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HomeMy WebLinkAbout09/14/2004 COW agenda Meeting Location: Mount Prospect Village Hall 50 South Emerson Street COMMITTEE OF THE WHOLE AGENDA Meeting Date and Time: Tuesday, September 14, 2004 7:00 p.m. I. CALL TO ORDER - ROLL CALL Mayor Gerald L. Farley Trustee Timothy Corcoran Trustee Michaele Skowron Trustee Paul Hoefert Trustee INana Wilks Trustee Richard Lohrstorfer Trustee Michael Zadel II. ACCEPTANCE OF MINUTES OF AUGUST 10, 2004 - DEFERRMENT REQUESTED III. CITIZENS TO BE HEARD IV. CHARITABLE FOUNDATION - UPDATE Earlier this year, the Village Board considered the creation of a Charitable Foundation under the auspices of the Village that would allow donations of money and in-kind gifts to support events sponsored by the Special Events Commission; i.e., "Celestial Celebration" and Sister Cities Commission; i.e., "Thanksgiving in October." The status of the Foundation as a 501 (c)(3) not-for-profit entity would make such contributions tax deductible to the extent allowed by IRS regulation. The Village Board approved the concept and directed staff to . draft appropriate legal documents that would provide for a narrowly focused Foundation. After struggling for several months to come up with a Foundation format that could be tightly controlled, Village legal counsel began researching the tax deductible status of donations made directly to the Village. The attached Legal Opinion from Counsel George Wagner, a colleague of Village Attorney Everette Hill, indicates that "donations to a government body are, in fact, tax deductible if made for exclusively public purposes." Given this development, it would appear that the creation of a Foundation is largely unnecessary. This simplified approach is much more desirable given the complexities of creating, operating and maintaining a 501 (c)(3) charitable foundation. Mr. Wagner's Legal Opinion points out some areas that the Village needs to be vigilant about. Staff feels comfortable that concerns can be addressed through appropriate training of Commission members and the financial controls already in place with the Village. As Mr. Wagner notes, the Special Events Commission is currently the only group that is specifically chartered with the power to solicit donations. Given their "missions," the Sister Cities Commission and, to a lesser extent, the Community Relations Commission charters might need to be amended to grant said power. Staffwould like to discuss this changed direction with Board members. Appropriate staff will be on hand to answer questions and facilitate discussion. NOTE: ANY INDIVIDUAL WHO WOULD LIKE TO A TTEND THIS MEETING BUT BECAUSE OF A DISABILITY NEEDS SOME ACCOMMODA TION TOPA'RtICIPA TE, SHOULD CONTACT THE VILLAGE MANAGER'S OFFICE AT 50 SOUTH EMERSON, MOUNT PROSPECT, ILLINOIS 60056, 847/392-6000, EXTENSION 5327, TDD #847/392-6064. v. MISCELLANEOUS PROPOSED VILLAGE CODE AMENDMENTS Over the course of the year, a series of circumstances and/or requests regarding changes to the Village's Municipal Code have come forward. At this time, staff would like to present for consideration three different Amendments that have considerable merit: A. Military SeNice Exemption for Vehicle Stickers With the ongoing wars in Iraq and Afghanistan, numerous Mount Prospect men and women have been called into active duty in our military. The Village Code currently provides an exemption from purchasing a Village vehicle sticker for the registered owner of a vehicle on active U.S. military duty stationed outside of Illinois. That exemption, however, carries with it two requirements that have proved difficult for some active duty citizens to meet. Those conditions include: a) that the owner is in actual possession of the vehicle while stationed outside of Illinois or b) the vehicle is in full-time storage. The proposed Amendment would delete the two conditions. Staff would seek direction as to whether an Amendment is acceptable to Village Board members. B. Modifications to Motorized Scooter Ban In 2003, the Village Board adopted rules and regulations prohibiting the use of motorized scooters within Village rights-of-way and other public places. In general, a motorized scooter is a device that is propelled by gas or electric means and is not legally registered with the State of Illinois. The prohibition, as currently worded in the Code, prohibits the use of Segway devices on public ways. In recent months, a new type of "motorized scooter" has come on to the market and is commonly known as a "pocket bike." These "pocket bikes" resemble full-size racing style motorcycles on a much smaller scale, often no taller than about 18". These "pocket bikes" also have the capability of reaching speeds of 30-40 miles an hour. Combining speed with their low profile, they are particularly troublesome from a safety standpoint. Additionally, the use of the "Segway" continues to evolve and broaden. A Segway franchise recently opened in one of the near western suburbs and signals the advent of greater general use of such devices. Given their much more sophisticated status and cost, it is unlikely that segways will become toys for unlicensed drivers. The attached draft Ordinance would seek to accomplish two things: 1) Seek to ban the use of "pocket bikes" on public ways and 2) legalize the use of Segways. Staff would seek direction from the Village Board regarding support for these Amendments. C. Modifications to DanQerous Animal ReQulations Since 1999, there have been 120 reported incidents of dogs biting people. While the number of bites per year has remained fairly constant, there have been suggestions that the Village strengthen its Dangerous Animal Regulations. Recently, the City of Des Plaines adopted a more robust Ordinance and same is presented here as modified for use in Mount Prospect. The main addition is an expanded definition of "dangerous animal" and the defining of what actions trigger the designation of an animal as "dangerous or vicious." The Ordinance would also provide for warning signage to be posted at the home as well as a prohibition from walking such a designated animal in the public way. VI. VII. VIII. Staff presents the proposed Ordinance for discussion. Appropriate staff will be on hand to answer questions and facilitate discussion. VILLAGE MANAGER'S REPORT ANY OTHER BUSINESS ADJOURNMENT