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Public Safety Minutes 2013 05-02-13 APPROVED 7/3/13 UNITED CITY OF YORKVILLE PUBLIC SAFETY COMMITTEE Tuesday, May 2, 2013, 6:30pm City Hall, Conference Room 800 Game Farm Road IN ATTENDANCE Committee Members: Chairman Carlo Colosimo Alderman Chris Funkhouser Alderman Rose Spears Alderman Larry Kot Other City Officials : Alderman Diane Teeling Deputy Chief of Police Larry Hilt Alderman-Elect Joel Frieders John Hunter, YPD Chief of Police Rich Hart Other Guests: Tony Scott, Kendall County Record Harry Rothaug, Fox Valley Coins Ron Estoesta, 88 Pawn Marlo Peralta, 88 Pawn Christian Talley, Fox Valley Coins Marlon Mathre, Fox Valley Coins Tom Walsh, Bristol Bay Evan Kirby, Rockstar Buy/Sell/Trade David Wolf, Kane County Sheriff Christina McCaslin-Kirby, Rockstar Buy/Sell/Trade The meeting was called to order at 6:30pm by Chairman Carlo Colosimo. He asked to move Old Business item number one to precede the New Business. Committee agreed. The Chairman explained the options that the committee could take in reference to the pawnbroker ordinance. Citizen Comments: The following citizens presented comments on the proposed pawnbroker ordinance: Harry Rothaug, Fox Valley Coins Mr. Rothaug spoke with many of their customers who indicated their dislike for the ordinance and would go elsewhere. He said 98% of their customers are at least 35 years old and are selling inherited or estate items. Marlo Peralta, 88 Pawn She mentioned a revised ordinance was not available on line as was hoped. The Chairman noted the ordinance was not revised yet since there was no committee consensus. Her business also tried holding items 3 days and the inventory backlogged, prompting her to ask for a lesser holding time than the 10- day proposed. Ms. Peralta also questioned the portion of the ordinance that would allow officers to enter a business without a warrant to look for items. She cited an incident in Somonauk where an officer came in looking for an item, but had no serial number or ID. 1 of 5 Dave Wolf, Kane County Sheriff Mr. Wolf is a citizen of Yorkville and works with LEADS on-line at Kane County. He cited 3 cases that were solved due to LEADS on line. He said this system is a huge benefit. Marlon Mathre, Fox Valley Coins He owns 2 stores –Yorkville and Aurora (LEADS on line is in process in Aurora). He discussed the fluctuation in gold prices and how the holding time would affect his profit. Another concern is the “big brother” idea. He said older people are concerned about the ID request and that their information is entered into the computer database. He also mentioned the Illinois Precious Metals Act which requires proof of ownership before an item can be sold. Mr. Mathre said most people do not have the proof. Christina McCaslin-Kirby, Rockstar Buy Sell Trade She agreed with Mr. Mathre that the gold needs to be resold quickly as it affects her profits. She is OK with requesting ID. Previous Meeting Minutes: April 4, 2013 Alderman Kot moved to approve the minutes as written and Alderman Funkhouser seconded. Unanimous voice vote approval. Old Business: 1. PS 2013-08 Ordinance Adopting License Regulations for Pawnbrokers and Resale Dealers Each Alderman expressed their opinion on the proposed ordinance: Alderman Spears said she is OK with officers going into pawnbrokers looking for stolen items. She felt the LEADS would be a useful tool and that requesting ID should not be an issue for those with legitimate business. She supports a lesser waiting time for selling gold due to the varying prices. Alderman Kot commented that all Kendall County towns need to be on board and that Oswego is working on an ordinance after the first one was killed in committee. He supports keeping the number of licenses at the current level rather than what is proposed. Mr. Kot suggested a posting in the store stating the ID requirement is per City ordinance. In reviewing the time limits, Alderman Funkhouser supported a 7-day waiting period and exempting coins and currency from the ordinance, but does not want to exempt precious metals from the ordinance. He agreed with the posting suggested by Alderman Kot and said he supports the ordinance with a couple minor adjustments. Chairman Colosimo said he was not satisfied with the ordinance as written. He said the inspection by officers is unconstitutional and there must be probable cause. Exemptions he suggested for the ordinance are coins, currency, bullion and jewelry (no photo for jewelry). He also wants the hold time to be reduced. Ms. Teeling agreed with Alderman Colosimo. Other comments made: ►Chief of Police Hart said his department would not enter a shop unless the item was on a “stolen” list. Alderman Kot suggested the legal staff should re-examine the verbage regarding the “inspections”. ►Alderman-Elect Frieders commented on the positive side of showing ID and agreed with a quick 2 of 5 turnaround time for gold. The committee discussed turnaround time for gold, bullion etc and taking photos of these items. It was noted that bullion has a certified mark. ►Alderman Spears asked about the time frame for recording items in LEADS. In his experience at Kane County, Mr. Wolf said it only takes a matter of minutes. Ms. Spears said she is OK with photographing gold and selling it right away, however, Rockstar employees said that oftentimes gold is in a crumpled state when brought in. ►Computers, laptops and other electronics and possible parameters for them were discussed. ►Placing a value on an item could be based on many factors according to Alderman Kot. Mr. Colosimo said the value should be based on the sales price. Distinctive markings can also be useful even though the value may be low according to Kot. Ms. Peralta noted that taking photos of similar jewelry items without a mark does not make sense. ►Chief Hart recommended holding jewelry for 24 hrs after a photo is taken. Mr. Wolf said in many cases the entire jewelry case is stolen and one photo with all items could be important evidence. Alderman Kot agreed, saying groups of coins/collections brought in