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HomeMy WebLinkAbout04/27/1993 COW minutes Minutes COMMITTEE OF THE ~HOLE April 27, 1993 I. CALL TO ORDER - ROLL CALL The meeting was called to order at 7:35 PM by Mayor Gerald L. Farley. Trustees present were Mark Busse, George Clowes, Timothy Corcoran, Leo Floros, Paul Hoefert, and Irvana Wllks. Also present were Village Manager Michael Janonls, Village Attorney Everette Hill, Jr., and Public Works Director Herbert Weeks. II. MINUTES OF MARCH 13, 1993 BUDGET WORKSHOP MINUTES OF MARCH 20, 1993 BUDGET WORKSHOP MINUTES OF MARCH 23, 1993 BUDGET WORKSHOP The minutes of the March 13, 1993 Budget Workshop meeting were accepted, as modified, and filed. The minutes of the March 20, 1993 Budget Workshop meeting were approved as presented. The minutes of the March 23, 1993 Budget Workshop meeting were accepted, as modified, and filed. III. CITIZENS TO BE HEARD Mr. Ernest Lasse of 805 S. Elm Street questioned the propri- ety of granting the Village Manager a salary Increase one day following the consolidated election. IV. REVIEW AND DISCUSSION OF DRAFT PARENTAL RESPONSIBILITY/KEG TAGGING ORDINANCES Mayor Farley gave a brief synopsis regarding the formula- tion of a group called TAP Mount Prospect, which stands for Teens and Parents for a Better Mount Prospect: He had met with an ad hoc group to determine if there should be any community response to the problem of under-age drinking and driving.. After their November 1992 monthly meeting, Mayor Farley appointed Trustee clowes as chairman of this group, which adopted the name, TAP Mount Prospect. Trustee Clowes pointed out that this acronym was chosen to emphasize "tapping" the resources of the Village to work together for a better community; a community that provides a safe and secure environment for all its citizens. The organization was composed of concerned parents, high school students, ~3unlor high school students, representatives from local school districts and park districts, churches, and the Mount Prospect Library, and had recently contacted other social agencies such as CRUSH, OMNI, and FIGHTING BACK for support. Trustee Clowes gave an overview of his group's progress. The group had recently made several important decisions about community response to youth issues, to parenting issues, and to law enforcement issues, and they formed three subcommittees to address each of these issues. They wanted to make sure not to duplicate the programs and activ- ities already in place and they wanted to take advantage of existing programs and activities. The youth activities subcommittee, spearheaded by Patti Walpole, is in the process of producing a combined youth calendar called YO-Mount Prospect (Youth Organization of Mount Prospect). Mrs. Palpole described the work and plans of this subcommittee. The youth activities subcommittee initially w~ll focus on 6th through 8th grade students as their primary targets. The parenting subcommittee's initial focus will be on edu- cating parents, teens, and pre-teens on the laws that af- fect them in Mount Prospect. Th~s subcommittee Ks develop- ing other seminars and presentations for the start of the next school year. The law enforcement subcommittee has drafted a parental accountability ordinance for Mount Prospect, which makes parents subject to a fine if any underage drinking occurs in their homes, whether they have prior knowledge of at or not. The proposed ordinance also provides for suspension of driving privileges an Mount Prospect for alcohol-related driving offenses, plus substantial fines.. It was stressed that loss of driving privileges in Mount Prospect could result from alcohol consumption, even if the dr~ver ~sn't intoxicated, but it would not necessary mean loss of one's driver's license. Village Attorney Everette Hill gave a brief overview of the draft ordinance: i The impetus for the formation of TAP Mount Prospect came from the alcohol-related deaths of three young students in Mount Prospect a year and a half ago. A total of seven students from District 214 died in alcohol-related acci- dents during the 1991-92 school year. Despite th~s, com- ments made by students ~n a recent survey at Prospect High School indicated that alcohol consumption is widely accept- ed. The prevailing attitude is that it (accidents) can't happen to them. The survey also Indicated that peer pres- sure plays an important role in alcohol consumption among teens. Despite having strict drunk-driving laws lin Mount Prospect, underage drinkers who drive know that the penal- ties they face from the courts are relatively minor; so 2 much so that the penalties are treated as a "3oke." Thzs proposed new ordinance, with its stiffer penalties, may help discourage underage alcohol consumption. To summarzze, the proposed ordinance: - Provides for a mandatory fine of $1000 for delivering alcohol to an underage person; - Except in the performance of a bona fide religious service; - Except by the parent only, in the home only, and only under the dzrect superv~szon of the parent {protection provided by State law); however, the parent is still vicariously liable (see below); - Provides for a mandatory flne of $1000 for those adults who permit underage drinkzng ~n thezr homes or on thezr business premises, whether they are present or not; - Establishes vicarious liability for anyone who delivers alcohol to underage persons; this creates civil lzablllty for those delivering alcohol to underage persons who subsequently cause zn]ury to others through Lmpairment by alcohol; - The person who initially delivers the alcohol to the underage person is v~carlously lzable; - The person who is ~n control of the premises, or fails to maintain control of the premises, is vicariously liable; - The person who permits an alcohol-impaired underage person to operate a motor vehicle is vicariously liable; - Provides for a mandatory fine of $500 and a 6-month loss of driving privzleges in Mount Prospect for any underage person using false identification to obtain alcohol; - Provides for zmpoundment of the vehlcle ~f an underage person is found operating a motor vehicle w~th any kind of alcohol in it; recovery of the vehicle would cost $250 plus any towing or storage charges; - If the underage