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HomeMy WebLinkAboutj - May 23, 2007 COW COMMITTEE OF THE WHOLE MEETING May 23, 2007 The regular Committee of the Whole meeting was called to order by Mayor Schock at 6:08 p.m. in the Council Chambers. Present: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters and Mayor Schock. Absent: None. Approval of Minutes Councilmember Walters made a motion, seconded by Councilmember Figueroa, to approve the minutes of the May 9, 2007, regular meeting. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters and Mayor Schock. Nays: None. Consideration of the Reservation of 2007 State of Illinois Industrial Revenue Bond Cap An ordinance will be presented at tonight’s Council meeting for passage by the City Council. Consideration of a Sub-recipient Agreement Between the City of Elgin and Bethesda Community Development Center A resolution will be presented at tonight’s Council meeting for adoption by the City Council. Consideration of Engineering Design Services with Black & Veatch Corporation for the Airlite Water Treatment Plant Improvements Councilmember Walters made a motion, seconded by Councilmember Figueroa, to authorize the execution of an agreement with Black & Veatch Corporation in the amount of $706,800 for engineering design services and bidding phases for the Airlite Water Treatment Plant improvements. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Consideration of the Senior Citizen Property Tax Rebate Program Councilmember Figueroa made a motion, seconded by Councilmember Kaptain, to approve the Senior Citizen Property Tax and Senior Citizen Mobile Home rebate programs for 2007 as listed below. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Committee of the Whole May 23, 2007 Page 2 Senior Citizen Property Tax Rebates COUNTY # OF REBATES DATE ISSUED AMOUNT Kane 2006 2,163 @ $200 July 2006 $432,600 2005 2,124 @ $200 July 2005 $424,800 Cook 2006 720 @ $200 November 2006 $144,000 2005 718 @ $200 November 2005 $143,600 Senior Citizen Mobile Home Rebates COUNTY # OF REBATES DATE ISSUED AMOUNT Kane 2006 381 @ $35 August 2006 $13,335 2005 419 @ $35 August 2005 $14,665 Cook 2006 36 @ $35 November 2006 $1,260 2005 35 @ $35 November 2005 $1,225 Consideration of an Agreement with SunGuard HTE and Advanced Processing and Imaging for a Municipal Management Information System (RFP 05-110) Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to award RFP 05-110 to SunGard HTE, Inc. and Advanced Imaging Processing, Inc. for a total amount of $536,050 for a municipal management information system. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Consideration of an Agreement with Turn-Key Network Solutions for the Installation of Fiber Optic Cable Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to approve the agreement with Turn-Key Network Solutions, Inc. in the amount of $513,505 for the installation of fiber optic cable. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Consideration of an Amendment to Chapter 11 of the Elgin Municipal Code, Entitled Committee of the Whole May 23, 2007 Page 3 “Vehicles and Traffic” Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to approve the amendments to Chapter 11, Entitled “Vehicles and Traffic”, as recommended by the Neighborhood Services Committee and outlined in the memo provided to Council. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Consideration of the Purchase of Service Agreement with Elgin Area Convention and Visitors Bureau Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to approve the purchase of service agreement with the Elgin Area Convention and Visitors Bureau in the amount of $73,000. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Consideration of a Sub-recipient Agreement with the Community Crisis Center Councilmember Kaptain made a motion, seconded by Councilmember Walters, to approve the sub-recipient agreement between the City of Elgin and the Community Crisis Center of Elgin in the amount of $131,196 for the list of repairs given below. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Community Crisis Center List of Repairs • NE lower level water issues and renovation • East sidewalk replacement to include water drain holes • Removal of trees and fauna on east side of building for concrete work • Downspout work • Remove and reinstall 12 condensing units • Architectural specifications • Minor asphalt work around edge of building to seal foundation • Front entrance HVAC upgrade • Information system server room HVAC upgrade • Third floor office HVAC upgrade • Drywall repair/painting for HVAC upgrades • Replace/repair main front entrance doors • Sound insulation for three counseling rooms • Drywall repair/painting for counseling rooms • Kitchen floor tile (180 sq. ft. @ $4.75/sf + $250 prep) • Seven hollow doors and frames for shelter bedrooms • Seven ADA lever type door handles in bronze for above listed doors Committee of the Whole May 23, 2007 Page 4 • Ten ADA lever type handles in bronze with locks • Fourteen wall mounted shelves with towel bars and hooks for seven shelter bedrooms • Remove pavement from parking lot, replace stone base, replace asphalt pavement, re- stripe parking lot and reset wheel stops, repair parking lot lights Consideration of the Issuance of 501(c) (3) Bonds on Behalf of the Boys and Girls Club of Elgin Fiscal Services