City Council

MINUTES CITY OF DEKALB REGULAR CITY COUNCIL MEETING SEPTEMBER 27, 2021 The City Council of DeKalb, Illinois held a Regular meeting on September 27, 2021, in the Yusunas Meeting Room of the DeKalb Public Library, 309 Oak Street, DeKalb, Illinois. A. CALL TO ORDER AND ROLL CALL Mayor Barnes called the meeting to order at 6:00 p.m. City Clerk Sasha Cohen called the roll, and the following members of City Council were present: Alderman Carolyn Morris, Alderman Barb Larson, Alderman Tracy Smith, Alderman Greg Perkins, Alderman Mike Verbic, Alderman Tony Faivre, and Mayor Cohen Barnes. Alderman Scott McAdams was absent. Others in attendance were: City Manager Bill Nicklas, City Attorney Matt Rose, and City Engineer Zac Gill. B. PLEDGE OF ALLEGIANCE Mayor Barnes asked Fire Chief Jeff McMaster to lead the Pledge of Allegiance. C. APPROVAL OF THE AGENDA MOTION: Alderman Verbic moved to approve the agenda; seconded by Alderman Smith. MOTION: Alderman Larson moved to amend the agenda by moving section K. Ordinances – Second Reading to just before section I. Resolutions; seconded by Alderman Perkins. VOTE: Motion carried by a 7-0-1 roll call vote. Aye: Morris, Larson, Smith, Perkins, Verbic, Faivre, Barnes. Nay: None. Absent: McAdams. Mayor Barnes declared the motion passed. D. PUBLIC PARTICIPATION Rod Moyer spoke to an incident in 2019 at Northern Illinois University (NIU) when he was accused of being an active shooter by one of the faculty and how his life has been affected since then. E. PRESENTATIONS 1. Proclamation: Fire Prevention Week, October 3 – 9, 2021. Mayor Barnes read the proclamation in its entirety. 2. Presentation of a Donation in the Amount of $15,148 from the DeKalb Rotary Club to be Used Towards the Exterior Restoration of the Soldiers and Sailors Memorial Clock at the Northeast Corner of First Street and Lincoln Highway. Mayor Barnes read the item by title only and welcomed a representative of the DeKalb Rotary Club who provided an update on the restoration of the Memorial Clock and presented the City with the check to assist with that restoration. Regular Meeting Minutes September 27, 2021 Page 2 of 8 F. APPOINTMENTS There were none. G. CONSENT AGENDA MOTION: Alderman Morris moved to approve the Consent Agenda; seconded by Alderman Faivre. Mayor Barnes read the following Consent Agenda items in their entirety: 1. Accounts Payable and Payroll through September 27, 2021, in the Amount of $2,979,543.79. 2. Investment and Bank Balance Summary through July 2021. 3. Year-to-Date Revenues and Expenditures through July 2021. 4. Freedom of Information Act (FOIA) Report – August 2021. VOTE: Motion carried by a 7-0-1 roll call vote. Aye: Morris, Larson, Smith, Perkins, Verbic, Faivre, Barnes. Nay: None. Absent: McAdams. Mayor Barnes declared the motion passed. H. PUBLIC HEARINGS There were none. I. CONSIDERATIONS There was none. K. ORDINANCES – SECOND READING 1. Ordinance 2021-040 Amending the City of DeKalb Municipal Code by Adding a New Chapter 46, “Citizen Police Review Board.” Mayor Barnes read the ordinance by title only. MOTION: Alderman Faivre moved to approve the ordinance on second reading; seconded by Alderman Perkins. Noting the importance of repairing trust between the citizens of DeKalb and the DeKalb Police Department, Andrew Tillotron made an appeal to Council to continue working on this ordinance in the areas of ensuring there will be ways for the community to hold police officers accountable for their actions and allowing anonymity when someone comes forward with complaints of sensitive issues. Robyn Byrd stated she is a victim of sexual assault and added her issue with the ordinance as written is the lack of anonymity for victims, adding it may hamper them coming forward with information regarding their assault. A participant wishing to remain anonymous spoke to her harassment by a police officer in her hometown 16 years ago. She stated she doesn’t believe that those with complaints such as hers should have to be made publicly.  Regular Meeting Minutes September 27, 2021 Page 3 of 8 Speaking as a public participant, Sasha Cohen stated the idea of forcing victims to speak publicly about their experience would discourage them to come forward and make it harder for them to get justice. He then spoke to his sexual assault as a teenager. Frankie DiCiaccio told Council to do the right thing, stating they’re part way there and to keep going. Malena Graddy provided brief information regarding a study where it was found that a police officer is accused of sexual misconduct every five minutes in the United States and according to the U.S. Department of Justice, 63% of sexual assaults don’t go reported at all. She further stated that if she was sexually assaulted by a police officer of DeKalb her only recourse, according to the proposed ordinance, would require her to make her complaint at the police department, which she believes is ineffectual and unfair. She stated the police officers of DeKalb are public servants and asked Council why the reputation of the police is being put over the safety of the citizens. Herb Rubin read a statement to Council that spoke of his support of the ordinance as written, as well as the support of a group he belongs to called Praying with Our Feet. He then expressed his concern that a representative of the Fraternal Order of Police (FOP) has come forward and voiced concerns regarding the ordinance. He noted that a careful review of the proposed ordinance should reassure the FOP that