doing, if they should not do what they are doing or are they requesting more framework through ordinances. She explained that the Council understands reasonableness and that provides for the Police Department to make the determination as to when they need to step in during these types of situations.
Police Chief Jogmen stated that the way the ordinance is currently written, staff has been set up to fail; there is too much contradiction. He noted that the test of reasonableness can be maintained within the Code but he is not advocating for the officers to be equipped with sound meters because that comes with its own issues. He stated that the reasonable test is good but the issue right now is the contradiction with in the Code; it needs to be cleaned up and then reevaluated.
Councilmember Tapia asked what the volume of complaints has been. Police Chief Jogmen noted that there has not been many.
Sergeant Galati stated that the complaints pick up during the summer time and on average there are 20-30 noise complaints a month.
Councilmember Tapia noted that was meaningful. He explained that having the Beat Coordinators is good because they get to know the neighborhood and asked how effective that role may be with addressing these types of situations; is the Beat Coordinator providing some coverage for these types of situations. He noted that he was not putting the clean up the Code out of view but wanted to understand the role of the Beat Coordinator.
Police Chief Jogmen stated they were providing coverage but that is not going to work with every situation; it has been helpful when there has been sustained issues regarding neighbor disputes including noise complaints. He explained that the issue that the officers are faced with is how the Code is written.
Councilmember Tapia followed up by asking, if the 20-30 citations a month were dimensionalized, how many end up being situations where the officer is unsure as to what should be done; how big is that problem.
Police Chief Jogmen voiced his appreciation for the officers and their de-escalation skills and ability to problem solve with the neighbors because a vast majority of the situations are handled but there are instances where not everyone ends up happy.
Councilmember Holleman voiced her appreciation for what has been discussed. She noted that what tends to be the issue is when officers are showing up with the lights on and making the situation seem like it was escalated more than what it needed to be. She stated that it is within people's rights to play music but it seems to be taken to another level in routine cases and routine matters. She noted that these types of complaints can and have been used as a weapon. She explained that based on the volume of the instances, it is warranted to have further clarification as to how these situations should be handled.
Mayor Rotering noted that the balance needs to be figured out first. She stated that a benefit with working alongside Corporation Counsel is how they work with so many other municipalities and can provide information as to how other municipalities are handling these types of issues.
Councilmember Stolberg agreed with the comments that were made by Councilmember Holleman. He noted that he has not had a negative experience when a noise complaint has been called for his house. He stated that on a few occasions it was an anonymous call and the officers did indicate that they had to respond. He asked if there was a liability in assessing that type of call at the dispatch level rather than sending a trained officer to assess the situation. He agreed that balance needs to be figured out. He voiced his appreciation for the Police Department's ability to de-escalate situations.
Police Chief Jogmen stated that he has had conversations with the City's dispatch provider and it has been stated that they are extremely uncomfortable with adjudicating calls at the phone level and not sending an officer; they are not from the community, they are contracted out and based on past conversations, an officer is always sent. He explained that this has been the consistent approach because there is fear that if an officer does not go, the situation may end up being worse. He requested anyone in the community to call and let them know if a situation like this is responded to with lights and sirens because that is not part of the standard procedures for these types of calls. He explained that sometimes what happens is that the message gets lost in translation and it all depends on what the complainant says when they call in; officers are reacting based on the information that is provided to the dispatcher. He noted that staff is open to changes to the Code or changes to how these situations are approached.
Councilmember Tapia provided comments based on concerns regarding escalated responses.
Police Chief Jogmen noted that the message has been received regarding how these types of calls should be responded to in relation to the number of cars and lights flashing.
Councilmember Blumberg voiced his appreciation that this topic was brought forward and there has been a discussion regarding it. He noted that requesting assistance from Corporation Counsel to understand what other municipalities are doing will be very helpful.
Councilmember Lidawer voiced her appreciation for the review of how other municipalities are handling these types of situations. She requested to have a consensus from the Council to see if the officers should or should not be responding.
Mayor Rotering noted this was a policy conversation and she did not get the sense that the Police are asking for direction in terms of when they should or shouldn't go out. She stated that what she heard is that they will go out but there needs to be clarification as to what the law says is construed as a nuisance that is actionable. She stated that this topic has been discussed at several meetings previously but understanding the different scenarios where this is involved has not happened before.
CLOSED SESSION
Councilmember Blumberg moved the Committee close its meeting to the public, pursuant to the following cited sections of the Illinois Open Meetings Act (5 ILCS 120/2(c)), for the purposes of (i) approval of closed session minutes (5 ILCS 120/2(c)(21)); (ii) probable or imminent litigation (5 ILCS 120/2(c)(11)); and (iii) collective bargaining (5 ILCS 120/2(c)(2)). Councilmember Stolberg seconded the motion. Upon a roll call vote, the Mayor declared the motion passed unanimously.
At 7:55 PM, the Committee recessed the public portion of the meeting to meet in Closed Session. At 9:10 PM, the Mayor reconvened the open session of the Committee of the Whole Meeting. Members Present: Mayor Rotering
Members Absent: Councilmembers Tapia, Stolberg, Stone, Blumberg, Holleman, Lidawer City Staff Present: Assistant City Manager Jason, Communications Manager Civitello
ADJOURNMENT
The Committee provided the Mayor the authority to adjourn the meeting. The Mayor declared the meeting adjourned at 9:10 PM.
http://highlandparkil.iqm2.com/Citizens/FileOpen.aspx?Type=12&ID=2656&Inline=True
Alerts Sign-up