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HomeMy WebLinkAbout04/24/1990 COW minutes COMMITTEE OF THE WHOLE Minu~es April 24, 1990 I Roll Call The meeting was called to order at 7.37 p.m. Present were Mayor Gerald L Farley, Trustees Ralph Arthur, Timothy Corcoran, Leo Floros, and Ted Wattenberg. Trustee George Van Geem was absent at the start of the meeting but arrived at 8 50 p.m Also present were Village Manager John Dixon, Finance Director David Jepson, Village Attorney Everette Hill, three members of the news media and seven residents. II Minutes The minutes of the Committee of the Whole meeting of April 10, 1990 were approved as presented. III Citizens to be Heard Janet Hansen, Executive Director of the lMount ~Pr~spect 6"namber of Commerce, - ~ announced that thc G~hamber would be sponsoring a seminar re~rdln~ implementation of the Illinois Clean Air Act on May 23, 1990 She invited the Committee members and all interested residents to attend IV Ordinance Relulatin~ the Sale of Tobacco to Minors Village Manager Dixon presented a revised copy ~f a proposed ordinance which would regulate the sale and possession of tobacco products by minors. He stated that the ordinance presented was patterned after similar ordinances that have been adopted in Schaumbur§ and ~4oodrtd~e. Villa§e Attorney Hill then explained the modific~tions that were included in the' proposed ordinance. He stated that the provisions for selling tobacco to a minor were much more specific and that the Mount Prospect Ordinance also prohibited possession of tobacco by minors who were residents of the Village. The other changes that were made included a provision for restriction of sales from vending machines and an appeals process for business owners who were charged with selling tobacco to minors. The proposed ordinance provides that any vending machines that sell tobacco must be within sight of an employee 6f the business. Under these circumstances, the business employee would observe and in effect authorize all purchases from the machine The appellate process would provide for a hearing before the Village Mana§er If the business owner accepted the findings of the Hearing Officer the costs would be greatly reduced Mayor Farley stated that the ordinance was being considered because of a concern for all young people. He said that he thought that people would be better off if they avoided tobacco products, and that the proposed ordinance would be beneficial. Trustee Arthur expressed his concern over the problems in enforcing the proposed ordinance and that it was putting the full responsibility on the business owner Trustee Corooran expressed his concern over the Village Manager being the Hearing Officer. He stated that the Village Manager would be both the Prosecutor and the ~Judge under these conditions. Attorney Hill responded that it would be similar to the Liquor Control Commission where the Mayor is the Hearing Officer Trustee Corcoran said the difference is that the Mayor does~ not have operational authority He said he would prefer the Mayor being~the Hearing Officer. Mayor ~Farley said he would agree to be the Hearing Officer Trustee Busse stated he thought the proposed ordinance would be very difficult to enforce and a real burden on the businessman He said he would prefer to use State Statutes. Trustee Wattenberg stated he thought we were punishing the business community. He suggested that we give the State Law a chance. He added that Prohibition never worked and this ordinance would only add to the amount of paperwork generated by the Village. Janet Hansen stated that the current State Statute contains everything in the proposed ordinance except the restrictions on sales from vending machines and free ~istrlDution of tobacco products ~ She added that each business must post signs stating that it is illegal for minors to purchase tobacco and said the Chamber would volunteer to be the educational voice of the community She concluded by saying the business owners have assured her that they will try to follow State Law Mayor Farley said he thought this was important for~the ,community and that an ordinance incorporating the changes discussed by the Committee should be presented at the May 1, 1990 Village Board Meeting Ordinance Prohibitinm Feedinm of Animals "Village Manager Dixon stated that the Village has received a number of complaints from~restdents regarding neighbors who feed animals and birds. He added that current Village Ordinances are not specific enough and the purpose of the proposed ordinance change is to be sure that .they will hold up in court. Village Attorney Hill then cited several examples where feeding animals a~d birds had either caused damage to a neighbor's property or were a health hazard. He added that in one serious case that was~taken to Court, the Judge would not find the person guilty because our ordinance was not specific enough Mr Hill said that this ordinance will not eliminate bird feeders, but would only be in effect when it could cause damage to property or could be a health hazard Trustee Wattenberg said he supported the change 100% Arthur said he the ordinance was ridiculous. Trustee thought Trustee Floros said he could not support a prohibition of feeding birds. Trustee Corcoran suggested that the Village follow procedures that other municipalities are using Mayor Farley directed that an ordinance be presented to the Village Board. VI piscussioB of Ordinance Amendin~ the Liouor Code (Fines and Costs) The Committee concurred with a recommendation to increase the maximum fine for a liquor license violation from $1,000 to $2,500 and to include a provision to recover the costs of a hearing VII Discussion of Enmineerin~ Services for a Rate Study on Flood Control Finance Director David Jepson explained that a Flood Control User Charge was proposed in the 90/91 budget as a means of financing a portion of the Flood Control Project. A Flood Control User Charge is an approach whereby property owners would be charged on the basis of their property's contribution to stormwater problems. The concept of a user charge for financing these types of improvements is relatively new in Illinois, but it is being used in other parts of the country. Mr. Jepson stated~that-'- bg~a~e~'%~i~ is ~'-a uni9~ 6~e ~f u~er charge] h~ th6ught the Village should have a formal rate study to establish an equitable method for applying the charge. He then stated that he had contacted RJN Envlror~mental for a proposal to conduct this study in conjunction with the study of Village Flood Problems. They have performed a number of water and sewer studies in the Chicago suburban area. Trustee Arthur supported the proposal. Trustee Floros said it could be a possible "can of worms" but that it could be an interesting way to finance the costs Trustee Wattenberg said he thought we should put any flood control projects on a back-burner." Trustee Corcoran expressed his concern over how a fee would be established. ~e stated that he thought people in a combined sewer area should pay a higher fee than people in a separated sewer area. Mayor Parley stated that he had received many complaints on flooding and he would llke to proceed. He directed that the proposal from PON Environmental be placed on the next Village Board Agenda VIII Manamer's Report Village Manager Dixon reported that the Recycling Center on South Busse Road would be closing on April 25, 1990 They were combining their facilities in Hillside, Illinois. He also reported that the Fire Department was?orking with Prospect High School in cooperation with SADD to present a Prom Night program. Finally, he stated that John P Burg had been hired as Assistant Village Manager and would start on May 14, 1990 IX Other Business Trustee Wattenberg requested that the Village actively ~ work with Cities of Prospect Heights and Des Platnes to get the Wisconsin Central Railroad to provide passenger service to this area Mayor Farley said the Village has been working with a Transportation Committee of the Northwest Municipal Conference and he will continue to monitor this issue. X Adjournment ~ The Committee of the Whole recessed at 9'03 p.m. to go into executive session to discuss personnel matters. Respectfully Submitted, David C Jepson, Finance Director DC J/sm 2