person ls subsequently f6und guilty of driving with open alcohol or possession of alcohol by a minor then driving privileges zn Mount Prospect would be suspended for 6 months; - If the underage person is found guilty of driving while his or her drlvzng przvlleges are suspended, then there is a mandatory fine of $500. - Where mandatory fines are not specified, fines of from $100 to $500 are applicable. - The Court may provide for fines to be worked off by community service at the rate of one hour of community service for every $10 of mandatory fine. Further discussion between the trustees and members of TAP Mount Prospect indicated'that youth would be involved in the planning phase of activities (that don't involve alco- hol), and h~gh school student volunteers and parents would help with programs. Fliers will be distributed at a later date, and funding for expenses would be through possible grants or donations from community businesses or organiza- tions. Trustee clowes indicated that the Illinois Depart- ment of Family Services may have grants available in amounts up to $5000. The youth activities committee initially will focus on 6th through 8th grade students as their primary targets. This committee feels that parents must be held accountable and liable when they allow alcohol consumption in the homes of underage children, and they should face fines if found negligent. They want civil liability penalties imposed on those who deliver alcohol to minors. According to our Village attorney, being that Mount Prospect is a home rule community, the Village may also restrict driving within its boundaries. The proposed ordinance deals with consumption of alcohol beverages, not necessarily intoxication (as the state laws in that area are quite restrictive), and it was pointed out that one of the objectives of this committee was to come up w~th an ordinance that has minimal loopholes. Vicarious liability of parents was discussed, and reference was made to similar provisions in ex~stzng ordinances in W~nnetka and wllmette. An example was given of a baby sitter at a parent's house who would invite others for a party while the parents were gone. Would that parent be liable? According to our attorney, ~f a parent had past experience or knowledge of this type of activity, then he/ she could be considered negligent. Trustee Hoefert asked if the Wllmette and Winnetka ordinanc- es had been tested in court, and our Village attorney stat- ed there had been no appellate court decision. J~m McDermott, a member of the TAP group, c~ted a case where a parent had left two children at home, a 17-year-old and an 18-year-old, with strict instructions against par- ties. They had a party, after which one underage person was killed in an accident. The two parents were not held liable, but the children were. Mr. McDermott wanted an ordinance that will make the parents accept responsibility for their children's alcohol consumption and the consequenc- es thereof. Trustee Corcoran brought up a hypothetical case in which underage drinkers gained access to a liquor cabinet, which was normally kept locked. Would that parent also be liable for their actions? According to Attorney Hill, if it can be proved that a parent had previous knowledge of accessi- bility into this cabinet, there may be a basis for estab- lishing liability. Trustee Wilks asked if the Village could restrict driving privileges outside the Village for a youth who was found to be inebriated. Police Chief Pavlock said, no. However, it was pointed out that one of TAP Mount Prospect's aims was to develop a model ordinance that could be adopted by other communities, which would then ~mpose reciprocal restric- tions on driving privileges. Several people seemed to be concerned about the wording on page 4, Section E-2, of the proposed ordinance regarding vicarious liability. Trustee Floros agreed that the par-_ ents should be made accountable for their children's alcoi hol consumption. Trustee Clowes suggested that, in light of the apparent concern about the subject, the language concerning vicarious liability should be reviewed. Trustee Corcoran wants to have more time to review the issue and to observe community reaction. The second ordinance related to tagging on kegs of beer as a means of identifying and tracking the kegs. Trustee Clowes stated that Police Chief Pavlock was aware of only four incidents last year where this ordinance would have applled; as such, this committee should review the ordi- nance again. On this issue, too, it was commented that the cooperation of neighboring communities would be helpful, and Mayor Farley stated that it would be appropriate to contact those communities for support. TAP committee member, Elleen Manno, was concerned that these two ordinances'might be put. on hold. She felt that acting on them in a timely fashion would place Mount Pros- pect in a position of leadership on the issue of alcohol consumption 8/nong minors. Mayor Farley said that, in his opinion, it is essential that the community parents have the opportunity to comment on the proposed ordinances. He commented that the new elected officials should have the opportunity to become more %nformed with regard to the proposed legislation. Mayor Farley suggested that the issue be brought back to the second COW meeting in May for further discussion. V. MANAGER'S REPORT Village Manager Janonls stated that there will be a recep- tion for old and new Board members from 6:30 PM to 7:15 PM on May 4, 1993. 5 VI. ANY OTHER BUSINESS Mayor Farley co~uented that this would be Trustee Busse's last meeting; he will be out of town for the next scheduled meeting. Mayor Farley wanted to recognize and voice appre- ciation for Trustee Busse's services to the community, and other trustees also voiced their favorable comments regard- lng Trustee Busse's services. Village Manager Janonls wished Trustee Busse well, saying that he would be missed as he has always been very supportive of staff. Trustee Busse commented that he was not seeking accolades and that his tenure has been a very rewarding experience for him, but he is looking for time off to be with his family. VII. ADJOURNMENT The meeting was adjourned at 9:47 PM. Respectfully submitted, Herbert L. Weeks Director Public Works 6