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HomeMy WebLinkAbout2013-07-17 Special Meeting Minutes MINUTES OF A SPECIAL MEETING OF THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE COOK COUNTY, ILLINOIS, HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER JULY 17, 2013 I&II. CALL TO ORDER/PLEDGE OF ALLEGIANCE Village President Daniel P. DiMaria called the meeting to order at 6:00 p.m. After leading the assemblage in the Pledge of Allegiance, he directed the Clerk to call the roll. III. ROLL CALL Village Clerk Ramos called the roll. Present were: Trustees Bill Grear, Tony S. Kalogerakos, John Pietron, John Thill and Maria Toth. Absent was: Trustee Sheldon Marcus IV. APPROVAL OF MINUTES No minutes were presented at this special meeting to be approved. V. SPECIAL REPORTS Mr. Home presented Officer Hankey from the Morton Grove Police Department who explained the different types of weapons and ammunition. This was intended to provide a basic under- standing of parts and how they are used with various weapons. He explained the use of single action weapons which fire one bullet with a pulled trigger. He explained the use of semi- automatic action weapons which include a semi-automatic rifle. Those types of weapons ac- cept a detachable magazine, have a folding or telescoping stock, have a pistol grip and/or bayonet mount, a flash suppressor, and/or a threaded barrel designed to accommodate one. He explained semi-automatic pistols which are also assault weapons when they have an out- side pistol grip which can be attached, a treaded barrel which can be attached to extend the barrel, has a flash suppressor, handgrip, or suppressor. He stated semi-automatic shotguns have a folding or telescoping stock, pistol grip, a fixed capacity of more than five rounds and a detachable magazine. He went onto explain magazines can have multiple rounds that can ex- tend to 30 or even 50 rounds. Mr. Home then explained the Village has a defined timeline it is dealing with that has been in- formed from the state of Illinois when the House and Senate overrode Governor Quinn's veto on July 9, 2013. At that point, a ten day window began. The Village then held a Town Hall meeting on July 15, 2013, to receive input from residents in the hopes of meeting the deadline of July 19, 2013, imposed by the State of Illinois. He briefly reviewed what was discussed at the Town Hall meeting. This evening the first reading of Ordinance 13-13 is being presented which will regulate the use and possession of assault weapons. The Village currently is defin- ing an assault weapon as a firearm with a readily accessible magazine capable of holding 31 or more rounds of ammunition. Trustee Thill asked if a hand gun was categorized as an assault weapon? Officer Hankey stated it could be categorized under the proposed ordinance if its magazine could hold more than 31 rounds in a magazine. Minutes of July 17,2013, Board Meeting VI. PUBLIC HEARINGS There was no public hearing for this meeting. VII. RESIDENTS' COMMENTS (Agenda Items Only) Mayor DiMaria invited Morton Grove residents to speak concerning the adoption of the ordin- ance which would define and regulate assault weapons as allowed within the timeframe given by the Illinois Concealed Carry Act PA98-0063. The following individuals as best discerned with their comments are as follows: Dr Szachowicz— Beckwith Road. Believes the Village did a good job on the ordinance. It is sensible and understandable. David Azra, Beckwith Road. Concerned about the definition of an assault weapon and felt the Village was being vague. Ms. Liston stated the firearm as defined in this ordinance comes right from the Firearm Owners Identification Act, combined with a readily accessible magazine with more than 31 rounds makes it an assault weapon. Mark Stein, Lincoln Avenue. He was concerned about the ordinance being changed at a later date. He felt this was not a good idea. Kim Muldofski, Church Street. She read a statement that centered around assault weapons being intended to be used as military weapons and not something to be used for sport or hunt- ing. These types of weapons are used to kill people quickly and efficiently. They have no place in Morton Grove. She would like to see these guns banned. Jason Pearson, Morton Grove. He wanted to know if the cosmetic features of a gun changed its functionality and when does it become a military style weapon? He felt it did not make sense to ban guns. Georgianne Brunner, Belleforte Avenue. She commended the Board for coming up with this legislation. This is not to her liking because she would like to see a complete gun ban; howev- er, she appreciates this comprise. Believes it is good to have something on the books and urged the Board to pass this ordinance. Matt Ursay, Waukegan Road. Urged the Board not to adopt an assault weapon ban. It will not have an effect on crime. Jose Arguello, 5900 Block of Carol Avenue. He thanked the Village for a generous ordinance and a good comprise; however, he would like to have a total ban because these types of wea- pons are intended to only kill people. He is all for the rights of citizens being observed. He does not want gun dealers in the Village. There were no additional Morton Grove resident comments at this time. VIII. PRESIDENT'S REPORT Mayor DiMaria thanked all the residents