HomeMy WebLinkAbout09/08/2009 COW minutes
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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
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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
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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
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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 1 ih from 9:00a.m. to 11 :00 am
. The Family Bike Ride at Mellas Park starting at 9:00 a.m. also on September 1 ih
. The French Market from 8:00 a.m. to 1 :00 p.m. on September 13th
Committee of the Whole
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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-tJj
DAVID STRAHL
Assistant Village Manager
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