Group Director Nowicki introduced Tim Williams, a representative from the Boys and Girls Club of Elgin. Mr. Williams gave a presentation regarding why the club is applying for the City of Elgin’s approval of $2,100,000 of bonds of which the proceeds will be used for the construction and equipping of a new facility at 355 Dundee Avenue. Mr. Williams stated that the Boys and Girls Club of Elgin opened in 1993 with an initial membership of 100 children and has increased its membership to more than 680 children at the end of 2006. The Club's stated mission is to enable all young people to reach their full potential as productive, caring responsible citizens, and within the context of this mission, he outlined the Club’s following four core beliefs: (1) to provide a safe place for children to learn and grow (2) to provide ongoing relationships with caring, adult professionals (3) to offer life-enhancing programs and character development experiences (4) to create hope and opportunity in their members' lives Mr. Williams stated that the existing facility serves between 60 and 70 different children every day. In the summer, daily attendance often exceeds 100 different children, making it necessary to take children on field trips in order to avoid overcrowding. The new facility will improve safety, enhance programming, augment staff recruitment and retention, and serve a greater number of the City's youth. The construction of the new facility is expected to be completed by the beginning of 2008. The Boys and Girls Club is a non-profit organization and as such, the Club's revenues are generally derived from governmental payments, as well as donations and special events. Revenues have been fairly stable, with the exception of the donation of the 355 Dundee Avenue property in fiscal year 2004 and significant pledges in fiscal year 2005 for the Club's capital campaign to help fund the Club's proposed new facility. Mr. Williams stated that with the continued support of the City, the Club should have the resources to pay the debt service on the bonds and based on its audited financial reports, it is financially sound. The bonds the Council is considering will help the Club enhance their programs and services, as well as retain an organization dedicated to improving the quality of life in the City. Mr. Williams introduced Mike Anderson who gave a brief update on the building and both of them thanked the Council for their consideration. Committee of the Whole May 23, 2007 Page 5 Mr. Nowicki stated that the City would incur no liability, but the bonds would be tax-exempt, allowing the club to obtain a low, 4.5 percent interest rate, as well as reducing fees associated with the issue. He also stated that the City would increase its annual donation to the Boys and Girls Club to an estimated $140,000, up from $115,000, to cover the cost of debt service, allowing the club to defray its operating costs with the interest it earns on the money it already has raised as part of its capital campaign. Councilmember Walters made a motion, seconded by Councilmember Figueroa, to approve the issuance of up to $2.1 million in Adjustable Rate Demand Revenue Bonds, Series 2007 on behalf of the Boys and Girls Club of Elgin. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Consideration of the Analysis of the City’s Development Review Process Councilmember Gilliam made a motion, seconded by Councilmember Kaptain, to approve an agreement with Sikich, LLP in the amount of $86,000 to conduct an analysis of the City’s development review process. Councilmember Figueroa stated that he was not convinced it is necessary to spend $86,000 for an outside consultant to analyze the City’s development review process, and believes that the City Staff should be able to review and revise its own process without the excess expenditure. City Manager Folarin stated that an internal review was done and as a result changes were made to the process, however he believes that an outside unbiased entity would be able to analyze the process and suggest optimum improvements that might otherwise be overlooked. He stated that he believes that this will benefit the City by detaching from the process and allow the City to evaluate the following: how the process is done; how efficient the process is; and if personnel changes or reorganization of personnel is necessary to increase efficiency. Mayor Schock stated that he believes without an unbiased opinion that an organization like the City of Elgin can sometimes evolve in a haphazard manner because it is done in sporadic sections instead of looking at the whole organization. He believes that this investment will pay back large dividends with the City developing comprehensively as a whole instead of irregularly. Upon a roll call vote: Yeas: Councilmembers Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: Councilmember Figueroa. Announcements from Council Councilmember Figueroa stated that the City of Elgin was featured in the West Suburban Living magazine in their Town Focus section and urged everyone to read the article. Councilmember Kaptain stated that the Elgin Cultural Arts Commission is again running the “Elgin 1440” photography program. He stated that it would be held on June 21st from midnight Committee of the Whole May 23, 2007 Page 6 to midnight and anyone interested in submitting photos