that showed up for the Town Hall meeting and ex- pressed their views. Everyone there provided good feedback and input. As you can see, the Village Board does listen and is open to suggestions. He realizes this is a very hot topic and 2 Minutes of July 17,2013, Board Meeting the Board members are trying for reasonability. He thanked staff also for all their hard work. He realizes there is passion on all sides and understands about the need for feeling safe. He felt the state of Illinois dumped on municipalities and subsequently gave the decision making to local communities. Since we do not know what the state will do in the future, it is important to act on this ordinance. In other words, this is a placeholder. Whatever the Village passes this week it can be amended in the future. It essentially gives us the opportunity to change in the future. He expressed the Town Hall meeting was a success. IX. CLERK'S REPORT Clerk Ramos had no formal report. X. STAFF REPORTS a. Village Administrator 1) Miscellaneous Reports and Updates. There were no additional reports or up- dates reported at this time. b. Corporation Counsel Corporation Counsel had no formal report. Xl. REPORTS BY TRUSTEES a. Trustee Grear ._ Trustee Grear had no formal report. b. Trustee Kalogerakos 1) Trustee Kalogerakos presented Ordinance 13-13 amending Title 6, Chapter 2 of the Morton Grove Municipal Code entitled "Deadly Weapons. Trustee Kalogerakos presented an overview of the document explaining on July 9, 2013, the Illinois Legislature passed the Illinois Concealed Carry Act PA98-0063 which made it lawful for persons to carry concealed weapons under certain terms and condi- tions within the state and allowed municipalities such as Morton Grove to define and re- gulate the possession and ownership of assault weapons but only if they adopt an or- dinance on or before July 19, 2013. The Illinois Concealed Carry Act requires munici- palities to define the term "assault weapons" as part of an ordinance regulating the pos- session or ownership of assault weapons. If an ordinance is adopted before the July 19, 2013, deadline that ordinance may be amended later. He noted a Town Hall meet- ing was held on July 15, 2013.. to receive input from the community regarding the defini- tion and possible regulation of assault weapons. The revisions being presented by the Village Board this evening will include the defini- tion of an assault weapon as a firearm combined with an immediately accessible maga- zine capable of containing 31 or more rounds of ammunition. The possession of as- sault weapons will be prohibited outside of a person's legal residence or business or where a person is an invitee; unless the person possessing the assault weapon meets one of six exemptions or the weapon is being lawfully transported. It will also incorpo- 3 Minutes of July 17,2013, Board Meetin• rate by reference Illinois statutes regulating assault weapons. Trustee Kalogerakos reminded everyone this Ordinance was up for a first reading this evening and a final vote would not be taken until tomorrow evening. Mayor DiMaria opened the floor for Trustees to make comments. Administrator Home once again gave a definition for an assault weapon as it pertains to this particular ordinance. It is a firearm combined with 31 or more rounds of ammunition in a magazine. Trustee Grear stated he is not a gun owner but he felt it was not his job to regulate the community on whether to own or possess guns. The state has given the Village a very limited timeframe within to act and he feels it is important to give the future a choice. Even though he is a non-weapon owner he feels a choice is necessary. Trustee Kalogerakos stated he is not happy about the ten day restriction the state of Il- linois imposed. He felt it was important to protect the interests of the Village. He be- lieves the state is not looking out for everyone's best interest. Trustee Pietron agreed with Trustee Grear's and Trustee Kalogerakos' statements. He felt 6-2-3 possession of assault weapons, was ambiguous. He had a problem with the word "possesses" and would like to expand on that definition. Trustee Pietron then made a motion to expand upon the original statement "No person shall carry or possess an assault weapon on or about his person. . .". The motion was seconded by Trustee Grear. Clerk Ramos called the roll. First was Trustee Kalogerakos who felt the statement was clear and there was no need to change. His vote on the motion is nay. There was a brief discussion wherein Trustee Thill was concerned about having guns in backyards and that should not be allowed. Corporation Counsel stated this ordinance does not regulate the discharge of weapons and stated this concern was different than the motion that was on the table by Trustee Pietron. She went on to state, the Illinois Concealed Carry Act requires a license when you conceal carry a weapon. Trustee Pietron's question centers around someone who has an assault weapon but does not want or need to take it off the premise. Does that require a conceal carry license? The Ordinance, again, states if a gun has more than 31 rounds it becomes an assault wea- pon. That weapon, according to the ordinance, can be taken into your backyard; how- ever, the Board was reminded this ordinance does not regulate the discharging of fire- arms. It only regulates the possession and ownership of weapons not the firing or dis- charge of a firearm. Tr. Grear nay Tr. Kalogerakos nay, Tr. Marcus absent Tr. Pietron aye Tr. Thill nay Tr. Toth nay Motion failed: 1 aye, 4 nays, 1 absent. This was the first reading for Ordinance 13-13. This Ordinance will be presented for its second reading at a Special Meeting to be held on July 18, 2013. 