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HomeMy WebLinkAboutII. COW Agenda Item Draft Minutes 09/08/2009 /-~~:~i~~sE:~~_~;;{~:\ . !#A"",J<:;";;~", \ ' ~-1,L~L~,:{j_\"!_if' -:>,' .J!,[lawuf!lnu.tll<ul"d<? ~~". eVI!: I, \'. ".'_ 1'/.' .! / .'_. I' _ //</ '--"_ ':7:'7\',/ dil~Jlf COMMITTEE OF THE WHOLE SEPTEMBER 8, 2009 I. CALL TO ORDER The meeting was called to order at 7: 12 p.m. in the Village Board Room of Village Hall, 50 South Emerson Street, by Mayor Wilks. Present at the meeting were: Trustees Paul Hoefert, Arlene Juracek, John Korn, John Matuszak, Steven Polit and Michael Zade!. Trustee Hoefert joined the meeting at 7:35 p.m. Staff present included Village Manager Michael Janonis, Assistant Village Manager David Strahl, Village Attorney Everett Hill, Deputy Police Chief Michael Semkiu, Village Clerk Lisa Angel, Deputy Clerk Kim Dewis and Fire Chief Michael Figolah. II. ACCEPTANCE OF MINUTES OF THE COMMITTEE OF THE WHOLE MEETING OF AUGUST 11. 2009. Motion made by Trustee Korn seconded by Trustee Juracek to approve the minutes. III. CITIZENS TO BE HEARD None IV. BOARD OF FIRE AND POLICE COMMISSIONERS' ANNUAL REPORT George K. Busse Chairman of the Board of Fire and Police Commissions provided the Commission's annual report. He introduced the members of the Commission that were present at the meeting and stated this report period covers May 2008 through April 2009. He highlighted the responsibilities regarding the Police and Fire Commission relating to its responsibility for sworn members of those two departments. He stated this past year was the first year with the revised rules and regulations recently revised by the Village Board. He stated that the changes in the rules and regulation don't necessarily impact the hiring and discipline process among the Commission, however; there are several administrative changes that were included with these modifications. He also stated that the Chair of the Commission is appointed directly by the Mayor instead of the Commission itself. There is also two Department Management staff personnel assigned to each interview team. He explained the Police hiring process has been modified to an as needed basis, while the Fire Department has instituted in an experiment to create an updated hiring list every six months. He also stated the changes that the Village Board made this year also required an annual report by the Commission presented to the Board. He stated overall the change has been well received by the Commission members and the Commission will continue to provide input as to what is working and what can be improved as time progresses. He stated this past year the Commission has undertaken several hiring lists and there has been a large pool of candidates to choose from. He would request future consideration from the Village Board for some compensation for the Commission members when a discipline process is undertaken due to the extensive time commitment involved in hearing and deciding such a case. He stated that he feels the Commission is a true partnership with the Chief's of both departments and is very satisfied with their abilities to operate their operations. Committee of the Whole Page 1 of 5 9/08/09 V. VIDEO GAMING DISCUSSION Mayor Wilks provided an outline of the State Statute that was recently passed regulating Video Poker and the information that has been gathered through the Village web-site in terms the surveying of residents and businesses. Manager Janonis stated there are 65 liquor license establishments throughout the community, however; there would only be approximately 36 establishments which would meet the geographic limitation stipulated in the Statute of not being within 1000 feet of a school or place of worship. He also stated that according the Statute the terminals have to have restricted access for only patrons over 21 and under supervision by someone from the establishment at all times. He stated the Municipalities would share a portion of the revenue from the machines that would be generated within the community. He stated the staff has estimated the revenue to the Village at approximately $130,000 to $185,000. He is suggesting a draft ordinance be considered that would prohibit the installation of the Video Poker machines until the rules for operation within the community have been created by the Illinois State Gaming Commission. This process is expected to take approximately one year. He stated that once those rules have been created it would be logical for the Village Board to consider how or if the Video Poker machines would be considered within the community and whether additional local regulation would be necessary once the rules and regulations have been established by the State Gaming Board. General comments from the Village Board include the following items. There is a question regarding the number of establishments that would not be considered due to the geographic location. There was also discussion regarding additional Trailer Bills that have also been approved which modified the 1000 foot rule to only 100 feet. Staff was directed to research the additional Trailer Bills and determine whether the 100 foot rule is in place and how it would affect the liquor licenses establishments within the community. There was also a general discussion regarding the format and the material generated from the on-line survey. Mal Holec-927 Quince spoke. He stated that he is very concerned about the impact of illegal gambling and its control over a nearby Chicago municipality and feels that even with this proposal it would encourage a criminal element with in the community. He felt additional study should be undertaken to determine whether additional local regulations should supplement any rules and regulations stipulated by the State. Chris Hesch of AH Entertainers spoke. He stated that he is employed by a video game device supplier. He stated that he feels the reason the State established the regulations was to eliminate the crime from the communities due to the illegal machines currently operated in several other towns. He stated that his company is reviewing the existing River Boat gambling application license as a starting point to determine what steps are necessary to participate as a supplier of these machines. He also stated based on the best available information that he has been provided is that it would be at least eight to twelve months before machines could be placed in communities assuming the regulations from the State are completed by then. Additional comments from the Village Board members included the following items: . It was stated that additional information should be provided to the Village Board prior to any decision being made. . There was a general consensus that there was a need to at least have the rules and regulations from the Gaming Board in hand before such consideration would be undertaken. . There was also a question about whether additional survey methods are necessary. . What the potential business