Public Safety Minutes 2002 11-20-02 Pagel of 5
UNITED CITY OF YORKVILLE
PUBLIC SAFETY COMMITTEE 0 D
WEDNESDAY,NOVEMBER 20,2002
Chairman Mike Anderson called the meeting to order at 6:30 p.m.
ROLL CALL
Members present: Mike Anderson,Larry Kot,Rose Spears,Harold Martin and attorney
Kelly Kramer.
A quorum was established.
MINUTES
Minutes from the Sept. 26 and Oct. 24 meetings were approved.
Liguor Ordinance Revisions
City Attorney Kelly Kramer said that Mayor Art Prochaska has concerns about stores that
do not have fenced off areas where liquor is sold. She said Jewell isn't a problem because
the liquor area is so well monitored. However, she said if a lower-end store comes to
town,there could be a problem.
Committee Chairman Mike Anderson said the mayor worked out an agreement with
Jewell to close off the area where liquor is kept after hours. Police Chief Harold Martin
said Jewell employees are putting carts in the aisles and locking them up so no one can
go down those aisles. The store also is considering putting up portable gates.
Kramer said some stores that sell liquor such as Sam's Club,has the area gates and has a
spinner to get into it. Committee Member Larry Kot said he would take it a step further
and consider requiring stores to locate the sections where liquor is sold in the back of the
store and sectioned off so it's not as easy to get to. He said he has residents in his ward
who feel strongly about making it more the areas more difficult to access. Anderson said
he is against putting liquor in the corners or backs of stores because he thinks that opens
the areas up to increased possibilities of theft. He said he prefers having the liquor in the
more in the open where it can be monitored more easily.
Kot said that the area doesn't have to be in the back,but he definitely wants more
restrictions. He said he wants something in the ordinance to protect the city in case
another retailer comes to town that might not be as tight with security.
Anderson agreed saying there is nothing in the ordinance now to make sure no one can
access the liquor after closing hours.
Martin said he does not believe Prochaska wants anyone to be able to access areas where
liquor is sold during hours when sales are not allowed.
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Kramer said that if a stronger ordinance is drafted, it does not have to be applied
retroactively. Kot also asked if the new ordinance could state something about the
discretion of the liquor commissioner.
Kramer said she will have a draft of an ordinance at the next Public Safety Committee
meeting. She will also speak with the mayor to get his comments.
She also asked if the fine schedule was okay. The committee members agreed they had
no problem with the fines outlined in the ordinance.
Dog Ordinance Revisions
Kramer said the city's ordinance only deals with dogs and doesn't even sufficiently deal
with dogs especially considering all of the developments coming in and the increase in
population.
She suggested the city enact an animal control ordinance to deal not only with dogs but
other animals people may keep as pets such as pot belly pigs,monkeys and other exotic
animals.
The Municipal League provided cities with sample copies of animal control ordinances.
She aid that the city needs to outline the ordinance mainly in a code format and start with
definitions such as dog at large, fierce dogs, inoculations,rabies,non-farm animals and
exotic animals. She said they also will probably include a section on farm animals,but
they would be exempt in areas zoned agricultural where farm animals are allowed.
Currently the city's ordinance only deals with dogs at large, disturbing the peace and
interfering with a police officer. The new ordinance likely will address fierce dogs, dogs
relieving themselves on private and city property. Martin said the city parks already have
an ordinance against it However,the new city ordinance could include enforcing the
restrictions even on the city parks.
Kramer said the new ordinance should define the different offences. As far as
inoculations and impoundment, the city's current statutes are lacking in that they are
vague.
Committee Member Rose Spears asked if something could be put in the ordinance stating
that the animals cannot be taken to the Kendall County Pound. She said that after 30
days,the pound calls an organization to see if they will take the animal and then they
have eight more days until the animal is put to sleep.
Kot asked if there is a situation with an animal and an officer is on the scene,how is the
officer instructed to handle the situation. Martin said it depends on the animal.During
daytime hours,the officers will wait for the county to pick up the animal. Otherwise the
officers may take the animal to the county. As for animals out of the ordinary, such as a
duck, they try to do what they can to help. Sometimes,however,the animal has to be
destroyed. Martin said they don't like doing that unless it's absolutely necessary.
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He said the pound doesn't take anything other than dogs. Anderson said there are places
that take different animals to protect them. Kramer said those places can be put into a
section of the ordinance as suitable places to take them.
Kramer said other offenses such as harboring exotic animals and dog biting can be
included. Martin said that dog-biting cases have been turned over to the county.
Anderson said those cases needs to be included in the city's ordinance.