the ordinance meticulously balances the concerns of residents and the police, and complies with existing laws, contracts, and understandings. He advocated that Council stay the course and pass the ordinance as written at this meeting. However, if clarifying the content with the FOP requires the decision be delayed, he feels it’s imperative that Council vote for the approval of the ordinance at their next meeting. Earnell Brown spoke to the proposed ordinance stating the primary purpose of it is to rebuild trust between the police department and the community and if it doesn’t do that then there’s no point in passing it. City Manager Nicklas stated when the topic of accountability of police officers was raised, the City was quick to act on a number of procedural matters to upgrade standard operating procedures with the police department. There was a lot of discussion involved and the model took many forms before being presented to the community and Council, including during Police Chief interviews. One of the important changes was that the board would have an opportunity to weigh in knowing all the facts, have access to all the information, and the ability to make a recommendation to the Police Chief before he made a recommendation concerning discipline that may be the focus of the particular complaint. Continuing, City Manager Nicklas stated that the one thing that concerns him is that anyone who reads the ordinance would think that a victim would not be held anonymous, and their experience would not remain confidential. However, the ordinance also states to the extent allowed by law, the board shall keep confidential the complainants identity, which includes dates of birth, race, graphic photographs, the victim’s name, and other identifying information. He further noted there’s nothing we could do about someone voluntarily providing their information. City Manager Nicklas suggested to Council that this item be held over to the next Council meeting to allow for those who have yet to weigh in to have their concerns addressed. Alderman Faivre stated he knows that Police Chief Byrd desires to have a police force that is identified by the character of every officer. Further, he would hope that if someone filed a complaint with one of the City’s police officer’s that officer would do their duty by taking the complaint and having it reviewed and investigated to the complainant’s satisfaction. He encouraged anyone who felt they couldn’t go to the police department with a complaint to reach Regular Meeting Minutes September 27, 2021 Page 4 of 8 out to their alderman or any other member on Council. He concluded his comments by stating point of the board is that we’re going to get better as a community and not hide anything. Alderman Morris asked City Manager Nicklas, as per his reading of the law and municipal code, it seems to be clear that no complainant would ever need to share their name when they had to make a statement accusing an officer. City Manager Nicklas stated this board will not replace the court system. It’s set up to address policy violations, but in order to demonstrate the policy violation, the victim would have to provide information. If the victim requests that the information not be public, then that board has to abide by that. If the board were to meet in closed session to hear someone’s testimony and a board member violated that trust and released identifying information, then they are culpable and can be prosecuted under the full extent of the law. Alderman Morris asked for clarification about closed session. City Manager Nicklas replied that if the complainant wanted to talk to the board, then they would do that in closed session. Discussion ensued between Alderman Morris and City Manager Nicklas regarding the process of making a complaint against a police officer, how that matter would get to the board, and what identifying information would be included on the complaint. At this point in the meeting there were out of order comments from the audience and the City Clerk. Mayor Barnes called for point of order, stating it was Council’s turn to discuss the topic at hand. Discussion ensued regarding the paths a person can follow to file a complaint. City Attorney Rose stated the ordinance as currently drafted state’s the complainants name will be in the complaint received by the board. That name will be identified but it will not be publicly disclosed. If the complainant wanted to present evidence or testimony of a policy violation such as sexual misconduct by a police officer, that could be done in closed session at the victim’s request. If there was public record, such as a decision on whether or not there was a policy violation, that complainant’s name would be redacted. Alderman Larson stated she believes this board was created to ensure that anything done by the City’s police force is done according to the law and that they’re treating everyone ethically. However, if a victim isn’t comfortable making their complaint to the police department, there are other avenues and advocates that can assist and help them tell their story. Mayor Barnes stated we’re all in agreement to table this item to a future council member. More information to be collected. Alderman Perkins asked how someone can maintain their anonymity when it’s not even done in a court of law. He’s sensitive to those who have come forward, but what do we want out of this. City Manager Nicklas replied that the board won’t be like court and provided an example of