cost might be to participate in this program. Committee of the Whole Page 2 of 5 9/08/09 Village Attorney Everette Hill stated that it is his expectation that local municipalities would have additional options to regulate locations of such machines since the restrictions do not prohibit towns from additional regulations beyond what have be stipulated by the State, for example specific eligibility or location of such machines. Jeff Martinez owner of Bogies Ale House spoke. He stated that he feels the Village has been quite responsive in keeping a level playing field compared to other surrounding communities. He felt if these machines were not allowed and they would be available in surrounding communities, that his establishment would have an unfair disadvantage compared to the other communities. He would be satisfied with waiting for the decision until the State creates the rules and regulations. More comments from the Village Board members included the following items; · There was some discussion about the process for the citizens themselves to put a referendum on the ballot to consider the video gaming within the community. · There was also a general discussion about the utilization of an advisory referendum regarding gambling within the community. · A discussion ensued about the potential revenue to the Village and how best to determine estimates for such revenue could be undertaken. Manager Janonis stated that he would recommend the Village Board have additional discussion after January 2010, assuming the rules and regulations are available by then. Staff would continue to gather additional input and the online survey would continue to be live for residents and businesses to voice their opinion. Ted Pappas the owner of Paps Bar and Grill spoke. He compared the installation of video poker machines as the same type of device that is currently in most grocery stores in plain view that self dispenses instant lottery tickets. He is very concerned about the possible competitive disadvantage compared to other communities if Video Poker is not allowed in Mount Prospect and it is in surrounding communities. Nick Figaro owner of Mrs. P & Me spoke. He stated that when the Village Board discussed outdoor dining the actual discussion focused on how outdoor dining is considered in a negative light however; a determination was made based on a reasonable discussion and it has been very successful for businesses in the community. Consensus of the Village Board was to consider an Ordinance at the next Village Board meeting that would prohibit Video Poker machines until the Illinois State Gaming Commission has developed rules and regulations. Once those rules and regulations become available the Village Board would consider whether video poker machines should be allowed in Mount Prospect and whether additional regulations would be necessary for local regulation. VI. BOUTIQUE ELECTION DISCUSSION Mayor Wilks provided general information regarding the local election process within the Village of Mount Prospect. Manager Janonis stated that he is looking for direction from the Board regarding the role of the Village Clerk regarding the election process and whether a referendum question should be considered. Committee of the Whole Page 3 of 5 9/08/09 Village Attorney Hill provided the background on previous discussion regarding the local election process and the past historical practice within the community. He also provided information about the differentiation between a non-partisan election with no primary necessary regardless of the number of candidates for each specific office and an election which would require a primary. He also provided information about the specific number of signatures to get on the ballot based on the number of registered voters as an option for consideration. He stated as a Home Rule community the Village can determine its local election process as long as it is not prohibited by the statutes. He also confirmed that any referendum would not be binding on the Board and would not change the form of government if the election process were put to a vote. He stated that he would undertake research regarding binding referendum questions regarding the election process. General comments from the Village Board members include the following items: . There was a general discussion regarding the communication methods and how any information regarding a possible referendum would need to be communicated to the citizens to make sure they were fully informed before they made a decision. . There was also a concern regarding how such a referendum question would be worded. . There was also a discussion regarding the proposed number of required signatures compared to other local elected boards. Manager Janonis stated that if a referendum were to be considered it would need to be completed by November 30 in order for it to be placed on the February 2010 ballot. It can also be placed on the November 2010 ballot if the determination to place it on the ballot was completed by August 30. General comments form the Village Board members included the following items: . There was a discussion regarding the number of signatures required to get on the ballot in addition to the impact of binding vs. non-binding referendums. . There was also a discussion regarding the role of the Village Clerk in accepting and/or processing completed petitions filed by persons interested in running for local municipal office. . A discussion ensued regarding the means or methods that are available to simplify the process relating to Village petitions and elections for persons that may be considering elected office. This would also assist the voters in understanding the election process itself. Manager Janonis confirmed that the Village Clerk would only accept any completed petitions and would not review any petitions submitted for elections. He also confirmed that the Clerk would provide the Election packet both in hard copy and electronic format. He confirmed that there would be no notarizing of petitions by the Village Clerk. He also suggested that this topic will come back for further discussion on the October 13 COW meeting for final consideration. VII. MANAGER'S REPORT Manager Janonis wanted to remind everyone of: . The 9-11 Ceremony at Fire Station 13 at 9:00 a.m. on September 11th . The Coffee with Council event on September 12th from 9:00a.m. to 11 :00 am . The Family Bike Ride at Mellas Park starting at 9:00 a.m. also on September 12th . The French Market from 8:00 a.m. to 1 :00 p.m. on September 13th Committee of the Whole Page 4 of 5 9/08/09 VIII. ANY OTHER BUSINESS None IX. ADJOURNMENT Meeting adjourned into Closed Session at 10:10 p.m. Motion made by Trustee Zadel seconded by Trustee Juracek to move into Closed Session. Village Board returned to Open Session at 10:39 p.m. and immediately adjourned. - ~s--fll DAVID STRAHL Assistant Village Manager H:\VILM\Cow\2009\Minutes\9-08-09 COW Minutes.doc Committee of the Whole Page 5 of 5 9/08/09