Kramer said she and Martin have talked about setting up a mayor's court for ordinance
violators. In the mayor's court,Mayor Art Prochaska would act as judge possibly once a
month. She said it's in compliance with the state statutes and added that there's a little bit
of give and take in this type of system.
Kot,however, said that with the mayor as busy as he is, it might not be prudent to add
something like this to his duties. Anderson agreed saying he'd rather see offenders go to
court. He said the police officers will use their discretion before issuing any citations.
Ten years ago in Yorkville,that might have been okay, Kot said. However,with the city
growing so quickly,the mayor is too busy now.
Kramer also said fines for offenses need to be designated in the ordinance. All the
committee members agreed. Martin said currently a warning is given for the first offense.
And the second offense calls for a fine of$25.
Anderson asked it the fines are inline with other fines the city levies. Martin said that the
city's fines are all over the board.
Anderson then asked if different fines could be issued for different offences. However,
Kramer said that could cause the city to have problems with due process.
She asked about a dollar amount on the fines.Kot said he wouldn't want to go too high,
but on the other hand,the fines shouldn't be so low that nobody pays attention.
Martin said they're currently about$25 for the second offense, $50 for the third offense
and$100 for the fourth offense. The offenders also need to pay a$10 boarding fee and a
pick-up fee.
Spears said she thinks the fines are okay. She also asked what would happen to the exotic
animals. Kramer said they certainly are prohibited from being in town and that she will
refer to state statutes.
Kot also asked if there is anything on the books regarding trapping. Anderson said
trapping also is well regulated by state statutes.
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On the topic of liquor sales, Spears asked if there is anything in the city's ordinance
regarding the distribution of free samples of liquor in stores. She then gave Kramer a
copy of River Forest's ordinance.
Kramer said she will have copies of the liquor ordinance and the animal control
ordinance ready for member to view before the next meeting. The next meeting will be at
6:30 p.m. on Dec. 18.
October Police Reports
Anderson asked why the overtime for part-time officers went up so much in October.
Martin said it isn't overtime,but actually an increase in hours for part-time officers.
Spears said the report really shows how the department is short-handed and how many
hours the officers are working.
Martin then asked how everyone liked the newly formatted reports. Anderson replied that
they are nice and concise.
The committee agreed to pass the report to the Committee of the Whole.
Request to Add Additional Sergeant's Position
Martin said he's looking to promote someone to the position effective Jan. 1,2003 or
roughly within two-weeks of that time frame. Four months of the salary would be about
$3,000.
Anderson asked if the promotion would leave the staff shorthanded. Martin said it'll be a
person who is already there who isn't a supervisor.
Anderson said he doesn't have any opposition to it as long as the department can make it
work. He said the money is there.
Kot said the additional position is a sign that the town is growing and that the department
needs to keep pace with it. He also said it is good for the department to promote from
within.
Martin agreed saying that if officers see there are areas to advance,it helps retain the
officers.
The committee decided to take the request to the Committee of the Whole.
Twelve-hour Shifts
Anderson said the issue was brought up last month and brought again this month.He
asked if the shift change affects the contract and asked if it had to be negotiated with the
union.
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Martin said the 12-hour shift would be a management right under the contract. However,
he said he wouldn't change the shifts unless the union signed off on it. He said the offers
researched the shift schedule by talking with officers from other departments. He said the
officers all agreed to try the 12-hour shifts.
Martin added that the shift change would run on a six-month trial basis.At the end of the
six months, if the officers like the schedule, it would be kept. If they do not like it,they
will revert to the current system.
Anderson asked if it is practical to start in January. Martin said it could start in January
and he could guarantee two people on each shift.
Anderson then asked if the chief would prefer to wait until a new officer is out of training
and ready to join the force. Martin said he has a tendency to lean towards waiting until a
new hire is ready to go.
Martin said that while he does not need approval from the Public Safety Committee,he
prefers having the committee's input. He said it also gives more credibility to the change.
Kot said he appreciates that Martin came to the committee. He said it seems the
department has researched the issue thoroughly. He also said that he likes the idea of a
six-month trial period.
Spears asked if the 12-hour shift would make it more difficult to find fill-ins if someone
calls in sick. Martin said no.
Kot said that by going:to a 12-hour shift,the department would lose the flexibility of
having an officer stay on a shift longer. However,Martin said it seems to work better
than the current practice. He said the 12-hour shift system also betters the private lives of
officers giving them every other weekend off.
Anderson said the matter can be revisited in December.
Additional Business
Martin said that a resident complained about a truck and trailer parking on John Street.
She said the street is too narrow and she asked Martin to look at parking on one side of
the street only. He said officers looked at the area and didn't see a problem. Anderson
suggested Iooking at night.
The meeting adjourned at 7:35 p.m.
Minutes respectfully submitted by Dina Gipe