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