should contact Gilbert Feliciano at 847- 931-6019. He also stated that it is time for Elgin to take a leadership role in becoming an environmentally friendly and “green” community. He urged staff to process a request for qualification (RFQ) in order to hire an environmental consultant for the City. Councilmember Walters listed the following activities and urged the residents in Elgin to honor our soldiers past and present by attending one of the Memorial Day events on Monday, May 28, 2007: • A floral tribute will be held at the Highland Avenue Bridge from 9:45 to 10:45 a.m. Monday. The annual event is sponsored by the Elgin Marine Corps League and North Kane County VietNOW. • A memorial to deceased veterans will take place from 11 a.m. to noon at Bluff City Cemetery, 945 Bluff City Blvd. He also stated that Elgin's 30th annual Fox Trot will hit the pavement Monday morning. There will be a 5K and 10-mile run and a two-mile walk, which start at 8 a.m. at the Elgin Civic Center. Councilmember Walters also stated that people could also celebrate official grand opening of the new Festival Park at 1:30 p.m. Monday at the ribbon-cutting ceremony to be followed by the 8th Annual Ribfest. Councilmember Steffen reminded residents that the annual Kiwanis Pancake Breakfast will take place from 8 to 11 a.m. Monday in the lower level of Hemmens Cultural Center, Announcements from Staff City Manager Folarin introduced Retired Lieutenant Colonel Robert T. Johnson and stated that he had been retained as an independent consultant to conduct an unbiased review of the actions of officers of the Elgin Police Department leading up to and during the execution of the search warrant that was served on the Granger family at 421 Ann Street on March 11, 2007. He stated that the review also included reviewing the citizen complaint policy and process in existence at the time of the incident to determine if it was followed properly. He gave a brief overview of Mr. Johnson’s qualifications as 35 year law enforcement veteran, with 31 years of active service. Mr. Folarin stated that Mr. Johnson retired as a Lieutenant Colonel from the Illinois State Police and he currently serves as a private consultant and expert witness regarding law enforcement policies and practices, conducting sensitive internal investigations. He stated that Mr. Johnson has been qualified as an expert witness in State and Federal courts and consulted for and testified in litigation regarding the use of deadly force, pursuits, emergency vehicle response, and other policy issues. In addition, Mr. Johnson serves as an Assessor for the Commission for the Accreditation of Law Enforcement Agencies and has reviewed the operations of several law enforcement agencies seeking accreditation. Committee of the Whole May 23, 2007 Page 7 Mr. Johnson reviewed his report regarding the execution of a search warrant, which was served at 421 Ann Street on March 11, 2007, as well as his review of the Elgin Police Department’s complaint process. Mr. Johnson stated that the warrant was not for the Frank or Betty Granger (the owners of the home), who are law abiding citizens, but for their grandson, Terrance Johnson who is well-known to the Elgin Police Department as a documented gang member with arrests for a variety of offenses including violence and who is currently on parole for aggravated battery. He gave an overview of his report by listing the following issues and what his findings regarding each were: Issues Raised by Frank and Betty Granger • Issue: Terrance Johnson residing at 421 Ann Street. Mr. Johnson reviewed 17 separate reports in which the Elgin Police Department had contact with Terrance Johnson for a period from July 2001 through April 2006, where all of the repots listed his address as 421 Ann Street. In addition, Terrance Johnson’s Illinois driver’s license reflects his address as 421 Ann Street. Mr. Johnson stated that when he contacted Terrance Johnson’s Parole Officer he was advised that the Ann Street address is Johnson’s address of record, his hosts are Mr. and Mrs. Granger, and that he has personally visited Terrance Johnson at that address on numerous occasions. • Issue: Officers not identifying themselves. Mr. Johnson stated that the officers uniforms for the Elgin Police Department’s Tactical Response Team (TRT) have “POLICE” marked in large letters on the front (chest), rear (back), and each arm of their uniform, providing a 360 degree visibility of identification. Also, he stated it is routine before, upon, and during initial entry for the TRT to shout/announce “Elgin Police” and after reviewing tapes of the Granger’s complaints during the City Council meeting and the police reports this was done during the execution of the search warrant. • Issue: Use of Tactical Response Team, forcing entry, use of a “flash bang” device, and the time of the raid. Mr. Johnson stated Tactical Response Teams are utilized by departments throughout the United States as a part of their standard operating procedures when information is obtained that suspects involved in the search warrant may be armed with firearms or dangerous weapons, have a significant history of violence, etc. He stated that the TRT is trained and equipped to make a quick and efficient entry using overwhelming numbers of personnel to enhance the safety of officers and the people within the