4 Minutes of July 17,2013, Board Meeting c. Trustee Marcus Trustee Marcus was absent and subsequently had no report. d. Trustee Pietron Trustee Pietron had no formal report. e. Trustee Thill Trustee Thill had no formal report; however he stated he believes he is not a politician. He does believe the word politician means compromise and after everything that has been said and if you read Ordinance 13-13 you will see this is a document of compro- mise. Staff has done a wonderful job in drafting this document. f. Trustee Toth Trustee Toth had no formal report. She did state she has heard from many residents concerning this matter. She believes the Board represents everyone in the Village and truly listened to everyone. The Board has tried to draft an ordinance that will reserve the rights of its citizens. Everyone has a constitutional right. She believed compromise was a part of this ordinance yet it gave everyone the right to own and bear arms. Safe- ty has also been a concern. She thanked staff for addressing everyone's concerns. OTHER BUSINESS NONE XIII. WARRANTS The warrants were not presented at this special meeting. XIV. RESIDENTS' COMMENTS (non agenda items) Mr. Weiss, Morton Grove. He expressed concern about transporting magazines that were greater than 31 rounds. He transports weapons and magazines in a trunk with ammunition and magazines separated. Chief Erickson did not have a problem with that type of transport. Steven Zaharcas, Schaumburg. He stated the reason the 2004 weapons ban was allowed to sunset was because there were negligible results from that restriction. He did not feel there should be any restrictions on firearms, that there are actually more deaths on our nation's highways. More deaths occur because of fists, blunt weapons and knives than with guns he stated. He believes restricting rights is unacceptable. This is not an issue of public safety. There are more government controls than ever before and these have had no effect on reduc- ing crime. Unidentified individual. West Nile virus kills more people than guns. Mike Weisman, IL State Rifle Association. In 1981, there was a ban on handgun in Morton Grove. Since then the handgun law has been repealed due to Supreme Court legislation. 5 Minutes of July 17,2013, Board Meetin• This is a law you don't need for a problem that does not exist. This law only affects law abid- ing citizens. Unfortunately the state of Illinois dropped this in the municipality's lap. Joe Segal, Northshore Coordinator for Jews for Preservation of Firearms. Gun bans are inhe- rently anti-Semitic. The conceal carry law deals with handguns, the Village is broadening that to rifles. He sees no reason for this ordinance other than a placeholder. Gun bans are mea- ningless and their members will not comply with any gun restriction. Kim Muldofski, Church Street. Supports a full ban as well as a handgun dealer being struck. She had a concern about a science day at the Farmer's Market and was concerned whether they would be in violation. Jose Arguello, 5900 Block of Carol Avenue. He felt there were many unusual concepts being presented this evening. He went on to say if you tell a lie enough times it becomes truth. Many countries around the world ban guns are successful. Statistics show restricting guns does work. Less guns, less death. Guns kill people. Joe Partipillo, Niles. Irresponsible people kill people. He felt people should educate them- selves before speaking and banning things. Rudy Maze. He invites everyone to come and shoot a gun. The Board should be worried about the bad guy, not the normal citizen. Nelson Laverne, Niles. He is a former Marine Sergeant and wants to retain his second amendment rights. He believes in armament against a force that may come to the United States. Trustee Kalogerakos. He reiterated the Board is not banning assault weapons. This evening was intended to give this ordinance a first reading and to hear from the public. Denise Stonebeck, Skokie. She formed a grass roots organization called "People for a Safer Society". She would like to see assault weapons banned. They are designed for war and for killing people. Assault weapons do not belong in civilian hands. These types of weapons are a threat to public safety. XV& ADJOURNMENT/EXECUTIVE SESSION XVI. There being no further business to come before the Board, Trustee Toth moved to adjourn the meeting at 7:24 pm. Trustee Kalogerakos seconded the motion which was unanimously ap- proved via voice vote. 6 Minutes of July 17,2013, Board Meeting PASSED this 12th day of August 2013. Trustee Grear EYE Trustee Kalogerakos RYE Trustee Marcus Trustee Pietron EYE Trustee Thill /�yE Trustee Toth /IyE APPROVE e th 1 `" day of August 2013. Daniel P. DiMaria, Village President Board of Trustees, Morton Grove, Illinois APPROVED and FILED in my office this 13`" day of August 2013. 44 I tkm Ed Ramos, Village Clerk Village of Morton Grove Cook County. Illinois Mr-` "' S` `"` "' 7