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Public Safety Minutes 2013 04-04-13 APPROVED 5/2/13 UNITED CITY OF YORKVILLE PUBLIC SAFETY MEETING Thursday, April 4, 2013 6:30pm City Hall Conference Room In Attendance: Chairman Carlo Colosimo Alderman Larry Kot Alderman Chris Funkhouser Absent: Alderman Rose Spears Other City Officials in Attendance: City Administrator Bart Olson Chief of Police Rich Hart Deputy Chief Larry Hilt Det. John Hunter, Yorkville Police Others in Attendance: Marlo Peralta, 88 Pawn Ron Estoesta, 88 Pawn Terry Park, 88 Pawn Harry Bothaug, Fox Valley Coins Evan Kirby, Rockstar Mike Murphy, Fox Valley Coins Christina Kirby, Rockstar Marlon Mathre, Fox Valley Coins Neal Brahmbhatt, Christian Taley, Fox Valley Coins Official Jewelers & Estate Buys The meeting was called to order at 6:30pm by Chairman Colosimo and a quorum was established. Citizen Comments: Marlo Peralta, manager of 88 Pawn addressed the pawnbroker license regulations ordinance (on tonight’s agenda) citing 3 issues. She suggested a waiting period of 7 rather than 10 days and gave several reasons. Ms. Peralta also requested restitution through court channels, for any items seized from her if they are stolen. She also suggested that photos be taken only if the items are valued over $50 as they deal with many items under $50. She also asked whose names would appear on the “no buy list”. They already provide a database to the police each week. 1 Mr. Terry Park of 88 Pawn stated that a 3% interest rate is too low and they currently charge a standard 20% per month, the bulk of which goes for taxes and property maintenance. Ms. Peralta stated that current pawn regulations allow the 20%. Chief Hart said the 3% might be an error. Mr. Park requested more details overall on the Leads Online. Mr. Marlon Mathre, owner of Fox Valley Coins, said the business in his Aurora store has fallen 60%, which he attributed to Leads Online. His average customers are primarily senior citizens and many leave the store when asked for ID. He believes citizens’ rights are being taken away and wonders what happens to the database of information. He also said Leads costs much of his time—approximately 1900 manhours in the Aurora store. With his average markup of 2% per item, he must sell an extra $1,900,000 annually to break even. He added that the waiting period hurts his profits/cash flow. Evan Kirby asked for suggestions on handling intoxicated persons or how he would recognize a convicted thief. He felt that all business owners present at the meeting already cooperate with law enforcement. He was also concerned about the 10-day waiting period and said he already rejects items if an individual has no ID. Christina Kirby asked if a list of stolen items could be obtained each month. She was concerned about no restitution for items confiscated. Ms. Kirby said customers will just go to other towns to do business. Neal Brahmbatt disagrees with a database of names saying it oversteps boundaries and that customers will simply go elsewhere. He gave an example of someone presenting a fake ID and he would then lose the item and money, if the sale is fraudulent. He also cited divorce and inheritance situations. Mr. Brahmbatt also questioned the cost of training and who would train business owners to be in compliance. He asked if Leads Online is the only option or if Yorkville could have its own database. Harry Bothaug said many items do not have serial numbers and there is no guarantee the item was stolen. He said the ordinance will not deter crime and that criminals will just go to the next town. Mike Murphy also stated many items do not have serial numbers. He asked how a database would be corrected if erroneous and said it was an invasion of privacy. Christian Taley thanked the City for the notification process regarding this ordinance and asked to be kept apprised. He said the Leads system makes business more difficult and sees this as a further erosion of rights. Ron Estoesta asked if Leads actually works and he said they already provide information to Yorkville PD when asked. He asked if it is worth $2,800 a year to single out small businesses. 2 (It was noted the City’s cost of the Leads system is $2,238 annually with no charge to businesses.) Minutes for Correction/Approval: February 7, 2013 Alderman Funkhouser moved to approve the minutes as read and Alderman Kot seconded the motion. Unanimous approval. New Business: 2. PS 2013-06 (Authorization to Dispose of Vehicle out of order) Chief Hart said Trans Canada Railways donated the pickup 2-3 years ago for the Kendall County Special Response Team. YPD agreed to title and insure it even though it is not technically their property. The Response Team is looking into a new jointly-owned vehicle and the proceeds from this auction would go towards the new vehicle. Alderman Kot questioned the possibility of a lower sale price being offered at this auction, than if it was sold another way. Overall, it was felt the auction would yield a higher price than what was offered in a sealed bid and by a dealership. This item will move forward to the next Council consent agenda. 1. PS 2013-05 Police Reports for December 2012 – February 2013 Chairman Colosimo gave kudos to the Police Department for the complimentary letters received. Alderman Kot questioned the letter regarding parking tickets for a trailer parked across the sidewalk. Chief Hart said 90% of the parking tickets they write are in response to a complaint and the letter-writer was asked to try and find alternate parking. Adherence to ADA regulations was also cited. 