the process. Alderman Morris stated as she understands it, the way the way it’s designed currently per the ordinance and the underlying law, a victim could write their complaint and it could be anonymous to the public, but their name would be included when they make that complaint. City Manager Nicklas replied not necessarily. Alderman Morris stated it sounds like you suggested a couple of alternative ways the complaint could be made without a name and that would be through a Council member. Perhaps in the  Regular Meeting Minutes September 27, 2021 Page 5 of 8 ordinance it would be a good idea to flesh that out a bit to make clearer exactly how that could be done so that people can consider those as options if they may not have previously. City Attorney Rose stated if the board is approved, a web page will be created on the City’s website that will provide information on making a complaint. The ordinance as it’s currently drafted states the person making the complaint has to state their name for the complaint. The name on the complaint will be kept anonymous from the public pursuant to the Illinois Freedom of Information Act, as well as the Open Meetings Act. To the extent that we can keep the complainant’s name anonymous, we will do so. Alderman Morris asked if there’s a reason that we can’t make those complaints anonymous or give an option to give an anonymous complaint. City Manager Nicklas replied that if citizens are being allowed to question the character and/or actions of any sworn police officer then it’s important that there be equity on both sides. Mayor Barnes said in no way is this final. This is our first go at it and we can continue to revise this and improve upon it as we learn as we go along. City Manager Nicklas stated the FOP shouldn’t be looked upon critically for wanting to weigh in on this item because it’s their job is to protect its members. MOTION: Alderman Faivre moved to table this item to a future Council meeting so the ordinance can be reviewed and refined; seconded by Alderman Morris. VOTE: Motion carried by a 7-0-1 roll call vote. Aye: Morris, Larson, Smith, Perkins, Verbic, Faivre, Barnes. Nay: None. Absent: McAdams. Mayor Barnes declared the motion passed. In conclusion of this item’s discussion, Mayor Barnes stated that anyone with further comments can reach out to him or any other Council member. NOTE: At this point in the meeting there were comments from the audience that were inaudible on the video recording. This writer believes the comments were from one of the public participants wishing to keep her name anonymous. Mayor Barnes explained that these proceedings were being streamed live. Brief discussion ensued. City Attorney Rose stated that the actual minutes do not have to reflect the person’s name. Mayor Barnes requested that the City Clerk keep the participants name out of this meeting’s minutes. J. RESOLUTIONS 1. Resolution 2021-086 Authorizing the Purchase of Four Police Interceptor Vehicles through Morrow Brothers Ford for the DeKalb Police Department in an Amount Not to Exceed $150,000. Mayor Barnes read the resolution by title only. MOTION: Alderman Verbic moved to approve the resolution; seconded by Alderman Smith. City Manager Nicklas provided an overview of this item based on the information provided in the agenda packet, stating this resolution authorizes the purchase of four interceptor vehicles for the Police Department using financing from the Tax-Exempt Leasing Corporation. The not to exceed amount is requested in the event of unforeseen delays in manufacture and delivery. Approval by Council was recommended. Regular Meeting Minutes September 27, 2021 Page 6 of 8 Alderman Smith asked how much more maintenance would be incurred. City Manager Nicklas stated there’s a delay, which could be up to eight months. However, there may be a faster through this company – maybe 90 days. The City is taking steps to accelerate the purchase because the vehicles are needed now as the vehicles being replaced are the oldest in the fleet. There was no further discussion. VOTE: Motion carried by a 7-0-1 roll call vote. Aye: Morris, Larson, Smith, Perkins, Verbic, Faivre, Barnes. Nay: None. Absent: McAdams. Mayor Barnes declared the motion passed. 2. Resolution 2021-087 Authorizing the Purchase of a Single-Axle Dump Truck through Rush Truck Center for the Public Works Streets Division in an Amount Not to Exceed $185,000. Mayor Barnes read the resolution by title only. MOTION: Alderman Faivre moved to approve the resolution; seconded by Alderman Smith. City Manager Nicklas provided an overview of this item based on the information provided in the agenda packet, stating this is a much-needed vehicle as the one we have now is a 1997. Further, this vehicle is a primary vehicle for the department used for snow plowing, leaf collection, and street repairs. City Manager Nicklas also stated it’s important to act now because the delivery of the vehicle may not arrive until later in 2022 due to supply chain delays. Approval by Council was recommended. Alderman Smith stated with the way the City’s maintenance costs are going up on some of its older vehicles, the sooner we get the dump truck ordered the better off we’ll be. There was no further discussion. VOTE: Motion carried by a 7-0-1 roll call vote. Aye: Morris, Larson, Smith, Perkins, Verbic, Faivre, Barnes. Nay: None. Absent: McAdams. Mayor Barnes declared the motion passed. 