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HomeMy WebLinkAbout05/25/1993 COW minutes Minutss COMMITTEE OF THE WHOLE May 25, 2993 I. ROLL CALL The meeting was called to order at 7:35 p.m. by Mayor Gerald L. Farley. Present at the meeting were: Trustees George Clowes, Timothy Corcoran, Richard Hendricks, Paul Noefert, Michaele Skowron and Irvana Wilks. Also present at the meeting were: Village Manager Michael Janonis, Village Attorney Everette Hill, Police Chief Ronald Pavlock, and Human Services Director Nancy Morgan. In addition, three members of the media were in attendance. II. MINUTES OF MAY 11, 1993 The minutes of May 11, 1993, were accepted and filed. III. CITIZENS TO BE HEARD No citizens to be heard. IV. CONTINUATION OF REVIEW AND DISCUSSION OF DRAFT PARENTAL RESPONSIBILITY/KEG TAGGING ORDINANCES Mayor Farley stated that the proposed Parental R~sponsibility/Keg Tagging Ordinance discussion had been continued from the last Committee of the Whole meeting to invite public reaction. At that last meeting there were two suggestions for revising the ordinance which Trustee Clowes described. 1. NEGLIGENCE STANDARD APPLIED TO CONTROL OF PREMISES Paragraph 123.3 Section E-2 was ~evised to resp6nd to the concerns raised by the previous Board. It should read as follows: Any person in control of a premises, who knowingly or negligently fails to maintain supervision to such an extent that an alcoholic beverage is consumed on the premises by an underage person. 2. PENALTY FOR ALCOHOL IMPAIRED UNDERAGE DRIVER The change now provides for the situation where an alcohol impaired underage drinker who is operating a motor vehicle but not transporting alcohol is subject to car impoundment and penalties. Trustee Clowes then reviewed the scope of the ordinance. Mayor Farley commented that he had received many supportive phone calls from the public. Resident Terry Traub, an attorney and board member of St. Thomas Becket Church, said that the church allows the River Trails Park District to use their parking lot for the overflow parking of their sports games. He raised the concern about the church's potential vIcarious liability with this ordinance. 'A d~scussion ensued between Mr. Traub and Village~Attorney Everette Hill on this issue. Trustee Hoefert suggested that some potential liability exists now and Village Attorney Hill agreed, but added that this ordinance mandates liability 'upon a finding of negligence. Trustee Skowron voiced a concern that in an attempt to exempt certain situations, we might end up not addressing the problems that the TAP-Mount Prospect group have identified over the past year and a half. Mayor Farley outlined the timetable for further consideration of the ordinance. June i will be the first reading, and June 15 the ordinance would be considered for adoption. This time frame would allow for additional resident input. Village Attorney Hill explained the ordinance's background by saying originally the group wanted a Parental Responsibility Ordinance, but as work proceeded they realized others beside parents could he'liable. He warned that if we attempt to "protect" some parties under the ordinance, the Village may run into trouble enforcing the ordinance. Trustee Wilks stated that the ordinance should not be amended further, if it would result in a dilution of the original intent. She stated that the ordinance may encourage those people in charge of events or groups to be more vigilant. Attorney Hill agreed and cited situations with Illinois State Laws. Paul Froelich, Executive Director of Alliance Against Intoxicated Drivers (AIM), said in 1989 AIM gave an award to Mount Prospect for its standards for alcohol sales--the only municipality to ever receive the award. If this proposed ordinance passes, it would be the strongest ordinance addressing this issue in Illinois. The liability provision of this ordinance is good because it currently does not exist in State law. The provision that a False ID Is Not A Defense is an excellent provision in the ordinance. Mr. Froelich concluded by saying this is a balanced ordinance. It's not just a crackdown on youth but addresses the adults who are accessories. Mayor Farley, polled the board with all in favor of moving this proposed ordinance to a June i first reading. rustee Clowes updated the Board on the Keg Tagging Ordinance. His group thought the number on the keg was a serial number, but it was actually a number indicating the type of beer and an expiration date. Therefore the number could not be used for tracking purposes. He would like to work with the Illinois Retail Merchants Association and the State to have bar code ID tags attached to kegs on a state wide level to enable proper tracking. His group will need more time to develop this aspect of the ordinance. TAP-Mount Prospect's subcommittee, Youth Organizations of Mount Prospect, has put together a youth calendar, and will work with TCI to produce a show about the subcommittee's activities. The Mount Prospect Park District has developed "Club Rec Plex" which will offer special activities for youth during the summers. A discussion ensued regarding out-of-district youth attending "Club Rec Plex" for the listed price. V. MANAGER'S REPORT Village Manager Janonis reminded the public about the Memorial Day Parade to be held on May 31, 1993, at 9:30 a.m., and the Jaycee's Carnival this weekend. He requested that the Board cancel the Committee of the Whole meeting on the fourth Tuesday in June and reschedule it for the fifth Tuesday in June when discussion will be held on capital equipment replacement. The Police and Fire Departments will be moving and the extra week will allow them time for the discussion preparation. VI. ANY OTHER BUSINESS Trustee Hoefert asked about the speed enforcement on central Road. Police Chief Pavlock reported that we have worked with Des Plaines and they are helping us run radar at St. Emily's. Both communities have issued many tickets. Mount Prospect has run radar at Public Works and we have issued many tickets. Trustee Wilks remarked that she had attended a D.A.R.E. graduation and was very impressed with the entire program. VII. ADJOURNMENT The meeting was adjourned at 8:50 P.M. R~spec~fullv~~~~.wsubmitted, Human ~rices Director