3. PS 2013-07 Leads Online Proposal Chief Hart said even if the ordinance is rejected, Leads Online is still a useful tool that many towns use to solve many types of crime. He added that the $2800 cost is inexpensive compared to manhours. Pictures and serial numbers of stolen items can be stored in the database and unlimited training and support are provided also. Det. Hunter said Leads already has an agreement with e-bay that allows easy access to records. He said in a given time period in Yorkville, 60% of the sellers of items were from other towns and therefore if lists of items only went to Yorkville, some stolen items might go undetected. Chairman Colosimo asked if sold items can be added to the database if the City has can Leads, but no ordinance. Chief Hart said the database is checked each day and items be entered into Leads without an ordinance in effect. He added that it is a valuable program and is as secure as any other database. Alderman Funkhouser said the fee is easily recaptured and would reduce manhours. Alderman Kot noted the mid-cost program is being requested. He said Leads is a good program in his experience and recommended purchase. Alderman Colosimo concurred and credited Chief Hart for bringing it to this committee. This item will move to the Council consent agenda. 3 4. PS 2013-03 Ordinance Adopting License Regulations for Pawnbrokers and Resale Dealers Chairman Colosimo said he does not favor legislation that places more burden on residents and raises privacy issues. He asked what catalyst brought this proposed ordinance forward. Chief Hart noted that the businesses have cooperated with the police, but there has been an increase in many property-related crimes. Mr. Colosimo said if the ordinance is passed, it will cost the business owner money and won’t reduce crime—the sellers will go to the next town. Chief Hart said honest people won’t have an issue showing their ID’s. He said Oswego has a similar ordinance and Plainfield is working on one. Alderman Kot said all towns have to be on board with this ordinance. He also asked if there is a difference in reporting from re-sale shops as opposed to pawnshops. Though there is no ordinance in place, the pawnshops are required to report to the County while re-sale shops do not have to report. Pawnshops voluntarily report to the City. This ordinance would require that photos be taken and there is more reporting required. The proposed ordinance also limits the number of licenses to two for pawnshops and 10 for re-sale shops. Saying he would not support the ordinance as written, Alderman Colosimo said he does not favor having to supply personal information and said the burden is on the business and the law-abiding citizen under this ordinance. More work is needed and input should be provided to the Attorney and Chief. He asked how one would appeal incorrect information in the database. Alderman Kot has mixed feelings, though he said there needs to be some type of ordinance with perhaps some cutoffs in values. He also asked if in-store videos are used. He asked staff and legal counsel to consider all comments made at this meeting. Mr. Funkhouser said the ordinance would be a burden to businesses and is a “catch 22”. He said further discussion is needed along with less burden on the business. Chief Hart said the ordinance could be revised to a 7-day waiting time rather than 10. nd This item will be continued to the May 2 Public Safety committee on a motion by Colosimo and second by Kot. Voice vote approval. Alderman Kot asked that the citizens at this meeting should be notified if the meeting is cancelled. 5. PS 2013-09 Ordinance Amending City Liquor Code Regarding Catering Licenses This ordinance would allow businesses outside the City to use their liquor licenses to apply for a 1-day license for weddings, etc. at Hoover. A $50 per-day fee for the liquor license is charged. Alderman Colosimo added that guests spend money at hotels, for food and gas and use other services. Mr. Olson said there is language in the ordinance waiving a background check if another municipality has completed a check that meets Yorkville’s standards. Alderman Kot noted the ordinance waives the fee if the background check has been done. The ordinance will be revised to waive the background check if not needed, but still charge a fee for the license. It was noted that the Sheriff’s Dept. handles all calls at Hoover since it is a forest preserve. 4 On a motion by Funkhouser and second by Kot, the ordinance will be amended to strike “fee waiver” and the fee will increase to $75. Passed on a verbal vote 3-0. This matter moves to the next Council consent agenda. 6. PS 2013-10 Ordinance Amending City Liquor Code Regarding Events on City Property The current ordinance states a liquor license for events held in the city park, can only be issued to the City. This amendment resulted from the “River Night” celebration and would allow the license to be issued to another entity. The committee recommended approval of this amendment and it will move forward to the next Council consent agenda. Old Business: None Additional Business: None There was no further business and the meeting was adjourned at 8:27pm on a motion by Kot and second by Funkhouser. Minutes transcribed by Marlys Young, Minute Taker 5