residence. The use of a “flash bang” as part of the entry process is common and its distracting capabilities further enhance officer and occupant safety. He reminded everyone present that the search warrant was for Terrance Johnson and for possession of a firearm - due to Terrance Johnson’s extensive criminal history and arrests for violence, as well as being a gang member, it was recommended and mandated by standard operating procedure that the execution of the warrant be performed by the Tactical Response Team. Committee of the Whole May 23, 2007 Page 8 • Issue: Validity of the search warrant. Mr. Johnson stated that the Elgin Police Department Tactical Response Team did utilize a valid search warrant which a sitting Judge reviewed and approved, which the Judge clearly remembers signing. • Issue: Police looking at mail. Mr. Johnson stated it is standard practice for officers to look and take mail to verify that the person named in the warrant resides at the location searched. In this case, the Elgin Police Department did recover and seize mail sent to Terrance Johnson at 421 Ann Street. • Issue: Removal of items from closets and boxes without returning them to the same place. Mr. Johnson stated that though it is inconvenient for the residents of a premises being searched, the police are interested in locating the items or contraband named in the warrant in the most efficient and quickest manner available. It is common to empty closets, boxes, dressers, etc. in a quick and less than tidy manner. This methodology also reduces the time frame that the police need to remain on-site and that the occupants need to be restrained/monitored. He stated that there is no law or policy that requires the police to conduct their business neatly or to return the contents to the state they were found in. • Issue: Treatment and timeliness in taking the Granger’s complaint. Mr. Johnson stated that the Elgin Police Department practice in place at the time of the incident called for a supervisor to provide the complaint form and meet with the complainants. A supervisor was called, but he was out in the field and it took approximately 30 minutes for him to meet with the Grangers and a third party that accompanied them. The third party expressed reservations regarding the complaint process and the supervisor which further delayed the process. Mr. Johnson believes that requiring a supervisor to provide and assist in taking the complaint is a sound procedure but that there are occasions that may arise where it might be appropriate to deviate from this procedure. Recognizing this and as a result of the subject incident, Chief Womack made changes to the Standard Operating Procedure to allow the complaint form to be available and provided by any employee working the front desk. Mr. Johnson’s findings and conclusion are as follows: Findings and Conclusion The use of the Tactical Response Team given the information known to the department and the actions of the Elgin Police Officers on March 11, 2007, while serving a search warrant at 421 Ann Street were reasonable and in accord with the Elgin Police Department policies and practices as well as standards and practices within the law enforcement field. Committee of the Whole May 23, 2007 Page 9 The initial complaint intake process was not as efficient as it should have been when the Grangers initially appeared to file a complaint on March 11, 2007. However their complaint was taken after some delay. In part, this may have been caused by the third party requesting or suggesting that a supervisor other than Lt. Welter handle taking the complaint. The delay was not indicative of a system or procedure flaw but more attributable to human elements. Chief Womack has taken steps to reduce the likelihood of this reoccurring. The Elgin Police Department internal investigation regarding the Grangers' complaints was thorough, timely, efficient, and reached the appropriate conclusion. The investigation met the parameters of the Elgin Police Department's policies and practices and complied with nationally recognized standards within the law enforcement field. Adjournment Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adjourn and go into the Executive Session for the purpose of discussing the following matters. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters and Mayor Schock. Nays: None. Establishment of Reserves or Settlement of Claims as Provided in the Local Governmental and Governmental Employees Tort Immunity Act - Exempt Under Section 120/2(c) (12) of the Open Meetings Act Appointment, Employment, Compensation, Discipline, Performance or Dismissal of Specific Employees of the Public Body - Exempt Under Section 120/2(c) (1) of the Open Meetings Act Selection of a Person to Fill a Vacant Office, Including a Vacancy in a Public Office, When the Public Body is Given Power to Appoint Under Law or Ordinance, or the Discipline, Performance or Removal of the Occupant of a Public Office, When the Public Body is Given Power to Remove the Occupant Under Law or Ordinance - Exempt Under Section 120/2(c) (3) of the Open Meetings Act Purchase or Lease of Real Property for the Use of the Public Body - Exempt Under Section 120/2(c) (5) of the Open Meetings Act The meeting adjourned at 6:50 p.m. s/Jennifer Quinton June 13, 2007 Jennifer Quinton, Acting City Clerk Date Approved