3. Resolution 2021-088 Authorizing an Agreement with Commonwealth Edison Company for a Roadway and Utility Easement to Support Macom Drive. Mayor Barnes read the resolution by title only. MOTION: Alderman Smith moved to approve the resolution; seconded by Alderman Morris. City Manager Nicklas provided an overview of this item based on the information provided in the agenda packet, stating this item is one of those that was approved at the August 23, 2021, City Council meeting under budget amendments in the amount of $20,700. He noted negotiation regarding the easement has been ongoing for some time because there was dispute as to whether the easement previously existed. The purchase will grant the City easement rights for the Macom Drive connection to Peace Road through the ComEd utility easement on the west side of Peace Road. There was no further discussion. VOTE: Motion carried by a 7-0-1 roll call vote. Aye: Morris, Larson, Smith, Perkins, Verbic, Faivre, Barnes. Nay: None. Absent: McAdams. Mayor Barnes declared the motion passed. 4. Resolution 2021-089 Authorizing a Professional Services Agreement with Jacob & Hefner Associates, Inc. for Construction Engineering During Gurler Road and Illinois Route 23 Intersection Improvements in an Amount Not to Exceed $75,050.  Regular Meeting Minutes September 27, 2021 Page 7 of 8 Mayor Barnes read the resolution by title only. MOTION: Alderman Verbic moved to approve the resolution; seconded by Alderman Morris. City Manager Nicklas provided an overview of this item based on the information provided in the agenda packet, stating this is engineering for the large intersection project that was awarded to Curran Construction at the September 13, 2021, City Council meeting. This item will ensure the final completion according to Illinois Department of Transportation (IDOT) specifications. Alderman Smith asked if they had started work. City Engineer Gill replied that the preconstruction meeting will be held on Wednesday, September 29, 2021, noting some utility locate/relocate planning has been done. City Manager Nicklas added they know we’re on a tight time schedule and they know what they have to do with the money that’s been awarded. Mayor Barnes stated the hope is to have some sort of lights/signals by winter. City Manager Nicklas said that is the goal. There was no further discussion. VOTE: Motion carried by a 7-0-1 roll call vote. Aye: Morris, Larson, Smith, Perkins, Verbic, Faivre, Barnes. Nay: None. Absent: McAdams. Mayor Barnes declared the motion passed. L. ORDINANCES – FIRST READING There were none. M. REPORTS AND COMMUNICATIONS 1. Council Member Reports. Alderman Morris thanked everyone who came out to speak on the various topics discussed at this meeting, noting that some of the discussion took a lot of vulnerability and courage in many ways. She further stated that the valuable feedback will help guide Council to make the wisest decision they can. Alderman Larson urged citizens to continue to shop locally and support local business owners, noting that it not only helps local businesses but keeps sales tax revenue in DeKalb. Alderman Smith reported that the Pleasant Street neighborhood group will be meeting on October 7, 2021, at the Christ Community Outreach Center. Alderman Perkins thanked everyone who spoke out at this meeting, noting it was very powerful information that Council will need to consider as they strive towards a resolution. Alderman Verbic wished DeKalb High Scholl and Northern Illinois University a happy homecoming weekend, noting lots of activities are planned and he was looking forward to them. Alderman Faivre thanked everyone for coming to the meeting and encouraged all to say something if they see something that just doesn’t feel right. He also encouraged local shopping, stating the next Second Friday event will be held downtown on October 8, 2021. Completing his report, Alderman Faivre mentioned the DeKalb Corn Classic race held over the past weekend, noting it was a great event with a great turnout. Mayor Barnes further reported on the DeKalb Corn Classic and thanked City staff, the DeKalb Park District, and the Sheriff’s Auxiliary for their well-executed team effort. He noted it was a great Regular Meeting Minutes September 27, 2021 Page 8 of 8 event that highlighted DeKalb’s neighborhoods, as well as the downtown area and the feedback we got was phenomenal. Mayor Barnes also thanked those who commented on the ongoing discussion regarding the proposed CPRB. He stated he believes the City is making significant steps forward in increasing transparency and giving people of the community a voice. Mayor Barnes also thanked Council members for sharing feedback on the conversations they’ve been having with the community. And to the community, Mayor Barnes stated that Council is listening and here to represent them. 2. City Manager Report. City Manager Nicklas had no report. N. EXECUTIVE SESSION There was none. O. ADJOURNMENT MOTION: Alderman Smith moved to adjourn the meeting; seconded by Alderman Faivre. VOTE: Motion carried by a 7-0-1 roll call vote. Aye: Morris, Larson, Smith, Perkins, Verbic, Faivre, Barnes. Nay: None. Absent: McAdams. Mayor Barnes declared the motion passed and adjourned the meeting at 7:29 p.m. Respectfully submitted, ______________________________ Ruth A. Scott, Executive Assistant Minutes approved by the City Council on November 22, 2021. Click here to view the agenda packet for the September 27, 2021, Regular City Council meeting. Click here to view the video recording of the September 27, 2021, Regular City Council meeting.