should be photographed.. ►Chairman Colosimo said this ordinance is overregulation and that businesses will move and customers will still sell merchandise. Jobs and taxes will be affected and the ordinance will not prevent crime. He favored coins, currency and bullion to be photographed with no waiting period. ►Ms. Peralta said her business weighs the coins to determine what is put in the system. Special coins get a special entry. ►There were 1900 manhours spent last year for LEADS on line according to Mr. Mathre. Only one case was solved from his store. ►The system will show what items certain individuals are selling. Persons names can be placed on a “do not buy from” list also. ►Mr. Kot asked to limit the number of licenses with Alderman Spears agreeing. Mr. Funkhouser disagreed and does not like limiting the number of businesses other than the “cap” in the ordinance. Chairman Colosimo expressed concern for limiting the types of businesses and defended free enterprise. He added that if a business owner is willing to spend the money to start a business, he has already done his homework. Kot said he views pawnshops differently due to the type of people it attracts. Alderman Spears said the suggested changes should be recommended to the City Council. The changes were reviewed: 1.No hold on bullion, coins or currency, with photo 2.Licenses to remain the same—2 for pawnships and 10 for resale shops 3.From 10 to 7-day hold on identifiable items 4.For non-identifiable items: bulk jewelry should be photographed, 24 hr hold and documentation 5.For non-identifiable items such as coins, no photo, only a general description needed 3 of 5 Motion made by Funkhouser to move PS 2013-08 Ordinance Adopting License Regulations for Pawnbrokers and Resale Dealers, as amended, to next City Council meeting, (Public Safety portion), th March 16. Second by Kot. Roll call vote: Kot-aye, Funkhouser-aye, Spears-aye, Colosimo-nay. Passed 3-1. New Business: 1. PS 2013-11 Police Reports for March 2013 No comment. 2. PS 2013-12 Intergovernmental Agreement for the Purchase, Maintenance and Use of a Van for the Kendall County Special Response Team Chief Hart said police departments from Oswego, Plainfield, Minooka and Montgomery are also seeking Council approval of this agreement from their Councils. Each department would provide no more than $7,000 from their drug asset forfeiture fund. CPAT, SRT and other organizations will also contribute money. The vehicle will be maintained through the Kendall County Chiefs' Association with Oswego holding the title and insurance. Alderman-Elect Frieders asked about a contingency plan if more than one van is needed. Chief Hart replied that the department can obtain other mutual aid equipment such as armored vehicles, robots etc. They are working with Oswego and Montgomery to purchase a transport van and for an agreement looking at the feasibility of mutual help within the departments. th This item moves to the May 16 Council consent agenda. 3. PS 2013-13 Ordinance Amending City Code Regulations On-Street Parking in Bristol Bay 4. PS 2013-14 Ordinance Amending City Code Regulating On-Street parking on Marketplace Dr. These 2 items were discussed together. All committee members approved the Bristol Bay amendment. Resident Tom Walsh commented that parking on the curve by the soccer fields is a safety issue and he said many kids walk between the th vehicles. The street is only wide enough for one car. Item PS 2013-13 will move to the May 16 Council consent agenda. Mr. Funkhouser said he is hesitant to recommend a full restriction on Marketplace Dr. since it is a large road designed to hold parking. He would favor a single side restriction or limit parking “from here to corner” possibly on the north side. He suggested allowing parking on the west side as a compromise, however, the residents would have to cross the road. Chief Hart commented that residents of the area requested the restrictions. He added that there is an issue at night and in the morning when kids are getting on the bus. The traffic on this street is heavy due to the apartments. There is adequate parking near the buildings, however, many residents park on the street for convenience. He also stated that many of the parkers are visitors rather than residents. Chairman Colosimo said he would favor leaving as is since the parking situation is a convenience. The committee recommended keeping the parking the same. Alderman-Elect Frieders said there are awnings for children to wait under and that he would not want persons crossing the street at night. th This item will be moved to the May 16 Council consent agenda. 4 of 5 Additional Business: With the start of the Rt. 47 construction, Alderman Kot asked if particular attention will be given to weight limits for vehicles using shortcuts. Chief Hart replied that his department would focus on the secondary streets in residential areas. He mentioned that he only has 1 portable traffic sign that will be moved to different locations. The second sign cannot be repaired because the company is out of business and the replacement cost is the same as a police vehicle. The State might possibly loan a sign to the City and Alderman Kot asked if the City could borrow a sign. Alderman Kot asked that a press release be issued regarding enforcement. Alderman Colosimo said funds need to be appropriated for lighting the crossing areas by the town square park, when the road work is completed. Mr. Kot said other towns have buttons to push for crossing. Mr. Funkhouser noted the grant just received should be used. Alderman Spears added that traffic is also cutting through Countryside and they do not stop. Alderman Kot asked that a press release be issued regarding enforcement In a related matter, Mr. Funkhouser said he will be having a meeting with businesses and IDOT as to how businesses will be affected and marketed during the construction. Adjournment: There was no further business and the meeting was adjourned on a motion by Spears and second by Kot. Adjourned at 8:32pm. Respectfully submitted by Marlys Young, Minute Taker 5 of 5